Section 143: Protection of action taken in good faith

The Code on Social Security, 2020 (Act No. 36 of 2020) • Official Statutory Text & Plain English Practice Guide

Statutory Mandate
Chapter XII: Offences and Penalties
Competent Labour Forum
Act No. 36 of 2020

Legal Commentary & Landmark Judgments: Section 143

Section 143 of the Code provides statutory protection of action taken in good faith, conferring immunity on the Central Government, State Governments, Central Board, Corporation, and officers for anything done in good faith under the Code.

  • Comprehensive Statutory Immunity Shield: Protects social security authorities, Recovery Officers, and inspecting officers from civil damages suits or criminal prosecutions for acts done in discharge of statutory duties.
  • Requirement of Bona Fide Exercise of Authority: Requires that the official act must be performed honestly, without malice, corruption, or proven bad faith, to qualify for immunity.
  • Preservation of Constitutional Writ Review: Does not bar High Courts from exercising Article 226 certiorari review to quash arbitrary, vindictive, or ultra vires assessment orders.
Key Landmark Precedents:
  • State of Maharashtra v. B.K. Takkamore AIR 1967 SC 1353: Supreme Court held that good-faith statutory protection is essential to enable public officers to fearlessly enforce regulatory welfare statutes.
  • Regional Provident Fund Commissioner v. Hooghly Mills Co. Ltd. (2012) 2 SCC 489: Affirmed that statutory officers acting within the four corners of social security legislation are shielded from vexatious personal litigation.
  • Siemens Engineering & Manufacturing Co. v. Union of India (1976) 2 SCC 981: Affirmed that while officers enjoy immunity for good-faith errors, they must strictly adhere to procedural natural justice.
Courtroom Practice & Strategic Litigation Guidance:

Frame legal challenges against arbitrary assessment orders as petitions under Article 226 demonstrating lack of jurisdiction and breach of natural justice; avoid asserting personal damages claims against individual assessing officers barred by Section 143.