Uganda Tourism Act, 2008, 2008

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Short title: 

Uganda Tourism Act, 2008

Date of promulgation: 

28 April 2008

Date of commencement: 

9 May 2008

Download Original File: 

ACTS

SUPPLEMENT No. 2                                                                                 9th May, 2008.

ACTS SUPPLEMENT

to The Uganda Gazette No. 25 Volume CI dated 9th May, 2008.

Printed by UPPC, Entebbe, by Order of the Government.

Act 2                                 Uganda Tourism Act                              2008

THE UGANDA TOURISM ACT, 2008.

ARRANGEMENT OF SECTIONS.

Section

Part I—Preliminary

1.

Commencement.

2.

Interpretation.

 

Part II—Uganda Tourist Board

3.

Continuation of the Uganda Tourist Board.

4.

Composition of the Board.

5.

Tenure of office of members of the Board.

6.

Objects of the Board.

7.

Functions of the Board.

8.

Committees of the Board.

9.

Procedure at Board meetings.

10.

Allowances to Board members.

 

Staff of the Board

11.

Chief executive officer and deputy chief executive officer.

12. Other staff.

 

Part III—Licensing

13.

Tourist accommodation and other designated tourist facilities.

14.

Travel agents, tour operators and tour guides.

15.

Application for a licence.

16.

Cancellation of licence.

17.

Appeals.

 
 

 

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Section

Part IV—Supervision, Monitoring And Coordination Of Tourism

  1. Supervision, monitoring and coordination of tourism.

Part V—Finance

  1. Funds of the Board.
  2. Tourism development levy.
  3. Tourism Development Fund.
  4. Management of the Fund.
  5. Estimates.
  6. Accounts.
  7. Audit.

Part VI—General

  1. Liability of tourist accommodation or facility owner or operator for acts of agents, and others.
  2. Limitation of liability.
  3. Tourist accommodation and facility owners and operators lien.
  4. Common seal of the Board.
  5. Annual report.
  6. Minister to submit statement of accounts and annual report to Parliament.
  7. Guidelines by Board.
  8. Exemption from liability for acts done in good faith.
  9. Regulations.
  10. Power of Minister to amend First Schedule.
  11. Repeal and savings.

SCHEDULES.

FIRST SCHEDULE - Currency Point

SECOND SCHEDULE - Procedure of Board at meetings

Text Box: Act 2Text Box: 2008

 
  Text Box: Uganda Tourism Act

THE UGANDA TOURISM ACT, 2008.

An Act to reform, consolidate and streamline the law relating to tourism; to provide for licensing, regulating and controlling of the tourism sector; to give effect to the implementation of the tourism policy of Government; to reconstitute the Uganda Tourist Board to make it private sector driven; to establish a tourism development levy; to provide for the establishment and management of a tourism development fund; to repeal the Hotels Act, the Tourist Agents (Licensing) Act, and the Uganda Tourist Board Act; and to provide for related matters.

Date of Assent: 28th April, 2008.

Date of Commencement: See section 1.

Be it enacted by Parliament as follows:

Part I—Preliminary

  1. Commencement

This Act shall come into force on a date appointed by the Minister by statutory instrument; and different dates may be appointed for the commencement of different provisions.

  1. Interpretation

In this Act, unless the content otherwise requires—

“board” means the Uganda Tourism Board continued in existence under section 3;

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“currency point” has the meaning assigned to it in the First Schedule;

“designated tourist facility” means any service, premises, place or thing which the Minister has declared to be a designated tourist facility;

“domestic tourism” means residents of Uganda traveling only within Uganda;

“financial year” means in respect of an accounting period, a period of twelve months ending on 30th June of each calendar year;

“Fund” means the Tourism Development Fund established by section 21;

“levy” means a levy prescribed in accordance with section 20 and includes any surcharge;

“licence” means a licence issued in accordance with this Act;

“licensing” means issuing a licence to operate a designated tourist facility or for carrying on the business of travel agent, tour operator or tour guide under this Act;

“Minister” means the Minister responsible for tourism;

“Ministry” means the Ministry responsible for tourism;

“prescribed” means prescribed by statutory instrument made under this Act or continued in operation by this Act or under standards and guidelines made under this Act;

“tour guide” means a person registered and licensed to lead tour itineraries of persons;

“tour operator” means a person licensed to sell or offer for sale, tour packages either directly or through a third party;

Act 2                                  Uganda Tourism Act                              2008

“tourism” means the activity of persons travelling to and staying in paces outside their usual environment for not more than one year mainly for leisure, business and other purposes not related to the exercise of an activity remunerated from within the place visited;

“Tourism Development Fund” means the Fund established under section 21;

“tourism policy” means any policy intended to develop the tourism sector and approved by the Minister;

“tourist accommodation” means an apartment, guest-house, hotel, bungalow or lodge and any other type of tourist accommodation facilities designated by the Minister and providing accommodation to tourists for payment;

“tourism sector” includes all businesses, enterprises and activities which provide tourist facilities, including any such businesses, enterprises and activities carried on by the State, a statutory body or a local government;

“travel agent” means a business licensed to conduct the business of a travel agency;

Part II—Uganda Tourist Board

  1. Continuation of the Uganda Tourist Board.
  1. The Uganda Tourist Board existing immediately before the coming into force of this Act under the Uganda Tourist Board Act shall continue in existence subject to this Act.
  2. The Board continued under subsection (1) shall be known as the Uganda Tourism Board.
  3. The Board shall be a body corporate with perpetual succession and a common seal and may—
  1. acquire, hold and dispose of moveable and immoveable property;

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  1. sue and be sued in its corporate name;
  2. do all other things as a body corporate may lawfully do.
  1. Composition of the Board.
  1. The Board shall consist of the following members—
  1. a senior official of the Ministry appointed by the Minister;
  2. a representative of the Ministry responsible for finance;
  3. a representative of the Civil Aviation Authority;
  4. a representative of the Uganda Wildlife Authority;
  5. the chief executive officer, who shall be an ex-officio

member;

  1. a representative of the National Planning Authority;
  2. five other members with professional experience in tourism

and who possess qualities likely to be beneficial to the Board, of whom at least—

  1. one person shall be appointed from a list of three names

submitted by tour operators to be representative of their interests;

  1. one person shall be appointed from a list of three

names submitted by the accommodation owners, hoteliers and providers of catering services to be a representative of their interests;

  1. one person shall be appointed from a list of three

names submitted by an organization recognised as being representative of the tourism sector; and

  1. one person shall be appointed from a list of three

names submitted by an organization representative of the private aviation sector.

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  1. The chief executive officer shall act as secretary to the Board and shall perform such functions in relation to the Board as the Board may direct.
  2. The Minister shall appoint a chairperson from among the members of the Board.
  3. The Minister shall appoint the members of the Board, on such terms and conditions as shall be specified in the instruments of appointment.
  4. In making the appointments to the Board the Minister may take into consideration gender equity.
  5. The members of the Board shall elect one person from among their number who shall be the vice-chairperson of the Board.
  1. Tenure of office of members of the Board.
  1. The members of the Board shall hold office for a period of three years and shall be eligible for reappointment for one more term.
  2. A member appointed to the Board may at anytime before the expiry of his or her term, resign his or her office in writing signed by him or her addressed to the Minister or may be removed from office by the Minister only—
  1. for inability to perform his or her functions;
  2. if he or she is convicted of an offence involving fraud,

dishonesty or moral turpitude;

  1. if he or she is adjudged or otherwise declared to be an

insolvent or bankrupt under any law in force in Uganda or elsewhere and has not been discharged;

  1. for misbehaviour or misconduct; or
  2. if he or she does not attend three or more consecutive

meetings of the Board without showing in writing to the Chairperson, good cause for his or her absence.

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  1. Where a member of the Board dies, resigns, or is removed from office or for any other reason ceases to hold office before the expiration of his or her term of office, the Minister may appoint another person qualified to be appointed, to take his or her place and the person appointed shall hold office until the expiration of the term of office of the member in whose place he or she is appointed.
  2. The Minister shall appoint new members or reappoint existing members to the Board at least three months before the end of the term of office of the current members.
  1. Objects of the Board.

The objects of the Board are—

  1. to promote and contribute to the development of the tourism

sector both within and outside of Uganda;

  1. to coordinate with the Ministry and the private sector in the

implementation of the national tourism policy;

  1. to carry out such activities as are incidental or conducive to

the attainment of the objects specified in paragraphs (a) and (b).

  1. Functions of the Board.
  1. Without prejudice to the general effect of section 6, the Board shall, for the attainment of its objects have the following functions—
  1. to formulate, in cooperation and in consultation with the

private sector and relevant entities, a marketing strategy for tourism in Uganda;

  1. to implement the marketing strategy and to promote Uganda

as an attractive and sustainable tourist destination;

  1. to encourage and promote domestic tourism within Uganda;

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  1. to encourage investment in the tourism sector and wherever

possible, to direct such investment to the less developed tourism areas;

  1. to promote and sponsor educational programmes and training

in the tourism sector including schools, in consultation and cooperation with appropriate entities;

  1. to undertake and commission appropriate research in the field

of tourism;

  1. in consultation with or as directed by the Minister, to

delegate to local governments the responsibilities related to tourism commensurate with their functions set out in the Local Governments Act;

  1. to manage the tourism development levy in accordance with

the best commercial practice and the objects of the Board;

  1. to provide finance and any other assistance to strengthen the

private entities in the tourist sector where necessary and appropriate;

(j) to enforce, and monitor standards in the tourism sector;

(k) to inspect, register, licence and classify tourist facilities and services; and

  1. to undertake any other functions prescribed by or under this

Act, any other law or as directed by the Minister.

  1. In the exercise of its power of inspection of tourist accommodation and facilities and services under subsection (1) (k), the Board may authorize any member of the Board or any person authorized by the Board to enter any tourist accommodation or facility and inspect, at any reasonable time.

Act 2                                  Uganda Tourism Act                              2008

  1. Committees of the Board.
  1. The Board may appoint one or more committees from among themselves for the effective discharge of its objectives and functions.
  2. The Board may assign to a committee appointed under this section such functions and with such limitations and conditions as the Board may prescribe.
  3. A committee appointed under this section shall have a minimum of three and a maximum of five members.
  1. Procedure at Board meetings.

The Second Schedule to this Act shall have effect in relation to the procedure of meetings of the Board.

  1. Allowances to Board members.

A member of the Board may be paid such allowances as may be determined by the Minister, on the recommendation of the Board in respect of attendance of meetings of the Board.

Staff of the Board

  1. Chief executive officer and deputy chief executive officer.
  1. The Board shall have a chief executive officer.
  2. The chief executive officer and deputy chief executive officer shall be appointed by the Minister on the recommendation of the Board and shall hold office for such period and upon such terms and conditions as the Board may, in consultation with the Minister, determine.
  3. The Minister on the recommendation of the Board may remove the chief executive officer or deputy chief executive officer from office for—
  1. gross misconduct;
  2. dishonesty;
  3. incompetence;
  4. inability to discharge the functions of his or her office.

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  1. The Minister shall, within two months after receiving a recommendation under sub-section (3), communicate his or her decision on the recommendation to the Chief Executive Officer and the Board.
  2. If the Minister takes a decision to remove the Chief Executive Officer, the Chief Executive Officer, may, within thirty days after the decision is communicated to him or her, appeal to the High Court.
  3. Where the Minister fails to take a decision within the time prescribed by sub-section (4), the recommendation of the Board shall be taken to have been approved.
  4. The Chief Executive Officer shall be responsible for the day to day administration, organization and management of the Board and the implementation of this Act and shall be under the general direction and control of the Board.
  5. The period which the Chief Executive Officer will serve shall be three years, renewable on satisfactory performance.
  1. Other staff.
  1. The Board may appoint such other employees as may be necessary for the proper and efficient discharge of its objects and functions.
  2. The staff of the Board appointed under this section shall hold office upon such terms and conditions as the Board may with the approval of the Minister determine.
  3. The Board may grant pensions, gratuities or other relevant benefits to the officers and other employees of the Board and may require them to contribute to any pension, provident fund or super annuation scheme.
  1. Text Box: Act 2Text Box: 2008
 
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