2.62 Protection of action taken under the Act
2.62.1 Bare Act Provision:
37. Protection of action taken under the Act.―No suit for compensation and no criminal proceeding shall lie against any public servant in respect of any act done or in good faith intended to be done in the exercise of any power conferred by this Act.
2.62.2 Interpretation
Section 37 of the Ancient Monuments and Archaeological Sites and Remains (AMASR) Act, provides legal protection to public servants for actions taken under the Act. Public servants e.g., officers of the Archaeological Survey of India or competent authorities cannot be sued for compensation or face criminal charges for actions they take, or intend to take, in good faith while exercising powers under the AMASR Act, such as conducting excavations, issuing orders, or enforcing regulations. This provision protects public servants from legal liability for actions taken in good faith to implement the AMASR Act, encouraging them to perform their duties without fear of lawsuits or prosecution, thereby ensuring effective administration and protection of Bharat’s cultural heritage.
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