TOURISM ACT

Arrangement of Sections

1. Short title.

PART I

CHAPTER I

SRI LANKA TOURISM DEVELOPMENT AUTHORITY

2. Establishment of the Sri Lanka Tourism Development Authority.

3. Objectives of the Authority.

4. Composition of the Authority.

5. Disqualification from membership of the Authority.

6. Preparation and approval of the long term goals and the four-year plan.

7. Meetings of the Authority.

8. Head office of the Authority.

9. Delegation of powers of the Authority.

10. The Director-General to be the Chief Executive Officer.

11. Powers of the Chairman.

12. Powers and functions of the Authority.

13. Special duties of the Authority.

14. Remuneration and terms and conditions of service of members.

15. Staff of the Authority.

16. Departments and Committees of the Authority.

17. Power of Authority to make rules.

18. Authority to comply with directions issued by the Minister.

CHAPTER II

FINANCE AND ACCOUNTS

19. Fund of the Authority.

20. Audit of accounts.

21. Members, officers and servants of the Authority deemed to be public servants.

22. Authority deemed to be a Scheduled Institution within the meaning of the Bribery Act.

CHAPTER III

TOURISM DEVELOPMENT FUND

23. Establishment of the Tourism Development Fund.

24. Levy of the Tourism Development Levy.

PART II

CHAPTER IV

TOURIST DEVELOPMENT AREAS

25. Authority to have jurisdiction over a declared area.

26. Declaration of Tourist Development Areas.

27. Orders relating to Tourist Development Areas.

28. Protection of privacy within any area declared under section 26.

29. Authority to be vested with powers under the National Environmental Act and the Antiquities Ordinance.

30. Declaration of trekking areas and nature trails.

31. Authority to exercise powers.

PART III

CHAPTER V

TOURISM ADVISORY COMMITTEE

32. Establishment of the Tourism Advisory Committee.

CHAPTER VI

SRI LANKA INSTITUTE OF TOURISM AND HOTEL MANAGEMENT

33. Establishment of the Sri Lanka Institute of Tourism and Hotel Management.

34. Objectives of the Institute.

35. Board of Management of the Institute.

36. Staff of the Institute.

37. Term of office of members of the Board.

38. Hotel School to vest in the Institute.

39. Appointment of Academic Affairs Board of the Institute.

CHAPTER VII

SRI LANKA TOURISM PROMOTION BUREAU

40. Sri Lanka Tourism Promotion Bureau.

41. Term of office of members of the Bureau.

CHAPTER VIII

SRI LANKA CONVENTION BUREAU

42. Sri Lanka Convention Bureau.

43. Board of Management of the Convention Bureau.

44. Disqualifications.

45. General-Manager of the Convention Bureau.

46. Alternate members of the Board of Management of the Convention Bureau.

47. Money of the Bureau.

PART IV

CHAPTER IX

REGISTRATION OF TOURIST ENTERPRISES AND TOURIST SERVICES AND REGULATION OF PRICES, FEES, RATES AND CHARGES IN RESPECT OF TOURIST SERVICES

48. Declaration and registration of Tourist Enterprises and Tourist Services.

49. Powers of Minister to prescribe Codes of Conduct.

50. Tourist Services and Tourist Enterprises to be categorised from time to time.

51. Appeals.

52. Symbol of the Authority.

53. Price Regulation Order.

54. Obligations upon the making of a Price Regulation Order.

PART V

CHAPTER X

GENERAL

55. Payment of expenses incurred in suit or prosecution.

56. No writ to lie against any member of the Authority.

57. Instruments to be prima facie evidence.

58. Authority to call for information.

59. Authority may enter upon land.

60. Manner of service of notice.

61. Persons willing to be employed in travel or tourist services to be registered with the Authority.

62. Power of Authority to make rules.

63. Offences.

64. Sanction of Authority to be obtained for prosecutions.

65. Offences by body of persons.

66. Compounding of offences.

67. Repeal of the Ceylon Tourist Board Act, No. 10 of 1966.

68. Amendment of Tourist Development Act, No. 14 of 1968.

69. Regulations.

70. Compulsory acquisition of land.

71. Sinhala text to prevail in case of inconsistency.

38 of 2005.

AN ACT to provide for the establishment of the Sri Lanka Tourism Development Authority; to vest the said authority with such powers as are necessary for facilitating the planning and implementation of the policy relating to the tourism industry and other related industries; to provide for the regulation and monitoring of the industry; to repeal the Ceylon Tourist Board Act, no. 10 of 1966 and to repeal certain provisions of the tourist development Act, no. 14 of 1968; and to provide for matters connected therewith or incidental thereto.

[Date of Commencement: 30th November, 2005]

1. Short title.

This Act may be cited as the Tourism Act.

PART I

CHAPTER I

SRI LANKA TOURISM DEVELOPMENT AUTHORITY

2. Establishment of the Sri Lanka Tourism Development Authority.

(1) There shall be established for the purposes of this Act, an Authority called the Sri Lanka Tourism Development Authority (hereinafter referred to as "the Authority”).

(2) The Authority shall by the name assigned to it by subsection (1) be a body corporate with perpetual succession and a common seal and may sue and be sued in such name.

(3) The seal of the Authority shall be kept in the custody of the Authority and may be altered in such manner as may be determined by the Authority.

(4) The seal of the Authority shall be affixed to all instruments signed by or on behalf of the Authority, in the presence of the Chairman and two members of the Authority who shall sign such document in token thereof.

3. Objectives of the Authority.

The objectives of the Authority shall be—

(a) to develop Sri Lanka as a tourist and travel destination both in Sri Lanka and abroad;

(b) to advise the Minister in charge of the subject of Tourism on matters relating to travel and the tourism industry, within the policy formulated by the Cabinet of Ministers, in relation to this sector;

(c) to provide guidance to the Sri Lanka Tourism Promotion Bureau to develop, promote and market Sri Lanka as a tourist and travel destination both in Sri Lanka and abroad;

(d) to provide guidance to the Sri Lanka Institute of Tourism and Hotel Management to undertake human resource training and development activities;

(e) to work towards the enhancement of the tourism and travel sectors in order to secure a contribution for the expansion and development of Sri Lanka's economy;

(f) to develop and promote adequate, attractive and efficient tourist services, inclusive of the hospitality industry in a sustainable manner;

(g) to license and accredit tourist enterprises in order to develop, enforce and maintain locally and internationally accepted standards in relation to the tourism industry and other related industries;

(h) to encourage persons or bodies of persons in the private sector to participate in the promotion of the tourism industry and the promotional and training activities connected with such industry;

(i) to do all such other acts as may be necessary or conducive to the attainment of all or any of the above objectives.

4. Composition of the Authority.

The Authority shall consist of the following persons appointed by the Minister—

(a) the Chairman of the Authority;

(b) the Director-General of the Authority appointed under section 10, (hereinafter referred to as "the Director-General”);

(c) the Secretary to the Ministry of the Minister in charge of the subject to Tourism or his representative;

(d) the Secretary to the Treasury or his representative;

(e) one member nominated by the Tourist Hotels Association of Sri Lanka;

(f) one member nominated by the Sri Lanka Association of Inbound Tour Operators;

(g) one member nominated by the Travel Agents Association of Sri Lanka;

(h) one member appointed by the Minister from among persons possessing experience and knowledge in the fields of travel and tourism; and

(i) the Secretary to the Ministry of the Minister in charge of the subject of Provincial Councils or his representative.

5. Disqualification from membership of the Authority.

(1) A person shall be disqualified from being appointed or from continuing, as a member of the Authority, if he is, or becomes—

(a) the owner, partner, director, majority shareholder or an employee of, or in, any business which operates or provides tourist services of any class or description.

(b) a member of Parliament or a member of a Provincial Council or of a local authority;

(c) convicted of an offence involving moral turpitude;

(d) of unsound mind or physically incapacitated;

(e) an undischarged bankrupt or an insolvent; or

(f) absent without prior notice from three consecutive meetings of the Authority:

Provided however that the provisions of paragraph (a) shall not apply in respect of a member appointed in terms of paragraphs (e), (f), (g) and (h) of section 4.

(2) Every appointed member of the Authority shall unless he earlier vacates office by death or resignation, hold office for a period of three years from the date of his appointment to such office and shall be eligible for
re-appointment.

(3) A member of the Authority may resign from office, at any time by letter addressed in that behalf to the Minister.

(4) A member of the Authority, who is in any way, directly or indirectly interested in any contract entered into, or proposed to be entered into by the Authority, shall disclose the nature of his interest at any meeting of the Authority and such disclosure shall be recorded in the minutes of the Authority. Such member shall not participate in any deliberation or decision of the Authority in respect of any matter connected with such interest.

(5) No act or proceeding of the Authority shall be deemed to be invalid only by reason of the existence of a vacancy in its membership or any defect in the appointment of a member thereof.

(6) The Minister may, if it is expedent to do so, remove from office any member of the Authority other than the Director-General, for reasons assigned.

(7) The Chairman, Director-General or an appointed member may resign from his office, by letter addressed to the Minister. Such resignation shall be effective from the date of its acceptance by the Minister.

(8) In the event of the death, resignation or removal of the Chairman or any appointed member, the Minster may appoint another person to succeed such Chairman or member as the case may be. The person so appointed shall hold office for the unexpired portion of the term of office of the member whom he succeeds.

(9) Where the Chairman or any appointed member is temporarily unable to perform the duties, of his office on account of ill-health, absence from Sri Lanka or for any other cause, the Minster may appoint any person to act in the place of the Chairman or such member.

6. Preparation and approval of the long term goals and the four-year plan.

(1) The Authority shall formulate and present to the Minister—

(a) the proposed long term goals for tourist development is Sri Lanka;

(b) the proposed four year plan for the development of tourism within Sri Lanka.

(2) The Minster shall on receipt of the long term goals and the four year plan under subsection (1), submit the same to the Cabinet of Ministers for approval. The Cabinet of Ministers may approve the long term goals and the four year plan with or without amendments:

Provided that the aforesaid four year plan shall be revised annually in order to include changes in policy or include other new long term goals. Every such revision shall be submitted to the Cabinet of Ministers for approval.

7. Meetings of the Authority.

(1) The Chairman of the Authority shall preside at all meetings of the Authority. In the absence of the Chairman from any such meeting any member elected by the members present shall preside at such meeting.

(2) The Chairman or the person presiding at any meeting, shall in addition to his vote, have a casting vote.

(3) The quorum for any meeting of the Authority shall be five members, unless otherwise agreed upon by the Authority.

(4) The Authority may make rules for the regulation of the procedure to be followed at the meetings of the Authority and for the transaction of business at such meetings.

8. Head office of the Authority.

The principal office of the Authority shall be situated in Colombo, in Sri Lanka. The Authority may however establish and maintain branch offices within or outside Sri Lanka.

9. Delegation of powers of the Authority.

(1) The Authority may delegate all or any of the powers, duties or functions conferred on it or assigned to it, by this Act or any other written law, to the Chairman. Notwithstanding such delegation, the Authority may continue to exercise, perform and discharge any power, duty or function, so delegated.

(2) In the exercise, performance and discharge of the powers, duties and functions conferred on or assigned to him in terms of subsection (1), the Chairman shall be subject to the general or special directions of the Authority.

10. The Director-General to be the Chief Executive Officer.

(1) There shall be appointed by the Minister on the advice of the Authority a person to be the Director-General, who shall be the Chief Executive Officer of the Authority. The criteria applicable and the procedure to be followed in the appointment of the Director-General shall be as prescribed.

(2) The Minister may, on a request made in writing by the Authority for reasons stated, and after such inquiry as is necessary, remove the Director-General from office for reasons assigned. The Director-General shall thereupon be deemed to have vacated office.

(3) The Authority may on a proposal of the Chairman delegate to the Director-General such power or function as is deemed necessary. The Director-General shall act in accordance with rules of the Authority as may be made in that behalf.

(4) The Director-General shall hold office for a period of five years from the date of his appointment as Director- General.

11. Powers of the Chairman.

(1) The Chairman shall be responsible for ensuring co-ordination of the activities within the Tourism Development Areas declared under section 26.

(2) The Chairman shall preside at all meetings of the Authority and in his absence any member elected by the members present shall preside at such meeting.

12. Powers and functions of the Authority.

The Authority may exercise, perform and discharge all or any of the following powers, duties and functions—

(a) to act with the concurrence of the Minister, as an agent of the government for the transaction of business connected with the tourism or travel industry;

(b) to engage in, assist in or promote the improvement of facilities being provided for tourists to Sri Lanka and to develop Sri Lanka as a tourist destination;

(c) to establish, maintain and operate services connected with the tourism industry and to coordinate the activities of the persons providing such services for tourists;

(d) to prescribe, regulate, maintain and enforce the standards to be maintained by the different enterprises of the tourism and travel industry;

(e) to license the different enterprises, on criteria to be determined by the Authority and to prescribe the terms and conditions applicable to the same;

(f) to acquire, hold, take on lease, hire, pledge or otherwise dispose of any movable or immovable property: provided however, immovable property may be disposed of only with the prior written consent of the Minister;

(g) to engage consultants both local and foreign, whenever the need to do so arises for the efficient discharge of its functions;

(h) to liaise with the Provincial authorities whenever the need to do so arises on any matter relating to the tourism industry;

(i) to promote and assist in the development of support industries and services;

(j) to establish companies or other bodies in order to facilitate the achievement of the objectives of the Act;

(k) to make rules in respect of matters specified in the Act;

(l) to carry on the business of providing transport facilities to persons visiting tourist attractions in Sri Lanka;

(m) with the approval of the Cabinet of Ministers—

(i) to formulate and prepare a four year plan, and other relevant plans and programmes for the development of tourism within and outside Sri Lanka in keeping with its objectives;

(ii) to invest the money of the Authority in any business within or outside Sri Lanka, which will promote or be conducive to the promotion of, the tourism industry in Sri Lanka;

(iii) to enter into any joint venture with any person or form a company, whether in Sri Lanka or outside, in order to discharge all or any of the functions of the Authority;

(n) with the approval of the Minister—

(i) to manage, control or supervise tourism enterprises, within or outside Sri Lanka, by appointing Directors or advisors, or by entering into collaboration with other persons;

(ii) to borrow money, whether by way of overdraft, loan or otherwise for the purposes of the Authority;

(iii) to provide financial assistance by way of grant, loan or otherwise, subject to such terms and conditions as may be determined by the Authority, to persons intending to engage in tourist or travel services;

(o) to levy fees or other charges for services, facilities or equipment provided by the Authority;

(p) to exercise, perform and discharge all such powers, duties and functions as are by or under this Act vested in or assigned or delegated to the Authority; and

(q) to do all such other acts and things as may be necessary or conducive to the exercise, performance and discharge of its powers, duties and functions under this Act.

13. Special duties of the Authority.

It shall be the duty of the Authority—

(a) to advise the Minister on all matters relating to the tourism and travel industry on a request of the Minister or on its own motion;

(b) to advise the tourism and travel industry and other related enterprises with regard to the developments in the field;

(c) to prepare and submit to the Minister schemes in respect of the establishment, regulation and supervision, development and control of tourist resorts and tourist services and the persons employed in or about the same; and

(d) to formulate proposals in respect of the above for the guidance of the Minister.

14. Remuneration and terms and conditions of service of members.

The members of the Authority shall be remunerated at such rates and in such manner and be subject to such terms and conditions of service, as may from time to time, be determined by the Minster in consultation with the Minister in charge of the subject of Finance.

15. Staff of the Authority.

(1) There may be appointed to the staff of the Authority such officers and servants as the Authority may deem necessary for the efficient discharge of the powers, function and duties assigned to or conferred on, the Authority under the Act.

This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.


Recent Updates

LAW COMMISSION (AMENDMENT) ACT, NO. 19 OF 2016


VALUE ADDED TAX (AMENDMENT) ACT, NO. 20 OF 2016


PORTS AND AIRPORTS DEVELOPMENT LEVY (AMENDMENT) ACT, NO. 21 OF 2016


NATION BUILDING TAX (AMENDMENT) ACT, NO. 22 OF 2016


IMMIGRANTS AND EMIGRANTS (AMENDMENT) ACT, No. 7 OF 2015


LAW COMMISSION (AMENDMENT) ACT, NO. 19 OF 2016


VALUE ADDED TAX (AMENDMENT) ACT, NO. 20 OF 2016


PORTS AND AIRPORTS DEVELOPMENT LEVY (AMENDMENT) ACT, NO. 21 OF 2016


NATION BUILDING TAX (AMENDMENT) ACT, NO. 22 OF 2016


IMMIGRANTS AND EMIGRANTS (AMENDMENT) ACT, No. 7 OF 2015


LAW COMMISSION (AMENDMENT) ACT, NO. 19 OF 2016


VALUE ADDED TAX (AMENDMENT) ACT, NO. 20 OF 2016


PORTS AND AIRPORTS DEVELOPMENT LEVY (AMENDMENT) ACT, NO. 21 OF 2016


NATION BUILDING TAX (AMENDMENT) ACT, NO. 22 OF 2016


IMMIGRANTS AND EMIGRANTS (AMENDMENT) ACT, No. 7 OF 2015


LAW COMMISSION (AMENDMENT) ACT, NO. 19 OF 2016


VALUE ADDED TAX (AMENDMENT) ACT, NO. 20 OF 2016


PORTS AND AIRPORTS DEVELOPMENT LEVY (AMENDMENT) ACT, NO. 21 OF 2016


NATION BUILDING TAX (AMENDMENT) ACT, NO. 22 OF 2016


IMMIGRANTS AND EMIGRANTS (AMENDMENT) ACT, No. 7 OF 2015


LAW COMMISSION (AMENDMENT) ACT, NO. 19 OF 2016


VALUE ADDED TAX (AMENDMENT) ACT, NO. 20 OF 2016


PORTS AND AIRPORTS DEVELOPMENT LEVY (AMENDMENT) ACT, NO. 21 OF 2016


NATION BUILDING TAX (AMENDMENT) ACT, NO. 22 OF 2016


IMMIGRANTS AND EMIGRANTS (AMENDMENT) ACT, No. 7 OF 2015


LAW COMMISSION (AMENDMENT) ACT, NO. 19 OF 2016


VALUE ADDED TAX (AMENDMENT) ACT, NO. 20 OF 2016


PORTS AND AIRPORTS DEVELOPMENT LEVY (AMENDMENT) ACT, NO. 21 OF 2016


NATION BUILDING TAX (AMENDMENT) ACT, NO. 22 OF 2016


IMMIGRANTS AND EMIGRANTS (AMENDMENT) ACT, No. 7 OF 2015


LAW COMMISSION (AMENDMENT) ACT, NO. 19 OF 2016


VALUE ADDED TAX (AMENDMENT) ACT, NO. 20 OF 2016


PORTS AND AIRPORTS DEVELOPMENT LEVY (AMENDMENT) ACT, NO. 21 OF 2016


NATION BUILDING TAX (AMENDMENT) ACT, NO. 22 OF 2016


IMMIGRANTS AND EMIGRANTS (AMENDMENT) ACT, No. 7 OF 2015


LAW COMMISSION (AMENDMENT) ACT, NO. 19 OF 2016


VALUE ADDED TAX (AMENDMENT) ACT, NO. 20 OF 2016


PORTS AND AIRPORTS DEVELOPMENT LEVY (AMENDMENT) ACT, NO. 21 OF 2016


NATION BUILDING TAX (AMENDMENT) ACT, NO. 22 OF 2016


IMMIGRANTS AND EMIGRANTS (AMENDMENT) ACT, No. 7 OF 2015