Page 236 - DCOM509_ADVANCED_AUDITING
P. 236

Unit 12: Special Features of Audit




          3.   Books, Accounts and other records of Co-operative Societies: Under section 43(h) of the  Notes
               Co-operative Societies Act, a state government can frame rules prescribing the books and
               accounts to be kept by a co-operative society.

                 Example: In Maharashtra the co-operative societies are required to maintain cash book,
          general ledger, personal ledger, stock register, property register, etc. It is very much clear that
          requirement under State Acts resembles the provisions made under Section 209 of the Companies
          Act, 1956.

          4.   Restrictions on shareholdings: According to Section 5 of the Co-operative Societies Act,
               1912, in the case of a society where the liability of a member of the society is limited, no
               member of a society other than a registered society can hold such portion of the share
               capital of the society as would exceed a maximum of twenty percent of the total number of
               shares or of the value of shareholding to  1,000. The auditor of a co-operative society will
               be concerned with this provision so as to watch any breach relating to holding of shares.
               One should also watch whether any provision in the bye-laws of the society is not contrary
               to this statutory position. The State Acts may provide limits as to the shareholding, other
               than that provided in the Central Act.
          5.   Restrictions on loans: A registered society shall not make a loan to any person other than
               a member. With the special sanction of the Registrar, a registered society may make a loan
               to another registered society (Section 29).The State Government may  further put such
               restrictions as it thinks fit on the loaning powers of the society to its members or to other
               societies in the interest of the society concerned and its members.
          6.   Restrictions on borrowings: A registered society may accept loans and deposits from its
               members and others subject to the restrictions and limits of the bye-laws of the society.
               The auditor will have to examine the bye-laws in this respect (Section 30).
          7.   Investment of funds: According to Section 32 of the Central Act the modes of investment
               of funds of a society may be stated as follows. A society may invest its funds in any one or
               more of the following:
               (i)  In the Central or State Co-operative Bank.
               (ii)  In any of the securities specified in Section 20 of the Indian Trusts Act, 1882.

               (iii)  In the  shares, securities, bonds or debentures of  any other society with limited
                    liability.
               (iv)  In any co-operative bank, other than a Central or State co-operative bank, as approved
                    by the Registrar on specified terms and conditions.
               (v)  In any other moneys permitted by the Central or State Government.

               The principal provision relating to the investments of funds of a co-operative society, the
               Central as well as State Acts does not mention anything about the investment of reserve
               fund outside the business specifically.
          8.   Appropriation of profits: Section 33 of the Central Act states that 25% of the profits should
               be transferred to Reserve Fund, before distribution as dividends or bonus to members.
               However, having regard to the financial position of the society, the Registrar may reduce
               the percentage of transfer, but in any case not less than 10%. Generally in case of newly
               started salary earners’ credit societies this liberal view is taken.






                                           LOVELY PROFESSIONAL UNIVERSITY                                   231
   231   232   233   234   235   236   237   238   239   240   241