Section 30 of Establishment and Constitution of Authority — Protection of action taken in good faith

Bare section text

Official Legislative Text

30. No suit, prosecution or other legal proceeding shall lie against the Authority or any member, officer or employee of the Authority or any person for anything which is in good faith done or intended to be done in pursuance of the provisions of this Act or any rule or regulation made thereunder.

Educational Study Layer

Summary

This section provides complete legal immunity from lawsuits, prosecutions, and other legal proceedings for actions performed in good faith.
Protection covers the Authority as a corporate body, its individual members, officers, and employees.
Legal protection also extends to any external person acting lawfully under the direction of the Act.
The immunity shields both completed actions and acts intended to be done in good faith.
To receive protection, the action must be done or intended in pursuance of the provisions of this Act or any rule or regulation made under it.

Practical examples

1An authorized inspection officer of the Authority halts unapproved excavation work at a building site inside the buffer zone on 18 August, believing in good faith that the construction violates Section 14 of the Act. The site owner loses two days of labour costs and files a criminal trespass complaint and a civil damages suit against the officer personally. Under Section 30, the court dismisses the suit because the officer acted in good faith in pursuance of the Act's enforcement powers.

2A private demolition contractor engaged by the Authority pulls down an illegal concrete shed erected contrary to heritage development schemes. The aggrieved shed owner attempts to file a civil lawsuit for property loss against both the Authority and the private contractor. Under Section 30, no suit lies against either the Authority or the hired contractor because the demolition was executed in good faith under the lawful directions and provisions of the Act.

FAQ

1. Who is protected from legal proceedings under Section 30?

Under Section 30 of the Act, protection extends to the Authority, its members, officers, employees, and any person acting in good faith under the Act, rules, or regulations.

2. What kinds of legal actions are barred under Section 30?

Under Section 30 of the Act, no suit, prosecution, or other legal proceeding can lie for actions taken or intended in good faith.

3. Does Section 30 protect an officer who acts with malicious intent or bad faith?

No, under Section 30 of the Act, immunity strictly requires that the action was done or intended to be done in good faith in pursuance of the Act or its rules and regulations.

4. Are external workers or contractors hired by the Authority protected under Section 30?

Yes, under Section 30 of the Act, the protection covers any person who acts in good faith in pursuance of the Act, rules, or regulations.

Practice Quiz

Q1.An officer of the Authority honestly enters private premises during daylight after giving notice to inspect an unpermitted sewer line under Section 15, accidentally damaging a decorative flowerbed. The owner sues the officer for civil damages. What is the outcome under Section 30 of this Act?

Q2.Under Section 30 of this Act, which of the following parties is explicitly shielded from suits, prosecutions, and other legal proceedings for good faith acts?

Q3.A disgruntled shopkeeper files a private criminal complaint alleging criminal harassment against an employee of the Authority who served an enforcement notice under the Act. What must be shown to dismiss the complaint under Section 30 of this Act?

Q4.If an employee of the Authority is proven to have deliberately and corruptly demolished a compliant boundary wall out of personal spite, can the employee claim protection under Section 30 of this Act?

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