Section 45 of The Recycling of Ships Act, 2019 — Protection of action taken in good faith
Bare section text
Official Legislative Text
No suit, prosecution or other legal proceeding shall lie against the Central Government or the State Government or the National Authority or the Competent Authority or any officer authorised by the Central Government or the State Government or the National Authority or the Competent Authority for anything done in good faith or intended to be done in pursuance of the provisions of this Act.
Educational Study Layer
Summary
- This provision protects authorities and officers from legal action when performing duties under the Act.
- No suit, prosecution or other legal proceeding (meaning a civil lawsuit, a criminal case, or any other court action) can be started against protected entities for actions done in good faith.
- This legal protection also applies to any actions that were intended to be done in good faith under the provisions of the Act.
- The protected parties include the Central Government, State Governments, the National Authority, and the Competent Authority.
- Any officer authorised by the Central Government, State Governments, the National Authority, or the Competent Authority is also fully protected.
Practical examples
FAQ
1. What is the main purpose of Section 45?
It protects government bodies, authorities, and authorized officers from facing legal trouble, like lawsuits or criminal prosecution, for actions they take in good faith while enforcing the Act.
2. What does "good faith" mean in this context?
It means acting with honest intentions, fairness, and proper care, without any malice or intent to cause wrongful harm.
3. Who exactly is protected under this section?
The protected entities are the Central Government, State Governments, the National Authority, the Competent Authority, and any officer authorised by any of these bodies.
4. Can a facility owner sue an authorised officer for a mistake made during an inspection?
If the officer made the mistake honestly and acted in good faith while performing their duties, no lawsuit or legal proceeding can be filed against them.
Practice Quiz
Q1.Under Section 45 of The Recycling of Ships Act, 2019, who among the following is protected from a suit, prosecution, or other legal proceeding for actions done in good faith?
Q2.Under Section 45 of The Recycling of Ships Act, 2019, what is the legal consequence for an authorised officer who takes an action that is intended to be done in good faith under the Act?
Q3.Under Section 45 of The Recycling of Ships Act, 2019, which of the following is required for an officer to receive immunity from legal proceedings?
Q4.Under Section 45 of The Recycling of Ships Act, 2019, does the protection against legal proceedings apply if an officer acts honestly but their intended action is not fully successful?