Parliament (Powers And Privileges)



Parliament (Powers And Privileges)
AN ACT TO AMEND THE PARLIAMENT (POWERS AND PRIVILEGES) ACT

BE it enacted by the Parliament of the Democratic Socialist Republic of Sri Lanka as follows : –

[20th June
, 1984
]
Short title.

1. This Act may be cited as the Parliament (Powers and Privileges) (Amendment) Act, No. 25 of 1984.

Replacement of section 19 of Chapter 383.

2. Section 19 of the Parliament (Powers and Privileges) Act is hereby repealed and the following section substituted therefor:-

‘ Protection for publication of reports & c, published under the authority of Parliament and for publication of copies thereof or extracts therefrom.

19.

(1) Any person, being a defendant in any civil or criminal proceedings instituted for or on account, or in respect, of the publication by such person or his servant –

(a) of any report, paper, minute, votes or proceedings being a report, paper, minute, votes. or proceedings published by order, or under the authority of Parliament or any committee thereof ; or

(b) of a copy of any such report, paper, minute, votes or proceedings,

may, on giving the plaintiff or the prosecutor twenty-four hours notice of his intention

(i) in the case of any civil or criminal proceedings in respect of a publication referred to in paragraph (a), bring before the court in which such proceedings are being held a certificate under the hand of the Speaker or the Secretary-General of Parliament stating that the report, paper, minute, votes or proceedings in respect of Which such proceedings have been instituted were published by such person or his servant by order or under the authority, of Parliament or any committee thereof ; or

(ii) in the case of any civil or criminal proceedings in respect of a publication referred to in paragraph (b), lay before the court in which such proceedings are being held, the copy in respect of which such proceedings have been instituted and the report, paper, minute, votes or proceedings of which it purports to be a copy, together with an affidavit verifying such report, paper, minute, votes or proceedings and the correctness of such copy,

and such court shall thereupon immediately stay such civil or criminal proceedings and the same and every process issued therein shall be deemed to be finally determined.

(2) No person shall be liable to any civil or criminal proceedings for or on account, or in respect, of the publication, bona fide and without malice, by such person or his servant:

(a) of any extract from, or abstract of, any report, paper, minute, votes or proceedings, published by order, or under the authority, of Parliament or any committee thereof ;

(b) of a fair and accurate report of any proceedings of Parliament, being a proceeding, the publication of which has been authorized by Parliament.

(3) For the purpose of this section, the expression ” civil or criminal proceedings ” includes any proceeding for the punishment of contempt of the Supreme Court, or the Court of Appeal, or the High Court or any other Court, tribunal or institution.’.