Cipriani College of Labour and Co-operative Studies

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Cipriani College of Labour and Co-operative Studies
CIPRIANI COLLEGE OF LABOUR
AND CO-OPERATIVE STUDIES ACT

CHAPTER 39:51

LAWS OF TRINIDAD AND TOBAGO

Act
4 of 1972

Amended by
62 of 1975
32 of 1976
24 of 1988
1 of 1994

21 of 1997

Current Authorised Pages
Pages Authorised

(inclusive) by L.R.O.
1–14 ..

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Note on Subsidiary Legislation
This Chapter contains no subsidiary legislation.

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LAWS OF TRINIDAD AND TOBAGO

and Co-operative Studies Chap. 39:51 3
Cipriani College of Labour

CHAPTER 39:51

CIPRIANI COLLEGE OF LABOUR AND
CO-OPERATIVE STUDIES ACT

ARRANGEMENT OF SECTIONS

SECTION

1. Short title.
2. Interpretation.

CIPRIANI COLLEGE OF LABOUR AND
CO-OPERATIVE STUDIES

ESTABLISHMENT AND MANAGEMENT
3. Establishment of College.
4. Board of Governors.
5. Appointment of Chairman and Deputy Chairman.

Meetings.
6. Members to be paid remuneration.
7. Custody and use of seal.
8. Board may appoint committees.
9. Members of Board to be member of Committee.

10. Terms and conditions of appointment of members not being members
of the Board to the Committee.

11. Board may reject report of Committee.

DUTIES AND POWERS
12. Duties of the College.
13. Board subject only to general directions of Government given by the

Minister.
14. General.
15. Personnel.
16. Responsibility of Accounting Officers.
17. Financial.
18. Minister may guarantee loans.
19. Board to make payments in fulfilment of guarantee.
20. Vesting of property.

PROPERTY OF THE COLLEGE
21. Funds and resources of the Board.
22. Application of funds of Board.
23. Surplus funds to be invested.

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ARRANGEMENT OF SECTIONS—Continued
SECTION

24. Auditing of accounts.
25. Rules.

MISCELLANEOUS
26. Reference to former Board.
27. Pending legal proceedings may be continued against the Board.
28. Free postage.
29. Commencement and validation of acts.

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LAWS OF TRINIDAD AND TOBAGO

and Co-operative Studies Chap. 39:51 5
Cipriani College of Labour

CHAPTER 39:51

CIPRIANI COLLEGE OF LABOUR AND
CO-OPERATIVE STUDIES ACT

An Act to provide for the establishment and administration
of the Cipriani College of Labour and Co-operative
Studies and for matters connected therewith.

[14TH FEBRUARY 1972]

1. This Act may be cited as the Cipriani College of Labour
and Co-operative Studies Act.

2. In this Act, “Board” means the Board of Governors
appointed under section 4(1).

CIPRIANI COLLEGE OF LABOUR AND
CO-OPERATIVE STUDIES

ESTABLISHMENT AND MANAGEMENT

3. There is hereby established for the purposes of this Act the
Cipriani College of Labour and Co-operative Studies, hereinafter
referred to as “the College” which is a charitable body corporate.

4. (1) The affairs of the College shall be managed by a
Board of Governors consisting of nine members appointed by
the Minister as follows:

(a) four members nominated by the organisation of
trade unions most representative of labour in
Trinidad and Tobago;

(b) the Permanent Secretary of the Ministry with
responsibility for Labour, or his representative;

(c) an educator nominated by the Minister with
responsibility for Education;

(d) the Commissioner for Co-operative Development
or his representative; and

(e) two members from the general public.

*Act No. 62 of 1975 which was passed on the 18th December 1975 provided for the
commencement of the Cipriani Labour College Act and also validated all acts done under
that Act between the 14th February 1972 and the 18th December 1975.

4 of 1972.

Commencement.
[62 of 1975]*.

Short title.
[21 of 1997].

Interpretation.
[21 of 1997].

Establishment of
College.
[21 of 1997].

Board of
Governors.
[24 of 1988
1 of 1994].

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(2) Members appointed to the Board under subsection 1(a)
and (e) shall, subject to subsections (5) and (6) hold office for a
period not exceeding three years.

(3) Outgoing members shall be eligible for reappointment
to the Board.

(4) A member appointed under subsection (1)(a) and (e)
may at any time resign his membership by instrument in writing
addressed to the Minister.

(5) In the event of any member of the Board either—
(a) being absent without leave of the Board from three

consecutive monthly meetings of the Board; or
(b) failing to attend a minimum of eight monthly

meetings in any year commencing from the date
of his appointment to the Board,

such member shall be deemed to have vacated his office, but
where the Board grants leave of absence to any of its members
for any such period as it thinks fit, this subsection shall not apply
to such member.

(6) The appointment of any person as a member and the
termination of appointment of any person as a member whether
by death, resignation or otherwise shall be published in the Gazette.

(7) Any appointment of a person as a member to fill the
vacancy occurring under subsection (5) or (6) shall be for the
unexpired portion of the term of the member whom he is appointed
to replace.

(8) If any member of the Board is temporarily prevented
by illness or any other cause from exercising his functions as a
member of the Board, the Minister may appoint some other person
to act in his stead for the period of such illness or incapacity.

5. (1) There shall be appointed by the Minister from among
the members of the Board, a Chairman and a Deputy Chairman
whose term of office shall be three years. The first Chairman and
Deputy Chairman shall be appointed within one month of the
appointment of the Board.

Appointment of
Chairman and
Deputy
Chairman.

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(2) The Board shall meet at least once a month and at
such other times as may be necessary or expedient for the
transaction of business and such meetings shall be held at such
place and time and on such days as the Board may determine.

(3) The Chairman may at any time call a special meeting
and he shall call such a meeting within seven days of receipt of a
requisition for that purpose addressed to him by any three members.

(4) The Chairman or in his absence the Deputy Chairman
shall preside at all meetings, save that in the case where both the
Chairman and the Deputy Chairman are absent, the Board shall
appoint one of the members present to preside at that meeting.

(5) Four members of the Board shall constitute a quorum.
(6) The Board shall be deemed to be properly constituted

for all purposes, notwithstanding any vacancy in its membership
or any defect in the appointment of its members.

(7) The Chairman or the Deputy Chairman may at any
time resign as Chairman or Deputy Chairman, as the case may be,
by instrument in writing addressed to the Minister.

(8) The Chairman or other person presiding at any meeting
shall have an original vote and, in any case in which the voting is
equal, a casting vote.

(9) Minutes in proper form of such meeting shall be kept
by the Secretary/Treasurer and shall be confirmed by the Chairman
or other person presiding at the subsequent meeting; certified copies
of such Minutes when so confirmed shall be forwarded to members
of the Board.

(10) The Board may co-opt any one or more persons to
attend any particular meeting of the Board for the purpose of
assisting or advising the Board, but no such co-opted person or
persons shall have any right to vote.

(11) Subject to this section, the Board may make rules
for the regulation of its own proceedings.

(12) The Director may be requested to attend meetings
of the Board, but he shall not exercise the right to vote.

Meetings.

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6. Subject to the approval of the Minister the Board may
pay to its members such remunerations and allowances as it
may determine.

7. (1) The Seal of the Board shall be kept in the custody of
the Secretary to the Board of Governors.

(2) The Seal of the Board shall be attested by the signature
of the Chairman or one member of the Board duly authorised by
the Board to act in that behalf.

(3) All documents, other than those required by law to be
under Seal, made by, and all decisions of, the Board may be signified
under the hand of the Chairman or a member duly authorised.

8. The Board may appoint committees to examine and report
to it on any matter whatsoever arising out of or connected with
any of its powers and duties under this Act.

9. A committee appointed under section 8 shall consist
of at least one member of the Board and such other persons as
the Board may decide whose assistance or advice the Board
may desire.

10. Where persons not being members of the Board are
members of a committee, the Board may, with the approval of the
Minister first had and obtained, appoint them on such terms and at
such remuneration as the Minister may approve.

11. The Board may reject the report of any such committee
appointed under section 8 or adopt it either wholly or with such
modifications, additions or adaptations as the Board may think fit.

DUTIES AND POWERS

12. The College shall—
(a) provide educational facilities and courses for

Trade Unions and Co-operatives and workers
generally in such fields as may be approved from
time to time by the Board of Governors;

Members to be
paid
remuneration.

Custody and use
of seal.

Board may
appoint
committees.

Members of
Board to be
member of
Committee.

Terms and
conditions of
appointment of
members not
being members
of the Board to
the Committee.

Board may
reject report of
Committee.

Duties of the
College.

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(b) issue certificates and diplomas in connection with
its courses;

(c) co-operate with other educational institutions or
bodies established for the advancement of
workers’ education generally;

(d) co-operate with the labour movements in the
Caribbean;

(e) promote and encourage the educational facilities
and courses referred to in paragraph (a) both in
Trinidad and Tobago and elsewhere by the grant
of prizes, scholarships, or other awards or
distinctions and by such other means as may from
time to time be determined;

(f) pursue all charitable objects or things and undertake
such charitable trusts as are incidental or conducive
to the performance of the above duties.

13. In the exercise and performance of its functions, powers
and duties under this or any other written law the Board shall act
in accordance with any general directions of the Government, given
to it by the Minister, but subject to this section, the Board, shall,
when exercising and performing its functions, powers and duties,
be subject to the control or direction of no other person or authority.

14. Subject to this Act, the Board may do all such things as
are necessary or convenient for the purpose of exercising the powers
and performing the duties and functions conferred on it by this
Act, and in particular the Board may charge fees for admission to
and participation in its courses.

15. (1) The Board may appoint subject to the approval of the
Minister on such terms and conditions as it thinks fit, a Director, a
Secretary/Treasurer and such other Staff as may be necessary for
the proper performance of the duties of the College.

(2) The Director shall be responsible for carrying out the
directions of the Board and in the performance of his duties the
Director is subject to the control of the Board.

Board subject
only to general
directions of
Government
given by the
Minister.
[32 of 1976].

General.

Personnel.
[1 of 1994].

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(3) An annual salary in a sum that is equivalent to or
exceeds the sum of ten thousand dollars or such greater amount as
the Minister may prescribe shall not be assigned to any post without
the prior approval of the Minister.

(4) Notwithstanding section 13, the terms and conditions
of service of a pensionable office and any variation of those terms
and conditions of service are subject to the approval of the Chief
Personnel Officer.

16. (1) Members of staff charged with the receipt,
accounting for or disbursement of moneys or with the custody or
delivery of stores or other property of the College shall be
individually responsible for the due and efficient discharge of their
respective duties, and for the exercise of proper supervision of the
accounts kept or controlled by them and of all property entrusted
to their care and for the due observance of all rules and regulations,
and of all orders and instructions prescribed for their guidance.

(2) No member of staff or of the Board is liable to
surcharge and no action shall be brought personally against any
such member in respect of any act done bona fide in the execution
of his duties under this Act notwithstanding section 31 of the
Exchequer and Audit Act.

(3) When any member of the Board is exempt from
liability by reason only of subsection (2), the Board is liable to
the extent that it would be if the said member was a servant of
the Board.

(4) The Board may require any member of its staff to give
security to its satisfaction for the due performance of his duties.

17. (1) The Board shall so exercise and perform its functions
as to ensure that the revenues of the College are not less than
sufficient to—

(a) cover operating expenses including taxes, if any,
and to prove adequate maintenance and
depreciation and interest payments on borrowing;

Responsibility
of Accounting
Officers.

Ch. 69:01.

Financial.

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(b) meet periodical repayment on any long-term
indebtedness to the extent that any such repayment
exceeds the provisions for depreciation;

(c) create reserves for the purpose of future expansion.
(2) Subject to subsection (1), the Board may in such

manner as is considered appropriate, but subject to the approval of
the Minister of Finance borrow sums required for meeting any of
the obligations of the College or discharging any of the functions.

18. (1) With the prior approval of Parliament, the Minister
may guarantee, in such manner and on such conditions as he may
think fit, the repayment of the principal and interest on any
authorised borrowing of the College.

(2) Immediately after any guarantee is given under this
section, the Minister shall lay a statement of the guarantee
before Parliament.

(3) Where the Minister is satisfied that there has been
default in the repayment of any principal or interest guaranteed
under this section, he may with the prior approval of Parliament
direct the repayment out of the general revenue of the amount in
respect of which there has been such default.

(4) Where any sum is issued for fulfilling such a
guarantee, the Minister shall, as soon as possible after the end of
each financial year beginning with that in which the sum is issued
and ending with that in which all liability in respect of the principal
of the sum and in respect of interest thereon is finally discharged,
lay before Parliament a statement relating to that sum.

19. (1) The Board shall make to the Comptroller of Accounts,
at such time and in such manner as the Minister may direct,
payments of such amounts as may be so directed on or towards
repayment of any sums issued in fulfilment of any guarantee given
under section 18(1), any payments of interest on any outstanding
balance thereon at such rate as the Minister may direct, and different
rates of interest may be directed as regards different sums and as
regards interest for different periods.

Minister may
guarantee loans.

Board to make
payments in
fulfilment of
guarantee.

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(2) The Minister shall lay before Parliament a statement
of any payment due from the College under this section which is
not duly paid to the Comptroller of Accounts as required thereunder.

(3) In this and in section 18, “Minister” means the
Minister responsible for Finance.

*20. Upon the commencement of the Cipriani Labour College
(Amendment) Act, 1997—

(a) all land and other property of every kind including
things in action, vested or deemed to be vested
immediately before the commencement of the
Cipriani Labour College (Amendment) Act, 1997,
in the former Cipriani Labour College are vested
in the College;

(b) all the rights, privileges and advantages, and all
the liabilities and obligations that immediately
before the commencement of the Cipriani Labour
College (Amendment) Act, 1997, the former
Cipriani Labour College in relation to the matters
respectively referred to in paragraph (a) was
entitled or subject to, as the case may be, are hereby
transferred to and conferred or imposed upon the
College for the purposes of the Cipriani Labour
College (Amendment) Act, 1997.

PROPERTY OF THE COLLEGE

21. The funds and resources of the Board shall consist of—
(a) such amounts as may be appropriated therefor

by Parliament;
(b) all sums from time to time falling due to the

College in respect of its operations;
(c) sums borrowed by the College in accordance with

section 17(2);
(d) all other sums or property that may in any

manner become payable or vested in the Board
in respect of any matter incidental to its powers
and duties.

Vesting of
property.
[21 of 1997].

Funds and
resources of the
Board.

* The Cipriani Labour College (Amendment) Act, 1997 came into operation on August 15,1997.

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and Co-operative Studies Chap. 39:51 13
Cipriani College of Labour

22. (1) The funds of the College in any financial year shall
be applied in defraying the following charges:

(a) the remuneration, fees and allowances of the
members of the Board, or of any Committee of
the Board;

(b) the salaries, fees or other remuneration and
superannuation benefits of the Officers, Agents
and Servants and Technical and other Advisers
of the Board;

(c) interest on any loan raised by the College;
(d) such sums as it may be deemed appropriate to set

aside in respect of depreciation on the property
of the College;

(e) any other expenditure authorised by the Board
and properly chargeable to revenue.

(2) The balance of the revenue of the Board shall be
applied to the creation of reserve funds to finance future expansion.

23. Funds of the College not immediately required to be
expended in the meeting of any obligation or the discharge
of any functions of the Board may be invested from time to
time in securities approved by the Minister for investment
by the Board.

24. (1) The accounts of the College shall be audited by
auditors to be appointed annually by the Board or under the
supervision of the Auditor General in accordance with the
Exchequer and Audit Act if so directed by resolution of Parliament.

(2) After the end of each financial year, the Board shall
as soon as the accounts of the College are audited cause a copy of
the statement of accounts to be transmitted to the Minister together
with a copy of any report made thereon by the auditors.

(3) The Minister shall cause a copy of every such
statement and report to be laid before Parliament.

Application of
funds of Board.

Surplus funds to
be invested.

Auditing of
accounts.

Ch. 69:01.

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25. (1) Subject to this Act, the Board may make rules—
(a) providing for the proper conduct of its

proceedings, the discharge of its duties and the
performance of its functions;

(b) relating to its common seal;
(c) prescribing the duties of officers and servants of

the Board and their conditions of service.
(2) Rules made under subsection (1)(c) that relate to or

affect a pensionable office shall not come into operation unless
they are approved by the Chief Personnel Officer.

MISCELLANEOUS

26. A reference in any deed, contract, bond, security or other
document to the Board of the former Cipriani Labour College shall,
upon the commencement of the Cipriani Labour College
(Amendment) Act, 1997, be construed as a reference to the College.

27. Legal proceedings pending immediately before the
commencement of the Cipriani Labour College (Amendment) Act,
1997 by or against the former Cipriani Labour College in relation to
any matter connected with any deed, contract, bond, security or other
document mentioned in section 20 may be continued on and after
the commencement of this Act by or against the College as the party
to the proceedings instead of the former Cipriani Labour College.

28. The College shall be allowed the privilege of free
postage within Trinidad and Tobago for its correspondence,
notices and publications.

29. Notwithstanding any rule of law to the contrary, this Act
shall be deemed to have come into operation on the 14th February
1972, and all acts or things done by the College or by any person,
Board or Committee acting on its behalf in the purported exercise
of any of its functions, duties and powers under this Act between
the 14th February 1972 and the 18th December 1975 shall be
deemed to have been lawfully and validly done.

Rules.
[1 of 1994].

Reference to
former Board.
[21 of 1997].

Pending legal
proceedings
may be
continued
against the
Board.
[21 of 1997].

Free postage.

Commencement
and validation
of acts.
[62 of 1975].

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