Section 10 of The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006
Protection of action taken in good faith.
- (1)No suit, prosecution or other legal proceeding shall lie against any officer or other employee of the Central Government or the State Government for anything which is in good faith done or intended to be done by or under this Act.
- (2)No suit or other legal proceeding shall lie against the Central Government or the State Government or any of its officers or other employees for any damage caused or likely to be caused by anything which is in good faith done or intended to be done under this Act.
- (3)No suit or other legal proceeding shall lie against any authority as referred to in Chapter IV including its Chairperson, members, member-secretary, officers and other employees for anything which is in good faith done or intended to be done under this Act.
Summary
- No lawsuit, criminal case, or other legal proceeding can be filed against any officer or employee of the Central or State Government for actions done in good faith under the Scheduled Tribes and Forest Dwellers Act.
- This legal protection extends to any action that was intended to be done in good faith under the 2006 Act.
- The Central and State Governments, along with their employees, are completely protected from legal cases concerning any damage caused by actions done in good faith.
- This absolute immunity from lawsuits also applies to any authority set up under Chapter IV of this forest rights law, including its Chairperson, members, and officers.
Practical examples
FAQ
1. Who is protected from lawsuits under Section 10 of the Scheduled Tribes and Forest Dwellers Act?
Under Section 10 of the Scheduled Tribes and Forest Dwellers Act, protection is given to Central and State Government officers and employees, both governments themselves, and all Chapter IV authorities including their Chairpersons and members.
2. Does Section 10 of the Forest Rights Act of 2006 protect officers if their action causes damage?
Yes, under Section 10 of the Forest Rights Act of 2006, no legal proceeding can lie against the government or its officers for any damage caused by actions done or intended to be done in good faith.
3. What does in good faith mean in Section 10 of the 2006 Act?
In Section 10 of the 2006 Act, in good faith means actions taken with honest intentions and proper care to carry out the provisions of the Act, which are shielded from legal prosecution.
Test yourself
1.Under Section 10 of The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, what protection is granted to the Chairpersons and members of the committees constituted under Section 6 of the Act for actions done in good faith?
2.Under Section 10 of The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, what is the main requirement for government officers to be protected from legal proceedings?
3.Under Section 10 of The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, who among the following is NOT covered by the good faith protection clause?
4.Under Section 10 of The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, what is the status of claims regarding damage caused by actions taken in good faith?