Sri Lanka Consolidated Acts

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Holidays Act (No. 29 of 1971) - Sect 9

Power to make regulations

9.
(1)
(a) Where, for the purpose of enabling the benefits and. advantages of the new scheme of holidays embodied in the principles and provisions of this Act to be enjoyed, by or extended to employees of any particular class or description, certain adjustments or changes in the terms or conditions of their employment are necessary but such adjustments or changes cannot be made or effected without amending or modifying the provisions of any written law (other than this Act) by or under which, such terms or conditions axe governed, then the minister may make regulations under this Act amending or modifying any such written law to such extent or in such manner as may be necessary for that purpose and, in particular, but without prejudice to the generality of the powers conferred by the preceding provisions of this paragraph, so amending or modifying the Wages Boards Ordinance, the Shop and Office Employees (Regulation of Employment and Remuneration) Act, and the Factories Ordinance, In deciding upon the adjustments or changes to be so made or effected due regard shall be had both to the existing rights and. obligations of employers and, employees and to the desirability of ensuring that such adjustments or changes have as far as practicable no adverse impact on the general pattern of economic activity in Ceylon. and on Ceylon's trade with other countries.
(b) In paragraph (a) of this sub-section, the expression " terms or conditions of employment " includes such matters as hours of work, remuneration, payment of overtime, holidays and hours or days of rest,
(c) No regulation shall be made by the Minister under this Act in respect of any matter referred to in the preceding provisions of this sub-section exceptwith the prior concurrence of the Minister to whom the subject or function of Labour is assigned by the Prime Minister.
(2)
(a) The Minister may make regulations under this Act for such purpose or purposes as may be necessary to give full force "and effect to the principles and provisions of this Act.
(b) In particular, but without prejudice to the generality of the powers conferred by the preceding provisions of this sub-section, the Minister may make regulations for or in respect of all or any of the following matters: -
(i) all matters connected with the application and enforcement of this Act in respect of which the provisions of this Act require to be modified or supplemented to meet special contingencies or circumstances:
(ii) the determination or adjustment of any question or matter relating to public holidays and bank holidays or matters connected therewith or incidental thereto for the determination or adjustment of which no provision or effective provision is made by this Act;
(iii) the removal or adjustment of any conflict or inconsistency between the provisions of this Act and any other written law (other than any written law referred to in sub-section (1) );
(iv) all other matters connected with or incidental to the matters aforesaid.
(c) Regulations made under the preceding provisions of this sub-section may provide for all such amendments, modifications or variations in this Act or any other written law (not being any written law referred to in sub-section (1) ) as may be necessary to achieve the object of such regulations.
(3) Any regulation made under this Act may be of general application, or may be limited in its application to any specified purpose or purposes.
(4) No regulation made by the Minister under this Act shall have effect until it has been approved by the Senate and the House of Representatives, nor until notification of such approval has been published in the Gazette.
(5) Every regulation made by the Minister under this Act shall, upon the publication in the Gazette of a notification of the approval of that regulation as provided in sub-section (4), be deemed to be as valid and effectual as though it were herein enacted.


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