2.
| (1) Subject to the provisions of this Act, the Crown 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 : |
|
| (2) Where the Crown is bound by a statutory duty which is binding also upon persons other than the Crown and its officers, then, subject to the provisions of this Act, the Crown 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 Crown 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 Crown 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 Crown. |
|
| (4) Any written law which negatives or limits the amount of the liability of any officer of the Crown in respect of any delict committed by that officer shall, in case of proceedings against the Crown under this section in respect of a delict committed by that officer, apply in relation to the Crown as it would have applied in relation to that officer if the proceedings against the Crown had been proceedings against that officer. |
|
| (5) No proceedings shall lie against the Crown 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. |
|
|
Sri Lanka Consolidated Acts