PQR Power Corporation is a Government Company incorporated on 01.12.2018. The Comptroller and Auditor General of India (CAG) has appointed the Auditors for the Company on 09.01.2019. Akshay, filed an RTI on 05.03.2019, t

Provisions relating to Auditor I. Appointment of First Auditor in a Government Company: As per Section 139(7) of the Companies Act, 2013, in the case of Government Company, the first auditor is required to be appointed by the Comptroller and Auditor General of India (C&AG) within 60 days from the date of registration of the Company. If C&AG fails to appoint such auditor within 60 days, then the Board of Directors of the company shall appoint such auditor within the next 30 days In case of failure of the Board to appoint such auditor, it shall inform the members of the company, who shall within 60 days at an extraordinary general meeting appoint such auditor and such auditor shall hold office till the conclusion of the first annual general meeting. Thus, PQR Power Corporation is a government company incorporated on 01.12.2018 and C&AG has appointed the Auditor on 09.1.2019 i.e. within 60 days from the date of incorporation of the corporation. Hence the contention of Mr. Akshay is invalid. II. Appointment for Subsequent Financial year: As per Section 139(5) of the Companies Act, 2013, the appointment of Auditor in a Government Company in every subsequent financial year shall be made by Comptroller & Auditor General of India within period of 180 days from the commencement of the financial year. The Auditor shall hold office till the conclusion of the Annual General Meeting.