Power of CAG to appoint auditor in Government Companies now include companies owned or controlled by the Central or State Government -Section 143(5)

[To be published in the Gazette of India, Extraordinary, Part II, section 3, sub­ section (ii)]

GOVERNMENT OF INDIA
MINISTRY OF CORPORATE AFFAIRS
ORDER

New Delhi, the 4 ^th September, 2014

S.O. Whereas the Companies Act, 20 13 (18 of 2013) (hereinafter referred to as the said Act) received the assent of the President on the 29th August , 20 13 and section 143 of the Act, which provides for the powers and duties of the auditors and auditing standards, came into force with effect from 1st April, 2014.

And whereas sub-sections {5) and (7) of section 139 of the said Act provide for power of the Comptroller and Auditor-General of India to appoint an auditor duly qualified to be appointed as an auditor in a Government company or any other company owned or controlled, directly or indirectly, by the Central Government,  or by any State Government or Governments, or partly by the Central Government and partly by one or more State Government s;

And whereas sub-section (5) of section 143 of the said Act which provides for power of the Comptroller and Auditor-General of India to conduct supplementary audit does not specifically cover companies 'owned or controlled, directly or indirectly, by the Central Government, or by any State Government or Governments, or partly by the Central Government and partly by one or more State Governments'

And whereas difficulties have arisen in implementation of the provisions of sub-section (5) of section 143 for companies referred to in sub-section s (5) and (7) of section 139 of the said Act;

Now, therefore, in exercise of the powers conferred by sub-section (1) of section 470 of the Companies Act, 2013 the  Central  Government  hereby makes the following Order to remove  the aforesaid difficulties, namely:-

1. Short title and commencement.-

(1) This order may be called the Companies (Removal of Difficulties) Seventh Order, 2014.

(2) It shall come into force on the date of its publication in the Official Gazette.

2. In section 143 of the Companies Act, 2013 in sub-section (5), for the portion beginning with the words " In the case of a Government company" and ending with the words "required to be audited and", the following shall be substituted , namely : -

"In the case of a Government company or any other company owned or controlled, directly or indirectly, by the Central Government,  or by any State Government or Governments, or partly by the Central Government and partly by one or more State Governments, the Comptroller and Auditor-General of India shall appoint the auditor under sub-section (5) or sub-section (7)  of section 139 and direct such auditor the manner in which the accounts of the company are required  to be audited  and"

[F No. 1/33/2013-CL.V]
AMARADEEP SINGH BHATIA,
JOINT SECRETARY

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