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Start Free TrialThe Kerala Local Fund Audit Act, 1994 [1] Complete Act
State: Kerala
Year: 1994
.....stores to be reported by the Executive authority. - (1) Whenever any defalcation or loss in money or stores of a local authority is discovered the fact shall be promptly reported by the Executive authority to the Director and to the Controlling Authority or the Government, as the case may be, giving in detail the circumstances which led to such defalcation or loss. Note. -In this sub-section Controlling Authority means the Head of the Department concerned or the officer empowered to countersign the grant-in-aid Bill. ( 2 ) On receipt of a report under sub-section (1), the Director shall immediately conduct or cause to be conducted a special audit of the accounts of that local authority: Provided that nothing in this section shall prevent the local authority from taking criminal proceedings against any person suspected of, or involved in, any defalcation or loss of money or stores, where such a course is considered expedient. 22. Act to override other enactments. -If any provision contained in any other law for the time being in force relating to the audit of accounts of a local authority or a local fund included in the Schedule is repugnant to the provisions of this Act, the.....
List Judgments citing this sectionThe Bombay Local Fund Audit Act 1930 Complete Act
State: Maharashtra
Year: 1930
.....fails to give the intimation or explanation referred to in sub-section (1) within the period therein mentioned, the Chief Auditor shall bring the fact to the notice of the Commissioner. Thereupon the Commissioner may 1[publish in Marathi in any newspaper circulating within the jurisdiction of the local authority] such portion of the Chief Auditor's report under Section.8 as may be specified by the Chief Auditor or as the commissioner may select together with any observations which he Commissioner may make on such report. The cost of such publication shall be forthwith paid by the local authority concerned. If the cost is not so paid, the Commissioner may make an order directing any person, who for the time being has custody of any moneys on behalf of the local authority. as its officer, treasurer, banker or otherwise, to pay the amount of such cost from such money as he may have in his hands or may, from time to time, receive, and such person shall be bound to obey such order. Every payment made pursuant to such order shall be a sufficient discharge to such person from all liability to the local authority in respect of any amount paid by him out of the moneys of the local.....
List Judgments citing this sectionThe Assam Cooperative Societies Act, 1949 Complete Act
State: Assam
Year: 1949
.....Corporation Limited v. Collector of Central Excise [AIR 1963 SC 104], was concerned with the question as to whether exemption of excise duty to the factory run by a Co-operative Society, when exempted on payment of such duty was discriminatory or not. Their Lordships held that such exemption does not fall under discrimination. Similar question also arose in the cases of P.V. Shivarajan v. The Union of India [1959 Supp (1) SCR 779] and Gordhandas v. Assistant Collector of Central Excise and Customs. [(Unreported, decided on 27-9-68 in CA No. 1040 of 1965]. CHAPTER 1 Preliminary 1. Short title, extent and commencement. (1) This Act may be called the Assam Co-operative Societies Act, 1949. (2) It extends to the whole of the State of Assam. (3) It shall come into force on such date as the State Government may appoint. COMMENTS The Act came into force from 1st April, 1950, vide Notification No. CG 6/50/ 40, dated 3-3-1950. 2. Definitions. In this Act, unless there is anything repugnant in the subject or context " (a) "Administrative Council" means a body intermediary between a Managing Body and the General Assembly of registered society: "Affiliating Society".....
List Judgments citing this sectionCost and Works Accountants Act, 1959 Schedule II
Title: Second Schedule
State: Central
Year: 1959
.....of any business or enterprise in which he, his firm or a partner in his firm has a substantial interest; (5) fails to disclose a material fact known to him in a cost or pricing statement, which is not disclosed in a cost or pricing statement but disclosure of which is necessary in making such statement where he is concerned with such statement in a professional capacity; (6) fails to report a material mis-statement known to him to appear in a cost or pricing statement with which he is concerned in a professional capacity; (7) does not exercise due diligence, or is grossly negligent in the conduct of his professional duties; (8) fails to obtain sufficient information which is necessary for expression of an opinion or its exceptions are sufficiently material to negate the expression of an opinion ; (9) fails to invite attention to any material departure from the generally accepted procedure of costing and pricing applicable to the circumstances; (10) fails to keep moneys of his client other than fees or remuneration or money meant to be expended in a separate banking account or to use such moneys for purposes for which they are intended within a reasonable.....
View Complete Act List Judgments citing this sectionChartered Accountants Act, 1949 Schedule II
Title: The Second Schedule
State: Central
Year: 1949
.....of any business or enterprise in which he, his firm, or a partner in his firm has a substantial interest; (5) fails to disclose a material fact known to him which is not disclosed in a financial statement, but disclosure of which is necessary in making such financial statement where he is concerned with that financial statement in a professional capacity; (6) fails to report a material misstatement known to him to appear in a financial statement with which he is concerned in a professional capacity; (7) does not exercise due diligence, or is grossly negligent in the conduct of his professional duties; (8) fails to obtain sufficient information which is necessary for expression of an opinion or its exceptions are sufficiently material to negate the expression of an opinion; (9) fails to invite attention to any material departure from the generally accepted procedure of audit applicable to the circumstances; (10) fails to keep moneys of his client other than fees or remuneration or money meant to be expended in a separate banking account or to use such moneys for purposes for which they are intended within a reasonable time. PART II Professional misconduct.....
View Complete Act List Judgments citing this sectionCompany Secretaries Act 1980 Schedule I
Title: First Schedule
State: Central
Year: 1980
.....as may be prescribed, including a resident who but for his residence abroad would be entitled to be registered as a member under clause (e) of sub-section (1) of section 4 or whose qualifications are recognised by the Central Government or the Council for the purpose of permitting such partnerships; (5) secures, either through the services of a person who is not an employee of such company secretary or who is not his partner or by means which are not open to a Company Secretary, any professional business: Provided that nothing herein contained shall be construed as prohibiting any arrangement permitted in terms of items (2), (3) and (4) of this Part; (6) solicits clients or professional work, either directly or indirectly, by circular, advertisement, personal communication or interview or by any other means: Provided that nothing herein contained shall be construed as preventing or prohibiting-- (i) any company secretary from applying or requesting for or inviting or securing professional work from another company secretary in practice; or (ii) a member from responding to tenders or enquiries issued by various users of professional services or organisations from.....
View Complete Act List Judgments citing this sectionCompany Secretaries Act 1980 Schedule II
Title: Second Schedule
State: Central
Year: 1980
.....given to any business or enterprise in which he, his firm, or a partner in his firm has a substantial interest; (5) fails to disclose a material fact known to him in his report or statement but the disclosure of which is necessary in making such report or statement, where he is concerned with such report or statement in a professional capacity; (6) fails to report a material mis-statement known to him and with which he is concerned in a professional capacity; (7) does not exercise due diligence, or is grossly negligent in the conduct of his professional duties; (8) fails to obtain sufficient information which is necessary for expression of an opinion or its exceptions are sufficiently material to negate the expression of an opinion; (9) fails to invite attention to any material departure from the generally accepted procedure relating to the secretarial practice; (10) fails to keep moneys of his client other than fees or remuneration or money meant to be expended in a separate banking account or to use such moneys for purposes for which they are intended within a reasonable time. PART II Professional misconduct in relation to members of the Institute generally .....
View Complete Act List Judgments citing this sectionChartered Accountants (Amendment) Act 2006 Schedule II
Title: Second Schedule
State: Central
Year: 2006
.....of any business or enterprise in which he, his firm, or a partner in his firm has a substantial interest; (5) fails to disclose a material fact known to him which is not disclosed in a financial statement, but disclosure of which is necessary in making such financial statement where he is concerned with that financial statement in a professional capacity; (6) fails to report a material misstatement known to him to appear in a financial statement with which he is concerned in a professional capacity; (7) does not exercise due diligence, or is grossly negligent in the conduct of his professional duties; (8) fails to obtain sufficient information which is necessary for expression of an opinion or its exceptions are sufficiently material to negate the expression of an opinion; (9) fails to invite attention to any material departure from the generally accepted procedure of audit applicable to the circumstances; (10) fails to keep moneys of his client other than fees or remuneration or money meant to be expended in a separate banking account or to use such moneys for purposes for which they are intended within a reasonable time. PART II Professional misconduct.....
View Complete Act List Judgments citing this sectionCost and Works Accountants (Amendment) Act, 2006 Schedule II
Title: The Second Schedule
State: Central
Year: 2006
.....of any business or enterprise in which he, his firm or a partner in his firm has a substantial interest; (5) fails to disclose a material fact known to him in a cost or pricing statement, which is not disclosed in a cost or pricing statement but disclosure of which is necessary in making such statement where he is concerned with such statement in a professional capacity; (6) fails to report a material mis-statement known to him to appear in a cost or pricing statement with which he is concerned in a professional capacity; (7) does not exercise due diligence, or is grossly negligent in the conduct of his professional duties; (8) fails to obtain sufficient information which is necessary for expression of an opinion or its exceptions are sufficiently material to negate the expression of an opinion ; (9) fails to invite attention to any material departure from the generally accepted procedure of costing and pricing applicable to the circumstances; (10) fails to keep moneys of his client other than fees or remuneration or money meant to be expended in a separate banking account or to use such moneys for purposes for which they are intended within a reasonable.....
View Complete Act List Judgments citing this sectionPUBLIC ACCOUNTANTS' DEFAULT ACT, 1850 Section 4
Title: Prosecution of accountants and sureties
State: Central
Year: 1850
The person or persons at the head of the office to which any public accountant belongs may proceed against any such public accountant and his sureties for any loss or defalcation in his accounts, as if the amount thereof were an arrear of land-revenue due to Government.
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