The Doard shall triennially have a valuation of its assets and liabilities made by a valuer ap pointed with the approval of the '[Administrator]:
Provided that it shall be open to the '[Administrator] to direct evaluation to be made at any time it may consider necessary.
1 [68-A Delegation. - The Board may, by resolution, authorise that any power exercisable by it under this Act or the rules or regulations made thereunder, ex cept the power to make regulations, may also be exercised by the Chief Executive Officer].
69. Member Officers and servants of Board to be public servants, - All members, officers and servants of the Board shall be deemed, when acting or purporting to act in pursuance of any of the provisions of this Act, to be public servants within the meaning of section 21 of the Indian Penal Code.
70. Indemnity^ - No suit, prosecution or legal proceedings shall lie against any person for anything which is in good fatth done or purported to be done under this Act.
71. Power of Government to give direction to Board, - The '[Adminis trator] may give the Board ouch directions ns in its opinion are necessary orexps dient for carrying out the purposes of this Act, after giving an opportunity to the Board to state its objections, if any, to such directions and after considering the said objections and if shall be the duty of the Board to comply with such directions.
**** * Substituted by Chd. Admn. Oaz. Notification dated 13-3-1975 at page 34-35 -
1. Inserted by Hr, Act No. 27 of 1980 as extended to Chandigarh published on 2-4-ly91 522 Haryana Housing Board Act, 1971 (as extended to Chandigarh) 1T72. Control of Administrator over Board. - (1) The Administrator shall exercise superintendence and control over the Board and its officers andI ma*call for such information *s it may deem necessary and, m the ©vent of his being S t f t a d S» the Board is not functioning properly or .s abusing its powers or is S t y of corruption or mismanagement, he may, by notification, suspentheBoard.
Provided that the Board shall be reconstituted, within a period of one year from the date of its suspension in the? prescribed manner.
(£) When The Board is suspended under sub-section (1), the following con sequences shall ensue, namely :—• . , j-h-JnFT™ 00 all members of the Board and its committees, including the Chairman 4 of the Hoard, shall, from the date of the notification, vacate their (l/l all DOJSTS, duties and functions, which under the provisions of this Act or any regulation made thereunder, are to be exercised by the Board or any committee thereof or by the Chairman of the Board, or by any other officer of the Board, shall, during the period of suspension, be exercised and performed by such person (to be called the Special Officer) as may be appointed by the Administrator in this behalf:
Provided that the Special Officer may, subject to the approval of the Administrator, delegate any of hts powers, duties or functions to such other person as he may think fit; _
(c) all properties, includingthe Board Fund, vested in the Board shall, until it is, re-constituted, vest in the Central Government].
!r72-A Apnea/. - (I) Save as otherwise expressly provided in any other provision of this Act, an appeal shall lie from anoriginal or appellate order of any officer of the Board or the Chairman under this Act or any rule or regulation made iCicun cr — ^ C h a i n n a n w h e n t t t e o r d 0 f i s made hy any officer of the Board ;
(b) to the Board when the Order Is made by the Chairman.
(2) Every such appeal shall be preferred within a period of thirty days of the date of communication of the order:
Provided thnt the Chairman or the Board as the case may be, may entertain the appeal after the expiry of the period of thirty days if it is considered that the appellant was prevented by sufficient cause from Filing the appeal in time.]
™ COMMENTARY Alternative remedy - Civil writ - The new allottee of the house obtaining an interim order restraining theallotment authorities from cancelling his allotment - The original allottee of the house not filing any appeal under section 7Z-A against the re-alfotment of the house In the name uf the new allottee - Pica of the allottee to the effect that the petitioner (original allottee) was not entitled to file a writ DBtiliun as an alternative remedy was available to him, is not tenable - bummer Chand Bait v. The Housing Board Haryana, 1984 H.R.R. 9.
Alternative remedy - Writ petition - It is settled law that an appeal against an order of Housing Board residing cost of houses which is determined by the Board itself is not useful- It isonly when an order is passed by the Chairman in his capacity as Chairman that the appeal lies to the Board - Fit. Lt. A.h. Khoste* I.SiibsilULKdby Hr. AaNo . 20 of 1979 ad extended to Chandigarh published nn 2-4-1991 page 333
2. Fromou by Mr. Act No, 28 of 1976 osexlonded to Chandigarh published on 2.4.1991 pfiee335 Haryana Housing Board Act, 1971 (as extended to Chandigarh) 523 case (CWP No, 1S95 of 1984) followed - Pannanandv. The Chairman Mow ing Board Haryana, 1996 HRR 559.
—The petitioner, an Army Officer, made necessary deposits And was regis tered for the allotment ofhouse - Failed to deposit the amount within stipulated period as the letter of demand could not be received at his village address - Cir cumstances for delayed deposit fully explained - Non speaking and brief order nf cancellation on technical grounds cannot be sustained - Housing Board directed to allot the house to petitioner within 3 months - Existence of alternative remedy is no bar to seek the justice under Art. 226 of the Constitution - Jag Mohan Sharma v. Sinie of Haryana, L993 HRK 37S.
NATURAL JUSTICE —Allotment - The provisions of Regulation 6 (2) of Chandigarh Housing Board Regulation, 1979 undoubtedly authorise the Board to forfeit the depositor eancel the allotment in case the contents of the affidavit filed by the applicant are found to be false - However, it is an enabling provision - It is incumbent on the Board to examine the facts and circumstances ot each case before passing any such older - Suuh an order cannot be passed mechanically - Where the petitioner was not given proper opportunity to explain her position about the alleged false statement, the order of cancellation and forfeiture was held not to be justified - Smt, Ram Duluri v. Union Territory, Chandigarh, 1994 HRR 67 —Before a person is black listed by an Authority, he must be given a notice - Order without any uuliee is against law and cannot be sustained - Raphu Naih Thahtr v. State of Bihar, 1989 H.R.R. 46.
~ ^ T h , e r u , c o f o a t u r a i i " a t ' c e will apply unless application thereof is specifi cally ruled out by the Statute - State of Haryana V. Ram Kishan, AIR 1988 S.C.
—Audi alteram partem -The Order, wherein Principle of audi ultrem partem was not applied was held not maintainable - Order passed at the back of the affected person was set aside - Bachan Strtgh v, State of Punjab, 1988 PLJ
265.
—Principal of Nemo judex cause sua - (No one should be made a judge in his own oauae) - A man cannot sit in appeal against his own order - Gwcharan Stnghv, State of Punjab, 1988 PLJ 471 D.B, and SantJlam v. Stale ofHtmaehal Paradcsh, AIR 1989 IS II.P.
—Rule of natural justice will apply where exercise of power under the Stat ute would result m civil consequences to citizen - Rules to be followed unless excluded by Statute itself - Baidev Singh v. State of Punjab, 1987 PLJ 24U Opportunity - Allotment must be held illegal by the Authorities before cancelling tho plot allotted to lijm - Allotmentbad in Jaw Is no ground for denying the opportunity of hearing - Shri Gurdash Ram v. State of Punjab, 1980 PLJ 13 - Hearing to allottee is essential before cancellation of allotment - Sir Sinsh v Statt qf Punjab, 1982 PLJ 276, Jurisdiction - Order passed at the back of an interested party Is without jurisdiction tmd can be challenged in Civil Court - Tbjcnder Kaur v. M. Q. Tarn Tarn, 1983 PLJ 336, Notice - A notice is must by the authorities beforerecovering the arrears or loan as areare of land revenue - Authorities not to be the Judges In their own cause - Tirath Singh v. State of Punjab, 1982 PLJ 305.
Order-Officer on original side should ncvcrscck approval of his proposed orders from his superior, Appellate or revisional Officers - Tata Singh v, Mithu Singh and others - 1987 PLJ 116.
521 Haryana Housing Board Act, 1971 (as extended to Chandigarh) '[72-B. Revision. ^The Administrator may either suo mote- or on an appli cation of a party, oall for and examine the record of any proceedings or decision or oider passed by the Board, Chairman, Chief Executive Officer or Officer of the Board for the purpose of satisfying itself as to the legality or propriety of any decision or order paused and if in any case it shall appear to the Administrator that nny such decision orordei should be modified, annuled or revised, the Administra tor may, after giving the persons affected thereby an opportunity of being heard, pass such order thereon as it may deem fit.]