ACTS OF GHANA

GHANA TOURIST BOARD DECREE, 1973 (NRCD 224)

As amended by

GHANA TOURIST CONTROL BOARD (AMENDMENT) DECREE, 1977

(SMCD 80).2

ARRANGEMENT OF SECTIONS

Section

1. Establishment of the Board.

2. Functions of the Board.

3. Composition and Tenure of Office of the Members of the Board.

4. Meetings of the Board.

5. Committees.

6. Staff.

7. Funds.

8. Accounts and Audit.

9. Transfer of Assets and Liabilities.

10. Tax Exemption.

11. Powers of Commissioner.

12. Regulations.

13. Repeal and Saving.

14. Interpretation.

IN pursuance of the National Redemption Council (Establishment) Proclamation, 1972, this Decree is hereby made:

Section 1—Establishment of the Board.

(1) There is hereby established a body corporate to be known as the Ghana Tourist Board (hereafter in this Decree referred to as the "Board"). [As amended by the Ghana Tourist Control Board (Amendment) Decree, 1977, (SMCD 80) s. 1].

(2) The Board shall have perpetual succession and a common seal and may sue and be sued in its corporate name.

(3) The Board shall have power for the discharge of any of its functions, or for any of its purposes, under this Decree, to acquire and hold any movable and immovable property and to dispose of such property, and to enter into any contract or other transaction.

(4) Where there is any hindrance to the acquisition of any property under subsection (3) of this section, the property may be acquired for the Board under the State Property and Contracts Act, 1960 (CA 6) or as the case may be, under the State Lands Act, 1962 (Act 125) and each such Act shall, as the case may be apply with respect to any such acquisition, with such modifications as may be necessary to provide for the vesting of the property acquired thereunder, in the Board and for the cost of such acquisition to be defrayed by the Board.

Section 2—Functions of the Board.

The Board shall be responsible for the discharge of the following functions:—

(a) the formulation of policy and co-ordination of activities on tourism;

(b) the regulation and control of the tourist industry;

(c) the marketing of tourism, both in Ghana and outside Ghana, including the publication of brochures;

(d)  research and studies on trends in the tourist industry;

(e) registration, classification, licensing and control of standards in hotel accommodation and catering enterprises;

(f) participation in the construction of tourism infrastructure and superstructure particularly in pilot schemes, either by itself or in joint venture with Ghanaian or foreign investors or both through the setting up of subsidiaries for specific projects as it considers necessary; and

(g)  any other matters affecting tourism generally. [As substituted by the Ghana Tourist Control Board (Amendment) Decree, 1977 (SMCD 80), s. 2].

Section 3—Composition and Tenure of Office of the Members of the Board.

(1) The Board shall consist of a Chairman and the following members who shall be appointed by the National Redemption Council acting on the advice of the Commissioner, namely:

(a) a representative of the Ministry of Trade and Tourism;

(b) a representative of the Ministry of Information;

(c) a representative of the Ministry of Finance and Economic Planning;

(d) the person appointed Executive Director under section 6 of this Decree;

(e) a representative of the Bank of Ghana;

(f) a representative of the Ghana Airways Corporation;

(g) the Managing Director of the Ghana Tourist Development Company;

(h) a representative of the Armed Forces;

(i)  the Managing Director, State Hotels Corporation; and

(j) two distinguished Ghanaians in the field of tourism. [As substituted by the Ghana Tourist Control Board (Amendment) Decree, 1977 (SMCD 80) s. 3].

(2) The members of the Board shall hold office for two years so however, that any such member may, at any time, by writing addressed to the Commissioner resign his office, or be removed therefrom by the National Redemption Council acting on the advice of the Commissioner.

(3) A member of the Board ceasing to hold office shall be eligible for re-appointment.

(4) The Chairman and other members of the Board shall hold office on such terms and conditions relating to the payment of remuneration and allowances as may be determined by the National Redemption Council.

Section 4—Meetings of the Board.

(1) The Board shall meet at least once a month.

(2) At every meeting of the Board at which he is present, the Chairman of the Board shall preside and, in his absence, a member of the Board appointed by the members of the Board present from among themselves shall preside.

(3) Questions proposed at a meeting of the Board shall be determined by a simple majority of members present and voting and, in the event of an equality of votes, the person presiding shall have a second or a casting vote.

(4) The quorum at any meeting of the Board shall be five.

(5) The validity of any proceedings of the Board shall not be affected by any vacancy among its members or by any defect in their appointments.

Section 5—Committees.

The Board may appoint such committee consisting solely of its members or partly of its members and partly of other persons selected by the Board to discharge such functions as it may think fit.

Section 6—Staff.

(1) The Board shall have an Executive Director, who shall be the Chief Executive and who shall be appointed by the National Redemption Council upon such terms and conditions as may be specified in his letter of appointment.

(2) The Executive Director shall be responsible for the day-to-day management and administration of the activities of the Board and shall act subject to such general directions as may be given by the Board.

(3) The Board shall employ such officers and employees on such terms and conditions as the Commissioners in consultation with the Commissioner responsible for Finance may approve for the discharge of its functions.

Section 7—Funds.

The funds of the Board shall include—

(a) annual budgetary allocations made by the Government, and

(b) all other moneys accruing to the Board in the discharge of its functions, including endowments, grants or donations.

Section 8—Accounts and Audit.

(1) The Board shall, in such form as the Auditor-General may approve, keep proper books of accounts and proper records in relation thereto.

(2) The financial year of the Board shall be the period of twelve months ending on the 30th day of June, in each year.

(3) The Executive Director shall prepare budget estimates for any new financial year and present such estimates to the Board for its approval not later than two months before the end of the financial year.

(4) Accounts prepared under this section, shall be submitted annually to the Auditor-General by the Board and the Auditor-General shall cause the accounts to be audited.

(5) The Board shall, not later than three months after the end of the previous financial year, forward to the Commissioner a report of its activities during the preceding financial year together with the audited statement of accounts in respect of that year.

(6) The Commissioner shall transmit copies of the said report and audited statement as soon as practicable upon receipt thereof  to the National Redemption Council.

Section 9—Transfer of Assets and Liabilities.

(1) Notwithstanding anything to the contrary, the Commissioner may, by executive instrument transfer to any other person, or otherwise deal with, as he deems fit, any of the assets, rights, liabilities and obligations, which immediately before the commencement of this Decree, vested in or subsisted against the Ghana Tourist Corporation, set up by the Ghana Tourist Corporation Act, 1970 (Act 349).

(2) Unless and until the Commissioner exercises the powers conferred on him by subsection (1) of this section, the  said assets rights, liabilities and obligations shall vest in or subsist against the Board.

Section 10—Tax Exemption.

The Board shall for its own purposes be exempt from the payment of purchase tax, import duty and any other prescribed tax.

Section 11—Powers of Commissioner.

(1) The Commissioner may give directions of a general or specific nature to the Board as to the policy or activities of the Board and Board shall be bound to comply with such directions.

(2) The Commissioner shall have power, by direction in writing generally or addressed to any particular person—

(a) to prohibit any tour or charter flight;

(b) to impose conditions on the operation of any tour or charter flight, including conditions as to the  organisation, control or financial administration of that tour or charter flight;

(c) to vary the conditions upon which any tour or charter flight may take place;

(d) to require any organiser of a tour or charter flight to make good any loss of public funds arising in respect of any tour or charter flight which takes place or is scheduled to take place;

(e) to require any organiser of a tour or charter flight to make good to any tourist any loss to that tourist caused by the unreasonable neglect or default of that organiser,

and any person to whom such direction is addressed shall be bound to comply with that direction.

(3) The Commissioner may by legislative instrument make regulations in respect of any of the matters referred to in subsection (2) of this section.

(4) Any person who disregards or fails to comply with a written direction from the Commissioner given under subsection (2) of this section shall be guilty of an offence and liable on summary conviction to a fine not exceeding one thousand cedis, or in default or payment to imprisonment not exceeding two years.

Section 12—Regulations.

The Board may recommend to the Commissioner to make regulations by legislative instrument for the purpose of carrying out the principles and provisions of this Decree.

Section 13—Repeal and Saving.

(1) The Ghana Tourist Corporation Act, 1970 (Act 349) is hereby repealed and accordingly the Board set up thereunder is hereby dissolved.

(2) Notwithstanding the repeal of the said Act, any regulations made thereunder shall continue to have effect as if made under the corresponding provisions of this Decree, until amended or revoked.

Section 14—Interpretation.

(1) In this Decree—

"charter flight" includes any flight (whether taking place wholly within or partly within Ghana and partly outside Ghana) on which the entire space is hired by one person at a reduced rate on behalf of a group of persons;

"Commissioner" means the Commissioner responsible for Tourism;

"tour" includes any conveyance of person by land, sea or air for the purpose of tourism.

(2) Any doubt as to whether anything is a charter flight or a tour for the purposes of this Decree shall be determined by the Commissioner in such manner as he thinks fit.

Made this 25th day of October, 1973

COLONEL I.K. ACHEAMPONG

Chairman of the National Redemption Council

Date of Gazette Notification: 2nd November, 1973.

amended by

GHANA TOURIST CONTROL BOARD (AMENDMENT) DECREE, 1977

(SMCD 80).2