Tourism Act, 2011
Act 817
ARRANGEMENT OF SECTIONS
Establishment, functions and governing body
1.
Establishment of the Ghana Tourism Authority
2.
Object of
the Authority
3.
Functions of
the Authority
4.
Governing
body of the Authority
5.
Tenure of
office of members of the Board
6.
Meetings of
the Board
7.
Disclosure
of interest
8.
Establishment of committees
9.
Allowances
10.
Ministerial
directives
Administration and staff of the Authority
11.
Departments
of the Authority
12.
Chief
Executive
13.
Functions of
the Chief Executive
14.
Appointment
of other staff
15.
Regional
offices of the Authority
16.
District
offices of the Authority
Finances of the Authority
17.
Funds of the
Authority
18.
Annual
budget of the Authority
19.
Accounts and
audit
20.
Annual
report and other reports
Tourism Development Fund
21.
Establishment of the Tourism Development Fund
22.
Object of
the Fund
23.
Sources of
the Fund
24.
Management
of the Fund
Registration and licensing of tourism enterprises
25.
Tourism
enterprises to be licensed
26.
Application
for licence and consideration of application
27.
Grant of
licence
28.
Non-transferability of licence
29.
Registration
of managers of enterprises
30.
Renewal of
tourism enterprise licence
31.
Power to
suspend, cancel or modify licence
32.
Complaints
on services provided by operator
Tourism Appeal Panel
33.
Establishment and membership of Tourism Appeal Panel
34.
Appeals
against acts of the Authority
Duties, liabilities and privileges of tourism
enterprise licence holders
35.
Register to
be kept by tourist accommodation licensees
36.
Liability to
guests
37.
Notice on
premises of tourism enterprises in respect of
property of
guest
38.
Right of
sale
Inspectors
39.
Appointment
of inspectors
40.
Powers of
inspectors
41.
Obstruction
of inspectors
Public Private Partnership Forum
42. Public Private Partnership Forum
Miscellaneous provisions
43.
Settlement
by alternative dispute resolution
44.
Advertisements and promotions
45.
Designation
of tourist sites
46.
Export of
trophy
47.
Antiquities
48.
Regulations
49.
Dissolution
of existing Board and vesting of assets in Authority
50.
Interpretation
51.
Repeal,
saving and transitional provisions
SCHEDULE
THE EIGHT HUNDRED AND SEVENTEENTH
ACT
OF THE PARLIAMENT OF THE REPUBLIC OF GHANA
ENTITLED
TOURISM ACT, 2011
AN ACT to establish the Ghana Tourism Authority to
regulate the tourism industry and to provide for
related matters.
DATE OF ASSENT:
16th May, 2011.
PASSED by Parliament and assented to by the
President:
Establishment, functions and governing body
Establishment of the Ghana Tourism Authority
1. (1) There is established by this Act a body
corporate with perpetual succession to be known as
the Ghana Tourism Authority.
(2) 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.
Object of the Authority
2. The object of the Authority is to promote the
sustainable development of the tourism industry
internationally and within the country.
Functions of the Authority
3. To achieve its object, the Authority shall
(a)
implement and ensure compliance with the
Regulations developed in accordance with this
Act;
(b)
grant licences for the tourism industry,
regulate and supervise tourism enterprises;
(c)
regulate and monitor the activities of
licensees;
(d)
initiate, conduct, promote and encourage studies
for the growth and development of the tourism
industry;
(e)
oversee the administration of the Tourism
Development Fund and ensure that the Fund is
used for the required purposes;
(f)
ensure collaboration with other public, private
and international agencies;
(g)
ensure the management and development of
appropriate designs for tourist sites;
(h)
investigate and take measures to eliminate
illegal, dishonourable , unsound and improper
activities in relation to any activity regulated
under this Act;
(i)
establish standards, guidelines and codes of
practice in relation to carrying on or running a
tourist enterprise and attractions;
(j) ensure pro-poor, sustainable and responsible
tourism;
(k)
develop standards and guidelines for designs for
use at tourist attractions and enterprises to
reflect Ghanaian culture;
(I)
take appropriate measures for the safety and
security of consumers of the tourism industry;
(m)collect, compile and publish information and
statistics in respect of activities regulated
under this Act;
(n)
advise the Minister on policy issues generally
on matters related to the tourism industry;
(0)
identify and acquire suitable land for tourism
development; and
(p)
perform any other function incidental or conducive
to the attainment of the object of the Authority.
Governing body of the Authority
4.
(1) The governing body of the Authority is a Board
consisting of
(a)
a chairperson who is from the private sector,
(b)
one representative each, who is not below the rank
of Director, from
(i) the Ministry of Tourism,
(ii) the Ministry of Finance and Economic Planning,
(iii) the Ministry of Local Government and Rural
Development,
(iv) the Ministry of Culture and Chieftaincy
Affairs,
(v) the Ministry of Lands and Natural Resources,
and
(vi) the Ministry of Environment, Science and
Technology.
(c)
three persons appointed from the tourism private
sector with the requisite professional qualification
taking gender balance into consideration,
and
(d)
the Chief Executive of the Authority.
(2) The members of the Board shall be appointed by
the President accordance with article 70 of the
Constitution.
(3) The Board shall perform the functions of the
Authority.
Tenure of office of members of the Board
5.
(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) Subsection (1) does not apply to the Chief
Executive.
(3) A member of the Board may at any time resign
from office in writing addressed to the President
through the Minister.
(4) A member of the Board other than the Chief
Executive who is absent from 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 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)
under subsection (3) or (4) or section 7,
(b)
as a result of a revocation of appointment under
subsection (5), or
(c)
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
6.
(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 six
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.
Disclosure of interest
7. (1) A member of the Board who has an interest
in a matter for consideration by the Board
(a)
shall disclose the nature of that interest and
the disclosure shall form part of the record of
the consideration of the matter; and
(b)
shall not participate in the deliberations of
the Board in respect of that matter.
(2) A member ceases to be a member of the Board, if
that member has an interest in a matter before the
Board and
(a)
fails to disclose
that interest,
or
(b)
participates in the deliberations of the Board in
respect of the matter.
Establishment of committees
8. (1) The Board may establish committees consisting
of members of the Board or non-members or both to
perform a function.
(2) A committee of the Board may be chaired by a
member of the Board.
Allowances
9. 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.
Ministerial directives
10. 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.
Administration and staff of the Authority
Departments of the Authority
11. The Authority shall have departments and units
that are necessary for the efficient performance of
its functions.
Chief Executive
12. (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) The Chief Executive shall delegate an officer of
the Authority to serve as Secretary to the Board.
Functions of the Chief Executive
13. (1) The Chief Executive is responsible for the
day
to day administration of the affairs of the
Authority and is answerable to the Board for the
performance of the functions of that office.
(2) The Chief Executive shall perform any other
function determined by the Board.
(3) 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
14.
(1) The President shall in accordance with article
195 of the Constitution, appoint other staff of the
Authority that are necessary for the proper and
effective performance of the Authority's functions.
(2) Other public officers may be transferred or
seconded to the Authority or may otherwise give
assistance to it.
(3) The Authority may engage the services of
advisers on the recommendations of the Board.
Regional offices of the Authority
15.
(1) The Board shall establish regional offices of
the Authority in each Region.
(2) The regional offices shall perform the functions
determined by the Board.
District offices of the Authority
16.
(1) The Board shall establish district offices of
the Authority in each district.
(2) The district offices shall perform functions
determined by the Board.
Finances of the Authority
Funds of the Authority
17.
The funds of the Authority include
(a)
moneys approved by Parliament,
(b)
fees from income-generating activities,
(c)
donations, loans and grants,
(d
) funds approved by the Board, and
(e)
any other moneys that are allocated by the Minister
responsible for Finance.
Annual budget of the Authority
18.
The Authority shall, not later than three months
before the end of each financial year, cause to be
prepared and submitted to the Minister, an annual
budget in respect of the ensuing financial year.
Accounts and audit
19.
(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.
(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.
Annual report and other reports
20.
(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
21.
There is established by this Act a Tourism
Development Fund.
Object of the Fund
22.
(1) The object of the Fund is to provide funding for
tourism and tourism-related projects and programmes.
(2) To achieve the object of the Fund, moneys from
the Fund shall be applied for relevant tourism
activities as the Board may determine including in
particular
(a)
marketing and promotion of tourism;
(b)
capacity building,
market research and development of tourism
infrastructure;
(c)
development and promotion of other entrepreneurial
activities;
(d)
tourism export trade-oriented activities of
institutions; and
(e)
tourism education and training.
Sources of the Fund
23. The sources of the Fund include
(a)
seed
capital from the Government,
(b)
one per
cent levy payable by a patron of a tourism
enterprise specified in the Schedule,
(c)
donations and grants,
(d)
moneys
earned by the operation of any project, enterprise
financed from the Fund or investments, and
(e) other
moneys that the Minister for Finance in consultation
with the Minister may determine with the approval of
Parliament.
Management of the Fund
24. (1) The Fund shall be administered by the
Board and a representative of the Controller and
Accountant-General.
(2) The moneys for the Fund shall be paid into a
bank account opened by the Board with the approval
of the Controller and Accountant- General.
(3) In furtherance of subsection (1), the Board
shall
(a)
arrange
for the effective and efficient collection of moneys
assigned to the Fund;
(b)
identify other sources of funding;
(c)
co-ordinate and ensure total and timely
accountability of the Fund;
(d)
prepare
and publish procedures for disbursement of the Fund;
(e)
formulate general financial strategies and policies
for the growth of the Fund;
(f)
evaluate and approve projects in need of funding;
(g)
determine the certification necessary to ensure that
work is completed according to specification;
(h)
review
the annual programmes and projects submitted by the
public and private sector agencies for funding; and
(i)
perform
other functions that may be incidental to its
functions.
(4) Sections 19 and 20 on accounts and audit and
annual report and other reports apply to the Fund.
Registration and licensing of tourism enterprises
Tourism enterprises to be licensed
25.
(1) The Authority shall register and license tourism
enterprises and sites.
(2) A person shall not operate a tourism enterprise
listed in the Schedule unless that person holds a
valid licence issued by the Authority in respect of
that tourism enterprise.
(3) A person who contravenes subsection (2), commits
an offence and is liable on summary conviction to a
fine of not more than one hundred penalty units or
imprisonment for a term of not more than six months
or to both.
Application for licence and consideration of
application
26.
(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 Minister responsible for Finance.
(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
after 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.
(5) The inspector shall submit a report in a form
prescribed by the Authority.
Grant of licence
27.
(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:
(a)
District Planning Authority of the area concerned;
(b)
Environmental Protection Agency;
(c)
District Health Directorate;
(d)
National Fire Service; and
(e)
Police Criminal Investigation Department.
(2) The Authority shall satisfy itself, before
issuing a licence for a tourism enterprise that
(a)
proper provision has been made for sanitation in 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;
(b)
the premises conform to any laws related to
sanitation and public health and safety which apply
to the application;
(c)
the applicant has an insurance policy which covers
fire and public liability; and
(d)
the applicant has complied with conditions
prescribed by Regulations.
(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.
(5) A person whose application for a licence is
refused may apply to the Tourism Appeal Panel
established under section 33 for a review of the
decision.
(6) There may be conditions determined by the
Authority attached to a licence.
(7) The Authority may prescribe further conditions
for licensing a tourism enterprise.
Non-transferability of licence
28.
(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) Subsection (2) does not prevent a person from
transferring a licence upon sale of a tourism
enterprise.
(4) Due diligence shall be carried out by the
Authority before a transfer is effected.
Registration of managers of enterprises
29.
(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 a serious offence.
(3) Despite subsection (2), a person convicted of a
serious offence may be registered by the Authority
as owner or manager of a tourism enterprise if
(a)
ten years or more have passed since the date of
conviction of the serious offence, or
(b)
the person has been pardoned by the President.
(4) The Authority may prescribe further provisions
on matters related to the staff of a tourism
enterprise.
Renewal of tourism enterprise licence
30.
(I) A licence issued in res pect of a tourism
enterprise is for a period of twelve months and is
subject to renewal at the end of the period.
(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.
(3) The procedure for the renewal of a licence is
the same as that for the grant of the original
licence and is 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
31.
(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 if it has reasonable
grounds 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)
at least thirty working days'
written notice,
in the case of suspension, or
(b)
at least ninety days'
written notice,
in the case of cancellation or modification.
(4) The notice shall state
(a)
that the Authority proposes to suspend, cancel or
modify the licence, and
(b)
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
(b)
by sending a copy of the notice to the tourism
enterprise.
(7) A person dissatisfied with a decision of the
Authority in respect of renewal of a licence, may
apply to the Panel for a review in accordance with
section 34.
Complaints on services provided by operator
32.
(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)
reject the complaint summarily if satisfied that the
complaint is frivolous, vexatious or merely trivial,
or
(b)
otherwise investigate and determine the complaint.
(3) 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, and
(b)
may act on general statements or information related
to the
manner in which the business of the operator is
conducted in any investigation.
(4) A complaint under this section shall be determined
by a three member committee appointed by the Board.
(5) The Board shall appoint one of the members of
the committee as the chairperson.
(6) A complaint committee shall regulate its own
procedure and shall on completion of an
investigation,
submit recommendations to the Board for
consideration.
Tourism Appeal Panel
Establishment and membership of Tourism Appeal Panel
33.
(1) There is established by this Act a Tourism
Appeal Panel which shall consider and determine
appeals provided for under section 34.
(2) The Panel consists of
(a)
four members appointed by the Minister in
consultation with major stakeholders,
and
(b)
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 Panel is
three years but the member is eligible for
re-appointment.
(4) The quorum at any meeting of the Panel is three,
including the chairperson.
(5) The Panel may co-opt an expert for the purpose
of its work but the co-opted person may only advise
the Panel and shall not have voting rights.
(6) The Panel shall hear, review and deliberate on
an appeal 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 Panel.
(8) The Panel shall regulate the procedure for its
meetings.
(9) A person dissatisfied with a decision of the
Panel may institute an action in a court.
(10) The Minister shall prescribe the allowances to
be paid to members of the Panel in consultation with
the Minister for Finance.
Appeals against acts of the Authority
34. (l) A person who is aggrieved by
(a)
the refusal of the Authority to grant or modify a
licence;
(b)
any condition attached to a licence;
(c)
the modification, suspension or cancellation of a
licence; or
(d)
any other decision of the Authority
may, within fourteen days after the notification has
been received of the act complained of, appeal in
writing to the Panel.
(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
Panel or, if an appeal has been made, until the
appeal has been determined, except where the closure
has been in the public interest.
Duties, liabilities and privileges of tourism
enterprise licence holders
Register to be kept by tourist accomodation
licensees
35. (1) A holder of a tourist accommodation
licence shall keep a register on the premises and
shall enter in the register the name and address of
each guest who stays in the accommodation and other
particulars that the Authority may prescribe.
(2) The register shall be retained by the holder of
the tourist accommodation licence for at least five
years.
(3) Each guest shall be provided with a registration
card which shall be completed by the guest and
submitted by the licensee to the Authority as
demanded in writing.
(4) A person who
(a)
fails to comply with this section, or
(b)
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
36. A holder of a tourism enterprise licence
is not liable to make good to a guest any loss 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 37 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
(b)
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.
Notice on premises of tourism enterprises in respect
of property of guest
37. 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
38. (1) The holder of a tourism enterprise
licence has the right to confiscate and may sell
property deposited or left with the licensee or on
the premises of the licensee where the guest is
indebted to the licensee for non-payment of
accommodation, food or services used or consumed by
the guest except that the sale shall not be made
until the expiration of three months after the date
the debt accrued and remains unpaid.
(2) The licensee shall retain an amount sufficient
to cover the debt and expenses incurred in respect
of the sale and shall pay to the guest on demand any
surplus money.
(3) Lost and found items on the premises of the
licensee may be sold by the licensee after three
months' notice is given to the guest in accordance
with the particulars given by the guest in the
register.
Inspectors
Appointment of inspectors
39. (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 appointment by the Authority.
(3) An inspector shall, in the discharge of the
inspector's duties, produce the certificate whenever
required by the manager or other person responsible
for a tourism enterprise under this Act.
Powers of inspectors
40. (1) An inspector may
(a)
monitor on-going projects of physical structures of
tourism enterprises before the grant of a licence
for the tourism enterprise;
(b)
enter, inspect and examine a tourism enterprise
during working hours, by day or by night;
(c)
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;
(d)
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;
(e)
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;
(f)
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; and
(g)
inspect premises with inspectors from other agencies
which may include Food and Drugs Administration,
Ghana National Fire Service and Environmental
Protection Agency.
(2) The operator,
agent or staff of the operator of a tourism
enterprise, shall facilitate the requirements of an
inspector 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.
Obstruction of inspectors
41. (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 one hundred
and fifty penalty units or to a term of imprisonment
of not more than twelve months or to
both.
(2) A person who is in charge of a tourism
enterprise for the time being and who
(a)
wilfully delays an inspector in the performance of
the inspector's functions,
(b)
fails to produce any register, licence or document
which the person is required to produce under this
Act, or
(c)
withholds any information concerning the enterprise,
is considered to have obstructed an inspector in the
performance of the inspector's functions under this
Act.
Public Private Partnership Forum
Public Private Partnership Forum
42. (1) There shall be a Public Private
Partnership Forum to encourage public private
partnerships to promote tourism development
opportunities.
(2) The Forum shall be organised by the Ministry in
collaboration with the Authority and the Private
Sector.
(3) The Forum shall be used by the Ministry to
interact with the private sector on matters
concerned with the tourism industry.
(4) The Forum shall establish committees to deal
with specific Issues.
(5) The Forum shall meet at least once each quarter
at a place and time to be determined by the
Minister.
Miscellaneous provisions
Settlement by alternative dispute resolution
43. In accordance with the Alternative
Dispute Resolution Act, 2010 (Act 798), tourism
enterprises may agree to use alternative dispute
resolution methods for the resolution of conflict
between them.
Advertisements and promotions
44. (1) An advertisement or promotion in
respect of tourism information by any person shall
be certified by the Authority.
(2) An advertisement or promotion in respect of
tourism information shall not be made which has the
effect or is likely to have the effect of
(a)
misleading consumers or withholding from them
adequate information as to their rights and
obligations under a consumer transaction,
(b)
otherwise misleading or confusing consumers
asregards any
matter related to a consumer transaction, or
(c)
corrupting public morals.
(3) 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.
(4) 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 sites
45. (1) The Minister, on the advice of the
Authority, may by Regulations designate a location
which is predominantly visited by tourists or has
potential as a tourist site and set standards for
the 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)
under the administrative control of another
Ministry, department, agency or other body, or
(b)
private property
the Minister shall, in consultation with the
relevant institution and property owner designate
the site as a tourist site.
Export of trophy
46. A tourist shall not export a trophy from
the country except in accordance with the Wild
Animals Preservation Act, 1961 (Act 43).
Antiquities
47. A tourist shall only deal with an
antiquity in accordance with the National Museum
Act, 1969 (N.L.CD. 387).
Regulations
48. (1) The Minister may on the recommendations of
the Board by legislative instrument make Regulations
(a)
to amend the Schedule to this Act;
(b)
to design and manage tourism development;
(c)
prescribing conditions for registration and
licensing of tourism enterprises;
(d)
prescribing the minimum room sizes for hotel rooms;
(e)
for the classification of hotels;
(f)
prescribing the duties and obligations oflicensees
in relation to the carrying on or management of
hotel and catering enterprises, whether generally or
in respect of any class of enterprise;
(g)
prescribing the categories of tourist enterprises;
(h)
prescribing standards required to be maintained by
tourism enterprises and sites;
(i)
prescribing standards for ancillary services
supplied by tourism enterprises;
(;) for matters including health conditions of
managers and other staff of tourism enterprises and
sites;
(k)
for matters related to food and beverages served in
a tourism enterprise;
(I)
providing for the display of notices;
(m)prescribing the procedures for entry and
inspection of premises;
(n)
prescribing the procedure and conditions for the
licensing and operation of charter flights in
consultation with the Ghana Civil Aviation Authority
and tourism enterprises;
(0)
for the safety, security and welfare of tourists;
(p)
for tour guides;
(q)
encouraging pro-poor business behaviour within the
tourism sector;
(r)
prescribing the forms to be used for the purposes of
this Act;
(s)
for the prohibition of any activity or types of
activity which are not in the public interest;
(t)
for any matter to be prescribed under this Act; and
(u)
generally for carrying out the provisions of this
Act.
(2) A person who commits an offence under the
Regulations is liable on summary conviction to a
fine of not more than five thousand penalty units.
(3) The Minister responsible for Finance shall
prescribe fees to be paid under this Act.
Dissolution of existing Board and vesting of
assets in Authority
49. (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
(N.R.C.D.224) as amended by S.M.C.D. 80 and in
existence immediately before the coming into
force of this Act shall be transferred to the
Authority.
Interpretation
50. 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;
"ancillary services" include casinos,
hairdressing salons and gymnasia;
"antiquity" has the meaning given to it in the
National Museum Act, 1969 (N.L.C.D. 387);
"Authority" means the Ghana Tourism Authority
established under section 1 (1);
"Board" means the governing body of the
Authority provided for in Section 4;
"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;
"consumer of tourism products and services"
means someone who does not fit the definition of
a tourist but uses tourism services and
facilities;
"court" means a District Court, Circuit Court or
the High Court;
"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
established under section 21;
"guest" means the person registered to stay in
tourist accommodation;
"inspector" means a person with the requisite
qualification appointed by the Authority under
section 39;
"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;
"Minister" means the Minister responsible for
Tourism;
"organisation" includes a civil society group,
community-based group,non-governmental group and a
traditional authority;
"Panel" means the Tourism Appeal Panel established
under section 33;
"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;
"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;
"serious offence" means an offence for which the
maximum penalty is death or imprisonment for a
period not less than twelve months;
"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;
"tourist accommodation" includes a hotel, guest
house, motel,
home lodge and other establishments specified under
paragraph 1 of the Schedule;
"tourism activity" means commercial activity that
contributes to the provision of accommodation,
catering and other related tourism ventures 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 Schedule;
"tourism industry" includes expenditure incurred by
a tourist for pre-trip expenditure on travel and
boarding, travel and en route 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, 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;
"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
"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;
"tourist accommodation" includes a hotel, guest
house, motel,
home lodge and other establishments specified
under paragraph 1 of the Schedule;
"tourism activity" means commercial activity
that contributes to the provision of
accommodation, catering and other related
tourism ventures 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 Schedule;
"tourism industry" includes expenditure incurred
by a tourist for pre-trip expenditure on travel
and boarding, travel and en route 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, 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;
"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
"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
51.
(1) The following enactments are hereby repealed
(a)
Hotel Proprietors Act, 1957 (No. 20); and
(b)
Ghana Tourist Control Authority Act, 1973 (N.R.C.D.
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
SCHEDULE
Tourism Enterprise
(Section 25)
A.
Establishment
1. Tourist accommodation includes:
(a)
a hotel,
(b)
a guest house,
(c)
a motel,
(d)
a motel and highway rest stop;
(e)
a home lodge, home stay and inn,
(f)
a serviced flat, holiday apartment,
(g)
a tourist camp, caravan
(h)
a hostel;
(i)
a resort;
(j)
a lodge;
(k)
a highway rest stop;
(I)
an eco-lodge;
(m)a
commercial accomodation on silt; and
(n)
a commercial village tourism facility.
2. Places where food, beverages and entertainment
services are provided including:
(a)
a restaurant;
(b)
an entertainment centre;
(c)
a tea room or spot; and
(d)
a rest stop.
3. Nightclubs and theatres
(a)
a nightclub;
(b)
a pub;
(c)
a movie house; and
(d)
a theatre.
4. Travel Trade Enterprises including
(a)
a tour operator,
(b)
a travel agency;
(c)
a car rental;
(d)
a tour guide,
(e)
a charter flight operator; and
(f) a site guide.
5. Banqueting facilities
(a)
a theme park;
(b)
a commercial swimming pool facility;
(c)
a beach recreational facility;
(d)
an event house;
and
(e)
a health farm.
6.
Conference facilities including multi-purpose
function rooms such as,
(a)
a golf course;
(b)
a commercial tennis facility;
(c)
a gymnasium; and
(d)
other commercial health-related tourism facilities.
7.
A spa,
8.
A tourist
site,
9.
A resort,
and
10.
Any other
tourism-related enterprise.
B. Activity
1.
An
eco-tourism activity,
2.
A tour
operation service,
3.
Boat riding,
4.
Operating a
boat house,
5.
Operating a
marina,
6.
A vehicle
rental service, such as a bus, mini bus, car,
motorcycle or a bicycle,
7.
Tour guiding
including tour guides employed by a tour operator;
8.
Travel
agency services,
9.
Water sport,
10.
Sport
fishing,
11.
Aero sports
in paragliding,
and
12.
Any other
tourism-related activity.
Date of
Gazette
notification: 20th May, 2011.
GOVERNMENT PRINTER, ASSEMBLY PRESS, ACCRA.
GPC/A2I3/30010412011
Website:
www.ghanapubIishingcompany.com
E-mail:
info@ghanapubIishingcompany.com
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