STATE (LIABILITY IN DELICT)

(1) Subject to the provisions of this Act, the State shall be subject to all those liabilities in delict to which, if it were a private person of full age and capacity, it would be subject in respect of delicts committed by its officers or agents:

Provided that no proceedings shall lie against the State by virtue of the preceding provisions of this subsection in respect of any act or omission of an officer or agent of the State, unless the act or omission would apart from the provisions of this Act have given rise to a cause of action in delict against that officer or agent or his estate.

(2) Where the State is bound by a statutory duty which is binding also upon persons other than the State and its officers, then, subject to the provisions of this Act, the State shall, in respect of a failure to comply with that duty, be subject to all those liabilities in delict (if any) to which it would be subject if it were a private person of full age and capacity.

(3) Where any functions are conferred or imposed upon an officer of the State as such by or under any written law, and that officer commits a delict while performing or purporting to perform those functions, the liabilities of the State in respect of the delict shall be such as they would have been if those functions had been conferred or imposed solely by virtue of instructions lawfully given by the State.

(4) Any written law which negatives or limits the amount of the liability of any officer of the State in respect of any delict committed by that officer shall, in case of proceedings against the State under this section in respect of a delict committed by that officer, apply in relation to the State as it would have applied in relation to that officer if the proceedings against the State had been proceedings against that officer.

(5) No proceedings shall lie against the State by virtue of this section in respect of anything done or omitted to be done by any person while discharging or purporting to discharge any responsibilities of a judicial or quasi-Judicial nature vested in him, or any responsibilities which he has in connection with the execution of judicial process, or any responsibilities vested in him in his capacity as a member or delegate of the Public Service Commission or the Judicial Service Commission.

(1) Where after the coming into operation of this Act any officer or agent of the State infringes a patent, or infringes a registered trade mark, or infringes any copyright and the infringement is committed with the authority of the State then, subject to the provisions of this Act, civil proceedings in respect of the infringement shall lie against the State.

*(3) Save as expressly provided by this section, no proceedings shall lie against the State by virtue of this Act in respect of the infringement of a registered trade mark, or in respect of the infringement of any such copyright as is mentioned in subsection (1) of this section.

(1) Where the State is subject to any liability by virtue of this Part of this Act, the law relating to indemnity and contribution shall be enforceable by or against the State in respect of the liability to which it is so subject as if the State were a private person of full age and capacity.

(2) Without prejudice to the effect of the preceding subsection, the Law Reform (Contributory Negligence and Joint Wrongdoers) Act shall bind the State.

(1) Subject to the provisions of the Post Office Ordinance and the Telecommunications Ordinance, no proceedings in delict shall lie against the State for anything done or omitted to be done in relation to a postal article by any person while employed as an officer or agent of the State, or for anything done or omitted to be done in relation to a telephonic message of the State whilst so employed, nor shall any officer of the State be subject, except at the suit of the State, to any civil liability for any of the matters aforesaid.

(2) In this section, the terms ” postal article ” and it message ” shall have the same meanings as in the Post Office Ordinance and the Telecommunications Ordinance, respectively.

(1) Nothing done or omitted to be done by a member of the Armed Forces of the State while on duty as such shall subject either him or the State to liability in delict for causing the death of another person or causing personal injury to another person, in so far as the death or personal injury is due to anything suffered by that other person while he is a member of the Armed Forces of the State if –

Provided, however, that this subsection shall not exempt a member of the said Forces from liability in delict in any case in which the court is satisfied that the act or omission was not connected with the execution of his duties as a member of those Forces.

(2) No proceedings in delict shall lie against the State for death or personal injury due to anything suffered by a member of the Armed Forces of the State, if –

(3) No act or omission of an officer of the State shall subject him to liability in delict for death or personal injury in so far as the death or personal injury is due to anything suffered by a member of the Armed Forces of the State, being a thing as to which the conditions aforesaid are satisfied.

(4) The Minister in charge of the subject of Defence, if satisfied that it is the fact –

may issue a certificate certifying that to be the fact ; and any such certificate shall, for the purposes of this section, be conclusive as to the fact which it certifies

(1) Nothing in this Part of this Act shall extinguish or abridge any powers or authorities which, if this Act had not been passed, would have been exercisable by virtue of any powers or authorities conferred on the State or any of its officers by any written law, and, in particular, nothing in this Part of this Act shall extinguish or abridge any powers or authorities exercisable by the State or any of its officers, whether in time of peace or war, for the purposes of the defence of Sri Lanka, or of the exercise of emergency powers, or of training, or maintaining the efficiency of, any of the Armed Forces of the State.

(1) Nothing in this Act shall authorize proceedings in rem in respect of any claim against the State, or the arrest, detention or sale of any ship, aircraft, cargo or other property belonging to the State, or give to any person any lien on any such ship, aircraft, cargo or other property.

(2) Where proceedings in rem have been instituted in any court against any such ship, aircraft, cargo or other property, the court may, if satisfied, either on an application by the plaintiff for an order under this subsection or an application by the State to set aside the proceedings, that the proceedings were so instituted by the plaintiff in the reasonable belief that the ship, aircraft, cargo or other property did not belong to the State, order that the proceedings shall be treated as if they were in personal duly instituted against the State or duly instituted against any other person whom the court regards as the proper person to be sued in the circumstances, and that the proceedings shall continue accordingly. Any such order may be made upon such terms, if any, as the court thinks just; and where the court makes any such order it may make such consequential orders as the court thinks expedient.

(1) Subject to the provisions of subsection (2), this Act shall not prejudice the right of the State to take advantage of the provisions of any written law although not named therein ; and it is hereby declared that in any civil proceedings against the State the provisions of any written law which could, if the proceedings were between subjects, be relied upon by the defendant as a defence to the proceedings, whether in whole or in part, or otherwise, may, subject to any express provision to the contrary, be so relied upon by the State.

(2) No court shall refuse to entertain any action brought by virtue of this Act on the ground that the provisions of section 461 of the Civil Procedure Code have not been complied with.

(3) Where the provisions of section 461 of the Civil Procedure Code have not been complied with in respect of an action brought by virtue of this Act, the court shall direct the plaintiff to comply with such directions as the court may deem necessary to make good the omission and shall refuse to entertain the action if the plaintiff fails to comply with such directions.

(1) Nothing in this Act shall apply to proceedings in delict brought by the President in his private capacity.

*(2) Except as otherwise expressly provided, nothing in this Act shall –

(1) The Minister may make regulations under this Act for such purpose or purposes as may be necessary to give full force and effect to the principles and provisions of this Act.

(2) In particular, but without prejudice to the generality of the powers conferred by subsection (I), the Minister may make regulations for or in respect of all or any of the following matters: –

(3) Any regulation made under this Act may be of general application, or may be limited in its application to any specified purpose or purposes.

(4) No regulation made by the Minister under this Act shall have effect until it is approved by Parliament, nor until notification of such approval is published in the Gazette.

(5) Every regulation made by the Minister under this Act shall, upon the publication in the Gazette of a notification of the approval of that regulation as provided in subsection (4), be deemed to be as valid and effectual as though it were herein enacted.