Hospitality Training Institute Act 2006

Link to law: http://laws.gov.ag/acts/2006/a2006-18.pdf

The Hospitality Training Institute Bill 2006.pmd
No. 18 of 2006. ANTIGUA

AND

BARBUDA

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.
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