Sri Lanka Consolidated Acts

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Tourist Development Act (No. 14 of 1968) - Sect 96

Regulations

96.
(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 sub-section (1), the Board may, with the concurrence of the Minister, make regulations in respect of all or any of the following matters: -
(a) any matter in regard to which regulations are authorized or required by this Act to be made;
(b) the amendment, revocation or replacement of any of the provisions of any Schedule or of any Code;
(c) the mode and manner of payment for facilities or services rendered by persons operating or providing tourist services;
(d) the appointment, constitution and functions of a general advisory body for the purpose of advising the Board, the Chairman thereof or the competent authority on the exercise, discharge and performance of its or his powers, functions or duties under this Act or any Code;
(e) the appointment, constitution and functions of one or more local advisory bodies consisting of members of local authorities or other persons for the purpose of advising Resort Authorities on the exercise, discharge and performance of its powers, duties or functions under this Act or any Code; and
(f) all other matters connected with or incidental to the matters aforesaid.
(3) Without prejudice to the generality of the powers conferred by sub-section (1), the Board may, with the concurrence of the Minister, make regulations in respect of all or any of the following matters: -
(a) the reference of every dispute as may have arisen between a claimant to compensation under any Code and any other person or authority for decision to any arbitrator or arbitrators;
(b) the manner in which the arbitrator or arbitrators shall be nominated, the procedure to be followed by the arbitrator or arbitrators in entertaining, hearing and disposing of such references and the awarding of costs on such references;
(c) the conferment on the arbitrator or arbitrators of all the powers of a District Court to summon and compel the attendance of witnesses, to compel the production of documents, and to administer any oath or affirmation to witnesses;
(d) the mode and manner of the enforcement of the decision of the arbitrator or arbitrators;
(e) the finality and conclusiveness of the decision of the arbitrator or arbitrators; and
(f) all other matters connected with or incidental to the matters aforesaid.
(4) Without prejudice to the generality of the powers conferred by sub-section (1), the Board may, with the concurrence of the Minister, make regulations in respect of all or any of the following matters: -
(a) the constitution of a Tribunal to which appeals may be preferred under any Code, and the mode and manner of the appointment of the member or members of such Tribunal;
(b) the procedure to be followed by the Tribunal in entertaining, hearing and deciding such appeals, and the awarding of costs on such appeals;
(c) the conferment on the Tribunal of all the powers of a District Court to summon and compel the attendance of witnesses, to compel the production of documents, and to administer any oath or affirmation to witnesses;
(d) the mode and manner of the enforcement of the decisions on such appeals;
(e) the finality and conclusiveness of such decisions; and
(f) all other matters connected with or incidental to the matters aforesaid.
(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 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 the Senate and the House of Representatives for approval. Any regulation which is not so approved shall be deemed to be rescinded as from the date 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 sub-section (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 sub-sections (1) and (2) of section 56 have effect subject to the provisions of sub-sections (3) and (4) of that section; and the provisions of sub-section (6) of this section shall not apply to any such regulation.


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