(2022)
SECTION 1
(1) The objectives of the Institute are to-
(a) educate, train, certify and register personnel in the field of hospitality, travel, tourism and equip practitioners in the industry to cope with the dynamics in the field of tourism;
(b) develop basic intermediate and advanced skills to upgrade personnel in the hospitality, travel and tourism industry;
(c) maximise the gains of the industry to the economy of Nigeria and develop a human resource base for Nigeria, Africa and the world; and
(d) certify and register qualified personnel in the hospitality, travel and tourism sector in an approved register.
Objectives of the institute.
SECTION 2
This Act applies throughout the Federal Republic of Nigeria.
Application.
SECTION 3
(1) There is established the National Institute for Hospitality and Tourism (in this Act referred to as “the Institute”).
(2) The Institute-
(a) is a body corporate with perpetual succession and a common seal; and
(b) may sue or be sued in its corporate name.
(3) The Institute may acquire, own, hold, purchase, dispose, mortgage and deal with property, movable or immovable, real or personal, in its corporate name.
(4) This Act establishes a bench mark, subject to the provisions of the Constitution of the Federal Republic of Nigeria 1999 or any other Act enacted by the National Assembly, for the training, certification and registration of hospitality and tourism personnel in Nigeria.
(5) The Institute shall be in Abuja, Nigeria and may have campuses in any part of Nigeria for the purpose of performing its functions under this Act.
Establishment of National Institute for Hospitality and Tourism.
SECTION 4
The Institute shall-
(a) provide full-time and part-time courses of instruction, professional, technical and specialised training in hospitality, travel and tourism;
(b) provide managerial and supervisory training in the hospitality, travel and tourism industry;
(c) operate as a Sector Skills Board (SSC) and training provider for the delivery of National Vocational Qualifications (NVQs) in Nigeria subject to extant laws;
(d) cooperate with the Standards Organisation of Nigeria and relevant bodies in updating internationally certified personnel of the hospitality, travel and tourism industry in Nigeria;
(e) determine the standard of knowledge, content and skills to be attained by persons seeking to become members of the hospitality, travel and tourism profession and review the standard;
(f) maintain a register of fellows, associates and registered members entitled to practice as hospitality, travel and tourism professionals in Nigeria and publish list of those persons;
(g) cooperate with relevant bodies in developing and updating the national training curriculum for all levels of personnel in the hospitality, travel and tourism industry by — (i) organising and facilitating staff development programmes and supervisors in approved educational institutions and the hospitality, travel and tourism industry such as study courses, conferences, lectures, workshops, seminars in the industry, and (ii) issuing certificates of merit and attendance to successful participants in the courses and trainings;
(h) provide consultancy services in hospitality, travel and tourism industry and accept national and international reputable consultants to the Institute;
(i) provide training for trainers in the hospitality, travel and tourism industry;
(j) award certificates and diplomas as appropriate;
(k) establish and maintain a library for research on hospitality, travel and tourism and matters connected with the industry;
(l) undertake and provide for the publication of journals, research papers, books and magazines on hospitality, travel and tourism;
(m) provide a forum at which representatives of both public and organised private practitioners and proprietors of institutions in the hospitality and tourism industry meet to exchange ideas and information on developments in the hospitality and tourism industry;
(n) organise seminars and workshops on tourism, hospitality and travel trade practices for the purpose of quality control;
(o) ensure that all practitioners in the hospitality, travel and tourism sub-sectors are certified by the Institute in order to ensure a common standard;
(p) affiliate with any university or tertiary institution to offer programmes in hospitality, travel and tourism;
(q) source for funds and technical assistance to perform its functions and activities and carry out programmes as provided in this Act;
(r) in conjunction with any professional body, government or organisation, perform its functions and activities and carry out programmes as provided in this Act;
(s) enter into contracts that may be necessary and expedient for carrying into effect the provisions of this Act;
(t) acquire and hold such movable and immovable property that may be necessary or expedient for carrying into effect the provisions of this Act and, for the same purpose, sell, lease, mortgage, allocate or dispose of any property;
(u) establish such faculties, institutes, schools, extra-mural departments and other teaching and research units throughout Nigeria as may be necessary, subject to the approval of the Board, for effective education, training and administrative convenience of the Institute; and
(v) carry out such activities as are necessary or expedient for the performance of its functions under this Act.
Functions of the Institute.
SECTION 5
(1) The Institute may, in addition to any other power provided under this Act-
(a) set conditions and standards for institutions or organisations offering courses in hospitality, travel and tourism management or skill in Nigeria;
(b) approve programmes or courses of training for institutions or organisations offering courses in hospitality, travel and tourism management or skill in Nigeria;
(c) assess and grade personnel and quality of services rendered by a practitioner or organisation in the hospitality, travel and tourism industry in Nigeria;
(d) impose subscriptions, fees, levies, penalties and other charges for services rendered to private individuals, corporate bodies, institutions, organisations and groups;
(e) assess relevant records, documents and training equipment or materials of any institution, tourism or hospitality personnel to which this Act applies for the purpose of inspection, investigation or grading;
(f) require a person in apparent control of any hospitality, travel, tourism and training school to furnish the Institute with such information on any aspect of the school’s operation as may appear necessary to enable the Institute perform its functions under this Act;
(g) establish and maintain subsidiaries either by itself or in collaboration with other government organisations, or persons to enhance the attainment of the functions of the Institute;
(h) regulate travel, tourism and hospitality personnel and services of the institutions and establishments specified in the Second Schedule to this Act; and
(i) do such other things as are necessary for the efficient performance of the functions of the Institute.
(2) The Institute may award diplomas and certificates in accordance with the relevant academic standards prescribed by the Board.
(3) For the purpose of carrying out the objectives listed under section 1, the Institute shall-
(a) institute lectureship or other posts, establish offices and make appointments as may be considered appropriate;
(b) institute and award fellowships, scholarships, exhibitions, bursaries, medals, prizes, distinctions, awards and other forms of recognition or title;
(c) be responsible for the discipline and welfare of members of the Institute in accordance with the Public Service Rules, 2008;
(d) conduct examinations, award diplomas, certificates and other distinctions to persons pursuing courses of studies that have been approved and have satisfied the requirements prescribed by the Institute;
(e) conduct research in relevant fields of learning and other human endeavours;
(f) determine the standard of knowledge including content and skill to be attained by persons seeking to become members of the profession and review such standards, from time to time;
(g) determine course content for the courses in hospitality, travel and tourism in the Institute;
(h) formulate, publish and review the code of conduct, ethics and practice in the Institute;
(i) erect, provide, equip and maintain libraries, laboratories, lecture halls, halls of residence, refectories, sports grounds, playing fields and other buildings as are necessary for the carrying out of the objects of the Institute;
(j) train, certify and register all personnel engaged in hospitality, travel and tourism training in the Institute; and
(k) set mandatory registration fees and collection of fees by the Institute or its agents.
Powers of the Institute.
SECTION 6
There is established a Governing Board for the Institute (in this Act referred to as “the Board”) which shall initiate, approve and provide the general policy guidelines for the administration of the Institute.
Establishment of the Governing Board.
SECTION 7
The Board Shall Consist of-
(a) a Chairman who shall- (i) hold at least a first degree or its equivalent in hospitality, and (ii) be a tourism practitioner with at least 15 years post qualification experience;
(b) a representative each not below the rank of a Director or its equivalent from the — (i) Federal Ministry of Culture and Tourism, (ii) Federal Ministry of Education, (iii) National Board for Technical Education, and (iv) National Directorate of Employment;
(c) a representative each of the- (i) Center for Management Development, (ii) Tertiary Education Trust Fund, (iii) Hotel and Personal Services Employers Association of Nigeria, and (iv) Federation of Tourism Association of Nigeria;
(d) the Director-General of the Institute; and
(e) the Director-General, Nigerian Tourism Development Corporation (NTDC).
Membership of the Board.
SECTION 8
(1) The Chairman and other members of the Board-
(a) shall be appointed by the President on the recommendation of the Minister;
(b) shall hold office on part time basis for a term of three years; and
(c) may be eligible for re-appointment, on satisfactory performance, for a further term of three years and no more.
(2) The office of the Chairman or a member of the Board shall become vacant where-
(a) his term of office expires;
(b) he resigns his appointment as a member of the Board by a notice in writing signed by him and addressed to the President; or
(c) he dies.
(3) The President may, on the recommendation of the Minister, remove the Chairman or a member of the Board where-
(a) he has been absent from the meetings of the Board for four consecutive times without permission;
(b) he is incapable of discharging his duties due to mental or physical infirmity;
(c) he has been declared bankrupt or makes compromise with his creditors;
(d) he is guilty of gross misconduct relating to his duties;
(e) the President is satisfied that it is not in the interest of the Board or of the public for the person to continue in office; or
(f) in the case of an ex-officio member, he ceases to hold the office on the basis of which he became a member of the Board.
(4) Where a vacancy occurs in the membership of the Board, the President shall appoint a successor to hold office for the remainder of the term of office of his predecessor, and the successor shall represent the same interest as that member whose exit created the vacancy.
(5) The Board may invite any person to attend and participate at any of its meetings provided that a person so invited will only be in attendance and shall not count towards the quorum or vote at the meeting.
(6) The provisions of the First Schedule shall have effect with respect to the proceedings of the Board and other matters mentioned in the Schedule.
Appointment and tenure of members of the Board.
SECTION 9
The Board shall-
(a) set administrative policies in accordance with government policy directives and supervise the policy, finances and property of the Institute;
(b) promote and discipline staff of the Institute on the advice of the management of the Institute;
(c) consider and approve the Institute’s annual budget or estimates, external auditor’s report and any variation therein;
(d) approve the rules and regulations of the Institute as may be required under this Act;
(e) ensure that income and expenditure account of the Institute are kept and audited annually by auditors appointed by the Board;
(f) approve the academic programmes and curricula of the Institute, plan of activities, programme of studies, research to be undertaken by the Institute and regulatory operations of the Institute;
(g) exercise all such powers conferred on the Board under this Act, directive of the Minister or the regulations of the Institute; and
(h) carry out such other activities as are necessary or expedient for the performance of any of the functions of the Board under this Act.
Functions and powers of the Board.
SECTION 10
(1) The Board may, subject to such conditions as it may deem fit, delegate any of the powers conferred on it to any of its committees or the Director- General of the Institute.
(2) Nothing in this section prevents a committee of the Board or the Director- General from exercising any of the powers so delegated within reasonable limits except where reversed by the Board.
Delegation of powers of the Board.
SECTION 11
Remuneration.
SECTION 12
(1) There shall be a Director-General for the Institute who is appointed by the President on the recommendation of the Minister.
(2) The Director-General shall-
(a) be a person of proven ability and integrity;
(b) possess at least a B.sc Degree, HND or its equivalent; and
(c) possess at least 12 years post qualification experience in the relevant industry.
(3) The Director-General shall hold office-
(a) for a term of four years in the first instance and may be reappointed for a further term of four years and no more; and
(b) on such other terms and conditions as may be specified in his letter of appointment.
(4) The Director-General is the chief executive and accounting officer of the Institute and is responsible for the-
(a) management and administration of the Institute;
(b) execution of the policies and programmes of the Institute;
(c) organisation, control and management of the affairs of the Institute;
(d) implementation of the functions of the Institute and ensuring that it achieves its goals;
(e) direction, supervision and control of employees of the Institute;
(f) promotion of research within the Institute;
(g) maintenance of accounting records in accordance with applicable laws governing statutory bodies and generally accepted international and accounting standards; and
(h) performance of such other functions and duties as may be directed by the Board.
(5) The Director-General shall supervise the keeping and maintaining of register of hospitality and tourism practitioners under this Act.
(6) The office of the Director-General becomes vacant where-
(a) his term of office expires;
(b) he resigns his appointment as Director-General by a notice in writing signed by him and addressed to the President; or
(c) he dies.
(7) The President may, on the recommendation of the Minister, remove the Director-General from office where-
(a) he has been absent from the meetings of the Board for four consecutive times without permission;
(b) he is incapable of discharging his duties due to mental or physical infirmity;
(c) he has been declared bankrupt or he makes compromise with his creditors;
(d) he has been convicted of a felony or any offence involving fraud or dishonesty;
(e) he is guilty of gross misconduct relating to his duties; or
(f) the President is satisfied that it is not in the interest of the Board or public for the person to continue in office.
Appointment, tenure and duties of Director-General.
SECTION 13
(1) There shall be for the Institute a Legal Adviser who is appointed by the Board.
(2) The Legal Adviser shall-
(a) be a Legal Practitioner who has been so qualified for a period of at least 10 years and a staff of the Institute;
(b) be the Secretary to the Board and the Legal Adviser to the Institute;
(c) conduct the correspondence of the Board and arrange the meetings of the Board; and
(d) conduct the correspondence of the Board and arrange the meetings of the Board; and
Legal Adviser to the Institute.
SECTION 14
(1) The Institute shall, with the approval of the Board, appoint, designate or cause to be deployed, directly or on secondment from any public or private body, such number and category of staff as it may require to assist it in the effective discharge of its duties and functions under this Act.
(2) The Board shall be responsible for determining the job description, title, terms and qualifications of staff.
(3) Salaries, including allowances of the employees of the Institute shall be determined by the National Income, Salaries and Wages Commission.
(4) The Board shall make rules relating generally to the conditions of service of staff of the Institute, including rules providing for the appointment, promotion, advancement, determination of appointment, and disciplinary control of those employees.
Other staff of the Institute.
SECTION 15
(1) The Institute may set up departments, special units, technical committees, four working groups and task forces to assist it in the performance of its functions under this Act and may make changes to its structure, with the approval of the Board.
(2) There shall be appointed for each of the departments and special units, a principal officer who shall be known by such designation as the Institute may determine.
Departments, special units and committees.
SECTION 16
(1) Service in the Institute shall be public service for the purpose of the Pension Reform Act and, officers and other staff of the Institute are, in respect of their service in the Institute, entitled to pension, severance and other retirement benefits in conformity with provisions of the Pension Reform Act.
(2) Notwithstanding the provisions of subsection (1), nothing in this Act prevents the appointment of a person to any office on terms which preclude the grant of pension and retirement benefits in respect of that office.
(3) For the purpose of the application of the provisions of the Pension Reform Act, any power exercisable by a Minister or other authority of the Government of the Federation is vested in, and exercisable by, the Board.
Service in the Institute is pensionable.
SECTION 17
The Institute may establish campuses in any part of Nigeria, subject to the approval of the Board, for the performance of its functions under this Act.
Campuses of the institute.
SECTION 18
The Institute may cooperate with relevant organisations and authorities involved in hospitality and tourism related issues in the performance of its functions under this Act.
Cooperation with other bodies.
SECTION 19
In exercising, performing and discharging the powers, functions and duties conferred on it under this Act, the Institute may appoint, contract, liaise or co-operate with experts, including specialised agencies, resource persons, academic and technical institutes or advisory committees, in order to assist it in performing or discharging its functions or duties under this Act.
Appointment of experts.
SECTION 20
(1) There is established for the Institute a fund (“the Fund”) which shall consist of-
(a) budgetary allocations, grants and annual subventions received from the Government of the Federation;
(b) all money held immediately before the commencement of this Act by the National Institute for Hospitality and Tourism;
(c) all money raised for the Institute by way of gifts, loans, endowment, grants-in-aids, testamentary disposition, bequest or other voluntary contributions from philanthropic organisations or persons, if the terms and conditions attached are not inconsistent with the functions of the Institute;
(d) charges, fees and other sums collected or received for services rendered by the Institute; and
(e) all other funds which may accrue to the Institute.
(2) Subject to the provisions of the Constitution of the Federal Republic of Nigeria, 1999, the Fund of the Institute shall be managed in accordance with Financial Regulations applicable in the Public Service of the Federation.
(3) The Institute may apply the Fund-
(a) to pay the costs of administration, charges and expenses of the Institute;
(b) to discharge the cost of maintaining the head office and other campuses of the Institute and for the development and maintenance of any property vested in or owned by the Institute;
(c) for the payment of allowances and other benefits of members of the Board or any committee set up by it;
(d) for the payment of emoluments, allowances, benefits and other entitlements of the Director-General and other staff of the Institute;
(e) for the payment of all purchases made by the Institute and the training of members of its staff, including the provision of scholarships, bursaries and awards for specialised training of members of staff of the Institute;
(f) for the payments required to publicise and promote the activities of the Institute;
(g) for the payment to various stakeholders involved in the activities of the Institute;
(h) for counterpart payments, annual and other subscriptions and contributions for the support of national and international professional organisations, including international exchange programmes;
(i) for maintaining general financial reserves subject to general or specific directives that may be given by the Minister;
(j) for the payment of all consultancies, legal fees, judgment debts and costs of contracts awarded by the Board; and
(k) for any other expenditure, as may be approved by the Board in connection with all or any of its functions and powers under this Act.
Funds of the institute.
SECTION 21
(1) The Institute may invest any or all money in its Fund, not immediately required for its current expenditure, in-
(a) any security created or issued by or on behalf of the Federal Government, as may be approved by the Board;
(b) the purchase or improvement of any land in any part of the Federation; or
(c) any venture in Nigeria as may be approved by the Minister, including investment in stocks quoted at the Nigerian Stock Exchange.
(2) In the exercise of its powers of investment of its Fund under subsection (1), the Institute may vary such investments in line with extant government regulations.
Investment of the Fund of the Institute.
SECTION 22
The Institute may, with the approval of the Minister, engage in the establishment of staff housing scheme.
Establishment of housing scheme.
SECTION 23
(1) The Institute shall submit to the Minister an estimate of its expenditure and income for the next financial year.
(2) Notwithstanding the provisions of subsection (1), the Institute may, where necessary due to unforeseen circumstances, submit supplementary or adjusted statements of estimated income and expenditure to the Minister for onward transmission to the National Assembly for approval.
Annual estimate of income and expenditure.
SECTION 24
(1) The Institute shall-
(a) keep proper and regular accounts and other records of money received and paid by the Institute and for other purposes for which money has been received or paid, and of its assets, credits and liabilities in respect of each year; and
(b) cause its accounts to be audited on or before 31st March of the following year to which the accounts relate, by a firm of auditors appointed from the approved list of auditors, and in accordance with guidelines supplied by the Auditor-General for the Federation.
(2) The Institute shall do all things necessary to ensure that all payments of its funds and bank account are correctly made and properly authorised and that adequate control is maintained over its assets.
(3) As soon as the accounts and the financial statements of the Institute have been audited in accordance with the requirement of this Act, the Institute shall forward a copy of the audited financial statements to the Minister together with any report or observations made by the auditors and the Auditor-General for the Federation on the statement of accounts.
(4) The remuneration of the auditor shall be paid out of the Fund of the Institute.
Accounts, records and audit.
SECTION 25
The Institute Shall-
(a) not later than 31st July of each year, prepare and submit to the Minister and the Auditor-General for the Federation, a report in such form as the Minister may direct on the activities and administration of the Institute during the immediate preceding year; and
(b) include in the report a copy of the audited accounts of the Institute for the year and Auditor-General’s report.
Annual reports.
SECTION 26
The Institute may, with the approval of the Minister, borrow such sums by way of loan, overdraft or from any other source, as may be required for the performance of its functions and meeting its obligations under this Act, and any interest payable on money so borrowed shall be paid out of the Fund of the Institute.
Borrowing power.
SECTION 27
(1) The Institute may accept gifts of land, money, books, vehicles, equipment or other property from within or outside Nigeria upon such terms and conditions, if any, as may be specified by the person or organisation making the gift.
(2) The Institute shall not accept any gift if the conditions attached by the person or organisation making the gift are inconsistent with the objectives and functions of the Institute under this Act.
Power to accept gifts.
SECTION 28
(1) A registered hospitality, travel and tourism personnel is entitled to practise in any part of Nigeria provided he is licensed to practise.
(2) Subject to the relevant provisions of this Act, a person is entitled to be enrolled or registered as a certified registered travel, tourism or hospitality personnel where he-
(a) passes the qualifying examination for membership conducted by the Institute and other similar institutes both within and outside Nigeria and completes the prescribed practical training;
(b) holds a qualification granted outside Nigeria which is, for the time being, accepted by the Institute;
(c) has paid the prescribed registration fees; and
(d) satisfies the Board that he has had sufficient practical experience as a travel, tourism or hospitality practitioner, if the Board so requires
(3) An applicant for registration shall, in addition to evidence of qualification, satisfy the Institute and the Board that he-
(a) is of good character; and
(b) has attained the age of 18 years.
(4) The Institute may, in its discretion, provisionally accept a qualification produced in respect of an application for registration under this section, or direct that the application be renewed within such period as may be specified in the direction.
(5) Any entry directed to be made in the register under subsection (3) shall show that registration is provisional, and no entry so made shall be converted to full registration without the written consent of the Board.
(6) The Institute shall, subject to the approval of the Board, publish, in the Federal Government Gazette, particulars of qualifications for the time being acceptable for registration as hospitality, travel and tourism personnel.
Registration of hospitality, travel and tourism personnel.
SECTION 29
(1) A person admitted to membership of the profession in Nigeria under the provisions of this Act may be registered as a-
(a) provisional member; or
(b) member.
(2) A person is entitled to be enrolled as a provisional member where he-
(a) has submitted a written application in the form prescribed by the Institute and has paid the prescribed registration fee;
(b) has completed a minimum of equivalent of NVQ level one;
(c) has sworn to the hospitality and tourism oath;
(d) is of good character;
(e) has not been convicted in Nigeria or elsewhere of any criminal offence involving fraud or dishonesty; and
(f) meets any other requirement for registration as a provisional member of the profession as may be prescribed by the Institute.
(3) A person is entitled to be registered as a member of the profession where, in addition to holding the qualifications and satisfying all the conditions set out in subsection (2), he-
(a) has submitted a written application in the form prescribed by the Institute and paid the prescribed fee for his registration;
(b) has a minimum of equivalent of NVQ level three;
(c) has completed the statutory continuous internship training for one year in an institution approved by the Institute and has obtained a certificate of experience in that regard from the approved institution; and
(d) meets any other requirement for registration as a member of the profession as may be prescribed by the Institute.
Registration of provisional member or member.
SECTION 30
A Nigerian citizen who qualifies as hospitality, travel and tourism practitioner in an approved institution outside Nigeria shall be registered under this Act, where he-
(a) holds a qualification in a recognised field in hospitality, travel and tourism awarded by an approved or recognised institution outside Nigeria which qualification, for the time being, is acceptable to the Board for the purposes of this Act;
(b) holds a certificate of registration as a practitioner acceptable to the Board;
(c) has completed, in Nigeria, the statutory internship course of training and obtained certificate specified in section 29 (2) (b) (where applicable);
(d) is of good character;
(e) has not been convicted in Nigeria or elsewhere of any criminal offence involving fraud or dishonesty;
(f) submits a duly completed application in writing in the prescribed form and paid the prescribed fee for his registration; and
(g) meets any other requirement for registration as a member of the profession as may be prescribed by the Board.
Registration of Nigerian citizen who qualifies outside Nigeria.
SECTION 31
(1) A person who is not a citizen of Nigeria may be registered as a practitioner under this Act where the country of which he is a citizen grants reciprocal registration facility to Nigerian citizens and where he —
(a) holds a requisite qualification recognised by the Institute;
(b) has passed the Institute’s examination and such other examinations as the Institute may prescribe;
(c) has acquired the requisite experience in accordance with section 29 (3) (b);
(d) has been resident in Nigeria for at least 12 calendar months immediately preceding the date of his application for registration; and
(e) meets all other requirement for registration as may be prescribed by the Institute.
(2) An applicant applying for registration under this section shall, in addition to evidence of qualification, satisfy the Institute that he-
(a) is of good character;
(b) has not been convicted in Nigeria or elsewhere of any criminal offence involving fraud or dishonesty;
(c) submits a duly completed application in writing in the prescribed form; and
(d) has paid the prescribed fee for registration.
Registration of non-Nigerian practitioners.
SECTION 32
(1) Subject to the provisions of this Act, the Institute shall make rules with respect to the form, contents, parts and procedures for keeping and making of entries in the register of hospitality and tourism practitioners under this Part.
(2) The rules made under subsection (1) shall, in particular, make provision for-
(a) regulating the making and processing of applications for enrolment of provisional members or registration of full members;
(b) notifying the Director-General of any change in those particulars by the person to whom the registered particulars relate;
(c) the procedure for the acceptance and registration of additional qualification to the earlier qualification held which is in relation to the profession;
(d) specifying the fees, including any annual subscription to be paid to the Institute in respect of— (i) entry of names in the register of hospitality, travel and tourism practitioners, and (ii) payment of annual practising fee;
(e) authorising the Director-General to refuse to enter a name in the register until the fees specified for the entry have been paid in compliance with the requirements of this Act or rules made on that behalf which are for the time being in force; and
(f) specifying any other thing not mentioned under this section which the Institute considers necessary or expedient.
Rules for keeping and maintaining register.
SECTION 33
(1) The Institute shall, under the supervision of the Director-General, cause the register of hospitality, travel and tourism practitioners to be published and put on sale, not later than two years from the commencement of this Act.
(2) In each year after the register is first published under subsection (1), the Institute shall-
(a) update and cause the updated version of the register to be published showing alterations made in the register since it was last printed; and
(b) review a current updated version of the Register every month and publish it on the Institute’s website.
(3) The Institute shall-
(a) cause a reprint of each edition of the register and of each list of corrections to be deposited at the principal offices of the Institute; and
(b) keep the register and lists of corrections so deposited available at all reasonable times for inspection by members of the public.
(4) A document purporting to be a print of an edition of the register published under this section by the authority of the Institute, or documents purporting to be prints of an edition of the register and of a list of corrections to that edition so published is, without prejudice to any other mode of proof, admissible in any proceeding as evidence that the person specified in the document or the documents read together, as being registered was so registered at the date of the edition or of the list of corrections, and that a person not so specified was not so registered.
(5) Where in accordance with subsection (4), a person is, in any proceedings shown to have been or to not have been registered at a particular date, he shall, unless the contrary is proved, be taken for the purposes of those proceedings as having at all material times continued to be or to not be so registered.
Publication of register.
SECTION 34
The Institute shall, under the supervision of the Director-General-
(a) correct any entry in the register in accordance with the Board’s directions or order of the court;
(b) make or update any necessary alteration in the register as may be necessary or expedient; and
(c) remove from the register any registered person who is dead or who has ceased to be so registered.
Correction of entries in the register.
SECTION 35
(1) Where, the Institute-
(a) sends by registered post, e-mail or other recognised means of communication to any person, a letter addressed to him at the address on the register of personnel enquiring whether the registered particulars relating to him are correct and the Institute receives no reply to the letter within a period of six months from the date of posting or sending it,
(b) considers it necessary upon the expiration of that period of six months, sends, in the like manner to the person in question, a second similar letter and receives no reply within three months from the date of posting or sending it,
(c) is satisfied that a member has been convicted for any criminal offence involving fraud or dishonesty, and
(d) dismissed a member for professional misconduct, the Institute may, remove the name and particulars of that person from the register.
(2) The Board may direct the Institute to restore to the register any name or particulars removed from the register under subsection (1).
Removal of names from the register.
SECTION 36
Where a –
(a) person provides proof to clarify that section 35 (1) (a) and (b) and the Institute is satisfied with such proof,
(b) criminal convict is granted a ministerial pardon on the recommendation of the Board,
(c) person was found guilty of misconduct that led to his dismissal on the recommendation of the Board, and
(d) person is convicted for a second criminal conviction, his name shall- (i) in the case of paragraphs (a) and (b), be re-entered, and (ii) in the case of paragraphs (c) and (d), not be re-entered, into the register.
Re-entry of names into the register after removal.
SECTION 37
(1) No person shall practise in any year unless he has paid to the Institute the appropriate practising fees prescribed by the Board which shall be due in January of each year.
(2) A person with at least 35 years post registration experience or who has attained the age of 70 years is exempted from the payment of practising fees.
(3) A registered personnel who fails to pay the prescribed practising fee by 31st day of March of every year shall, in addition to the fee, pay a fine of a sum which is equivalent to 10 per cent of the applicable fee within the year.
(4) A registered personnel who has paid his practising fee in any year as prescribed in subsection (1) or who is exempted from payment of practising fee under subsection (2), is entitled to a practising licence for that year authorising him, subject to any enactment or regulation in force applicable to him, to cany on any legitimate business relating to hospitality, travel and tourism.
(5) The Institute may vary the practising fees prescribed in subsection (1) provided that the variation of the practising fee does not come into force unless it is approved by the Board.
(6) A member who, in respect of any year, practices the profession without paying his annual practicing fee commits a misconduct and is liable-
(a) in the case of a first offender, to a fine of twice the prescribed practicing fee;
(b) in the case of a second or subsequent offender, to a fine of not less than 10 times the prescribed practising fees; and
(c) where he is in the employment of any person, the employer commits an offence and is liable in like manner as the member where it is proved that failure to pay the prescribed fees was with the knowledge, consent or connivance of the employer.
Payment of membership and practising fees.
SECTION 38
(1) The Institute shall make rules-
(a) prescribing the amount and due date for payment of the personnel practicing fees;
(b) prescribing the different amounts to be paid either as a fellow, provisional member or a registered hospitality, travel and tourism practitioner;
(c) prescribing the form of licence to practise to be issued annually or, if the Board considers fit, by endorsement on an existing licence;
(d) restricting the right to practise as a member in default of payment of the amount of the annual subscription where the default continues for longer than such period as may be prescribed by the rules; and
Rules as to membership and practising fees for.
SECTION 39
(1) There is established the Hospitality, Travel and Tourism Practitioners Investigating Panel (in this Act referred to as “the Panel”) charged with-
(a) the duty of conducting a preliminary investigation into any case where it is alleged that a member has misbehaved in his capacity as a professional hospitality, travel and tourism practitioner or should, for any other reason, be subject of proceedings before the Tribunal; and
(b) deciding whether the case should be referred to the Tribunal or not.
(2) The Panel shall be appointed by the Institute and shall consist of –
(a) one member of the Board,
(b) two director cadre staff of the Institute appointed by the Director-General;
(c) two members of the profession who are not members of the Board; and
(d) a legal officer from the Institute as Secretary to the Panel.
(3) The provisions of the Third Schedule shall, as far as applicable to the Tribunal and Panel respectively, have effect with respect to those bodies.
(4) The outcome of investigation on any serious case of infraction handled by the Panel shall be reported to the Minister.
Establishment of investigating Panel.
SECTION 40
(1) There is established a Hospitality, Travel and Tourism Practitioners Disciplinary Tribunal (in this Act referred to as “the Tribunal”), charged with the responsibility of considering and determining any case referred to it by the Panel and any other case of which the Tribunal has cognisance under the provisions of this Act.
(2) The Tribunal shall consist of the Chairman, the Director-General, one Board member and two members from the hospitality, travel and tourism practitioners as may be appointed by the Board.
Establishment of Disciplinary Tribunal.
SECTION 41
For the purposes of this section, professional misconduct or infamous conduct in a professional respect includes-
(a) divulging or revealing to unauthorised persons, a client or another practitioner’s information or the nature of professional services rendered, without the client’s express consent, or without order or direction of a court;
(b) engaging in conduct – (i) likely to deceive, defraud or harm the client or the public or demonstrating a wilful or careless disregard for the health, welfare or safety of a client or the public, or (ii) which substantially departs from the standards of care ordinarily exercised by a hospitality and tourism practitioner; or
(c) obtaining any money by fraud, misrepresentation or deception.
Meaning of professional misconduct or infamous conduct.
SECTION 42
(1) Where the Tribunal is satisfied that the name of any person has been fraudulently registered, the Tribunal may, if it considers fit, give a direction-
(a) reprimanding that person;
(b) ordering the Institute to strike out his name off the register; or
(c) requiring the person to pay a fine of not less than £4200,000.00 as may be specified in the direction.
(2) The Tribunal may, if it considers fit, defer its decision as to the giving of a direction under subsection (1) until a subsequent meeting of the Tribunal, provided that-
(a) no decision shall be deferred under this subsection for periods exceeding six months in the aggregate; and
(b) a person shall not be a member of the Tribunal for the purposes of reaching a decision which has been deferred unless he was present as a member of the Tribunal when the decision to defer the Tribunal’s decision was taken.
(3) When the Tribunal gives a direction under subsection (1), the Tribunal shall cause notice of the direction to be served on the person to whom it relates.
(4) A person to whom a direction under subsection (1) relates may, at any time within 30 days from the date of service on him of the notice of direction, appeal against the direction to the Tribunal.
(5) The Tribunal shall set up a new sitting to determine the appeal and give a direction and the direction is final and cannot be appealed.
(6) A direction of the Tribunal under subsection (1) shall take effect, where-
(a) no appeal under subsection (5) is brought against the direction within the time limited for such an appeal, on the expiration of that time; or
(b) an appeal under subsection (4) is brought against the direction, but it is withdrawn or upheld at the appeal sitting.
(7) A person whose name is struck out of a register kept under this Act under a direction of the Tribunal or whose name as a registered person is removed or suspended from the register is not entitled to be re-registered in that register, except under a direction given by the Tribunal.
Penalties for unprofessional conduct.
SECTION 43
For the purpose of section 45, a person is not treated as convicted unless-
(a) as at the time the conviction is subsisting, no appeal is pending in an appellate court; or
(b) an appeal or further appeal is brought in connection with the conviction and the appellate court upheld the conviction, provided that such notice of appeal is brought within 60 days after the date of conviction.
when a person is treated as convicted.
SECTION 44
Criminal proceedings shall not oust the jurisdiction of the Tribunal from determining any case of misconduct or infamous conduct that violates training, certification and registration of the Institute.
The jurisdiction of the Tribunal.
SECTION 45
(1) Any person who knowingly makes a false statement for the purpose of procuring enrolment, registration or admission into the Institute, commits an offence.
(2) A person who is not a registered hospitality, travel and tourism practitioner under this Act but practises as such or holds himself out as being so registered and entitled to practise in that capacity whether for reward or not, or takes or uses any name, title, addition or description implying that he is so registered and authorised by law to so practise, commits an offence under this Act.
(3) A person who commits an offence under this section is liable on conviction, in the case of-
(a) subsection (1), to a fine of at least N200,000.00 or to imprisonment for a term not more than one year or both; or
(b) subsection (2), to a fine of at least N500,000.00 or to imprisonment for a term not more than two years or both.
(4) Where any contribution or payment as required under the provisions of this Act is not paid within the time specified for that purpose, a sum equal to 5% of the amount unpaid shall be added for each month or part of the month after the date which payment should have been made and for the purpose of this subsection “contribution or payment”, includes any interest or penalty payable or imposed for non-payment or for late payment, as the case may be.
(5) Notwithstanding any other provision of this Act, a contribution or payment is recoverable by action as a debt owed to the Institute at any time from the date when the contribution or payment became due.
(6) A person who contravenes any provision of this Act for which no specific penalty was provided, commits an offence and is liable on conviction to a fine not more than N200,000.00 or imprisonment for a term not more than one year or both.
(7) Subject to section 174 of the Constitution of the Federal Republic of Nigeria, 1999 any employee of the Institute authorised in that behalf by the Board, and who is a legal practitioner, may, before any court of competent jurisdiction, conduct or defend any complaint or other proceeding arising under this Act.
General offences, penalties and legal proceedings.
SECTION 46
(1) The Federal High Court shall have the jurisdiction to hear and determine criminal and civil matters including appeals under this Act.
(2) Appeals from the Tribunal shall be heard and determined by the Federal High Court.
Jurisdiction.
SECTION 47
(1) The Institute may, with the approval of the Minister, make regulations, rules and guidelines as may be required to give effect to the provisions of this Act.
(2) Any regulation, rule or guideline made under this Act shall be published in the Federal Government Gazette.
(3) The contravention of any regulation, rule or guideline issued under this Act constitutes an offence and is punishable as prescribed in the particular regulations, rules or guidelines.
Regulations, rules and guidelines.
SECTION 48
The Minister may give directive to the Institute or through the Board, of a general character with respect to the performance of the functions of the Institute under this Act and the Institute shall comply with the directives.
Power of Minister to give directives.
SECTION 49
For the purpose of the Land Use Act which provides for the compulsory acquisition of land for overriding public interest, any requirement of land by the Institute shall be deemed to be for public purpose of the Federation.
Compulsory acquisition of land.
SECTION 50
(1) Subject to the provisions of this Act, the provisions of the Public Officers Protection Act applies to any suit instituted against the Institute, a member of the Board, Director-General, academic staff, officer or employee of the Institute.
(2) A suit shall not be commenced against the Institute before the expiration of a period of one month after a written notice of intention to commence the suit had been served on the Institute by the intending plaintiff or his agent and the notice shall clearly state the-
(a) cause of action;
(b) particulars of the claim;
(c) name and place of abode of the intending plaintiff; and
(d) relief which the plaintiff claims.
(3) The notice referred to in subsection (1) and any summons, notice or other document required or authorised to be served on the Institute under this Act or any other law may be served by-
(a) delivering it to the Director-General of the Institute; or
(b) sending it by registered post addressed to the Director-General of the Institute at the head office of the Institute.
Pre-action notice.
SECTION 51
A member of the Board, Director-General, academic staff, officer or employee of the Institute shall be indemnified out of the assets of the Institute against any proceeding brought against him in his capacity as a member of the Board, Director-General, academic staff, officer or employee of the Institute where the act complained of is not ultra vires his powers.
Indemnity of officers of the Institute.
SECTION 52
The Board shall meet at least four times in each year.
Meetings of the Board.
SECTION 53
(1) Any lawful act done or purported to have been done by the National Institute for Hospitality and Tourism existing immediately before the commencement of this Act (in this Act referred to as the “Executing Agency”) is validated under this Act.
(2) Any act lawfully done or purported to have been done by any person however designated or appointed before the commencement of this Act for and on behalf of the Institute, including the acquisition of landed properties or erection of buildings, rentals, supervision or control of the Institute, is validated.
(3) Any agreement to which the Executing Agency under this Act was a party, whether or not made in writing and whether or not of such a nature that the rights, liabilities and obligations under the agreement may be assigned by the Executing Agency shall, unless its terms or subject matter make it impossible that it should have effect so far as it relates to property as if the Institute was a party to the agreement and-
(a) reference, however worded and whether express or implied, to the Executing Agency, in respect of anything not done shall be a reference to the Institute; and
(b) any document which refers, whether specifically or generally, to the Executing Agency, shall be construed as referring to the Institute.
(4) Without prejudice to the generality of the provisions of this section, any right, liability or obligation which the Executing Agency had before the commencement of this Act shall vest in the Institute.
(5) Any application, liability or obligation, legal proceeding or enforcement of rights pending against the Executing Agency may be continued against the Institute.
(6) Notwithstanding the provisions of subsections (1) – (5)-
(a) existing regulations or rules made or guidelines issued by the Executing Agency before the commencement of this Act are deemed to have been made or issued under the relevant sections of this Act;
(b) any register kept by the Executing Agency is deemed to be part of the register kept under this Act;
(c) any direction, order and appointment lawfully given, made or other acts done by the Executing Agency and in force immediately before the commencement of this Act, shall be deemed to have been given, made or done under this Act and shall have effect accordingly; and
(d) all property held by or on behalf of the Executing Agency immediately before the commencement of this Act shall, on the commencement of this Act, be deemed to have been vested in the Institute.
(7) Subject to the provisions of this Act, the Director-General of the Executing Agency is deemed to have been transferred to the Institute under the same conditions as Director-General.
(8) Any person who, immediately before the commencement of this Act, held appointment as an employee of the Institute is, on the commencement of this Act, deemed to have been appointed under this Act for purposes of pension.
(9) As from the commencement of this Act, any disciplinary proceeding pending or existing against any employee of the Executing Agency shall be continued and completed by the Institute.
Transitional provisions.
SECTION 54
“academic staff” means a member of staff of the Institute whose sole and primary responsibility is teaching, research and assessment of students; “Chairman” means the Chairman of the Board; “Board” means the Governing Board of the Institute established under section 7 (1) of this Act; “Director-General” means the Director-General of the Institute appointed under section 12 of this Act; “enrolled” in relation to a member, means a registered member under this Act; “Executing Agency” means the National Institute for Hospitality and Tourism that existed immediately before the commencement of this Act; “fees” includes annual subscription; “functions” includes powers and duties; “hospitality” includes a broad category of fields within the service industry that includes lodging, event planning, theme parks, transportation, cruise line, and additional fields within the tourism industry; “hospitality, travel and tourism” includes the activities enumerated under the Second Schedule to this Act; “Institute” means the National Institute for Hospitality and Tourism established under this Act; “establishment or enterprise” means the activities enumerated under the Second Schedule; “Minister” means the Minister charged with the responsibility for matters relating to culture and tourism; “officer” means a staff of senior rank of the Institute; “register” means the register of hospitality, travel and tourism practitioners maintained under this Act; and “tourism” includes the business or industry of providing information, accommodations, transportation, and other related services to tourists.
Interpretation.
SECTION 55
This Act may be cited as the National Institute for Hospitality and Tourism (Establishment) Act, 2022.
Citation.
FIRST SCHEDULE
Section 8 (6)
SUPPLEMENTARY PROVISIONS RELATING TO THE BOARD
Proceedings of the Board
1. (1) Subject to the provisions of this Act and Section 27 of the Interpretation Act, the Board may make standing orders regulating its proceedings or those of any of its committees.
(2) The quorum of the Board shall be the Chairman or the person presiding at the meeting, the Director-General and one third of other members of the Board. The quorum of any committee of the Board shall be as determined by the Board.
Meetings of the Board
2. (1) The Board shall meet whenever it is summoned by the Chairman and if the Chairman is required to do so by notice given to him by not less than 4 other members, he shall summon a meeting of the Board to be held within 14 days from the date on which the notice is given.
(2) At any meeting of the Board the Chairman shall preside but if he is absent, the members present at the meeting shall appoint one of their members to preside at the meeting.
(3) The Board shall meet a minimum of four times a year, one meeting each quarter.
Committees
3. (1) The Board may appoint one or more committees to carry out, on behalf of the Board such functions as the Board may determine.
(2) A committee appointed under this paragraph shall consist of such number of persons as may be determined by the Board and a person shall hold office on the committee in accordance with the terms of his appointment.
(3) A decision of a committee of the Board shall be of no effect until it is confirmed by the Board.
Seal of the Institute
4. (1) The fixing of the seal of the Institute shall be authenticated by the signatures of the Chairman or any other member of the Board generally, or specifically authorised by the Board to act for that purpose and the Director-General.
(2) A contract or an instrument, which is made or executed by any person not being a body corporate would not be required to be under seal, may be made or executed on behalf of the Institute by the Director-General or by any person generally or specifically authorised to act for that purpose by the Director-General.
(3) A document purporting to be a contract, an instrument or other document signed or sealed on behalf of the Institute, shall be received in evidence and, unless the contrary is proved, be presented, without further proof, to have been properly signed or sealed.
Miscellaneous
The validity of any proceedings of the Board or of a committee shall not be adversely affected by —
(a) a vacancy in the membership of the Board or committee;
(b) a defect in the appointment of a member of the Board or committee; or
(c) reason that a person not entitled to do so took part in the proceedings of the Board or committee.
6. Any member of the Board or committee who has a personal interest in any arrangement entered into or proposed to be considered by the Board or any committee shall —
(a) disclose his interest to the Board or committee; and
(b) not vote on any question relating to the arrangement.
SECOND SCHEDULE
Sections 5 (1) (h)
PROVISIONS RELATING TO TRAINING, CERTIFICATION AND REGISTRATION OF PERSONNEL IN HOSPITALITY, TRAVEL AND TOURISM
Class “H”
THIRD SCHEDULE
Section 39 (3)
SUPPLEMENTARY PROVISIONS RELATING TO THE INVESTIGATING PANEL AND DISCIPLINARY TRIBUNAL
The Panel
1. The quorum of the Panel is three.
2. The Panel may, at any meeting of the Panel attended by all the members of the Panel, make standing orders with respect to the Panel.
3. Subject to the provisions of any standing order, the Panel may regulate its own procedure.
The Tribunal
4. The quorum of the Tribunal is three of whom at least one is a certified travel tourism and hospitality practitioner.
5. The Board shall make rules for the purposes of any proceeding and as to the procedure to be followed.
6. The rules made under paragraph 2 of this Schedule shall, in particular, provide for-
(a) securing that notice of the proceedings shall be given, at such time and in such manner as may be specified by the rules, to the person who is the subject of the proceedings;
(b) determining who is, in addition to the person mentioned in paragraph (a), a party to the proceedings;
(c) securing that any party to the proceedings is, if he so requires, entitled to be heard by the Tribunal;
(d) publishing, in the Federal Government Gazette, notice of any direction of the Tribunal which has taken effect directing that a person’s name shall be struck off a register.
Miscellaneous
7. A person ceasing to be member of the Tribunal or Panel is eligible for reappointment as a member of that body.8. A person may, if otherwise eligible, be a member of both the Tribunal and the Panel, but no person who acted as a member of the Panel with respect to any case shall act as a member of the Tribunal with respect to that case.
9. The Tribunal or Panel may act notwithstanding any vacancy in its membership and the proceedings of either body is not invalidated by any irregularity in the appointment of a member of that body, or subject to paragraph 6 (b) by reason of the fact that any person who was not entitled to do so took part in the proceedings of that body.
10. Any expenses of the Tribunal or Panel shall be defrayed by the Institute.
