|
Short title.
|
1. This Ordinance may be cited as the Guides Ordinance.
|
|
Application of Ordinance.
|
2. This Ordinance shall apply to the towns and places mentioned in Schedule A but the Minister [1] may, by Order, [1] extend it to any other town or place. Every such Order [1] shall define the limits of such town or place, as the case may be, for the purposes of this Ordinance.
|
|
Interpretation.
|
3. In this Ordinance, unless the context otherwise requires-
|
|
“licensed guide” shall mean any guide who is registered and licensed under section 4 ;
|
|
|
” town” means each area which is declared, or deemed to have been declared, under section 2 of the Municipal Councils Ordinance to be a Municipality, and each town within the meaning of the Urban Councils Ordinance or of the Town Councils Ordinance ;
|
|
“place” shall include every area the limits of which have been defined1 under section 2 of this Ordinance ;
|
|
|
” proper authority ” means –
|
(a) in relation to the Municipality of Colombo, the Director, Government Tourist Bureau,
|
|
(b) in relation to any other town, the Municipal Council, Urban Council or Town Council of such town, and
|
|
|
(c) in relation to any place, the Government Agent or the Assistant Government Agent of the administrative district within which such place is situated.
|
|
|
Licensing of guides.
|
4, From and after the passing of this Ordinance every person plying for hire as a guide within any town or place shall be duly registered and licensed as hereinafter provided.
|
|
Register of licensed guides.
|
5.
|
(1) It shall be the duty of the proper authority to cause to be registered in a book to be kept for that purpose, and to be called ” The Register of Licensed Guides”, in numerical order, the name, description, and such other particulars as may be necessary for identification of every person applying to be licensed to be employed as a guide ; and the proper authority shall thereupon issue to such person a licence to be employed as aforesaid, which licence shall bear the registered number of the applicant and shall be in the form in Schedule B and shall be in force from the date of such licence until the thirtieth day of June then next following, and the date of such licence, together with the period for which it shall be granted, shall be registered in ” The Register of Licensed Guides “.
|
|
(2) Every licensed guide, so long as he desires to continue as such, shall apply to the proper authority to renew his licence on or before the thirtieth day of June in every year, and the proper authority shall thereupon issue to such licensed guide a renewal licence bearing date the first day of July of the then current year for the twelve months then next ensuing :
|
|
Provided, however, that the proper authority may in his discretion refuse to issue or renew any licence to any person or licensed guide applying therefor.
|
|
(3) Every such renewal or refusal shall be duly registered in the register.
|
|
|
Badges.
|
6. The proper authority shall cause to be delivered to each licensed guide a badge of uniform pattern, bearing thereon the number of his licence, the cost of which badge shall be paid by the person to whom the same is delivered, and it shall be the duty of every guide, when acting as such, to wear such badge exposed in a conspicuous manner, and in case the owner of such badge shall at any time satisfy the proper authority that such badge has been lost or destroyed, it shall be lawful for such proper authority to cause another badge to be delivered to such guide upon payment of the cost thereof.
|
|
Power of proper authority to make by laws.
|
7. By-laws for the government of licensed guides and for regulating the fees which may lawfully be demanded by them shall from time to time be prepared by the proper authority, which by-laws when approved by the Minister [1] and published in the Gazette shall have the effect of law ; and the proper authority shall have power to alter, amend, or cancel any such by-law, subject, however, to the approval of the Minister. [1]
|
|
Offences. Penalties.
|
8. Every licensed guide-
|
(a) who shall act as such without wearing his proper badge exposed in a conspicuous manner; or
|
|
(b) who shall use or exhibit any badge other than this own ; or
|
|
(c) who in the course of his employment shall use violent or abusive language to, or who shall threaten or molest, or by any means extort money from, any person; or
|
|
(d) who shall violate any by-law under the authority of this Ordinance ;
|
|
|
and every unlicensed person-
|
(e) who shall ply for hire as a guide ; or
|
|
(f) who shall use or exhibit a licensed guide’s badge or any badge resembling a licensed guide’s badge,
|
|
|
shall be guilty of an offence, and shall be liable on conviction to a penalty not exceeding twenty rupees, or to simple or rigorous imprisonment for any period not exceeding one month.
|
Power of proper authority to suspend or cancel licence.
|
9. If any licensed guide shall be convicted of any offence under this Ordinance, or is proved to the satisfaction of the proper authority to have been guilty of conduct or behaviour which in the opinion of the authority renders him unfit to be a licensed guide, the proper authority may, in addition to any penalty which may have been imposed upon the offender, suspend or cancel the licence of such guide, and any guide whose licence shall have been suspended shall for the purposes of this Ordinance during the period of such suspension be deemed an unlicensed person.
|
|
Proper authority to cause an entry to be made of the expiry, cancellation or suspension of a licence.
|
10. When the licence of any guide shall have expired and shall not have been renewed, or when it has been cancelled or suspended under the provisions of section 9, the proper authority shall cause an entry thereof to be made in the register, and the guide whose licence shall have expired and shall not have been renewed, or whose licence shall have been cancelled or suspended, shall forthwith deliver up to the proper authority his licence and badge ; and it shall be the duty of such proper authority to return to the person whose licence shall have expired and shall not have been renewed, or whose licence shall have been cancelled, the original cost of such badge, and to return to the person whose licence has been suspended his licence and badge when his period of suspension has expired ; and any licensed guide who shall neglect or refuse to deliver up his licence and badge as required by this section shall be guilty of an offence, and liable on conviction to a penalty not exceeding twenty rupees, or to simple or rigorous imprisonment for any period not exceeding one month.
|
Fees on licences and their disposal.
|
11. It shall be lawful for the proper authority to levy in respect of every licence issued or renewed by him under this Ordinance a fee not exceeding twenty-five rupees, whether such licence has been issued or renewed for the full period of twelve months or only for part thereof ; such fees shall in the case of towns be paid into the fund of such town, and accordingly the fees so levied by the proper authority in respect of the Municipality of Colombo shall when recovered be paid into the Municipal Fund of the Colombo Municipal Council; and such fees in the case of other places shall be paid into the Consolidated Fund.
|
|
Power of Mayor or Chairman of proper authority.
|
12. All powers and duties by this Ordinance vested in and imposed on the proper authority may in the case of any town be exercised and performed by the Mayor of the Municipal Council, or the Chairman of the Urban Council or Town Council of such town, and in such case all documents and instruments under the hand of the Mayor, Chairman or secretary of such Council shall, for the purposes of this Ordinance, be deemed to have been issued by the proper authority.
|
Schedules
|
