Cap. 409 Art. 41Serving of notice. provisions as to enforcement.

(1) If it appears to the Authority that any tourism run in violation of any of the provisions of this Act or of any regulations made hereunder, or that circumstances have arisen which justify the revocation of the licence, the Authority shall serve a notice on the owner of the tourism operation or, in the case of a tourist guide, on the tourist guide, requiring the tourism operation to be stopped forthwith or, in cases not involving an unlicensed tourism operation, that the tourism operation be stopped forthwith or that the irregularity be rectified.

(2) A copy of the notice given under subarticle (1) shall also be served on any operator of the tourism operation and on any employees in the tourism operation and a copy shall be fixed at a point of entry into each of the premises used for or in connection with the tourism operation.

(3) Except as otherwise provided in this article, a notice given under subarticle (1) (in this Act also referred to as an "enforcement notice") shall -

(a) in respect of any requirement stopping or prohibiting the further carrying on of a tourism operation, take effect immediately upon service of the notice;

(b) in respect of any other requirement, take effect immediately upon service of the notice or at the expiration of such period as shall be specified.

(4) Any person who feels himself aggrieved by any enforcement notice served on him may, within fifteen days from the service of the notice, appeal against it to the Board; and in any such appeal the Board -

(a) if satisfied that a licence was in force under this Act for the tourism operation to which the enforcement notice relates or that no such licence was required in respect thereof, as the case may be, or that the conditions subject to which such licence was granted were complied with and that the tourism operation to which the enforcement notice relates was being run in accordance with the provisions of this Act and of any regulations made hereunder, shall quash the enforcement notice to which the appeal relates or such part thereof in respect of which the Board is satisfied as aforesaid;

(b) in any other case, shall dismiss the appeal.

(5) An appeal shall suspend the effects of the notice against which the appeal is entered, except those that stop the carrying on of a tourism operation, until such time as the appeal is determined. The appeal, if upheld, shall cancel this notice.

(6) When an appeal is dismissed, the Board may direct that, in respect of any requirement, other than a requirement stopping or prohibiting the further carrying on of a tourism operation, the discontinuance, stoppage or similar requirement to be taken by an enforcement notice have not been taken within the time specified therein, or forthwith if so specified, the Authority may enter the tourism operation, other than a tourist guide, to which the enforcement notice relates and take such steps, including the closure of the tourism operation or other action as required by circumstances and may for such purpose request the assistance of the police which shall for such purpose exercise such powers as are vested in them for the prevention of offences and the enforcement of law and order.

(2) Notwithstanding the provisions of any other law, no precautionary warrant or other order shall be issued or made by any court restraining the Authority from the exercise of any of the powers conferred upon it by this article.

(3) All expenses reasonably incurred by the Authority to carry out an enforcement notice under this article shall be recoverable as a civil debt by the Authority from the person who is then the owner of the tourism operation or, in the case of a tourist guide, from the tourist guide, to which the enforcement notice relates, without prejudice to such right of recovery such person may have against any other person.