16

CHAPTER 16

REGULARITY AND PROPRIETY AUDIT

(A) AUDIT AGAINST REGULARITY
16.1 Audit against regularity consists in verifying that the expenditure conforms to the relevant provisions of the Constitution and of the Laws and Rules made there under and is also in accordance with the financial rules, regulations and orders issued by a competent authority either in pursuance of any provisions of the  Constitution or of the Laws and Rules made there under or by virtue of powers formally delegated to it by a higher authority. In regard to directions which are of a financial or quasi-financial character issued by the President to a State, the Comptroller and Auditor General has a right to watch in audit their due compliance and bring to notice any cases in which he considers that they have been infringed.
16.2 The financial rules, regulations and orders against which audit is conducted mainly fall under the following categories:
(1) rules and orders regulating the powers to sanction and incur expenditure from the Consolidated Fund of India or of a State or of Union Territory with Legislature and the Contingency Fund of India or of a State or of a Union Territory with Legislature,
(2) rules and orders dealing with the mode of presentation of claims against Government, withdrawal of moneys from the Consolidated Funds, Contingency Funds of Government of India/State or Union Territory with Legislature and Public Accounts of the Government of India and of the States and in General the financial rules prescribing the detailed procedure to be followed by Government servants in dealing with Government transactions; and
(3) rules and orders regulating the pay and allowances, pensions and other conditions of service of Government servants.
16.3 The work of Audit in relation to regularity of expenditure is of a quasi-judicial character. It involves interpretation of the Constitution, Statutes, rules and orders with reference to the case law of previous decisions and precedents. The Comptroller and Auditor General has not, however, save in the case of rules made by himself, the final power of interpretation; this resides in the authority specified in the Constitution or the Authority which is the author of the rule or order so long as the interpretation is not against the orders of a superior authority or contrary to any established financial principle or rule.

Scrutiny of Rules and Orders

16.4 In relation to audit of expenditure against regularity, it is the duty of Audit to examine all financial rules and orders affecting expenditure and other transactions subjected to audit, issued by the Executive authorities to see that the audit of transactions which they govern, may be effectively conducted against them.
16.5 In the scrutiny of these rules and orders it should be seen in Audit that:
(1) they are not inconsistent with any provisions of the Constitution or of the laws made there under;
(2) they are consistent with the essential requirements of audit and accounts as determined by the Comptroller and Auditor General;
(3) they do not conflict with the orders of or rules made by, any higher authority; and
(4) in case in which they have not been separately approved by a competent authority, the issuing authority possesses the necessary rule making power.
16.6 In applying the second check prescribed in the preceding paragraph, the principle to be observed is that the discretion vested in authorities empowered to make rules is not to be fattered unnecessarily merely because difficulties may arise in the application of the necessary audit checks or in the maintenance of proper accounts. If the audit and accounts procedure can be amended without loss of efficiency or extra expense, the rule should be accepted and the procedure amended accordingly.
16.7 In applying the third check, the guiding principles enunciated in clauses (i), (ii) and (iii) of paragraph 20.8 should be observed. Further, if there is reason to think that undue advantage is taken of the provisions of any orders under which the rule is issued, audit may bring the case to the notice of the proper superior authority.
16.8 All orders of delegation of financial authority are scrutinized carefully, as once they have been accepted, audit of sanctions as well as of expenditure or other transactions may be conducted against them for any indefinite length of time.
16.9 Wherever it is felt that an order of delegation is likely to impair seriously the efficiency of financial control, the Finance Ministry or Department of the Government is addressed to review the order.
16.10 Scrutiny by Audit of Rules and orders under the provisions of para 16.4 above will not require the department to undertake a formal scrutiny of and thereby to make themselves responsible for the accuracy of Departmental Manuals when these, so far as financial accounting and audit matters are concerned, merely reproduce extracts from substantive codes, regulations, rules etc. When such manuals introduce any new detailed financial accounting or audit procedure, the Accountant General/Director of Audit concerned may advise whether the rules are intravires of the authority issuing the manual and in accordance with correct principles, but such advice is given in respect of specific individual rules and not on the manuals as a whole.
16.11 All general rules and orders of a financial character (including those relating a conditions of service) issued by the President are scrutinized by the Comptroller and Auditor General. Other rules and orders of a financial character issued by the President (which are not of a general nature but are applicable exclusively to specified Departments), and all rules and orders of a financial character issued by authorities subordinate to the President are scrutinized by the Accountant General/Director of Audit concerned.
16.12 All rules and standing orders of a financial character issued by State Government or by authorities subordinate to State Government are scrutinized finally by the Accountant General of the State concerned.
സംസ്ഥാന സർക്കാർ അല്ലെങ്കിൽ സംസ്ഥാന സർക്കാരിനു കീഴിലുള്ള അധികാരികൾ പുറപ്പെടുവിച്ച സാമ്പത്തിക സ്വഭാവത്തിന്റെ എല്ലാ നിയമങ്ങളും സ്റ്റാൻഡിംഗ് ഓർഡറുകളും ഒടുവിൽ ബന്ധപ്പെട്ട സംസ്ഥാന അക്കൗണ്ടന്റ് ജനറൽ പരിശോധിക്കുന്നു.

Interpretation of the Constitution, Statutes, Rules and Orders

16.13 As stated in paragraph 16.3, the Comptroller and Auditor General does not possess the final power of interpretation of the Constitution, the Statutes and of the Rules made and orders issued by the Executive Government. Interpretation by Audit should be based on the plain meaning of the Article of the Constitution, Section of the Statutes, rule or order except where this is inconsistent with another Article, Section, rule or order. In a case the inconsistency should be referred to the competent authority for resolution. In no case must interpretation by Audit ever verge on legislation. It is, however, the duty of Audit to bring to the notice of the competent authority any expenditure which does not seem to be covered by the terms of the Article, Section, rule or order quoted as justifying it, and which has been incurred by placing upon the Article, Section, rule or order an interpretation which may seem to it not to be a natural, plain, or reasonable interpretation. In the case of regulations framed by a department of Government, audit will accept what the department considers to be the correct interpretation of its own regulation, provided that such interpretation is not opposed to the ruling of any superior authority, or contrary to any established financial principle or rule. Such discretionary power of interpretation dose not, however, give a department a free hand to interpret its rules to suit particular cases in other than a natural or reasonable manner. So long as a rule or regulation remains unamended the department is bound by it. Rules should be carefully adhered to and where in practice it is found that some dissertation is necessary in the application of a rule, such discretion should be provided for in term with respect to that rule.
16.14 In the application of rules to concrete cases an Audit Officer may find that
(1) the application of the rule both in letter and spirit is clear; if there are special reasons which in any case render the decision inequitable it is for the administrative authorities and not for the Audit Officer to move in the matter.
(2) even  though he is confident as to the correct interpretation of the rules, he may think that the wording might be improved: In that event he should give his decision and should suggest a revision to remove the apparent discrepancy between the spirit and the letter of rule, or between two conflicting rules.
(3) There is a real difficulty in interpretation and that he cannot decide how to apply the rules to that case. In that event he should refer the matter to the competent authority for a decision.
16.15 The intention of a rule made by Government can be ascertained authoritatively only by reference to the discussions leading up to the framing of the rule, that is, to the files of Government. Such files may be obtained by Audit Officers, but if they cannot be made available the intention of the rule must be ascertained as nearly as possible from the records of the Audit Office in which this or similar rules have been discussed.
16.16 The following two points should be kept in mind in interpreting orders-
 (a) the orders of a sanctioning authority must generally be interpreted in terms of the communication in which the application for sanction was made; and
(b) the word ‘etc.’ in an order covers only similar cases of a like nature and not an instance where there is a difference.


                (B) AUDIT AGAINST PROPRIETY

16.17 It is an essential and inherent function of Audit to bring to light not only cases of clear irregularity but also every matter in which in its judgment appears to involve improper expenditure or waste of public money or stores even though the accounts themselves may be in order and no obvious irregularity has occurred. Such audit, often called ‘Propriety Audit’. extends beyond the formality of the expenditure to its wisdom, faithfulness and economy (Hallam). It is thus not sufficient authority have been observed. It is of equal importance to see that the broad principles of orthodox finance are borne in mind not only by disbursing officers but also by sanctioning authorities.

വ്യക്തമായ ക്രമക്കേട് സംബന്ധിച്ച കേസുകൾ മാത്രമല്ല, വിധിന്യായത്തിൽ അനുചിതമായ ചിലവുകളോ പൊതുജനങ്ങളുടെയോ സ്റ്റോറുകളുടെയോ പാഴാക്കൽ ഉൾപ്പെടുന്നതായി കാണപ്പെടുന്ന ഓഡിറ്റിന്റെ അനിവാര്യവും അന്തർലീനവുമായ ഒരു പ്രവർത്തനമാണ് അക്കൗണ്ടുകൾ ക്രമത്തിലാണെങ്കിലും വ്യക്തമായ ക്രമക്കേടുകളൊന്നും സംഭവിച്ചിട്ടില്ല. അത്തരം ഓഡിറ്റ്, പലപ്പോഴും ‘പ്രൊപ്രൈറ്റി ഓഡിറ്റ്’ എന്ന് വിളിക്കപ്പെടുന്നു. ചെലവിന്റെ ഔപചാരികതയ്ക്കപ്പുറം  അതിന്റെ ജ്ഞാനം, വിശ്വസ്തത, സമ്പദ്‌വ്യവസ്ഥ (ഹല്ലം) എന്നിവയിലേക്ക് വ്യാപിക്കുന്നു. അതിനാൽ മതിയായ അധികാരം നിരീക്ഷിക്കപ്പെട്ടിട്ടില്ല. ഓർത്തഡോക്സ് ഫിനാൻസിന്റെ വിശാലമായ തത്ത്വങ്ങൾ ഉദ്യോഗസ്ഥരെ വിതരണം ചെയ്യുന്നതിലൂടെ മാത്രമല്ല, അധികാരികൾക്ക് അനുമതി നൽകുന്നതിലൂടെയും മനസ്സിൽ ഉൾക്കൊള്ളുന്നുവെന്ന് കാണുന്നതിന് തുല്യ പ്രാധാന്യമുണ്ട്.
16.18 No precise rules can, however, be laid down for regulating the course of audit against propriety. Its object is to support a reasonably high standard of public financial morality, of sound financial administration and of devotion to the financial interests of Government. Audit Officers in the performance of their duties should in any case apply the following general principles which have for long been recognized as

(a) The expenditure should not be prima facie more than the occasion demands. Every public officer is expected to exercise the same vigilance in respect of expenditure incurred from public moneys as a person or ordinary prudence would exercise in respect of expenditure of his own money.
(b) No authority should exercise its power of sanctioning expenditure to pass an order which will be directly or indirectly to its own advantage.
(c) Public moneys should not be utilized for the benefit of a particular person or section of the community unless:
(i) the amount of expenditure involved is insignificant; or
(ii) a claim for the amount could be enforced in a court of law; or
(iii) the expenditure is in pursuance of a recognized policy or custom.

16.19 While conducting Propriety Audit, audit will not only see whether there is proper authority for expenditure, but will also investigate the necessary for  it. It will ask whether individual items were in furtherance of the scheme for which the budget provided; whether the same results could have been obtained otherwise with greater economy, whether the rate and scale of expenditure were justified in the circumstances.