Section 97: Protection of persons acting under this Code

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

Statutory Mandate
Chapter XI: Offences and Penalties
Competent Labour Forum
Act No. 37 of 2020

Legal Commentary & Landmark Judgments: Section 97

Section 97 of the Code confers statutory immunity and protection on persons acting under this Code, providing that no suit, prosecution, or other legal proceeding shall lie against any government official or Inspector-cum-Facilitator for anything done in good faith.

  • Statutory Good Faith Immunity Shield: Protects Inspectors-cum-Facilitators, certifying surgeons, and government officials from civil suits and criminal prosecutions for acts performed in discharge of statutory duties.
  • Prerequisite of Bona Fide Exercise of Authority: Requires that the official action must be performed honestly, without malice, corruption, or gross abuse of statutory authority, to qualify for immunity.
  • Bar on Collateral Judicial Injunctions: Prevents aggressive corporate litigants from intimidating inspecting officers through malicious prosecution or retaliatory damages suits.
Key Landmark Precedents:
  • State of Maharashtra v. B.K. Takkamore AIR 1967 SC 1353: Supreme Court held that statutory protection of public servants acting in good faith is essential to ensure fearlessly energetic enforcement of regulatory welfare statutes.
  • Consumer Education & Research Centre v. Union of India (1995) 3 SCC 42: Affirmed that health and safety inspectors must be legally shielded while taking decisive emergency actions to protect worker lives.
  • M.C. Mehta v. Union of India (1987) 1 SCC 395: Supreme Court reiterated that bona fide emergency shutdowns by regulatory agencies are protected by sovereign regulatory privilege.
Courtroom Practice & Strategic Litigation Guidance:

While Section 97 protects inspectors acting in good faith, malicious or extortionate conduct is not protected. Where an inspector acts ultra vires or with proven malice, appropriate remedy lies via Article 226 writ proceedings or anti-corruption complaints.