The
provisions of the Government of
India (Audit and Accounts) order, 1936 as adapted
by the India (Provisional Constitution) Order,
1947 and Article 149 of the Constitution of
India, have cast responsibilities on and vested
powers in the Comptroller and Audit General
of India in relation to the accounts of the
Union and the State Governments.
The
parliament passed, in 1971, the C&AG’s
(DPCS) Act under Articles 148 (3) and 149
of the Constitution to regulate the duties,
powers and conditions of service of the C&AG.
The Act empowered the President (and the
Governor of the State) to relive the C&AG
of the responsibility for compiling accounts.
Article 150 was also amended in 1976 and
again in 1978 to empower the President to
prescribe the form of the accounts, on the
advice of the C&AG, even where the C&AG
has been relieved of the responsibility for
compiling the accounts.
Through
the scheme of departmentalization of accounts
of the Union Government, the C&AG was
relieved, in stages from 1976, of the responsibility
for maintaining the accounts of the Union.
Consistent with the principle of separation
of accounts from audit, the composite offices
of Accountants General were bifurcated in
March 1984, into distinct offices with separate
cadres for dealing with (a) all audit work,
and (b) all accounting and entitlement work.
The
responsibilities of the Comptroller and Auditor
General in so far as it relates to compilation
of accounts of the Union, the States and
the Union Territories with Legislatures are
given in Sections 10, 11 and 12 of the Comptroller
and Auditor General’s (Duties, Powers
and Conditions of Service) Act, 1971 which
are reproduced below:-
Section
10
(1) The Comptroller and Auditor General shall be responsible-
(a) for compiling the accounts of the Union and of each State from the initial
and subsidiary accounts rendered to the audit and accounts offices under his
control by treasuries, offices or departments responsible for the keeping of
such accounts; and
(b) for keeping such accounts in relation to any of the matters specified in
clause (a) as may be necessary:
Provided
that the President may, after
consultation with the Comptroller and Auditor
General, by order, relieve him from the
responsibility for compiling-
(i) the said accounts of the Union (either at once or gradually by the issue
of several orders); or
(ii) the accounts of any particular services or departments of the Union:
Provided
further that the Governor of a
State with the previous approval of the
President and after consultation with Comptroller
and Auditor General, by order, relieve
him from the responsibility for compiling-
(i) the said accounts of the State (either at once or gradually by the issue
of several orders); or
(ii) the accounts of any particular services or departments of the State.
Provided
also that the President may, after
consultation with the Comptroller and Auditor
General, by order relieve him from the
responsibility for keeping the accounts
of any particular class or character.
(2) Where under any arrangement, a person other than the Comptroller and Auditor
General has, before the commencement of this Act, been responsible-
(i) for compiling the accounts of any particular service or department of the
Union or of a state, or
(ii) for keeping the accounts of any particular class or character,
Such arrangement shall, notwithstanding anything contained in sub-section (1)
continue to be in force unless, after consultation with the Comptroller and
Auditor General, it is revoked in the case referred to in clause (i) by an
order of the President or the Governor of the State, as the case may be, and
in the case referred to
in clause (ii) by an order of the President.
Section
11
The Comptroller and Auditor General shall, from the accounts compiled by him
or by the Government or any other person responsible in that behalf prepare
in each accounts (including in the case of accounts compiled by him, appropriation
accounts) showing under the respective heads the annual receipts and disbursements
for the purpose of the Union, of each State and of each Union Territory having
a Legislative Assembly and shall submit those accounts to the President or
the Governor of a State or Administrator of the Union Territory having a Legislative
Assembly, as the case may be on or before such dates as he may, with the concurrence
of the Government concerned, determine.
Provided
that the President may after consultation
with the Comptroller and Auditor General,
by order, relieve him from the responsibility
for the preparation and submission of the
accounts relating to annual receipts and
disbursements for the purpose of the Union
or of a Union Territory having a Legislative
Assembly.
Provided
further that the Governor of a
State may, with the previous approval of
the President and after consultation with
the Comptroller and Auditor General, by
order, relieve him from the responsibility
for the preparation and submission of the
accounts relating to annual receipts and
disbursements for the purpose of the State.
Note: In exercise of the power conferred
by the first Proviso to Section 11 of the Comptroller and Auditor
General’s (Duties, Powers and Conditions of Service) Act,
1971, the President issued orders relieving the Comptroller and
Auditor General from the responsibility of preparing the Finance
Accounts of Union Government from 1977-78 onwards and of the
Union Territory of Pondicherry from 1988-89 onwards.
The
Comptroller and Auditor General, will, however,
continue to be responsible for the submission
of the Finance Accounts of the Union to the
President for being laid before the Parliament.
Section
12
The Comptroller and Auditor General shall, in so far as the accounts for the
compilation or keeping of which he is responsible, enable him to do so, give
to the Union Government, to the State Governments or to the Governments of
Union Territories having Legislative Assemblies, as the case may be, such information
as they may, from time to time, require and render such assistance in the preparation
of annual financial statements as they may reasonably ask for.
1.3 Any
power exercisable by the Comptroller and
Auditor General under the provisions of the
Comptroller and Auditor General’s (Duties,
Powers and Conditions of Service) Act, 1971
or any other law may be exercised by such
Officer of his department as may be authorized
by him in this behalf by general or special
order. The delegation is subject to the condition
that except during the absence of the Comptroller
and Auditor General on leave or otherwise,
no officer shall be authorized to submit
on behalf of the Comptroller and Auditor
General, any report which the Comptroller
and Auditor General is required by the Constitution
or the Government of Union Territories Act,
1963 to submit to the President or the Governor
of a State or the Administrator of a Union
Territory having a Legislative Assembly as
the case may be.
1.4 The
Comptroller and Auditor General is responsible
for watching the due compliance of directions
issued by the President to a State which
are of financial or quasi-financial character.
Duties
of the Indian Audit and Accounts Department
1.5 The Accountants General and the staff of the
Indian Audit & Accounts Department shall, under such special
and general directions as may be given by the Comptroller and Auditor
General from time to time, perform such duties and functions, as
are imposed on or undertaken by him under the provisions of the Constitution,
or of any law made by Parliament.
It
is essential that an Accountant General should
work in close co-ordination with the Government
concerned. He is entitled to seek the help
of the Finance Ministry/Department in cases
of failure of any authority to maintain the
prescribed accounts or submit them on the
due dates. He may seek their assistance where
necessary to secure a satisfactory settlement
of outstanding objections of accounting nature. |