Volume II

CORONAVIRUS DISEASE 2019 (COVID - 19)
(TEMPORARY PROVISIONS) ACT

Arrangement of Sections

1. Short title, duration and extension of operation of the Act.

PART I
RELIEF FOR INABILITY TO COMPLY WITH PRESCRIBED TIME PERIODS

2. Relief in respect of inability to comply with prescribed time periods.

PART II
DESIGNATION OF ALTERNATIVE COURTS

3. Designation of alternative courts in place of courts affected by COVID - 19 circumstances.

PART III
CONDUCTING COURT PROCEEDINGS USING REMOTE COMMUNICATION TECHNOLOGY

4. Conducting court proceedings using remote communication technology.

PART IV
GENERAL

5. Limitations on relief under this Act.

6. Burden of proof.

7. Guidelines, &c. on any COVID -19 circumstance to be considered prima facie evidence.

8. Interpretation.

9. Sinhala text to prevail in case of inconsistency.

17 of 2021.

AN ACT to make temporary provisions in relation to situations where persons were unable to perform certain actions required by law to be performed within the prescribed time periods due to COVID - 19 circumstances; to assign alternative courts where a court cannot function due to COVID - 19 circumstances; to conduct court proceedings using remote communication technology to facilitate the control of coronavirus disease 2019 (COVID - 19); and for matters connected therewith or incidental thereto.

[Date of Commencement: 1st March, 2020]

1. Short title, duration and extension of operation of the Act.

(1) This Act may be cited as the Coronavirus Disease 2019 (COVID - 19) (Temporary Provisions) Act. The provisions of this Act shall be in operation for a period of two years commencing from March 1, 2020.

(2) The Minister may, at any time within one month prior to the expiration of the period of operation of this Act, by Order published in the Gazette, extend for a further period the operation of the Act:

Provided however, the aggregate period of any extension shall not exceed two years from the date of such extension.

part I
Relief for Inability to Comply with Prescribed Time Periods

2. Relief in respect of inability to comply with prescribed time periods.

(1) Where any court, tribunal or any other authority established by or under any law is satisfied that, a person was prevented from—

(a) instituting or filing any action, application, appeal or other legal proceeding, as the case may be, within the period prescribed by law for such purpose; or

(b) performing any act which is required by law to be
done or performed within a prescribed time period,

due to any COVID - 19 circumstance, it shall be competent for such court, tribunal or any other authority established by or under any law to allow, admit or entertain an action, application, appeal, other proceeding or act, referred to in paragraph (a) or (b), notwithstanding the lapse of the time period prescribed by law for such purpose and subject to the provisions of section 9, the period within which such person was subject to such COVID - 19 circumstance shall be excluded in calculating the said prescribed time period.

(2) Any relief granted under subsection (1) shall not apply in relation to any application or appeal—

(a) to which the following rules apply—

(i) the Supreme Court (Temporary Provisions) Rules, 2020 published in the Gazette Extraordinary No. 2174/4 of May 6, 2020;

(ii) the Supreme Court (Temporary Provisions) Rules, 2021 published in the Gazette Extraordinary
No. 2211/56 of January 21, 2021;

(iii) the Court of Appeal (Procedure for Appeals from High Courts established by Article 154P of the Constitution) (Temporary Provisions) Rules, 2020 published in the Gazette Extraordinary No. 2175/2 of May 12, 2020; or

(iv) the Court of Appeal (Procedure for Appeals from High Courts established by Article 154P of the Constitution) (Temporary Provisions) Rules, 2021 published in the Gazette Extraordinary No. 2211/56 of January 21, 2021;

(b) to which any Supreme Court Rule or Court of Appeal Rule as may be made under Article 136 of the Constitution within the period of operation of this Act, granting any exclusion of time period as a relief in respect of any COVID - 19 circumstance, apply.

PART II
Designation of ALTernative Courts

3. Designation of alternative courts in place of courts affected by COVID - 19 circumstances.

(1) Subject to the provisions of sections 46 and 47 of the Judicature Act, where the ordinary functioning of any court of first instance is disrupted due to any COVID - 19 circumstance, the Judicial Service Commission may designate the nearest court of concurrent jurisdiction as the alternative court in place of such court, for the period during which such COVID - 19 circumstance exists. Any action, prosecution, proceeding or matter filed in or considered by such court of first instance or any new action, prosecution, proceeding or matter filed, shall be considered or heard by the court so designated:

Provided however, no transfer of an action, prosecution, proceeding or matter referred to in this subsection shall be made where—

(a) any such court of first instance has reserved such action, prosecution, proceeding or matter for judgment, order or other pronouncement; or

(b) all hearings in such action, prosecution, proceeding or matter have been concluded before such court of first instance.