NIGERIAN TOURISM DEVELOPMENT CORPORATION ACT

(1) There is hereby established, a Corporation to be known as the Nigerian Tourism Development Corporation (in this Act referred to as "the Corporation")
(2) The Corporation shall be a body corporate with perpetual succession and a common seal and may sue and be sued in its corporate name.
(3) The supplementary provisions contained in the First Schedule to this Act shall, where applicable have effect with respect to the proceedings of the Corporation and the other matters mentioned therein.

(1) The Corporation shall consist of-
(a) a part-time chairman who shall be appointed by the President on the recommendation of the Minister;
(b) a representative each of-
(i) the Nigeria Hotel Association;
(ii) the National Association of Travel Agencies;
(iii) the Nigerian Association of Chambers of Commerce, Industry, Mines and Agriculture;
(iv) Association of Tourism Practitioners of Nigeria;
(c) a representative each of the Federal Ministries charged with responsibility for matters relating to-
(i) foreign affairs;
(ii) immigration;
(iii) commerce;
(iv) culture and tourism; and
(v) information and national orientation;
(d) a representative of the Nigerian Customs Service;
(e) the Executive Director of the Corporation; and
(f) two persons to represent public interest.

(1) Subject to the provisions of this Act, a person appointed to be a member of the Corporation and not being an ex-officio member shall hold office for a period of three years from the date of his appointment and may be re-appointed for a further term of two years.
(2) Any member of the Corporation not being an ex-officio member may resign his appointment by a letter addressed to the Minister.
(3) A member of the Corporation not being an ex-officio member shall be paid such remuneration and allowances as the President may, from time to time, direct.
(4) Notwithstanding the provisions of subsection (1) of this section, the President may on the recommendation of the Minister require any member to vacate his office if his continued membership will not be in the interest of the Corporation.

(1) The functions of the Corporation shall be-
(a) to encourage people living in Nigeria to take their holidays therein and people from abroad to visit Nigeria; and
(b) to encourage the provision and improvement of tourism amenities and facilities in Nigeria including the development of hotels and ancillary facilities.
(2) In addition to the specific powers conferred on the Corporation by or under the subsequent provisions of this Act, the Corporation shall have power-
(a) to provide advisory and information services;
(b) to promote and undertake research in the field of tourism;
(c) to render technical advice to the states and local governments in the field of tourism;
(d) to register, classify and grade all hospitality and tourism enterprises, travel agencies and tour operators in such manner as may be prescribed.
(3) The Corporation shall in particular have power to-
(a) carry on any undertaking which appears to the Corporation to be necessary for the promotion and development of a tourist industry;
(b) assist in the development of-
(i) museums and historic sites;
(ii) parks;
(iii) game reserves;
(iv) beaches;
(v) natural beauty spots;
(vi) holiday resorts;
(vii) souvenir industries;
(c) advise appropriate authorities on ways of improving tourist facilities;
(d) publicise tourism; and
(e) do all such things incidental to the foregoing functions which in its opinion are calculated to facilitate the carrying on of the duties of the Corporation under this Act.

(1) The Corporation may set up a tour operating company to be known as the National Travel Bureau (in this Act referred to as "the Bureau") to operate tour services within and outside Nigeria.
(2) The Corporation shall operate the Bureau on a commercial basis that is to say, it shall ensure that the revenue accruing to the Bureau from services provided by the Bureau are not less than sufficient to meet the total cost of providing these services, taking one year with another.

Subject to this Act, the Minister may give to the Corporation directions of a general character or relating generally to particular matters (but not to any particular individual person or to any particular case) with regard to the exercise by the Corporation of its functions and it shall be the duty of the Corporation to comply with the directions.

(1) There is hereby established for each State in the Federation, a State Tourism Board (in this Act referred to as "the Tourism Board").
(2) The Tourism Board for each State shall consist of a chairman, being a person of proven ability in commerce, industry and tourism to be appointed by the Governor and the following other members, that is-
(a) a representative each of the States Ministries of-
(i) Commerce, Industry and Tourism;
(ii) Agriculture and Natural Resources;
(iii) Land and Survey;
(b) a representative of the relevant trade groups in tourism industry appointed by the State Commissioner for Commerce, Industry and Tourism; and
(c) a representative of the State Chambers of Commerce, Industry Mines and Agriculture; and
(d) the general manager.
(3) Subject to the provisions of this Act, a person appointed a member of the Tourism Board not being an ex-officio member shall hold office for a period of three years from the date of his appointment and may be re-appointed for a further period of two years.
(4) A member of the Tourism Board not being an ex-officio member shall be paid such remuneration and allowances as the Governor may determine from time to time.
(5) The Tourism Board shall have power to co-opt any person to attend its meetings but such person shall have no power to vote and shall not count towards a quorum.

(1) There shall be appointed by the State Commissioner for Commerce, Industry and Tourism with the approval of the Governor, a secretary to the Tourism Board.
(2) The secretary to the Tourism Board who shall not be a member of the Tourism Board shall be a legal practitioner with not less than seven years post-call experience.
(3) The secretary to the Tourism Board shall-
(a) keep the records and conduct the correspondence of the Tourism Board; and
(b) perform such other duties of a secretarial nature as the Tourism Board or as the case may be, the general manager of the Tourism Board may from time to time direct.

The functions of the Tourism Board shall be-(a) to assist the Corporation on the implementation of this Act;
(b) to recommend to the Corporation such other measures as may be necessary in the opinion of the Tourism Board to enable full effect to be given to the provisions of this Act;
(c) in consultation with the Corporation-
(i) to devise and carry out schemes aimed at encouraging Nigerians to visit the State;
(ii) to identify, preserve, protect and develop tourism assets and resources;
(d) to co-ordinate the activities of tourism agencies; and
(e) to perform such other functions as may be assigned to it by the Corporation.

(1) There is hereby established for each local government of a State, a committee to be known as the Local Government Tourism Committee (in this Act referred to as "the Local Government Committee").
(2) The Local Government Committee shall consist of-
(a) the chairman of the Local Government Council as chairman;
(b) the Councillor charged with responsibility for matters relating to tourism;
(c) a representative of the State Ministry charged with responsibility for matters relating to tourism;
(d) a traditional ruler;
(e) three persons who by reason of their ability, experience or specialised knowledge are capable of making useful contribution to the development of tourism; and
(f) the divisional police officer in the local government area.
(3) The Local Government Committee shall subject to the control of the Tourism Board and the Corporation, have responsibility for-
(a) recommending to the Tourism Board projects for development as tourist attraction;
(b) advising on such matters relating to tourism within the local government area;
(c) preserving and maintaining monuments and museums in their areas of jurisdiction; and
(d) promoting and sustaining communal interest in tourism.

(1) There shall be appointed by the Corporation, an Executive Director who shall be the Chief Executive of the Corporation and shall be subject to the directives of the Corporation.
(2) The Executive Director shall hold office on such terms and conditions as may be specified in his letter of appointment and on such other terms and conditions as may be determined from time to time by the Corporation with the approval of the President.
(3) The Executive Director shall be the accounting officer of the Corporation for the purpose of controlling and disbursing amounts from the fund established pursuant to section 17 of this Act.
(4) The Executive Director shall be appointed by the Minister with the approval of the President.

(1) There shall be appointed, by the Corporation, a secretary to the Corporation, who shall be a legal practitioner of not less than 10 years post-call experience.
(2) The secretary to the Corporation shall-
(a) keep the records and conduct the correspondence of the Corporation; and
(b) perform such other duties as the Corporation or the Executive Director may, from time to time, direct.

(1) The Corporation shall, subject to the provisions of this Act have powers-
(a) to appoint such other employees of the Corporation as it may determine;
(b) to pay its employees such remuneration and allowances as are payable to persons of equivalent grades in the civil service of the Federation or of a State;
(c) to set up a superannuating scheme (whether contributory or not) in respect of such of its employees as it may determine; and
(d) to determine the conditions of service of such employees.

(1) There is hereby established for the Corporation, a division to be known as the Hotel Inspectorate Division (in this Act referred to as "the Division").
(2) It shall be the duty of the Division-
(a) to register, classify, grade and monitor hotels and other hospitality establishments; and
(b) charge fees and impose such sanctions as may be prescribed from time to time by the Corporation.

(1) The Corporation may if it deems it fit, appoint from time to time, persons to be known as inspectors for the purposes of this Act.
(2) An inspector appointed under this Act shall, for the purpose of the execution of this Act, have power to do the following, that is to say-
(a) to enter, inspect and examine by day or by night any premises being used as a hotel or allied hospitality establishment;
(b) by notice require the proprietor of such hotel or allied hospitality establishment to furnish in such form as he may direct any information on such matters as may be specified by him in the notice;
(c) to make such examination and inquiry as may be necessary to ascertain whether or not the provisions of this Act or any regulations made thereunder are being complied with;
(d) to take with him a police officer if he has reasonable cause to apprehend any serious obstruction in the execution of his duty.
(3) Every proprietor of such hotel or allied hospitality establishment, his agents and servants shall where necessary furnish to an inspector the means required by such inspector for the purposes of such entry, inspection, examination or inquiry or otherwise for the due exercise of his powers under this Act.

(1) If any person wilfully delays an inspector in the exercise of any power conferred on him under section 15 of this Act, or fails to comply with the requisition of an inspector in pursuance of the said section or to produce any document or furnish any information which he is required by or in pursuance of this Act to produce or furnish or wilfully withholds any information as to who is the proprietor of any hotel or allied hospitality establishment, that person, shall be deemed to obstruct an inspector in the execution of his duties under the provisions of this Act.
(2) Where an inspector is obstructed in the execution of his powers or duties under the provisions of this Act, the person obstructing him shall be guilty of an offence and liable on conviction to a fine of N1,000 or to imprisonment for one month or to both such fine and imprisonment.

(1) The Corporation shall maintain a fund which shall consist of-
(a) such monies as may, from time to time, be provided by the Federal Government by way of loan, grant or otherwise howsoever;
(b) such monies as may be received by the Corporation in the course of its operations or in relation to the exercise of its powers and from such fund there shall be defrayed all expenses incurred by the Corporation.
(2) Subject to any general or special direction that may be given in that behalf by the Minister pursuant to this Act, the Corporation may invest its funds and maintain general financial reserves.
(3) The Corporation shall keep proper accounts and proper records in relation thereto and shall prepare in respect of each year a statement of accounts in such form as the Minister may direct.
(4) The Corporation shall cause its accounts to be audited within six months after the end of each year by external auditors appointed from the list and in accordance with guidelines supplied by the Auditor-General for the Federation.

The Corporation, shall submit through the Minister to the President not later than 30 June in each year, a report of its activities during the preceding year which shall include a copy of the audited accounts of the Corporation for that year and a copy of the auditors report thereon.

The Minister may give to the Corporation directives of a general nature with regard to the carrying out of the functions of the Corporation under this Act and it shall be the duty of the Corporation to comply with such directives.

The Minister may with the approval of the President, make regulations generally for the purpose of giving effect to the provisions of this Act and may in particular without prejudice to the generality of the foregoing provisions make regulations-(a) providing for the registration by the Corporation of any class of hotels and other similar establishments in Nigeria at which sleeping accommodation is provided by way of trade or business;
(b) requiring the classification or grading of hotels, restaurants and night clubs and prescribing standards for their upkeep;
(c) requiring hotels and other similar establishments to display information with respect to prices charged;
(d) providing for camping, fishing and hunting within holiday resorts; and
(e) prescribing standards to be observed by travel agencies and tourist guides.

(1) The Nigerian Tourist Board established by the Nigerian Tourist Board Act is hereby dissolved and the said Act is hereby repealed.
(2) The transitional and savings provisions in the Second Schedule to this Act shall have effect in relation to the employees, assets and liabilities of the Board dissolved under this section and other matters mentioned therein notwithstanding anything to the contrary in this Act or any other enactment.

In this Act, unless the context otherwise requires-
"Bureau" means the National Travel Bureau established by section 5 of this Act;
"Corporation" means the Nigerian Tourism Development Corporation established by section 1 of this Act;
"Division" means the Hotel Inspectorate Division established by section 14 of this Act;
"Executive Director" means the person appointed as Executive Director by virtue of section 11 of this Act;
"inspector means the person appointed as inspector under section 15 of this Act;
"Tourism Board" means the State Tourism Board established under section 7 of this Act;
"Minister" means the Minister charged with responsibility for tourism matters.

This Act may be cited as the Nigerian Tourism Development Corporation Act.