THE HOTEL AND TOURISM TRAINING INSTITUTE ACT.
Arrangement of Sections.
PART II—ESTABLISHMENT, OBJECT, FUNCTIONS AND POWERS OF THE
Establishment of the institute.
Object of the institute.
Functions of the institute.
Powers of the institute.
PART III—THE BOARD.
Board of the institute.
Disqualifications for membership.
Application and amendment of the Schedule.
Committees of the board.
PART IV—MANAGEMENT AND STAFF OF THE INSTITUTE.
Management functions of the board.
Other employees of the institute.
Experts and consultants.
Funds of the institute.
Financial year of the institute.
Transfer of land to the institute.
Schedule Meetings and procedure of the board; service
THE HOTEL AND TOURISM TRAINING INSTITUTE ACT.
Commencement: 28 October, 1994.
An Act to provide for the establishment of the Hotel and Tourism
Training Institute, to provide for its functions, to provide for its
management and finances and for other connected matters.
In this Act, unless the context otherwise requires—
“board” means the board of governors of the institute established by section 6;
“chairperson” means the chairperson of the board appointed under section 6;
“director” means the director of the institute appointed under section 11;
“institute” means the Hotel and Tourism Training Institute established by section 2;
“Minister” means the Minister responsible for tourism;
“officers and staff” includes the academic staff, administrative staff and any other category of employees of the institute;
“registrar” means the registrar of the institute appointed under section 12.
PART II—ESTABLISHMENT, OBJECT, FUNCTIONS AND POWERS OF THE
2. Establishment of the institute.
There is established an institute to be known as the Hotel and Tourism Training Institute.
The institute shall be a body corporate with perpetual succession and a common seal and shall be capable of suing or being sued in its corporate name.
The institute may, for and in connection with its functions under this Act, purchase, hold, manage and dispose of any property, whether movable or immovable, and may enter into any contract and other transaction as may be expedient and may do any other act or thing that a body corporate may lawfully do.
The common seal of the institute shall be such device as the board may determine and shall be kept in the custody of the director.
The common seal of the institute shall, when affixed on any document, be authenticated by the signature of the chairperson and the director of the institute.
In the absence of the chairperson, two other members of the board designated in that behalf by the board shall sign; and in the absence of the director of the institute, the person performing the functions of the director may sign.
The signature of the chairperson and director or other members of the board prescribed under subsection (5) shall be independent of the signing by any other person as witness.
Every document purporting to be an instrument issued by the institute and sealed with its common seal, authenticated in the manner prescribed by subsections (5) and (6), shall be received in evidence without further proof as such an instrument duly entered into or executed, unless the contrary is proved.
3. Object of the institute.
The object of the institute is to provide for studies and training in subjects relating to tourism, hotel management and catering.
4. Functions of the institute.
(1) For the attainment of its object under section 3 and with a view to promoting the highest level of professional qualifications and standards, the institute shall have the following functions—
(a) to organise and conduct courses in tourism, hotel management and catering and to make provision for the advancement, transmission and preservation of knowledge;
to conduct examinations and grant certificates, diplomas and other awards of the institute; and
so far as is possible, to consult and cooperate with any body or organisation in or outside Uganda having similar functions to those prescribed by this Act.
(2) The institute shall have such other functions as the Minister may, from time to time, by statutory instrument, prescribe.
5. Powers of the institute.
Subject to this Act, the institute shall have power—
to charge fees in respect of courses provided by the institute at such rates not exceeding the estimated cost of the course as may be prescribed;
to do all things necessary, incidental or conducive to the efficient carrying out of its functions under this Act.
PART III—THE BOARD.
6. Board of the institute.
(1) The governing body of the institute shall be a board of governors
which shall consist of seven members as follows—
six members appointed by the Minister upon such terms and conditions as he or she may determine;
one member of the students association elected by the students association.
The Minister shall designate as chairperson of the board one of the members appointed by him or her under this section.
A member of the board shall hold office for a period of three years.
A member may resign office as a member by notice in writing addressed to the Minister with a copy to the chairperson.
The chairperson may resign office as chairperson by notice in writing addressed to the Minister with a copy to the director.
(6) A member of the board may be removed by the Minister in
for inability to perform the functions of that office on grounds of infirmity of body or mind or any other cause; or
Where any member is by reason of illness or other cause incapacitated from performing the functions of his or her office, the Minister may appoint another person to perform the functions of the member for the duration of the incapacity.
The director shall notify the Minister as soon as possible of any vacancy in the board coming to his or her notice; and the Minister shall, as soon as possible, appoint another person to fill the vacancy.
Any person ceasing to hold office as a member shall be eligible for reappointment to that office.
7. Disqualifications for membership.
A person shall not be appointed a member of the board if he or she—
has been declared insolvent or bankrupt; or
has been convicted of an offence involving fraud or dishonesty.
8. Application and amendment of the Schedule.
The Schedule to this Act shall apply to meetings of the board and other matters set out in the Schedule; and the Minister may, by statutory instrument, amend the Schedule.
9. Committees of the board.
(1) The board may, for the efficient performance of its functions—
appoint committees consisting of such number of its members as the board deems fit;
co-opt any person to any committee appointed under this section.
(2) Subject to any direction given by the board, a committee
appointed under this section may regulate its own procedure.
PART IV —MANAGEMENT AND STAFF OF THE INSTITUTE.
10. Management functions of the board.
Subject to this Act, the board shall be charged with the general direction and supervision of the institute, the implementation of its objects and the management of its property, income and funds and the other affairs and concerns of the institute.
The institute shall have an officer to be designated the director.
The director shall be appointed by the board with the approval of the Minister and shall hold office for five years and on such terms and conditions as may be specified in the instrument of appointment.
Subject to this Act, the director shall be responsible to the board for the management of the funds, property and business of the institute and have responsibility for the organisation, direction and efficient administration of the other officers and staff of the institute.
12. Other employees of the institute.
The board shall appoint a registrar and such other officers and staff to the service of the institute as may be necessary for the proper and efficient performance of the functions of the institute.
The officers and staff of the institute appointed under this section shall hold office on such terms and conditions as the board may determine.
Without prejudice to the general effect of subsection (2), the board may under that subsection provide for the payment to its officers and staff of salaries, allowances, pension or other terminal benefits and may require them to make contribution to any pension, provident fund or superannuation scheme.
13. Experts and consultants.
(1) The board may, on the advice of the director, engage on behalf of the institute, the services of experts and consultants in respect of any of the
functions of the institute in connection with which they are considered to have special competence.
(2) Experts and consultants engaged under this section may be paid such fees and allowances and may be afforded such facilities as the board may determine.
14. Funds of the institute.
(1) The funds of the institute shall consist of—
grants from the Government;
tuition fees imposed under this Act in respect of training courses;
the training levy;
any sums that may become payable to the institute in the discharge of its functions under this Act.
For the purpose of subsection (1), the Minister may, after consultation with the Minister responsible for finance, impose by statutory order a training levy on any service or a particular class of service offered by a hotel or catering establishment.
A statutory order made under subsection (2) shall provide for the manner of collection and accounting for a training levy imposed under that order.
All income and monies of the institute shall be deposited to the credit of the institute in a bank approved by the institute and shall not be withdrawn except in accordance with the manner provided by the institute.
Any funds of the institute not immediately required for any purpose under this Act may be placed in such investments as the board may, with the approval of the Minister responsible for finance, from time to time, determine.
(1) The director shall, not later than three months before the end of each financial year, cause to be prepared and submitted to the board for its approval, estimates of the income and expenditure of the institute for the next
ensuing financial year.
The board shall, within three months before the end of each financial year, cause to be submitted to the Minister for his or her approval, the estimates of income and expenditure submitted by the director under subsection (1) as approved by the board.
No expenditure shall be made out of funds of the institute unless the expenditure has been approved by the Minister under this section.
16. Borrowing powers.
The board may, on behalf of the institute, with the prior approval of the Minister, obtain loans and other facilities for meeting the obligations of the institute and for carrying out the functions of the institute under this Act.
The board may, on behalf of the institute, borrow temporarily by way of overdraft or otherwise, such sums as may be required for meeting the current obligations of the institute or for discharging its functions.
17. Financial year of the institute.
The financial year of the institute shall be in respect of any accounting period the period of twelve months ending on the 30th September.
The board shall cause to be kept proper books of account of all income and expenditure of the institute and proper records in relation to them.
Subject to any directions that may be given by the Minister, the board shall cause to be prepared in respect of each financial year, and not later than three months after the close of the financial year, a statement which shall include a report on the performance of the institute during that financial year, and the statement shall comprise—
a balance sheet, a statement of income and expenditure and a statement of the assets and liabilities of the institute in respect of that financial year; and
any other information in respect of the financial affairs of the
institute as the Minister may in writing require.
The accounts of the institute shall, in respect of each financial year, be audited by the Auditor General or by an auditor appointed by him or her.
The board shall ensure that within four months after the close of each financial year a statement of account, prescribed in section 18, is submitted to the Auditor General for auditing.
The Auditor General and any auditor appointed by him or her shall have access to all books of account, vouchers and other financial records of the institute and shall be entitled to have any information and explanation required as he or she may think fit.
The Auditor General shall, within four months after receipt of the statement of account submitted under subsection (2), audit the accounts and deliver to the board a copy of the audited accounts together with his or her report on them stating any matter which in his or her opinion should be brought to the attention of the Minister.
The Auditor General shall deliver to the Minister a copy of the audited accounts together with his or her report on them.
20. Annual report.
The board shall, within three months after the end of each financial year, submit to the Minister a report of the activities of the institute in respect of that financial year, and that report shall include a record of the performance of the institute during that financial year and its future plans.
The institute shall be exempted from—
the payment of stamp duties under the Stamps Act; and
the payment of import duties, sales tax or any other tax or duty that is or may be specifically imposed under any written law on
any goods imported by the institute in furtherance of its objectives and which are not for resale to the public.
22. Transfer of land to the institute.
The area of the land approximately 2.297 hectares situated in Jinja Municipality, Jinja District, comprised in Plots No. 16, 17, 18, 19, 20 and 21 Jackson Crescent and registered in Leasehold Register Volume 496, Folio 17 and the developments on that land comprised in Plots No. 4, 6 and 8 Hannington Square are, without any further authority than this Act, transferred to the institute.
Notwithstanding any provisions of the Registration of Titles Act, the registrar of titles shall take all necessary steps for giving effect to the transfer of any asset or property affected by this section free from any tax, duty or fee whether by the alteration or cancellation of any relevant certificate of title, the issue of fresh certificates of title or otherwise.
23. Preliminary expenses.
Any act done and any preliminary expenses sanctioned by the Minister in connection with the establishment of the institute shall have the same effect and validity as if the act had been validly done and the expenses validly incurred by the institute; and the institute may continue any such act or thing commenced under any sanction but remaining unfinished at the date of establishment of the institute as if the act or thing had been initiated and carried through by the institute.
The Minister may make regulations for better carrying into effect this Act.
Without prejudice to the general effect of subsection (1), the Minister may make regulations under that subsection—
prescribing diplomas, certificates and other awards which may be granted or conferred by the institute under this Act and the conditions to be fulfilled before they are granted or conferred;
relating to the conduct of examinations in respect of courses under this Act; and
prescribing fees or other payments in respect of admissions to the
institute and examinations conducted by the institute.
25. Standing orders.
The board may, with the prior approval of the Minister, make standing orders for the management and conduct of the institute or for any matter relating to the functions of the institute or for the proper exercise, discharge or performance of the functions of the board.
Without prejudice to the general effect of subsection (1), and subject to the approval of the Minister, standing orders may be made by the board under this section relating to—
the procedure for appointment of the officers and staff of the institute, including discipline, salary and retirement benefits;
the allowances and expenses to be paid to members of the board and to members of committees of the board;
books of account to be kept by the institute;
any other function which is required or permitted to be performed under this Act.
Meetings and procedure of the board; service of notice.
The board shall meet ordinarily for the dispatch of business once in every three months at such times as the chairperson may determine.
The chairperson shall also summon a special meeting of the board upon a request in writing by not less than three members of the board.
The director shall act as secretary to the board.
The chairperson shall preside at any meeting of the board, and in his or her absence a member of the board nominated by the chairperson shall preside; or where no member is nominated by the chairperson, a member elected by the members present shall preside.
The quorum at any meeting of the board shall be five members.
3. Decisions of the board.
A question proposed at any meeting of the board shall be determined by a simple majority of the votes of the members present; and where there is an equality of votes, the person presiding at the meeting shall have a second or casting vote in addition to his or her deliberative vote.
4. Power to co-opt persons.
The board may co-opt any person who is not a member to attend any meeting of the board as a consultant or adviser, but a person so co-opted shall not be entitled to vote at that meeting,
5. Validity of proceedings not affected by vacancy, etc.
The validity of any proceedings of the board shall not be affected by any vacancy among its members or by any defect in the appointment or election of any of them or by reason of the fact that a person not entitled to do so took part in the proceedings.
6. Disclosure of interest.
A member of the board who has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the board shall, as soon as possible after the relevant facts have come to his or her knowledge, disclose the nature of his or her interest to the board.
A disclosure of interest under subparagraph (1) shall be recorded in the minutes of the meeting of the board; and the member making the disclosure shall not, unless the board otherwise determines in respect of that matter—
be present during any deliberation on the matter by the board;
take part in the decision of the board.
(3) For the purpose of the making of a decision by the board under
subparagraph (2) in relation to a member who has made a disclosure under
subparagraph (1), the member who had made the disclosure shall not—
be present during the deliberation of the board for the making of that determination; or
influence any other member or take part in the making by the board of the determination.
(4) A decision made under subparagraph (2) shall be deemed to have been validly made notwithstanding the fact that there was no quorum by virtue of the member making the disclosure not being present.
7. Minutes of meeting.
The board shall cause the minutes of all proceedings of its meetings to be recorded and kept, and the minutes of each meeting shall be confirmed at the next meeting and signed by the chairperson of the meeting.
The chairperson of the board shall submit to the Minister a copy of the minutes of each meeting of the board as soon as the minutes have been confirmed.
8. Service of documents.
Any notice or document required to be served on the institute may be served by leaving it at the office of or by sending it by post to the director.
9. Board to regulate its own procedure.
Subject to this Schedule, the board may regulate its own procedure.
History: Statute 14/1994.
Registration of Titles Act, Cap. 230. Stamps Act, Cap. 342.