CHAPTER 105
HOTELS ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

   Section

Title

PART I
PRELIMINARY PROVISIONS

   1.   Short title.

   2.   Interpretation.

PART II
ESTABLISHMENT OF HOTELS BOARDS

   3.   Establishment of Hotels Boards.

   4.   Membership of Boards.

   5.   Board not liable for acts done in good faith.

   6.   Meetings and procedure of Boards.

   7.   Appointment of Secretary.

   8.   Authentication of documents.

   9.   Reimbursement of expenses.

   10.   Licences.

   11.   Conditions for issue or renewal of licences.

   12.   Board's power to require matters to be remedied and to suspend or cancel licences.

   13.   Appeals.

   14.   Hotel to be open to all travellers.

   15.   Limitation of hotel-keeper's liability.

   16.   Notice to be displayed.

   17.   Hotel-keeper's right of sale.

   18.   Register of guests.

   19.   Power of inspection.

   20.   Offences and penalties.

   21.   Liability of hotel-keeper for acts of agents.

   22.   Regulations.

   23.   [Repeal of R.L. Cap. 319.]

PART III
HOTELS LEVY

   24.   Interpretation.

   25.   Exemption.

   26.   Imposition of levy

   27.   Exemption of VAT registered person.

   28.   Determination of hotel charges.

   29.   Levy where owner supplies at least two meals.

   30.   Inspection by Commissioner.

   31.   Power of Commissioner to estimate levy payable.

   32.   Penalties.

   33.   Recovery of levy and penalty.

   34.   Collection of hotel levy by distress.

   35.   Offences.

   36.   Where offence is committed by body corporate.

   37.   Liability of employer or principal.

   38.   Commissioner may compound offence.

   39.   Regulations.

   40.   [Repeal of R.L. Cap. 475.]

SCHEDULE

CHAPTER 105
THE HOTELS ACT

An Act to make provision for hotels and for payment of a hotel levy.

[1st October, 1965]

Act No. 22 of 1963
[R.L. Cap. 521]
Acts Nos.
23 of 1972
12 of 1981
16 of 1983
10 of 1986
10 of 1987
13 of 1989
18 of 1991
24 of 1997
25 of 1997

PART I
PRELIMINARY PROVISIONS (ss 1-2)

1.   Short title

   This Act may be cited as the Hotels Act.

2.   Interpretation Act No. 18 of 1991 s. 54">

   In this Act, unless the context requires otherwise–

   "Board" means an Hotels Board established under section 3;

   "Chairman" means the Chairman of a Board;

   "hotel" means any establishment intended for the reception of travellers or visitors who may choose to stay there and carried on with a view to profit or gain, but does not include–

   (a)   any establishment which has accommodation for less than six guests;

   (b)   any establishment which provides sleeping accommodation in dormitories only; or

   (c)   any Government rest-house;

   "hotel-keeper" means any person who is the holder of a valid licence issued or deemed to be issued under section 10;

   "member" means, in Part II, a member of a Board and includes the Chairman;

   "Minister" means, in Part II, the Minister responsible for matters relating to the tourist industry and in Part III, means the Minister responsible for finance.

PART II
ESTABLISHMENT OF HOTELS BOARDS (ss 3-23)

3.   Establishment of Hotels Boards

   The Minister may, by notice published in the Gazette, establish an Hotels Board for any area or areas of Tanzania and each Board shall exercise and perform within the area or areas for which it is established the powers and duties conferred and imposed on a Board by the provisions of this Act.

4.   Membership of Boards

   (1) A Board shall consist of a Chairman and any number of other members, being not less than five and not more than ten, as the Minister may from time to time determine.

   (2) The Chairman and the other members of a Board shall be appointed by the Minister and, subject to the provisions of this Act, shall hold office for three years from the date of their appointment, but shall be eligible for re-appointment.

   (3) The Minister may at any time cancel the appointment of any person as a member of a Board.

   (4) Any member of a Board may resign from the Board by notice in writing addressed, in the case of the Chairman, to the Minister, and in any other case to the Chairman, and as from the date specified in the notice as the effective date of resignation, or if the date is not specified, from the date of receipt of the notice, that member shall cease to be a member of the Board.

   (5) Whenever any vacancy occurs by reason of the death, cancellation or appointment or resignation of any member of a Board such vacancy shall be filled by the appointment by the Minister of a member who shall hold office for the unexpired residue of the period of office of the member in whose place he is appointed.

   (6) If any member of a Board is incapacitated by illness, temporary absence from Tanzania or other sufficient cause from performing the duties of his office the Minister may appoint another person to act in his place and every person so appointed shall have all the powers and duties of the member for whom he is acting until that member is again able to perform the duties of his office or ceases to hold office as a member of the Board.

   (7) Subject to the provisions of subsection (1) of section 6 the validity of the proceedings of a Board shall not be affected by any vacancy among its members or by any defect in the appointment of any member.

5.   Board not liable for acts done in good faith

   No Board or any member shall be liable for any act or default done or omitted to be done in good faith and without negligence in the exercise of any powers or duties conferred or imposed by this Act.

6.   Meetings and procedure of Boards

   (1) A quorum for any meeting of a Board shall be–

   (a)   if the total membership of the Board does not exceed seven, three; or

   (b)   if the total membership of the Board exceeds seven, four.

   (2) At every meeting of a Board a decision of the members present and voting shall be deemed to be the decision of the Board.

   (3) The Chairman shall preside at every meeting of the Board at which he is present and in the absence of the Chairman the members present shall elect one of their number to be chairman for that meeting.

   (4) The Chairman or the person elected to be chairman for a meeting shall have a casting as well as a deliberative vote.

   (5) No member of a Board shall vote upon or take part in or be present at the discussion of any matter in any meeting of the Board in which he himself, his spouse, any member of his family, his partner or any nominee of his has any pecuniary interest, direct or indirect.

   (6) In this section, a member of the family of a member of a Board shall be deemed to include his father, mother, child, brother or sister and any person married to his father, mother, child, brother or sister.

   (7) Subject to the provisions of this section and of any regulations made under paragraph (f) of section 22, a Board may regulate its own procedure.

7.   Appointment of Secretary

   A Board may appoint any person, whether a member of the Board or not, to be Secretary to the Board and that person when so appointed shall conduct the correspondence and keep the records of the Board and shall perform any other duties which the Board may from time to time direct.

8.   Authentication of documents

   Every notice, order or other document issued by a Board shall be signed by its Chairman or by some other person authorised by the Chairman to act on his behalf and when so signed shall for all purposes be deemed to have been duly issued by the Board until the contrary is proved.

9.   Reimbursement of expenses

   The Minister may authorise out of moneys appropriated by Parliament for the purpose–

   (a)   the reimbursement of travelling expenses incurred by members of and the Secretary to a Board;

   (b)   the provision of stationery for the use of a Board; and

   (c)   the payment of such a salary as he may approve to a person appointed as Secretary to a Board who is not a member of the Board.

10.   Licences

   (1) Subject to the provisions of section 11, a Board may issue to any person a licence authorising that person to carry on the business of an hotel, either personally or through the agency of any other person, on the premises specified in the licence.

   (2) A licence issued by a Board under this section–

   (a)   shall be issued free of charge and shall, subject to the provisions of section 12 and of subsection (4) of section 20 expire on the thirty-first day of December next following the date of issue;

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