Central

Section 36 of The Indira Gandhi National Open University Act, 1985

Protection of action taken in good faith.

No suit or other legal proceedings shall lie against any officer or employee of the University for anything which is in good faith done or intended to be done in pursuance of any of the provisions of this Act or the Statutes or the Ordinances.

Summary

This section provides legal protection to University staff and officials.
No lawsuit or legal proceeding can be brought against any officer or employee for their official actions.
This protection only applies if the action was done in "good faith," meaning with honest intent.
It also covers things that were "intended to be done" in good faith.
The action must have been taken while following the rules of the Act, the Statutes, or the Ordinances.
This allows officials to perform their duties without the constant fear of being personally sued for mistakes made while trying to follow the law.

Practical examples

1In 2026, the Registrar, Mr. Singh, denies an applicant admission because their documents appear forged. The applicant sues Mr. Singh personally for damages. Since Mr. Singh was honestly following the University admission rules (acting in "good faith"), the court protects him under this section.

2An employee, Maria, is tasked with disposing of old office furniture in 2027 following the University's Ordinances. A local vendor sues her, claiming she didn't give them a fair chance. If Maria can show she acted honestly to fulfill her duties, she is protected from the lawsuit.

FAQ

1. Does this mean University employees can never be sued?

No. They are only protected if they acted in "good faith" and were following the Act, Statutes, or Ordinances. It does not protect them if they act maliciously, dishonestly, or outside of their legal authority.

2. Who is covered by this protection?

"Any officer or employee of the University" is covered.

3. What does "good faith" mean?

In simple terms, it means the person acted honestly and truly intended to do the right thing according to the rules, without trying to cheat or harm anyone.

Test yourself

Q1.Under Section 36 of The Indira Gandhi National Open University Act, 1985, what is the primary requirement for an officer to be protected from a lawsuit?

Q2.According to Section 36 of The Indira Gandhi National Open University Act, 1985, the action must be taken in pursuance of which of the following?

Q3.Under Section 36 of The Indira Gandhi National Open University Act, 1985, which group of people receives protection?

Q4.Does Section 36 of The Indira Gandhi National Open University Act, 1985 protect an employee who intentionally breaks the law to help a friend?

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