This Act was repealed on 2008-12-31 by Tourism Act, 2008.
Hotels Act
Tanzania
Hotels Act
Chapter 105
- Published in Tanzania Government Gazette
- Commenced on 1 October 1965
- [This is the version of this document at 31 July 2002.]
- [Note: This legislation was revised and consolidated as at 31 July 2002 and 30 November 2019 by the Attorney General's Office, in compliance with the Laws Revision Act No. 7 of 1994, the Revised Laws and Annual Revision Act (Chapter 356 (R.L.)), and the Interpretation of Laws and General Clauses Act No. 30 of 1972. All subsequent amendments have been researched and applied by Laws.Africa for TANZLII.]
- [Repealed by Tourism Act, 2008 (Act 3 of 2008) on 31 December 2008]
Part I – Preliminary provisions (ss. 1-2)
1. Short title
This Act may be cited as the Hotels Act.2. Interpretation
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
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
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—10. Licences
11. Conditions for issue or renewal of licences
No licence under section 10 shall be issued or renewed by a Board unless the applicant satisfies the Board—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
Every hotel-keeper shall cause a notice in the form set out in the Schedule to this Act and printed in plain type in the Swahili and English languages, to be conspicuously displayed at a place where it can conveniently be read by his guests at or near the reception office or desk or, where there is no reception office or desk, at or near the main entrance to the hotel; and he shall be entitled to the benefit of section 15 in respect of property brought to his hotel only while the notice is so displayed.17. Hotel-keeper's right of sale
18. Register of guests
Every hotel-keeper shall keep in his hotel a register which shall contain the name and address of every guest who lodges at the hotel and any other particulars as may be prescribed:Provided that where a visitor's book is kept in an hotel pursuant to the provisions of section 15 of the Intoxicating Liquors Act 1 such book shall be deemed to be a register kept under the provisions of this section.19. Power of inspection
Any member of a Board, or any person authorised in writing by a Board for the purpose, may at all reasonable times enter upon any hotel or any part of it, within the area for which that Board has been appointed, for the purpose of inspecting that hotel or any part of it, the furniture and equipment of it or the register of guests kept in it:Provided that nothing in this section shall authorise entry into any bedroom without the prior permission of the occupier of it for the time being.20. Offences and penalties
21. Liability of hotel-keeper for acts of agents
Any hotel-keeper who employs in his hotel any agent, clerk, servant or other person shall be answerable for the acts and omissions of such agent, clerk, servant or other person in so far as such acts or omissions concern the business of such hotel-keeper; and if such agent, clerk, servant or other person commits any act or makes any omission which is an offence against the provisions of this Act, or which would be an offence if committed or made by the hotel-keeper, that hotel-keeper and his agent, clerk, servant or other person shall be jointly and severally guilty of the offence and liable to the penalties provided by this Act.22. Regulations
23. Repeal of R.L. Cap. 319
[Repeals the Control of Hotels Ordinance with savings of licences existing on the date of coming into force of this Act.]Part III – Hotels levy (ss. 24-40)
[1st August, 1972; Act No. 23 of 1972]24. Interpretation
In this Part, unless the context requires otherwise—"Commissioner" means the Permanent Secretary to the Treasury and includes any person to whom the Permanent Secretary to the Treasury has, by writing under his hand, delegated all or any of his functions under this Act;"day" means a period of twenty-four hours commencing immediately after midnight on any day and expiring at midnight on the following day;"guest" means any person who, in return for a payment of a sum of money (whether the payment is made by that person or any other person), occupies or reserves for occupation hotel accommodation in an hotel for a day or part of a day;"hotel levy" or "levy" means the hotel levy payable under section 26 or section 29;"owner" means the owner of an hotel and includes any person in charge of the management of the hotel and any employee or other person responsible for the collection from the guests of the charges due from them in respect of their stay in the hotel.25. Exemption
The Minister may, by order published in the Gazette exempt—26. Imposition of levy
27. Exemption of VAT registered person
No hotel levy shall, on the coming into operation of the Value Added Tax Act, 1997, be charged on any person who or body of persons which has been registered under Part IV of the VAT Act.[s. 26A]28. Determination of hotel charges
29. Levy where owner supplies at least two meals
30. Inspection by Commissioner
The Commissioner may, for the purposes of ensuring that the provisions of this Act and of the regulations made under it have been complied with, at any reasonable hour enter any hotel and inspect the register of guests maintained there and any of the books of accounts and documents relating to the number of guests accommodated at the hotel during any period, the number of days each such guest was so accommodated and the hotel charges paid by each guest, and may seize any register, book or document and retain the same until produced as evidence in any court or if not so produced, for a period not exceeding sixty days.[s. 29]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
Where any offence under any regulations made under this Act is committed by a body corporate then, as well as the body corporate, any person who, at the time of the commission of the offence was concerned, as a director or an officer, with the management of the affairs of that body corporate commits the offence and shall be liable to be proceeded against and punished accordingly, unless he proves to the satisfaction of the court that he had no knowledge and could not by the exercise of reasonable diligence have had knowledge of the commission of the offence.[s. 33]37. Liability of employer or principal
Where any offence under any regulations made under this Act is committed by a person as an agent or employee then, as well as the agent or employee, the principal or employer commits the offence and shall be liable to be proceeded against and punished accordingly unless he proves to the satisfaction of the Court that he had no knowledge, and could not by the exercise of reasonable diligence have had knowledge, of the commission of the offence.[s. 34]38. Commissioner may compound offence
39. Regulations
40. Repeal of R.L. Cap. 475
[Repeals the Hotel Accommodation (Imposition of Levy) Act.]History of this document
31 December 2008
Repealed by
Tourism Act, 2008
31 July 2002 this version
Consolidation
01 October 1965
Commenced
Cited documents 3
Act 3
1. | Criminal Procedure Act | 7953 citations |
2. | Intoxicating Liquors Act | 31 citations |
3. | Veterinary Surgeons Act | 4 citations |
Documents citing this one 15
Judgment 6
Act 4
1. | Income Tax Act | 202 citations |
2. | Value Added Tax Act | 67 citations |
3. | Local Government (Urban Authorities) Act, 1982 | 54 citations |
4. | Production Development Funds Act | 2 citations |
Gazette 2
1. | Tanzania Government Gazette dated 1965-10-01 number 40 | |
2. | Tanzania Government Gazette dated 1969-02-28 number 10 |
Government Notice 2
1. | Hotel Levy Regulations, 1972 | 1 citation |
2. | Public Prosecutors (Appointment) Notice, 1943 |
Law Reform Report 1
1. | Legal Framework of the Tourism Industry |
Subsidiary legislation
Title
|
|
---|---|
Hotel Regulations, 1982 | Government Notice 55 of 1982 |
Hotel Levy (Exemption) Order, 1972 | Government Notice 193 of 1972 |
Hotel Levy Regulations, 1972 | Government Notice 186 of 1972 |