SancUcr. ::rt prosecutlori=-No prosecution for any offence punishable under this Act, shall be instituted exc… — BIHAR ACT 40 or " 1982]1

SancUcr. ::rt prosecutlori=-No prosecution for any offence punishable under this Act, shall be instituted except with the-previous sanction of the Authority or the Chairman or any officer authorised by the Authority or the Chair-

73 SancUcr. ::rt prosecutlori=-No prosecution for any offence punishable under this Act, shall be instituted except with the-previous sanction of the Authority or the Chairman or any officer authorised by the Authority or the Chair- [No prosecution for any offence punishable under this Act shall ' 1e inst: tuted except Wl"1 ihe previous sanction ot th8 authority or the Chairman or any otner omcer at ! -oriLe· ' by !lie autt xity or the Chairman on its behalf Any prosecuiion launchc wrthout sanction is noi maintainable dnd the judgment and the sanction ii pas eo is ii lo. I )e s qs1de Mohan Thekur vs. The Stetc of Bihm 1999 (3) PLJn 388 . .Sections 80 and 81 -fb:ing of pay scales of the employees of the Authority =-contro! of State Government over the Authoriiy-wide and pervasive and · t wiH be difficult for Authority to take independent decision contrary to the dccislon and directions of the Government -however , in 'lhe matter of 11J(mg the pay scale. the Acl vest power in the Authority to make requlation-> there is no restriction or. t.10 oxercise of this reou!aiion making power oxcopt that the rer.Jula · tions must bo consistent with tho Act and the rules ' made thereunder-if the statute vests power in the Authority lo frame sucn regulations then merely because par; o its fund comprise of grdnts etc. from !he Governmen: , would not make it dependent on Government so as · 10 bouno by its directive regarding pay scale. Prnmod Kumar Singh vs. PR.DA. , 2002 (4} :->LJR, 616 . ] 7!.I:.. Prol,~ci:ion 01 action taken in gooC!l 1aith.-No suit, prosecution , or other legal proceeding shall lie against any person to anything which is in good f,:.!1h done or intended 10 be done under this Ac1 or any rule or regulation made thereunder , Comm:ent~ & C:<JSe-law [This provision does not protect a person who knowingly contravenes provisions or he /\cf . A person who presisrs in erecting a wall inspite o: protests 'iron , Trust employees cannot be said to be acting in good faith . Af<in Nandi vs. State , 1964 BLJR 1,20 . J 7::.. ;:·r:.W·"'.!t to cielegat~.'The authority may, by notification in the official Gc:.ze1ie. declare that any power exercisable by it or any of :ts officers under ~ his Act, except the power Io make regulations. may also bo exercised by such officer or local authortty (or Committee constituted under section 9) as -may be mentioned therein in such cases and subject to such conditions, if any, as may be specified therein,

Section 73