Reserve Bank of India Act, 1934
45MA. Powers and duties of auditors
(1) It shall be the duty of an auditor of a non-banking
institution to inquire whether or not the non-banking institution has furnished
to the bank such statements, information or particulars relating to or
connected with deposits received by it, as are required to be furnished under
this chapter, and the auditor shall, except where he is satisfied on such
inquiry that the non-banking institution has furnished such statements,
information or particulars, make a report to the bank giving the aggregate
amount of such deposits held by the non-banking institution.
25 [(1A) The bank may, on being satisfied that it is
necessary so to do, in the public interest or in the interest of the depositors
or for the purpose of proper assessment of the books of accounts, issue
directions to any non-banking financial company or any class of non-banking
financial companies or non-banking financial companies generally or to the
auditors of such non-banking financial company or companies relating to balance
sheet, profit and loss account, disclosure of liabilities in the books of
accounts or any matter relating thereto.]
(2) Where, in the case of 29[a non-banking financial
company] the auditor has made, or intends to make, a report to the bank under
sub-section (1), he shall include in his report under sub-section (2) of
section 227 of the Companies Act, 1956 (1 of 1956), the contents of the report
which he has made, or intends to make, to the bank.
25 [(3) Where the bank is of the opinion that it is necessary
so to do in the public interest or in the interest of the non-banking financial
company, or in the interest of depositors of such company it may at any time by
order direct that a special audit of the accounts of the non-banking financial
company in relation to any such transaction or class of transactions or for
such period or periods, as may be specified in the order, shall be conducted
and the bank may appoint an auditor or auditors to conduct such special audit
and direct the auditor or the auditors to submit the report to it.
(4) The remuneration of the auditors as may be fixed by the
bank, having regard to the nature and volume of work involved in the audit and
the expenses of or incidental to the audit, shall be borne by the non-banking
financial company so audited.]