33Powers and duties of auditors
(1) The auditor of every 1[housing finance institution which is a company] shall enquire whether or not the housing finance institution has furnished to 2[the National Housing Bank and the Reserve Bank] such statements, information or particulars relating to or connected with deposits received by it, as are required to be furnished under this Chapter, and the auditor shall, except where he is satisfied on such enquiry that the 3[housing finance institution which is a company] has furnished such statements, information or particulars, make a report to [the National Housing Bank and the Reserve Bank] giving the aggregate amount of such deposits held by the 1[housing finance institution which is a company].
3[(1A) The 4[Reserve Bank] may, on being satisfied that it is necessary so to do, in the public interest or in the interest of the depositors or for the purpose of proper assessment of the books of account, issue directions to any housing finance institution or any group of housing finance institutions or housing finance companies generally or to the auditors of such housing finance institution or institutions relating to balance-sheet, profit and loss account, disclosure of liabilities in the books of account or any matter relating thereto.]
(2) Where, in the case of a housing finance institution, being a company, the auditor has made, or intends to make a report to 5[the National Housing Bank and the Reserve Bank] under sub-section (1), he shall include in his report under 6[sub-section (2) of section 143 of the Companies Act, 2013 (18 of 2013)], the contents of the report which he has made, or intends to make, to 5[the National Housing Bank and the Reserve Bank].
7[(3) Where the National Housing Bank is of the opinion that it is necessary so to do in the public interest or in the interest of the housing finance institution or in the interest of the depositors of such institution, 8[it may at any time and shall, on being directed to do so by the Reserve Bank,] by order, direct that a special audit of the accounts of the housing finance institution in relation to any such transaction or class of transactions or for such period or periods, as may be specified in the order, shall be conducted and the National Housing Bank may appoint an auditor or auditors to conduct such special audit and direct the auditor or the auditors to submit the report to it.
(4) The remuneration of the auditors as may be fixed by the National Housing Bank, having regard to the nature and volume of work involved in the audit and the expenses of or incidental to the audit, shall be borne by the housing finance institution so audited.]
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1. Subs. by s. 161, ibid., for “housing finance institution” (w.e.f. 09-08-2019).
2. Subs. by s. 161, ibid., for “the National Housing Bank” (w.e.f. 09-08-2019).
3. Ins. by Act 15 of 2000, s. 16 (w.e.f. 12-6-2000).
4. Subs. by Act 23 of 2019, s. 161, for “National Housing Bank” (w.e.f. 09-08-2019).
5. Subs. by s. 161, ibid.,for “the National Housing Bank” (w.e.f. 09-08-2019).
6. Subs. by Act 13 of 2018, s. 170, for “sub-section (2) of section 227 of the Companies Act, 1956 (1 of 1956)” (w.e.f. 1-6-2018).
7. Ins. by Act 15 of 2000, s. 16 (w.e.f. 12-6-2000).
8. Subs. by Act 23 of 2019, s. 161, for “it may at any time” (w.e.f. 09-08-2019).
- 28 Definition of deposit
- 29 Chapter not to apply in certain cases
- 29A Requirement of registration and net owned fund
- 29B Maintenance of percentage of assets
- 29C Reserve fund
- 30 Reserve Bank to regulate or prohibit issue of prospectus or advertisement soliciting deposits of mone
- 30A Power of Reserve Bank to determine policy and issue directions
- 31 Power of National Housing Bank to collect information from housing finance institutions as to deposits
- 32 Duty of housing finance institutions to furnish statements, etc., under this Chapte
- 33 Powers and duties of auditors
- 33A Power of Reserve Bank to prohibit acceptance of deposit and alienation of assets
- 33B Power of National Housing Bank to file winding up petition
- 34 Inspection
- 35 Deposits not to be solicited by unauthorised persons
- 35A Disclosure of information
- 35B Power of Reserve Bank to exempt housing finance institutio
- 36 Chapter V to override other laws
- 36A Power to order repayment of deposit
- 36B Nomination by depositors