Section 59 of The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996
- (1)No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this Act or any rule or order made thereunder.
- (2)No prosecution or other legal proceeding shall lie against the Government, any Board or Committees constituted under this Act or any member of such Board or any officer or employee of the Government or the Board or any other person authorised by the Government or any Board or committee, for any damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of this Act or any rule or order made or issued thereunder.
Summary
- People are protected from legal action if they are carrying out the Act's rules in good faith.
- No suit or prosecution can be brought against someone for actions they honestly intended to do under this law.
- The Government, Boards, and Committees are protected from liability for damages caused by good-faith actions.
- Officers, employees, and authorized persons are also covered by this legal shield.
- This section encourages officials to perform their duties without the constant fear of being sued personally.
Practical examples
FAQ
1. What is "good faith" protection under Section 59 of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996?
Section 59 of the Building and Other Construction Workers Act protects individuals and the government from legal action for anything done or intended to be done honestly in pursuance of the Act.
2. Who is protected from lawsuits under Section 59 of the Building and Other Construction Workers Act?
Section 59 of the Act protects the Government, Boards, Committees, members, officers, employees, and any authorized person acting under the Act.
3. Can someone be sued for damages caused while following the 1996 Construction Workers Act according to Section 59?
No, Section 59 of the Construction Workers Act states that no legal proceeding lies for damage caused by actions done or intended in good faith under the Act.
4. Does Section 59 of the Building and Other Construction Workers Act cover "intended" actions?
Yes, Section 59 specifically protects actions that are "in good faith done or intended to be done" under the Act.
Test yourself
Q1.Under Section 59 of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996, what is the key requirement for protection from legal proceedings?
Q2.Which of these entities is NOT specifically protected under Section 59(2) of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996?
Q3.What types of legal proceedings are barred by Section 59 of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996?
Q4.If a Board member is sued for a decision made while exercising powers delegated under Section 56 of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996, which section provides them immunity?