Language of the Courts (Special Provisions)

Language of the Courts (Special Provisions)

A LAW TO PROVIDE FOR THE USE OF TAMIL IN THE CASE OF CERTAIN INSTITUTIONS EXERCISING ORIGINAL JURISDICTION IN THE NORTHERN AND EASTERN PROVINCES.

WHEREAS subsection (1) of section 11 of the Constitution of Sri Lanka provides that the language of the courts and tribunals empowered by law to administer justice and of courts, tribunals and other institutions established under the Industrial Disputes Act and of Conciliation Boards established under the Conciliation Boards Act, No. 10 of 1958, shall be Sinhala throughout Sri Lanka and accordingly their records, including pleadings, proceedings, judgments, orders and records of all judicial and ministerial acts, shall be in Sinhala:

And Whereas the proviso to that subsection enables the National State Assembly by or under its law to provide for the use of Tamil in the case of institutions exercising original jurisdiction in the Northern and Eastern Provinces and also of courts, tribunals and other institutions established under the Industrial Disputes Act and of Conciliation Boards established under the Conciliation Boards Act, No. 10 of 1958, in the Northern and Eastern Provinces:

Now therefore be it enacted by the National State Assembly of the Republic of Sri Lanka as follows: –

Short title.

1. This Law may be cited as the Language of the Courts (Special Provisions) Law, No. 14 of 1973.

Power of Minister to determine that the language of any court, in the Northern and Eastern Provinces &c., shall be Tamil.

2. The Minister may, with the concurrence of the Cabinet of Ministers, determine that the language of any institution exercising original jurisdiction in the Northern and Eastern Provinces and also of any court, tribunal or other institution established under the Industrial Disputes Act, and of any Conciliation Board established under the Conciliation Boards Act, No. 10 of 1958, in the Northern and Eastern Provinces shall be Tamil.

Effect of determination made under action 9.

3. Upon a determination made under section 2 of this Law, the Minister shall direct the court, tribunal, institution or Board in respect of which the determination was made-

(a) that their records, including pleadings, proceedings, judgments, orders and records of ail judicial and ministerial acts shall be in Tamil:

Provided that in all such cases as the Minister may by Order direct a Sinhala translation shall be caused to be made by such court, tribunal, institution or Board for the purposes of the record; and

(b) that parties, applicants and persons legally entitled to represent such parties or applicants may-

(i) submit their pleadings, applications, motions and petitions in Sinhala, and

(ii) participate in the proceedings in Sinhala;

Provided, however, that in all such cases a Tamil translation shall be caused to be made for the purposes of the record; and

(c) that, in the event of an appeal from such court, tribunal, institution or Board other than a Rural Court, a record in Sinhala shall be prepared for the use of the court hearing such appeal.

Right of persons not conversant with the language used in a court, &c.,

4. Every party, applicant, judge, juryman or member of a tribunal not conversant with the language used in a court, tribunal or other institution referred to in section 2, shall have the right to interpretation, and to translation into Sinhala provided by the State to enable him to understand and participate in the proceedings. Such person shall also have the right to obtain in Sinhala any such part of the record as he may be entitled to obtain according to law.

Application of this law to future institutions established in Northern and Eastern Province.

5. The provisions of this Law shall apply to any institution in the Northern and Eastern Provinces which under any future law shall have a jurisdiction or function corresponding or substantially similar to the jurisdiction or function of any institution referred to in section 2.

Regulations.

6.

(1) The Minister may make regulations to give effect to the principles and provisions of this Law.

(2) No regulation made under subsection (1) shall have effect until it is approved by the National State Assembly and notification of such approval is published in the Gazette.