High Court of the Provinces (Special Provisions) ACT

Arrangement of Sections

1. Short title.

2. Procedure for exercise of original criminal jurisdiction of the High Court.

3. Jurisdiction of High Court to hear appeals from Labour Tribunals and orders under Agrarian Services Act.

4. Right of Appeal to High Court.

5. Procedure for appealing to High Court.

5A. Jurisdiction to hear appeals from District Courts and Family Courts.

5B. Hearing of appeals.

5C. Appeal to the Supreme Court from decisions of the High Court.

5D. Transfer of cases from the Court of Appeal to the High Court of a Province.

6. Establishment of High Court.

7. Procedure for exercise of writ jurisdiction of High Court.

8. Reference to Supreme Court of cases involving infringement of fundamental rights and language rights.

9. Appeal to Supreme Court from High Court in certain cases.

10. Powers of Supreme Court appeal.

11. Appeal to Court of Appeal from High Court.

12. Where appeal or application in respect of same matter is filed in the Court of Appeal and in High Court.

13. Validation.

14. Sinhala text to prevail in case of inconsistency.

SCHEDULES

19 of 1990,

10 of 1996,

54 of 2006.

AN ACT to make provision regarding the procedure to be followed in, and the Right to appeal to, and from, the High Court established under Article 154P of the Constitution; and for matters connected therewith of incidental thereto.

[Date of Commencement: 15th May, 1990]

1. Short title.

This Act may be cited as the High Court of the Provinces (Special Provisions) Act.

2. Procedure for exercise of original criminal jurisdiction of the High Court.

(1) The provisions of written law applicable to the exercise of the original criminal jurisdiction, of the High Court of Sri Lanka, and to appeals to the Court of Appeal from such High Court, shall, mutatis mutandis, apply to—

(a) the institution of proceedings and the procedure for trials (including trials by jury and trials at bar);

(b) the right of appeal to the Court of Appeal from judgments, convictions, orders or sentences entered or imposed by;

(c) the hearing, by the Court of Appeal, of appeals preferred to it from judgments, convictions, orders or sentences entered or imposed by, a High Court established by Article 154P of the Constitution in the exercise of the original criminal jurisdiction conferred on it.

(2) The provisions of the Judicature Act applicable to the transfer of any action, prosecution, proceeding or matter pending before any court, to any other court, shall apply to the transfer of any action, prosecution, proceeding or matter pending before any High Court established by Article 154P of the Constitution for a Province, to any other High Court established under that Article.

(3) The provisions of the Judicature Act shall, mutatis mutandis, apply to offences of contempt committed against, or in disrespect of the authority of a High Court established by Article 154P of the Constitution.

3. Jurisdiction of High Court to hear appeals from Labour Tribunals and orders under Agrarian Services Act.

A High Court established by Article 154P of the Constitution for a Province shall, subject to any law, exercise appellate and revisionary jurisdiction in respect of orders made by Labour Tribunals within that Province and orders made under section 5 or section 9 of the Agrarian Services Act, No. 58 of 1979, in respect of any land situated within that Province.

4. Right of Appeal to High Court.

A party aggrieved by any conviction, sentence or order, entered or imposed, by a Magistrate’s Court, a Primary Court, a Labour Tribunal or by an order made under section 5 or section 9 of the Agrarian Services Act, No. 58 of 1979 may, subject to the provisions of any written law applicable to the procedure and manner for appealing and the time for preferring such appeals, appeal therefrom to the High Court established by Article 154P of the Constitution for the Province within which such court or tribunal is situated or within which the land which is the subject of the order made under the Agrarian Services Act, is situated.

5. Procedure for appealing to High Court.

The Provisions of written law applicable to appeals to the Court of Appeal, from convictions, sentences or orders entered or imposed by a Magistrate’s Court, and to applications made to the Court of Appeal for revision of any such conviction, sentence or order shall, mutatis mutandis, apply to appeals to the High Court established by Article 154P of the Constitution for a Province, from convictions, sentences or orders entered or imposed by Magistrate’s Courts, Primary Courts and Labour Tribunals within that Province and from orders made under section 5 or section 9 of the Agrarian Services Act, No. 58 of 1979, in respect of land situated within that Province and to applications made to such High Court, for revision of any such conviction, sentence or order.

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