(1) Save as otherwise expressly provided in this Act, every o*dw njade by a competent authority or nn appellate ofHcer under this chapter shall be final and shall not be called in question in any original suit, application or execution proceedings.
(2) No Civil Court shall have jurisdiction to entertain any suit or proceeding in respect of any matter of which the cognizance can be taken of and disposed of bv any authority, empowered by this Act or the rules made thereunder.
COMMENTARY JURISDICTION Jurisdiction - Allottee became absolute owner • Local authority under the Housing Board Act still has power to regulate the violations by allottee - Svresh Kumar v. Municipal Corporation, Faridabad, 2006(2) HRR 106 D.B.
Adjudication - Debt Settlement Officer to adjudicate upon the qucstjon whether a loan is a deb! or a person is a debtor - In absence of any such decision Civil Court can go into the matter after giving proper opportunity to the parties • If the Civil Court comes to the conclusion that the matter is covered by the provi sions of the Act • It must stay its hands - Bhola Singh v. Lachhman Doss 1980 PLJ 232 (DB)= 1980 RLR 546 Consent -An order without jurisdiction is non-est - Consent does not make the order legal and cannot iuvest the Court with jurisdiction - Saraswati D&vl v.
Sanl Rum and otters, 1983 PL J 249. , Interpretation - Is well accepted principle of interpretation or statutes that tho soope of the provisions of an Act would firstly hnvc to he determined per force of the language used or employed by the legislature in the legislation - The objects and reasons would be considered when the language of the Act is capable of two interpretations - Natural meaning of the language should be adhered to Vijay Kumar Bhambari v. Ram Nath Bnjaj 1990 H.R.IL 151.
—Unless there is anything repugnant in the subject or context - In view of this qualification, the court has not only to took at Hits words but also to examine the context and collocation hi the light of the object of the Act and the purpose for which a particular provision was : lade by the legislature - Smt. Pushpa Devi and others, v. Mttkhi Ram I990 H.R.R. 123 (S.C.)
The Central Government is empowered to extend to the Union territory not only the original enactment of the State Legislature but also the averments thereto made by the State Legislature - Ramenh Uriah etc. u Union of India and others - 1989 HRR 398 (S.C.) - 1988 HRR 433 (FB) upheld.
Lack of jurisdiction - Question ofj urisdiction can be raised first time even at the times ofsecond appeal Where the original Court is lacking the jurisdiction - It can be raised even at the time of execution when the decree is a n,ullity - Ajtt Mohinder Singh v. Smt. Bhuni and others. AIR 1987 (P & H) 167 1986 Rwent LHWS 48. ' «. . . . n- t Merger - The order of the Add!. Director C/H was affirmed by the Single Judge of the High Court and the same was maintained in L.P.A dismissing the Civil Writ Petition - Civil court cannot proceed into the matter on the doctrine of merger - Darshan Singh v. Sub Judxe lit. Class, ffoshiarpur - 1988 H.R.R.
483.
' —Where the possibility of settlement, was more in the High Court than any elsewhere it was held that the High Court Was proper Forum to dispose of the case - Order of the High Court remitting the case to tho tiial.Court was set aside by the Supreme Court - Abbey Singh Surana v. The Indian Rayon and Indus trial Ltd.- 1988 H.R.R 506.
518 Haryana Housing Board Act, 1971 (as extended to Chandigarh) Non s*t order - A person who was not a party to an order passed by a Tribunal against him can fi le a suit for dteultinitiun to the effect that the Order is not binding upon him, and non est so for as he is concerned - Such person is not entitled to get such order declared void but can seek declaration that the order qua him is inetteotive - State of Haryana v. Vinod Kumar and others, AIR 1986 (P &. H) 407 RB. - 1986 Rev. L.R. 331.
Pleadings - It is an established principle of law that for determining the jurisdiction of the court, pleas oTth« plaintiff in the plaint arc to be taken into consideration - Chief Secretary of Punjab v, Chawaii, 1980 PLJ 10, —Question of jurisdiction can be decided by taking into consideration pleas in the plaint of the plaintiff- Karnalt SlngJi v. Jaggar Singh, AIR 1984 (P & H) 294 - 1034 (2) LLR 143 - See also 1PS7 HRR 530.
—Question of jurisHic-.tinn ran be determined from the ease pleaded in the plaint - Chandu La! v. S.K. Chhiber 1983 PLJ 559, Preliminary issue - An issue does not cease to be an issue of law by the mere fact that it contains some conditions of purchase order based upon some facts - The issue should be treated as a preliminary issue as an issue of law - M/ S. United Vanaspati Lid. v. M/$. Shfi Vardhman SalvaX Private Ltd. - 1988 H.R.R. 641.
Concurrent jurisdiction - An Application for appointing an arbitrator was pending in one Court while another Court in the same matter proceeded to extend tht? time fur the appointment of any arbitrator, it was held that the second COUtt has no jurisdiction to proceed in the matter - Ncfiru Ram Gael Engineers v.
Haryana State. 1989 H.R.R. 218.
CHAPTER VU Finance, Accounts and Audit
56. Hoard's Fund, - (1) The Board shall have a fund culled the Housing Board Fund.
(2) The Board may accept grants, subventions, donation and gifts from the Central Government or' [ ] a local authority or any individual or body, whether incorporated or not, for all or any of the purposes of this Act.
(3) All moneys received by or on behalf of the Board by virtue of this Act, all proceeds of land or any other kind of property sold by the Board, at! rents and all interest, profit and other money accruing to the. Board, shall constitute the Housing Board Fund.
(4) Except as otherwise directed by the '(Administrator], all money and receipts specified in the foregoing provisions and forming part of the fund of the Board shall be deposited in the State Bank of India or in any Scheduled Bank ora Co-operative Bank or invested in such securities as may be approved by the *i Administrator].
(5) Such accounts shall be operated upon by such officer as may be authorised by the Board.
Explanation. - For the purposes of this section, a Scheduled Bank shall moan a Bunk included in the Second Schedule to the Reserve Bank uf India Aet,
1934.
• Substituted by Chi. Admit. Gaz. Notification dated 13-3-1975 at page 34-35
1. Omitted vide Chandigarh Administration Gaz. Notification dated 13-3-1975 at page 34-35 Haryana Housing Board Act, 1971 (as extended to Chandigarh) 519 t
57. Application of the Housing Board Fund - All property, the Housing Board Fund, and all otherassets vesling in the Board shall be held and applied by it, subject to the provisions and for the purposes or th is Act.
58. Expenditure in ease of urgency, etc - (1) Where in the opinion of the Board circumstances of extreme urgeuey have arisen, it shall bo lawtul tortne Doard to moko for the purpose of this Act in any year an expenditure of such amount as may be prescribed, notwithsUmd jug the fact that such expenditure nan not been inoluded in its annual programme or supplementary programme sanc tioned by the '[Administrator] or the variation of the programme made under section 28. _ CI) Where any sum is expended under circumstances of extreme urgency as provided in uub section (I), a report thereof indicating the source from which it is proposed to meet the expenditure shall be nmde by the Board as soon as prac ticable to the'[Administrator]. . , , , . . . . . . , „ + „ !
(3) The Board may, within the budget sanctioned by the [Administrator], approve appropriation not exceeding such ;i mount as may be prescribed frorn one head to another and from one miuui head to another under the smnu major head and submit a Gtatemuiit of such ^appropriation to the, "[Administrator].
59. Subventions and loam to Board- (I) The '[Administrator] may from time to time make subventions to the Board for the purposes of this Act on such terms and conditions as the '[Administrator] may determine.
(2) The TAdminislratui ] may from time to time advance loans to the Board on such terms and conditions not inconsistent with the provisions Of this Act as the '[Administrator] may determine.
60. Power ofBourd to borrow* - (\) The Board may from time to time, with the previous sanction of the '[Administrator] and subject to the provisions of this Act and to such conditions as may be prescribed in this behalf borrow any sum required for the purposes of this Act.
(2) The rules made by the '[Administrator] for the purposes of this section may empower the Board to borrow by the issue of debentures and to make ar rangements with bankers,
(3) All debentures issued hy the Board shall be in such torm as the Board, with the sanction of '[Administrator], may from time to time, determine.
(4) Bvery debenture shall be signed by the '[Chief Executive Officer] 2 [—
(5) Loans borrowed and debentures issued under this section may be guar anteed by the " [ C l i I l t r a ' Governmeull as to the repayment of principal and the payment of interest at such rate as may be Fixed by the "[Central Government].
61. Accounts and Audit - (1) The Board shall cause to be maintained proper books of accounts and such other books as the rules made under this Act may require and shall prepare in accordance with such rules as annual statement of accounts. , J . J „ •
(2) The Bornd shall cause iuj accounts to be audited annually by such persons as the '[Administrator] may direct.^ ^Substituted by Chd. Admr. flax.Notification dated 13-3-l°75 Bt peR* 34-J5 1 Substituted by Ifr. AetNo. 27 of I9S0 as extended to Chandigarh 2 Omitted vide Chamflgarh Administration Oat Notification doted 3 3-3-I97S at page 34-35 520 Haryana Housing Board Act, 1971 (as extended to Chandigarh)
(3) As soon as the accounts of the Board have been audited, the Board shall send a copy thereof together with a copy of the report of the auditor thereto to the * [Administrator]; and shall cause the accounts to be published in the prescribed manner and place oopies thereof on sale at a reasonable price.
(4) The Board shall comply with such directions as the '[Administrator] may after perusal of the report of the auditor, think fit to issue.
62. Concurrent and special audit of accounts, - (1) Notwithstanding anything contained in section 61, the "[Administrator] may order that there shall be concurrent audit of the accounts of the Board by such person as it thinks fit.
The "[Administrator] may also direct a special audit to be made by such person as it thinks fit of the accounts of the Board relating to any particular transaction or a class or series of transactions or to a particular period.
(2) Where an order is made under sub-section (1), the Board shall present or cause to be presented for audit such accounts and shall furnish to the person appointed under sub-section CO. such information as he may require for the pur pose of audit.
63. Transfer of assets and liabilities* - (1) The "[Administrator] may transfer to the Board building, land or any other property, movable or immovable, for use and management by the Board on such conditions and limitations as the '[Administrator] may deem fit, for the purposes of this Act.
(2) The '[Administrator] may transfer to the Board such schemes or works in progress, with all their assets and liabilities as arc run or managed by the "[Ad ministrator], subject to such conditions and limitations as the '[Administrator] may deem fit to impose for the purposes of this Act.
C H A P T E R V m Miscel laneous
64. Report - The Board shall, before such date and in such form and at such intervals as may be prescribed, submit to the '[Administrator] a report on such matters as may be prescribed, and the '[Administrator] shall cause such report to be published in the '[Chandigarh Gazette].