Section 45 of The Airports Economic Regulatory Authority of India Act, 2008
No suit, prosecution or other legal proceedings shall lie against the Central Government or the Authority or any Member, officer or other employees thereof for anything which is in good faith done or intended to be done under this Act or the rules and regulations made thereunder.
Summary
- The Central Government, the Authority, and its Members, officers, and employees are legally protected from lawsuits and prosecutions.
- This protection only applies if their actions were done, or intended to be done, in good faith.
- The protection covers actions taken under the Act itself, as well as under any rules and regulations made under the Act.
Practical examples
FAQ
1. Can a Member of the Authority be sued personally for a decision they made?
Not if the decision was made in good faith under the Act, rules, or regulations. They are protected from such legal proceedings.
2. What does in good faith mean here?
It means the action was done honestly and with good intentions as part of their official duties, without malice or deliberate wrongdoing.
3. Are only the employees of the Authority protected?
No, the protection also extends to the Central Government, the Authority itself, its Members, and officers.
4. Does this cover actions that were intended to be done, even if they were not completed?
Yes, the section protects things that were "done or intended to be done" in good faith.
Test yourself
Q1.Under Section 45 of The Airports Economic Regulatory Authority of India Act, 2008, which of the following groups is NOT explicitly listed as receiving protection from legal proceedings?
Q2.Under Section 45 of The Airports Economic Regulatory Authority of India Act, 2008, what is the mandatory condition for an action to be protected from lawsuits?
Q3.Under Section 45 of The Airports Economic Regulatory Authority of India Act, 2008, what types of legal actions are blocked against the protected individuals?
Q4.Under Section 45 of The Airports Economic Regulatory Authority of India Act, 2008, the protection applies to actions taken under the Act and what else?