Act 4 2026 - Seychelles Tourism Board Act 2026

[2nd April 2026] Seychelles Tourism Board Act 10 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE ACT SEYCHELLES TOURISM BOARD ACT, 2026 (Act 4 of 2026) ARRANGEMENT OF SECTIONS PART I - PRELIMINARY Section 1. Short title and commencement 2. Interpretation PART II - THE BOARD 3. Establishment of Seychelles Tourism Board 4. Constitution of the Board 5. Functions of the Board 6. Procedures of the Board 7. Delegation of powers etc. PART III - OFFICERS AND STAFF OF THE BOARD 8. Chief Executive Officer 9. Termination of appointment of a member of the Board etc. 10. Appointment of staff PART IV - FINANCIAL PROVISIONS 11. Funds of the Board 12. Vesting of Government assets etc. 13. Borrowing by the Board 14. Business plan of the Board 15. Accounts and auditing 16. Annual report PART IV - MISCELLANEOUS 17. Directions by Minister 18. Access to Information, Data and Statistics 19. Acts or proceedings of the Board deemed not to be invalid 20. Application of certain Penal Code provisions 21. Protection for acts in good faith 22. Confidentiality 23. Regulations 24. Transfer of staff [2nd April 2026] Seychelles Tourism Board Act 11 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE ACT SEYCHELLES TOURISM BOARD ACT, 2026 (Act 4 of 2026) I assent 31st March, 2026 AN ACT TO ESTABLISH THE SEYCHELLES TOURISM BOARD TO PROVIDE FOR ITS FUNCTIONS AND FOR MATTERS CONNECTED THEREWITH OR INCIDENTAL THERETO. ENACTED BY THE PRESIDENT AND THE NATIONAL ASSEMBLY. PART I - PRELIMINARY Short title and commencement 1. This Act may be cited as the Seychelles Tourism Board Act, 2026 and shall come into operation on such date as the Minister may, by notice in the Gazette, appoint. ; [2nd April 2026] Seychelles Tourism Board Act 12 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE ACT Interpretation 2. In this Act — “STB” means the Seychelles Tourism Board established by section 3; “Board” means the Board of Directors of the STB appointed under section 4; “member” means a member of the Board; “Department” unless otherwise specified, means the Tourism Department; “Minister”, unless otherwise specified, means the Minister responsible for Tourism; “tourism enterprise” means a person or a body of persons who or which carries on one or more of the following businesses — (a) national or international carriage of passengers; (b) provision or arrangement either wholly or in part of services for visitors to Seychelles by way of transport, accommodation, tours or guides within or outside Seychelles; (c) distributing wholly or in part for purposes of trade or retailing tourism- related goods and services; (d) any undertaking including any convention, exhibition, show, fair, publicity campaign or theme park intended wholly or in part for attracting visitors to Seychelles; and (e) “tourism-related goods and services” means goods or services prescribed as such for the purposes of this Act. PART II - THE BOARD Establishment of Seychelles Tourism Board 3.(1) There is hereby established a board to be known as the Seychelles Tourism Board. (2) The Board shall be a body corporate and may sue and be sued in that name. Constitution of the Board 4.(1) The affairs of the Board shall be administered by a Board of Directors, consisting of the following members appointed by the President — (a) a Chairperson; (b) a representative of the Ministry of Tourism; (c) a representative of the Ministry of Finance; and (d) four other persons having wide experience in tourism, hospitality, travel and air transport services. [2nd April 2026] Seychelles Tourism Board Act 13 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE ACT (2) The President shall appoint a person from among the six members as the Vice Chairperson of the Board. (3) The President shall publish the names of the Chairperson, Vice-Chairperson and members of the Board in the Gazette. (4) A member of the Board shall hold office for such period as shall be specified in the instrument of appointment and unless removed from office shall be eligible for reappointment. (5) A member may, at any time resign his or her office by letter addressed to the President. (6) A person shall be ineligible to be appointed or to hold office as a member if such person is subject to the disqualifications criteria specified in section 9. (7) Where the office of a member becomes vacant, the President shall, having regard to subsection (1), appoint a person to fill the vacancy and the member so appointed under this subsection shall hold office for the unexpired term of office of the member whom he or she succeeds. (8) Where a member is temporarily unable to perform the duties of his or her office on account of ill health, other infirmity, absence from Seychelles or any other cause, then the President may, having regard to subsection (1), appoint another person to act in place of that member. (9) The terms and conditions of service and the emoluments to be paid to the members of the Board shall be determined in accordance with the relevant Government's remuneration policy. (10) The Board shall appoint a secretary who shall be responsible for maintaining Board records, preparing agendas and minutes and ensuring compliance with governance procedures. Functions of the Board 5. The functions of the Board shall be — (a) to market and promote Seychelles as a tourist destination and showcase its diverse experiences and tourism products at the local, regional and international levels; (b) to develop, implement and coordinate a national tourism marketing strategy that promotes all various tourism segments and niches; (c)to provide leadership and strategic direction to both the government and the private sector on matters regarding tourism and destination marketing; (d) to conduct market research and analysis of local and international travel trends to inform and enhance the effectiveness of marketing strategies for the destination; (e) to disseminate correct and necessary information to tourists both locally and internationally about the tourism sector in collaboration with relevant Ministries; [2nd April 2026] Seychelles Tourism Board Act 14 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE ACT (f) to plan, coordinate, and market tourism-related events and activities, locally and internationally, that contribute to the promotion of the destination and enhance visitor experience; (g) to promote and support local initiatives developed by the Ministry that align with national tourism objectives; (h) to establish and carry out public relations activities locally and internationally to address issues concerning the image of the destination in alignment with Ministry guidance; and (i) to advise the government on any other matter relating to tourism marketing. Procedures of the Board 6.(1) The Chairperson shall preside at the meetings of the Board and in his or her absence the Vice-Chairperson, or in the absence of both the Chairperson and the Vice-Chairperson, any member appointed by the members present shall preside. (2) The Board shall meet at such intervals as the members may decide, but not less than four times in each year. (3) The Chairperson may at any time and at the request in writing of not less than 4 members convene a special meeting of the Board without delay. (4) A notice convening such special meeting shall state the purpose for which it is convened. (5) Except in the case of a meeting convened for an urgent matter, not less than three (3) days' notice of the meeting shall be given to the members. (6) The quorum for any meetings of the Board shall be four members. (7) Written records shall be maintained for all Board meetings, and the approved minutes shall be duly circulated to the Minister. (8) At any meeting for the conduct of business, the Board shall decide by a majority vote of the members present and, in the event of equality of votes, the Chairperson or any member presiding over the meeting shall have a casting vote. (9) A member of the Board having any financial interest, directly or indirectly in any decision to be made by the Board, shall disclose the nature of his or her interest at a meeting of the Board and such disclosure shall be recorded in the minutes of the meeting, and the member shall not take part in any deliberation or vote with regard to that decision. (10) Subject to this section, the Board may regulate its procedures relating to its meetings. Delegation of powers etc. 7. (1) The Board may appoint special committees consisting of any of its members or other persons having expertise in relevant areas for the purpose of discharging any of its functions. [2nd April 2026] Seychelles Tourism Board Act 15 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE ACT (2) The Board may, subject to such conditions as it may specify, delegate to — (a) the Chief Executive Officer; (b) any member; or (c) a committee referred to in subsection (1); any of the powers and duties of the Board and such power or duty may be exercised or performed by the Chief Executive Officer, a member, a committee, as the case may be, in the name and on behalf of the Board. (3) Notwithstanding any delegation under subsection (2), the Board may continue to exercise or perform any power or duty so delegated. PART III - OFFICERS AND STAFF OF THE BOARD Chief Executive Officer 8.(1) There shall be a Chief Executive Officer of the Board who shall be appointed by the President and who shall serve as an ex officio member of the Board. (2) The grounds specified in section 9 shall be criteria for ineligibility for the appointment of the Chief Executive Officer or the Deputy Chief Executive Officer. (3) The Chief Executive Officer shall be the accounting officer of the Board and shall be responsible for the administration of the affairs of the Board in accordance with the decisions of the Board. (4) The Chief Executive Officer shall report to the Minister. (5) The terms and conditions of service and the remuneration to be paid to the Chief Executive Officer shall be as determined in accordance with the Government's remuneration policy. (6) The President may appoint a Deputy Chief Executive Officer. (7) The Deputy Chief Executive Officer shall act in the office of the Chief Executive Officer — (a) during the vacancy in the office of the Chief Executive Officer; (b) during any period in which the Chief Executive Officer is absent from duty for any reason or is unable to perform the functions of that office and shall perform such other functions as the Chief Executive Office may delegate. Termination of appointment of a member of the Board etc. 9. The President may terminate the appointment of any member of the Board as the case may be, who — (a) has been guilty of any misconduct, default or breach of trust in the discharge of any duties; [2nd April 2026] Seychelles Tourism Board Act 16 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE ACT (b) becomes an undischarged insolvent or bankrupt; (c) is convicted of an offence and sentenced to a term of imprisonment of three months or more; (d) is mentally or physically incapable of carrying out the functions under this Act; or (e) is absent from three consecutive meetings of the Board without valid excuse. Appointment of staff 10.(1) The Chief Executive Officer may, with the approval of the Board, appoint such number of officers as are considered necessary, in accordance with the approved organisational structure, for the efficient discharge of the Board's functions under this Act. (2) The terms and conditions of service and the emoluments to be paid to such officers shall be as determined in accordance with the Government's remuneration policy. PART IV - FINANCIAL PROVISIONS Funds of the Board 11.(1) The funds of the Board shall consist of — (a) moneys voted by the National Assembly, from time to time, for the use of the Board; (b) moneys accruing to the Board in the discharge of its powers, duties and functions under this Act; (c) moneys received by the Board by way of loans, donations, sponsorships or grants. (2) The expenses incurred by the Board in the discharge of its powers, duties and functions under the Act shall be paid out of the funds. Vesting of Government assets etc. 12. The President may, by Order in writing, vest in the Board any right, interest, asset or liability of the Government and upon the making of the Order the right, interest, asset or liability shall vest in the Board. Borrowing by the Board 13. The Board may, with the approval in writing of the Ministers responsible for tourism and finance, borrow or raise money in such manner, from such persons, on such terms and conditions and against such security as it may deem appropriate for the purpose of discharging its functions. Business plan of the Board 14.(1) The Board shall prepare a business plan in respect of each financial year and submit it to the Minister for approval. [2nd April 2026] Seychelles Tourism Board Act 17 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE ACT (2) The business plan shall — (a) include a statement of short term and medium term objectives; (b) outline the strategies that the Board intends to employ in order to achieve its objectives; and (c) include an operational plan, a financial plan consisting of estimates of expenditure and revenue for the following financial year and performance indicators. (3) The Board may, from time to time, amend the business plan with the approval of the Minister. Accounts and auditing 15.(1) The financial year of the Board shall be the period of twelve months ending on the 31st December in each year: Provided that the first financial year of the Board shall be the period between the date of commencement of this Act and the 31st December next following. (2) Article 158 of the Constitution shall apply in respect of the auditing of the accounts of the Board. (3) The Board may operate overseas commercial bank accounts in specific markets, subject to the prior written approval of the Minister responsible for Finance, solely for the purpose of marketing and promoting the destination, and international office operations. Annual report 16. The Board shall, not later than 6 months after the expiration of each financial year, submit to the Minister a report on the activities of the Board during that financial year and thereafter the Minister shall lay the Report before the National Assembly. PART IV - MISCELLANEOUS Directions by Minister 17.(1) The Minister may, from time to time, give the Board directions in respect of the policy to be followed by the Board and the Board shall comply with such directions. (2) The Minister may, from time to time, direct the Board to furnish the Minister with returns, accounts and other information with respect to the affairs of the Board and the Board shall comply with such directions. Access to Information, Data and Statistics 18.(1) The Board shall provide the Ministry with timely access to all relevant information, data, and statistics generated, collected or held by the Board, including but not limited to market-research data, marketing performance metrics, event performance data, campaign analytics, and other relevant tourism-related indicators. [2nd April 2026] Seychelles Tourism Board Act 18 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE ACT (2) The data and information provided under subsection (1) shall serve for the purposes of performance evaluation, monitoring, management, and strategic planning of national tourism policies and initiatives. Acts or proceedings of the Board deemed not to be invalid 19. The Board may act notwithstanding any vacancy among its members, and any act or proceeding of the Board shall not be, or deemed to be, invalid by reason only of the existence of any vacancy among its members or any defect in the appointment of a member thereof. Application of certain Penal Code provisions 20. The members and officers of the Board shall be deemed to be employees of the public service for the purpose of sections 91 to 96 of the Penal Code and those sections shall apply to them. Protection for acts or omissions done in good faith 21. No liability civil or criminal shall attach to the STB, a member or an officer of the STB in respect of an act done or omission made in good faith in the performance of the functions of the STB or such member or officer as the case may be. Confidentiality 22.(1) Any employee or member of a committee of the Board shall not disclose any information which may come to his or her knowledge in the exercise, performance and discharge of his or her powers, duties and functions under this Act, except where disclosure is permitted by any written law or an order of a competent court. (2) Any employee or member of a committee of the Board who contravenes subsection (1), commits an offence and shall, on conviction be liable to a fine not exceeding level 3 of the Standard Scale. Regulations 23. The Minister may make regulations in respect of any matter which is required by this Act to be prescribed or in respect of which regulations are authorized or required to be made for the purpose of carrying out or giving effect to the provisions of this Act. Transfer of staff 24. The Department of Public Administration may, by an order, transfer required employees from the Ministry to the STB, for its initial functioning, and such employees, shall continue their employment with the STB on terms and conditions not less favourable than those subsisting immediately prior to the date of the commencement of this Act until these are amended, varied or repealed in accordance with the Public Service Orders or any scheme of service applicable to employees of the Government, as the case may be and thereafter, the STB may appoint its own employees. [2nd April 2026] Seychelles Tourism Board Act 19 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE ACT I certify that this is a correct copy of the Bill which was passed by the National Assembly on Tuesday 24th March, 2026. Mrs. Tania Isaac Clerk to the National Assembly