58. Provision for appeals from certain orders

Official English translation. The Sinhala text prevails.

(1)

No person aggrieved by any determination or decision made, direction issued, requirement imposed or purported to have been made, issued, or imposed under section 5 or section 12 or subsection (2) of section 25 or paragraph (b) of subsection (5) or sub section (6) of section 31 or section 34 or section 36 or section 37 or section 42 or section 51 or who apprehends that he would be affected by any act or any step taken, or proposed to be taken or purporting to be taken under any such section shall be entitled to a permanent or interim injunction, an enjoining order, a stay order or any other order having the effect of staying, restraining, or impeding the Board from giving effect to such order.

(2)

(a)

The jurisdiction conferred on the Court of Appeal by Article 140 of the Constitution shall in relation to any determination, decision, direction, or requirement or purported determination, decision ,direction, or requirement under sections referred to in subsection (1), be exercised by the

Supreme Court and not by the Court of Appeal.

(b)

Every application invoking the jurisdiction referred to in paragraph (a) shall be made within one month of the date of commission of the act in respect of which or in relation to which, such application is made and the Supreme

Court shall hear and finally dispose of such application within two months of the filing of such application.

(3)

Nothing contained in subsection (1) shall affect the powers which the Supreme Court may otherwise lawfully exercise in respect of any application made under Article 126 of the Constitution or in the exercise of the jurisdiction referred to in subsection (2).

(4)

The Supreme Court shall before making any order whether interim or final against the Board, in the exercise of the jurisdiction conferred on it by this section, afford the

Board an opportunity of being heard.

Part IX

General

Read on from Part IX