Section 77: Budget, accounts and audit

Real Estate (Regulation and Development) Act, 2016 • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2016

Legal Commentary & Landmark Judgments: Section 77

Section 77 mandates strict financial accountability, bookkeeping, and annual auditing of the Regulatory Authority by the Comptroller and Auditor-General of India (CAG).

  • Mandatory Bookkeeping: Authority must maintain proper accounts and other relevant records and prepare an annual statement of accounts in prescribed form.
  • CAG Annual Audit: Accounts of the Authority are audited annually by the Comptroller and Auditor-General of India (CAG).
  • Right of Inspection: CAG has all rights and privileges of auditing government accounts, including demanding production of vouchers, contracts, and ledgers.
  • Audit Report Submission: Certified accounts together with the audit report are forwarded annually to the Appropriate Government for legislative scrutiny.
Key Landmark Precedents:
  • Association of Unified Telecommunications Service Providers of India v. Union of India, (2014) 6 SCC 110: The Supreme Court held that CAG audit oversight is a vital constitutional guarantee ensuring public funds and statutory fees are transparently accounted for.
  • Centre for Public Interest Litigation v. Union of India, (2012) 3 SCC 1: Reaffirmed that independent audit mechanisms safeguard statutory regulators from financial irregularities.
Courtroom Practice & Strategic Litigation Guidance:

CAG audit reports on state RERAs often expose systemic delays in revenue recovery certificate (RRC) enforcement, providing valuable statistical evidence for High Court mandamus petitions.