The Hospitality Training Institute Bill 2006.pmd
No. 18 of 2006. ANTIGUA
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1The Hospitality Training Institute
Act, 2006.
ANTIGUA AND BARBUDA
No. 18 of 2006
FOR
AN ACT to provide for the establishment of an educational and
training institution to be known as the Hospitality Training
Institute, for the management and control of such institute
and other matters connected thereto
[ Published in the Official Gazette Vol. XXVI
No. 73 dated 7th December, 2006. ]
ENACTED by the Parliament of Antigua and Barbuda as
follows:
1. This Act may be cited as the Hospitality Training Institute
Act, 2006 and shall come into force on a date appointed by the
Minister by Order published in the Gazette.
2. In this Act unless the context otherwise requires—
“academic year” means a period of twelve months
commencing in or about the month of September and
ending in or about September of the following year, or
such other period as the Board may determine;
“Board” means the Board of management established by
section 6(1);
“Director” means the person appointed under section 14(1)
and includes any person for the time being performing the
functions of Director;
Short title and
commencement.
Interpretation.
[ L.S. ]
I Assent,
James B. Carlisle,
Governor-General.
17th November, 2006.
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“Minister” means the Minister responsible for Tourism;
“hospitality industry” means the sectors of economic
activity engaged in the provision of services,
entertainment, care and accommodation of persons
including travellers and tourists; and
“Institute” means the Hospitality Training Institute,
established under section 3(1);
3. (1) There is established in Antigua and Barbuda the
Hospitality Training Institute.
(2) The Institute shall be a body corporate with perpetual
succession and a common seal and shall be capable of suing
and being sued and, subject to the provisions of this Act, of
purchasing or otherwise acquiring, holding, charging and
alienating real or personal property and of doing or performing
such acts as bodies corporate may by law do or perform.
(3) The aim of the Institute shall be to provide academic and
practical training in—
(a) accommodation;
(b) adventure tourism and recreation;
(c) national attractions;
(d) events and conferences;
(e) food and beverages;
(f) tourism services;
(g) transportation; and
(h) the travel trade,
for the promotion and encouragement of standards in the
hospitality industry.
4. (1) The Institute may offer training and instruction in—
(a) hospitality management;
Establishment of
Institute.
Major Industry
sectors.
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(b) reception and sales;
(c) culinary arts;
(d) food and beverage management;
(e) office management studies;
(f) housekeeping;
(g) basic cookery; and
(h) general maintenance.
(2) The Board may, after consultation with the Minister, vary
the areas or courses of studies from time to time.
5. A person who possesses such qualifications as the Board
may determine shall be eligible for admission to the Institute.
6. (1) For the purpose of managing and administering its affairs
the Institute shall have a Board of Management.
(2) The Board of the Institute shall comprise—
(a) the Director General of Tourism, ex-officio;
(b) three members appointed by the Minister
representing—
(i) the Board of Education;
(ii) the Ministry of Education; and
(iii) the Ministry of Labour;
(c) one member appointed by the Minister representing
the Antigua Hotels and Tourist Association;
(d) one member appointed by the Minister representing
jointly other hospitality and tourism sectors;
(e) one member nominated by the Antigua and Barbuda
Tourism Authority and appointed by the Minister;
Eligibility.
Board of
Management.
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(f) one member appointed by the Minister selected as
representative of Trade Unions; and
(g) the Director of the Institute, ex-officio.
(3) The Minister shall appoint a chairman and a deputy
chairman of the Board from among the Board members.
(4) The appointment of all members of the Board other than
ex-officio members shall be for a period of three years, but any
such member shall be eligible for re-appointment.
(5) If the Chairman of the Board is unable to act, then the
Deputy Chairman shall act in the place of the Chairman.
(6) Any member of the Board may at any time resign his office
by instrument in writing addressed to the Minister and transmitted
through the Chairman, and from the date of receipt by the Minister
of such instrument, such member shall cease to be a member of
the Board.
(7) The Chairman of the Board may at any time resign his
office by instrument in writing addressed to the Minister and
such resignation shall take effect on the date of receipt by the
Minister of such instrument.
(8) The Minister may, on the application of a member in writing,
grant leave of absence to the member.
(9) The Minister may, at any time, revoke the appointment of
a member of the Board if—
(a) the member is incapable for any reason of performing
his functions as a member;
(b) the member has been absent from meetings of the
Board for three consecutive meetings without
having been granted leave under subsection (8);
(c) the member fails to disclose an interest in accordance
with section 9; or
(d) the Minister on reasonable grounds thinks it
expedient to do so.
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(10) If any vacancy occurs in the membership of the Board,
such vacancy shall be filled by the appointment of another
member who shall, subject to the provisions of this Schedule,
hold office for the remainder of the period for which the previous
member was appointed.
(11) The appointment made under sub-paragraph (10) shall
be made in the same manner and from the same category of
persons, if any, as the appointment of the previous member.
(12) The names of all members of the Board as first constituted
and every change, whether by death, resignation, revocation, or
effluxion of time, in the membership therefor shall be published
in the Gazette.
(13) The Board members shall receive such remuneration as
the Minister may determine whether by way of honorarium, salary
or fees.
(14) The provisions of Schedule 1 shall have effect as to the
procedure of the Board.
7. (1) The Seal of the Institute shall be kept in the custody of
the Director and shall only be affixed to instruments pursuant to
a resolution of the Board and the sealing of an instrument shall
be authenticated by the signature of the Chairman or deputy
Chairman and the Director and shall be officially and judicially
noticed.
(2) All other documents, other than those required by law to
be under seal, and all decisions of the Board, may be signified
under the hand of the Chairman, or any other member authorised
to act in that behalf, or the Director.
8. No member of the Board shall be liable in damages for
anything done or omitted in the discharge or purported discharge
of any function under, or authorised by this Act or any other
enactment unless it is shown that the act or omission was in bad
faith.
9. (1) If a member of the Board has any pecuniary interest,
direct or indirect, in any contract, proposed contract, licence or
other matter and is present at a meeting of the Board at which
the contract, proposed contract, licence or other matter is the
Seal.
Schedule 1.
Limitation of
liability.
Declaration of
interests.
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subject of consideration, he shall at the meeting and as soon as
practicable after its commencement disclose the fact and shall
not take part in the consideration or discussion of the contract,
proposed contract, licence or other matter or vote on any question
with respect to it and shall be excluded from the meeting for the
duration of the consideration, discussion and voting procedure.
(2) A disclosure under paragraph (1) shall be recorded in the
minutes of the Board.
(3) No act or proceeding of the Board shall be questioned on
the ground that a member of the Board has contravened this
section.
10. (1) For the purposes of section 9, a member of the Board
shall be treated, subject to the following provisions of this section
and to section 11, as having indirectly a pecuniary interest in a
contract, proposed contract, licence or other matter if—
(a) he or any nominee of his is a member of a company
or other body with which the contract was made or
is proposed to be made or which has a direct
pecuniary interest in the matter under consideration;
(b) he is a partner, or is in the employment of a person
with whom the contract was made or is proposed to
be made, or who has a direct pecuniary interest in
the matter under consideration; or
(c) he, or any partner of his is a professional adviser to
a person who has a direct or indirect pecuniary
interest in a contract, proposed contract, licence or
other matter.
(2) Paragraph (1) shall not apply to membership of or
employment under any public body.
(3) In the case of married persons the interest of one spouse
shall be deemed for the purpose of section 9 to be also the
interest of the other.
11. Section 9 shall not apply to an interest in a contract,
proposed contract, licence or other matter which a member of
the Board has as a member of the public or to an interest in any
Pecuniary
interests for the
purposes of
section 9.
Conflict of
Interest.
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matter relating to the terms on which the right to participate in
any service is offered to the public.
12. (1) The functions of the Board shall be—
(a) to manage, conduct and supervise the activities of
the Institute;
(b) to have general supervision of the buildings,
premises and grounds of the Institute;
(c) to regulate the conduct and discipline of the
employees and students of the Institute; and
(d) to perform such other functions as may be conferred
by or under this Act.
(2) For the purposes of performing the functions set out in
subsection (1) the responsibilities of the Board shall include—
(a) formulating the content of courses of study offered
by the Institute;
(b) monitoring training standards;
(c) granting or conferring certificates, diplomas,
associate degrees, degrees and honorary awards
and honorary degrees;
(d) prescribing qualification for admission;
(e) appointing, promoting and dismissing administrative
and technical staff;
(f) advising the Minister on all aspects pertaining to
the hospitality industry; and
(g) appointing committees where necessary to perform
specific functions.
(3) The Board shall make recommendations for regulations
to the Minister—
(a) prescribing or amending the fields or programmes
of study;
Functions of the
Board.
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(b) prescribing the subject of instruction, the relative
prominence and value to be assigned to each subject
or group of subjects and the extra-curricular activities
of the Institute;
(c) prescribing entry requirements and the conferment
of degrees and awards;
(d) prescribing the academic year, terms, vacations and
holidays to be observed by the Institute;
(e) prescribing the method of assessment of student
performance;
(f) prescribing the terms of withdrawal and refund;
(g) prescribing the fees and costs at the Institute; and
(h) prescribing or regulating such other matters covered
by the aims of the Institute or the functions of the
Board as the Board shall consider appropriate to
include in regulations.
(4) Subject to subsection (5), the Board may, in the exercise of
its functions, delegate such functions as it thinks expedient to
the Chairman or the Director or to a committee appointed by the
Board although the delegation of any such power or authority
shall not prevent the Board from itself exercising the power or
authority.
(5) Nothing contained in subsection (4) shall authorise the
Board to delegate to any person the exercise of any power to
make rules, and any delegation of functions under subsection
(4) shall specify limits on the expenditure which may be incurred
in their performance.
(6) The Board may, after consultation with the Minister, enter
into an association or affiliation with such universities, colleges
or other institutions of tertiary education as the Institute may
consider appropriate.
13. The Minister may give the Board directions, of a general
nature only, as to the policy to be followed in the performance of
its functions and the Board shall give effect to all such directions.
Policy
directions.
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14. (1) There shall be a Director of the Institute appointed by
the Board with the approval of the Minister who shall be
responsible for the implementation of the policies and
programmes approved by the Board and the day-to-day
management of the Institute.
(2) The staff of the Institute shall consist of a Director, Deputy
Director, Bursar and such number of Heads of Department,
lecturers and other employees as the Board may from time to
time determine.
(3) Members of the staff at the Institute other than the Director
shall be appointed by the Board in consultation with the Director.
(4) The terms and conditions of employment of officers and
employees of the Institute shall be prescribed from time to time
by the Board.
15. The Institute shall be organised in Departments and in
the manner as outlined in the Second Schedule.
16. (1) There is established for the purposes of this Act a
Special Fund to be known as the Antigua and Barbuda
Hospitality Institute Fund which shall be administered by the
Board.
(2) There shall be paid into the Fund, for the purposes of this
Act—
(i) all monies voted by Parliament;
(ii) all donations, grants, awards and endowments given
to the Board;
(iii) all proceeds collected for various services and
training offered by the Institute; and
(iv) such other monies as the Board may from time to
time raise through its activities.
(3) The Board shall open and maintain a bank account in a
bank approved by the Accountant General and all monies raised
and collected under this Act or received for the purposes of this
Act shall be paid into that bank account in a bank as soon as
practicable after being received.
Director, staff
and faculty.
Departments
Second Schedule.
Funds.
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(4) The Board shall ensure that no money is withdrawn from,
or paid out of, the bank account without the Board’s authority
and, subject to this Act, may make rules providing for the due
custody of monies forming part of the funds and resources of
the Board.
17. (1) Subject to subsection (2), the Board shall cause to be
kept proper books of accounts and other books and records in
respect of its operations in which shall be recorded all financial
transactions of the Board and prepare a financial statement in
respect of each financial year.
(2) The accounts of the Institute shall be prepared according
to internationally accepted accounting standards and shall be
audited annually by an auditor appointed by the Board and may
be reviewed by the Director of Audit.
(3) The members and employees of the Board shall grant to
the Director of Audit or to any public officer on the staff of the
Director of Audit access to all books, documents, monies and
property of the board and shall give him or such officer on
request all such information as may be within their knowledge in
relation to the operation of the Board.
18. (1) The Board shall submit to the Minister—
(a) within three months after the end of each academic
year, or within such further time as the Minister may
allow, a report on the activities of the Institute during
that academic year;
(b) on or before 31 March in each year, a statement of
its accounts, audited in accordance with the
provisions of section 17(2), for the financial year
ending in the December of the previous year;
(c) on or before 31 August in each year, the estimates of
the revenue and expenditure for the Institute in
respect of the next financial year for the approval of
the Minister.
(2) The Minister shall lay copies of the reports, statements
and estimates, together with the auditor’s report, before the
House of Representatives.
Accounts and
Audit.
Reports,
estimates and
statements.
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19. (1) Subject to subsection (2), the Board may borrow
moneys required by it for meeting any of its obligations or
performing any of its functions.
(2) The powers of the Board to borrow shall be exercisable
only with the prior approval of the Minister of Finance, as to the
amount, source of borrowing and the terms on which the
borrowing may be effected.
(3) Any approval given by the Minister of Finance under this
section may be either general or limited to a particular borrowing
and shall be subject to such conditions as the Minister of
Finance may determine.
20. (1) The Minister of Finance may guarantee in such manner
and on such terms and conditions as he may think fit, the
repayment of the principal and payment of interest in respect of
any borrowing approved by him under this Act.
(2) Where the Minister of Finance is satisfied that there has
been default in the repayment of the principal or payment of
interest of any moneys borrowed under this Act, he may direct
the repayment or payment as the case may be out of the
Consolidated Fund of the amount in respect of which there has
been such default.
(3) The Board shall make to the Accountant General at such
times and in such manner as the Minister of Finance may direct,
payment of such sums as may be so directed in or towards
payments of any sums issued in fulfilment of any guarantee
given under this section, and payment of interest on what is
outstanding for the time being in respect of any sums so issued
at such rate as the Minister of Finance may direct, and different
rates of interest may be directed as regards different sums and
as regards interest to different periods.
(4) All sums received under subsection (3) by the
Accountant General shall immediately be paid into the
Consolidated Fund.
21. (1) No stamp duty shall be chargeable in respect of any
instrument executed by or on behalf of, or in favour of the Institute
in cases where, but for this exemption, the Institute would be
liable to pay the duty chargeable in respect of such instrument.
Borrowing
powers of the
Board.
Borrowing may
be guaranteed by
Minister of
Finance.
Exemptions.
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(2) The Institute shall not be liable for the payment of income
tax in respect of income received by it in accordance with the
provisions of this Act.
(3) The Institute shall be exempt from the payment of all
customs duties and consumption taxes that would otherwise be
payable on goods required by the Institute for the performance
of its functions under this Act.
(4) The Institute shall be exempt from the payment of all
property tax in respect of all property owned and used by it for
the performance of its functions under this Act.
22. All lands, building, equipment, machinery and any other
property whether real or personal wheresoever situated held at
the coming into force of this Act in the name of the Hotel Training
Centre and used for the purpose of tourism and hospitality
education and training is vested in the Institute.
23. (1) Every person who, on coming into force of this Act, is
on the teaching, administrative or technical staff of the Institute
as an established employee or a non-established employee of
Government, shall have the option to apply for employment by
the Board.
(2) A person who exercises the option in subsection (1) shall
cease to be an employee of the Government from the date on
which he is employed by the Board.
(3) Where a person exercises the option under subsection (1)
and is employed by the Board, any pension rights or retiring
award to which he may be entitled shall be placed on hold from
the date on which he ceases to be a Government employee until
he attains the compulsory retiring age under the Pensions Act
(Cap. 311) or the Pension (Non-Established Government
Employees) Act (Cap 310).
(4) Settlement of all claims made in respect of service under
this section shall be executed in accordance with an agreement
which shall be entered into by the Institute and the Government
under this subsection.
24. (1) The Minister may by regulations make provision for
the purpose of carrying this Act into effect and, in particular, but
Vesting.
Transitional
provisions.
Regulations.
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without prejudice to the generality of the foregoing, for or with
respect to any matter that may be prescribed under this Act by
regulations.
(2) Regulations made under this Act may—
(a) make different provision in relation to different cases
or circumstances;
(b) apply in respect of particular persons or particular
cases or particular classes of persons or particular
classes of cases, and define a class by reference to
any circumstances whatsoever; or
(c) contain such transitional, consequential, incidental
or supplementary provisions as appear to the
Minister to be necessary or expedient for the
purposes of the regulations.
(3) The Minister may, from time to time by order, amend the
provisions of the Schedules.
Section 6(14)
SCHEDULE 1
PROCEDURE OF THE BOARD
PROCEDURE
1. Subject to the provisions of this Schedule, the Board may regulate its own
proceedings.
QUORUM
2. The quorum for meetings of the Board shall be five members.
MEETINGS
3. (1) The Board shall meet at least once in every month and at such other times
as may be necessary or expedient for the transaction of its business and such
meetings shall be held at such places and times and on such days as the Board
may determine.
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(2) The Chairman may at any time call a special meeting of the Board and shall
call a special meeting within seven days of the receipt of a written request for that
purpose addressed to him by any three members of the Board.
(3) The Chairman of the Board shall preside at all meetings of the Board at which
he is present; and in the case of the Chairman’s absence at any meeting, the
Deputy Chairman shall preside at that meeting.
(4) The decisions of the Board shall be by a majority of votes and, in addition to
an original vote, the Chairman or person presiding at a meeting shall have a casting
vote in any case in which the voting is equal.
(5) Minutes in proper form of each meeting of the Board shall be kept and
circulated to the members by the Director as soon as practicable thereafter and
shall be confirmed by the Board at the next subsequent meeting when they shall be
signed by the person presiding at that meeting.
(6) Minutes made of meetings of the Board, if duly signed in accordance with
subparagraph (5), shall be receivable in evidence in all legal proceedings without
further proof and every meeting of the Board in respect of which minutes have
been so signed shall be deemed to have been duly convened and held and all
members present thereat to have been duly qualified to act.
(7) The Board may co-opt any one or more persons to attend any meeting of the
Board for the purpose of assisting or advising the Board, but no such persons
shall have a right to vote.
(8) The validity of the proceedings of the Board shall not be affected by any
vacancy amongst the members thereof or by any defect in the appointment of a
member thereof.
Committees
4. (1) The Board shall appoint as standing committees an Academic Committee,
an Accreditation Committee, a Marketing and Public Relations Committee, a
Disciplinary Committee and a Financial Management Committee.
(2) The Board may appoint such further Committees as it may think fit and may
delegate to any such Committee the power and authority to carry out on its behalf
such duties as the Board may determine but no committee shall have the power to
make rules.
(3) The constitution of each committee shall be determined by the Board.
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(4) A committee shall consist of at least one member of the Board together with
such other persons, whether members of the Board or not, whose assistance and
advice the Board may desire.
RULES
5. The Board may, after consultation with the Minister, make rules—
(a) governing the proceedings of the Board and the manner and
transactions of its business;
(b) prescribing the manner in which cheques shall be signed, and
documents, and instruments of any descriptions shall be kept for the
purposes of its functions;
(c) providing for the grant and conditions of leave for the Director and
staff of the Institute; and
(d) generally, for the exercise of its functions under this Act.
Section 15
SCHEDULE 2
ORGANISATION AND DISCIPLINE
DIRECTOR
1. (1) The Director shall be the academic and administrative head of the Institute
and shall have the daily management of the Institute.
(2) The Director shall not hold any other appointment or engage in any other
occupation which in the opinion of the Board is likely to interfere with the proper
performance of his functions under this Schedule, or is prejudicial to the welfare of
the Institute.
(3) Without prejudice to any other functions conferred or imposed upon him
under the provisions of this Schedule, the functions of the Director shall be—
(a) to supervise the teaching, discipline, work and conduct of the staff at
the Institute;
(b) to supervise the discipline, work and conduct of the students at the
Institute;
(c) to recommend the choice of textbooks and the appropriate methods of
teaching at the Institute;
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(d) to be responsible for the arrangement of the classes and the fixing of
lecture hours at the Institute;
(e) to promote the interests of the Institute within and outside the State;
and
(f) to exercise such other powers conferred on or duties assigned by the
Board in accordance with the Act.
DEPARTMENTS OF THE INSTITUTE
2. The Board shall cause the Institute to be organised in Departments
corresponding, as nearly as practicable, with the fields of studies specified in
section 4(1), but which shall include—
(a) food and beverage operations;
(b) management studies;
(c) culinary arts;
(d) rooms division; and
(e) tourism studies.
DISCIPLINARY MATTERS
4. (1) A member of staff appointed and employed under contract shall be governed
in terms of discipline as laid down and published therein.
(2) A student enrolled or registered at the Institute shall be subject to rules of
conduct and discipline to be prescribed by the Director from time to time in
accordance with his functions as set out in paragraph 1 of this Schedule.
(3) The Board shall establish a Disciplinary Committee to inquire into any
disciplinary charges made in respect of any staff or student at the Institute.
APPEAL
5. (1) Any member of staff or student against whom an adverse finding is made
after an inquiry under paragraph 4(3) of this Schedule may, within fourteen days of
the receipt of the decision, appeal to the Board against the decision.
(2) The Board may hear and determine appeals from any appellant or his
representative.
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(3) The Board may, after hearing any appeal under this section—
(a) confirm or reverse the decision;
(b) vary the decision; or
(c) order a rehearing of the matter if in its opinion, it is in the interest of
justice to do so.
(4) An appeal against any decision made by the Board may be made to the
Minister and every such appeal shall be made within fourteen days of the decision
of the Board.
(5) An appeal under subparagraph (4) shall be heard and decided by the Minister
within 28 days of the receipt of the notice of appeal by the Minister.
(6) The Minister shall make regulations governing the procedure to be followed
in all appeals made under subparagraph (4).
________
Printed at the Government Printing Office, Antigua and Barbuda,
by Eric T. Bennett, Government Printer
— By Authority, 2006.
800—12.06 [ Price $ 6.80 ]
Passed by the House of Representatives
this 11th day of September, 2006.
D. Giselle Isaac-Arrindell,
Speaker.
Yvonne Henry,
Clerk to the House of Representatives.
Passed by the Senate this
13th day of October, 2006.
Hazlyn M. Francis,
President.
Yvonne Henry,
Clerk to the Senate.
ANTIGUA AND BARBUDA
THE HOSPITALITY TRAINING INSTITUTE ACT, 2006
ARRANGEMENT OF SECTIONS
Sections
1. Short title and commencement.
2. Interpretation.
3. Establishment of Institute.
4. Major industry sectors.
5. Eligibility.
6. Board of Management.
7. Seal.
8. Limitation of liability.
9. Declaration of interests.
10. Pecuniary interests for the purpose of section 9.
11. Conflict of interest.
12. Functions of the Board.
13. Policy directions.
14. Director, staff and faculty.
15. Departments.
16. Fund.
17. Accounts and audit.
18. Reports, estimates and statements.
19. Borrowing powers of the Board.
20. Borrowing may be guaranteed by Minister of Finance.
21. Exemptions.
22. Vesting.
23. Transitional provisions.
24. Regulations.
SCHEDULE 1 — Procedure of the Board.
SCHEDULE 2 — Organisation and Discipline.
