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Section 28: Protection of action taken in good faith

Maintenance and Welfare of Parents and Senior Citizens Act, 2007 • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2007
Section 27 All 32 Sections of Maintenance and Welfare of Parents and Senior Citizens Act, 2007 Section 29

Legal Commentary & Landmark Judgments: Section 28

Section 28 provides comprehensive statutory immunity shielding the Central Government, State Governments, and local authorities from civil suits or criminal prosecution for acts done in good faith.

  • Good Faith Protection: No suit, prosecution, or other legal proceeding shall lie against the Central Government, State Governments, local authorities, or any officer of the government for anything which is in good faith done or intended to be done under this Act.
  • Protection for Conciliation Officers: Extends statutory immunity to non-official members of Conciliation Officers and social workers acting under the Act.
  • Presumption of Regularity: Official acts of the Maintenance Tribunal and Appellate Tribunal are presumed to be performed lawfully unless fraud or malice in fact is strictly proved.
Key Landmark Precedents:
  • Goa Plast (P) Ltd. v. Chico Ursula D'Souza (2004) 2 SCC 235: Affirmed that statutory indemnity provisions protect public functionaries from vexatious litigation when implementing remedial social legislation.
  • Sunny Paul v. State (NCT of Delhi) 2018 SCC OnLine Del 11640: Held that administrative officers implementing senior citizen protection policies enjoy full statutory immunity under Section 28.
Courtroom Practice & Strategic Litigation Guidance:

If a disgruntled child sues the SDM, DM, or Social Welfare Officer for damages alleging wrongful eviction or defamation, move to dismiss the suit under Section 28 r/w Order VII Rule 11 CPC as barred by statutory good faith immunity.

Section 27 All 32 Sections of Maintenance and Welfare of Parents and Senior Citizens Act, 2007 Section 29