Section 62 of The National Commission for Allied and Healthcare Professions Act, 2021
No suit, prosecution or other legal proceeding shall lie
against the Central Government or State Government or against the Chairperson, Vice-Chairperson or any other Member of the Commission or any Member of the State Council or any member of the Professional Council or any member of the Autonomous Board, as the case may be, for anything which is in good faith done or intended to be done in pursuance of this Act or any rule made thereunder in the discharge of their official duties.
Summary
No suit, prosecution or other legal proceeding shall lie against the Central Government or State Government or against the Chairperson, Vice-Chairperson or any other Member of the Commission or any Member of the State Council or any member of the Professional Council or any member of the Autonomous.
Practical examples
FAQ
1. Can a member of the National Commission for Allied and Healthcare Professions be sued personally for their decisions?
No, under Section 62 of The National Commission for Allied and Healthcare Professions Act, 2021, members are protected from lawsuits or legal proceedings for any actions they take in good faith while performing their official duties.
2. What does good faith mean in Section 62 of the Allied and Healthcare Professions Act?
Good faith means the person acted with honest intentions and believed they were correctly following the rules of the Act or its regulations while doing their job.
3. Does Section 62 of the 2021 Act only protect the Chairperson and Vice-Chairperson?
No, Section 62 of the Act provides protection to the Central Government, State Government, Chairperson, Vice-Chairperson, any Member of the Commission, State Council, Professional Council, or Autonomous Board.
4. Can I prosecute a State Council member for an error they made while following the Act?
You cannot prosecute them if the action was done or intended to be done in good faith during their official duties under Section 62 of The National Commission for Allied and Healthcare Professions Act, 2021.
Test yourself
Q1.Under Section 62 of The National Commission for Allied and Healthcare Professions Act, 2021, which of the following individuals is NOT specifically listed as protected from legal proceedings for actions taken in good faith?
Q2.What is the primary requirement for protection under Section 62 of The National Commission for Allied and Healthcare Professions Act, 2021?
Q3.Under Section 62 of the 2021 Act, if a member of the State Council removes a name from the register while following the law, what is the legal consequence?
Q4.If a Chairperson of the Commission intends to follow the rules of the Allied and Healthcare Professions Act but makes a minor procedural mistake, are they still protected under Section 62?