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IN exercise of
the powers conferred on the
Provisional National Defence
Council Secretary responsible for
Tourism by section 11 of the Ghana
Tourist Control Board Decree, 1973
(N.R.C.D. 224), these Regulations
are made this 24th day of
November, 1983.
Regulation
1—Tour Operators to be Licensed.
(1) Except as
otherwise provided in
sub-regulation (2) of this
regulation, no person shall carry
on or hold himself out as carrying
on the business of a tour
operator, unless he has obtained a
licence to do so from the Board.
(2) A person
shall not, by virtue of the
provisions of sub-regulation (1)
of this regulation, be deemed to
be or hold himself out as a tour
operator by reason only that:
(a) he accepts
bookings relating to any scheduled
or systematic transport service
within or outside Ghana for any
person; or
(b) he accepts
bookings for any person in any
hotel, motel, lodging or any other
accommodation for reward in Ghana.
Regulation
2—Application for a Licence.
(1) An
application for a licence shall be
in the form set out in the
Schedule to these Regulations.
(2) An
applicant shall complete the form
and return it to the Executive
Director of the Board.
Regulation
3—Granting of Licence.
(1) Where the
Board is satisfied that an
applicant is a competent person to
operate the business of a tour
operator and that satisfactory
arrangements have been made by him
for the efficient operation of
such business the Board shall
issue appropriate licence to the
applicant upon payment by him of a
fee of ¢1,500.00.
(2) The Board
may attach to any licence issued
under sub-regulation (1) of this
regulation such conditions in
writing as are reasonably
necessary to ensure the efficient
operation of the business
concerned.
Regulation
4—Refusal of Application.
(1) The Board
may refuse an application—
(a) if it is
not satisfied with the information
given by an applicant in respect
of any of the matter stated in
the application, or
(b) if the
applicant has been convicted of an
offence under any enactment
relating to tourism any time
during the period of three years
preceding the date of his
application; or
(c) if the
applicant has been convicted
within Ghana or elsewhere of an
offence involving fraud or
dishonesty at any time during the
period of five years preceding the
date of his application; or
(d) if the
applicant is an undischarged
bankrupt, or being a company is in
liquidation; or
(e) if in the
opinion of the Board, the
applicant does not have the
facilities, vehicles, or other
equipment necessary for the proper
and efficient operation of the
business in respect of which the
application is made; or
(f) for any
other justifiable cause.
(2) Where the
Board refuses an application under
sub-regulation (1) of this
regulation it shall inform the
applicant in writing of the
reasons for the refusal and shall
return the application fee paid by
the applicant.
(3) Any person
aggrieved by the refusal of the
Board to grant a licence may
within twenty-eight days after the
decision of the Board appeal
against such decision to the
Secretary whose decision on the
matter shall be final.
Regulation
5—Validity and Renewal of Licence.
(1) A licence
issued under regulation 3 of these
Regulations shall be valid for a
period of twelve months with
effect from the 1st day of January
and shall expire on the 31st day
of December.
(2) The holder
of a licence granted under
regulation 3 of these Regulations
may, at anytime within one month
before the expiration of the
licence, apply to the Board for a
renewal of this licence for a
period of twelve months upon the
payment of a fee of ¢750.00.
Regulation
6—Revocation or Suspension of
Licence.
(1) Subject to
the provisions of this regulation,
the Board may revoke or suspend
any licence granted under
regulation 3 of these regulations—
(a) if the
holder of the licence contravenes
any of the written conditions
attached to the licence; or
(b) if the
holder of the licence is convicted
in Ghana or elsewhere of an
offence involving fraud or
dishonesty; or
(c) if the
holder of the licence becomes
bankrupt, or being a company, goes
into liquidation; or
(d) if in the
opinion of the Board, the licence
was obtained by fraud or
misrepresentation or
non-disclosures of any material
fact; or
(e) if in the
opinion of the Board the holder of
the licence has ceased to have at
his disposal the means,
facilities, vehicles or other
equipment necessary for the proper
and efficient running of the
business in respect of which the
licence is granted; or
(f) for any
other justifiable cause.
(2) Where the
Board proposes to revoke or
suspend any licence granted under
regulation 3 of these Regulations,
it shall notify in writing the
holder of the licence specifying
the condition of the licence which
the holder is alleged to have
contravened and the occasions on
which and the circumstances in
which it was contravened.
(3) The holder
of the licence may within fourteen
days after the receipt of such
notice, submit to the Board any
written representations he may
wish to make against the
revocation of suspension of his
licence.
(4) The Board
shall not revoke or suspend the
licence of such holder until it
has fully considered his
representations made to the Board
under sub-regulation (3) of this
regulation.
(5) Any person
aggrieved by the revocation or
suspension of his licence may
within twenty-eight days after
such revocation or suspension
appeal against the decision of the
Board to the Secretary whose
decision on the matter shall be
final.
Regulation
7—Authority to Enter and Inspect
Premises
(1) An officer
of the Board or any other person
authorised by the Board in writing
may—
(a) enter and
inspect at any reasonable time,
the business premises of any tour
operator;
(b) examine and
take copies of any books of
account, records or other
documents found in those premises
relating to or appearing to relate
to the business of such tour
operator;
(c) seize any
books of account, records or other
documents found on those premises
which may contain evidence in
respect of offence committed under
these Regulations;
(d) question
any person who appears to be
engaged in the business of a tour
operator on those premises on any
matter concerning the application
of or compliance with any
provision of these Regulations;
(e) require by
notice in writing any person who
appears to be engaged in carrying
on the business of a tour operator
to produce at such time and place
as may be specified in the notice
all or any of the books of
account, records or other
documents relating to such
business; or
(f) request
any police officer to seize or
search any person or vehicle on
the premises that he has
reasonable grounds to believe is
in possession or is carrying away
from such premises any books of
accounts, records or other
documents which may be required as
evidence in respect of any offence
committed under these Regulations.
(2) Any person
who seizes any books of account,
records or other documents under
paragraph (b) or (f) of
sub-regulation (1) of this
regulation shall give a receipt
therefor.
Regulation
8—Board to Investigate Complaints
(1) The Board
may investigate complaints made by
any person against the holder of
any licence granted under
regulation 3 of these Regulations.
(2) Where the
complaint is proved, and it
amounts to contravention of any
provision of these Regulations by
such holder the Board may, subject
to the provisions of these
Regulations, revoke his licence.
Regulation
9—Operations not Affected by these
Regulations.
(1) The
following tourist operations shall
not be affected by these
regulations:
(a) flights for
the purpose of meeting
humanitarian or emergency needs;
(b) taxi-class
passenger flights of occasional
character on request;
(c) flights on
which the entire space is hired by
a single person, firm, corporation
or institution for the carriage of
his or its staff or merchandise
provided that no part of such
space is re-sold.
Regulation
10—Penalty.
Any person who
contravenes any provision of these
Regulations commits an offence and
shall be liable on summary
conviction to a fine not exceeding
¢1,000.00 or imprisonment not
exceeding twelve months with hard
labour or to both.
Regulation
11—Interpretation.
In these
Regulations unless the context
otherwise requires—
" Board" means
the Ghana Tourist Board;
"Secretary"
means the Provisional National
Defence Council Secretary
responsible for Tourism;
"Tour Operator"
includes any person licensed under
these Regulations to carry on the
business of a tour handier,
tourist guide, tourist agent or
operator of car rental service.
Regulation
12—Commencement.
These
Regulations shall come into force
on the day of 1983.
SCHEDULE
APPLICATION FOR
A TOUR OPERATOR
(Please
complete in triplicate and in
block letters)
(i) Name of
applicant
......................................................................................................
(ii) Business
Address
...........................................................................................................
Telephone No.
..........................................................................…..........................
If a Company:
Company
Registration No.
.......................................................................................
Date and Place
of
Incorporation.....................................................................................
...................................................................….........................................................................
Address of
Registered Office
.............................................................................................
.......................................................................................................................................................................................
Principal Place
of Business in Ghana (if different
from above)
................................................................................................................................................
...........................................................................…….............................................................
(iii) If
business name is registered:
(a) Number of
Registration Certificate
.............................…...............................................
(b) Date and
Place of Registration
…………………...........................................................
(iv) Address
for Correspondence and Telephone
Number (if different from (ii)
above)
................................................................................................................................................
..............................................................................................…..............................................
(v) Personal
Contact:
As the Ghana
Tourist Control Board may wish to
ask you further questions or to
discuss matters arising from your
application, please state here the
name(s) and telephone and
extension number(s) of suitable
contact(s) within your
organisation..............................................................................................................................................................................................................................................
................................................................................................................................................
SECTION II
FINANCIAL
RESOURCES, OWNERSHIP AND CONTROL
OF BUSINESS
Note: This
section is to be completed if the
applicant is a body corporate
(e.g. registered as company);
otherwise applicant should
complete section III
(i) if a
subsidiary of another Company, the
name and address of the parent
and/or holding
Company............................................................................................................
................................................................................................................................................
(iii) (a) the
name(s) and address(es) of any
subsidiary Company and where
incorporated
................................................................................................................................................
(b) the name(s)
and address(es) of any associated
Company and where incorporated
.....................................................................................................................................................…….............................................................................
(iii) (a) Name
in full and private address of
every member of the Board of
Directors and details of the
shares, debentures and load
capital beneficially owned by each
and by the spouse of each as
appropriate.............................................................................................
………………............................................……................................................................
Working
Directors should be indicated by
(W)
…………………………………...................................................................
(b) Information
requested in (a) applicable in
respect of the Company Secretary
and managerial staff
.........................................................……...............................................................................
................................................…….........................................................…...........................
(c) The names
and addresses of any shareholders
owning 25 per cent or more of the
shares in the
Company...................................................................................................
(If there is
not enough here, please give
additional information on a
separate sheet and show here that
you have done so.)
(iv) (a) Stated
share capital
..........................................................…….............................
(b) Issued
share capital
(i) For cash
..........................................................…..................................................................................
(ii) Otherwise
than for cash (state nature of
consideration)
............................................................................................
(v) Details of
loans and debentures, if any, and
security therefor
...................................................................................
SECTION III
OWNERSHIP AND
CONTROL OF BUSINESS (NOT
APPLICABLE TO APPLICANTS WHO HAVE
COMPLETED SECTION II)
State whether
the applicant is a partnership, or
a sole owner
......................................................................................
(i) If a sole
owner state name in full and
private address
..............................................................................................
(ii) If a
partnership state name in full and
private address of each
partner....................................................................
................................................................................................................................................
(If there is
not enough space here, please give
additional information on a
separate sheet and show here that
you have done so.)
SECTION IV
SECURITY
REQUIREMENTS
All licences
will be made subject to the
condition that the applicant has
secured a bank guarantee of
...............………... (Written
evidence of guarantee must be
forwarded together with the
application form), and the said
sum of money will in the event of
his failure, become available for
the purpose of reimbursing any of
his clients who have paid, in
whole or in part.
SECTION V
PLANNED TOUR
PROGRAMMES
Every person
registered under these Regulations
shall submit to the Executive
Director of the Board within 21
days before the arrival of any
group of tourists the following
particulars—
(i) The
programme of activities intended
to be pursued by the group.
(ii) A
document signed by Managers of
hotels, motels and rest houses in
which the tourists are expected to
be accommodated.
(iii) A
document signed by Managers of
transport owners, airlines and
shipping companies expected to
provide facilities for travel in
and out of Ghana.
(iv) Documents
showing the points of embarkation
and disembarkation.
(v) The
expected number of days to be
spent by the group in Ghana.
(vi) Documents
from airlines and hotels
confirming that the financial
arrangements have been
satisfactorily concluded in
respect of the proposed tour.
SECTION VI
SUBMISSION OF
ANNUAL OPERATIONAL RETURNS
Every person
registered and licensed shall
submit to the Executive Director
of the Board on the 31st day of
December each year, returns in
respect of the following—
(a) the number
of tourists handled;
(b) the
country of origin of the tourists;
(c) the number
of days spent by the tourists;
(d) the total
amount of foreign exchange earned
from operating such tours;
(e) total
ticket sales volume—indicating by
months and sales made with each
scheduled and non-scheduled
airline operating to and from
Ghana as well as data on
Government travel tax collected on
the total air tickets sold;
(f) the latest
audited accounts;
(g) statements
on general operations of the
operator, particularly efforts
being made to promote in-coming
tourism and any other relevant
information on the operations of
the operator concerned;
(h) planned
tour programmes; and
(i) indication
whether an operator has obtained
the International Air Transport
Association (IATA) Sales Agency
Licence (with date of issue and
licence number); and if the
licence has been withdrawn by IATA,
state the reasons for the
withdrawal.
SECTION VII
I, the
undersigned, hereby declare that
to the best of my knowledge and
belief the foregoing particulars
are true and complete.
Signature
................................................................................................................................................
Signatory’s
Name
................................................................................................................
(BLOCK
LETTERS)
On behalf of
................................................................................................................................................
Official
Position
....................................................................................................
Date
.......................................................................................................................................
This form which
shall be provided by the Ghana
Tourist Board must be signed as
follows—
(i) If an
applicant is an individual by that
individual.
(ii) If an
applicant is a partnership by the
precedent partner.
(iii) If a body
corporate by a duly authorised
officer who should state his
official position.
The name of the
person signing the application
should be typed on all copies of
the application. Only the original
need be signed.
This form
should be returned in triplicate
to—
Ghana Tourist
Control Board,
State House,
6th Floor, Bay
2,
P.O. Box 3106,
Accra.
E. ASIEDU YIRENKYI
Provisional National Defence
Council Secretary Responsible for
Tourism
Date of Gazette Notification: 13th
January, 1984.
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