LexHOUSING BOARD OF HARYANA versus HARYANA HOUSING BOARD EMPLOYEES UNION AND ORS.
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HOUSING BOARD OF HARYANA v. HARYANA HOUSING BOARD EMPLOYEES UNION AND ORS. OCTOBER 30, 1995 [KULDIP SINGH AND S. SAGHIR AHMAD, JJ.j Payment of Bonus Act, 1965-Section 32(iv}-Local authorif}-Mean- ing of-Whether Haryana Housing Board is a local authmity-Deep and per- vasive control of Government over the functioning of the Board-Members of A B the Board appointed by the Government-Held, the Board is not a Local C authority-General Clauses Act, 1897-Section 3(31). Words and Phrases-Local Authmity-Meaning of-Oiaracteristics of-Statutory body consisting of members appointed by the Government and under pervasive control of the Government-Whethe,.._A local authority. D Haryana Housing Board Act, 1971-Section 2(1}-Local Authority-- Deeming provisiol!-'lmplication of-Held, Haryana Housing Board is a local authority only for the purpose of the Land Acquisition Act and the Haryana Housing Board Act-Not a local Authority othe1wise--Land Acquisition Act, 1894. Interpretation of Statute-Ejusdem geneiis-Meaning of-Necessary requisites fo,.._aeneral words following the specific word-Specific words must fonn the same genus for applicability of 1ule of ejusdem generis cannot be applied to A1ticle 12 of Constitution of India-Words and Phrases. . The Haryana Housing Board was constituted under section 3 of the Haryana Housing Board Act, 1971. Its main object was to implement the housing programmes. It was a body corporate having perpetual succession E F and a common seal and had power to acquire, hold, administer and transfer property-movable or immovable, and to enter into contracts. The G members of the Board were appointed by the State Government and were to hold office for a period of three years from the date of their appoint- ment, The members were to hold office during the pleasure of the State Govern 1ment. The exercise of power by the Board was subject to the control of the State Government apart from the provisions of the Act. The H 533 534 SUPREME COURT REPORTS (1995] SUPP. 4 S.C.R. A expenditure incurred by the Board was also subject to the control of the State Government. The accounts of the Board were subject to audit by persons deputed by the Government and the Board was bound to comply with the directions of the State Government in respect of financial matters. The Board was duty bound to comply \\ilh the directions of the Govern- B ment although it had a right to state its objections to any such directions. Under section 72 of the Haryana Housing Board Act, the State Govern- ment was given power of superintendence and control over the Board and its olliccs. The Board had a fund called the Housing Board Fund which consisted of money received from sale of land and property, rents interest, profits, grants, donation and gifts under section 72A. The Government C could suo moto or on an application of a party, call for and examine any record of any proceedings, decisions and orders passed by the ollicers of the Board and could pass order as deemed fit by it modifying, anulling or revising the order of the officer of the Board. A question arose as to whether the Board was a "Local Authority" D within the meaning of section 32(iv) of the Payment of Bonus Act, 1965. E F Local authority has not been defined in Payment of Bonus Act, 1965 but in section 3(31) of the General Clauses Act, 1897 "Local authority" has been defined as meaning a Municipal Committee, district board, body of port· commissioners or other authority legally entitled to, or entrusted by the Government with, the control and management of a Municipal or local fund. The Haryana Housing Board Act, 1971 in section 2(j) also defines "Local authority" as meaning a municipality, Gram Panchayat, Zilla Parishad, an Improven.ent Trust. The word "Local authority is also men- tioned in Entry 5 list II of the Seventh Schedule of the Constitution of India. Under section 3(3) of the HaryJna Housing Board Act, the Board has been deemed to be a local authority for the purpose of the Haryana Housing Board Act and the Land Acquisition Act 1894. The Hig:h Court ·held that the Haryana Housing Board was not a "Local authority" for the purpose of payment of Bonus Act. 1965. Hence G the present appeal. Dismissing the appeal, this Court HELD : I.I. The Municipal Committees, the District Boards, Gram Panchayats and Panchayat Samities etc., represent the units of Local self H Government where people of a local area go
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