STATE (LIABILITY IN DELICT) act

Arrangement of Sections

1. Short title.

PART I

SUBSTANTIVE Law

2. Liability of the State in delict.

3. Provisions as to industrial property.

4. Application of Law as to indemnity contribution, joint and several wrongdoers and contributory negligence.

5. Liability in connection with postal articles.

6. Provisions relating to Armed Forces.

7. Saving in respect of acts done under powers conferred on the State by written Law.

PART II

MISCELLANEOUS AND SUPPLEMENTAL

8. Exclusion of proceedings in rem against the State.

9. Application to the State of certain provisions of written Law.

10. Pending proceedings.

11. Savings.

12. Regulations.

13. Interpretation.

22 of 1969.

AN ACT to amend the Law relating to the Civil Liabilities and Rights of the State, and for purposes connected therewith or incidental thereto.

[Date of Commencement: 2nd December, 1969]

1. Short title.

This Act may be cited as the State (Liability in Delict) Act.

PART I

SUBSTANTIVE Law

2. Liability of the State 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.

3. Provisions as to industrial property.

(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.

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