Section 18 EPA 1986 grants PROTECTION TO PERSONS ACTING IN GOOD FAITH from prosecution. The Section bars:
Aall prosecutions, regardless of intent of officials (cf. Environment (Protection) Act 1986, Section 18) (cf. Environment (Protection) Act 1986, Section 18)
Bonly environmental tribunal proceedings, not regular court suits (cf. Environment (Protection) Act 1986, Section 18) (cf. Environment (Protection) Act 1986, Section 18)
Conly civil suits with no exception for criminal prosecution (cf. Environment (Protection) Act 1986, Section 18) (cf. Environment (Protection) Act 1986, Section 18)
Dany suit, prosecution or other legal proceeding against the Government or any officer or other employee of the Government for anything which is in GOOD FAITH done or intended to be done under this Act
Answer & Solution
Correct answer: D. any suit, prosecution or other legal proceeding against the Government or any officer or other employee of the Government for anything which is in GOOD FAITH done or intended to be done under this Act
1. Section 18 EPA 1986: 'No suit, prosecution or other legal proceeding shall lie against the Government or any officer or other employee of the Government or any authority constituted under this Act or any member, officer or other employee of such authority in respect of anything which is in good faith done or intended to be done under this Act.'
2. 'Good faith' is defined in Section 3(22) General Clauses Act — done honestly, whether negligently or not (different from IPC Section 52 'due care' standard).
3. This is the standard official immunity clause for good-faith official acts.
4. Hence option B is correct.
_Source: EPA 1986 / Constitution of India / Stockholm/Rio/Paris / Indian SC environmental jurisprudence — Environment (Protection) Act 1986, Section 18_
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