Tourism and Hotels Act
- Commenced on 8 March 1968
- [This is the version of this document at 31 December 2014.]
- [Note: This version of the Act was revised and consolidated in the Fifth Revised Edition of the Laws of Malawi (L.R.O. 1/2018), by the Solicitor General and Secretary for Justice under the authority of the Revision of the Laws Act.]
1. Short titleThis Act may be cited as the Tourism and Hotels Act.
2. InterpretationIn this Act, unless the context otherwise requires—"Board” means the Tourism and Hotels Board established under section 3;"hotel” includes a boarding-house and any other building or premises used for the accommodation of the public in which lodgings are provided and provisions are supplied by the keeper or manager thereof, but does not include any hostel or any school or any other premises or class of premises exempted from this Act by the Minister;"hotel-keeper" means any person to whom a licence to keep or manage an hotel has been issued under section 5, and includes any person to whom a licence has been transferred under section 8;"licence” means a licence issued under section 5;"member” includes the Chairman of the Board;"register” means the register kept by an hotel-keeper in accordance with section 14 (1).
3. Establishment of Board
4. PolicyThe Board may, where necessary, seek the general direction of the Minister on the manner in which it is to carry out its duties under this Act.[18 of 1969][1 of 2003]
6. Functions of the Board
7. Conditions under which the licence shall be granted
8. Transfer of licenceA licence may, with the consent of the Board previously obtained, be transferred to any person who is of good character and is capable of keeping or managing an hotel.
9. Cancellation of licenceWhere it is made to appear to the Board that—
9A. Closure of premises and seizure of food, etc.
9B. Forfeiture, cancellation and other orders
10. Classification or re-classification of hotels
11. Right to be heardThe Board shall not refuse any application for a licence under section 5, or any application for a transfer under section 8, nor shall it cancel or suspend the licence of an hotel-keeper under section 9, nor classify or re-classify an hotel under section 10, unless the applicant, the proposed transferee or hotel-keeper, as the case may be, or a legal practitioner appearing on behalf of any such person, has been furnished by the Board with particulars of the contents of any complaint made to the Board and has been given an opportunity of appearing before the Board and of being heard in support of the application, or in opposition to the cancellation, suspension, classification or re-classification, as the case may be.
12. AppealsAny person who is aggrieved by—
12A. Appeals committee
12B. Powers of appeals committee
13. Power to obtain informationAny member of the Board, or any person authorized in writing by the Board in that behalf, may at all reasonable times enter and inspect the premises of an hotel and may require the hotel-keeper to furnish such information as may be necessary to enable the Board to carry out its functions.
14. Register of guests
15. Power to make regulations
16. Application of Act, etc., to other enterprises
17. SavingNothing in this Act shall be deemed to affect the Liquor Act or any regulations made thereunder:Provided that where the Board refuses to issue, or cancels or suspends a licence in respect of an hotel under this Act any licence issued under the Liquor Act to such hotel shall, as from the date of such refusal, cancellation or suspension, and during the period of such refusal, cancellation or suspension, be of no force or effect.[Cap. 50:07][37 of 1970][39 of 1981]
History of this document
08 March 1968