Ordinances, ACT, and Statutes in Sri Lanka - what are these - A Brief

In Sri Lanka, “Acts,” “Ordinances,” and “Statutes” are distinct legislative terms tied to different historical periods and authorities. Acts are laws passed by Parliament, Ordinances are colonial-era laws enacted before independence, and Statutes are laws made by universities or provincial councils under delegated authority.

Key Terminology Differences

Term	Authority	Scope	Historical Introduction	Current Usage
Ordinance	Governor (colonial executive) with legislative council approval	Applied across Ceylon (Sri Lanka) during British rule	Introduced during the British colonial period (19th century), many ordinances date back to the late 1800s and early 1900s	Still in force if not repealed (e.g., Companies Ordinance, Evidence Ordinance)
Act	Parliament of Sri Lanka (post-independence legislature)	National laws covering broad areas (labour, finance, criminal law, etc.)	Began after the 1947 Soulbury Constitution and especially after independence in 1948; consolidated under the 1978 Constitution	Primary legislative instruments today (e.g., Labour Acts, Finance Acts)
Statute	Provincial Councils or Universities (delegated legislative bodies)	Limited to provincial or institutional matters	Introduced with the 13th Amendment (1987), creating Provincial Councils; also used in university governance	Used for localized governance (e.g., University Statutes, Provincial Council Statutes)

Historical Timeline

• Pre-1948 (Colonial Era):
• Laws were enacted as Ordinances under the British Crown.
• Examples: Evidence Ordinance (1895), Companies Ordinance (1932).
• These remain part of Sri Lanka’s legal framework unless repealed.
• 1948–1978 (Post-Independence, Parliamentary Acts):
• After independence, the legislature began passing Acts of Parliament.
• Acts replaced Ordinances as the main legislative form.
• Example: Industrial Disputes Act (1950).
• Post-1978 Constitution:
• Acts continued as the supreme legislative form under Parliament.
• Ordinances remained valid but were gradually updated or replaced.
• 1987 Onwards (Devolution):
• With the 13th Amendment, Provincial Councils were created.
• These bodies pass Statutes, which apply only within their province.
• Universities also issue Statutes under the Universities Act No. 16 of 1978.

Practical Notes

• Acts vs. Ordinances:
• Acts are modern, comprehensive, and debated in Parliament.
• Ordinances are colonial relics but still enforceable unless repealed.
• Statutes:
• More limited in scope, applying to institutions or provinces.
• They cannot override Acts of Parliament.
• Terminology Today:
• Acts dominate national lawmaking.
• Ordinances survive as historical laws still in force.
• Statutes are used in devolved or institutional contexts.

 

Several colonial-era ordinances are still in force in Sri Lanka today, alongside modern Acts of Parliament and Provincial Statutes. Ordinances like the Evidence Ordinance (1895), Penal Code Ordinance (1883), and Companies Ordinance (1932) remain foundational, even though newer Acts have supplemented or amended them.

Major Ordinances Still in Force

Here are some of the most significant ordinances that continue to shape Sri Lankan law:

Ordinance	Year Introduced	Purpose	Current Status
Penal Code Ordinance	1883	Defines criminal offences and punishments	Still in force, amended over time
Evidence Ordinance	1895	Governs the admissibility of evidence in courts	Still in force, widely applied
Companies Ordinance	1932	Regulates the incorporation and management of companies	Replaced in part by Companies Act No. 7 of 2007, but older provisions are still referenced
Age of Majority Ordinance	1865	Establishes legal adulthood at 18 years	Still in force
Adoption of Children Ordinance	1941	Provides a legal framework for adoption	Still in force, with amendments
Births and Deaths Registration Ordinance	1951 (colonial roots earlier)	Governs civil registration	Still in force
Buddhist Temporalities Ordinance	1931	Regulates temple property and administration	Still in force
Agricultural Produce (Grading and Marking) Ordinance	1925	Standards for agricultural produce	Still in force

 

Why Ordinances Still Matter

• Colonial Legacy: Ordinances were the legislative form under British rule. Many were drafted based on English law and Roman-Dutch law traditions.
• Continuity: At independence in 1948, Sri Lanka retained these ordinances unless explicitly repealed.
• Modern Amendments: Parliament often updates them through Acts, but the original ordinance framework remains.
• Legal Practice: Lawyers and judges still cite ordinances in case law, especially in criminal, evidence, and civil matters.

Evolution of Terminology

• Ordinances (Pre-1948): Colonial laws enacted by the Governor and Legislative Council.
• Acts (Post-1948): Laws passed by Parliament, now the dominant legislative form.
• Statutes (Post-1987): Laws passed by Provincial Councils or universities under delegated authority.

Sri Lanka’s legal system is a hybrid of colonial ordinances and modern Acts, with statutes adding a devolved layer. Ordinances like the Penal Code and Evidence Ordinance remain central, showing how colonial frameworks still underpin today’s law.

 

Ordinances Replaced by Acts

Ordinance	Replacement Act	Year of Replacement
Companies Ordinance (1932)	Companies Act No. 7 of 2007	2007
Factories Ordinance (1942)	Factories Act No. 45 of 1942 (later amendments)	Still partly in force but updated
Workmen’s Compensation Ordinance (1934)	Workmen’s Compensation Act No. 19 of 1934 (later absorbed into labour law reforms)	Updated

Sri Lanka’s legal system is a blend of colonial ordinances and modern Acts, with statutes adding a devolved layer. Ordinances like the Penal Code and Evidence Ordinance are “living fossils” of colonial law, while others like the Companies Ordinance have been fully modernized into Acts.

Dilakson.S