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Incentive EXAM FOR SR AUDITOR
Incentive EXAM FOR SR AUDITOR
The Constitution of India provides for the following three kinds of funds for the Central government:
1. Consolidated Fund of India (Article 266)
2. Public Account of India (Article 266)
3. Contingency Fund of India (Article 267)
Consolidated Fund of India (Article 266)
Under Article 266 (1) of the Constitution of India, all revenues (for example tax revenue from
personal income tax, corporate income tax, customs, and excise duties as well as non-tax revenue such
as license fees, dividends, and profits from public sector undertakings, etc.) received by the Union
government as well as all loans raised by the issue of treasury bills, internal and external
loans and all money received by the Union Government in repayment of loans shall form a
consolidated fund entitled the ‘Consolidated Fund of India’ for the Union Government.
Similarly, under Article 266 (1) of the Constitution of India, a Consolidated Fund of State (a
separate fund for each state) has been established where all revenues (both tax revenues such as Sales
tax/VAT, stamp duty, etc.. And non-tax revenues such as user charges levied by State governments)
received by the State government as well as all loans raised by the issue of treasury bills, internal and
external loans and all money received by the State Government in repayment of loans shall form part
of the fund.
The CAG of India audit these Funds and reports to the Union/State legislatures when proper
accounting procedures have not been followed.
Public Account of India (Article 266)
All other public money (other than those which are credited to the Consolidated Fund of India)
received by or on behalf of the Government of India shall be credited to the Public Account of India.
This includes provident fund deposits, judicial deposits, savings bank deposits, departmental
deposits, remittances, and so on. This account is operated by executive action, that is, the payments
from this account can be made without parliamentary appropriation. Such payments are mostly in the
nature of banking transactions.
Contingency Fund of India
The Contingency Fund of India is established under Article 267(1) of the Indian Constitution. It is in
the nature of an imprest (money maintained for a specific purpose).Accordingly, Parliament enacted
the contingency fund of India Act 1950.
The fund is held by the Finance Secretary (Department of Economic Affairs) on behalf of the
President of India and it can be operated by executive action. The Contingency Fund of India exists
for disasters and related unforeseen expenditures.
In 2005, it was raised from Rs. 50 crores to Rs 500 crore. Approval of the Parliament of India for such
expenditure and for withdrawal of an equivalent amount from the Consolidated Fund is subsequently
obtained to ensure that the corpus of the Contingency Fund remains intact.
Similarly, the Contingency Fund of each State Government is established under Article 267(2) of
the Constitution – this is in the nature of an imprest placed at the disposal of the Governor to enable
him/her to make advances to meet urgent unforeseen expenditure, pending authorization by the State
Legislature.
Approval of the Legislature for such expenditure and for withdrawal of an equivalent amount from the
Consolidated Fund is subsequently obtained, whereupon the advances from the Contingency Fund are
recouped to the Fund. The corpus varies across states and the quantum is decided by the State
legislatures.
6 Form of Accounts - Main Divisions of Accounts 5
Government accounts shall be kept in the following three parts:-
Part I Consolidated Fund
of India (including Union Territory Administration or of the State
or Union Territory Government concerned.
Part II Contingency Fund
i. All bodies and authorities substantially financed from the Central or state revenues;
Government companies; and
ii. Other corporations and bodies when so required by related laws.
Auditing all transactions of the Central and state governments related to debt, sinking funds,
deposits, advances, suspense accounts and remittance business. He also audits receipts, stock
accounts and others, with approval of the President, or when required by the President.
Auditing the accounts of any other authority when requested by the President or Governor. For
example, the audit of local bodies.
Advising the President with regard to prescription of the form in which the accounts of the
Centre and the states shall be kept (Article 150).
Submitting audit reports relating to the accounts of the Central Government to the President,
who shall, in turn, place them before both the Houses of Parliament (Article 151).
Submitting audit reports relating to the accounts of a state government to the Governor, who
shall, in turn, place them before the state legislature (Article 151).
Ascertaining and certifying the net proceeds of any tax or duty (Article 279). The certificate is
final. The ‘net proceeds’ means the proceeds of a tax or a duty minus the cost of collection.
Acting as a guide of the Public Accounts Committee of the Parliament. He compiles and
maintains the accounts of state governments. In 1976, he was relieved of the responsibilities
regarding the compilation and maintenance of accounts of the Government of India due to the
separation of accounts from audit, through departmentalization of accounts. The CAG submits
three audit reports to the President:
Audit Report on Appropriation Accounts
Audit Report on Finance Accounts
Audit Report on Public Undertakings
The President lays these reports before both the Houses of Parliament. After this, the Public Accounts
Committee examines them and reports its findings to the Parliament.
55 Describe the audit checks to be applied in audit of store and stocks accounts of 1
an office or department of Govt
Audit of stores and stock Audit of stores and stock is primarily an extension of audit of expenditure.
Additionally, it involves verifying that adequate and sound systems and procedures are in place and
complied with for:
(1) establishment of the need for procurement of stores;
(2) proper assessment of requirement of stores, including, where applicable, determination of
reserve stock limits;
(3) authorisation of procurement of stores;
(4) procurement of stores in a cost-effective manner in accordance with the prescribed systems
and procedures;
(5) receipt, inspection, custody, issue and accounting of stores including appropriate segregation
of duties of personnel and reconciliation of store accounts with books of accounts;
(6) verification of physical balances at prescribed intervals, and reconciliation and resolution of
discrepancies between physical balances and balances as per the records without delay; and
(7) identification of obsolete and surplus stores, their disposal by way of sale and/or transfer to
other units, divisions, etc. and accounting of corresponding receipts, or write off after proper
investigation.
56 Duties and essential governing conditions to conduct the audit of expenditure? 1
Examination of systems and procedures and checks to be applied in audit of expenditure
Audit of expenditure incurred from the Consolidated Fund examines and verifies whether
adequate, proper and sound systems and procedures are in place and are being complied with, both in
letter and spirit, for spending public money. Audit inter alia checks the expenditure for:
(1) Appropriation, that is, the availability of funds in the budget, including supplementary
grant(s) and re-appropriation; this also includes
(a) examination of the orders of re-appropriation for their legality, competence and
propriety; and
(b) confirmation that the expenditure is within the scope and intent of the grant and does
not attract the limitation of new service or new instrument of service;
(2) Authorisation by the authority that is competent to do so;
(3) Compliance with the requirement of the applicable laws, rules, regulations, orders and
instructions in actual disbursement;
(4) Evidence by way of vouchers, payees’ acknowledgements, etc.
(5) Record in the books of the spending officer, including cross-verification with the records of
the treasury, pay and accounts office, bank, etc;
(6) Accounting in the books of the Government; and
(7) Monitoring, control and reporting as prescribed in the Government rules.
The above carries an embedded, but essential, requirement of the examination of expenditure
for compliance with the broad and general principles of financial propriety. Audit shall bring to light
not only significant cases of irregularity and breach of rules, regulations and orders but also every
matter which, in the judgment of the audit officer, appears to involve significant unnecessary,
excessive, extravagant or wasteful expenditure of public money and resources despite compliance with
the rules, regulations and orders.
AUDIT OF GOVERNMENT EXPENDITURE:
The audit of Government Expenditure is one of the major components of government audit. The basic
standards set for audit of expenditure are to ensure that there is provision for funds should be
authorised by competent authority fixing the limits within which expenditure can be incurred.
These standards are as follows:
1. Audit against Rules & Orders: The auditor has to see that the expenditure incurred
conforms to the relevant provisions of the statutory enactment and is in accordance with the
financial rules and regulations framed by the competent authority.
2. Audit of Sanctions: The auditor has to ensure that each item of expenditure is covered
by a sanction, either general or special, accorded by the competent authority, authorizing such
expenditure.
3. Audit against Provision of Funds: It contemplates that there is a provision of funds out
of which expenditure can be incurred and the amount of such expenditure does not exceed the
appropriations made.
4. Propriety Audit: The auditor aims to bring out cases of improper, avoidable, or in
fructuous expenditure even though the expenses had been incurred in conformity with the
existing rules and regulations. Audit aims to secure a reasonably high standard of public
financial morality by looking into the wisdom, faithfulness and economy of transactions.
5. Performance Audit: This involves that the various programmes, schemes and projects
where large financial expenditure has been incurred are being run economically and are
yielding results expected of them. It is an objective examination of the financial and operational
performance of an Organisation or programme and is oriented towards identifying
opportunities for greater economy, and effectiveness
57 Principle duties in respect of the contingent charges? 1
The auditor should very carefully check the various contingent charges. There may be some such
charges for which no provision has been made in the books but merely a note has been made at the
foot of the Balance Sheet, e.g. Bills Receivable which have been discounted and which have not
matured at the date of the Balance Sheet, arrears of fixed cumulative dividends, etc. For charges in
respect of which provision has to be made in the Balance Sheet, viz a suit, etc., the auditor should
examine such cases and ascertain the amount to be specifically reserved for the purpose. The auditor
should examine the Director’s Minute Book, correspondence made with the legal advisers and the
information obtained from the officials of the business. He has to ensure that proper provision has
been made for all such charges and if he is not satisfied, he should mention the fact in his report. It is
to be remembered that the requirements of the Companies Act regarding the contingent charge should
be complied with in the Balance Sheet on the liabilities side.
58 Technical accounts 1
Technical Accounts:
General:
The accounts of Government are prepared under Single Entry System. But, in order to maintain a set
of Technical Accounts (known as Journal and Ledger), Double Entry System is applied. The purpose of
journal and ledger is to ascertain the balance of accounts (in regard to which government acts as a
banker, remitter or borrower, or lender) in a scientific way.
Such balances of account can also be ascertained under Single Entry basis, their accuracy can be
guaranteed if the same are prepared under Double Entry System.
In the case of the Central Government, the various Accounts Officers shall prepare Ledger and
summary of balance in accordance with the procedure separately prescribed for the purpose by the
Controller General of Accounts, state Accountants General will maintain separate Journal and Ledger
for all transactions of the State Government, from which the annual summary of balances of accounts
or Trial Balance or Balance Sheet is prepared by them.
Journal:
The journal incorporates, at first, all the opening balances of the year along with the transactions so
happened during the year and, finally, all the closing balances of the year.
The transactions of each month is recorded as:
1. Sundry Accounts Dr. for revenue and receipt of the month
To Revenue Receipts Sundry Account
2. Service Expenditure Sundry Accounts Dr. for the disbursement of the month
To Sundry Accounts
The totals of the amount columns of the journals are carried forward at the end of the month.
Ledger:
The accounts which are opened in the Ledger are classified in the manner as denoted:
1. Opening and Closing heads, viz. Government Balance;
2. Revenue Receipts; Being the total of the transactions under Revenue, Expenditure and Capital
heads, within the Revenue Account.
3. Service Expenditure;
4. Capital Expenditure (outside the Revenue Account);
5. Debt Deposit and Remittance heads which are closed to Government;
6. Debt Deposit and Remittance heads which are closed to balance;
7. Personal accounts of collectors who are in account with the Accountant General (including
local Remittances in-transit, and also the following heads: Departmental Adjusting Accounts,
Exchange Accounts Abstract, Settlement Account Abstract and Transfers).
59 Annual accounts 1
What is an Annual Account?
Company accounts are a description of the financial performance of an organisation for 12 months.
Every year, they are prepared for filing income tax returns and consist of a balance sheet, profit and
loss statement, and cash flow statement.
The Balance Sheet
The balance sheet is a financial statement that will provide you with a snapshot of the assets, liabilities,
and equity of the owners in your company at a specific time point. It is an indicator of the
company’s financial health at the time it created accounts being a measure of what is owned and what
is owed.
Profit and Loss Statement
The report of profit and loss varies from the balance sheet because it tracks results over some time,
rather than just a snapshot. You can see the net income and overall cost of the company for the
financial year in the profit and loss (P&L) statement.
Cash Flow Statement
The purpose of a cash flow statement is to clarify the movements of cash in and out of the company
during the financial year. Cash flow is the sum of money that comes in over some time and goes out of
a company. It varies from the profit and loss statement as income is usually reported when
the transaction is made, and cash flow is indicated when the money is earned. The two are very
different, in that sense.
60 Suspense accounts 1
A suspense account is an account used to temporarily store transactions for which there is
uncertainty about where they should be recorded. Once the accounting staff investigates and clarifies
the purpose of this type of transaction, it shifts the transaction out of the suspense account and into the
correct account(s). An entry into a suspense account may be a debit or a credit.
It is useful to have a suspense account, rather than not recording transactions at all until there is
sufficient information available to create an entry to the correct account(s). Otherwise, larger
unreported transactions may not be recorded by the end of a reporting period, resulting in inaccurate
financial results.
Certain intermediary/adjusting Heads of Account known as "Suspense Heads" are operated in
Government Accounts to reflect transactions of receipt and payments which cannot be booked to
a final Head of Account due to lack of information as to their nature, or for other reasons.
61 Wage and means Advance 1
The Reserve Bank of India gives temporary loan facilities to the centre and state governments as a
banker to government. This temporary loan facility is called Ways and Means Advances (WMA).
1. The WMA for the Central Government
The WMA scheme was designed to meet temporary mismatches in the receipts and payments of the
government. This facility can be availed by the government if it needs immediate cash from the RBI.
The WMA is a loan facility form the RBI for 90 days which implies that the government has to vacate
the facility after 90 days. Interest rate for WMA is currently charged at the repo rate. The limits for
WMA are mutually decided by the RBI and the Government of India.
If the WMA is extended for more than 90 days, it will be treated as an overdraft.
Overdraft
When the WMA limit is crossed, the government can avail funds through the overdraft facility.
Overdrafts are not allowed beyond 10 consecutive working days. The interest rate on overdrafts would
be 2 percent more than the repo rate.
2. WMA Scheme for State Governments
The state governments can get temporary loans from the RBI from two facilities- the WMA (Ways and
Means Advances) and Overdraft.
1. WMA – includes (a) Special Drawing Facility or Special WMA and (b) Normal WMA; and
2. Overdraft
62 How do we conduct the audit of sanctions in the audit office? 1
AUDIT OF SANCTIONS:
Objective of Audit: The auditor has to ensure that each item of expenditure is covered by a sanction,
either general or special, of the competent authority.
Duty of the Auditor: The auditor has to ensure that
a) Whether the expenditure is covered by a proper sanction, and
b) also to satisfy that the sanction is made by a competent authority do so in accordance with
the
i) Relevant provisions of the Constitution and of the laws and rules made thereunder.
ii) The financial rules, regulations and orders issued by a competent authority.
63 Duties and responsibilities of auditors and sr auditors in central audit support 1
section (other than those relating to works and forest audit)
(A ) Senior Auditors
(i) Audit of loans and deposit vouchers.
(ii) Maintenance of portfolio files for Central, Centrally Sponsored and State Plan Schemes.
(iii) Issue and pursuance of objection memos with departmental officers.
(iv) Issue and pursuance of objection memos with accounting and entitlements sections.
(v) Maintenance of register of important points for local audit.
(vi) Compilation and consolidation of statistics including those meant for calculation of staff
requirements.
(vii) Half- Yearly Digest of Important and Interesting Cases.
(viii) Preparation and consolidation of reports and returns.
(ix) Preparation of audit certificates on Plan Schemes, World Bank Projects, etc.
(B) Auditors
(i) Maintenance and closure of objection book.
(ii) Provision of assistance in administrative work like posting, transfers, sanction of leave, etc.
(iii) Other routine work not specifically listed or any other work entrusted by the Audit Officer
64 Transfer entry 1
Transfer Entries are entries intended for the transfer of an object from one account manager to
another.
Transfer Entries are necessary:
1. To fix a classification mistake in the original accounts.
2. An object outstanding under the Debt, Deposit, or Remittance head to be adjusted by debit or
credit to its proper head.
3. To make daily modifications.
4. To arrange payments of assistance grants or loans to state governments or the governments of
union territories, etc.
There should be only one head on one side of each transfer entry, but there may be a debit or credit to
various other heads or vice-versa. The information describing both the essence of the change and the
reasons for the correction must be specified in the transfer entry. The process of documenting
transactions in a journal is known as journalizing, while the process of moving entries from the journal
to the ledger is known as posting.
65 Ledger 1
It is also known as the principal book of accounts as well as the book of final entry. It is a book in
which all ledger accounts and related monetary transactions are maintained in a summarized and
classified form. All accounts combined together make a ledger and form a permanent record of all
transactions.
It is the most important book of accounting as it helps in the creation of trial balance which then
acts as a base for the preparation of financial statements.
Example: An account can be either an Asset, Liability, Capital, Revenue or an Expense account. Few
examples of each are Furniture, Cash, Creditors, Bank Loan, Capital, Drawings, Sales, Rent, etc.
66 Broad objectives of Audit 1
Primary Objectives of Audit
The main objectives of the audit are known as the primary objectives of the audit. They are as follows:
1. Examining the system of internal check.
2. Checking arithmetical accuracy of books of accounts, verifying posting, casting, balancing, etc.
3. Verifying the authenticity and validity of transactions.
4. Checking the proper distinction between capital and revenue nature of transactions.
5. Confirming the existence and value of assets and liabilities.
Verifying whether all the statutory requirements are fulfilled or not.
Proving true and fairness of operating results presented by income statement and financial position
presented by the balance sheet.
Subsidiary Objectives of Audit
These are such objectives that are set up to help in attaining primary objectives. They are as follows:
Detection and prevention of errors
Errors are those mistakes that are committed due to carelessness or negligence or lack of knowledge or
without having vested interest.
Errors may be committed without or with any vested interest.
So, they are to be checked carefully. Errors are of various types. Some of them are:
Errors of principle.
Errors of omission.
Errors of commission.
Compensating errors.
Detection and prevention of frauds
Frauds are those mistakes that are committed knowingly with some vested interest in the direction of
top-level management.
Management commits frauds to deceive tax, to show the effectiveness of management, to get more
commission, to sell a share in the market or to maintain the market price of share, etc.
Detection of fraud is the main job of an auditor.
Such frauds are as follows:
Misappropriation of cash.
Misappropriation of goods.
Manipulation of accounts or falsification of accounts without any misappropriation.
Under or over-valuation of stock
Normally such frauds are committed by the top-level executives of the business. So, the explanation
given to the auditor also remains false.
So, an auditor should detect such frauds using skill, knowledge, and facts.
Other objectives
To provide information to the income-tax authority.
To satisfies the provisions of the Companies Act.
To have a moral effect.
67 Essential conditions governing incurring of expenditure 1
Subject to the provisions of Articles 266(3), 267(2) and 283(2) of the Constitution, no authority may
incur any expenditure or enter into any liability involving expenditure or transfer of money for
investment or deposit from Government account unless such expenditure or transfer, as the case may
be, has been sanctioned by general or special orders of Government or by any authority to which
power has been duly delegated in this behalf
68 Procedure relating to appropriation audit 1
Audit of Sanctions
The first stage of Appropriation Audit is the audit of sanctions containing orders of allotment,
Reappropriation and Resumption of funds. These sanctions should be scrutinized to ensure that:-
(a) the orders are issued by a competent authority ;
(b) the allotments made are not in excess of the amounts available under the Grant or Appropriation;
(c) the amount appropriated is available under the unit from which it is allotted ;
(d) amounts reappropriated are not intended for meeting expenditure on a ‘New Service’ or ‘New
Instrument of Service’
(e) no amount has been reappropriated from one Grant or Appropriation to another Grant or
Appropriation.
(f) no amount has been reappropriated from ‘Charged’ Section to ‘Voted’ Section and vice – versa ;
(g) no amount has been reappropriated from Revenue to Capital and vice versa ; and
(h) funds provided under ‘Plan’ heads have not been reappropriated to ‘Non-plan’ heads without the
previous consent of the Finance Department.
Audit of Expenditure
The second stage of Appropriation Audit is the audit of expenditure against allotments. Audit against
provision of funds should be directed primarily to ascertaining that the money expended has been
applied to the services and purposes for which the Grants and Appropriations specified in the schedule
to the Appropriation Act passed were intended to provide and that the amount of expenditure against
each Grant or Appropriation does not exceed the amount included in that schedule. A Grant or
Appropriation is intended to cover all the charges including the liabilities of past years to be paid
during the financial year or to be adjusted in the accounts of that year. It is operative until the close of
that year. Any unspent balance lapses and is not available for utilization in the following year
69 Separate audit report 1
Separate audit report means an audit report containing audit observations on the accounts of an
authority, body or corporation whether or not required to be laid before the legislature;
70 Major head, minor head, detailed head of accounts 1
Major, Minor and Detailed Heads
(a) The main unit of classification in accounts shall be the major head which shall be divided into
minor heads, each of which shall have a number of subordinate heads, generally shown as sub-heads.
The sub-heads are further divided into detailed heads. Sometimes major heads may be divided into
'sub-major heads' before their further division into minor heads.
The Sectors, Major heads, Minor heads, Sub-heads and Detailed heads together constitute a five tier
arrangement of the classification structure of Government Accounts.
(b) Major heads of account falling within the Consolidated Fund shall generally correspond to
'Functions' of Government, such as different services like "Crop Husbandry", 'Defence' provided by
Government, while minor heads subordinate to them shall identify the 'Programme' undertaken to
achieve the objectives of the function represented by the major head. A programme may consist of a
number of schemes or activities and these shall, generally, correspond to 'sub-heads' below the minor
head represented by the programme. In certain cases, especially in regard to non-developmental
expenditure or expenditure of an administrative nature, the sub-heads may denote the components of
a programme, such as 'Organisations' or the different 'Wings of Administration'.
(c) A "detailed head'', is termed as an object classification. On the expenditure side of the accounts
particularly in respect of heads of accounts within the Consolidated Fund, detailed heads are primarily
meant for itemised control over expenditure and indicate the object or nature of expenditure on a
scheme or activity or organisation in terms of inputs such as 'Salaries', 'Office Expenses', 'Grants-in-
aid', 'Loans'. 'Investments'.
(d) The detailed classification of account heads in Government Accounts and the order in which the
Major and Minor heads shall appear in all account records shall be such as are prescribed by the
Central Government from time to time on the advice of the CAG of India. The 'List of Major and Minor
Heads of Account of Union and States contains the classification prescribed in this regard. The
classification prescribed (including the code No. assigned upto the major heads and minor heads
thereunder) should be strictly followed.
71 Difference between capital and revenue expenditure 1
CAPITAL EXPENDITURE REVENUE EXPENDITURE
Meaning The expenditure incurred in acquiring a Expenses incurred in regulating
capital asset or improving the capacity of an day to day activities of the
existing one, resulting in the extension in its business.
life years.
Term Long Term Short Term
Capitalization Yes No
Shown in Income Statement & Balance Sheet Income Statement
Outlay Non-recurring Recurring
Benefit More than one year Only in current accounting year
Earning capacity Seeks to improve earning capacity Maintain earning capacity
Matching concept Not matched with capital receipts Matched with revenue receipts
Shown in Income Statement & Balance Sheet Income Statement
72 Audit of receipts 1
Section 16 of DPC Act. Audit of receipts of Union or of States. It shall be the duty of the CAG to
audit all receipts which are payable into the Consolidated Fund of India and of each State and of each
Union territory having a Legislative Assembly and to satisfy himself that the rules and procedures in
that behalf are designed to secure an effective check on the assessment, collection and proper
allocation of revenue and are being duly observed and to make for this purpose such examination of
the accounts as he thinks fit and report thereon.
73 Appropriation act 1
According to Article 114 of the Constitution of India, the government cannot withdraw any amount
of money from the Consolidated Fund of India, prior to it being passed by the Parliament and the
State Legislature, and also having received the President’s assent within a period of 75 days of its
presentation. Thus, once the assent is received from the President, the Appropriation Bill becomes
the Appropriation Act.
The Appropriation Act allows the government to withdraw funds during the fiscal year from the
Consolidated Fund of India. It is necessary for the bill to be passed for both non-votable and votable
expenditures. Once the Bill has been passed by the Parliament and the State Legislature, no
amendments in the amounts mentioned can be made.
If any inconsistencies arise between the amounts that were proposed and sanctioned and what was
eventually spent by the government during the fiscal year, the same will be reported by the CAG of
India (CAG) to the State and Union Legislatures. This excess expenditure incurred by the
government will then be scrutinised by the Parliament and the State Legislature.
Expenditures of the government, such as repayment of public debts, expenses incurred by the
judiciary, etc. are called Charged Appropriation since they are not generally voted on by the
Parliament, and these expenses are charged on the Consolidated Fund of India, as per Article 112(3)
of the Constitution of India.
74 List of duties levied by the union but collected and appropriated by the states 1
Article 268. Duties levied by the Union but collected and appropriated by the States.-
(1) Such stamp duties and such duties of excise on medicinal and toilet preparations as are mentioned
in the Union List shall be levied by the Government of India but shall be collected-
(a) in the case where such duties are leviable within any Union territory, by the Government of
India, and
(b) in other cases, by the States within which such duties are respectively leviable.
(2) The proceeds in any financial year of any such duty leviable within any State shall not form part of
the Consolidated Fund of India, but shall be assigned to that State.
75 Regulation by law of procedure in the legislature of the state in relation to 1
financial business
Article 209 of Constitution of India
The Legislature of a State may, for the purpose of the timely completion of financial business, regulate
by law the procedure of, and the conduct of business in, the House or Houses of the Legislature of the
State in relation to any financial matter or to any Bill for the appropriation of moneys out of the
Consolidated Fund of the State, and, if and so far as any provision of any law so made is inconsistent
with any rule made by the House or either House of the Legislature of the State under clause (1) of
article 208 or with any rule or standing order having effect in relation to the Legislature of the State
under clause (2) of that article, such provision shall prevail.
76 Court not to inquire into proceedings of the legislature 1
Article 212
(1) The validity of any proceedings in the Legislature of a State shall not be called in question on the
ground of any alleged irregularity of procedure.
(2) No officer or member of the Legislature of a State in whom powers are vested by or under this
Constitution for regulating procedure or the conduct of business, or for maintaining order, in the
Legislature shall be subject to the jurisdiction of any court in respect of the exercise by him of those
powers.
77 Submission of audit report 1
Submission of audit reports to the Government and legislature
The reports of the CAG in relation to the accounts of a Government company or a deemed
Government company shall be submitted to the Government concerned under Section 19A of the
Act. The Government shall cause every report so received to be laid before each House of
Parliament/State legislature, as the case may be.
Article 151
i. The reports of the CAG of India relating to the accounts of the Union shall be submitted to the
President, who shall cause them to be laid before each House of Parliament.
ii. The reports of the CAG of India relating to the accounts of a State shall be submitted to the
Governor of the State, who shall cause them to be laid before the Legislature of the State.
According to Sixth Schedule the accounts of the District Council or Regional Council should be kept
in such form as CAG, with the approval of the President, prescribe. In addition these bodies account
are audited in such manner as CAG may think fit, and the reports relating to such accounts shall be
submitted to the Governor who shall cause them to be laid before the Council.
78 Exemption of property and income from taxation of union and state 1
Article 285 Constitution of India
(1) The property of the Union shall, save in so far as Parliament may by law otherwise provide, be
exempt from all taxes imposed by a State or by any authority within a State.
(2) Nothing in clause (1) shall, until Parliament by law otherwise provides, prevent any authority
within a State from levying any tax on any property of the Union to which such property was
immediately before the commencement of this Constitution liable or treated as liable, so long as that
tax continues to be levied in that State.
79 Conditions for joint sitting of both the houses of parliament 1
Details about Joint sitting of Parliament
Article 108 of the Indian Constitution provides for a joint sitting of both Houses of Parliament
The joint session is summoned by the President.
It is presided over by the Speaker of the Lok Sabha
The joint sitting is governed by the Rules of Procedure of Lok Sabha and not of Rajya Sabha.
The quorum to constitute a joint sitting: 1/10th of the total number of members of the House.
The Bill is passed by a simple majority of the total number of members of both the Houses
present and voting in the joint sitting,
Occasions when Joint Session of Parliament is summoned:
1. To resolve deadlock when any house of the Parliament passes a bill and:
a. The other House rejects this bill, or
b. The Houses do not agree on the amendments made to the bill, or
c. More than six months elapsed with the bill being received by the other House without it
being passed.
2. According to Article 87 of the Constitution, there are two instances when the
country’s President specifically addresses a joint sitting of both Houses. They are:
a. At the start of the first session after a general election. This is when the reconstituted ok
Sabha meets for the first time after being elected.
b. At the start of the first session every year.
3. When any foreign dignitary may addresses the Parliament e.g. Barack Obama addressed a
joint session of Parliament during his visit in 2010.
Exceptions to Joint Session
According to the Indian Constitution, there are two exceptions when a joint sitting cannot be
summoned. They are for the following bills:
1. Constitution Amendment Bill: According to Article 368, both houses of Parliament must pass
a Constitutional Amendment bill separately. There is no provision for a joint sitting in case of a
disagreement.
2. Money Bill (Article 110): As per the Constitution, money bills require the Lok Sabha’s approval
only, Rajya Sabha has limited powers in this regard.
Joint sitting is an extraordinary machinery provided by the Constitution aimed to maintain a much-
needed synergy between the two houses of the Parliament.
80 Provisions of Article 148&151 1
Article 148: CAG of India
(7) There shall be a CAG of India who shall be appointed by the President by warrant under his
hand and seal and shall only be removed from office in like manner and on the like grounds as a
Judge of the Supreme Court.
(8) Every person appointed to be the CAG of India shall, before he enters upon his office, make and
subscribe before the President, or some person appointed in that behalf by him, an oath or
affirmation according to the form set out for the purpose in the Third Schedule.
(9) The salary and other conditions of service of the Comptroller and Auditor- General shall be such
as may be determined by Parliament by law and, until they are so determined, shall be as
specified in the Second Schedule:
Provided that neither the salary of a CAG nor his rights in respect of leave of absence, pension
or age of retirement shall be varied to his disadvantage after his appointment.
(10) The CAG shall not be eligible for further office either under the Government of India or
under the Government of any State after he has ceased to hold his office.
(11) Subject to the provisions of this Constitution and of any law made by Parliament, the
conditions of service of persons serving in the Indian Audit and Accounts Department and the
administrative powers of the CAG shall be such as may be prescribed by rules made by the
President after consultation with the CAG.
(12) The administrative expenses of the office of the Comptroller and Auditor- General,
including all salaries, allowances and pensions payable to or in respect of persons serving in that
office, shall be charged upon the Consolidated Fund of India.
Article 151: Audit reports
(1) The reports of the CAG of India relating to the accounts of the Union shall be submitted to the
President, who shall cause them to be laid before each House of Parliament.
(2) The reports of the CAG of India relating to the accounts of a State shall be submitted to the
Governor of the State, who shall cause them to be laid before the Legislature of the State.
81 Audit of remittance transactions 1
82 Points to be seen by audit as regards to purchase of stores 1
83 Provisions regarding process of estimates 1
84 Duties of Audit iro the audit of public debts? 1