Interpretation (Amendment) Law

Interpretation (Amendment) Law A LAW TO AMEND THE INTERPRETATION ORDINANCE WHEREAS it has become necessary to declare clearly unequivocally the intention of the Legislature in section 24 of the Interpretation Ordinance, exclude the jurisdiction of the courts to grant injunctions or make orders for specific performance against State and persons acting on behalf of the State: Be it therefore enacted by the National State the Republic of Sri Lanka as follows: – Short title. 1. This Law may be cited as the Interpretation (Amendment) Law, No. 29 of 1974. Replacement of section 24 of Chapter 2. 2. The Interpretation Ordinance, as amended by Act No. 18 of 1972, is hereby further amended by the repeal of section 24 thereof, and by the substitution therefor, of the following new section: – ‘Construction of enactments giving power to court to grant injunctions or make orders for specific performance. 24. (1) Nothing in any enactment, whether passed before or after the commencement of this Ordinance, shall be deemed to confer upon any court jurisdiction to grant injunctions or to make orders for specific performance against the State, a Minister or a Deputy Minister, upon any ground whatsoever. (2) No court shall upon any ground whatsoever grant any injunction or make any order against a state officer, if the effect of the granting of such injunction or the making of such order would be, whether directly or indirectly, to restrain the State, a Minister or a Deputy Minister from proceeding with, or to compel the performance by the State, a Minister or a Deputy Minister of, any matter or thing. (3) Where before the coming into operation of this section, any injunction has been granted by any court, which injunction such court would not have had the jurisdiction to grant if this section had then been in operation, such injunction shall for all purposes be deemed to have been and to be null and void and of no force or effect in law. (4) In this section, “injunction ” includes a permanent or interim injunction, whether ex parte or otherwise, an enjoining order, or any other order having the effect of staying or restraining any person or authority referred to in the preceding subsections. (5) The preceding provisions of this section shall not be deemed to affect the power of any court to make an order declaratory of the rights of parties. (6) The provisions of this section shall have effect notwithstanding section 6 or any other provisions of this Ordinance or the provisions of any other law.’.