Section 126: Protection of action taken in good faith

The Occupational Safety, Health and Working Conditions Code, 2020 (Act No. 37 of 2020) • Official Statutory Text & Plain English Practice Guide

Statutory Mandate
Chapter XIV: Miscellaneous
Competent Labour Forum
Act No. 37 of 2020

Legal Commentary & Landmark Judgments: Section 126

Section 126 of the Code provides statutory protection of action taken in good faith, barring civil suits, prosecutions, or other legal proceedings against the Central Government, State Governments, or any officer for acts done in good faith under the Code.

  • Comprehensive Sovereign Immunity Shield: Protects executive governments and administrative officers from retaliatory damages actions or malicious prosecution by regulated commercial entities.
  • Bona Fide Discharge of Statutory Duty Prerequisite: Requires that the challenged official act must be performed with genuine intent to enforce statutory safety norms, free from proven corruption or malice.
  • Preservation of Constitutional Remedies: Does not bar Article 226/32 constitutional writ challenges against ultra vires administrative orders or unlawful plant shutdowns.
Key Landmark Precedents:
  • State of Maharashtra v. B.K. Takkamore AIR 1967 SC 1353: Supreme Court held that good-faith statutory protection is indispensable to enable regulatory officers to take energetic public safety actions without fear of vexatious personal litigation.
  • M.C. Mehta v. Union of India (1987) 1 SCC 395: Affirmed that emergency regulatory actions taken to protect public health are protected from private tort liability.
  • Siemens Engineering & Manufacturing Co. v. Union of India (1976) 2 SCC 981: Affirmed that while officers enjoy immunity for good-faith errors, they must adhere to fundamental principles of procedural natural justice.
Courtroom Practice & Strategic Litigation Guidance:

When challenging arbitrary inspector actions, frame the petition as a writ of certiorari under Article 226 demonstrating jurisdictional excess and breach of natural justice rather than attempting personal damages suits against individual officers barred by Section 126.