MISCELLANEOUSCentral
Section 12 of The Lalit Kala Akadami (Taking Over of Management) Act, 1997
- (1)No suit, prosecution or other legal proceeding shall lie against the Administrator or any officer of the Central Government or any other person for anything which is in good faith done or intended to be done under this Act.
- (2)No Suit or other legal proceeding shall lie against the Central Government or the Administrator or any officer of the Central Government or any other person 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.
Summary
- It protects the Administrator, any officer of the Central Government, and any other person carrying out the Act.
- Subsection 1 states that no civil suit, criminal prosecution, or other legal proceedings can be filed against these protected people.
- Subsection 2 expands this protection to the Central Government itself.
- This protection covers any damage that is caused, or likely to be caused, by actions done or intended to be done in good faith.
Practical examples
1In April 1997, a government officer named Suresh locks a storage room containing valuable paintings to protect them from theft. This action is done in good faith, but the delay causes an art exhibition to lose 20,000 rupees in ticket sales. Under Section 12, the gallery owner cannot sue Suresh or the government to recover this damage.
2An Administrator named Kapoor decides to sell an old, decaying vehicle belonging to the society for 15,000 rupees in order to free up parking space, acting in good faith. A former member tries to prosecute Kapoor in court for selling society property. The court dismisses the case because Section 12 protects Kapoor's good faith actions.
FAQ
1. What does "good faith" mean in this section?
It means acting honestly, with sincere and proper intentions, to carry out the duties under the Act.
2. Who is protected from legal proceedings under Section 12?
The Administrator, any officer of the Central Government, any other person acting under the Act, and the Central Government itself.
Test yourself
Q1.Under Section 12, what is the essential condition for an action to be protected from legal proceedings?
Q2.Which of the following is NOT explicitly protected from suits under Section 12?
Q3.What types of legal actions are barred under Section 12(1) for protected good faith deeds?
Q4.What does Section 12(2) say about suits for "damage caused or likely to be caused"?
Q5.Does Section 12 protect "intended" actions as well as completed actions?