Briefly explain FIVE duties and FIVE rights of an auditor under Section 136 of the Companies Act, 1963 (Act 179).

Duties of an Auditor:

  1. Reporting to shareholders: The auditor must prepare a report on the financial statements to be presented at the company’s Annual General Meeting.
  2. Ensuring consistency in reports: The auditor ensures that the information in the directors’ report aligns with the financial statements.
  3. Ensuring proper accounting records: The auditor verifies that proper books of account have been maintained and that adequate returns have been received from branches not visited.
  4. Reporting on directors’ remuneration: The auditor is required to report on directors’ remuneration and other officers of the company.
  5. Making a statement upon removal: When removed from office, the auditor has a duty to make a statement regarding the circumstances of their removal.

Rights of an Auditor:

  1. Right of access to books and records: The auditor has the right to access the company’s books, documents, and vouchers at all times.
  2. Right to request information: The auditor can demand any necessary information and explanations from the company’s directors and officers.
  3. Right to attend meetings: The auditor has the right to receive notices of, attend, and speak at any general meetings concerning their report.
  4. Right to apply to the court for directions: The auditor can apply to the court for directions concerning any issues that arise during the performance of their functions.
  5. Right to ensure due process in removal: The auditor has the right to ensure that proper procedures are followed before they are removed from office.