Laws of Zambia Active 2007Zambia Tourism Board
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Zambia Tourism Board [No. 24 of 2007 467
GOVERNMENT OF ZAMBIA
ACT
No. 24 of 2007
Date of Assent: 29th November, 2007
ENTITLED
An Act to provide for the establishment of the Zambia Tourism Board and define its functions; to provide for the promotion and marketing of Zambia as a tourist destination within and outside Zambia; and to provide for matters connected with or incidental to the foregoing.
[30th November, 2007
ENACTED by the Parliament of Zambia.
PART I PRELIMINARY
1. This Act may be cited as the Zambia Tourism Board Act, 2007, and shall come into operation on such date as the Minister may, by statutory instrument, appoint.
2. In this Act, unless the context otherwise requires—
“appointed date” means the date appointed by the Minister under section one;
“Board” means the Zambia Tourism Board established by section three;
“Chairperson” means the person appointed as Chairperson of the Board under section five;
“former Board” means the Zambia National Tourist Board established under the Tourism Act; Cap. 155
“hotel” shall have the meaning assigned to it by the Tourism and Hospitality Act, 2007; Act No. 23 of 2007
Short title and commencement
ct; Cap. 155
“hotel” shall have the meaning assigned to it by the Tourism and Hospitality Act, 2007; Act No. 23 of 2007
Short title and commencement
Interpretation
Enactment
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468 [No. 24 of 2007 Zambia Tourism Board
“member means a member of the Board and includes the
Chairperson and Vice Chairperson;
“Secretary ” means the person appointed as Secretary to
the Board under section nine;
“Tourism Council of Zambia " means the Tourism Council
of Zambia registered under the Societies Act; and
Cap. 119
“Vice-Chairperson” means the person appointed as Vice
Chairperson of the Board under section five.
PART II
THE ZAMBIA TOURISM BOARD
3. There is hereby established the Zambia Tourism Board which
shall be a body corporate with perpetual succession and a common
seal, capable of suing and of being sued in its corporate name, and
with power, subject to the provisions of this Act, to do all such acts
and things as a body corporate may, by law, do or perform.
Establishment
of Board
4. (1) It shall be the general duty of the Board to promote such
measures as may be necessary to achieve the maximum publicity
of Zambia’s tourist attractions, locally and internationally.
o promote such
measures as may be necessary to achieve the maximum publicity
of Zambia’s tourist attractions, locally and internationally.
Functions of
Board
(2) Without prejudice to the generality of the provisions of
subsection (1), the Board shall —
(a) promote Zambia as a tourist destination;
(b) design and implement suitable marketing strategies for
the promotion of the tourism industry;
(c) formulate and implement measures designed to enhance
the profile and image of Zambia as a preferred tourist
destination;
(d) provide information services for tourists and to that effect
may establish and operate tourist information offices;
(e) collect, evaluate and disseminate information regarding—
(i) tourism markets and market potential;
e) collect, evaluate and disseminate information regarding—
(i) tourism markets and market potential;
(ii) trends in tourist activities, expectations and needs;
and
(iii) competing tourism markets;
(f) conduct research into local and international tourism
markets;
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Zambia Tourism Board [No. 24 of 2007 469
local and international tourism
markets;
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Zambia Tourism Board [No. 24 of 2007 469
(f) conduct research into local and international tourism
markets;
(g) provide tourists with travel services and with information
on —
(i) accommodation;
(ii) tourism destinations and facilities within Zambia;
and
(iii) tourist attractions and services available to tourists
in Zambia;
(h) subject to the approval of the Minister, negotiate and enter
into agreements or arrangements relating to tourism
marketing and promotion or any other matter that will
enhance tourist traffic within and into Zambia;
(i) promote throughout Zambia awareness on the importance
and benefits of tourism and, in so doing, use such media
or other means as are available to create maximum
awareness of Zambia’s tourism attractions;
(j) carry out market research to ensure the appropriate
positioning of Zambia’s tourist attractions within the
international and domestic markets; and
(k) do such other things as are necessary for the promotion
of tourism and tourist welfare in Zambia.
national and domestic markets; and
(k) do such other things as are necessary for the promotion
of tourism and tourist welfare in Zambia.
(3) The Board shall have power, subject as herein provided, to
do anything and to enter into any transaction which in its opinion is
calculated to facilitate the discharge of its duties under this Act or
which is incidental or conducive thereto.
(4) The Board shall, in the performance of its functions, have
regard to the policies of the Government.
(5) The Minister may give such general or specific directions
to the Board in relation to the performance of its functions and the
Board shall comply with the direction.
5. (1) The Board shall consist of ten part-time members Composition
appointed by the Minister. of Board
(2) The members appointed under subsection (1) shall be
persons who have expertise in hotel management, marketing,
broadcasting, wildlife management, and in the operations of the
tourism industry and shall include —
(a) one representative of the Tourism Council of Zambia;
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470 [No. 24 of 2007 Zambia Tourism Board
industry and shall include —
(a) one representative of the Tourism Council of Zambia;
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470 [No. 24 of 2007 Zambia Tourism Board
(b) a representative of the Ministry responsible for tourism;
(c) a representative of the Ministry responsible for finance;
(d) a representative of the Immigration Department; and
(e) a representative of the Attorney-General.
(3) The Minister shall appoint a Chairperson and Vive-
Chairperson from among the members referred to in subsection
(2):
Provided that the Chairperson shall be appointed from
among the members from the private sector.
(4) The Minister shall, insofar as is practicable, ensure that
among the members of the Board there is an equitable balance
between men and women.
sofar as is practicable, ensure that
among the members of the Board there is an equitable balance
between men and women.
(5) A person shall not be appointed as a member of the Board
if the person—
(a) is an undischarged bankrupt;
(b) has been convicted of an offence involving fraud or
dishonesty;
(c) has been convicted of an offence under any written law
and sentenced to a term of imprisonment of not less
than six months, without the option of a fine; or
(d) is of unsound mind.
Tenure of 6. (1) Subject to the provisions of this Act, a member shall hold
office of office for a period of three years from the date of appointment and
member may be re-appointed for a further period of three years.
(2) A member may resign upon giving one month’s notice in
writing to the Minister.
inted for a further period of three years.
(2) A member may resign upon giving one month’s notice in
writing to the Minister.
(3) The office of member shall become vacant—
(a) if a member is an undischarged bankrupt;
(b) upon the member’s death;
(c) if a member becomes mentally or physically incapable of
performing the duties of a member of the Board;
(d) if a member is convicted of an offence under any written
law and sentenced to serve a term of imprisonment of
not less than six months without the option of a fine;
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Zambia Tourism Board [No. 24 of 2007 471
e) on the member ceasing to be a representative of the
organisation which nominated the member: or
f) if the member is absent, without reasonable excuse, from
three consecutive meetings of the Board of which the
member has had notice.
(4) On the expiration of the period for which a member is
appointed, the member shall continue to hold office until the
member’s successor is appointed, but in no case shall the further
period exceed three months.
ed, the member shall continue to hold office until the
member’s successor is appointed, but in no case shall the further
period exceed three months.
7. Whenever the office of a member becomes vacant before
the expiry of the term of office, the Minister may appoint another
person to hold office for the unexpired part of the term from the
same organisation as the member who vacates office, and such
person shall be eligible for re-appointment.
Filling of
casual
vacancy
Managing
Director
8. (1) The Board shall, with the approval of the Minister, appoint
a Managing Director who shall be the chief executive officer of
the Board and who shall, subject to the control and direction of the
Board, be responsible for implementation of the decisions of the
Board and the day to day administration of the Board.
(2) The Board shall , with the approval of the Minister,
determine the terms and conditions of service of the Managing
Director.
(3) The Board may in writing delegate to the Managing Director
such of its functions as it may consider necessary.
(4) The Managing Director shall attend meetings of the Board
and any committee of the Board and may address the meetings,
but shall have no vote.
.
(4) The Managing Director shall attend meetings of the Board
and any committee of the Board and may address the meetings,
but shall have no vote.
9. (1) The Board shall appoint a Secretary on such terms and
conditions as the Board may, with the approval of the Minister,
determine.
Secretary and
other staff
(2) The Secretary shall, subject to the directions of the
Managing Director, perform such duties as may be assigned to the
Secretary.
(3) The Board may, appoint such other staff of the Board as it
considers necessary for the performance of its functions under
this Act, on such terms and conditions as it may, with the approval
of the Minister determine.
10. (1) The seal of the Board shall be such device as may be
determined by the Board and shall be kept by the Secretary.
Seal of
Board
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(2) The affixing of the seal shall be authenticated by the
Chairperson or the Vice-Chairperson and the Secretary or one
other person authorised in that behalf by a resolution of the Board.
(3) Any document purporting to be a document under the seal
of the Board or issued on behalf of the Board shall be received in
evidence and shall be executed or issued , as the case may be,
without further proof, unless the contrary is proved.
of the Board shall be received in
evidence and shall be executed or issued , as the case may be,
without further proof, unless the contrary is proved.
Proceedings
of Board
11. (1) Subject to the other provisions of this Act, the Board
may regulate its own procedure.
(2) The Board shall meet for the transaction of business at
least once in every three months at such places and such times as
the Chairperson may decide.
(3) Upon giving notice of not less than fourteen days, a meeting
of the Board may be called by the Chairperson and shall be called
if not less than two thirds of the members so request in writing:
Provided that if the urgency of any particular matter does not permit
the giving of such notice; a special meeting may be called upon
giving shorter notice.
(4) The quorum at any meeting of the Board shall be seven
members.
(5) There shall preside at any meeting of the Board—
(a) the Chairperson;
(b) in the absence of the Chairperson, the Vice-Chairperson;
or
(c) in the absence of the Chairperson and the Vice Chairperson
such member as the members present may elect for the
purpose of that meeting.
f the Chairperson and the Vice Chairperson
such member as the members present may elect for the
purpose of that meeting.
(6) A decision of the Board on any question shall be by a
majority of the members present and voting at the meeting , and in
the event of an equality of votes, the person presiding at the meeting
shall have a casting vote in addition to a deliberative vote.
(7) Where a member is for any reasonable cause unable to
attend any meeting of the Board, the member may, in writing,
nominate another person from the same organisation to attend such
meeting in the member’s stead and such person shall be deemed to
be a member for the purpose of such meeting.
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Zambia Tourism Board [No. 24 of 2007 473
(8) The Board may invite any person, whose presence is, in
its opinion desirable, to attend and to participate in the deliberations
of a meeting of the Board but such person shall have no vote.
(9) The Board shall cause to be kept minutes of the proceedings
of every meeting of the Board and of every meeting of any
committee appointed by the Board.
(10) The validity of any proceedings, act or decision shall not
be affected by—
(a) any vacancy in the membership of the Board;
(10) The validity of any proceedings, act or decision shall not
be affected by—
(a) any vacancy in the membership of the Board;
(b) any defect in the appointment of any member; or
(c) by reason that any person not entitled so to do, took part
in the proceedings.
12. (1) The Board may for the purpose of performing its Committees
functions appoint such other committees, as it may consider
necessary.
(2) The Board may delegate to a committee such functions,
as it may consider necessary.
(3) A member shall preside at a meeting of a committee.
(4) The Board may appoint, as a member of a committee,
persons who are not members and those person shall hold office
for such a period as the Board may determine.
may appoint, as a member of a committee,
persons who are not members and those person shall hold office
for such a period as the Board may determine.
13. (1) If a member or person is present at a meeting of the Disclosure
Board or any committee of the Board at which any matter in which of
that person or that person’s spouse is directly interested in a private interest
capacity, is the subject of consideration, that member or person
shall, as soon as is practicable, after the commencement of the
meeting, disclose that interest and shall not unless the Board
otherwise directs, take part in any consideration of, or discussion
of or vote on that matter.
(2) A declaration of interest made under this section shall be
recorded in the minutes of the meeting at which it was made.
14. A member of the Board or any committee of the Board Allowances
shall be paid such allowance as the Board may, with the approval
of the Minister, determine.
ard or any committee of the Board Allowances
shall be paid such allowance as the Board may, with the approval
of the Minister, determine.
15. (1) A person shall not without the consent in writing given Prohibition
by, or on behalf of, the Board, publish or disclose to any person of
other than in the course of duties, the contents of any document, publication
communication or information which relates to, and which has come or
to the person’s knowledge in the course of the person’s duties disclosure of
under this Act. information
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474 [No. 24 of 2007 Zambia Tourism Board
information
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Sure, here is the transcription:
474 [No. 24 of 2007 Zambia Tourism Board
(2) Any person who knowingly contravenes the provisions of
subsection (1) commits an offence and shall be liable, on conviction
to a fine not exceeding ten thousand penalty units or to imprisonment
for a term not exceeding three months, or to both.
Prohibition
of use of
name
15A. (1) A person shall not in the course of trade or business
and for the purpose of promoting the sale of services or products,
use the name "Zambia Tourism Board" or any business name
which includes the words "Tourism Board" or so closely resembles
the name "Zambia Tourism Board" as to give the public the
impression that that trade or business is conducted by, or on behalf
of the Board, or with the consent or approval of the Board.
(2) Any person who contravenes subsection (1) commits an
offence and shall be liable on conviction to a fine not exceeding
two hundred thousand penalty units or to imprisonment for a term
not exceeding three years, or to both
PART III
FINANCIAL PROVISIONS
its or to imprisonment for a term
not exceeding three years, or to both
PART III
FINANCIAL PROVISIONS
(2) Any person who knowingly contravenes the provisions of
subsection (1) commits an offence and shall be liable, on conviction
to a fine not exceeding ten thousand penalty units or to imprisonment
for a term not exceeding three months, or to both.
Prohibition
of use of
name
15A. (1) A person shall not in the course of trade or business
and for the purpose of promoting the sale of services or products,
use the name "Zambia Tourism Board" or any business name
which includes the words "Tourism Board" or so closely resembles
the name "Zambia Tourism Board" as to give the public the
impression that that trade or business is conducted by, or on behalf
of the Board, or with the consent or approval of the Board.
(2) Any person who contravenes subsection (1) commits an
offence and shall be liable on conviction to a fine not exceeding
two hundred thousand penalty units or to imprisonment for a term
not exceeding three years, or to both
PART III
FINANCIAL PROVISIONS Funds of
Board 16.
a term
not exceeding three years, or to both
PART III
FINANCIAL PROVISIONS Funds of
Board 16.
(1) The funds of the Board shall consist of such moneys as
may-
(a) be appropriated by Parliament for the purpose of the
Board;
(b) be paid to the Board by way of loans, grants or donations;
or
(c ) vest in or accrue to the Board. (2) The Board may—
(a) subject to the approval of the Minister, accept money by
way of grants or donations from any source within or
outside Zambia ; and
(b) subject to the approval of the Minister, raise by way of
loans or otherwise, such moneys as it may require for
the discharge of its functions; and
(c ) charge and collect fees for services provided by, or
activities organised by, the Board.
ts functions; and
(c ) charge and collect fees for services provided by, or
activities organised by, the Board.
(3) There shall be paid from the funds of the Board
(a) the salaries, allowances, loans, gratuities and pensions of
staff of the Board and other payments for the
recruitment and retention of staff;
(b) such reasonable travelling and subsistence allowances
for members or for members of any committee of the
Board when engaged in the business of the Board, at
such rates as the Board may, with the approval of the
Minister, determine; and
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Zambia Tourism Board [No. 24 of 2007 475
(c) any other expenses incurred by the Board in the
performance of its functions.
17. The Board may invest in such manner as it considers
appropriate, any of the Board’s funds, which it does not immediately
require for the performance of it functions.
18. The financial year of the Board shall be a period of twelve
months ending on the 31st December, in each year.
19. (1) The Board shall cause to be kept proper books of
accounts and other records relating to the Board’s accounts.
st December, in each year.
19. (1) The Board shall cause to be kept proper books of
accounts and other records relating to the Board’s accounts.
(2) The accounts of the Board shall be audited annually by
independent auditors appointed by the Board, subject to the approval
of the Auditor-General.
(3) The auditor’s fees shall be paid by the Board.
20. (1) As soon as is practicable, but not later than three months
after the end of each financial year, the Board shall submit to the
Minister a report concerning its activities during such financial year.
(2) The report referred to in subsection (1) shall include
information on the financial affairs of the Board and there shall be
appended to the report—
(a) an audited balance sheet;
(b) an audited statement of income and expenditure; and
(c) such other information as the Minister may require.
(3) The Minister shall, not later than seven days after the first
sitting of the National Assembly next after the receipt of the report
referred to in subsection (1) lay it before the National Assembly.
PART IV
TRANSITIONAL AND GENERAL PROVISIONS
rt
referred to in subsection (1) lay it before the National Assembly.
PART IV
TRANSITIONAL AND GENERAL PROVISIONS
21. On or after the appointed date, reference in any written
law or any other legal document to the Managing Director shall be
read and construed as references to the Managing Director
appointed under section eight of this Act.
22. (1) On or after the appointed date, there shall be transferred
to and vest in, or subsist against, the Board by virtue of this Act
without further assurance—
(a) the affairs of the former Board; and
(b) subject to this Act, all property, rights, liabilities and
obligations which immediately before the appointed date
were the property, rights, liabilities and obligations of
the former Board.
(2) Except as provided in this Act, every deed, bond and
agreement (other than an agreement for personal service) to which
the former Board was a party immediately before the appointed
Investment
of
funds
Financial
year
Accounts
Annual
Report
References to
Managing
Director
Vesting of
assets of
former Board
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counts
Annual
Report
References to
Managing
Director
Vesting of
assets of
former Board
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476 [No. 24 of 2007 Zambia Tourism Board
date, whether in writing or not, and whether or not of such a nature
that rights, liabilities and obligations thereunder could be assigned,
shall, unless its subject-matter or terms make it impossible that it
should have effect as modified in the manner provided by this
subsection, have effect as from the date of the assignment thereof,
as if —
(a) the Board had been a party thereto;
(b) for any reference to the former Board there were
substituted, as respects anything falling to be done on or
after the appointed date, a reference to the Board; and
(c) for any reference to an employee of the former Board
not being a party thereto and beneficially interested
therein there were substituted, as respects anything
falling to be done on or after the appointed date, a
reference to such employee of the Board as the Board
shall designate.
(3) Subject to the provisions of subsection (2), documents, other
than those referred to therein, which refer specifically or generally
to the Board shall be construed in accordance with subsection (2)
as far as applicable.
ose referred to therein, which refer specifically or generally
to the Board shall be construed in accordance with subsection (2)
as far as applicable.
23. (1) Whenever in pursuance of this Act, any property, rights,
liabilities and obligations of the former Board are deemed transferred
to the Board in respect of which transfer a written law provides
for registration, the Board shall make an application in writing to
the appropriate authority for registration of the transfer.
(2) The registration authority referred to in subsection (1) shall
make such entries in the appropriate register as shall give effect to
such transfer and, where applicable, issue to the transferee
concerned a certificate of title in respect of the property or make
necessary amendments to the register, as the case may be, and
shall make endorsement on the deeds relating to the title, right or
obligation concerned, and no registration fees, stamp duty or other
duties shall be payable in respect thereof.
Legal
proceedings
er
duties shall be payable in respect thereof.
Legal
proceedings
24. (1) Without prejudice to the other provisions of this Act,
where any right, liability or obligation vests in the Board by virtue
of this Act, the Board and all other persons shall, as from the
commencement of this Act, have the same rights, powers and
remedies (and in particular the same rights as to the instituting and
defending of legal proceedings or the making or resisting of
applications to any authority) for ascertaining, perfecting that right,
liability or obligation as they would have had if it had at all times
been a right, liability or obligation of the Board.
(2) Any legal proceedings or application of any authority
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Zambia Tourism Board [No. 24 of 2007 477
pending immediately before the commencement of this Act by or
against the former Board may be continued by or against the Board.
(3) After the commencement of this Act, proceedings in
respect of any right, liability or obligation which was vested in,
held, enjoyed, incurred or suffered by the former Board may be
instituted by or against the Board.
right, liability or obligation which was vested in,
held, enjoyed, incurred or suffered by the former Board may be
instituted by or against the Board.
25. (1) On or after the appointed date, the Board shall on such
terms and conditions as it may, with the approval of the Minister,
determine appoint as employees of the Board such employees of
the former Board as may be necessary for the performance of the
functions of the Board.
(2) Where an employee of the former Board is appointed to
the service of the Board—
Terms of
service of
employees
of
Board
(a) the terms and conditions of service with the Board shall
not be less favourable than those the employee enjoyed
in the service of the former Board; and
(b) the employee’s employment shall be deemed to have
terminated in accordance with the terms and conditions
of service of the former Board.
(3) On or after the appointed date the service of the employees
of the former Board who are not engaged by the Board shall be
terminated in accordance with the applicable terms and conditions
of the former Board as respects termination of employment.
26. (1) The Minister may, on the recommendation of the Board,
by statutory instrument, make regulations for the better carrying Regulations
out of the provisions of this Act.
recommendation of the Board,
by statutory instrument, make regulations for the better carrying Regulations
out of the provisions of this Act.
(2) Without prejudice to the generality of subsection (1),
regulations made under that subsection may—
(a) provide for the means by which tourism may be promoted
and marketed effectively; and
(b) prescribe anything which is required to be prescribed under
this Act.
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