TOURIST BOARD 1
THE TOURIST BOARD ACT
ARRANGEMENT OF SECTIONS
Preliminiuy
1. Short title.
2. Interpretation.
Establishrnent arm Constitution of Board
3. Establishment and composition of Board.
4. Actiq appointments.
5. Tenure of oliice of membcr.
6. Resignation.
7. Revocation of appointment.
8. Publication of membership of Board.
9. Incorporation.
10. procedure and meetings.
Functions, Duties und Powers of Board
11. Duty and functions of Board.
12. General powers of Board.
1 2 ~ Borrowing powers.
1 2 ~ Guarantee by Minister of borrowings by Board and repayment
13. Remuneration of members.
14. OfEcers. agents and servants.
15. Emblems.
16. Regulations.
17. Protection of members.
18. Powers of Minister.
of sums issued to meet guarantee.
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2 TOURIST BOARD
Financial Provisions
19. Funds and resources of Board.
20. Accop~ts and audit.
21. Annual report and estimates.
Miscellaneous
22. Tourist accommodation to be licensed.
23. Licences for tourist accommodation.
2 3 ~ . Power to require licensing of tourism enterprises.
2 3 ~ . Grant of licences for tourism enterprises.
23c. Refusal to grant or renew licence under section 238.
2 3 ~ . Revocation of suspension d licence.
2 3 ~ . Appeal.
2 3 ~ . Enforcement of orders.
24 mences.
SCHBDULB
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TOURIST BOARD 3
L8m
61 of 1954,
68 of 1960.
A&
18 of 1963,
43 of 1965,
12 of 1968,
42 of 1%9
[Is? April, 1955.1 2ndzL3rd
13 of 1970,
33 of 1971,
19 of 1972,
31 of 1975,
7 of 1985,
12 of 1985
Sch
34 of 1999.
THE TOURIST BOARD ACT
Preliminary 47 of 1975,
1. This Act may be cited as the Tourist Board Act. Short title.
2. In this Act, unless the context otherwise requires- Interpreta-
tion.
S. 2 (a>
“the appointed day” means such day, not being earlier 43/1965
than six months after the 11th December, 1965,
as the Minister shall specify in a notice published
in the Gazette and in at least one issue of a
daily newspaper printed and circulating in
Jamaica;
“the Board” means the Tourist Board established in
accordance with this Act;
“chairman” means the chairman of the Board; 681 1960 s. 2 (I).
“hotel” means an establishment falling within any of 431 196s
S. 2 (b). the categories of buildings prescribed by regula-
tions made undex this Act as constituting hotels
for the purpose of this Act;
“resort cottage” means subject to section 16 (1) (b) any i312971
building containing not less than two furnished 7/1985
bedrooms, a furnished living room, bathroom faci- ’- * (a).
lities and facililties for the preparation and con-
sumption of meals, and used for the accommoda-
tion of transient guests, including tourists, for
reward;
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TOURIST BOARD 4
7/ 1985
s. 2 (b). “tourism enterprise” means, subject to section 2 3 ~ , the
(a) any car rental or U-drive services or any
service of rental of motor vehicles as de-
fined in section l l of the Road Traffic Act;
(b) sites and other facilities for camping;
(c) water sports services;
(d) any other service,
provision in Jamaica of-
utilized by or offered to tourists and declared by
the Minister, by order, to be a tourism enterprise;
“tourist” means a person, not being the holder of a
Jamaican passport, who is in Jamaica-
(a) on a visit; or
(b) intransit, from a place outside Jamaica to
some other place outside Jamaica;
“tourist accommodation” means, subject to section 16
(1) (b), a hotel, resort cottage or any uther premises
or any vehicles, boats, ships or places where accom-
modation is ouered to tourists for reward;
“water sports” includes scuba diving, water skiing, jet
skiing, parasailing, sunfish sailing, boat excursions,
snorkelling and such other sports activities as the
Minister may by order declare to be water sports
for the purposes af this Act.
Establishment and Constitution of Board
Establish- 3.-(1) There shall be established for the purposes Of
composition this Act a body to be called the Tourist Board:
18/1963 Provided that it shall be lawful for the word “Jamaica”
to be used in such manner as the Board may approve, as
part of their name, in any communication or document or
in any proceedings.
men t and
of Board.
S. 3 (a).
13/1970 (2) The Board shall consist of-
(a) a Director of Tourism; and s. 2.
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TOURIST BOARD
(b) not less than five nor more than eleven other 71198s s. 3. members,
appointed by the Minister by instrument in writing.
the Board to be chairman thereof.
(3) The Minister shall appoint one of the members of
4.-(1) If the chairman is absent or unable to act, the Acting
Minister may appoint any person, whether a member of appoint- menb.
18/1963 s. 4. the Board or not, to act temporarily as chairman.
(2) If any member of the Board other than the chair-
man is absent or unable to act, or has been appointed
under subsection (1) to act temporarily as chairman, the
Minister may appoint any person to act temporarily in the
place of that member.
5. A member of the Board shall, subject tc the pro- Tenureof
visions of this Act, hold office for a period not exceeding member, office of
three years, but such member shall be eligible for re-
appointment.
6.-(1) Any member of the Board, other than the chair- Rdgnafion
man, may at any time resign his offie by instrument in
writing addressed to the Minister and transmitted through
the chairman, and from the date of the receipt by the
Minister of such instrument, such member shall cease to
be a member of the Board.
(2) The chairman may at any time resign his office
by instrument in writing addressed to the Minister and
such resignation shall take effect as from the date of the
receipt of such instrument by the Minister.
7. The Minister may at any time revoke the appointment
of appoint-
ment of any member of the Board.
181 1963
s.6. indujon of this page is aucborized by LN. 87L198q
6 TOURIST BOARD
Publication
of member-
ship of
Board.
Incorpora-
tion.
18/ 1963
s. 7.
Procedure
and
mtatings.
1811963
s. 8.
8. The names of all members of the Board as first con-
stituted and every change in the membership thereof shall
be published in the Gazette.
9.-(1) The Board shall be a body corporate having
perpetual succession and a common seal with power to
purchase, lease or otherwise acquire and hold and dispose
of land and other property of whatever kind.
(2) The seal of the Board shall be authenticated by
the signatures of the chairman or one ineinber of the Board
authorized to act in that behalf and the secretary of the
Board and such seal shall be officially and judicially noticed.
(3) All documents, other than those required by law
to be under seal, made by, and all decisions of, the Board
may be signified under the hand of the chairman, any
member authorized to act in that behalf, or the secretary
of the Board.
(4) The Board may sue or be sued in their corporate
name and may for all purposes be described by such name.
10.-(1) The Board shall meet at such times as may be
necessary or expedient for the transaction of business, and
such meetings shall be held at such places and times and
on such days as the Board may determine.
(2) The chairman may at any time call a special
meeting of the Board and shall call a special meeting to
be held within seven days of a written requisition for that
purpose addressed to him by any three members of the
Board.
(3) The chairman shall preside at all meetings of the
Board at which he is present, and in the case of his absence
from any meeting the members present shall elect one of
their number to act as chairman at that meeting.
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TOVRlST BOARD 9
12. Subject to the provisions of this Act, the Board General
shall have power, for the purpose of the execution of their Bowd.
duty and the discharge of their functions under section 11-
(a) to carry on all activities the carrying on whereof
appear to them to be requisite, advantageous or
convenient for or in connection with the discharge
of their said duty;
(6) to do anything and to enter into any transaction 1 8 1 1 ~ 3
(whether or not involving expenditure, borrowing, 4,/ 1975
granting of loans or investment of money, the ac- S. 2.
quisition of any property or rights or the disposal
of any property or rights) which in their opinion is
calculated to facilitate the proper discharge of their
functions or is incidental or conducive thereto.
powers of
s. 10.
12~.-(1) Subject to the provisions of this section, the Borrowing
powers.
5. 3.
Board may borrow sums required by them for the purpose 47/1975
of financing approved projects :
Provided that the aggregate amount outstanding on loan
to the Board, at any one time shall not exceed $500,000 or
such higher amount as the Minister may from time to time
approve.
(2) The power of the Board to borrow shall be exer-
cisable only with the approval of the Minister responsible
for finance, as to the amount, as to the source of the
borrowing and as to the terms on which the borrowing
may be effected. An approval given for the purposes of this
subsection may be either general or limited to a particular
borrowing or otherwise, and may be either unconditional
or subject to conditions.
(3) In this section “approved project” means a pro-
ject approved by the Minister as being likely to be finan-
cially viable without subvention from the Board or from
Government.
-
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10 TOURIST BOARD
Guarantee
by Minister
of borrow-
ings by
Board and
repayment
of sums
issued to
meet
guarantee.
4711975
s. 3.
Remunem-
tion of
members.
1811963
s. 12.
05ccrs.
agents and
servants.
181 1963
s. 12.
M/1999
S. ZaXi).
12B.-( 1) With the approval of the House of Representa-
tives, the Minister responsible for finance may guarantee,
in such manner and on such conditions as he may think
fit, the payment of the principal and of interest on any
authorized borrowings of the Board.
(2) Where the Minister responsible for finance is
satisfied that there has been default in the repayment of
any principal monies or interest guaranteed under the pro-
visions of this section, he shall direct the repayment out
of the general assets and revenue of this Island of the
amount of which there has been default.
(3) The Board shall make to the Accountant-
General, at such times and in such manner as the Minister
responsible for finance may direct, payments of such
amounts as may be so directed in or towards payment of
any sums issued in fulfilment of any guarantee given under
this section, and payments of interest on what is outstanding
for the time being in respect of any sums so issued at such
rate as the Minister responsible for finance may direct,
and different rates of interest may be directed as respects
different sums and as respects interest for different periods.
13. There shall be paid from the funds of the Board to
the members of the Board such remuneration, if any,
whether by way of honorarium, salary or fees, and such
allowances as the Minister may determine.
14.-(1) The Board may appoint and employ at such
remuneration and on such terms and conditions as they
think fit a secretary and such officers, agents and servants
as they think necessary for the proper carrying out of the
provisions of this Act :
Provided that-
,(a) no salary in excess of the prescribed rate shall be
assigned to any p a t without the prior approval
of the Minister; and
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TOURIST BOARD I1
(h) no appointment shall be made to any post to
which a salary in excess of the prescribed rate 3411999
is assigned, without the prior approval of the
Minister.
S. 2(a)(ii).
( 1 ~ ) In subsection (1) prescribed rate means a rate 34/1999
s. 2 0). of seven hundred and fifty thousand dollars per annum or
such higher rate as the Minister may, by order, prescribe.
(2) The Director of Tourism shall be responsible to
the Board for the day to day administration of the business
of the Board.
(3) Where the Director of Tourism is absent or un-
able to act and no acting appointment has been made by the
Minister under section 4, the Board may authorize an
officer in their service to perform temporarily the functions
specified in subsection (2).
15-41) The Board may provide, for the purposes of Emblems.
4311965 this section, supplies of such emblems as the Board may Sa4.
think fit.
(2) Where the Board are of opinion that any person
offering or providing by way of trade or business any
goods, entertainment, transportation, accommodation, food
or drink to or for tourists maintains integrity and a high
standard of service in the conduct of such trade or
business, the Board may-
(a) supply to that person any of the emblems of the
Board; and
(b) permit him to display such emblem, subject to
such restrictions and on such conditions as the
Board may impose.
16.-( 1) The Minister may make regulations generally for Regulations.
711985 the better carrying out of the purposes of this Act and in ss 6 (a)(i).
particular but without prejudice to the generality of the fore-
going may make regulations providing for-
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RL-79
12 TOURIST BOARD
(a) the measures and methods to be adopted in
improving the basis of the tourist industry in
Jamaica and in controlling and eliminating un-
desirable factors that may affect it;
7/1W (b) the categories-
S. 6 (a) (is
(i) of lands and buildings which constitute
hotels and resort cottages;
(ii) & premises, vehicles, boats, ships or places
which constitute or may be treated as
other tourist accommodation,
and the circumstances in which and the terms
on which any such lands, buildings, premises,
vehicles, boats, ships or places may be exempted
from any requirement of this Act;
(c) the keeping of records of the number of tourists in
Jamaica during any period and of the countries
to which they belong;
(d) the imposition of fees or charges in such cases as
may be determined by the Board for services
rendered by the Board, their servants or agents,
in carrying out the provisions of this Act;
7/1985 (e) the licensing of such categories of persons employed
in tourist accommodation or tourism enterprises
as may be prescribed;
(f) the designation of prescribed areas and for regu-
lating the activities and conduct of persons-
(i) soliciting for any prescribed purpose in
those areas; cm
(ii) who, having no fixed place of business in
those areas or whose business activities
are not carried out pursuant to any
licence granted for that purpose under the
provisions of any other enactment, offer
goods or services to members of the public
in those areas;
S. 6 (a) (ivk
71 1B5
S. 6 (a) (W
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TOURIST BOARD 13
(g) the licensing of persons referred to in paragraph (f); 7/1985 S. 6 (a)(iv).
(h) the fees to be paid in respect of any licence OT 7/1985
S. 6 (a) (iv). other approval granted under this Act;
(i) the form and manner in which applications for 711985 S. 6 (a) (iv). licences under this Act shall be made.
(2) Regulations made under this section may em-
power any person, whether such person be a member or
officer or servant of the Board or not, to issue such direc-
tions to owners OF managers of tourist accommodation and :./\97:,.
other persons engaged in the tourist industry as may be
necessary for securing compliance with or carrying out the
purposes of this Act or of any regulations made thereunder.
subject to negative resolution.
vide for the imposition, on conviction in a Resident
Magistrate's Court, of the following penalties for offences
under those regulations-
(a) a fine not exceeding one hundred thousand dollars
or imprisonment for a term not exceeding twelve
months, or both; and
(b) a fine not exceeding fifty thousand dollars for
every day on which an offence is continued after
conviction; and
(c) a fine not exceeding one hundred and fifty thou-
sand dollars, or imprisonment for a term not
exceeding twelve months, or both, in the case of
a second or subsequent conviction.
(3) All regulations made under this section shall be ;~Jz;.
(4) Regulations made under this section may pro- ~ 1 9 9 9 s. 3.
17.-(1) No member of the Board shall be personally Protection
of memben liable for any act or default of the Board done or omitted 18/1963
to be done in good faith in the course of the operations of S. *'.
the Board.
(2) Where any member of the Board is exempted
from liability by reason only of the provisions of this
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14 TOURIST BOARD
Powers of
hlinisier.
Funds and
resources
of Board.
Accounts
and audit.
I X I I963
S. IS.
section, the Board shall be liable to the extent that they
would be if the member was a servant or agent of the
Board.
18. The Minister may give to the Board directions of a
general character as to the policy to be followed in the
exercise and performance of their functions under this Act
in relation to matters appearing to him to concern the
public interest and the Board shall give effect to any such
directions.
Financial Provisions
19. The funds and resources of the Board shall consist
(a) such sums as may be provided annually for the
purpose in the Estimates of Revenue and Expen-
diture of the Island;
(6) all sums received by the Board as payment for
adver tisements;
(c) all sums collected under the authority of regula-
tions made under this Act;
(d) all other sums or property which may in any man-
ner become payable to or vested in the Board in
respect of any matter incidental to their powers
and duties.
Of-
20.-(1) The Board shall keep accounts of their trans-
actions to the satisfaction of the Minister and such accounts
shall be audited annually by an auditor appointed by the
Board with the approval of the Minister.
(2) The members, officers, agents and servants of the
Board shall grant to the auditor appointed to audit the
accounts of the Board under the provisions of subsection (1)
access to all books, documents, cash and securities of the
Board and shall give to him on request all such information
as may be within their knowledge in relation to the opera-
tion of the Board.
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TOURIST BOARD 15
(3) So soon as the accounts of the Board have been
audited, the Board shall furnish to the Minister a copy of
the audited financial statement together with a copy of any
report made by the auditor thereon or on the accounts of
the Board.
21.-(1) The Board shall in each year prepare and pre- Annual
sent on or before the 1st day of October to the Minister estimates.
a report of their proceedings during the twelve months
ending on the 31st day of March in such year.
audited financial statement and any report made by the
auditor thereon or on the accounts of the Board shall be
laid on the Table of the House of Representatives and of
the Senate and shall be published in the Gazette.
the Minister may from time to time direct, submit to him
for approval their estimates of revenue and expenditure in
respect of the period of twelve months commencing on the
1st day of April next following, and a copy of such
estimates, as approved, shall be published in the Gazette
and in a daily newspaper circulating in the Island.
Miscellaneous
report and
(2) A copy of such report together with a copy of the ~ * { ~ ~ ~ ~ .
(3) The Board shall in each year, within such time as W1963 S. 16 (b).
22.-(1) From and after the appointed day no person T s m o -
shall operate a hotel unless there is in force in respect of datim
(2) From and after such day, not being earlier than
six months after the 4th November, 1971, as the Minister s. 7 (a).
shall specify in a notice published in the Gazette and in
at least one issue of a daily newspaper printed and circula-
ting in Jamaica, no person shall operate a resort cottage
unless there is in force in respect of such resort cottage a
licence granted under this Act.
by the Minister by notice published in the Gazette, no per-
tobe
licensed.
33/1971
such hotel a licence granted under this Act.
(3) From and after such date as may be prescribed :!\9%,.
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16 TOURIST BOARD
711985
S. 7(b).
Licences
€m tourist
a w m m o -
dation.
7/ 1985
S. 8.
son shall operate any tourist accommodation (not being a
hotel or resort cottage) unless there is in force in respect of
such accommodation a licence granted under this Act-
(4) Where-
(a) any tourist accommodation referred to in subsec-
tion (3) is in operation on the date prescribed by
the Minister pursuant to that subsection; and
(6) the person who operates that tourist accommoda-
tion has applied for a licence in accordance with
section 23,
the operation of that tourist accommodation may, subject
to such terms and conditions (if any) as the Board may
stipulate, be continued pending the grant of a licence or,
as the case may be, the determination of an appeal under
section 2 3 ~ .
23.41) Every application for a licence under this Act
in respect of tourist accommodation, shall be made to the
Board in such form and manner as may be prescribed or
approved by the Board.
(2) A licence granted in respect of any tourist
accommodation-
(a) shall, subject to any power of the Board to revoke
or suspend such licence, be granted for an indefinite
period; and
(b) may be granted either unconditionally or subject
to such restrictions and on such conditions as may
be specified in the licence.
(3) Where the Board decides not to grant a licence
in respect of any tourist accommodation, the Board shall,
in writing, notify the person who made the application of
its decision and of the right of appeal conferred by section
2 3 ~ .
(4) The Board shall cause to be kept a list of all
tourist accommodation in respect of which licences granted
under this Act are in force.
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TOURIST BOARD 17
BA.-( 1) From and after such date as may be prescribed power to
by the Minister by notice published in the Gazette (herein-
after referred to as “the specified date”) no person shall $?*
operate or maintain any tourism enterprise unless such fp&
person is the holder of a licence granted under section 2 3 ~ . S. 9.
(2) Where-
(a) any tourism enterprise is in operation on the
specified date; and
(6) the person who operates or maintains that tourism
enterprise has applied for a licence in accordance
with section 2 3 ~ ,
the operatian of that tourism enterprise may, subject to
such terms and conditions (if any) as the Board may
stipulate, be continued pending the grant of a licence or,
as the case may be, the determination of an appeal under
section 2 3 ~ .
(3) The Minister may, by order, exempt any
category of tourism enterprise from the provisions of this
Act if he is satisfied that the service provided by that
category of enterprise is not provided primarily for tourists.
23~.-(1) Every application for a licence under section GmnCof
manner as may be prescribed in re@ations or approved t”c
by the Board.
(2) Any licence granted under this section may be
granted on such terms and subject to such mditions as
the Board may specify in the licence and shall be for such
period as may be specified in the licence.
2 3 ~ shall be made to the Board in such form and in such licences for
711985
s. 9.
(3) The Board shall cause to be kept a list of a l l
persons to whom a licence is issued under this section.
p 3 e ilxiuebn of tbispaoeia auhlmd ’ by LN. 87Ll98q
18 TOURIST BOARD
Refusal
to grant
or renew
licence
under
section
23B.
711985 s. 9.
RCVOW-
tion or
suspen-
sioo of
licence.
7/ 1985 s. 9.
23c.41) Subject to the right of appeal conferred by sec-
tion 2 3 ~ , the Board may, in its discretion, refuse to grant
or renew a licence under section 2 3 ~ .
(2) Where the Board decides not to grant or renew
a licence in respect of a tourism enterprise, the Board shall,
in writing, notify the person who made the application or
his agent of its decision and of the right of appeal con-
ferred by section 2 3 ~ .
230.41) Where-
(a) it appears to the Board that the holder of a licence
under this Act (hereinafter referred to as the li-
censee) has contravened any provisions OP this
Act or of any licence granted thereunder; or
(b) a licensee has been convicted of an offence under
the Exchange Control Act,
the Board may, by notice in accordance with this section,
require the licensee to show cause within such time as may
be specified in the notice, why the licence should not be
revoked or suspended.
(2) Where-
(a) the licensee fails to comply with a requirement
pursuant to subsection (1) to show cause within
the time specified in the notice or if the cause
shown is inadequate in the opinion of the Board;
or
(b) after due enquiry by the Board in respect of any
allegation made against the licensee and after
giving the licensee an opportunity to be heard,
the Board is satisfied that the nature of the facts
established consequent on the enquiry is seriously
detrimental to the tourist industry,
the Board may, by order published in the Gazette (a copy
of which shall be served on the licensee), suspend the
idusion of this page is autbo~sed bv L.N. 87/1986]
TOURlST BOARD 19
/
licence for such period as the Board may consider necessary
OT desirable, or, as the case may be, revoke the licence from
such date as may be specified is the order.
(3) Where an order under subsection (2) is in res-
pect of tourist accommodation, then unless the order relates
to-
(a) action taken under the Public Health Act; or
(6) the safety of occupants of the accommodation,
the date specified pursuant to subsection (2) shall be not
earlier than ninety days after the date of the order.
(4) All rights and privileges enjoyed under any
licence that is revoked or suspended pursuant to subsection
(2) shall cease to have effect upcm such revocation or for
the period of suspension, as the case may be, but such revo-
cation or suspension shall not, in any way affect the
liability of any person in respect of any contravention of
this Act or of the licence that may have occurred prior to
the revocation or suspension.
(5) The Minister may if he thinks fit, upcm applica-
cation by a person aggrieved by an order of the Board
under this section and for the purpose of facilitating any
appeal therefrom, stay execution of that order by amending
the date stated in the order as the date from which the
revocation or suspension has effect.
Apvcal. =a--( 1) Any person aggrieved-
(a) by a decision of the Board granting, refusing to S. 71 1985 9.
grant, renewing or refusing to renew a licence; or
(b) by an order of the Board revoking or suspending
may, within fifteen days of the date of service of the notifi-
cation required under section 23 43) or 23c (2) or within
fifteen days of the date of the order under section 2 3 ~ as
the case may be, appeal in writing against such decision or
a licence,
p induioq of &.is page is authorized by LN. 87/198q
20 TOURIST BOARD
order to the Tribunal appointed by the Minister under
subsection (3) :
Provided that the Tribunal, upon being satisfied that
owing to absence from the Island, sickness or other
reasonable cause, the person aggrieved was prevented from
appealing within such period, may extend the period as
may be reasonable in the circumstances.
(2) On the determination of an appeal under this
section the Tribunal may make such order as it thinks fit
and if any such order relates to an order of the Board
under section 2 3 ~ it shall be published in the Gazette.
(3) The provisions of the Schedule shall have effect
as to the constitution of the Tribunal and otherwise in
relation thereto.
(4) Any person aggrieved by the Tribunal's decision
on any matter may appeal to a Judge in Chambers in such
form and manner as may be provided by rules of court
and the Judge in Chambers may make such order in rela-
tion to the appeal as he thinks fit.
(5) The decision of a Judge in Chambers on an
appeal pursuant to subsection (4) shall be final.
Schedule.
Enforc~
ment of
OrderS.
71 1985
s. 9.
23~.-(1) Without prejudice to the provisions of subsec-
tions (2) (a), (3) and (4) of section 24, if the licensee fails to
comply with an order of the Board under section 2 3 ~ or
any order made by the Tribunal under section 2 3 ~ con-
firming or modifying the order of the Board the Minister
may take such steps as he considers appropriate to ensure-
(a) where the order revokes the licence, that the licensee
ceases the operation of the tourist accommodation
or tourism enterprise to which the licence relates;
or
(b) where the order suspends the licence, that the
licensee suspends the operation of the tourist
R i w indusion of this page b a u b r k l by LN. 87/19863
TOURIST BOARD 21
accommodation or tourism enterprise to which
the licence relates for the period specified in the
order.
(2 ) Where authorized thereto by the Minister acting
pursuant to subsection U), a member of the Jamaica
Constabulary Force may use such force as may be necessary
for the purpose of ensuring compliance with an order
referred to in that subsection; and any person who hinders
or obstructs any such member acting as aforesaid shall be
guilty of an offence and shall be liable on summary convic-
tion before a Resident Magistrate to a fine not exceeding
twenty thousand dollars or to imprisonment for a term not
exceeding two years.
2 4 4 1 ) Every person who, with intent to deceive, makes ollrnces
13 / I965
'3. G.
(a) any emblem or other device so closely resembling
an emblem of the Board as to be calculated to
deceive; or
(b) any document so closely resembling a licence
under this Act as to be calculated to deceive,
shall be guilty of an offence and shall be liable on summary
conviction before a Resident Magistrate to a fine not
exceeding ten thousand dollars m to imprisonment with 7/1w;
or to both such fine and such imprisonment.
or has in his possession-
or without hard labour for a term not exceeding two years, S . 10 (a).
(2) Every person who-
(a) operates any tourist accommodation in contraven- 3 3 1 1971
tion of section 22; or
(6) displays an emblem of the Board without the :;f;k;'.
(c) in displaying or keeping in his possession any
emblem of the Board fails to comply Mvith any
restriction subject to which, or to satisfy any con-
s. 4 (a)
I0 I 1972
permission of the Board; or S. 10 (b) (i \ .
-_____--- - - - - - - . - - - ~ - ~ - _ _ _
[The inclusion of this page is authorised bv L.N. 87/1986]
22 I'OURIST BOARD
dition on which, he was supplied with or permitted
to display such emblem; or
(4 fails to comply with any restriction subject to
which, or to satisfy any condition on which, any
licence was granted to him under this Act,
shall be guilty of an offence and shall be liable on summary
conviction before a Resident Magistrate to a fine not ex-
S. 1o (b) 'I, ceeding ten thousand dollars and in default of payment
thereof to imprisonment with or without hard labour for
7/1985 a term not exceeding two years, and where such offence
is continued after conviction such person shall be guilty of
a continuing offence and in respect of each day during
which such offence continues shall be liable to a fine not
exceeding five hundred dollars.
711965
S. 10 ( b ) ( l ,
711'8.C
S. 10 (b) (IV,
1911972
S. 2 (b).
711985 s. 10 (c) m.
111985
S 10 (c) (ii).
711985
S. 10 (c) (i).
(3) Every person who operates a hotel in contraven-
tion of section 22 shall be guilty of an offence 2nd shall
be liable on summary conviction before a Resident Magis-
trate to a fine not exceeding ten thousand dollars and in
default of payment thereof to imprisonment for a term not
exceeding two years, and where such offence is continued
after conviction such person shall be guilty of a continuing
offence and in respect of each day during which such offence
continues shall be liable to a fine nort exceeding five hun-
dred dollars.
7/1985 (4) Every person who operates or maintains a
'. l0 (d). tourism enterprise in contravention of section 2 3 ~ shall be
guilty of an offence and shall be liable on summary convic-
tion before a Resident Magistrate to a fine not exceeding
twenty thousand dollars and in default of payment thereof
to imprisonment for a term not exceeding two years, and
where such offence is continued after conviction such person
shall be guilty of a continuing offence and in respect of each
day during which such offence ccntinues shall be liable to
a fine not exceeding five hundred dollars.
[?me hclusicm d this page b authorised by L.N. 87/1986]
TOURIST BOARD 23
(5) Every person who fails to comply with an order 7/1985
S. 10 (d). revoking or suspending a licence to operate any tourist
accommodation or a tourism enterprise shall be guilty of
an offence and shall be liable on summary conviction be-
fore a Resident Magistrate-
(a) where the licence is granted in respect of a hotel, to
a fine not exceeding one thousand dollars for each
room of that hotel for every day from the date on
which the revocation or suspension came into effect
and in default of payment thereof to imprisonment
for a term not exceeding two years, and where
such offence is continued after conviction such per-
son shall be guilty of a continuing offence and in
respect of each day during which such offence
continues shall be liable to a fine not exceeding
two thousand dollars for each room of the hotel;
(6) where the licence was granted in respect of a resort
cottage, to a fine not exceeding ten thousand
dollars and in default of payment thereof to im-
prisonment for a term not exceeding two years,
and where such offence is continued after convic-
tion such person shall be guilty of a continuing
offence and in respect of each day during which
the offence continues shall be liable to a fine not
exceeding two thousand dollars; or
(c) where thelicence was granted in respect of any
other tourist accommodation or tourism enterprise,
to a fine not exceeding ten thousand dollars and in
default of payment thereof to imprisonment for a
term not exceeding two years, and where such
offence is continued after conviction such person
shall be guilty of a continuing offence and in re-
spect of any day during which the offence
continues shall be liable to a fine not exceeding
two thousand dollars.
p l m inchdar~ of tbis page b aumsed by L.N. 87/198q
23 TOURIST BOARD
7/1985
s. 11.
SCHEDULE
The Tribunal
(Section 2 3 ~ )
Constitu-
tion of
Tribunal.
Power cf
one mem-
ber to sit
alone.
Tenure of
office.
Acting
appoint-
ments.
Resigna-
tions.
Revoca-
t i m of
appoint-
ments.
Filling
of vacan-
cie,.
Publica-
tion of
rnember-
ship.
Rernunera-
tion of
members.
Voting.
I. The Trihunal shall, subject to paragraph 2, consist of three
members appointed by the Minister.
2. For the hearing of any appeal under this Act the Tribunal may
consist of one member sitting alone if the parties to the appeal agree.
3. The members of the Tribunal shall. subject to the provisions of
fhis Schedule, hold office for such period not exceedlng two years as
the Minister may determine and shall be eligible for reappointm2nt.
4. The Minister may appoint any person to act in the place of the
chairman or any other member of the Tribunal in the case of the ab-
sence or inability to act of the chairman or other member.
5 . (1) Any member of the Tribunal other than the chairman may at
any time resign his office by instrument in writing addressed to thc
Minister and transmitted through the chairman, and from the dat.: of
the receipt by the Minister of such instrument that member shall cease
to be a member of the Tribunal.
(2) The Chairman may at any time resign his office by instrument
in writing addressed to the Minister and such resignation shall take
effect as from the date of receipt by the Minister of that instrument.
6 . The Minister may at any time revoke the appointment of any
member of the Tribunal if he thinks it expedient so to do.
7. If any vacancy occurs in the membership of the Tribunal such
vacancy shall be filled by the appointment of another member.
8. The names of all members of the TribuI:.: as 5rst constituted and
every change in the membership thereof shall be published in the
Gazette.
9. There shall be paid to the chairman and other members of the
Tribunal, in respect of each appeal, such remuneration, whether by
way of honorarium, salary or fees, and such allowances as the Minister
may determine.
10. Subject to paragraph 2, the decision of the Tribunal shall be
by a majority of votes of the members, and in addition to an original
vote, the chairman shall have a casting vote in any case in which the
voting is equal.
[The inclusion Sf &is page is ailthorised by L.N. 87/1%bJ
TOURIST BOARD 25
11. Subject to the provisions of this Act, the Tribunal shall regulate Power to
its own proceedings. regulate
p r o c e d -
ings.
12. The office of chairman or member of the Tribunal shall not be Officeol
a public offic: for the purposes of Chapter V of the Constitution of chaimnn
Jamaica. or mcmSer
of Tribunal
no! publ,c
office.
[The inclusion of this page ir authorised by L.N. F7/1986]
