Tourism Act, 2008 (No. 29 of 2008)

64. Transitional provisions. SCHEDULES No. 29 Tourism 2008 5 THE UNITED REPUBLIC OF TANZANIA No- 29 OF 2008 I AsSENT, ��----- President -----�--�,-�':?-�-�-------- An Act to provide for institutional framework, administration, regulation, registration and licensing of tourism facilities and activities; and for related matters. ENACTED by Parliament of the United Republic of Tanzania_ PART I PRELIMl�ARY PROVISIO�S

1 — ( I) This Act may be cited as the Tourism Act, 2008_ Short

1.-( I) This Act may be cited as the Tourism Act, 2008_ Short title and (2) This Act shall come into operation on such date as the Minister com mence may, by notice published in the Gazette, appoint_ mcnt

2 — In this Act, unless the context requires otherwise - Interpre

2. In this Act, unless the context requires otherwise - Interpre "activity" means and includes all acts commonly done or performed by a tation person or group of persons at a tourism facility; "authorized officer" means a tourism officer, forest officer, fisheries officer, wildlife officer, park ranger, antiquities officer, police officer or any other person authorized in writing by the Director to exercise any power or to discharge any duty under this Act or any subsidiary legislation made thereunder; "certificate of registration" means a certificate of registration issued pursuant to section 12; "college" means the National College of Tourism or a similar public G.N.No.7 of 2003 college designated as such; 6 No. 29 Tourism 2008 "designated tourism facility or activity" means any premises, place or activity designated as such by the Minister under section 17; "Director'' means the Director of Tourism appointed under section 5; "Division" means the Division responsible for tourism; "guest" means any person who, in return for a payment of a sum of money, whether such payment is made by such person or any other person, occupies or reserves for occupation or accommodation in a tourism facility; "Ministef' means the Minister responsible for tourism; "operator'' means a tourism operator; "tour guide" means a person who leads tourists who visit tourist facilities by giving commentary on the history, features and significance of the respective location; "tourism" means activities conducted by a person travelling to a place outside his usual environment for more than twenty four hours and less than a year and whose main purpose of travel is other than the exercise of an activity remunerated from within the place visited; and where this activity is taking place in Twmmia shall be known as do mestic tourism; "tourism facility" means a place, thing or premises managed by a tourism operator and which regularly or occasionally provides services or products for utilization by tourists or visitors for purposes other than exercise of an activity remunerated from within the place visited; "tourist" means a person who is travelling to a place outside his usual environment for the period between twenty-four-hours and one year and whose main purpose of travel is other than the exercise of an activity remunerated from within the place visited and whereas this activity is under taken by a resident shall be known as domestic tourist; "tourism business" includes negotiating, whether by correspondence or otherwise, soliciting, canvassing or accepting business connected with the tourism with any person; "tourism officer" means an officer who has a duty under the law to execute functions under this Act; "tourism operator" as used in this Act, means a tourist agent or photographic safaris operator or any person who for reward conduct an activity or operate a facility, or undertakes to provide services for tourists and other members of the public in relation to tours and travel within or outside the country; "visitor" means any person whose usual place of residence is outside an area visited, for a period not exceeding one year and for reasons other than employment. ,' No. 29 Tourism 2008 7

3 — All persons exercising powen; or discharging any duties under this Promotion

3. All persons exercising powen; or discharging any duties under this Promotion Act shall strive to promote - of Global Code of (a) the National Tourism Policy; Ethics for (b) the relevant provisions ofthe Global Code ofEdrics for Tourism; and Tourism eco- (c) eco-tourism, cultural tourism and any other forms of tourism that tourism, provides better sectoral linkages, create employment and foster etc sustainable development. PART II INSTITUTIONAL ARRANGEMENT AND ADMfNISTRATION

4 — (1) There is hereby established a Technical Advisory Committee Establish

4.-(1) There is hereby established a Technical Advisory Committee Establish which shall be responsible for advising the Minister on matters related to ment ofa Technical the management and regulation of tourism facilities and activities, desig Advisory nated tourism facilities and activities, tourism operators and any other Committee functions assigned to it under this Act or regulations made thereunder. (2) Notwithstanding subsection(!), the functions of the Technical Advisory Committee shall include to (a) advise the Minister in matten; relating to - (i) issuance of licence; (ii) grading of tourism facilities; (iii) registration of tourism facilities and activities; and (iv) tourism development, (b) advise on any matter as may be requested by the Minister. (3) , The composition, tenure of office, meetings and procedural matten; of the Committee shall be as provided for in the First Schedule to this Act.

5 — (1) There shall be a Director of Tourism who shall be appointed in Director

5.-(1) There shall be a Director of Tourism who shall be appointed in Director accordance with the Public Service Act and who shall be a person with of Tourism proven academic and professional knowledge in tourism matters. Cap.298 (2) The Director shall be - (a) the officer-in-charge of the Division; and 8 No. 29 Tourism 2008 (b) the principal advisor to the Government in all matters related to tourism. (3) The Director shall, subject to direction by the Minister, be responsible for the proper administration of this Act. (4) The Director may, with the approval ofthe Minister and by notice published in the Gazette, delegate to any public officer any of such fi.mc tions and, where the Director has delegated any of his functions, he shall include references to the public officer to whom such fi.mctions have been delegated. ( 5) The Director shall have such powers as are necessary or expedi- ent for the performance of the fi.mctions of his office. Functions 6.-( 1) The general fi.mctions of the Division shall be to - of the Division (a) facilitate the efficient development and marketing of tourism; (b) promote and encourage the establishment and development of appropriate tourism facilities, activities and amenities; (c) register, classify and grade tourism facilities, and to establish and maintain registers of such facilities and activities; (d) implement provisions for the licensing and regulation ofproviders of tourism facilities and services; ( e) promote high quality tourism through the establishment of stan dards, training and human resources development; ( f) encourage and promote the recruitment, training, education and development of persons for the purpose of employment in connection with the tourism industry; (g) facilitate research in tourism, related subjects and to compile and publish information relevant to the tourism industry; (h) design and advise on suitable educational programmes intended to stimulate interest in, and understanding of the tourism industry; (i) investigate on any matter affecting the tourism industry and advise the Minister accordingly; (j) manage tourism information system; (k) regulate the business of tourism operators; (I) identify tourist attractions and diversify tourism activities; No. 29 Tourism 2008 9 (m) without prejudice to any other relevant law, to undertake studies on cultural, social, environmental and socio-economic impacts of tourism activities and monitor such impacts; (n) take legal action against persons violating any ofthe provisions of this Act, regulations or orders made thereunder; (o) appraise investment proposals concerning the tourism industry; (p) promote domestic tourism; and (q) do such other activities on its own initiatives or at the direction of the Minister, as are necessary to carry out effectively the purposes of this Act. (2) The Director shall, in consultation with other public authorities, devise strategies geared towards promotion and maintenance of sound working relationship between the Division and such various public au thorities where tourism activities are undertaken.

7 — ( 1) There shall be appointed such number of tourism officers as Tourism

7.-( 1) There shall be appointed such number of tourism officers as Tourism officers are necessary for proper and effective execution of the functions of the Division as is necessary for management of tourism in accordance with the provisions of this Act. (2) Officers referred to under this section shall be allocated or delegated such functions and be located in such offices or institutions as the Director may, in consultation with the Permanent Secretary, de termine. PART III DESIGNATION, REGISTRATION AND GRADING OF TOURISM fACILITIES AND ACTIVITIES

8 — No person shall conduct or operate a tourism facility or activity Tourism

8. No person shall conduct or operate a tourism facility or activity Tourism unless such tourism facility or activity is so registered. facility and activity to be registered

9 — The Director shall keep and maintain a register ofclasses of tourism Director to

9. The Director shall keep and maintain a register ofclasses of tourism Director to establish filcilities and activities. and keep a register 10 No. 29 Tourism 2008 Applica 10.-(1) Any person who is conducting, operating or intends t o tion for registra conduct or operate a tourism facility or activity which is required to be tion and registered or graded under this Act shall apply to the Director for a grading of certificate ofregistration in the form set out in the Second Schedule to a tourism facility this Act. and activity (2) An application made under subsection (I) shall be accompanied by such documents, and other information or particulars relating to a tour ism facility or activity as may be prescribed. (3) Grading conducted under this Act shall be subject to such costs as the Minister may, by order published in the Gazette, prescribe. Registra 11.-(1) Subject to subsections (3) and (4), on receipt of an application tion and grading of made under section I 0, the Director shall where he is of the opinion that a tourism the prescribed requirements for registration facility and activity (a) have been complied with, register die tourism facility or activity by entering in the register such particulars as may be prescribed; or (b) have not been complied with, refuse to register the facility or activity and give reasons for the refusal. (2) The Director shall be required to determine an application for grading of a tourism facility within forty five days following the date of lodging. (3) The Director shall, before registration or grading of any tourism facility or activity, cause the tourism facility or activity to be inspected and may- (a) call for a report from the Health Officer; or (b) make or cause to be made such further investigations in respect of the tourism facility or activity. cap. 191 (4) The Director shall, in determining the matter under subsection (3 ), ensure that the provisions of the Environmental Management Act, 2004 relating to Environmental Impact Assessment have been complied with. No. 29 Tourism 2008 II (5) A tourism facility or activity that was registered before the coming into operation of this Act shall not be subject ofnew registration unless such registration was or is cancelled.

12 — (1) Upon registration or grading ofa tourism facility or activity, Certificate

12.-(1) Upon registration or grading ofa tourism facility or activity, Certificate of the Director shall issue to the operator ofthe facility or activity, a certificate registra ofregistration in the prescribed form which shall specify the registration tion or grade ofa or grade into which it has been classified. tourism facility (2) Where a tourism facility or activity ceases to be registered or and activity graded or its registration or grade is altered, the operator ofsuch facility or activity shall forthwith return to the Director the certificate of registration referred to under subsection (I).

13 — The Director shall publish in the Gazette once in a year or at such Publica

13. The Director shall publish in the Gazette once in a year or at such Publica tion ofa other intervals as the Minister may direct, a list oftourism facilities and list of activities that have been registered or graded including any other registered information relating to the grades and standards of such facilities or tourism facilities activities. and activities

14 — (1) An operator of a registered tourism facility who intends to Notifica

14.-(1) An operator of a registered tourism facility who intends to Notifica tion of make addition or alteration to the tourism facility in a manner that is addition or likely to affect the facility or service provided to tourists or the registration alteration or grading of the facility shall, in writing and within ninety days before toa registered commencing of any such addition or alteration, notify the Director and tourism submit such plans, documents and other information or particulars relating facility to the addition or alteration, as may be prescribed. (2) The Director shall reply in writing within thirty days from the date of receipt of the notification and give approval in relation therewith. (3) Within thirty days after completion of addition or alteration or within such longer period as the Director may allow, the operator ofthe tourism facility shall inform the Director of such completion.

15 — (1) The Director may, after giving the operator ofa tourism facility Regrading

15.-(1) The Director may, after giving the operator ofa tourism facility Regrading of a a reasonable opportunity ofmaking written representation on the matter, tourism regrade the tourism facility under subsection (I) of section 14, if in the facility Director's opinion, reasonable and sufficient grounds exist for so doing. 12 No. 29 Tourism 2008 (2) The operator of a tourism facility which has been regraded may, subject to such condition as may be imposed, apply for a licence to the Board in the form set out in the Second Schedule to this Act. (3) The Director shall, within thirty days of the receipt of an application made under subsection (2), give such decision and take such action as he considers appropriate. Cancella 16.-(1) Where the Director considers that there has been a failure in tion of registra respect of a registered tourism facility or activity to comply with any of tion of a the conditions or requirements regarding registration he may, with the tourism consent of the Minister, issue a notice to the operator requiring him to facility or activity comply with the conditions or requirements, within a period not exceeding thirty days, failure of which shall render the certificate of registration liable for cancellation. (2) The operator of the tourism facility or activity in respect of which a notice has been issued under subsection (I) may, before the expiry of the period specified by the Director, make written representation to the Minister with regard to the proposed cancellation. (3) Where, upon expiry of the period specified in the notice, the Minister considers that the requirement has not been complied with and no good reason has been shown as to why the tourism facility or activity should remain registered, he shall direct the Director to cancel the reg istration, and forthwith give notice ofthe cancellation to the operator. (4) The notice made under subsection (3) shall be published in the Ga=elle. (5) The operator of a tourism facility whose registration has been cancelled may, subject to such conditions as may be prescribed, apply to the Director in the manner prescribed for the re-registration ofthe tourism facility. (6) The Director shall, after consultation with the Minister, consider the application and make a decision. Designa 17.-(1) Notwithstanding any preceding provisions of this Part, the tion of a tourism Minister may, after consultation with the Director and by order facility or published in the Gazette, declare any premises, place, facility or activity activity which affords amenities to tourists, to be a designated tourism facility or activity. No. 29 Tourism 2008 13 (2) The Minister may require the owner or operator of any such tourism facility or activity to comply with any conditions attached to such designa tion. PART IV ESTABLISHMENT OF THE BOARD

18 — ( I) There is established a Board to be known as Tanzania Tourism Establish

18.-( I) There is established a Board to be known as Tanzania Tourism Establish Licensing Board. ment of the Board (2) The Board shall be composed of - (a) a Chairman to be appointed by the Minister; and (b) eleven other members six from the public and five from the private sector to be appointed by the Minister.

19 — (1) The functions of the Board shall be

19.-(1) The functions of the Board shall be - (a) to receive and consider applications of licences; (b) to issue licences under this Act; (c) to advise the Minister on matters relating to licences issued under this Act; and (d) to perform any other function in respect of licences as may be directed by the Minister. (2) Tenure of office, meetings and other procedural. matters of the Board shall be as set out in the Third Schedule to this Act.

20 — (1) Subject to subsection (2), there shall be an Appeals Authority Appeals

20.-(1) Subject to subsection (2), there shall be an Appeals Authority Appeals consisting of- Authority (a) a Chairman to be appointed by the Minister; (b) a lawyer representing the Tanganyika Law Society; (c) two other members being persons with knowledge in tourism matters; and (d) one person representing private sector dealing in tourism industry. (2) Members of the Appeals Authority shall serve on part time basis and shall convene as there are appeals to be determined. 14 No. 29 Tourism 2008 (3) Any person aggrieved by the decision of the Board on matters provided for under section 19 may, within twenty one days from the date of decision of the Board, appeal to the Appeals Authority. (4) The Board may appear as respondent and be heard on any appeal against its decision, and for purposes of enabling directions to be given as to the costs of any appeal, the Board shall be deemed to be a party thereto, whether or not it shall appear at the hearing of the appeal. (5) The Minister may, after consultation with the Attorney General, make rules for regulating the conduct of appeals before the Appeal Authority and prescribing for any other matter relating to appeals under this Act. PARTY LICENSING OF TOURISM FACILITTES AND ACTIVITIES Persons 21.- (1) Any person who owns, conducts or operates a tourism required to be facility or activity and who provides or assists in providing service in licensed a tourism facility or activity, shall not own or operate such facility or activity or provide or assist in providing such a service, as the case may be, unless he holds a licence for that purpose issued by the Board. (2) Any licence referred to in subsection (I) shall not be transferable. (3) Any person who contravenes the provisions of subsection (I) or (2), commits an offence. Licensing 22. Subject to this Act and any directions that the Minister may give, authority the Board shall be the licensing authority of all licences issued under this Act. Applica 23.-( 1) An application for a licence or renewal of a licence shall be tion for a made to the Secretary of the Board in the form set out in the Second licence or renewal Schedule to this Act. (2) On receipt of an application referred to under subsection (I), the Board shall, if it is satisfied that the applicant - No. 29 Tourism 2008 15 (a) has complied with the requirements, issue a licence to the applicant; or (b) has not complied with the requirements or does not possess the prescribed qualifications, refuse to issue a licence to the applicant and give reasons for the refusal.

24 — (1) Where the Board is satisfied that the holder of a licence - Cancella

24.-(1) Where the Board is satisfied that the holder of a licence - Cancella tion of a licence (a) is no longer qualified to hold the licence; (b) has been guilty of contravention of this Act or a conduct which renders him unsuitable to hold the licence; or (c) has failed to comply with any term or condition of the licence, it shall cancel the licence. (2) Before cancellation of the licence, the Board shall, in writing, issue a notice of intention to make cancellation to the person to whom the licence has been issued specifying the reasons for the- cancellation and inform the holder, not later than thirty days from the date on which the notice is given, to submit to the Board reasons why the licence should not be cancelled.

25 — Where, immediately before the date of commencement of this Require

25. Where, immediately before the date of commencement of this Require Act, any tourism facility was in operation, any person who is required to ment to apply for hold a licence in respect of a tourism facility or activity shall, within a lic..:ncc thirty days after such commencement or such further period as the Board may allow, apply for a licence in accordance with the provisions of this Act

26 — ( I) An operator of a tourism facility or activity shall receive any Tourism

26.-( I) An operator of a tourism facility or activity shall receive any Tourism facility or person as a guest, unless he has reasonable ground for refusing to activity receive any such person. to be open to all guests (2) Notwithstanding subsection(!), an operator of a tourism facility or activity may demand reasonable payment in advance as a condition for provision of services to a guest. Limita-

27 — (1) Without prejudice to other expenses incurred by him in tion of

27.-(1) Without prejudice to other expenses incurred by him in tion of i bility respect of any property brought to the facility or activity, an operator :: shall not be liable to make good to a guest for any loss of, or damage to operators such property except where - of a facility or activity 16 No. 29 Tourism 2008 (a) at the time of the loss or damage, accommodation or service at the tourism facility had been engaged for the guest; or (b) the loss or damage occurred during the period of which the guest was at the tourism facility or activity and entitled to use the accommodation or service so engaged. (2) Where an operator of a tourism facility or activity is liable under subsection (1) to make good any loss of, or damage to property brought to the tourism facility or activity, subject to the provisions ofsection 29, the operator shall do so, if: (a) the property was stolen, lost or damaged through the default, neglect or wilful act of such operator or any person in his employment; (b) the property was deposited by or on behalf of the guest expressly for safe custody with such operator or a person in his employment authorized or appearing to be authorized, for the purpose and ifso required by the operator or such person in his employment, in a container fastened and sealed by the depositor; or (c) at a time after the guest had arrived at the facility or activity, either the property was offered for deposit as aforesaid and such operator or a person in his employment refuse to receive it, or the guest or some other guests acting on his behalf wished to offer the property but, through the default of such operator or a person in his employment, was unable to do so. Notice to 28. Every operator shall cause a notice in the form set out in the be displayed Second Schedule to this Act be conspicuously displayed at the place where it can conveniently be read by guests, and the notice shall state the benefit of section 27 in respect of property brought to the facility or activity. Right of 29.-( 1) An operator shall have a right to sell and dispose ofby public sale by the auction any goods or property deposited with him, left in a tourism operator facility, premises or appurtenant belonging thereto, where the person of goods depositing or leaving such goods or property, as the case may be, is or or property becomes indebted to such operator. deposited or left at a facility (2) Notwithstanding subsection (1)- No. 29 Tourism 2008 21 (c) holds a valid First Aid Certificate; (d) has adequate knowledge of the area and has knowledge in the field applied for; and ( e) has other qualifications as the Minister may, by order in the Gazette, specify. (3) The person registered under subsection (I) shall be issued with an identity card which shall be possessed and displayed in the manner as may be prescribed. (4) Notwithstanding the foregoing provisions, the Director may refuse to register a person under this section if that person - (a) has been convicted ofany criminal offence particulars of which related to dishonest within five years immediately preceding the date of his application for registration; (b) has history or record of being a criminal; or (c) does not fall within the qualifications provided under this Part. ( 5) Where the Director refuses to register any person under subsection (I) he shall, in writing, inform that person reasons for refusal. ( 6) Notwithstanding the provisions of this section, the Minister may allow a registration of a Tanzanian citizen aged below twenty one years or who has attained education below 0-level to such class or level of tour guide as may be prescribed in the regulations.

43 — Every tour guide shall be required to - Tour

43. Every tour guide shall be required to - Tour guides to undergo (a) undergo medical examination annually; medical (b) comply with rules and regulations made by the relevant examina tion, authority; comply (c) in the course of work, use approved route or trails, as the case with rules may be; and ,etc. (d) be polite, hospitable, helpful and friendly to tourists or visitors.

44 — (1) Any person may, in writing lodge a complaint with the Director Com

44.-(1) Any person may, in writing lodge a complaint with the Director Com plaint against any tour guide who has contravened any provisions of this Act or against a regulations made thereunder. tour guide 22 No. 29 Tourism 2008 (2) Where the Director is satisfied that the tour guide has contravened any of the provisions ofthis Act, he may reprimand, suspend or deregister the tour guide. Director 4S.-(l) The Director may order restriction of activities of any tour may restrict a guide in respect of an area specified in the order. tour guide (2) Any person who contravenes any of the provisions of this Part commits an offence and shall on conviction be liable to a fine of not less than one million shillings or to imprisonment for a term not exceeding six months or to both. PART VIII OFFENCES AND PENALTIES Offences 46.-( 1) Without prejudice to any provisions of this Act or any other and penalties written law, any person who: (a) conducts or operates a tourism facility or activity in contravention of this Act; (b) hinders or obstructs the Director or an authorized officer to exercise his functions under this Act; (c) knowingly furnishes to the Director or an authorized officer any information or statistics which is false or misleading in ma terial respects; (d) without just cause, fails or refuses to furnish the Director with the information or statistics concerned; (e) fails to keep a register or conceal registration of any guest to an authorized officer; or ( f) fails to comply with any requirement made to him under the provisions of this Act, commits an offence. (2) Any person who commits an offence under subsection ( l) shall on conviction be liable to a fme of not less than ten million shillings or to imprisonment for a term not exceeding two years or to both. Liability 47.-( l) Any tourism operator who employs in his facility or activity for acts of agents, any agent, worker or other person shall be answerable for the acts and etc. No. 29 Tourism 2008 23 omissions of such person in so far as such acts or omissions concern the business of such operator. (2) In the case of any act or omission made by such agent, worker or other person which is an offence against the provisions of this Act, or which shall be an offence when committed or made by such operator, and his agent, worker or other person shall be jointly and severally guilty of the offence and be liable to penalties provided under this Act.

48 — Where an offence is committed under this Act by a body cmporate Offences

48. Where an offence is committed under this Act by a body cmporate Offences and it is proved to have been committed with the consent or connivance by a body corporate of, or to have been facilitated by any neglect on the part of any officer, member or servant of such body corporate or any person who purported to act in any such capacity, such officer, member, servant or such other person as well as the body corporate shall be guilty of the offence.

49 — Where a person contravenes any provisions of this Act or any General

49. Where a person contravenes any provisions of this Act or any General penalty subsidiary legislation made thereunder and no specific penalty have been provided, that person shall on conviction be liable to a fine of not less than two million shillings or imprisonment for a term of six months or to both.

50 — No matter or thing done by the Director, tourism officer, authorized

50. No matter or thing done by the Director, tourism officer, authorized officer or a member of the Board shall, in performance of the functions ProtCC· under this Act and if done in good faith, render him personally liable for tion of bo11ufide the matter or thing done. acts PART IX M1scaLA"rnus PRov1s1o"s

51 — ( I) A person who is aggrieved by a decision of the Director with

51.-( I) A person who is aggrieved by a decision of the Director with regard to: Appeals (a) an application for the registration ofa facility, an activity, a tour guide or for the renewal of registration; (b) the cancellation or alteration of the registration of a facility or an activity; ( c) the grading or regrading of a facility or an activity; or (d) variation of the conditions attached to any registration issued under this Act, may, within thirty days after being notified on the decision and after the payment of a prescribed fee, appeal in writing to the Minister. 24 No. 29 Tourism 2008 (2) For the purpose of detennining an appeal referred to in subsection (1), the Minister may require the Director to furnish him with the reasons for the decision that is the subject of the appeal and a copy of any evidence upon which the decision appealed against was based. (3) The Director shall take necessary steps to comply with any order made by the Minister pursuant to subsection (2). Surrender 52.-(1) A person whose licence is cancelled under the provisions of of a licence this Act shall, within fourteen days from the date of cancellation, surrender the licence to the Secretary of the Board. (2) A person who contravenes subsection (1), commits an offence. Power to 53.-(1) The Director or authorized officer may, in the performance of enter premises his functions, enter and inspect at any reasonable time, the premises of - (a) any facility in respect of which an application for registration has been made; (b) any registered tourism facility or activity; (c) any tourism operator, where he has reasonable cause to believe that such premises are kept in contravention of this Act and may make such examination and inquiry as it may be necessary. (2) In entering or inspecting the premises of a facility, activity or a tourism operator, the Director or an authorized officer may: (a) examine and take copies of any books, accounts and documents found in the premises relating or appearing to relate to the business of a facility, activity or tourism operator; (b) seize any books, documents or accounts found in the premises which he has reasonable cause to believe that they contain evidence of an offence committed against this Act; (c) question any person who appears to him to be engaged in, or carrying on, or employed in the business of a tourism facility, activity or tourism operator on the premises on any matter concerning the application of this Act; (d) require, by notice in writing, any person who appears to be engaged in, or carrying out the business of a tourism operator, No. 29 Tourism 2008 25 to produce to him at such time and place as he may specify in such notice, any of the books, accounts or documents relating to the business of a tourism operator; or (e) stop and seize or search any vehicle on which he has reasonable grounds for suspecting that it is used or contains any matter which may be used as evidence in respect of an offence committed under this Act. (3) The Director or an authorized officer shall, if so required, produce evidence of his authority to examine or make any inquiry or enter the premises of any facility in respect of which an application for registration has been made or of any registered tourism facility or activity. (4) Notwithstanding the provisions of subsections (I), (2), and (3), no premises shall be entered into except after the Director or authorized officer has informed the person who is for the time being in charge or control of such premises of the purpose of his visit. (5) Any person seizing anything under the provisions ofparagraph (e) of subsection (2) shall, at the time when such thing is seized, give a written receipt thereof. (6) Where any person who conducts, operates or intends to operate a tourism facility or activity, without just cause: (a) refuses to permit the Director or an authorized officer to enter any premises under subsection ( 1) or to conduct any examination or inquiry of that facility or activity; (b) otherwise hinders or obstructs the Director or an authorized officer in the exercise of his powers under subsection( 1 );or (c) conceal any relevant information, such refusal, hindrance, obstruction or concealment of information, as the case may be, shall afford a ground for refusing to register the facility or activity or cancelling its registration, or refusing to issue a licence to that person or cancelling the licence, as the case may be.

54 — The Director may require a tourism operator, whether or not the Statistics

54. The Director may require a tourism operator, whether or not the Statistics facility or activity is registered or the person is licensed, to furnish such and informa information and statistics in regard to customers and the operation of the tion facility or activity as he considers necessary. 26 No. 29 Tourism 2008 Division 55.-{l) The Director shall monitor curricula ofhotel and tourism training to monitor provided by public and private institutions to ensure that: curricula (a) the institutes maintain higb academic and practical standards; of hotel (b) the institutes are accredited under relevant laws; and and tourism (c) the institutes abide by any other relevant laws. training institutes (2) The Minister may make regulations prescribing: (a) the desirable fucilities of the hotel and tourism training institutes; and (b) any thing which can be prescnbed under this section for purposes of promotion and development of hotel and tourism training institutions. Regula 56.-(1) Subject to subsection (2), the Minister may make regulations tions for better carrying out of the provisions and purposes of this Act. (2) Without prejudice to the generality of subsection (I ),the Minister may make regulations prescribing: (a) the registration of any tourism facility or activity: (b) the requirements to be complied with before any facility or activity may be registered; (c) the grades of tourism facilities and the requirements to be complied with, before a facility or activity can qualify for any particular grade; ( d) the licensing of any person who owns, conducts or operates a tourism facility or activity, or provides or assists in providing any service which is a facility or an activity; ( e) the requirements to be complied with or the qualifications to be held by a person before he may be issued with a licence re ferred in paragraph (b) or his facility or activity be classified; (I) the issuance or replacement of licences and certificate of registration; (g) insignia or logos for various groups and grades of tourism facilities or activities and licensed persons, the circumstances and manners in which they shall be used and displayed; (h) the publication and display of particulars relating to the na ture, grade, name or style of tourism facilities, activities and licensed persons; No. 29 Tourism 2008 27 (i) duties oflicensed persons and operators oftourism facilities or activities in relation to the provision ofservices; (j) records and accounts to be kept by licensed persons and operators of tourism facilities or activities; (k) insurance to be taken out by licensed persons and operators of tourism facilities and activities in respect of any death, injury of, or loss sustained by clients and other persons; (I) fees and charges payable for registration, certificates, licences and other documents issued, inspections carried out and other things done under this Act; (m) the provision ofbonds or other security by licensed persons in respect of their operations or business; (n) the undertaking of training or instruction by, or certification of persons employed in the tourism industry; (o) the declaration of tourism development zones for the orderly development of the industry in such zones and, for that purpose, providing for the rights, privileges and obligations of person who establish, operate, propose to establish or operate facilities in such zones; (p) submission by licensed tourism operators of returns and information relating to their business; (q) the activities of tourism operators with respect to the issuing of travel tickets and making of reservation for accommodation of facility; (r) the activities undertaken in facilities and activities by tourism operators in order to maintain a high standard of services in tourism industry; (s) conditions or requirements for application ofliccncc ofa tourism facility; (t) penalties for contravention of any regulations or any other subsidiary legislation made thereunder; (u) formation of any committee or sub-committee under this Act; (v) prohibition of use ofcertain words or phrases under this Act; (w) the manner under which tourism operators may contribute to costs related to upgrading of facilities; (x) the grading and classification of tour guides, and the manner under which tour and photographic safari may be conducted; (y) qualification of, and the manner under which tour guides may operate; and (z) anything with promotion, development and regulation ofa tourism industry in the country. 28 No. 29 Tourism 2008 Matters 57.-(I) The rights, privileges, benefits and any other matters relating relating to to employees and employers, as the case may be under this Act, shall be employ as provided under the Employment and Labour Relations Act, Labour ments Institutions Act and any other relevant laws. Cap.366 and 300 (2) All matters relating to employment of foreigners under this Act shall be as provided for under the relevant laws. (3) Without prejudice to any other written law, for the purposes of enforcement ofsubsection (2), the Director may, in consultation with the relevant authority, appoint in writing such number of authorized offic ers for purposes of inspection and compliance. Arrange 58.-(1) The Minister may specify facilities and activities which can ments for only be operated by Tanzanian citizens, and put in place mechanism on residents and local how tourism facilities and activities can benefit local communities communi surrounding the same. ties (2) Without prejudice to subsection (1 ), no person who is not a Tanzanian citizen shall engage himself in a business of: (a) save for foreign air lines, travel agency; (b) mountain climbing or trekking; (c) tourguide; (d) car rental; or (e) any other activity the Minister may, by order published in the Gazette, specify. (3) Subsections (1) and (2) shall not be construed as to prohibit any foreign tour leader to accompany or lead any foreign tourist or group of foreign tourists visiting Mainland Tanzania. Develop- 59.-(1) There is established a levy to be known as a tourism development ment levy Ievy. (2) The Minister shall, after consultation with the Minister responsible for finance, make regulations prescribing the manner and modality under which the levy may be collected and used. Protec 60. Every tourism operator shall ensure that any person who takes tion of photographs takes into consideration - tradition and culture No. 29 Tourism 2008 29 (a) laws, practices and customs of Mainland Tanzania; (b) attributes and tradition oflocal communities; (c) the survival and flourishment of traditional cultural products, crafts and folklore; (d) protection of social and cultural identities; and (e) that, no person takes a photograph of another person with the intention of, or for the purposes of dehumanizing, making fun of, or otherwise using such photograph in a manner that lowers the esteem of that person or class or group of person where he belongs.

61 — The Minister may, by order published in the Gazette, amend any Minister

61. The Minister may, by order published in the Gazette, amend any Minister Schedule to this Act. may amend Schedules

62 — The Board established under the Tanzania Tourist Board Act Tanzania

62. The Board established under the Tanzania Tourist Board Act Tanzania shall, in respect of promotion and marketing of tourism products within Tourist Board to and outside Mainland Tanzania have effect to this Act. apply to this Act. Cap. 364

63 — The Hotels Act and the Tourist Agents (Licensing) Act are hereby Repeals

63. The Hotels Act and the Tourist Agents (Licensing) Act are hereby Repeals repealed. Caps 105 and 65

64 — Notwithstanding the repeal of the Acts referred to in section 63: Transi

64. Notwithstanding the repeal of the Acts referred to in section 63: Transi lional provisions (a) all hotels, restaurants and other tourism facilities and activities which fall under the category of tourism facility or activity as provided for under this Act shall, immediately after the commencement of this Act, be deemed to be tourism facilities and activities required to be registered; (b) any person who was required to be licensed under the repealed Acts shall be required to be licensed under this Act; (c) any register kept pursuant to the repealed Act, on or after the commencement date, shall continue to be kept under this Act; (d) any requirements or qualification forregistration ortbe issuance of a licence which were applicable under the repealed Acts shall be deemed to have been provided for under this Act; (e) any registration, classification, grading, certificate or licence effected or issued pursuant to the repealed Acts and in force, shall continue to be in force as if it had been effected, made or issued under this Act; and 30 No. 29 Tourism 2008 (f) any application or decision made or any other thing whatsoever made, done or commenced under the repealed Acts which had acquired or was capable of acquiring force or effect, shall continue to have or to be capable of acquiring such force or effect, as the case may be, as if it has been made, done or commenced under this Act.

FIRST SCHEDULE

FIRST SCHEDULE Made under section 4 (3) COMPOSITTON, TENURE OF 0rnCE, MEETINGS AND PROCEDURAL MATIERS OF lHE 'fEcHNJCAL ADVISORY COMMITTEE 1. The Technical Advisory Committee shall be composed of: (a) a Chairman; (b) a representative of the Attorney General; (c) a member from the ministty responsible for public safety and security; (d) the Director of Wildlife Division; (e) the Conservator of the Ngorongoro Conservation Area Authority; (I) the Executive Secretary of the Hotel Association of Tanzania; (g) the Managing Director of Tanzania Tourism Board (TTB); (h) the Executive Secretary ofTourism Confederation ofTanzania; · (i) the Executive Secretary of Tanzania Association of Tour Operators; (j) one member from the National Environment Management Council; (k) the Manager of the Marine Parks and Reserves; (I) the Director General of Tanzania National Parks; (m)the Director of Antiquities; and (n) two members vested with tourism matters to be appointed by the Minister. 2. The Committee may co-opt any person to attend its meeting without a voting right. 3. The Chairman of the Committee shall be appointed by the Minister. 4. The members shall select amongst their numbers a Vice-Chairman. S.-(1) The Committee shall meet four times a year, however, it may convene an extraordinary meeting where circumstances allow. (2) All meetings of the Committee shall be convened by the Chairman, on his absence, the Vice- Chairman. (3) The quorum at any meeting ofthe Committee shall be a halfof all members in office. No. 29 Tourism 2008 31 6.-{l) The tenure of office of the members of the Committee other than ex-officio members shall be three years subject to their further appointment (2) Where any member ceases to be a member for any reason before expiration ofbis term of office, the appointing authority may appoint another person in bis place and the person so appointed sball hold office fur the remainder ofthe term ofoffice ofbis predecessor. 7. All matters proposed at any meeting of the Committee shall be decided by a majority of votes of the members present and voting; in the event of equality of votes, the Chairman or the Vice- Chairman, as the case may be, shall have a second vote or casting vote in addition to his original or deliberative vote. 8. The Committee shall cause to be recorded and kept minutes of all business conducted or transacted at its meetings, and the minutes of each meeting ofthe Committee shall be read and confirmed or amended at the next meeting ofthe Committee and signed by the person presiding at the meeting. 9. The validity of any act or proceedings of a properly constituted Committee meeting shall not be affected by the absence of any member or by the defect subsequently raised by the absent member. ' 10. The Committee may make its own procedures.

SECOND SCHEDULE

SECOND SCHEDULE FORMS Made under section I 0(1) THE TOURISM ACT NOTE: THE APPLICATION WILL NOT BE PROCESSED IF IN THE OPINION OF THE AUTHORITY THERE IS MISREPRESENTATION OR NON DISCLOSURE OF ANY MATERIAL FACT APPLICATION FOR A TOURISM OPERATOR'S CERTIFICATE OF REGISTRATION 1. BUSINESS OR TRADING NAME: .................................... . I Location of Premises for which Certificate of Registration is being sought: 2. DETAILS OF APPLICANTS: Ifapplicant is an individual or sole trader: name ofindividual. Ifapplicant is an organizalion, names oftwo directors and o,ganizalion secretary. Ifapplicant is a partnership, names ofALL partners. 32 No. 29 Tourism 2008 NAME IN BLOCK CAPITAL LETIERS ONLY Name of applicant A: TIN number: Name of Applicant B: TIN number: Name of Applicant C: TIN number: 3. DETAILS OF ORGANISATION: (Where the Applicant is a Company or Corporate identity) Company Registtation No: Registered Office address: Contact details: Telephone Number ............ . .......... ............................ . Fax Number· .......................... .............. .................................................. E-mail address: . .............. .......... ........... Web site address: ................. Name of person who can be contacted about this application: .................. .... Telephone number of contact person: ................................................. . 4. State Type of Certificate of Registration being applied for: ...................... .. . 5. State principal activities of the company (e.g. travel agent; outbound travel; group handler; guiding services or specialist operator) Activities: ................... .. .......... ......... ....... ........... ........ ·· · · · · · · · · · · ·· 6. Level of Operatioos and Turnover: (i) total licensable turnover last year; (ii) projected licensable turnover for coming year. 7. Provide capitalisation details: Specify: No. 29 Tourism 2008 33 (i) Authorised share capital. (ii) Issued, fully paid up capital ................................. . (a) for cash ............................................. (b) otherwise than for cash ........................... (iii) If any share capital not fully paid up, give details .......... (iv) FuII names, addresses and nationality of each shareholder and full det ails of shares held by each 8. Provide details ofborrowing or other credit arraogements: Specify: (i) Authorised share capital ........................................ (ii) Issued, fully paid up capital .................................. . (a) for cash ............................................... (b) otherwise than forcash............................. (iii) If any share capital not fully paid up, give details .......... (iv) FuII names, addresses and nationality ofeach shareholder and full details ofshares held by each ......................... 9. Provide details ofAssets: Specify: (i) Details of premises and whether the premises are owned, leased, rented or mortgaged (ii) A List of all other assets of the Applicant. 10. Other particulars: (i) State whether applicant, the director or Manager or any officer of the applicant company has been convicted of any offence involving fraud or dishonesty in the last five years, or if there is any such case pending. (ii) State whether the applicant or any officer of the applicant company is a charged bankrupt (iii) State whether the company or business is in liquidation or if any order has been made by any court in Tanzania or elsewhere against the company. If the answer to items above is yes, please provide details: Details: 11. Submission of Documents In the case that the application for the Certificate ofRegistration is being made by an individual or partnership, he/she/they shall submit the following docu ments with the application form: 34 No. 29 Tourism 2008 (a) The application fee as prescribed by the Tourism Division. (b) Evidence that the business is licensed by BRELA. ( c) Evidence that the business is registered with the appropriate local authority and that the premises complies with the appropriate local government plans development Acts. (d) The site plan and floor area of premises intended to be used for the conducting ofa tourism enterprise. (e) Details of managerial staffand their TIN numbers. (I) Details of any foreign employees, their residency and employment status. (g) Fire Departmeot clearance certificate. (h) A business plan relating to the proposed enterprise. (i) Financial information including opening balance sheet, pro- jected cash flows, trading, profit and loss accounts for first years trading and projected balaoce sheet for end offirst year trading. G) The curriculnm vitae of the owner or, in the case of partner ships, the owners or managing representative of the owner. (k) A statement detailing the scale of charges which ·the applicant proposes for services provided during the period while such registration will remain in force. In the case that the application for the Certificate of Registration being made by a body corporate shall be accompanied by: (a) The Certificate oflncorporation or similar deed. (b) The Memorandum and Articles of Association or similar constitutive document. (c) The list ofDirectors, their titles, their TIN numbers and their qualifications. 1/n·e the undersigned. hereby app�rfor Certificale ofRegistration to carry on the business ofa Tour Agent/Tour Operator/Services provider and declare that to the best ofour abilities and belief. the particulars given herein are troe and complele. Signature of Applicant A: Signature ofApplicant B: Signature ofApplicant C: Ifapplicant is an individual or sole trader: signature ofindividual. If applicant is an organization, signature of two directors and organization secretary. Ifapplicant is a partnership, signature ofAU partners. Date of Application ............................................. DO NOT WRITE IN TIIIS SPACE - FOR OFFICIAL USE ONLY j Renewal of Certificate of Registration granted/rejected ............... issued on ............ Certificate ofRegistration type: ....................... Number . ....................................... . Comment: Fee paid: ........... ........................... Receipt No . .......... .................................... Signatore: ...... . ................. ............................................................................ No. 29 Tourism 2008 35

THIRD SCHEDULE

THIRD SCHEDULE Made under section 19(2) TENURE OF OFFICE, MEETINGS AND PROCEDURAL MATIERS OF THE BOARD 1. The Board may co-opt any person to attend on its meeting without a voting right. 2. The Chairman of the Board shall be appointed by the Minister. 3. The members shall select amongst their numbers a Vice-Chairman. 4.-(1) The Board shall meet four times a year, however, It may convene an extraordinary meeting where circumstances allow. (2) All meetings of the Board shall be convened by the Chairman, on his absence, the Vice- Chairman. (3) The quorum at any meeting of the Board shall be a half of all members in office. 5.-( 1) The tenure of office of the members of the Board other than ex-<>fficio members shall be three years subject to their further appointment. (2) Where any member ceases to be a member for any reason before expiration of his term of office, the appointing authority may appoint another person in his place and the person so appointed shall hold office for the remainder of the term of office of his predecessor. 6. All matters proposed at any meeting of the Board shall be decided by a majority of votes of the members present and voting; in the event of equallty of votes, the Chairman or the Vice- Chairman, as the case may be, shall have a second vote or casting vote in addition to his original or deliberative vote. 7. The Board shall cause to be recorded and kept minutes of all business conducted or transacted at its meetings, and the minutes of each meeting of the Board shall be read and be confirmed or amended at the next meeting of the Board and signed by the person presiding at the meeting. 8. The validlty of any act or proceedings of a property constituted Board meeting shall not be affected by the absence of any member or by the defect subsequently raised by the absent member. 9. The Board may make its own procedures. Passed in the NationalAssembl � ...... . �-��-� Clerk�;i,n;};if>liff!;mbly

Tourism Act, 2008 (No. 29 of 2008)

About this law

Where to read it

Text