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Legal Services Home  >   Laws   >   Tourism   >   Misc   >   Ceylon Tourist Board

Ceylon Tourist Board

CEYLON TOURIST BOARD

AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF A PUBLIC AUTHORITY KNOWN ASTHECEYLONTOURISTBOARDFORTHEENCOURAGEMENT,
PROMOTION AND DEVELOPMENT OF TOURIST TRAVEL TO OR IN OR FROM SRI LANKA, AND OF ADFQL'ATF. EFFICIENTANDATTRACTIVETOURIST
SERVICES, AND FOR MATTERS CONNECTED I HEREWITH OR INCIDENTALTHERETO.

Act Nos,
10 of 1966
14 of 1968
[1st May , 1966 ]

Short title.
1This Act may be cited as the Ceylon Tourist Board Act.

PART I

CEYLON TOURIST BOARD

Ceylon Tourist the Board.
2.There shall be established a public authority which shall be called the Ceylon Tourist Board, and whichshallconsist
of the persons who are for the time being members of that Board under section 6.

The Board to be a body corporate-
3.The Board shall, by the name assigned to it by section 2, be a body corporate and shall have perpetualsuccessionand
a common seal and may sue and be sued in that name.

The objects of the Board.
4.The objects of the Board shall be-
(a) the encouragement, promotion and development of tourist travel
(b) the encouragement, promotion and development of adequate, efficient and attractive tourist servicesand
(c) the doing of all such acts or things as may be necessary for, or conducive to,theattainmentoftheobjects
specified in paragraphs (a) and (b) of this section.

The manner in which objects of the board are to be attained.
5.For the purpose of the attainment of its objects, the Board may exercise, discharge and perform thepowers,functions
and duties conferred or imposed on the Board by or under this Act or any other written law.

Constitution of the Board
6.(1)The Board shall consist of seven members appointed by the Minister-
(a)one of whom shall be a public officer nominated, by name or by office, by theMinisterinchargeofthe
subject of Finance and
(b)another of whom shall be a public officer nominated, by name or by office,bytheMinistertowhomthe
subject or function of Local Government is assigned by the Presidentand
(c)the other five of whom shall be persons so appointed by the Minister.
(2) The Minister shall appoint one of the members of the Board, not being a member referred to inparagraph(a)or
paragraph (b) of subsection (1), to be the Chairman of the Board.
(3) A person shall be disqualified for being appointed, or for continuing, as a member of the Board-
(a)if he is or becomes a Member of Parliamentor
(b)if he is or becomes the owner, a partner, a director, a major shareholderoranemployeeoforinany
business which operates or provides tourist services of any class or description.
(4) Any person who is appointed by the Minister, or whom the Minister proposes to appoint, as a member oftheBoard
shall, whenever requested so to do, furnish to the Minister such information as the Ministerconsidersnecessaryfor
ensuring compliance with the provisions of subsection (3) (b).
(5) A member of the Board who is in any way, directly or indirectly, interested in any contract made orproposedto
be made by the Board shall disclose the nature of his interest at a meeting of the Board, and such disclosure shallbe
recorded in the minutes of the Board, and the member shall not take part in any deliberation or decision oftheBoard
with regard to that contract.
(6) The Minister may, if he thinks it expedient to do so, remove, by Order published in the Gazette,anymemberof
the Board from office without reason stated.
(7) A member of the Board in respect of whom an Order under subsection (6) is made by the Minister shallvacatehis
office on the date of the publication of such Order in the Gazette.
(8) A member of the Board may at any time resign his office by letter addressed to the Minister.
(9) If the Chairman or any other member of the Board is temporarily unable to discharge the duties of hisofficeon
account of ill health or absence from Sri Lanka or for any other cause, the Minister may,havingdueregardtothe
provisions of subsection (I), appoint some other person to act in his place as the Chairman or as a member.
(10)Every member of the Board shall, unless he earlier vacates office by death, resignation or removal,holdoffice
for a period of five years. Any member of the Board who vacates office shall be eligible for reappointment.
(11)No act or proceeding of the Board shall be deemed invalid by reason only of the existence of any vacancyamongst
its members or any defect in the appointment of a member thereof.

Application of the seal of the Board.
7.(1)The seat of the Board shall be in the custody of the Board.
(2) The seal of the Board may be altered in such manner as may be determined by the Board.
(3) The application of the seal of the Board shall be authenticated by the signature of the Chairman of the Boardor
some other member of the Board authorized by the Board to authenticate the application of such seal, and of the officer
of the Board who is designated the Secretary of the Board or some other officer of the Board authorized by name bythe
Board to act in his stead in that behalf.

Remuneration of members of the Board.
8.The members of the Board shall be remunerated in suchmannerandatsuchrates,andshallbesubjecttosuch
conditions of service, as may be determined by rules made under this Act.

The Chairman of the Board.
9.(1)The Board may delegate to the Chairman any of its powers, functions ordutiesunderthisActoranyother
written law.
(2) In the exercise, discharge or performance of the powers, functions or duties conferredorimposedonhim,or
delegated to him, under this Act or any other written law, the Chairman of the Board shall be subject to the general or
special directions of the Board.
(3) The Chairman of the Board may, with the approval of the Board, delegate to any member of the staff oftheBoard
any of his powers, functions or duties under this Act or any other written law, whether conferredorimposedonhim
expressly or by way of delegation
Provided, however, that the Chairman of the Board shall not exercise the power of delegation conferred onhimbythe
preceding provisions of this subsection in respect of any power, function or duty conferred or imposed on him by way of
delegation by any other person or authority except with the prior approval of such other person or authority.

Presidency at meetings
10. The Chairman of the Board shall preside at all meetings of the Board. In the absence of the Chairman fromanymeeting
of the Board, the members present shall elect one of their number to preside at the meeting.

Meetings of the Board,
11. Rules may be made under this Act in respect of the meetings of the Board, and the quorum for, and the proceduretobe
followed at, such meetings.

Head office of the Board.
12. The head office of the Board shall be Colombo in Sri Lanka.

Branches and agencies.
13. The Board may establish and maintain agencies or branches in Sri Lanka or elsewhere.

Minister's directions to the Board.
14. (1) In the exercise, discharge and performance of its powers, functions and duties, the Board shallbesubjectto,
and act in accordance with, such general or special directions as the Minister may, from lime to time, issue.
(2) The Minister shall, in issuing directions under subsection (1) with regard to any matter affecting thefunctions
of any other Minister,in consultation with that Minister.

Members of the Board deemed to be public servants
15.All members of the Board shall be deemed to be public servants within the meaning and for the purposesofthePenal
Code,

PART II

STAFF AND DEPARTMENTS OF THE BOARD

Staff of the Board.
16. (1)The staff of the Board may consist of the following :-
(a)a Director-General of Tourism and
(b)such other officers and servants as the Board may deem necessary for the properandefficientconductof
the business of the Board.
(2) Subject to the other provisions of this Act, the Board-
(a)may appoint, dismiss, and exercise disciplinary control over, the staff of the Board
(b)may fix the wages or salary or other remuneration of such staff
(c) may determine the terms and conditions of the service of such staffand
(d)may establish and regulate provident fundsorschemesforthebenefitofsuchstaff,andmaymake
contributions to any such fund or scheme.
(3) Rules may be made under this Act in respect of all or any of the matters referred to in subsection (2).

Departments of the Board-
17. (1) The Board may establish and maintain such number of departments as it maydeemnecessaryfortheproperand
efficient conduct of its business.
(2) Each department of the Board shall be responsible fortheadministrationandconductofsuchpartofthe
business of the Board as may be determined by the Board.
(3) The head of each department of the Board, and the other members of thestaffoftheBoardattachedtothat
department, shall exercise, discharge and perform such powers, functions and duties as may be determined by the Board.
(4) Rules may be made under this Act in respect of all or any of the matters referred to in the precedingprovisions
of this section.

Appointment of certain classes of officers and servants to the staff of the Board.
18. (1) At the request of the Board. any officer in the public service may, with the consentofthatofficerandthe
Secretary to the Treasury, be temporarily appointed to the staff of the Board for such period as may bedeterminedby
the Board with like consent or be permanently appointed to such staff.
(2) The provisions of subsection (2) of section 9 of the MotorTransportAct.No.48of1957*,shall,mutatis
mutandis, apply in relation 10 any officer in the public service who is temporarilyappointedtothestaffofthe
Board, and the provisions of subsection (3) of the aforesaid section 9 shall, mutatis mutandis, applyinrelationto
any officer in the public service who is permanently appointed to such staff. [* Repealed by Law No. 19 of 1978]
(3) Where the Board employs any person who has entered into a contract with the Government by which he has agreedto
serve the Government for a specified period, any period of service to the Board by that personshallberegardedas
service to the Government for the purpose of discharging the obligations of such contract.
(4) At the request of the Board, any officer or servant of the Local Government Service orofanylocalauthority
may, with the consent of that officer or servant and of the Local Government Service Advisory Board or thatauthority,
as the case may be, be temporarily appointed to the staff of the Board for such period asmaybedeterminedbythe
Board with like consent, or be permanently appointed to that staff, onsuchtermsandconditions,includingthose
relating to pension or provident fund rights, as may be agreed upon by theBoardandthatAdvisoryBoardorthat
authority.
(5) Where any officer or servant of the Local Government Service or of any local authority istemporarilyappointed
to the staff of the Board, he shall be subject to the same disciplinary control as any other member of that staff.

Members of the staff of the Board deemed to be public servants.
19. All members of the staff of the Board shall be deemed to be public servants within the meaning and for the purposesof
the Penal Code.

PART III

FINANCE AND ACCOUNTS

The Fund of the Board.
20. (1) The Board shall have its own Fund.
(2) There shall be paid into the Fund of the Board-
(a)all such sums of money as may be voted by Parliament for the use of the Board
(b)all sums of money received by the Board in the carrying on of its business orintheexercise,discharge
and performance of its powers, functions and duties under this Act or any other written lawand
(c)all such sums of money as are required to be paid into such Fund by or under this Act.
(3) There shall be paid out of the Fund of the Board all sums of money required to defrayanyexpenditureincurred
by the Board in the carrying on of its business or in the exercise, discharge and performance of its powers,functions
and duties under this Act or any other written law, and all such sums of money as are required to be paid outofsuch
Fund by or under this Act.

Accounts of the Board and financial year.
21. (1) The Board shall cause its accounts to be kept in such form and manner as may be determined by the Board.
(2) The books and accounts of the Board shall be kept at the head office in Colombo.
(3)The financial year of the Board shall be as determined by the Board.
(4) Rules may be made under this Act in respect of all or any of the matters referred to in subsections (1) and (3).

Audit of accounts of the Board. [ 106,14 of 1968]
22. (1) The accounts of the Board shall be audited annually by a qualified auditor (hereinafterreferredtoas"the
auditor")appointed by the Minister on the advice of the Auditor-General. The auditor shallreceivesuchremuneration
from the Fund of the Board as the Minister may determine with the concurrence of the Minister in charge of thesubject
of Finance.
(2) The Auditor-General shall have the power-
(a)to direct the manner in which the Board's accounts shall be audited by the auditor and to givetheauditor
instructions in regard to any matter relating to the performance of his functions as the auditor
(b)to conduct a supplementary or additional audit of the Board's accounts by suchpersonorpersonsasthe
Auditor-General may authorize in that behalf, and for the purposeofsuchaudit,torequireinformationor
additional information to be furnished to any person so authorized, on such matters, by such personorpersons,
and in such form, as the Auditor-General may, by special order, direct.
(3)For the purposes of this section, the expression " qualified auditor " means-
(a) an individual who, being a member of the Institute of Chartered Accountants of Sri Lanka, or ofanyother
Institute established by law, possesses a certificate to practice as an Accountant issued by the Council ofsuch
Instituteor
(b)a firm of Accountants each of the resident partners of which, being a member of the InstituteofChartered
Accountants of Sri Lanka or of any other Institute established by law, possesses a certificate to practice asan
Accountant issued by the Council of such Institute.

Auditor's report, [106,14 of 1968]
23. (1) The auditor shall examine the accounts of the Board and furnish a report stating-
(a)whether he has or has not obtained all the information and explanations required by him
(b)whether the balance sheet and accounts referred to in the report are properly drawn up so astoexhibita
true and fair view of the affairs of the Board.
(2) The auditor shall submit a copy of his audit report to the Auditor-General who shall have therighttocomment
upon, or supplement, the auditor's report in such manner as the Auditor-General may think fit.
(3) The Auditor-General shall transmit the audit report, together with his commentsupon,orsupplementto,such
report to the Board.

Powers of the Auditor- General and the auditor. [ 106, 14 of 1968]
23A.The Auditor-General and the auditor shall have access to all suchbooks,deeds,contracts,accounts,vouchersand
other documents of the Board as the Auditor-General may consider necessary for the purpose of the auditandshallbe
furnished by the members or officers of the Board with such information within their knowledge as may berequiredfor
such purpose.

Annual accounts with the auditor's report and a report of the annual activitiesoftheBoardtobetransmittedtothe
Minister.
[106, 14 of 1968]
24. The Board shall, on the receipt of the auditor's report each year, transmit such report together withtheprofitand
loss account and the balance sheet to which the report relates, together with the Auditor-General's comments(ifany)
upon, and his supplements (if any) to, the auditor's report, and a statement by the Board of its activities duringthe
financial year to which such report relates, to theMinisterwhoshallcausecopiesthereoftobelaidbefore
Parliament before the end of the year next following the year to which such report and accounts relate.

Exemptions from customs duty.
25. Notwithstanding anything in any other written law, the Principal Collector of Customs may, withthesanctionofthe
Secretary to the Treasury, waive the customs duty on articles imported by the Board for any of its purposes.

Exemption from income tax. [106,14 of 1968]
25A.Notwithstanding anything in any other written law, the Board shall be exempt from the payment of incometaxuponthe
profits and income of the Board.

PART IV

SPECIAL POWERS AND DUTIES OF THE BOARD

Power of the Board to do anything necessary for, or conducive to, the attainment of its objects.
26. (1) The Board shall have power to do all such actsorthingsasmaybenecessaryfor,orconduciveto,the
attainment of its objects.
(2) The succeeding provisions of this Act shall be without prejudice to the generality ofthepowersconferredby
subsection (1).

Special powers of the Board relating to the attainment of its objects.
27. (1)The Board shall have all or any of the following powers :-
(a) to establish, maintain and operate adequate, efficient and attractive tourist services, andtomakesuch
services available to other persons engaged in the promotion or development of tourist travel
(b)subject to the provisions of subsection (2), to assist financially or otherwise any local authority,Stale-
sponsored corporation, Government Department, and by way of loan to any person or other body of persons(whether
corporate or unincorporate) operating or maintaining any tourist service, for the purpose ofdoinganyactor
thing which is necessary for, or conducive to, the attainment of the objects of the Board
(c)to engage, and to co-operate with tourist, travel and other agencies, in thedisplayanddistributionof
exhibits and graphic materials designed to call attention to the attractions and places of interest in Sri Lanka,
and in the collection, publication, and dissemination of information with respecttotheplacesofinterest,
routes, transportation facilities, tourist services and such other matters as the Board deems necessaryforthe
attainment of its objects (d) to train, or assist financially the training of, persons to doworkwhichis
wholly or mainly connected with tourist travel and tourist services
(e)to levy fees or other charges for services, facilities or equipment provided by the Board and
(f)to adopt all such other measures as the Board considers advantageous for the purpose oftheattainmentof
its objects.
(2) Financial assistance may be given by the Board, with the prior approval of the Minister, by wayofgrant,loan
or otherwise and subject to such terms or conditions as may be determined by the Board.

Special duties of the Board.
28. (1) It shall be the duty of the Board-
(a)either of its own motion or at the request of the Minister to advise him onallmattersrelatingtothe
development of tourism
(b) to advise tourist, travel and other agencies with regard to the development of tourism
(c)to prepare and submit to the Minister for the guidance of,andimplementation(whetherwithorwithout
modification) by statute by, the Minister of all such general or special tourist schemes as may be necessary for,
or conducive to, the attainment of the objects of the Board, and in particular,butwithoutprejudicetothe
generality of the preceding provisions of this paragraph, in respect of all or any of the following matters:-
(i) the establishment, regulation, supervision, development and control of tourist resorts
(ii)the regulation, supervision, development and control of tourist servicesand
(iii) the regulation, supervision and control of the employment of persons in oraboutthebusiness
of tourist servicesand
(d)to formulate for the guidance of the Minister and tourist, travel and other agencies,anationalplanor
policy setting out in outline general proposals for theregulation,supervision,developmentandcontrolof
tourism.
(2) A tourist scheme prepared by the Board under this Act may contain all such provisions as maybenecessaryfor,
or conducive to, the attainment of the objects of the Board in regard to the matters to which such scheme relates.
(3) Nothing in this section shall be construed as imposing on the Board, either directly or indirectly, anyformof
duty or liability enforceable by proceedings before any court or tribunal to which the Boardwouldnototherwisebe
subject.

Power of the Board to make orders.
29. (1) The Board may, from time to time, make Orders in respect of all or any of the following matters -"
(a)all matters necessary for, or incidental to, or connected with, the introduction, operation andenforcement
of schemes for the regulation and control of the rates of fees or charges that may beleviedandrecoveredin
respect of tourist services generally, or tourist services of any class ordescription,orparticulartourist
services of any class or description
(b)all matters necessary for, or incidental to, or connected with, the introduction, operation andenforcement
of schemes for the registration of tourist services generally, or tourist services of any classordescription,
so long as such services are established, maintained and operated in conformity or compliancewiththeminimum
standards or provisions specified or contained in the Order for the purpose of ensuring thatanysuchservices
are adequate, efficient and attractive, and in particular,butwithoutprejudicetothegeneralityofthe
preceding provisions of this paragraph, the circumstances in which such registration may be grantedorrefused,
or suspended or cancelled or
(c)all matters necessary for,orincidentalto,orconnectedwith,theintroduction,operationand,
enforcement of schemes for the registration by the Board of persons who are fit and suitableforemploymentin
tourist services generally, or tourist services of any class or description, by reason of the fact that they have
had such training, or possess such qualifications, or are not subject to such disabilitiesordisqualifications
as may be specified in the Order with a view to ensuring that the persons so employed in any such servicesshall
be fit and suitable for such employment, and in particular, butwithoutprejudicetothegeneralityofthe
preceding provisions of this paragraph, the circumstances in which such registration may be grantedorrefused,
or suspended or cancelled.
(2) Any Order made undertheprecedingprovisionsofthissectionmayprovidefortheprohibitionofthe
establishment, maintenance or operation of any tourist service unless such service is registered by the Boardandany
person aggrieved by such Order shall have the right of appeal to a tribunal appointed by the Minister,
(3) No Order made under the preceding provisions of this section shall come into force until it isapprovedbythe
Minister, confirmed by Parliament and published in the Gazette.
(4) Every Order made under* theprecedingprovisionsofthissectionshall,uponitscomingintoforceas
hereinbefore provided, be as valid and effectual as if it were herein enacted.
(5) In the event of any conflict or inconsistency between the provisionsofanyOrdermadeunderthepreceding
provisions of this section and the provisions of any other subsidiary legislation, the provisions of suchOrdershall
prevail over the provisions of such subsidiary legislation.
(6) For the purposes of this section, the expression " subsidiary legislation " means any by-law,regulation,rule,
order, notification or other provisions having the effect of law and made by a person by virtue of the powerconferred
on him by any written law.
PART V

GENERAL POWERS OF THE BOARD

Power to hold, lake.c, property.
30. The Board shall have power to acquire, hold, take or give on lease or hire, mortgage,pledgeandsellorotherwise
dispose of, any immovable or movable property.

Powers of the Board in relation to members of its staff and the administration of its business.
31. The Board shall have alt or any of the following powers :-
(a) to provide welfare and recreational facilities, houses, hostels and other like accommodation for themembersof
the staff of the Board
(b) to do anything for the purpose of advancing the skill of members of the staff of the Board or theefficiencyof
the equipment of the Board or the manner in which that equipment is operated, including the provision by the Board, and
the assistance of the provision by others, of facilities for training persons required to carry outtheworkofthe
Board
(c) to construct, manufacture, purchase, maintain and repair anything required for the purposeofthebusinessof
the Board
(d) to delegate to any member of. the staff of the Board, or to any member of the Board, any such power, functionor
duty of the Board as the Board may consider necessary so to delegate for the efficient transaction of business
(e) to make rules in respect of the administration of the affairs of the Boardand
(f) to do all such other acts or things which, in the opinion of the Board, are necessary tofacilitatetheproper
carrying on of its business.

Power of the Board to enter into contracts,
32. (1) For the purpose of the exercise, discharge or performance of its powers,functionsorduties,theBoardmay
enter ampc. into and perform all such contracts as may giving such consent shall be recorded by the be necessaryfor
that purpose.
(2) The Board may establish its own branches or agenciesforthepurposeofanyworkofplanning,designing,
construction or operation, or make contracts or other arrangements for such purposes with Government Departments, local
authorities, or research institutions, or other persons (whether in or outside Sri Lanka),

Power of the Board to compound claims.
33. The Board may compound any claim or demand made against the Board for such sum or other compensation as theBoardmay
deem sufficient.

Powers to borrow.
34(1) It shall be lawful for the Board, subject to the approval of the Minister, to borrow from the Governmentorany
person or persons such sum or sums of money as may be necessary for any of the purposes of the Board.
(2) Every loan raised by the Board shall be subject to such rate or rates of interest and to such conditions forthe
repayment thereof as may be approved by the Minister.
(3) For the purpose of securing the repayment of any sumorsumsborrowedbytheBoardandinterestaccruing
thereon, the Board may mortgage or assign to the lender or lenders by or on whose behalf such sum or sums oranypart
thereof may be lent, any property belonging to the Board or any other sums of money accruing to the Board.

Compounding of offences.
35. (1) The Board may.-
(a)if no prosecution for an offence under this Act is actually pending, compound such offencesor
(b)if a prosecution for such offence is actually pending,compoundsuchoffencewiththeconsentofthe
Magistrate,
for such sum of money as the Board may deem sufficient, being a sum of money which is not less than,orisnotmore
than double, the maximum amount of the fine which may be imposed for that offence under this Act:
Provided, however, that where any such offence is compounded by the Board with the consent of a Magistrate thereasons
for
(2) The compounding of an offence under this section shall have the effect of an acquittal of the accused.

PART VI

GENERAL

Protection for action taken lie under his Act,c, or on the direction of the Board.
36. (1) No suit or prosecution shall
(a)against the Board for any act which in good faith is done or purports to be done bytheBoardunderthis
Act, or any Order made thereunder,
(b)against any member, officer, servant or agent of the Board for any actwhichingoodfaithisdoneor
purports to be done by him under this Act or any Order made thereunder, or on the direction of the Board.
(2) Any expense incurred by the Board in any suit or prosecution brought by or against theBoardbeforeanycourt
shall be paid out of the Fund of the Board, and any costs paid to, or recovered by, theBoardinanysuchsuitor
prosecution shall be credited to the Fund of the Board.
(3) Any expense incurred by any such person as is referred to in paragraph (b) ofsubsection(1)inanysuitor
prosecution brought against him before any court in respect of any act which is done or purportstobedonebyhim
under this Act or any Order made thereunder, or on the direction of the Board shall, if the court holdsthattheact
was done in good faith, be paid out of the Fund of the Board.

No writ to issue against member of the Board.
37. No writ against person or property shall issue against a member of the Board in -any action brought against the Board.

Effect of certain documents.
38. Every document purporting to be an instrument issued by the Board and to be sealed as required by thisActortobe
signed by or on behalf of the Board shall be received in evidence and bedeemedtobesuchaninstrumentwithout
further proof until the contrary is shown.

Fines and penalties to be paid into the Fund of the Board.
39. The amount of all fines and penalties paid or recovered under this Act shall be paid intotheFundoftheBoard:
Provided, however, that any sum of money for which an offence under this Act is compounded by the Board shallbepaid
by the Board to such charity as may be determined by the Board.

The Board deemed to be a scheduled institution within the meaning of the Bribery Act.
40. The Board shall be deemed to be a scheduled institution within the meaning of the Bribery Act, andtheprovisionsof
that Act shall be construed accordingly.

Returns and information.
41. The Board or any person authorized in that behalf by the Board, may by notice require anypersontofurnishtothe
Board or the person so authorized, within such period as shallbespecifiedinthenotice,allsuchreturnsor
information relating to all such matters as may be necessary to enable the Board to prepare touristorotherschemes
under this Act and as are within the knowledge of that person.

Powers of entry,c.
42. The Board or any person authorized in that behalf by the Board may, for the purpose of the preparation ofanytourist
scheme or of the exercise or performance of the powers or duties conferred or imposed ontheBoardunderthisAct,
enter upon or into any land or structure situated in the area for which that scheme is to be made, andmaymakesuch
inspections, surveys, examinations or inquiries as may be necessary for any such purpose.

Service of notices,c.
43. (1) Any notice, order, instrument or other document required under this ActoranyOrdermadethereundertobe
served on any person may be served-
(a)by delivering it to that person or
(b)by leaving it at the usual or last known place ofabodeofthatperson,or,inthecaseofabody
corporate, at the office of that bodyor
(c)by sending it by registered post addressed to that person at his usual or last known place of abode, or,in
the case of a body corporate, to the office of that body.
(2) Any document which is served in accordance with the provisions of subsection (1) shall bedeemedtohavebeen
duly served on the person to whom it is addressed.

Power of companies,c, to enter into contracts
44. Any local authority or other body of persons (whether corporate or unincorporate) may, notwithstanding with theBoard,
anything to the contrary in any written law or instrument relating to its functions, enter into andperformallsuch
contracts with the Board as may be necessary for the exercise, discharge or performance ofthepowers,functionsor
duties of the Board.

Contracts.
45. (1) Contracts on behalf of the Board may be made as follows-
(a)a contract which if made between private persons would be by law required to be in writing, may bemadeon
behalf of the Board in writing under the common seal of the Board
(b)a contract which if made between private persons is by law required to be in writing, signed by theparties
to be charged therewith, may be made on behalf of the Board in writing signedbyanypersonorpersonsduly
authorized thereto as hereinafter providedand
(c)a contract which if made between private persons would by law be valid although made by parol onlyandnot
reduced into writing, may be made by parol on behalf of the Boardbyanypersonorpersonsdulyauthorized
thereto as hereinafter provided.
(2) A contract made according to this section shall be effectual in law and shall bindtheBoardandallparties
thereto and their legal representatives.
(3) A contract made according to this section may be waivedordischargedinthesamemannerinwhichitis
authorized by this section to be made.

Use of certain words and doing of certain acts or things prohibited.
46. (1) No person who is not registered by the Board under this Act as fit and suitable foremploymentinanytourist
service,-
(a)shall use any name, title, addition or descriptionor
(b)shall do any act or thing.
implying or calculated to imply, or giving or calculated to give the impression, that he is so registered.
(2) No person shall, in or in connexion with the operation of any tourist services,-
(a)use any name, title, addition or descriptionor
(b)do any act or thing,
implying or calculated to imply, or giving or calculated to give the impression, that suchserviceisregisteredor
approved by the Board, unless such service is so registered or approved, as the case may be.

Power to make rules-
47. (1)The Board may make rules in respect of all or any matters for which rules are authorizedorrequiredbythis
Act to be made.
(2) No rule made by the Board under this Act shall have effect until it has been approved by the Minister.

Power of Minister to make Orders.
48. (1) The Minister may from time to time, by Order published in the Gazette, declare that any service of anyclassor
description specified in the Order, being a service providing, or intended to or capable of providing, touristtravel,
or accommodation or refreshment or amusements or sports, or other facilities or attractions of any kind whatsoever,to
tourists, shall be a tourist service for the purposes of this Act.
(2) The Minister may from time to time, by Order published in the Gazette, transfer the controlofanyresthouse
to, and vest such control in, such person as may be specified in the Order.
(3) Every Order made under the preceding provisions of this section shall comeintoforceuponthedateofits
publication in the Gazette or on such later date as may be specified therein.
(4) Every Order made undertheprecedingprovisionsofthissectionshall,uponitscomingintoforceas
hereinbefore provided, be as valid and effectual as if it were herein enacted-
(5) Any Order made under subsection (2) shall have effect notwithstanding anything in theResthousesActorany
Order made thereunder.

Offences.
49. (1) Every person who-
(a)knowingly makes any false or incorrect statement in anyapplication,returnorotherdocumentmadeor
furnished under or for the purposes of this Act or of any Order made thereunderor
(b)fails or refuses to furnish any information or return required by this Act, or anyOrdermadethereunder,
to be furnished by him
(c)resists or obstructs any person in the exercise, discharge or performance of anypower,functionorduty
conferred or imposed upon that person by or under this Act, or any Order made thereunder, shall be guiltyofan
offence.
(2) Every person who contravenes any provision of any Order made underthisAct,otherthananysuchprovision
relating to any matter or thing referred to in subsection (1), shall be guilty of an offence.

Penalties for offences.
50. Every person who commits an offence under this Act shall, on conviction after summary trialbeforeaMagistrate,be
liable to a fine not exceeding five hundred rupees.

No proceedings except with written sanction of the Board.
51.No prosecution for an offence under this Act shall be instituted in any court except with the written sanction ofthe
Board.

Offences by bodies of persons.
52.Where an offence under this Act is committed by a body of persons, then,-
(a) if that body of persons is a body corporate, every director and officer of that body corporateor
(b) if that body of persons is a firm, every partner of that firm,
shall be deemed to be guilty of that offence :
Provided, however, that a director or an officer of such body corporate, or a partner of such firm, shall not be deemed
to be guilty of such offence if he proves that such offence was committed without his knowledge orthatheexercised
all due diligence to prevent the commission of such offence.

Repeal of Guides Ordinance.
53. The Guides Ordinance* is hereby repealed with effect from such date as the Minister may appoint byOrderpublishedm
the Gazette. Until the date of such repeal, the reference in the definition of " proper authority "insection3of
that Ordinance to the Director, Government Tourist Bureau, shall be deemed to be a reference to the Director-General of
Tourism. [*See List of enactments omitted from the Revised Edition]

Interpretation,
54.In this Act, unless the context otherwise requires-
" Fund " means the Fund of the Board
" local authority " includes any Municipal Council, Urban Council, Town Council or Village Council
"Minister" means the Minister to whom the subject or function of tourism has been assigned by the President
" the Board " means the Ceylon Tourist Board established under this Act
" resthouse " means a public resthouse, and includes any premises appertaining toanyresthouse,andanyambalama,
maddum or other public buildings for the shelter of travellers
"tourist" means a person traveling to, from, or in, Sri Lanka, whether or not such person is a resident of Sri Lanka
"tourist scheme " means a tourist scheme prepared by the Board under this Act
"tourist service " means a service of any class or description declared to be a tourist serviceforthepurposesof
this Act by any Order made by the Minister under this Act, and the expression " tourist services " shallbeconstrued
accordingly
" tourist travel" means tourist travel to, in or from. Sri Lanka.




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