TOURIST DEVELOPMENT

(1) Where the acquisition of any land is necessary so as to make it available to the Board for the purpose of any tourist development project, whether such project is to be carried out by the Board or by any other person under the general direction and control of the Board,, and the Minister by Order published in the Gazette approves the proposed acquisition so as to make such land so available,”

(2) Where any land is, in pursuance of subsection (I), acquired under the Land Acquisition Act so as to be made available to the Board for the purpose of any tourist development project, the acquiring officer of the district in which that land is situated shall, after possession of that land has been taken for and on behalf of the State, by a certificate issued under his hand, vest that land in the Board, subject to such conditions or restrictions, if any, as may be specified in the certificate.

(3) The expression ” public corporation ” in section 49A of the Land Acquisition Act shall be deemed to include the Board and that expression shall, for the purposes of that Act, be construed accordingly.

(4) Where any land in any area is, in pursuance of the provisions of this Part, acquired under the Land Acquisition Act for the purpose of being made available to the Board for any tourist development project, then, notwithstanding anything to the contrary in the Land Acquisition Act, in ascertaining the market value of the land for the purpose of determining the compensation payable in respect of that land, no account shall be taken of any benefit or increase in value which has accrued or of any expectation of any benefit or increase in value likely to accrue, directly or indirectly, from any work of development or any other operation carried out by the Board, the Government or any Resort Authority in pursuance of the provisions of this Act.

(a) the purpose of that project shall be deemed to be a purpose for which a special grant or a lease of such land may be made to the Board under section 6 of the State Lands Ordinance, and accordingly, the provisions of that Ordinance shall apply to a special grant or lease of such land to the Board for the purpose of that project; and

(b) accordingly, no such special grant or lease shall be deemed to have been, and to be, invalid, by reason only of the fact that such land is subsequently alienated to any other person for the purpose of that project under and in accordance with the provisions of this Act.

(1) Notwithstanding anything in the State Lands Ordinance or in any other written law, where the Minister certifies that any State land is required to be made available to the Board for the purpose of any tourist development project, whether such project is to be carried out by the Board or by any other person under the general direction and control of the Board, the Minister may, with the concurrence of the Minister to whom the subject or function of State Lands has been assigned by the President under the Constitution, by Order (hereafter in this Act referred to as a ” vesting Order”) published in the Gazette, vest such land in the Board, with effect from such dale as shall be specified in the Order, subject to such restrictions or conditions, if any, as may be so specified-

(2) A vesting Order shall have the effect of giving the Board absolute title to any land specified in the Order with effect from the date specified therein and free from all encumbrances.

(3) The vesting of any State land in the Board shall not be deemed to convey any right to any mineral, mineral product or mineral oil in, upon or under that land, unless otherwise expressly provided in the instrument of alienation and save as otherwise so expressly provided, any such mineral, mineral product and oil shall, notwithstanding any such vesting, be deemed to remain and shall remain the absolute property of the State.

(1) The Minister may, with the concurrence of the Minister to whom the subject or function of State Lands has been assigned by the President under the Constitution, by Order published in the Gazette, vest in the Board the administration, control, custody and management of any such part of the foreshore as shall be specified in the Order. Such Order shall come into force on the date of its publication in the Gazette, or on such later date as may be specified therein.

(2) For so long, and so long only, as any Order under subsection (1) is for the time being in force in respect of any part of the foreshore, the administration, control, custody and management of that part of the foreshore shall vest in the Board instead of in the State, and accordingly section 58 of the State Lands Ordinance shall have effect in that part of the foreshore subject to the following modification, namely, as though the reference therein to the State were a reference to the Board.

(1) For so long, and so long only, as any Order under section 7 is for the time being in force in respect of any part of the foreshore, any other enactment shall have effect in that part of the foreshore, subject to the modification that it shall be lawful for the Board”

in like manner as though references in any such other enactment to the authority, officer or person empowered to make or issue such subsidiary written law, or to exercise or discharge or perform such powers, functions or duties, include references to the Board.

(2) For so long, and so long only, as any Order under section 7 is for the time being in force in respect of any part of the foreshore, no authority or officer or person in whom any powers, functions or duties are conferred or imposed by any other enactment shall, within that part of the foreshore, exercise or discharge or perform any such powers, functions or duties except with the concurrence of the Board.

(3) Regulations may be made under this Act, with the concurrence of the Ministers to whom the subjects or functions of Fisheries and Local Government have been assigned by the President under the Constitution, for the protection of the rights of fishermen using any part of the foreshore in respect of which an Order under section 7 (1) is for the time being in force.

(1) Notwithstanding anything in any other enactment or any subsidiary written law, the Minister may, by Order published in the Gazette, vest any resthouse in the Board:

Provided, however, that where the control of any resthouse is vested in any local authority, the Minister shall not make such Order in respect of that resthouse, except with the prior concurrence of the Minister to whom the subject or function of Local Government has been assigned by the President under the Constitution;

And provided, further, that where the control of any resthouse is not vested in any local authority, the Minister shall not make such Order in respect of such resthouse except with the prior concurrence of the Minister to whom the subject or function of Home Affairs has been assigned by the President under the Constitution.

(2) Any Order made by the Minister under subsection (1) shall have the effect of giving the Board absolute title to the resthouse specified in the Order, including the land in or upon which such resthouse is situated, with effect from the date specified therein and free from all encumbrances.

(a) to have taken, and to remain in, possession and custody of that resthouse;

(b) to have entered, and to enter, into contracts and agreements in respect thereof;

(c) to have issued, and to issue, instruments or documents by whatsoever name or designation called in respect thereof; and

(d) to have done, and to do, all such other acts or things as may have been, and may be necessary, in respect thereof.

(1) Without prejudice to the generality of the powers conferred on the Board by the Ceylon Tourist Board Act, the Board may, with the approval of the Minister, alienate, for the purpose of any tourist development project, any land held by the Board, subject to”

(2) Nothing in the State Lands Ordinance shall affect, or be deemed or construed to affect, the alienation of any State land held by the Board for the purpose of any tourist development project.

(3) No land vested in the Board under the provisions of this Act or any other written law shall be alienated by the Board by way of gift save to a local authority or to any Government-sponsored board or corporation constituted under any law.

(1) It shall be a condition of every alienation, by way of sale, of any land by the Board under this 6hapter” *

(2) It shall be a condition of every alienation, otherwise than by way of sale, of any land by the Board under this Chapter”

(1) Where any land alienated by the Board by way of sale under this Chapter revests in the Board under section 18, the Board shall not be liable to pay to the vendee, and the vendee shall not be entitled to demand from, or to be paid by, the Board”

(2) Where any right, interest or benefit under any alienation of land, otherwise than by way of sale by the Board under this Chapter, revests in the Board under section 18, the Board shall not be liable to pay to such alienee, and such alienee shall not be entitled to demand from, or to be paid by, the Board”

(1) Where any land alienated by the Board, by way of sale, under this Chapter which is subject to a mortgage or encumbrance in favour of an approved credit agency entitled to notice under the second proviso to section 17, revests in the Board under section 18, the Board shall pay to such approved credit agency, either”

whichever is less.

(2) Where any right, interest or benefit under any alienation of land, otherwise than by way of sale, by the Board under this Chapter is subject to any mortgage or encumbrance in favour of any approved credit agency entitled to notice under the second proviso to section 17 revests in the Board under section 18, the Board shall pay to such approved credit agency the value of such right, interest or benefit together with the value of any improvements effected on such land by the alienee for the purpose of carrying out the provisions of the tourist development project for the time being in operation in respect of such land, or the amount due at the time of the cancellation or determination of such alienation, whichever is less.

(3) ” Value ” in relation to any land or improvements on such land, means, for the purposes of the preceding subsections, the value as assessed by the Chief Valuer of the Government.

In the assessment of such value none of the following facts shall be taken into account by such Chief Valuer:”

(4) No payment in respect of any improvements shall be made by the Board under subsection (1) or subsection (2), unless such improvements have been in conformity with the provisions of the tourist development project then in operation in respect of that land.

(5) No payment shall be made by the Board to any approved credit agency in respect of any land subject to any mortgage or encumbrance in favour of such agency, unless such agency discharges the mortgagor or encumbrancer, as the case may be, from the obligation arising on such mortgage or encumbrance to the extent of such payment.

(a) the provisions of section 12; or

(b) any condition specified in the instrument of alienation to the effect that such alienation is liable to cancellation or determination in the event of a failure to comply with any other condition specified in such instrument, or in the event of any money due to the Board under such instrument remaining unpaid for any period specified in such instrument,

(1) Any provision of this Chapter shall apply to a loan granted by an approved credit agency on the security of land alienated by the Board.

(2) In this Chapter, the expression ” appropriate authority “, in relation to a loan granted by an approved credit agency, means such agency.

(1) The appropriate authority may at any time, in the discretion of that authority and without assigning any reason therefor, by written order direct that, within the time specified in that behalf in the order,”

(2) Where an order issued under subsection (1) in respect of a loan is not complied with within the time allowed therefor by the order, default shall be deemed to be made in respect of the whole of the unpaid portion of that loan and the interest due thereon up to date, and, where that loan was granted on the mortgage of any land, the provisions of sections 30 to 46 shall apply to and in relation to that loan.

(a) by installments specified by the appropriate authority, or

(b) in any other manner so specified.

(a) to whom a loan is granted by the appropriate authority, or

(b) who obtains probate of the will or letters of administration to the estate of a person to whom a loan has been granted by the appropriate authority, or

(c) who, under section 34, is appointed to represent the estate of a deceased borrower, or

(d) to whom any right, title or interest in any land mortgaged to the appropriate authority as security for a loan granted by that authority, or in any other description of security for such a loan, passes whether by voluntary conveyance or by operation of law,

(1) Any person authorized by order of the appropriate authority under section 31 in respect or any land shall be entitled generally to take action in terms of the order, and in particular”

(2) Any person authorized by order of the appropriate authority under section 31 in respect of any land shall

(3) The appropriate authority shall, when all sums due to that authority under the mortgage have been fully paid, surrender possession of the mortgaged land to the mortgagor and return to him any balance remaining of the income from such land.

(1) Subject to the provisions of section 34, the appropriate authority may by order in writing authorize any person specified in the order to sell by public auction any land mortgaged to that authority as security for any loan in respect of which default has been made in order to recover the whole of the unpaid portion of such loan and the interest due thereon up to the date of sale, together with the moneys and costs recoverable under section 40.

(2) Where any land alienated by the Board is put up for sale under the provisions of subsection (1), no person shall purchase any right, title or interest in such land except for the purpose of a tourist development project for the time being in operation in respect of that land.

(3) Where any land sold under the provisions of subsection (I) is purchased by an approved credit agency, such agency shall, notwithstanding anything in any other law to the contrary, be entitled, with the approval of the Board, to carry out the provisions of the tourist development project, and accordingly the carrying out of such project shall be deemed, for all purposes, to be one of the purposes or objects of such agency.

(1) Save as otherwise provided in subsection (2), the provisions of sections 31 and 33 shall apply in the case of any default notwithstanding that the borrower may have died or that any right, title or interest in the land mortgaged by the borrower as security for the loan may have passed by voluntary conveyance or by operation of law to any other person.

(2) Where the borrower is dead and probate of his will or letters of administration to his estate have not been issued”

(a) be served on the borrower, if he is alive, and on every person on whom notice of the order authorizing the sale is required to be served under section 35;

(b) be posted on or near the land which is to be sold ; and

(c) be affixed to the walls of the kachcheri and the several District Courts and Magistrates’ Courts and Primary Courts within the jurisdiction of which the land is situate.

(1) If the amount of the whole of the unpaid portion of the loan (together with all interest due thereon according to the terms of the mortgage), and of the moneys and costs, if any, recoverable by the appropriate authority under section 40 is tendered to that authority at any time before the date fixed for the sale of the land mortgaged to that authority as security for the loan, that land shall not be sold and no further steps shall be taken in pursuance of the order under section 33 for the sale of that land.

(2) If the amount of the installment or other payment in respect of which default has been made, together with any interest due thereon according to the terms of the mortgage, and of the moneys and costs, if any, recoverable by the appropriate authority under section 40 is tendered to that authority at any time before the date Fixed for the sale of the land mortgaged to that authority as security for the loan, that authority may, in the discretion of that authority, direct that such land shall not be sold and that no further steps shall be taken in pursuance of the order under section 33 for the sale of such land.

(a) all moneys expended by that authority, in accordance with the covenants contained in the mortgage bond executed by the person to whom the loan was made, in the payment of premiums and other charges under any policy of insurance effected in respect of the land mortgaged to that authority, and in the payment of all other costs and charges authorized by the aforesaid covenants to be incurred by that authority ; and

(b) the costs of advertising the sale of, and of selling, the mortgaged land :

(1) Where the mortgaged land is sold, the appropriate authority shall, with the approval of the Board, sign a certificate of sale in such form as may be prescribed by the Board for the purpose, and thereupon all the right, title and interest of the borrower to and in the land shall vest in the purchaser; and thereafter it shall not be competent for any person claiming through or under any alienation whatsoever of the right, title or interest of the borrower to and in the land, made or registered after the date of the mortgage of the land to the appropriate authority, in any court to move to invalidate the sale for any cause whatsoever or to maintain any right, title or interest to or in the land as against the purchaser:

Provided, however, that no right, title or interest in such land shall vest in the purchaser under the certificate of sale, unless the purchaser had the prior written approval of the Board for such purchase.

(2) A certificate signed by the appropriate authority in accordance with subsection (1) shall be conclusive proof, with respect to the sale of any land, that all the provisions of this Chapter relating to the sate of the land have been complied with.

(3) Regulations may be made under this Act prescribing the form of the certificate of sale.

(4) Every certificate of sale under this section shall be liable to stamp duty and charges as if it were a conveyance of immovable property, and to any registration and other charges authorized by law, all of which shall be payable by the purchaser.

(1) The purchaser of any land sold in pursuance of the preceding provisions of this Chapter shall, upon application made to the District Court of Colombo or the District Court having jurisdiction over the place where that land is situate and upon production of the certificate of sale issued in respect of that land under section 42, be entitled to obtain an order for delivery of possession of that land.

(2) Every application under subsection (I) shall be made, and shall be disposed of, by way of summary procedure in accordance with the provisions of Chapter XXIV of the Civil Procedure Code; and on all documents filed for the purpose of each such application and on all proceedings held thereupon, stamp duties and other charges shall be payable at the respective rates at which such duties and charges are payable under any written law for the time being in force on applications for, and proceedings connected with or incidental to, the execution of a decree of a District Court for the delivery of possession of any immovable properly of the same value as the land to which such application relates.

(3) Where any land sold in pursuance of the preceding provisions of this Chapter is in the occupancy of the debtor or of some person on his behalf or of some person claiming under a title created by the debtor subsequently to the mortgage of the land to the appropriate authority, the District Court shall order delivery of possession of that land to be made to the purchaser by putting the purchaser, or any person whom he may appoint to receive possession on his behalf, in possession of that land.

(4) Where any land sold in pursuance of the preceding provisions of this Chapter is in the occupancy of a tenant or other person entitled to occupy it, the District Court shall order delivery of possession of that land to be made to the purchaser by affixing a notice of the sale having taken place, in the Sinhala, Tamil and English languages, in some conspicuous place on that land, and proclaiming to the occupant by beat of tom, or in such other mode as may be customary, at some convenient place, that the interest of the debtor has been transferred to the purchaser. The Cost of such proclamation shall be fixed by the court and shall in every case be prepaid by the purchaser.

(5) Every order under subsection (3) or subsection (4) shall be deemed, as the case may be, to be an order for delivery of possession made under section 287 or section 288 of the Civil Procedure Code and may be enforced in like manner as an order so made, the debtor and the purchaser being deemed, for the purpose of the application of any provision of that Code, to be the judgment-debtor and the judgment-creditor, respectively.

(1) Where the land sold is purchased by the appropriate authority and the sale is not cancelled under section 44 that authority may, with the prior written approval of the Board, at any time resell the land and transfer to the purchaser by endorsement on such copy of the certificate of sale as is certified by that authority to be a true copy, all the right, title and interest to or in that land acquired by that authority.

(2) The provisions of subsection (4) of section 42 shall apply to an endorsement made under subsection (1) of this section in like manner as they apply to a certificate of sale.

(3) An endorsement made under subsection (I) shall, when it is registered in the office of the Registrar of Lands, vest in the purchaser specified in that endorsement such right, title and interest as are so specified.

(1) Where any land is vested in the Board under section 2 or section 9, or is made over to the Board by way of a special grant or lease under the State Lands Ordinance, read with section 3 of this Act, or revests in the Board under section 18, the Chairman of the Board may in writing order any person in possession or occupation of that land to vacate the land within the time specified in such order.

(2) Where any land is vested in the Board under any of the provisions of this Act and the Minister has reason to believe that as the result of any action taken or proposed to be taken by the Board or the Chairman of the Board any person or persons will be de-housed in such manner as to cause hardship to such person or persons the Minister may lake such steps as he deems necessary to provide alternative accommodation to such person or persons or to direct the Board to pay any sum or sums by way of adequate compensation to such person or persons out of moneys specially provided by Parliament to the Board for that purpose.

(1) Where any land alienated by the Board under this Part for any tourist development project is mortgaged to an approved credit agency, the provisions of sections 46 and 47 of the Mortgage Act shall not apply to the recovery of any loan granted on the mortgage of such land and, accordingly, any decree in any hypothecary action upon any such mortgage of land, and any decree in any action for the recovery of any moneys due upon such mortgage, may order any property whatsoever to be sold for the recovery of any moneys found due under the mortgage and any property whatsoever may be sold or may be liable to be sold in execution of such decree.

(2) In this section ” action for the recovery of moneys due upon a mortgage ” includes any action for the recovery of any debt secured by a mortgage where the cause of action set upon arises by reason of the mortgage or otherwise.

(1) The provisions of the Debt Conciliation Ordinance shall cease to apply in respect of any debt incurred or loan obtained on the security of any land alienated by the Board under this Part, and such provisions shall be read and construed accordingly.

(2) Section 111A of the Inland Revenue Act, No. 4 of 1963, shall cease to apply to any land alienated by the Board and, accordingly, no such land shall be liable to be vested in the Stale under the provisions of that section.

(a) the terms and conditions subject to which alienations of land may be made by the Board under this Part;

(b) prescribing the procedure for the registration of documents whereby the nomination of successors or life holders is effected or cancelled, and for matters connected therewith or incidental thereto, including the registers which shall be kept and the fees which shall be charged for such registration;

(c) the manner of the publication or service of notices or of the service of other process;

(d) the procedure for the payment of compensation by the Board and for matters connected therewith or incidental thereto;

(e) any other matter connected with or incidental to any of the matters aforesaid.

(1) The Minister may, by Order published in the Gazette, declare that any area comprising land held by the Board shall, for the purposes of this Act, be a national holiday resort, and may by that Order, or by any Order subsequently published in the Gazette, assign a name to such national holiday resort.

(2) Any Order declaring an area a national holiday resort under this section may define the area by setting out the metes and bounds of the lands or each of the lands comprised in the area.

(3) The Minister may, by Order published in the Gazette, declare that from a specified date the limits of any national holiday resort shall be altered or varied-

(4) If the area or any part of the area which is to be declared a national holiday resort by Order made by the Minister under this section is within the administrative limits of any local authority, no such Order shall be made by the Minister, except after consultation with such local authority and with the concurrence of the Minister to whom the subject or function of Local Government has been assigned by the President under the Constitution.

(5) Notwithstanding anything in any provision of this section Parliament may by resolution revoke any Order made by the Minister under this section within fifty days of the publication of such Order in the Gazette, and in the computation of such period of fifty days no account shall be taken of any period during which Parliament is prorogued or dissolved. Such revocation shall be without prejudice to anything previously done thereunder.

(a) measures for public

(b) to establish and maintain within such resort any public utility service, recreational facilities and cultural activities for the benefit of people residing in or visiting such resort;

(c) to undertake and promote any development for the comfort, convenience or welfare of those residing within, or visiting, such resorts and to provide all such amenities as the Board may deem necessary; and

(d) to levy such fees and charges as may be necessary for services and amenities provided by the Board.

(1) For the purpose of enabling the Board to exercise, perform or discharge, within any national holiday resort, any power, duty or function under any written law for the time being specified in the First Schedule, regulations may be made under this Act, with the concurrence of the Minister to whom the subject or function of that written law has been assigned by the President under the Constitution, declaring that any such written law shall, in its application within that resort, have effect subject to such modifications as may be specified in those regulations.

(2) Regulations may be made under this Act, with the concurrence of the Minister to whom the subject or function of any written law for the time being specified in the First Schedule has been assigned by the President under the Constitution, declaring that such written law, or any such provisions of such written law as may be specified in those regulations, shall not apply within any national holiday resort.

(3) Where any regulation is to be enacted in pursuance of subsection (1) or subsection (2) which amends, modifies, limits or suspends the exercise of the powers, duties Or functions statutorily conferred upon or delegated to any local authority or any Government-sponsored board or corporation under any written law specified in the First Schedule, the Minister shall before he seeks the concurrence of the Minister to whom the subject or function of that written law has been assigned by the President under the Constitution consult the wishes of such local authority or board or corporation.

(4) Notwithstanding the provisions of subsection (5) of section 96 of this Act no regulation made in pursuance of any of the provisions of this section shall come into force unless and until it has been approved by resolution of Parliament.

(1) The Minister shall,

(2) The provisions for the time being contained in the Second Schedule shall apply to and in relation to a Resort Authority for each national holiday resort in respect of all matters to which such provisions apply.

(1) A Resort Authority shall, as agent of the Board, exercise, discharge and perform such powers, functions or duties of the Board as are assigned or delegated to it by order from time to lime made by the Board, and in the exercise of such powers, functions or duties, the Resort Authority shall give effect to any directions which may, from time to time, be issued by the Board.

(2) The Board may, from time to time, by order assign or delegate to a Resort Authority any of the powers, functions or duties conferred or imposed on the Board under this Act or any other written law.

(3) Any directions which the Board may issue under the provisions of this section shall be in conformity with subsection (1) of section 14 of the Ceylon Tourist Board Act.

(4) Where the effect of an order of the Board under subsection (2) is that functions previously directly exercisable by the Board are exercisable by a Resort Authority, or that functions previously exercisable by a Resort Authority are exercisable directly by the Board, the order may include such transitional provisions as to the parties by and against whom legal proceedings are to be instituted or continued, and such other transitional powers, if any, as may appear to the Board to be expedient.

(1) No assignment or delegation of powers by the Board under this Chapter, or any direction issued by the Board, shall empower a Resort Authority to borrow any by money unless the borrowing is temporary and is for the purpose of carrying out the current business of that Authority and is authorized generally or specially by the Board.

(2) As respects matters for the time being failing within the scope of any assignment or delegation by the Board under this Chapter, the following provisions shall have effect except as between a Resort Authority and the Board, that is to say”

and any reference to the Board under this Act or any other written law or in any contract or document shall be construed accordingly, and legal proceedings shall be brought by and against that Authority accordingly to the exclusion of the Board :

Provided that if any sum required by any judgment or order to be paid by the Resort Authority is not paid by that Authority within one month from the date on which the execution becomes leviable to enforce the judgment or order, the Board shall be liable to pay that sum and that judgment or order shall be enforceable against the Board accordingly.

(1) The Board may direct the Resort Authority for a national holiday resort to prepare a resort development plan for that resort, and may specify a date before which such plan should be submitted for the consideration of the Board :

Provided, however, that the date so specified may be extended, from time to time, at the request of such Authority.

(2) Upon a direction being issued under the preceding subsection for the preparation of a resort development plan for a national holiday resort, it shall be the duty of the Resort Authority for that resort, in accordance with such directions and on or before such date as may be specified in such directions, to prepare a draft resort development plan for that resort.

(3) The draft resort development plan so prepared by the Resort Authority shall be accompanied by such maps or sketches and a statement setting out the stages and the period within which the proposed plan is to be implemented, together with an estimate of the cost of implementing such plan.

(1) Every draft resort development plan which is prepared under this Chapter shall be submitted to the Board, and the Board shall, as soon as practicable, examine the draft plan and transmit it to the Minister, together with its recommendations for the approval or modification thereof.

(2) Upon the transmission of the draft resort development plan to the Minister under the preceding provisions of this section, the Minister may, after consideration of the recommendations made by the Board with respect to the plan, approve the draft resort development plan, subject to such alterations or modifications, if any, as the Minister may consider necessary.

(1) The Board may, at any time after a resort development plan has come into operation for any national holiday resort, direct the Resort Authority to prepare a new resort development plan for the modification or revocation of that plan, or of any provision contained in that plan, and may specify the date before which such new plan shall be submitted for the consideration of the Board :

Provided, however, that the date so Specified may be extended, from time to time, at the request of the Resort Authority.

(2) Upon such directions being issued under the preceding subsection for the preparation of a new resort development plan for a national holiday resort, it shall be the duty of the Resort Authority, in accordance with such directions and on or before such date as may be specified in such directions, to prepare a new draft resort development plan for that resort.

(3) Every direction issued under the preceding provisions of this section for the preparation of a new resort development plan shall have the like effect as any directions issued under section 65, and the preceding provisions of this Chapter shall, in so far as they are applicable and subject to such modifications or adaptations as may be made in that behalf by regulation made under this Act, apply in relation to the preparation and consideration of that new plan, and the approval and the coming into operation thereof.

(1) The Board may, at any time after a resort development plan has come into operation, make application to the Minister to revoke any provision contained in that plan.

(2) The Minister may, upon application made to him in that behalf under subsection (1), determine that any provision contained in the resort development plan to which such application relates shall be revoked.

(3) Every determination made under the preceding provisions of this section for the revocation of any provision in a resort development plan shall be published in the Gazette and shall come into operation upon the date of such publication, or on such later date as may be specified in the determination.

(1) Any resort development plan for any national holiday resort may contain such provisions as may be necessary or expedient for regulating or prohibiting the use or development of land in that resort.

(2) Without prejudice to the generality of the powers conferred by subsection (I), a resort development plan for any national holiday resort may make provision in respect of all or any of the matters specified in the First Schedule to the Town and Country Planning Ordinance.

(1) On or after the date on which any resort development plan comes into operation for any national holiday resort, no person shall, if provision is included in that plan in respect of land contiguous to that resort,”

except under the authority of a permit issued by the Resort Authority.

(2) A permit in respect of any land referred to in subsection (I) shall be granted by the Resort Authority under that subsection unless the Authority is satisfied that the work to be executed under the authority of the permit will be inconsistent with or in contravention of any provision in the resort development plan for the time being in operation and applicable to such area or of any provision of any other enactment relating to the execution of such work which may be applicable in the case of such land.

(3) Any person who is aggrieved by the refusal of the Resort Authority to grant a permit under this section may, subject to regulations made under this Act, appeal to the Minister against such refusal and the decision of the Minister upon any such appeal shall be final and conclusive.

(4) Where any resort development plan for the time being in operation for any national holiday resort includes any provision in respect of land contiguous to that resort, any person who does any act or thing to, in or upon such land in contravention of that provision shall be guilty of an offence under this Act, and shall be liable on conviction to a fine not exceeding two hundred and fifty rupees, and in the case of a continuing offence to an additional fine not exceeding fifty rupees for every day during which such contravention is continued after such conviction, or after service of a written notice from the Chairman of the Resort Authority for that resort directing attention to such contravention.

(1) Where the Minister is of the opinion that the activities designed and carried out for the purposes of providing facilities and services to tourists in any area, not being an area comprising a national holiday resort) requires to be regulated and controlled, he may, by Order published in the Gazette, declare such area to be a tourist development area.

(2) Every Order made under subsection (1) shall define the area by setting out the metes and bounds of the lands or each of the lands comprised in the area.

(3) If the area or any part of the area which is to be declared a tourist development area by an Order made by the Minister under subsection (1) is within the administrative limits of any local authority, no such Order shall be made by the Minister except with the concurrence of the Minister in charge of the subject of Local Government.

(a) to promote, plan and encourage the development of tourist facilities and services within such development area;

(b) regulate, control, maintain and operate tourist facilities and services within such development area.

(a) construct or erect any building structure; or

(b) re-erect, alter or convert any existing building or structure; or

(c) set up and or carryon any establishment or business,

(1) Regulations may be made under this Act, prescribing a Code comprising such provisions as may appear to the authority competent to make such regulations necessary and proper for the purposes of the promotion of the safety and recreational value of public travel, and of the preservation of natural and scenic beauty.

(2) Without prejudice to the generality of the powers conferred by subsection (1), regulations made under this Act prescribing the Code referred to in that subsection may make provisions in respect of all or any of the matters for the time being specified in the Third Schedule, and for all other matters connected therewith or incidental thereto.

(1) No State land situated within any area declared to be a scenic reserve under the Code referred to in section 74 (1) shall be alienated under the provisions of any written law, except with the prior approval given in writing by the Minister.

(2) Any such alienation of State land in breach of the provisions of subsection (1) shall, for all purposes, be null and void.

(1) Regulations may be made under this Act prescribing a Code comprising such provisions as may appear to the authority empowered to make such regulations necessary and proper for the purposes of the regulation, supervision, classification, inspection and control of the establishment, maintenance and operation of tourist services, consisting of tourist hotels (in this Act referred to as the Tourist Hotels Code “).

(2) Without prejudice to the generality of the powers conferred by subsection (I), regulations made under this Act prescribing the Tourist Hotels Code may make provisions in respect of all or any of such matters for the time being specified in the Fourth Schedule as may be necessary or appropriate for the purposes referred to in subsection (I).

(1) Regulations may be under this Act prescribing a Code comprising such provisions as may appear to the authority empowered to make regulations necessary and proper for the purposes of the regulation, supervision, classification, inspection and control of the establishment, maintenance and operation of tourist services, consisting of travel agents (in this Act referred to as the “Travel Agents’ Code “).

(2) Without prejudice to the generality of the powers conferred by subsection (1), regulations made under this Act prescribing the Travel Agents’ Code may make provisions in respect of alt or any of such matters for the time being specified in the Fifth Schedule as may be necessary or appropriate for the purposes referred to in subsection (I).

(1) Regulations may be made under this Act prescribing a Code comprising such provisions as may appear to the authority empowered to make such regulations necessary and proper for the purposes of the regulation, supervision, classification, inspection and control of the establishment, maintenance and operation of tourist services, consisting of tourist guide lecturers (in this Act referred to as the ” Tourist Guide Lecturers’ Code”)

(2) Without prejudice to the generality of the powers conferred by subsection (1), regulations made under this Act prescribing the Tourist Guide Lecturers’ Code may make provisions in respect of all or any of such matters for the time being specified in the Sixth Schedule as may be necessary or appropriate for the purposes referred to in subsection (I).

(1) Regulations may be made under this Act prescribing a Code comprising such provisions as may appear to the authority empowered to make such regulations necessary and proper for the purposes of the regulation, supervision, classification, inspection and control of the establishment, maintenance and operation of specified tourist services (in this Act referred to as the ” Specified Tourist Services Code “).

(2) Without prejudice to the generality of the powers conferred by subsection (1), regulations made under this Act prescribing the Specified Tourist Services Code may make provisions in respect of all or any of such matters for the lime being specified in the Seventh Schedule as may be necessary or appropriate for the purposes referred to in subsection (1).

(1) The Minister may, on the recommendation of the Board, by Order published in the Gazette, declare that the provisions of the Specified Tourist Services Code shall apply to any such tourist service of any such class or description as shall be specified in the Order, not being a tourist service consisting of tourist hotels, travel agents or tourist guide lecturers (in this Act referred to as a ” specified tourist service “).

(2) Every Order made by the Minister under subsection (I) shall come into force on the date of its publication in the Gazette, or on such later date as may be specified therein,

(3) For so long, and so long only, as an Order under this section is in force in respect of any tourist service, the provisions of the Specified Tourist Services Code shall apply to, and in relation to, such service.

(1) The Chairman of the Board may, where it appears to him to be expedient so to do, after consultation with any other price control authority constituted under any other written law, by Order fix the maximum or minimum prices, rates, fees or charges that may be imposed, levied, demanded or recovered by any tourist service. Such Order is in this Act referred to as a ” price control Order “.

(2) Any price control Order”

(3)

(4) Every price control Order shall come into operation when such Order is made and signed by the Chairman of the Board.

(5) After any price control Order has been signed by the Chairman of the Board, public notice thereof shall forthwith be given”

(6) Every price control Order shall, as soon as may be after the date on which it comes into operation, be placed before the Minister for his consideration, and the Minister may thereupon approve or rescind the Order.

(7) Where any price control Order is rescinded by the Minister under subsection (6), notice of such rescission shall be published in the Gazette, and the Order shall be deemed to be rescinded with effect from the date of such publication, but without prejudice to anything done or suffered thereunder or any right, obligation or liability acquired, accrued or incurred thereunder.

(8) Where any price control Order has been approved by the Minister, notification of such approval shall be published in the Gazette.

(1) Notwithstanding that a price control Order in respect of any tourist service has been approved by the Minister, that Order may at any time be revoked by the Chairman of the Board”

Every Order under paragraph (h) of this subsection shall take effect on the date of the publication thereof in the Gazette or on such later date as may be specified therein; and nothing in subsections (6), (7) and (8) of section 83 shall apply in the case of any such Order.

(2) The rescission by the Minister or the revocation by the Chairman of the Board of any price control Order in respect of any tourist service shall not be deemed to prejudice or affect the power of the Chairman to make a new price control Order in respect of that tourist service.

(a) maintain, or cause to be maintained, a register of prices, rates, fees or charges levied in respect of each of the services provided by such proprietor or manager and referred to in the Order;

(b) make, or cause to be made, such register available for inspection by the Chairman of the Board or any person authorized in writing in that behalf by the Chairman ; and

(c) exhibit, in a conspicuous place and in such manner as may be directed by the Chairman a list of the maximum and minimum prices, rates, fees or charges referred to in that Order.

(1) Regulations may be made under this Act for the purpose of carrying out or giving effect to the principles and provisions of this Chapter.

(2) In particular, but without prejudice to the generality of the powers conferred by subsection (I), regulations may be made under this Act for or in respect of all or any of the following matters :”

(1) For the purpose of the exercise, discharge or performance of its powers, functions or duties under this Act, or any other enactment (other than the principal Act), the Board may enter into and perform all such contracts as may be necessary for that purpose.

(2) For any purpose referred to in subsection (1), the Board may establish its own branches or agencies or make contracts or other arrangements for such purposes with Government departments, local authorities, or other persons (whether in or outside Sri Lanka).

(1) For the purpose of enabling the Board or any Resort Authority to effectively exercise or discharge or perform its powers, functions or duties under this Act, or any other enactment, the Minister may, by Order published in the Gazette, issue all such directions as may be necessary with a view to providing for any unforeseen or special circumstances, or to determine or adjust any question or matter for the determination or adjustment of which no provision or no effective provision is made by this Act, or such other enactment.

(2) Within a period of fifty days after the publication in the Gazette of any Order made by the Minister under subsection (1) Parliament may by resolution revoke such Order, and in the computation of such period of fifty days no account shall be taken of any period during which Parliament is prorogued or dissolved. Such revocation shall be without prejudice to anything previously done thereunder.

(1) No suit or prosecution shall the against any member of the Board or any Resort Authority or any advisory body or against any officer, servant or agent of the Board or such Authority or such body for any act which in good faith is done or purports to be done by him under this Act or any subsidiary written law made thereunder, or on the direction of the Board or any such Authority or body.

(2) Any expense incurred by the Board or any Resort Authority in any suit or prosecution brought by or against the Board or any such Authority before any count shall be paid out of the Fund of the Board or any such Authority, as the case may be, and any costs paid to, or recovered by, the Board or any such Authority in any such suit or prosecution shall be credited to the appropriate Fund.

(3) Any expense incurred by any such person as is referred to in subsection (1) in any suit or prosecution brought against him before any court in respect of any act which is done or purports to be done by him under this Act, or any subsidiary written law made thereunder, or on the direction of the Board or any Resort Authority or any advisory body, shall, if the court holds that the act was done in good faith, be paid out of the appropriate Fund.

(4) For the purposes of this section, the expression ” appropriate Fund “”

(1) The Board may, with the concurrence of the Minister, make regulations to give effect to the principles and provisions of this Act.

(2) In particular, but without prejudice to the generality of the powers conferred by subsection (1), the Board may, with the concurrence of the Minister, make regulations in respect of all or any of the following matters:”

(3) Without prejudice to the generality of the powers conferred by subsection (1), the Board may, with the concurrence of the Minister, make regulations in respect of all or any of the following matters ;”

(4) Without prejudice to the generality of the powers conferred by subsection (1), the Board may, with the concurrence of the Minister, make regulations in respect of all or any of the following matters :”

(5) Every regulation made by the Board, with the concurrence of the Minister, shall be published in the Gazette and shall come into operation on the date of such publication or on such later date as may be specified in the regulation.

(6) Every regulation made by the Board, with the concurrence of the Minister, shall, as soon as convenient after its publication in the Gazette, be brought before Parliament for approval. Any regulation which is not so approved shall be deemed to be rescinded as from the dale of disapproval, but without prejudice to anything previously done thereunder. Notification of the date on which a regulation is deemed to be rescinded shall be published in the Gazette.

(7) The provisions of subsection (5) shall in its application in the case of any regulation made by the Board in respect of any of the matters referred to in subsections (1) and (2) of section 56 have effect subject to the provisions of subsections (3) and (4) of that section; and the provisions of subsection (6) of this section shall not apply to any such regulation.

(1) Every person who contravenes or fails to comply with any provision of this Act, or of any subsidiary written law made or issued thereunder, shall”

(2) Every offence under this Act shall be summarily triable by a Magistrate’s Court.

(3) No prosecution for an offence under this Act shall be instituted in any court except with the written sanction of the Board.

(a) if that body of persons is a body corporate, every director and officer of that body corporate ; or

(b) if that body of persons is a. firm, every partner of that firm,

(1) Any offence under this Act may, if no prosecution for such offence is actually pending, be compounded by the competent authority on the payment by the accused of such sum of money as may be determined by such authority, or if a prosecution for such offence is actually pending, be so compounded by such authority with the consent of the Magistrate ; but the Magistrate shall record his reasons for giving such consent.

(2) The compounding of an offence under this section shall have the effect of an acquittal of the accused.

(1) In this Act, unless the context otherwise requires”

“alienation”, with its grammatical variations and cognate expressions, means any transaction of whatever nature affecting land or the title thereto, and includes any conveyance, transfer, grant, surrender, exchange, lease or mortgage of land;

“appointed date ” means the 21st day of June, 1968;

” approved credit agency” means any commercial bank within the meaning of section 127 of the Monetary Law Act, and includes any other institution for the time being specified in the Eighth Schedule;

” Board” means the Ceylon Tourist Board established or constituted under the Ceylon Tourist Board Act;

” Code” means any Code prescribed by regulations made under this Act;

” competent authority” means the Director-General of Tourism appointed for the purposes of the Ceylon Tourist Board Act or, if there is no such Director-General, the Chairman of the Board ;

” State land ” means all land in Sri Lanka to which the State is lawfully entitled or which may be disposed of by the State, and includes all rights and privileges attached or appertaining to such land ;

” foreshore” means the shore of the Island of Sri Lanka between the high water mark and the low water mark;

” instrument of alienation ” means any instrument or document whereby any alienation of land is effected and includes a grant, lease, permit or licence relating to land ;

” lake ” means a lake as defined in section 70 of the Stale Lands Ordinance and includes any tank declared under section 71 of that Ordinance;

” land ” includes”

” local authority ” includes any Municipal Council, Urban Council, Town Council or Village Council;

” national holiday resort ” means, subject to the provisions of subsection (2), any area declared to be a national holiday resort under this Act;

“Resort Authority” means a Resort Authority established or constituted under this Act;

” resort development plan” means a resort development plan prepared for a national holiday resort under this Act, and for the time being in operation;

” resthouse ” means a public resthouse, and includes any land appertaining to any resthouse, and any ambalama, maddum or any public building for the shelter of travellers;

” Schedule” means a Schedule to this Act;

” subsidiary written law” includes all Orders, rules, by-laws, regulations, Codes, directions and any other instrument by whatsoever name or designation called, made or issued under any enactment including this Act;

” timber “, in relation to any land, has the same meaning as in the Forest Ordinance;

” tourist ” has the same meaning as in the Ceylon Tourist Board Act;

” tourist development project” means the execution or carrying out of any tourist development purpose;

” tourist development purpose” means any service declared to be a tourist service by Order made under section 48 of the Ceylon Tourist Board Act;

” tourist guide lecturer” has the same meaning as in the Order for the time being in operation under section 48 of the Ceylon Tourist Board Act, declaring a tourist guide to be a tourist service for the purpose of that Act;

” tourist hotel” has the same meaning as in the Order for the time being in operation under section 48 of the Ceylon Tourist Board Act, declaring any tourist hotel to be a tourist service for the purpose of that Act;

” tourist service ” has the same meaning as in the Ceylon Tourist Board Act;

” travel agent” has the same meaning as in the Order for the time being in operation under section 48 of the Ceylon Tourist Board Act, declaring a travel agent to be a tourist service for the purpose of that Act;

“vest”, in relation to any State land, means to vest by way of special grant or lease under the State Lands Ordinance, read with section 3 of this Act or by vesting Order under section 4, and its grammatical variations or cognate expressions shall be construed accordingly.

(2) The expression ” national holiday resort “, in any context relating to a resort development plan, shall, if such plan includes provision in respect of land contiguous to such resort, be deemed to include such land.

(a) the Guides Ordinance* and by- laws, licenses and any other instruments made or issued under that Ordinance and in force on the day immediately prior to that date shall have effect subject to the following modifications, namely, as though references in that Ordinance or by-laws or licenses or other instruments to the authority, officer or person (other than the Minister) were references to the competent authority, and all references to the Minister were references to the Minister to whom the subject or function of Tourism has been assigned by the President under the Constitution -[* See List of enactments omitted from the Revised Edition]

(b) such by-laws, licenses or other instruments shall be deemed to be by-laws, licenses or other instruments made or issued under this Act as modified by paragraph (a) of this section.

(1) The provisions of Part I of this Act shall be deemed for all purposes to have come into force on the date of the coming into operation of the Ceylon Tourist Board Act.

(2) Any acquisition of any land under the Land Acquisition Act prior to the appointed date shall be deemed for alt purposes to have been made under that Act read with Part I of this Act.

(3) Any alienation of any land, being land referred to in subsection (1), by the Board prior to the appointed date shall be deemed, for all purposes, to have been alienated by the Board under Part 1 of this Act.

(4) Any special grant or lease of State land made to the Board under section 6 of the State Lands Ordinance prior to the appointed date shall be deemed, for all purposes, to have been made under the provisions of that Ordinance read with Part 1 of this Act. [* Section 106 is incorporated in the Ceylon Tourist Board Act, ]