(1) Notwithstanding anything contrary contained under the provisions of this Act, neither the Government nor the Government personnel, experts or agents responsible for performance of any of the duties and functions under this Act or any NGO or civil society representative/ member especially authorized or entrusted by the Government to act under this Act, shall be held Hable for the death of or any injury caused to any individual, or damage to property, or violation of any kind, directly as a result of complying with or attempting to comply with this Act or any rule made thereunder.
Furthermore, nothing in this Act shall be construed to impose liability on State or local public health agency for the acts or omissions of a private sector partner unless explicitly authorized by law.
(2) (a) No action for damages lies or may be brought against any official of the State Government because of anything done or omitted in good faith in the performance or purported performance of any duty under this Act, or in the exercise or purported exercise of any power under this Act.
■ 1000_________ THE ASSAM GAZETTE, EXTRAORDINARY, MAY 7,2010
(b) No person who is a superior or supervisory officer over his/her subordinate official o f the Government who violates any part o f this Act, except in cases o f gross negligence, shall be subject to civ il remedies under this Act on the theory o f vicarious liability, unless such superior or supervisory official had prior actual or constructive knowledge o f the violation or actions leading to the violation; and/or was otherwise directly responsible for ensuring against the occurrence o f the violation :
Provided that this shall not absolve the Government from vicarious liability for an act or omission for which it would be vicariously liable i f this section were not in force.
MOHD. A. HAQUE Secretary to the Govt, of Assam, Legislative Department, Dispur.
GUWAHATI - Printed and Published by the Dy. Director (P&S), Directorate of Ptg. and Sty., Assam, Guwahati-21 (Ex-Gazette) No. 253-500+600-7-5-2010.