P. 1
Ghana- National Tourism Authority Bill, 2009-Memorandum

Ghana- National Tourism Authority Bill, 2009-Memorandum

|Views: 3|Likes:
Published by Jean Lukaz
Ghana- National Tourism Authority Bill, 2009-Memorandum
Ghana- National Tourism Authority Bill, 2009-Memorandum

More info:

Published by: Jean Lukaz on Oct 07, 2013
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less

11/05/2014

pdf

text

original

NATIONAL TOURISM AUTHORITY BILL, 2009 MEMORANDUM The object of this Bill is to establish the National Tourism Authority

to regulate the tourism industry. Tourism has become a global and highly competitive socio-economic and environmental activity in both developed and developing countries. It has become the largest and fastest growing industry world-wide, and stimulates other sectors such as agriculture, finance and manufacturing. Apart from generating foreign exchange earnings and revenue for governments, tourism has the potential of becoming a powerful tool in pro-poor development strategies. It has the ability to create jobs and wealth for local economies, as well as contribute to conserving natural resources. Tourism can also create entrepreneurial opportunities in the formal and informal sector. It is envisaged that tourism will become one of the pillars of productive and sustainable source of decent employment and poverty reduction in this country. Rural communities can be strengthened by development brought to their areas where prime tourism attractions are located by tourists. The environment may also be protected when tourism activity is reliant on the maintenance and restoration of the landscape and its natural features, lakes, beaches, forests, wetlands and wildlife areas. Despite the role of tourism in national development, and its role in the conservation of historical, cultural and natural resources, there is no formal linkage between the tourism sector agencies and the agencies that have direct responsibility for these resources. There are many laws that impact on tourism, dealing separately with hotels, wildlife preservation, national museums and monuments, investment promotion among others. The co-ordination between tourism and agencies that enforce the laws, some of which impact negatively on tourism promotion and growth, is weak. For competitive and sustainable tourism development, there is the need for linkage between tourism legislation and other related laws to remove bottlenecks against growth in the tourism industry. Currently, there are two implementing agencies in the tourism structure. These are the Ghana Tourist Board and the Hotels, Catering and Tourism Training Centre. The Tourist Board provides co-ordination and regulation of the tourism industry as well as the marketing of tourism, research, registration and licensing. The training centre provides basic hotel and catering training. There is also the Ghana Tourist Development Company which is an autonomous quasi-public entity which is the development and investment wing of the Ministry responsible for Tourism.

1

This structure is incompatible with modern tourism requirements and does not accord with best practice world-wide. The collaboration between Ministries, Departments and Agencies has been weak and the structures at the regional and district levels are not well defined. The relationship between the public and private sector as regards tourism development and promotion has also been weak. The Bill is cross cutting and this has been spelt out in clause 1 which deals with its application to suppliers of tourism products as well as other stakeholders in the industry. It is to address these issues that the government has considered it expedient to establish a National Tourism Authority to regulate the tourism industry. It is to be a corporate body, clause 2. The main object of the Authority in clause 3 is the sustainable development of the industry, marketing and co-ordination are also key objects of the Authority. The functions of the Authority are many and include the management and development of tourist sites, the licensing and regulation of tourism enterprises, investigation of unsound tourism practices and the preparation of action plans. The Authority is also to conduct research and advise the Minister. The governing body of the Authority is a Board comprising eleven people with four people from the private sector with the requisite professional qualification, taking gender balance into consideration. Clause 6 – 12 deals with standard provisions on the Board. Clause 13 – 16 provides for departments of the Authority and contains provisions on the Chief Executive and staff. Provision is made for Regional Tourism Boards and District Tourism Development Committees, clause 17 – 21 and the composition of the governing bodies of these bodies has been stipulated in the Bill. Clause 22 – 27 deals with finances of the Authority. Funds of the Authority include fees from income-generating activities as well as other moneys that are approved by the Minister responsible for Finance. In clause 23, the Authority is given the power to obtain loans and credit facilities required for the implementation of its functions. This is however, subject to article 181 of the 1992 Constitution and the Loans Act of 1970 (Act 335). Clauses 24 and 25 deal with the annual budget, accounts and audit of the Authority. Under clause 26 the Authority is exempted from payment of tax. Clause 27 deals with the annual report and other reports that the governing body of the Authority has to submit to the Minister.
2

Clause 28 – 35 establishes the Tourist Development Fund. The object is to provide funding for tourism and tourism-related projects and programmes in both private and public sectors, clause 29. The Financial resources, of the fund are spelt out in clause 30. These are seed capital from the Government, one percent bed tax payable by a patron of an accommodation enterprise, fifty per cent of which will go towards tourism product development, donations and other monies that the Minister of Finance and Economic Planning in consultation with the Minister of Tourism and with the approval of Parliament may determine to be paid into the Fund. Clause 31 provides for moneys of the Fund to be paid into a Bank Account opened for the Tourism Development Fund. The management of the Fund is stated in Clause 32. Clause 32(1) provides for the establishment of a Management Board for the Fund which shall be composed of seven members. Clause 32(3) provides the functions of the Management Board. Board. Clause 33 deals with the administrative arrangements for the Management

Clause 34 deals with the annual programme of expenditure from the Fund which the Board is to prepare at least three months before the end of each financial year. The issues to be considered for the preparation and approval of the annual expenditure include the policy direction of the Ministry for Tourism, affordability of the programme and appropriateness of the amount allocated for each item, clause 34 (5). Clause 35 – 37 deals with the purpose of disbursement of the Fund, withdrawal procedure and staff of the Fund. Clause 38 deals with the execution of contracts. The clause stipulates that the use of the seal of the Authority authenticated by the signature of the Chief Executive or an authorised member of the Board validly constitutes the execution of a contract by the Authority. Other issues dealt with by the clause are the appointment of persons to act as attorneys on behalf of the Authority outside the country and the effects of the use of the common seal of the Authority. Clause 39 deals with the custody, management and improvement of tourism assets. The Authority is empowered to keep and manage assets and make necessary improvements to the assets of the Authority. The Authority may also sell, convey, lease or dispose of assets on terms and conditions that the Authority considers desirable. Clause 40 deals with the liabilities incurred by the Ghana Tourist Development Company Limited or any of its predecessors.
3

Clause41-48 deals with regulation of tourism enterprises. Clause 41 prohibits a person from operating a tourism enterprise unless that person holds a valid licence issued by the Authority in that respect. Clause 42 places an obligation on a person who intends to operate a tourism enterprise to apply for a licence in the form prescribed by the Authority. Other provisions under the clause are the procedure for receipt of applications, conduct of investigations and requirement to submit further information to the Authority. In addition, the Authority is to cause the inspection of premises to which the application relates by an inspector and the submission of a report to that effect. Clause 43 provides for grant of the licence. Factors for consideration by the Authority before granting the licence include whether proper provision for sanitation of the premises for the storage, preparation, cooking and serving of food and drink has been made, and whether the premises conforms to laws related to sanitation, public health and safety among others. Clause 44 prohibits the transfer of a tourism licence to another person. Clause 45, states the requirement of registration with the Authority for a person who manages or exercises overall control of a tourism enterprise. Clause 46 provides for the renewal of a tourism enterprise licence. The period of validity of a tourism licence is twelve months subject to renewal within twelve months after issuance of the licence. Clauses 47 provides for the suspension, cancellation or modification of a tourism licence by the Authority if the licence contravenes the Act or regulations made under the Act, or if the Minister has good reason for the cancellation or modification. The clause further states the conditions for the suspension, cancellation or modification of the licence which are at least thirty working days written notice in case of suspension or at least ninety days written notice in the case of cancellation or modification. Provision is made for a person dissatisfied with the operations of an operator to make a complaint on services provided by the tourism operator in clause 48. Clause 49 is on appeals against acts of the Authority. Some of the issues specified are refusal of the Authority to grant or modify a licence, the modification, suspension or cancellation of a licence or any other decision of the Authority. Clause 50 establishes the Tourism Appeal Tribunal. The responsibility of the Tribunal is to consider and determine appeals provided for under clause 49. The clause also deals with the standard provisions on composition of the Panel, tenure of office of members and the quorum at a meeting of the Tribunal
4

Clause 51 – 54 deals with the duties, liabilities and privileges of tourism licence holders. The holder of a licence is to keep a register for the registration of the name and address of guests on the premises. The licence holder is to provide each guest with a registration card to be completed by the guest. Clause 52 deals with the liability of a holder of a tourism licence to guests for loss or damage to the property of a guest subject to certain conditions. Clause 53 places an obligation on the holder of a tourism licence to display a notice on its premises related to property brought to the premises by a guest. Clause 54 empowers a holder of a tourism licence to sell property deposited or left on the premises by a debtor subject to certain conditions. These include expiration of a period of six months after the accrual of the debt, the debt remaining unpaid and the issue of a notice related to the intended sale in a national newspaper. Clause 55 makes provision for the appointment of inspectors. The inspectors are to be issued with certificates of appointment by the Authority. Clause 56 outlines the powers of inspectors. Generally, they are to enter, inspect and examine a tourism enterprise by day or by night. An inspector is mandated to take along a police officer in the discharge of duty. An inspector is to require the production of a register, licence or document kept on premises and to inspect, examine or copy any of the documents. Clause 57 prohibits the obstruction of an inspector in the performance of a function under the Act. Some of the acts which constitute obstruction are delay of an inspector in the performance of the inspector’s functions, failure to produce a register, licence or document which that person is required to produce and withholding information related to the operator of the enterprise. Under clause 58 the Authority is to provide for a public private partnership forum to encourage public private partnerships around tourism development opportunities. Sub-clause (2) and (3) deal with the functions and meetings of the Forum. Clause 59 prohibits the practice of sex tourism. Engagement of a person in sex tourism by living off a prostitute’s earnings or corrupting a person for immoral purposes constitutes an offence liable to a fine of not more than four hundred and fifty penalty units or a term of imprisonment of not more than three years. Clauses 60 deals with collaboration by public agencies with staff of the Authority. Clause 61 deals with the control of advertisements and promotions. Advertisements which are likely to mislead consumers or withhold information related to their rights and obligations under a consumer transaction are prohibited. Contravention will lead to the imposition of a fine of two hundred and fifty penalty units or a term of imprisonment of two years or to both.
5

Clause 62 deals with the designation of tourist sites. The Minister is to designate a location by regulation which is predominantly visited by tourists or has tourist potential as a tourist site. Clause 63 prohibits the export from the country of trophies by a tourist except in accordance with the Wild Animals Preservation Act, 1961 (Act 43). The interpretation section defines “trophy” to include a dead animal or live animal and a bird mentioned in the Schedule to the Wild Animals Preservation Act, 1961 (Act 43) but excludes a trophy which has lost its original identity by a manufacturing process carried out in good faith. Clause 64 deals with antiquities in accordance with the National Museum Act, 1969 (NLCD 387). Clause 65 provides for Regulations. Some of the matters for regulations are the prescription of fees to be paid under the Act, prescription of further conditions for the licensing of tourism enterprises, prescription of categories of tourist enterprises, classification of hotels, provision for tour guides, safety and welfare of tourists and generally for carrying the provisions of the Act into effect. Clause 66 deals with the dissolution of the existing Board and vests the assets of the Board in the Authority. The assets, rights, property, obligations, liabilities and staff of the Board established under the Ghana Tourist Board Act, 1973 (NRCD 224) are transferred to the Authority. The interpretation clause is clause 67. Clause 68 makes repeal, saving and transitional provisions for enactments related to Tourism.

MINISTER FOR TOURISM

Date:

6

NATIONAL TOURISM AUTHORITY ACT, 2009 Arrangement of sections Section PART ONE – NATIONAL TOURISM AUTHORITY 1. Application Application, Establishment, functions and governing body

2. Establishment of the National Tourism Authority 3. Objects of the Authority 4. Functions of the Authority 5. Governing body of the Authority 6. Tenure of office of members of the Board 7. Meetings of the Board 8. Disclosure of interest 9. Establishment of committees 10. Allowances 11. Further rules 12. Ministerial directives Administration and staff of the Authority 13. Departments of the Authority 14. Chief Executive 15. Functions of the Chief Executive 16. Appointment of other staff 17. Regional offices of the Authority 18. Regional office of the Authority 19. District Tourism Development Committee 20. Appointment of other staff for the Regional Board 21. Meetings of regional offices
7

Finances of the Authority 22. Funds of the Authority 23. Loans, bank accounts and investments 24. Annual budget of Authority 25. Accounts and audit 26. Tax exemption 27. Annual report and other reports Tourism Development Fund 28. Establishment of the Tourism Development Fund 29. Object of the Fund 30. Financial Resources of the Fund 31. Bank Account of the Fund 32. Management of the Fund 33. Administrative arrangements for the Management Board 34. Annual programme of expenditure from the Fund 35. Purpose of disbursement of the Fund 36. Withdrawal procedure 37. Staff of the Fund 38. Execution of contracts 39. Custody, management and improvement of tourism assets 40. Liabilities arising from the operations of the Ghana Tourism Company Limited PART TWO – REGULATION OF TOURISM ENTERPRISES Licensing of tourism enterprises 41. Tourism enterprises to be licensed 42. Application for licence and consideration of application 43. Grant of licence 44. Non-transferability of licence 45. Registration of managers of enterprises 46. Renewal of tourism enterprise licence
8

47. Power to suspend, cancel or modify licence 48. Complaints on services provided by operator Tourism Appeal Panel 49. Appeals against acts of the Authority 50. Composition of Tourism Appeal Tribunal Duties, liabilities and privileges of tourism enterprise licence holders 51. Register to be kept by tourism enterprise licensees in the case of hotels 52. Liability to guests 53. Notice on premises of tourism enterprises in respect of property of guest 54. Right of Sale 55. Appointment of inspectors 56. Power of inspectors 57. Obstruction of inspector Public Private Partnership Form 58. Public Private Partnership Forum Miscellaneous provisions 59. Sex Tourism 60. Collaboration with Public agencies 61. Control of advertisement and promotions 62. Designation of tourist site 63. Export of trophy 64. Antiquities 65. Regulations 66. Dissolution of existing Board and vesting of assets in Authority 67. Interpretation 68. Repeal, saving and transitional provisions SCHEDULES
9

Inspectors

A BILL ENTITLED NATIONAL TOURISM AUTHORITY ACT, 2009 AN ACT to establish the National Tourism Authority to regulate the tourism industry and for related matters. ENACTED by the President and Parliament: PART ONE – NATIONAL TOURISM AUTHORITY Application Application, Establishment, functions and governing body

1. This Act applies to tourism activities, public sector tourism activities directed at promoting tourism, suppliers of tourism products and services, international and domestic tourists and consumers of tourism products and services. Establishment of the National Tourism Authority 2. (1) There is established by this Act a body to be known as the National Tourism

Authority. (2) The Authority is a body corporate with perpetual succession and a common seal and may sue and be sued in its corporate name. (3) The Authority may for the performance of its functions acquire and hold movable or immovable property and may enter into a contract or any other transaction. (4) Where there is hindrance to the acquisition of property, the property may be acquired for the Authority under the State Property and Contracts Act, 1960 (C.A.6) or the State Lands Act, 1962 (Act 125) and the cost shall be borne by the Authority. Objects of the Authority 3. The object of the Authority is to promote the sustainable development of the tourism industry internationally and within the country. Functions of the Authority 4. To achieve its object, the functions of the Authority are to

10

(a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) (m) (n) (o) (p) (q)

implement and ensure compliance with the Regulations developed in accordance with this Act; grant licences for the tourism industry, regulate and supervise tourism enterprises; exercise ownership rights over assets that belong to the Ghana Tourist Board, Hotels and the Ghana Tourist Development Company; regulate and monitor the activities of licensees; initiate, conduct, promote and encourage studies for the growth and development of the tourist industry; oversee the administration of the Tourism Development Fund and ensure that the Fund is used for the purposes set out in section 33; ensure collaboration with other public, private and international agencies necessary for the performance of its functions; ensure the management and development of appropriate designs for tourist sites; investigate and take measures to suppress illegal, dishonourable , unsound and improper activities in relation to any activity regulated under this Act; establish standards, guidelines and codes of practice in relation to carrying on or running a tourist enterprise and attractions; ensure pro-poor, sustainable and responsible tourism; develop standards and guidelines for designs for use at tourist attractions and enterprises to reflect Ghanaian culture; take appropriate measures for the safety and security of consumers of the tourism industry; collect, compile and publish information and statistics in respect of activities regulated under this Act; advise the Minister on policy issues generally and matters related to the tourism industry; perform any other function incidental or conducive to the attainment of the objects of the Authority; and identify and acquire suitable land for tourism development.

11

Governing body of the Authority 5. (1) The governing body of the Authority is a Board consisting of (a) (b) the chairperson who must be from the private sector, one representative each who must not be below the rank of Director from (i) (ii) (iii) (iv) (v) (c) the Ministry of Tourism and Diasporan Relations, the Ministry of Finance and Economic Planning, the Ministry of Local Government and Rural Development, the Ministry of Culture and Chieftaincy Affairs, and the Ministry of Land and Forestry,

four persons appointed from the tourism private sector with the requisite professional qualification taking gender balance into consideration, and the Chief Executive of the Authority who is an ex-officio member.

(d)

(2) The members of the Board shall be appointed by the President in accordance with article 70 of the Constitution in consultation with the Minister. (3) The Board shall perform the functions of the Authority. Tenure of office of members of the Board 6. (1) A member of the Board shall hold office for a period of not more than three years and is eligible for re-appointment but a member shall not be appointed for more than two terms. (2) (3) (4) Subsection (1) does not apply to the Chief Executive. A member of the Board may at any time resign from office in writing A member of the Board other than the Chief Executive who is absent from

addressed to the President through the Minister. three consecutive meetings of the Board without sufficient cause ceases to be a member of the Board. (5) The President may by letter addressed to a member revoke the appointment
12

of that member. (6) Where a member of the Board is, for a sufficient reason, unable to act as a

member, the Minister shall determine whether the inability would result in the declaration of a vacancy. (7) Where there is a vacancy (a) (b) (c) under subsection (3) or (4) or section 8 (2), or as a result of a revocation of appointment under subsection (5), or by reason of the death of a member,

the Minister shall notify the President of the vacancy and the President shall appoint a person to fill the vacancy in accordance with article 70 of the Constitution. Meetings of the Board 7. (1) The Board shall meet at least once every three months for the despatch of business at the times and in the places determined by the chairperson. (2) The chairperson shall, at the request in writing of not less than one third of the membership of the Board, convene an extraordinary meeting of the Board at the place and time determined by the chairperson. (3) The quorum at a meeting of the Board is five members of the Board or a greater number determined by the Board in respect of an important matter. (4) The chairperson shall preside at meetings of the Board and in the absence of the chairperson, a member of the Board elected by the members present from among their number shall preside. (5) Matters before the Board shall be decided by a majority of the members present and voting and in the event of an equality of votes, the person presiding shall have a casting vote. (6) The Board may co-opt a person to attend a Board meeting but that person shall not vote on a matter for decision at the meeting. (7) The proceedings of the Board shall not be invalidated by reason of a vacancy among the members or a defect in the appointment or qualification of a member. (8) Subject to this section, the Board may determine the procedure for its
13

meetings. Disclosure of interest 8. (1) A member of the Board who has an interest in a matter for consideration by the Board shall disclose in writing the nature of that interest and is disqualified from participating in the deliberations of the Board in respect of that matter. Board. (2) A member who contravenes subsection (1) ceases to be a member of the

Establishment of committees 9. (1) The Board may establish committees consisting of members of the Board or non-members or both to perform a function. (2) Without limiting subsection (1), there shall be multi-sectoral committee for tourism development at ministerial level. (2) Allowances 10. Members of the Board and members of a committee of the Board shall be paid the allowances approved by the Minister in consultation with the Minister responsible for Finance. Further rules 11. The Board may make further rules in respect of (a) (b) the sittings of the Board and its work, and the manner of and procedures for dealing with matters and business before the Authority, including an application or complaint filed with it under section 49 or in respect of any of its functions or objects. A committee of the Board may be chaired by a member of the Board.

Ministerial directives 12. The Minister may, in writing, give policy directives that are consistent with the provisions of this Act to the Board and the Board shall give effect to the directives.

14

Administration and staff of the Authority Departments of the Authority 13. (1) The Authority shall have departments and units that are necessary for the efficient performance of its functions. (2) Departments of the Authority shall include the following: (a) (b) (c) (d) (e) (f) (g) (h) (i) (3) (4) Business Development and Investment; Marketing and Promotion; Standards and Quality control; Research and Statistics; Finance and Administration; Human Resource; Public Relations; Internal Audit; and Legal.

The Departments shall operate under the Chief Executive. The details of the qualifications of departmental heads and their functions shall be provided by the Chief Executive in consultation with the heads of the Department and approved by the Board.

Chief Executive 14. (1) The President shall in accordance with article 195 of the Constitution appoint a Chief Executive for the Authority. (2). The Chief Executive shall hold office on terms and conditions specified in the letter of appointment. (3) Authority. The Secretary to the Board is the head of the Legal Department of the

Functions of the Chief Executive 15. (1) The Chief Executive is responsible for the day to day administration of the
15

affairs of the Authority and is answerable to the Board for the performance of the functions of that office. Board. (2) The Chief Executive shall perform any other function determined by the

(5) The Chief Executive may delegate a function to an officer of the Authority but shall not be relieved of the ultimate responsibility for the performance of the delegated function. Appointment of other staff 16. (1) The President shall in accordance with the advice of the Board given in consultation with the Public Services Commission, appoint for the Authority the management staff that are necessary for the proper and effective performance of the Authority’s functions. (2) Other staff shall be appointed by the Chief Executive.

(3) Other public officers may be transferred or seconded to the Authority or may otherwise give assistance to it on the request of the Board. (4) The Authority may engage the services of advisers on the recommendations of the Board. Regional offices of the Authority 17. The Board shall establish regional offices of the Authority in each Region. Regional office of the Authority 18. (1) Board. (2) The governing body of the Authority in a region is the Regional Tourism The Regional Tourism Board consists of (a) (b) the chairperson, who is a distinguished private businessman or businesswoman, two representatives of the Regional Co-ordinating Council, one of whom is the Regional Planning Officer,
16

(c) (c)

the Regional Tourism Manager, who shall be an ex-officio member, and three other persons including at least one woman from the private sector nominated by the Tourism Federation.

(3) The Members of the Regional Board shall be appointed by the Regional Minster in consultation with the National Board. (4) The Regional Tourism Authority shall perform the functions determined by the National Board. District Tourism Development Committee 19. (1) There shall be established a Tourism Development Committee under the District Assembly. (2) The District Tourism Development Committee consists of (a) (b) (c) (d) (e) (3) (4) the chairperson who is a distinguished businessman or businesswoman nominated by the District Chief Executive, two representatives of the District Assembly, one representative from the traditional authority, the District Tourism Officer, and two other persons one of whom is a woman from the private sector nominated by the Tourism Federation.

The District Tourism Development Committee shall perform the functions determined by the District Assembly in consultation with the Board. There shall be established a Tourism Development Unit under the District Assembly.

Appointment of other staff for the Regional Board 20. (1) The Regional Tourism Manager and staff of the Regional Tourism Authority shall be appointed by the President in accordance with article 195 of the Constitution.

17

Meetings of regional offices 21 The provisions in section 6 – 11 on the management of the Board and ancillary matters shall apply to the regional and district offices of the Board with the necessary modification. Finances of the Authority

Funds of the Authority 22. (1)

The funds of the Authority include (a) (b) (c ) (d) fees from income-generating activities, donations, loans and grants, funds approved by Tourism Development Fund Board, and any other moneys that are approved by the Minister responsible for Finance.

(2) The expenses of the Authority including remuneration of employees, allowances for members of the Board and the other administrative expenses of the Authority shall be paid by the Authority from the funds provided for the Authority under this section. (3) Where the Authority has credit after it has made provision for (a) (b) (c) (d) the payment of salaries, allowances and other administrative operational and management expenditure, depreciation of assets, repayment of loans, interest, and contingency,

in a financial year, the Authority shall transfer to the Tourism Development Fund a proportion of the credit that the Minister for Finance may in writing direct after consultation with the Minister and the Board.
18

Loans, bank accounts and investments 23. (1) Subject to article 181 of the Constitution and the Loans Act, 1970 (Act 335) the Authority may obtain loans and credit facilities that the Authority requires for the implementation of its functions. (2) The Authority may borrow sums that it may require by way of overdraft or otherwise, to meet its current obligations or perform its functions under this Act. (3) Finance. The provision of subsection (2) shall be with the approval of the Minister for

(4) The Board may open bank accounts that the Board considers necessary with the approval of the Minister for Finance, except that a bank account opened outside the country shall be subject to article 183 (2) (b) of the Constitution. (6) The Authority may make investments that the Board considers necessary except that any returns on investments shall be paid only into the Tourism Development Fund. Annual budget of Authority 24. (1) The Authority shall, not later than three months before the end of each financial year, cause to be prepared and submitted to the Minister for the approval of Parliament, an annual budget in respect of the ensuing financial year comprising estimates of expected recurrent and capital expenditures in that financial year. (2) The estimates shall clearly indicate expenditures from the Fund in a separate section and indicate the purpose of the expenditure. (7) Estimates for the Fund shall be in accordance with section 32.

Accounts and audit 25. (1) The Board shall keep books of account and proper records in relation to them in a form approved by the Auditor-General. (2) The Board shall submit the accounts of the Authority to the Auditor-General for audit within three months after the end of the financial year.
19

(3) The Auditor-General shall not later than three months after the end of the financial year, audit the accounts and forward a copy of the audit report to the Minister. (4) The Internal Audit Agency Act, 2003 (Act 658) shall apply to this Part.

(5) The financial year of the Authority shall be the same as the financial year of the Government. Tax exemption 26. The Authority is exempted from payment of tax.

Annual report and other reports 27. (1) The Board shall within one month after the receipt of the audit report, submit an annual report to the Minister covering the activities and the operations of the Authority for the year to which the report relates. (2) The annual report shall include the report of the Auditor-General.

(3) The Minister shall, within one month after the receipt of the annual report, submit the report to Parliament with a statement that the Minister considers necessary. (4) The Board shall also submit to the Minister any other report which the Minister may require in writing. Tourism Development Fund Establishment of the Tourism Development Fund 28. There is established by this Act a Tourism Development Fund.

Object of the Fund 29. (1) The object of the Fund is to provide funding for tourism and tourism-related projects and programmes in both the public and private sector. (2) For the purpose of achieving the object of the Fund, moneys from the Fund shall be applied for relevant tourism activities as the Board of the Fund may determine including in particular (a) Marketing and promotion of tourism;
20

(b) (c ) (d) (e)

Capacity building, market research and development of tourism infrastructure; Development and promotion of other entrepreneurial activities; Tourism export trade-oriented activities of institutions and bodies both in the public and private sectors of the economy; and The provision of credit and credit guarantee through designated financial institutions to persons in the tourism development sector of the economy.

Financial Resources of the Fund 30. The sources of the Fund shall include (a) (b) seed capital from the Government, one per cent bed tax payable by a patron of an accomodation enterprise, fifty per cent of which will go towards tourism product development, donations, moneys earned by the operation of any project or enterprise financed from the Fund, and other moneys that the Minister for Finance in consultation with the Minister for Tourism may determine with the approval of Parliament.

(c) (d) (e)

Bank Account of the Fund 31. Moneys for the Fund shall be paid into a Bank Account opened for the Tourism Development Fund, established under section 28, with the authority of the Accountant General. Management of the Fund 32. of (1) There is established by this Act a Management Board for the Fund consisting (a) the chairman,
21

(b) (c) (d)

the representative of the Ministry of Tourism nominated by the Minister, a representative of the Authority nominated by the Board, a representative of the Ministry of Finance and Economic Planning, nominated by the Minister for Finance, and three representatives from the Ghana Tourism Federation, nominated by the Board.

(e)

(2) The Members of the Board shall be appointed by the President in accordance with article 70 of the Constitution. (3) For the purposes of managing the Fund, the Board shall (a) (b) (c) (d) (e) (f) (g) (h) (i) arrange for effective and efficient collection of moneys assigned to the Fund; identify other sources of funding; co-ordinate and ensure total and timely accountability of the Fund; prepare and publish procedures for disbursement of the Fund; formulate general financial strategies and policies for the growth of the Fund; evaluate and approve projects in need of funding; determine the certification necessary to ensure that work is completed according to specification; review the annual programmes and projects submitted by the Public and Private Sector Agencies for funding; and perform other functions that maybe incidental to its functions.

Administrative arrangements for the Management Board 33. The provisions in (a) section 6 on the tenure of Office of members of the Board;
22

(b) (c)

section 7 on meetings of the Board, and section 10 on allowances for members of the Board shall apply to the Management Board.

Annual programme of expenditure from the Fund 34. (1) The Fund Committee shall prepare for the approval of the Board, an annual expenditure programme for the Fund in respect of the following financial year. (2) The expenditure programme shall be prepared at least three months before the end of each financial year. (3) The annual expenditure programme shall be in a form and contain particulars determined by the Board and shall include (a) (b) (c) the relevant capital expenditure programme for the following financial year, reasons for the expenditure in respect of each item, and projections of cash flow into the Fund for the following financial year.

(4) The Board shall approve the annual expenditure programme to be financed from the Fund in consultation with the Minister responsible for Tourism. (5) In preparing and approving the annual expenditure programme the following shall be considered: (a) (b) (c) policy direction of the Ministry responsible for tourism; the affordability of the overall programme; and the appropriateness of the amount allocated for each item.

Purpose of disbursement of the Fund 35. Money from the Fund shall only be distributed for tourism development that forms part of the approved annual expenditure programme.
23

Withdrawal procedure 36. Money may be withdrawn from the Fund on presentation of a cheque signed by (a) (b) Staff of the Fund the chairperson of the Board and the Chief Executive of the Authority; or the chairperson of the Board or the Chief Executive of the Authority and a member of the Board representing the private sector.

37. The Board may assign staff of the Authority that it considers necessary for the management of the Fund and the staff shall be accountable to the Board. Execution of contracts 38. (1) The use of the seal of the Authority shall be authenticated by the signature of the Chief Executive or another member of the Board authorised by the Board to authenticate the use of the seal. (2) The Authority may empower any person under its common seal as its attorney to execute deeds on its behalf in any place outside the country and a deed signed by the attorney on behalf of the Authority and under the seal of the attorney is binding on the Authority and has the same effect as if it were made under the seal of the Authority. (3) An instrument or contract which is not required to be under a seal if executed or entered into by a person other than a body corporate, may be executed or entered into on behalf of the authority by the Chief Executive or a member of the Board previously authorised by a resolution of the Board to execute or enter into that particular agreement or contract. Custody, management and improvement of tourism assets 39. (1) On the commencement of this Act, assets belonging to the Ghana Tourist Development Company Limited shall vest in the Authority. (2) The Authority shall keep and manage the assets and may make any improvements it considers expedient to the assets in accordance with its objects. (3) The Authority may sell, convey, lease, or otherwise dispose of the assets on terms and subject to conditions that the Authority considers desirable.
24

Liabilities arising from the operations of the Ghana Tourist Development Company Limited 40. (1) The liabilities incurred by the Ghana Tourist Development Company Limited or any of its predecessors to any person before the commencement of this Act are assumed by the Authority and are subject to the right to transfer those liabilities or any portion of them to a party that has entered into a contract or other transaction with the Authority. (2) The Board may advise the Minister responsible for Finance and the Minister on repayment terms in respect of debts incurred by the Ghana Tourist Development Company Limited. PART TWO – REGULATION OF TOURISM ENTERPRISES Registration and Licensing of tourism enterprises Tourism enterprises to be licensed 41. (1) The Authority shall register and license tourism enterprises and attractions.

(2) A person shall not operate a tourism enterprise listed in the First Schedule unless that person holds a valid licence issued by the Authority in respect of that tourism enterprise. Application for licence and consideration of application 42. (1) An application for a licence for a tourism enterprise shall be made in a form prescribed by the Authority and shall be accompanied with a fee determined by the Authority in the Second Schedule. (2) On receipt of an application, the Authority may make investigations and may require the applicant to submit further information if the Authority considers it necessary for the determination of the application. (3) The Authority shall within three working days of receipt of an application, acknowledge receipt and shall within a reasonable period after the three working days and in any event not exceeding thirty working days after the three working days, inform the applicant in writing of the decision of the Authority. (4) For the purposes of subsection (2), the Authority shall cause an inspection of the premises to which the application relates to be conducted by an inspector authorised by the Authority.
25

(5)

The inspector shall submit a report in a form prescribed by the Authority.

Grant of licence 43. (1) For the purpose of registration and licensing of tourism enterprises, the Authority shall set up an inter-agency committee to consider applications for licences granted by the following agencies: (a) (b) (c) (d) (d) (2) enterprise the District Planning Authority of the area concerned; the Environmental Protection Agency; the Ministry of Health; the National Fire Service; and the Police Criminal Investigation Department.

The Authority shall satisfy itself, before issuing a licence for a tourism (a) that proper provision has been made for the sanitation of the premises for the storage, preparation, cooking and serving of food and drink on the premises where food is to be provided and for the health and comfort of persons using the premises; that the premises conform with any law related to sanitation and public health and safety which apply to the application; that the applicant has an insurance policy which covers fire and public liability; and that the applicant has complied with conditions prescribed by Regulations.

(b)

(c) (d)

(3) The Authority may grant or refuse to grant a licence after considering an application and examining the matters that appear to the Authority to be relevant to the application. (4) Where the Authority refuses to grant an application, the reason shall be communicated to the applicant within fourteen days after the decision.
26

(5) A person whose application for a licence is refused may apply to the Tourism Appeal Panel established under section 49 for a review of the decision. (6) (7) enterprise. There may be conditions determined by the Authority attached to a licence. The Authority may prescribe further conditions for licensing a tourism

Non-transferability of licence 44. (1) A licence issued in respect of a tourism enterprise shall not be transferred to another enterprise. (2) A person who transfers or attempts to transfer a licence commits an offence and is liable on summary conviction to a fine of not more than two hundred and fifty penalty units or imprisonment for a term of not more than two years or to both. (3) Sub-clause (2) does not prevent a person from transferring a licence upon sale of a tourism enterprise. (5) effected. Due diligence shall be carried out by the Authority before a transfer is

Registration of managers of enterprises 45. (1) A person shall not manage a tourism enterprise or exercise overall control over the daily operation of the enterprise whether as the owner or manager unless that person is registered with the Authority. (2) A person shall not be registered by the Authority as owner or manager of a tourism enterprise if the person has been declared bankrupt or has been convicted of fraud or dishonesty. (3) The Authority may prescribe further provisions on matters related to the staff of a tourism enterprise. Renewal of tourism enterprise licence 46. (1) A licence issued in respect of a tourism enterprise is for a period of twelve months and is subject to renewal within twelve months after issuance of the licence. (2) A person who desires to renew the licence shall submit an application for the renewal to the Authority not later than one month before the licence expires.
27

(3) The procedure for the renewal of a licence is the same as that for the grant of the original licence subject to the payment of the renewal fee. (4) An operator of a tourism enterprise who fails to renew the licence or whose application for renewal is rejected by the Authority shall cease to operate the tourism enterprise. Power to suspend, cancel or modify licence 47. (1) The Authority may suspend, cancel or modify a licence for the operation of a tourism enterprise for contravention of this Act, any regulations made under it or any conditions to which the licence is subject. (2) The Authority may suspend, cancel or modify a licence with prior notice to the Minister if it has a good reason for the cancellation or modification. (3) The Authority shall not suspend, cancel or modify a licence unless the Authority has given the holder of the licence (a) (b) (4) at least thirty working days written notice, in the case of suspension, or at least ninety days written notice, in the case of cancellation or modification.

The notice shall state (a) (b) that the Authority proposes to suspend, cancel or modify the licence, and the reason for the suspension, cancellation or modification of the licence.

(5) The Authority shall consider a representation or objection made to it before the cancellation or modification is made. (6) The notice shall be given (a) by the Authority by publication in the Gazette to bring the suspension, cancellation or modification to the attention of a person likely to be affected by the notice, and
28

(b) (7)

by sending a copy of the notice to the tourism enterprise.

A person dissatisfied with a decision of the Authority (a) (b) in respect of renewal of a licence, or under this section

may apply for review to the Panel in accordance with section 48. Complaints on services provided by Operator 48. (1) A person who is dissatisfied with the manner in which a tourism enterprise is conducted, may make a written complaint to the Authority except that a complaint shall not be accepted by the Authority unless it is made within thirty days after the matter complained of first came to the notice of the complainant. (2) Upon receipt of a complaint, the Authority shall (a) (b) (3) reject the complaint summarily if satisfied that the complaint is frivolous, vexatious or merely trivial or otherwise investigate and determine the complaint.

The Authority (a) shall inform the operator concerned of the nature of the complaint within thirty days and afford the operator an opportunity to be heard in person, and may act on general statements or information related to the manner in which the business of the operator is conducted

(b) in any investigation.

(4) A complaint under this section shall be heard by a three member committee appointed by the Board. (5) The Board shall appoint one of the members of the committee as a chairperson. (6) A complaint committee shall regulate its own procedure and shall on
29

completion of an investigation, submit recommendations to the Board for consideration. Tourism Appeal Tribunal Appeals against acts of the Authority 49. (1) A person who is aggrieved by (a) (b) (c) (d) the refusal of the Authority to grant or modify a licence; any condition attached to a licence; the modification, suspension or cancellation of a licence; or any decision of the Authority

may, within fourteen days after the notification has been received, of the act complained of appeal in writing to the Tribunal. (2) Where the Authority has suspended, modified or cancelled a licence, the suspension, modification or cancellation shall not take effect until the end of the time within which an appeal may be made to the Tribunal or, if an appeal has been made, until the appeal has been heard and determined. Composition of the Tourism Appeal Tribunal 50. (1) There is established by this Act a Tourism Appeal Tribunal which shall consider and determine appeals provided for under section 49. (2) The Tribunal consists of (a) (b) four members appointed by the Minister, and a representative of the Attorney-General not below the level of a Principal State Attorney who shall be the chairperson.

(3) The term of office of a member of the Tribunal is three years but the member is eligible for re-appointment. (4) The quorum at any meeting of the Tribunal is three, including the Chairperson

(5) The Tribunal may co-opt an expert for the purpose of its work but the coopted person may only advise the Tribunal and shall not have voting rights.
30

(6) The Tribunal shall hear, review and deliberate on a complaint in accordance with this Act and rules of procedure set out in Regulations made under this Act. (7) A member of the Board or an officer of the Authority shall not be a member of the Tribunal. (8) (9) (10) The Tribunal shall regulate its own procedure. A person dissatisfied with a decision of the Tribunal may institute an action in a court with competent jurisdiction. The Minister shall prescribe the fees to be paid to the Tribunal. Duties, liabilities and privileges of tourism enterprise licence holders Register to be kept by tourism enterprise licensees in the case of hotels 51. (1) A holder of a tourism enterprise licence shall keep a register on the premises of a hotel and shall enter in the register the name and address of each guest who stays in the hotel and other particulars that the Authority may prescribe. (2) Each guest shall be provided with a registration card which shall be completed by the guest and submitted by the licensee periodically to the national institution that the Authority may determine in writing. (3) A person who (a) (b) fails to comply with this section, or makes or permits to be made in any register or book kept under this section, an entry which the person knows or has reason to believe is false

commits an offence and is liable on summary conviction to a fine of not more than one hundred penalty units or to imprisonment for a term of not more than six months or to both. Liability to guests 52. A holder of a tourism enterprise licence is not liable to make good to a guest any loss

31

of, or damage to property brought to the licensee’s premises by the guest unless at the time the loss or damage occurred, the guest had sleeping accommodation at the premises, the notice referred to in section 52 was in place and (a) the property was stolen, lost or damaged through the default, neglect or wilful act of the licensee or a person in the employment of the licensee; or the property was deposited by or on behalf of the guest expressly for safe custody with the licensee or a person in the licensee’s employment authorised or who appeared to be authorised for the purpose.

(b)

Notice on premises of tourism enterprises in respect of property of guest 53. A holder of a tourism enterprise licence shall display a notice on the premises of the tourism enterprise relating to property brought to the premises by a guest in the form that may be prescribed. Right of sale 54. (1) The holder of a tourism enterprise licence has the right to sell, by public auction, property deposited or left with the licensee or on the premises of the licensee where the owner of the property is indebted to the licensee for non-payment of accommodation, food or services used or consumed by the owner of the property except that, (a) (b) the sale shall not be made until the expiration of six months after the date the debt accrued and remains unpaid; and at least one month before the sale, the licensee advertises a notice of the intended sale in a national newspaper giving particulars of the debtor and the property intended to be sold.

(2) The licensee shall retain an amount sufficient to cover the debt and expenses incurred in respect of the sale after the sale including the advertisement and shall pay to the owner of the property on demand any surplus money or where the person cannot be found, deposit the surplus money with the Authority. (3) Where surplus money is deposited with the Authority, the Authority shall keep
32

the money for the owner to claim and if it is not claimed after two years, retain the money. Appointment of inspectors Inspectors

55. (1) The Authority shall appoint inspectors for the effective implementation of its functions under this Act. (2) An inspector shall be issued with a certificate of the inspector’s appointment by the Authority. (3) An inspector shall produce the certificate whenever required in the discharge of the inspector’s duties by the manager or other person responsible for a tourism enterprise under this Act. Powers of inspectors 56. (1) An inspector may (a) (b) enter, inspect and examine by day or by night, a tourism enterprise; take along a police officer in the discharge of the duties under paragraph (a) if the inspector has reasonable cause to expect obstruction in the execution of the inspector’s duty; require the production of any register, licence or document kept in pursuance of this Act and to inspect, examine and copy any of the documents; make or cause to be made any examination and enquiry necessary to ascertain whether the provisions of this Act and enactments in force related to public health are being complied with by a tourism enterprise and any employees of the enterprise; and require a person who the inspector finds in a tourism enterprise to give information as to who is the operator of the enterprise if it is in that person’s power to give the information.

(c)

(d)

(e)

(2) The operator, agent or staff of the operator of a tourism enterprise, shall provide the means required by an inspector as necessary for an entry, inspection, examination, enquiry, the taking of samples, or otherwise for the exercise of the powers of the inspector under this Act in relation to that enterprise.
33

Obstruction of inspector 57. (1) A person who obstructs an inspector in the performance of a function under this Act commits an offence and is liable on summary conviction to a fine of not more than two hundred penalty units or to a term of imprisonment of not more than twelve months or to both. (2) and who A person who is in charge of a tourism enterprise for the time being (a) (b) (c) delays an inspector in the performance of the inspector’s functions; fails to produce any register, licence or document which the person is required to produce under this Act; or withholds information as to who is the operator of the enterprise,

is considered to have obstructed an inspector in the performance of the inspector’s functions under this Act. Public Private Partnership Form Public Private Partnership Forum 58. (1) There shall be a Public Private Partnership Forum to encourage public private partnerships around tourism development opportunities. (2) (3) (4) The Forum shall be organised by the Authority. The Forum shall be used by the Authority to interact with the private sector on matters concerned with the Act. The Forum shall establish committees to deal with specific issues.

(5) The Forum shall meet once each quarter at a place and time determined by the Chief Executive. Sex Tourism Miscellaneous Provisions

59. (1) Subject to the Criminal Offences Act, 1960 (Act 29) the practice of sex tourism whether as a supplier of tourism products and services or as a consumer or tourist is a criminal offence.
34

(2)

A person who engages in sex tourism (a) (b) (c) by living off a commercial sex worker’s earnings; by corrupting a person for immoral purposes; or through a tourism enterprise which facilitates sex tourism especially with the involvement of a child

commits an offence and in addition to any penalty for a sexual offence under the Criminal Offences Act, 1960 (Act 29) is liable on summary conviction to a fine of not more than four hundred and fifty penalty units or to a term of imprisonment of not more than three years or to both. Collaboration with public agencies 60. (1) An officer of a public agency shall co-operate with the staff of the Authority in the discharge of their duties under the Act. (2) A public officer who refuses or fails without reasonable cause to co-operate with an authorised officer of the Authority commits an offence and is liable on summary conviction to a fine of not more than fifty penalty units or to a term of imprisonment of not more than three months or to both. Control of advertisement and promotions 61. (1) made An advertisement or promotion in respect of a tourist enterprise shall not be (a) (b) without first being vetted by the Authority, which has the effect or is likely to have the effect of (i) misleading consumers or withholding from them adequate information as to their rights and obligations under a consumer transaction, otherwise misleading or confusing consumers as regards any matter related to a consumer transaction, or corrupting public morals.
35

(ii) (iii)

(2) A person who contravenes this section commits an offence and is liable on summary conviction to a fine of two hundred and fifty penalty units or a term of imprisonment of two years or to both. (3) The Authority in collaboration with other public agencies, may in addition, direct a person responsible for the dissemination of the advertisement to withdraw or modify it. Designation of tourist site 62. (1) The Minister, on the advice of the Authority, may by Regulations designate a location which is predominantly visited by tourists or has tourist potential as a tourist site.

(2) Where a location has been designated as a tourist site, the Minister may consult with the appropriate body for the control, conduct or prohibition of activities at the location. (3) Where the location to be designated as a tourist site is (a) (b) under the administrative control of another Ministry, department, agency or other body, or private property

the Minister shall, in consultation with the relevant District Assembly and property owners designate the site as a tourist site. Export of trophy 63. A tourist shall not export a trophy from the country except in accordance with the Wild Animals Preservation Act, 1961 (Act 43). Antiquities 64. A tourist shall deal with an antiquity in accordance with the National Museum Act, 1969 (NLCD 387) Regulations 65. (1) The Minister may on the recommendations of the Board by legislative instruments amend the Schedules to this Act and make Regulations
36

(a) (b) (c) (d) (e)

prescribing fees to be paid under this Act; prescribing conditions for registration and licensing of tourism enterprises; prescribing the minimum room sizes for hotel rooms; for the classification of hotels; prescribing the duties and obligations of licensees in relation to the carrying on or management of hotel and catering enterprises, whether generally or in respect of any class of enterprise; prescribing the categories of tourist enterprises; prescribing standards required to be maintained by tourism enterprises and sites; for matters including health conditions of managers and other staff of tourism enterprises and sites; for matters related to food and beverages served in a tourism enterprise; providing for the display of notices; prescribing the procedures for entry and inspection of premises; prescribing the procedure and conditions for the licensing and operation of charter flights, travel agencies and tour operators; for the safety, security and welfare of tourists; for tour guides; encouraging pro-poor business behaviour within the tourism sector; prescribing the forms to be used for the purposes of this Act; for the prohibition of any activity or types of activity which are not in the public interest;
37

(e) (f) (g) (h) (i) (j) (k) (l) (m) (n) (o) (p)

(q) (r)

for any matter to be prescribed under this Act; and generally for carrying out the provisions of this Act.

(2) Despite the Statutory Instruments Act, 1959 (Act 52) Regulations may provide for the imposition of a fine of not more than five hundred penalty units or imprisonment for a term of not more than two years or both for any offence provided in the Regulations. Dissolution of existing Board and vesting of assets in Authority 66. (1) The Ghana Tourist Board in existence at the commencement of this Act is hereby dissolved.

(2) The assets, rights, property, obligations, liabilities and staff of the Board established under the Ghana Tourist Board Act 1973 (NRCD 224) as amended by SMCD 80 and in existence immediately before the coming into force of this Act are transferred to the Authority. Interpretation 67. In this Act unless the context otherwise requires “advertisement” means any material, written, published, broadcast or otherwise containing an invitation to enter into a consumer transaction; “antiquity” has the meaning given to it in the National Museum Act, 1969 (NLCD 387); “Authority” means the National Tourism Authority; “Board” means the governing body of the Authority provided for in Section 5; “charter flight” includes any flight, whether taking place wholly within the country or partly within the country and partly outside the country on which the entire space is hired by one person at a reduced rate on behalf of a group of persons; “child” means a person below eighteen years; “consumer of tourism products and services” means someone who does not fit the definition of a tourist but uses tourism services and facilities;
38

“District Assembly” means the Metropolitan, Municipal or District Assembly; “domestic tourist” is a person who travels to a place within the country of residence, outside his or her normal environment for not more than one year for an unremunerated tourism activity; “Fund” means the Tourism Development Fund; “Ghana Tourist Development Company” means the Ghana Tourist Development Company registered under the Companies Act, 1963 (Act 179); “institution” means a body corporate that is approved and designated by the Board to transact business for the purpose of this Act; “international tourist” is a person who leaves his or her residence to travel to another country or travel away from his or her usual environment for at least one night but less than one year for an activity which is not remunerated; “Management Board” means the governing body of the fund provided for in section 32; “Minister” means the Minister responsible for Tourism; “organisation” includes a civil society group, community-based group, nongovernmental group and a traditional authority; “policy support” means planning in the tourism industry to address the needs of local procedures and domestic consumers of tourism; “prescribe” means prescribe by Regulations; “premises” includes any house, building, structure, tent, caravan, land, ship, boat and aircraft.; “private sector” means the part of the economy which is not funded by the Government or from moneys provided by Parliament; “public agency” means a body set up by the Government in the public interest with or without an Act of Parliament; “pro-poor tourism” is an approach to tourism aimed to generate net economic, social, environmental and cultural benefits for the poor by unlocking opportunities for the poor with tourism;
39

“sex tourism” is the engagement of a person in a sexual offence with a tourist; “spa” is a place where people go for beauty treatments and exercise in order to keep fit and types include day spas, resource spas, destination spas and cruise spas; “sustainable tourism” means tourism based on environmental management that meets the needs of present generations without compromising the environmental balance and the ability of future generations to meet their needs as well; “tour guide” means a person who accompanies a tourist and furnishes the tourist with information or comments as regards any matter of historical, archaeological, botanical, ethnological, cultural, social or other; “tourism” means the free-will, voluntary and temporary movement of people from their place of residence to another place in order to rest or recover, see historical or cultural monuments or the movement for another purpose; “tourism activity” means commercial activity that contributes to the provision of accommodation, catering and meets the needs of people who are travelling for pleasure or on business carried out for purposes of a touristic nature; “tourism development” is the provision of service to enhance an area by tourism activity; “tourism enterprise” means an establishment or activity specified in the First Schedule; “tourism industry” includes expenditure incurred by a tourist for pre-trip expenditure on travel and boarding, travel and enroute expenditure and spending at the place of destination and tourist or group charter flight services; “tourism operator” includes the wider business community, emerging entrepreneurs, small-scale enterprises, sole traders, and the informal sector engaged in the tourism industry; “tourism products” are provided to tourists in particular in transport, accommodation, food, leisure, wildlife and sightseeing activities; “tourism safety” means the health and well-being of a tourist; “tourism service” is the system of supplying benefit for tourism activity;

40

“tourism site” means an area capable of generating flows of national, regional and international tourism due to the relevant characteristics of the area based on the natural, cultural and historical value of the area where the economic activity is based mainly on the development of tourism activity; and “Tribunal” means the Tourism Appeal Tribunal established under Section 50; “trophy” includes an animal dead or alive and a bird mentioned in the Schedule to the Wild Animals Preservation Act, 1961 (Act 43) but excludes a trophy which has lost its original identity by a manufacturing process carried out in good faith. Repeal, saving and transitional provisions 68. (1) The following enactments are repealed (a) (b) Hotel Proprietors Act, 1957 (NRCD 20); and The Ghana Tourist Control Authority Act, 1973 (NRCD 224).

(2) Despite the repeal of the enactments specified in subsection (1), any regulations, bye-laws, notices, orders, directions, appointments or other acts lawfully made or done under the repealed enactments and in force immediately before the commencement of this Act shall continue to have effect as if made under this Act with the necessary modification until amended, revoked, cancelled, withdrawn or terminated under this Act. (3) The Civil Aviation (Air Transport Licensing) Regulations, 1976 (L.I.1075) shall apply with the necessary modification to flights on behalf of tourists or closed groups. (4) On the commencement of this Act, a person who holds a licence issued under the repealed enactment and who desires to operate under this Act shall within six months after the commencement of this Act apply to the Authority for a licence under this Act.

41

FIRST SCHEDULE Tourism Enterprise (Section 41)

A.

Establishment 1.

Tourist accommodation: (a) (b) (c) (d) (e) (f) (g) Hotel, Guest House, Motel, Home Lodge, Home Stay and Inn, Serviced Flats, Holiday Apartments, Tourist Camp, Caravan Hostels

provided:

2.

Places where food, beverages and entertainment services are (a) (b) Restaurant (including spirits, wine and beer beverages) with entertainment Restaurant (excluding spirits, wine and beer) with entertainment
42

(c) (d) (e) (f) (g) (h) (i) (j) (k) (l) 3. 4. Nightclub

Restaurant (including spirits, wine and beer) without entertainment Restaurant (excluding spirits, wine and beer) without entertainment Entertainment Centre Fast Food Establishment Traditional Catering Outdoor catering service Café Refreshment Kiosk Drinking bar / spot Tea room / spot

Travel Trade Enterprises including (a). (b). (c) (d) Tour Operator Travel Agency, Car Rental, Tour Guide.

6. 7. 8. 9.

Conference and Banqueting facilities including multi-purpose function rooms Spa Tourist Site Resort
43

10. B.

Any other tourism-related enterprise. Activity (a) Eco-tourism activities (b) Tour operation services (c) Hawking in tourist sites (d) Boat riding (e) Operating a boat house (f) Marina (g) Vehicle rental service, such as buses, mine buses, cars, motorcycles, Bicycles (h) Tour guiding including those employed by a tour operator (i) Travel agency services (j) Water sport (k) Sport fishing (l) Aero sports in paragliding (m) Other tourism-related activity

44

SECOND SCHEDULE (Section 42) Application Fees for Tourism Enterprise 1. 2. 3. 4. 5. 6. 7. For an application form for a licence For registration For re-inspection after the 1st inspection For the issue of a duplicate license (regulation 5) … … … … … … For an application for the variation of the terms of a license … … … … … … GH¢

For an application form for the renewal of a licence

Fees for the issue and renewal of a licence A. Establishment 1. Tourist accommodation (a) Hotel … … Up to 25 bedrooms 26 to 50 bedrooms 51 to 75 bedrooms 76 to 100 bedrooms GH¢ … … … … … … … …
45

101 to 200 bedrooms … Above 200 bedrooms (b) Guest House … … 4 to 9 bedrooms 10 to 25 bedrooms 26 to 50 bedrooms 51 to 75 bedrooms Above 75 bedrooms (c) (d) (e) (f). (g) 2. Motel … Home Lodge, Home stay and Inn Serviced Flats, Holiday apartments, Tourist Homes Tourist Camps, Caravan Hostels

… … … … … … … … … … … … …

Places where food, beverages and entertainment services are provided - GH¢ (a) (b) (c) (d) (e) (f) (g) (h) Restaurant (including spirits, wine and beer) with entertainment Restaurant (excluding spirits, wine and beer) with entertainment Restaurant (including spirits, wine and beer) without entertainment Restaurant (excluding spirits, wine and beer beverages) without entertainment Entertainment centres Fast food Establishments Traditional Catering Café
46

(i) 3. 4. 5. Night Club Casinos

Drinking bar/spot

Travel Trade Enterprises including: (a) (b) (c) (d) Tour Operator Travel Agency Car Rental Tour Guide

6. 7. 8. 9. 10.

Conference and banqueting facilities including multi-purpose function rooms. Spa Tourist Site Resort Any other tourism-related enterprise

B. C.

Activity Nature of tourist enterprise Hawking on beaches facing hotels … Hawking in tourist sites Carting … … … … … … … … … … … …
47

GH¢

Operating aquarium displaying fish or marine animals for public viewing … … … … Operating beauty parlour, including hairdressing, within hotel premises … … … … … Operating eco-tourism activities Operating golf course (9 holes) Operating golf course (18 holes) … … … … … … …. … GH¢

Operating a boat house … … … … Operating pleasure craft for commercial purpose, other than by a pleasure craft licensee … … Operation of non-motorised water sports (pedalos, canoes, kayaks and laser) … … … … Operating a rental agency for bicycles … …

Operating a rental agency for buses, including minibuses … … … … … … Operating a rental agency for cars … Operating a rental agency for kite surf … … …. … …. … … … … … …

Operating a rental agency for motorcycles … Operating a rental agency for paraglide Operating a rental agency for quads Operating a rental agency for windsurfs Operating as a travel agent … … … … … … … …

Operating spa within hotel premises Scuba diving … … …

48

Working as a tourist guide, including tourist guides employed by a tour operator … … …

49

You're Reading a Free Preview

Download
scribd
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->