Protection of action taken in good faith
No suit, prosecution or other legal proceeding shall lie against the Government or any officer or other employee of the Government or any authority constituted under this Act or any member, officer or other employee of such authority in respect of anything which is done or intended to be done in good faith in pursuance of this Act or the rules made or orders or directions issued thereunder.
In plain English
What this section actually means
Section 18 is the personal-immunity shield. Anything done — or even intended to be done — in good faith under the Act, rules, orders or directions cannot be the subject of a suit, prosecution or legal proceeding against the Government, its officers, or members and employees of any authority constituted under the Act (such as the CPCB, SPCBs constituted under Section 3(3), or now the Commission for Air Quality Management).
'Good faith' here imports the General Clauses Act standard — done honestly, whether negligently or not. So a Section-10 inspector who follows the law in spirit but makes an honest mistake about a fact is protected; an inspector who acts maliciously is not.
This is the section that lets pollution-control officials act decisively without fearing personal civil suits from aggrieved units.
Real life
What this looks like in real life
Officer sued for damages after a Section 5 closure direction
Setup. A factory owner sues the SPCB Member-Secretary personally for damages after a Section 5 closure direction that was later set aside on technical grounds by the NGT.
What the law does. Section 18 bars the suit. The direction was issued in good faith — its later reversal does not retrospectively remove the good-faith status. The officer is personally immune, even though the direction itself is invalidated.
Frequently asked
Questions about Section 18
Open this section in the source PDF
Environment Protection Act, 1986.pdf
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