20 21995/2021/MCP 38. Protection of action taken in good faith.-No suit or other legal proceeding shall lie against the Central Government, State Government, Commission, the State Commission or any Member thereof or any person acting under the direction either of the Central Government, State Government, Commission or the State commission in respect of anything which is in good faith done or intended to be done in pursuance of this Act or of any rules or any order made thereunder or in respect of the publication by or under the authority of the Central Government, State Government, Commission or the State Commission of any report, paper or proceedings. 39. Members and officers to be public servants.-Every member of the Commission, State Commission and every officer appointed or authorised by the Commission or the State Commission to exercise functions under this Act shall be deemed to be a public servant within the meaning of Section 21of the Indian Penal Code (45 of 1860). 40. Power of Central Government to make rules.-(1) The Central Government may, by notification, make rules to carry out the provision of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the salaries and allowances and other terms and conditions of service of the 1[Chairperson and Members] under Section 8; (b) the conditions subject to which other administrative, technical and scientific staff may be appointed by the Commission and the salaries and allowances of officers and other staff under sub-section (3) of Section 11; (c) any other power of a Civil Court required to be prescribed under clause (f) of sub-section (1) of Section 13; (d) the form in which the annual statement of accounts is to be prepared by the Commission under sub-section (1) of Section 34; and (e) any other matter which has to be, or may be, prescribed. (3) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 2 [40A. Power to make rules retrospectively. - The power to make rules under clause (b) of sub-section (2) of Section 40 shall include the power to make such rules or any of them retrospectively from a date not earlier than the date on which this Act received the assent of the President, but no such retrospective effect shall be given to any such rule so as to prejudicially affect the interests of any person to whom such rule may be applicable.] 3 [40B. Power of Commission to make regulations.-(1) Subject to the provisions 1. Substituted by Act No. 43 of 2006, w.e.f. 23-11-2006. 2. Inserted by Act No. 49 of 2000, w.e.f. 11-12-2000. 3. Inserted by Act No. 43 of 2006, w.e.f. 23-11-2006. 19