College of Science, Technology and Applied Arts of Trinidad and Tobago
Current Authorised Pages
Pages Authorised
(inclusive) by L.R.O.
1–4 ..
5–24 ..
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L.R.O.
Act
77 of 2000
Amended by
179/2006
LAWS OF TRINIDAD AND TOBAGO
CHAPTER 39:56
COLLEGE OF SCIENCE, TECHNOLOGY AND
APPLIED ARTS OF TRINIDAD AND TOBAGO ACT
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UPDATED TO DECEMBER 31ST 2014
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Note on Subsidiary Legislation
This Chapter contains no subsidiary legislation.
College of Science, Technology and Applied Arts
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College of Science, Technology and Applied Arts
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CHAPTER 39:56
COLLEGE OF SCIENCE, TECHNOLOGY AND
APPLIED ARTS OF TRINIDAD AND TOBAGO ACT
ARRANGEMENT OF SECTIONS
SECTION
1. Short title.
2. Interpretation.
PART I
ESTABLISHMENT, MANAGEMENT, FUNCTIONS AND
POWERS OF THE COLLEGE
3. Establishment of the College, its composition and objectives.
4. Board of Trustees.
5. Powers of the Board.
6. Composition of the Board.
7. Term of office.
8. Termination of membership.
9. Meetings.
10. Minutes.
11. Disclosure of interest of Board.
12. Committees of the Board.
13. President of the College.
14. Vice-President.
15. Seal.
16. Faculty Senate.
17. Power of the Senate.
18. Meeting of the Senate.
19. Alumni Association.
20. Student Council.
PART II
FINANCIAL PROVISIONS
21. Funds.
22. Exemption from tax.
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ARRANGEMENT OF SECTIONS—Continued
SECTION
23. Estimates of expenditure.
24. Accounts and audit.
25. Financial year.
26. Borrowing.
27. Financial control.
PART III
STAFF AND RELATED MATTERS
28. Employment of staff.
29. Secondment.
30. Transfer to College.
31. Hourly, daily and weekly-rated employees.
32. Establishment of pension fund plan.
33. Preservation and accrual of superannuation benefits.
34. Payment of superannuation benefits by Board prior to the
establishment of the pension fund plan.
35. Payment of superannuation benefits by pension fund plan.
36. Representation.
37. Preservation of Collective Agreement.
38. Preservation of terms and conditions.
PART IV
MISCELLANEOUS
39. Vesting of property.
40. Saving of State and liabilities.
41. Amendment to Schedule.
SCHEDULE.
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College of Science, Technology and Applied Arts
of Trinidad and Tobago Chap. 39:56 5
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
77 of 2000.
Commencement.
263/2000.
Short title.
Interpretation.
Ch. 23:59.
Ch. 14:01.
CHAPTER 39:56
COLLEGE OF SCIENCE, TECHNOLOGY AND
APPLIED ARTS OF TRINIDAD AND TOBAGO ACT
An Act to provide for the establishment and administration of
the College of Science, Technology and Applied Arts of
Trinidad and Tobago and for matters connected therewith.
[6TH NOVEMBER 2000]
1. This Act may be cited as the College of Science,
Technology and Applied Arts of Trinidad and Tobago Act.
2. In this Act—
“academic award” means a degree, diploma, certificate and
other certification of academic achievement awarded by
the College;
“academic staff” means all teaching and non-teaching staff
appointed to such academic posts as are designated by
the Board;
“Board” means the Board of Trustees appointed under section 4;
“Chairman” means the Chairman of the Board or Chairman of
the Senate as the case may be;
“member” means a member of the Board including a person
appointed as a temporary member;
“Minister” means the Minister to whom responsibility for tertiary
education is assigned;
“non-academic staff” means the full-time employees of the
College who are not academic staff;
“pension law” has the meaning assigned to it by the Law
Reform (Pensions) Act, except for the reference to the
Defence Act;
“President” means the President of the Republic of Trinidad
and Tobago;
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Ch. 1:01.
Schedule.
Establishment
of the College,
its composition
and objectives.
“President of the College” means the President of the College
appointed pursuant to section 13;
“Public Service” has the meaning attributed to it in the
Constitution of the Republic of Trinidad and Tobago;
“Scheduled TLIs” means the Tertiary Level Institutions set out in
the Schedule;
“security” includes a mortgage or charge, whether legal or
equitable, debenture, guarantee, lien, pledge whether actual
or constructive, indemnity, undertaking or other means of
security, payment or discharge of a debt or liability or
obligation whether present or future, actual or contingent;
“Senate” means the Faculty Senate constituted under section 16;
“Service Commission” means the Public Service Commission,
the Police Service Commission, the Statutory Authorities’
Service Commission or the Teaching Service Commission;
“student” means a person enrolled by the College;
“superannuation benefits” includes pension, gratuity and other
allowances;
“undertaking” means the business of educational instruction
engaged in or carried on by any of the Scheduled TLIs or
any part of the business so engaged in or carried on.
PART I
ESTABLISHMENT, MANAGEMENT, FUNCTIONS AND
POWERS OF THE COLLEGE
3. (1) There is hereby established a body corporate to be
known as the College of Science Technology and Applied Arts of
Trinidad and Tobago (COSTAATT) (hereinafter referred to as
“the College”).
(2) The College as incorporated shall be comprised of
those institutions listed in the Schedule.
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Board of
Trustees.
Powers of
the Board.
(3) The objects of the College are to—
(a) contribute to national and regional
development, social equity and the development
of civil society by providing broad-based access
to socially responsive and innovative
educational programmes and by encouraging
scholarly work and applied research;
(b) provide programmes that meet internationally
acceptable standards, to foster professional and
personal development, to prepare students for
careers and for advanced study in the areas of
science, technology and applied arts;
(c) promote a culture of excellence by creating and
maintaining an academic climate that fosters
innovation, discipline, tolerance of diversity,
criticism, self evaluation and peer assessment;
(d) promote cross-cultural understanding and
mutual respect among peoples;
(e) strive to be a centre of excellence for scholarly
work and applied research.
4. The College shall be managed by a Board of Trustees
(hereinafter referred to as “the Board”) for the purpose of
exercising and performing such duties as are conferred upon it by
this Act and any other written law.
5. (1) The College is a teaching, research and examining
body and in furtherance thereof the Board shall have power to—
(a) grant and confer academic awards under such
conditions it prescribes;
(b) revoke academic awards for good cause (for
example, academic dishonesty);
(c) prescribe the conditions under which persons
may be admitted as students of the college;
(d) accept the examinations passed and periods of
study spent at other institutions as equivalent to
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Ch. 81:01.
its own examination and periods of study in
the College and to revoke such acceptance at
any time;
(e) to institute professorships, lectureships, offices
and posts as it may consider appropriate, and to
appoint and remove persons thereto, prescribe
their conditions of service, and provide for their
discipline;
(f) to institute fellowships, scholarships, bursaries
and other aids to facilitate study and research;
(g) to undertake research, consulting and related
services;
(h) to make provisions for the welfare and the
discipline of students of the college;
(i) to set, charge and receive fees;
(j) to receive and accept legacies, endowments,
bequests and other gifts, to receive contributions
to the funds of the College, and to invest,
borrow and raise money as it deems fit;
(k) to establish, hire, lease, own, maintain,
administer, govern, license and supervise
facilities as it deems fit;
(l) to do all other things as a body corporate can
do in accordance with section 21 of the
Companies Act;
(m) to make provisions for the welfare of its staff
and their dependants;
(n) to provide and equip physical facilities;
(o) to join, co-operate or enter with other
institutions in the furtherance of its aims;
(p) to join or co-operate with any institution of
learning, government department, public or
private body, company or association to
promote mutually beneficial activities
consistent with the aims of the College;
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Composition of
the Board.
(q) to affiliate with or incorporate into the College
another institution including acquiring its assets
and liabilities for purposes consistent with this
Act; and
(r) to do all such other acts and things as may be
required to further the aims of the College.
(2) No personal liability shall attach to a member of a
Board for anything done, permitted to be done or omitted to be
done in good faith in the course of the Board exercising the
powers of the College pursuant to this Act.
6. (1) The Board shall consist of fifteen members selected
as follows:
(a) eleven members appointed by the President;
(b) the President of the College who is ex officio a
member of the Board;
(c) a representative designated by the Student
Council;
(d) a representative designated by the Faculty Senate;
(e) a representative designated by the body
representing the non-academic staff.
(2) The members of the Board appointed by the
President under subsection (1)(a) shall be selected from amongst
persons who have qualifications or wide experience and ability in
legal, health, financial, business, information technology, labour
relations, education and training matters.
(3) The President shall appoint a Chairman and Vice-
Chairman from amongst the members of the Board appointed
under subsection (1)(a).
(4) Notwithstanding subsections (1) and (2), vacancies
in the membership of the Board or any defect in the appointment
or designation of any member shall not affect its legal existence,
unless its membership is reduced to less than ten.
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Term of office.
Termination of
membership.
7. (1) Subject to subsection (4) members of the Board shall
hold office for a term not exceeding three years and are eligible
for reappointment.
(2) Where a vacancy occurs by reason of death,
resignation or termination of appointment, the President shall
appoint another person to fill the vacancy in the same manner in
which the appointments to the Board are required by this Act to
be made.
(3) The President may appoint a temporary member to
the Board where a member has been granted leave of absence or
is otherwise temporarily unable to serve on the Board.
(4) A member may resign his appointment by giving one
month’s notice in writing to the President.
(5) The appointment of any person to the Board and the
termination of appointment of any person whether by death,
resignation or otherwise shall be notified in the Gazette.
(6) A member shall be paid such remuneration and
allowances in respect of his office as the President may determine
from time to time.
8. (1) A person shall cease to be a member of the Board
where he—
(a) has been absent from three consecutive
meetings, except where he has been granted
leave by the Board;
(b) has been declared bankrupt;
(c) is incapacitated by physical or mental illness;
(d) has been sentenced to a term of imprisonment
without the option of a fine or is convicted of
any offence involving dishonesty; or
(e) is otherwise unable or unfit to discharge his
functions or to hold office by reason of illness or
any other reason.
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Meetings.
Minutes.
(2) The President may declare the office of any member
to be vacant if he is satisfied by virtue of subsection (1) that such
member can no longer hold office.
(3) The President shall declare a vacancy in such manner
as he thinks fit, and thereupon that office shall become vacant.
(4) In the case of the President of the College and other
designated members of the Board, the Chairman may, after
consultation with the Board declare the office of any such
member to be vacant if he is satisfied by virtue of subsection (1)
that such member can no longer hold office.
9. (1) The Board shall meet at least once every quarter and
at such other times as may be necessary to transact the business
of the College.
(2) The Chairman, or in his absence the Vice-Chairman,
shall preside at all meetings of the Board save that in the case
where both the Chairman and Vice-Chairman are absent, the
members present may choose one of the appointed members to
preside at that meeting.
(3) The decisions of the Board shall be by a majority of
votes of its members present and voting and in the case of
equality of votes the Chairman of the meeting at which the vote
is taken shall have a second and casting vote.
(4) The Board may make rules for the regulation of its
proceedings and the conduct of its business.
(5) Seven members of the Board shall constitute a quorum.
10. (1) Minutes in proper form of each meeting of the Board
or Senate or any committee thereof, shall be kept under the
direction of the Secretary.
(2) All decisions, orders, rules and regulations made by
the Board relating to the operations of the College shall be
recorded in the minutes of the Board.
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Disclosure of
interest of
Board.
Ch. 45:55.
Committees of
the Board.
11. (1) Every member of the Board shall, on appointment
and annually thereafter, submit to the Chairman a declaration that
he has no pecuniary interest in any business or any body
corporate carrying on any business with the College in the
exercise of its business.
(2) A member who has a pecuniary interest in a matter
being considered by the Board shall, as soon as possible after the
relevant facts come to his knowledge, disclose the nature of this
interest before the Board’s deliberation on the matter.
(3) A disclosure under subsection (2) shall be recorded
in the minutes of the meeting of the Board and after such
disclosure the member shall neither be present during any
deliberation of the Board nor take part in any decision of the
Board, with respect to that matter.
(4) For the purposes of this section, a person who, or a
nominee or relative of whom, is a shareholder who owns shares
in excess of five per cent or is a partner in a company or other
body of persons other than a statutory authority or who is an
employee thereof, shall be treated as having a pecuniary interest.
(5) In this section “relative” means spouse, cohabitant
within the meaning of the Cohabitational Relationships Act,
father, mother, brother, sister, son or daughter of a person.
(6) A member who fails to comply with the provisions
of this section is liable on summary conviction to a fine of fifty
thousand dollars unless he proves that he was unaware that—
(a) the matter in which he has an interest was the
subject of consideration at the meeting; or
(b) he had an interest in the matter under
consideration at the meeting.
12. (1) The Board may appoint committees to examine and
report to it on any matter whatsoever arising out of or connected
with any of its functions under this Act.
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LAWS OF TRINIDAD AND TOBAGO
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President of
the College.
Vice-President.
(2) A committee appointed under this section shall
consist of at least one Board member and such other persons
whose assistance or advice the Board may require.
(3) In relation to the purpose for which it was
established, a committee shall have and exercise such of the
powers of the Board under this Act as are specified in the terms
of reference of the committee.
(4) The Board is not bound by any report submitted to it
by any committee appointed under this section and the Board may
reject or adopt a report wholly or partly or with such modifications,
additions or adaptations as the Board thinks fit.
(5) The Board may dissolve or suspend the operations of
any committee at any time.
(6) The Board shall prescribe the composition and
procedure of any committee.
13. (1) The Board shall appoint a President of the College,
for a term not exceeding five years on such terms and conditions
as are agreed upon between the Board and the President of
the College.
(2) The President of the College shall—
(a) manage the affairs of the College subject to the
directions of the Board;
(b) attend all meetings of the Board and take part in
its deliberations but he shall have no right to vote.
(3) The appointment of the President of the College and
the termination of his appointment, whether by death, resignation
or otherwise, shall be published in the Gazette.
(4) The President of the College shall be eligible
for reappointment.
14. (1) The Board on the recommendation of the President
of the College shall appoint a Vice-President of Academic Affairs,
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Seal.
Faculty
Senate.
a Vice-President of Finance and Administration and a Vice-
President of Student Affairs and such other Vice-Presidents as it
may deem appropriate.
(2) The Board after consultation with the President of
the College shall determine the duties and functions of the
Vice-Presidents.
(3) A Vice-President shall be appointed for a term of not
more than five years as the Board may determine after consultation
with the President of the College and on such terms and conditions
as are agreed upon by the Board and the Vice-President.
(4) A Vice-President shall be eligible for reappointment.
15. (1) The Seal of the College shall be kept in the custody
of the President of the College.
(2) The Seal of the College shall only be used with the
authority of the Board and every instrument to which the Seal is
affixed shall be signed by a member, on the authorisation of the
Board, and countersigned by the President of the College.
(3) All documents other than those required by law to be
under Seal, and all decisions of the Board shall be signified under
the hand of the Chairman, the President of the College and a
member duly authorised by the Board.
16. (1) There shall be a Faculty Senate of the College which
shall consist of—
(a) the President of the College;
(b) the Vice-President of Academic Affairs;
(c) the President of the Student Council or a person
nominated by him;
(d) the Deans of such teaching departments as may
be established by the Board;
(e) the Principal of each Campus;
(f) the Chair of each teaching department as may be
established by the Board;
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Power of
the Senate.
(g) the Chief Librarian of the College;
(h) one faculty representative elected from amongst
the full-time academic staff engaged in the
teaching of each programme offered by the
College;
(i) one faculty representative elected from amongst
the part-time academic staff of the College.
(2) The Board may designate additional offices which
may be included in the Senate.
(3) The Senate may make rules for the regulation of its
proceedings and the conduct of its business.
(4) Ex officio members shall hold office for so long as
they continue to occupy the positions by virtue of which they
became members while appointed and co-opted members shall
hold office for no more than two years.
(5) Elected members shall not serve for more than two
consecutive terms and shall not be eligible for reappointment
until at least one term has elapsed.
(6) The President of the College or in his absence the
Vice-President of Academic Affairs shall be the Chairman and
Vice-Chairman respectively of the Senate.
(7) If, at a meeting of the Senate the Chairman or the Vice-
Chairman of the Senate is absent, the members present may elect a
Chairman from amongst their number to preside at that meeting.
(8) Notwithstanding subsection (1), vacancies in the
membership of the Senate or any defect in the appointment or
designation of any member shall not affect its legal existence,
unless its membership is reduced to less than six.
(9) For the purposes of this section “Chair” means the
person appointed as the head of each department by the Board.
17. (1) Subject to the special or general directions of the
Board, the Senate shall be responsible for the academic
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administration of the College and shall have the control and
authority over research, academic instruction, academic policy
examinations and the eligibility of students and persons for
academic awards and other honours or distinctions.
(2) Without prejudice to the generality of subsection (1)
the Senate shall have the following functions:
(a) make recommendations to the Board regarding
the selection and appointment of senior
academic staff including the President of the
College, the Vice-Presidents, Principals, Deans
and Department Chairs;
(b) regulate the conduct of examinations, tests and
other methods of assessing courses offered by
the College;
(c) consider, develop and revise the courses of study,
instruction and education offered by the College;
(d) determine all issues relating to the academic and
other qualifications required of applicants for
admission as students to the College and the
qualifications and suitability of such persons for
the award of certification;
(e) recommend to the Board the institution of
chairs, fellowships, scholarships, bursaries,
prizes and other such awards and the suitability
of persons for the grant thereof;
(f) consider and make recommendations to the
Board on any matter relating to the College,
including the appointment of academic staff, the
creation or discontinuance of any academic unit,
programme or course of study, the creation,
suspension or abolition of any academic post,
the status and quality of any certification or
training of any other institution and the
discipline and welfare of students.
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Meeting of
the Senate.
Alumni
Association.
Student Council.
18. (1) The decisions of the Senate shall be by a majority of
votes of its members present and voting and in the case of an
equality of votes the Chairman of the meeting at which the vote
is taken shall have a second or casting vote.
(2) The quorum of the Senate shall comprise one-half of
its membership.
(3) The Senate shall be deemed to be properly constituted
for all purposes notwithstanding any vacancy in its membership or
any defect in the appointment of any of its members.
19. (1) There shall be an Alumni Association of the College
(hereinafter referred to as “the Association”).
(2) The Association shall be comprised of—
(a) the alumni of the College;
(b) such other persons holding appointments in the
College as may be invited by the Association to
become members thereof and who have made
an application to enroll by completing the
requisite forms.
(3) The Association in consultation with the Board may
make Rules regarding the Association by—
(a) prescribing its constitution including its financial
affairs and its financial accountability; and
(b) prescribing such other acts or things which may
be necessary, expedient, incidental or conducive
to the discharge of any of its functions.
(4) For the purposes of this section “alumni” means the
graduates of the College.
20. (1) There shall be a Student Council of the College.
(2) The Council shall be comprised of persons elected
from amongst students enrolled with the College.
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Funds.
Exemption
from tax.
(3) The Student Council, after consultation with the
Board, may make rules concerning the Student Council by—
(a) prescribing its constitution including its financial
affairs and its financial accountability; and
(b) prescribing such other acts or things which may
be necessary or expedient or incidental or
conducive to the discharge of any of its functions.
PART II
FINANCIAL PROVISIONS
21. The funds and resources of the College shall consist of—
(a) such amounts as may be appropriated therefore
by Parliament;
(b) special grants or funds as may from time to time
be provided by Government for the financing of
special programmes, projects and activities;
(c) sums arising from grants, covenants, donations,
endowments, bequests and other gifts and
receipts from other persons including national
and international bodies;
(d) all sums received by or falling due as fees for
tuition or as payments for services rendered or the
sale of any asset or the provision of facilities;
(e) sums received from the use of the College’s
patents, copyright, trademarks or processes;
(f) sums borrowed by the College;
(g) all other sums or property that may in any
manner become lawfully payable to or vested in
the College in respect of any matters incidental
to its functions.
22. (1) The College is exempt from the payment of stamp
duty, corporation tax, Customs duty, purchase taxes, motor vehicle
taxes, and all other taxes, charges, levies and imposts on its income
or profit or on assets which it acquires for its own use.
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Estimates of
expenditure.
Accounts and
audit.
Ch. 1:01.
(2) Where—
(a) goods are imported by the College for and on
behalf of the College;
(b) the commercial sale to the College of goods or
services is in the opinion of the Board of Inland
Revenue required for the purposes of the College,
the goods and services shall be exempt from Value Added Tax.
23. (1) The Board shall, at least three months before the
commencement of each financial year, submit to the Minister, for
his approval, estimates of expenditure in such form as the
Minister of Finance may prescribe in accordance with GAAP.
(2) The estimates of expenditure, as approved by the
Minister, shall be the expenditure budget of the College for the
financial year to which it relates.
24. (1) The Board shall keep proper books of accounts and
records, in accordance with GAAP, of all moneys received and
expended and shall record the matters in respect of which such
sums were received and expended.
(2) Within three months after the end of each financial
year the Board shall cause to be prepared, in respect of that year—
(a) a report setting out the activities of the
Board; and
(b) financial statements prepared in accordance
with GAAP and any other statement as required
by the Minister of Finance.
(3) In instances where the standards included in GAAP are
inappropriate or inadequate the Treasury shall provide instructions.
(4) The accounts of the College are public accounts of
Trinidad and Tobago for the purposes of section 116 of the Constitution.
(5) As soon as the accounts of the College have been
audited, the Auditor General shall submit his report in accordance
with section 116 of the Constitution and shall forward a copy of
the said report to the Minister.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Ch. 69:01.
Financial year.
Borrowing.
(6) The Minister shall cause a copy of every such report
submitted under subsection (3) to be laid before Parliament.
(7) For the purposes of an audit conducted pursuant to
this Act, the Exchequer and Audit Act shall apply as if an audit
referred to in this Part is one to which the Act applies.
(8) Nothing in this section precludes the Auditor General
or an auditor engaged by the Board from performing a management
or comprehensive audit of the activities of the College.
(9) “GAAP” means Generally Accepted Accounting
Practice which includes the international accounting standards
adopted by the Institute of Chartered Accountants of Trinidad
and Tobago.
25. (1) The financial year of the College shall be the period
of twelve months beginning the first day of October in any year to
the thirtieth day of September in every year, but the period from the
date of commencement of this Act to the end of September next
following shall be deemed to be the first financial year.
(2) The Board may, with the approval of the Minister of
Finance, vary the financial year of the College.
26. (1) The Board may, for the purpose of discharging its
functions under this Act, borrow such sums of money as it may
deem expedient.
(2) The Minister with responsibility for Finance may, on
behalf of the Government, out of money appropriated by the
Parliament for that purpose, lend money to the College on such
terms and conditions as he determines, in writing.
(3) The College may, with the approval of the Minister
of Finance, borrow money from bodies or persons other than
the Government.
(4) Money may be borrowed wholly or partly in foreign
currency.
(5) The College may with the approval of the Minister
with responsibility for Finance, give security over the whole or
College of Science, Technology and Applied Arts
20 Chap. 39:56 of Trinidad and Tobago
LAWS OF TRINIDAD AND TOBAGO
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
College of Science, Technology and Applied Arts
of Trinidad and Tobago Chap. 39:56 21
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Ch. 71:81.
Financial
control.
Employment
of staff.
Secondment.
any part of its property for the due performance of its obligations
incurred pursuant to this section.
(6) The College is a statutory authority for the purposes
of the Guarantee of Loans (Statutory Authorities) Act.
27. The Board shall by resolution make rules and
regulations for the proper control of the system of accounting and
for the finances of the College.
PART III
STAFF AND RELATED MATTERS
28. (1) The Board may employ any person, to perform such
tasks that the Board considers necessary for the due performance
of its functions and exercise of its powers under this Act, on such
terms and conditions as are agreed between the Board and the
person and subject to such maximum limit of remuneration as the
Minister determines.
(2) Section 11 applies mutatis mutandis to persons
employed by the Board under this section.
29. (1) Subject to subsection (2) an officer or employee in
the Public Service or in the service of a statutory authority may
with the consent of the Board and with the approval of the
appropriate Service Commission or other relevant body, consent
to be transferred on secondment to the service of the College.
(2) Where a transfer on secondment contemplated by
subsection (1) is effected, arrangements shall be made to preserve
the rights of the officer so transferred to any pension, gratuity or
other allowance for which he would have been eligible had he not
been seconded to the service of the College.
(3) An officer who opts for secondment under
subsection (1) shall, in relation to terms and conditions, be
treated no less favourably than if he were not so seconded.
(4) A period of secondment shall not exceed five years in
the first instance and may be extended for further periods as the
appropriate Service Commission or other relevant body determines.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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Transfer to
College.
Hourly, daily
and weekly-
rated
employees.
Ch. 88:01.
(5) An officer in the Public Service, who prior to the
commencement of this Act was employed at a Scheduled TLI may—
(a) be appointed on transfer to the service of the
College, subject to the approval of the
appropriate Service Commission or other
relevant body on such terms and conditions as
are acceptable to him and the Board;
(b) remain in the Public Service; or
(c) retire voluntarily on such terms and conditions
as are agreed upon between the person who
exercises this option or his association or trade
union and the Chief Personnel Officer.
30. An officer or employee in the Public Service or in the
service of a statutory body or a scheduled TLI may with the
consent of the Board and with the approval of the appropriate
Service Commission or relevant body consent to be appointed
on transfer to the service of the College upon such terms and
conditions as may be acceptable to him and the Board.
31. (1) Subject to any written law, every registered collective
agreement and registered memorandum of agreement within the
meaning assigned to such agreements and memoranda under the
Industrial Relations Act, in existence before January 1, 2000 to
which the Chief Personnel Officer was a party in relation to hourly,
daily and weekly-rated employees employed in the Scheduled TLIs,
shall be valid and binding on the Board and the majority trade union
which immediately prior to January 1, 2000 represented hourly,
daily and weekly-rated employees who were employed in such
TLIs and in respect of whom the Chief Personnel Officer was
deemed to be the employer under the Industrial Relations Act.
(2) For the purposes of the agreements referred to in
subsection (1) and for all other purposes related to the Industrial
Relations Act, the Board is deemed to be the successor to the
Chief Personnel Officer effective January 1, 2000.
College of Science, Technology and Applied Arts
22 Chap. 39:56 of Trinidad and Tobago
LAWS OF TRINIDAD AND TOBAGO
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
College of Science, Technology and Applied Arts
of Trinidad and Tobago Chap. 39:56 23
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Establishment
of pension
fund plan.
Preservation
and accrual of
superannuation
benefits.
Payment of
superannuation
benefits by
Board prior
to the
establishment of
the pension
fund plan.
(3) Subject to the Industrial Relations Act, the majority
trade union which immediately prior to January 1, 2000
represented the hourly, daily and weekly-rated employees who
were employed in the Scheduled TLIs and in respect of whom the
Chief Personnel Officer was deemed to be the employer under the
Industrial Relations Act, shall continue to represent such workers.
32. (1) The Board shall within two years of the date of
assent of this Act, establish a pension fund plan.
(2) All employees of the Board excluding employees
transferred on secondment shall be members of the pension
fund plan.
33. The superannuation benefits which have accrued under
a pension law to a person who exercises the option under
section 29(5)(a) or who transfers in accordance with the
provisions of section 30 shall be preserved at the date of his
employment by the Board, and such person shall continue to
accrue superannuation benefits under relevant pension law up to
the date of commencement of the pension fund plan or the date
of his transfer, whichever is later, on the basis of the pay,
pensionable emoluments or salary applicable to the office, in the
Public Service, statutory authority or scheduled TLI, which he
held immediately prior to his employment by the Board.
34. (1) Where an employee who had exercised the option
under section 29(5)(a) or who had transferred in accordance with
the provisions of section 30 and who is eligible for superannuation
benefits under a pension law dies or retires or is retrenched or his
post in the College is abolished prior to the establishment of the
pension fund plan and at the date of his death, retirement,
retrenchment or the abolition of his post, he was in receipt of a
higher salary than the pay, pensionable emoluments or salary
referred to in section 33, the superannuation benefits payable to
the employee or his estate shall be based on the higher salary.
(2) The difference between the superannuation benefits
payable on the basis of the higher salary referred to at subsection (1)
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Payment of
superannuation
benefits by
pension fund
plan.
Representation.
Preservation of
Collective
Agreement.
Ch. 88:01.
Preservation of
terms and
conditions.
and those payable under a pension law on the basis of the pay,
pensionable emoluments or salary referred to in section 33, shall
be paid by the Board.
35. (1) When an employee who had exercised the option
under section 29(5)(a) or who had transferred in accordance with
the provisions of section 30 and who is eligible for superannuation
benefits under a pension law and is a member of the pension fund
plan dies, retires or is retrenched or his post in the College is
abolished, he or his estate shall be paid superannuation benefits by
the pension fund plan at an amount which when combined with the
superannuation benefits payable under section 33 is equivalent to
the benefits based on his pensionable service in the College and
calculated at the final salary applicable to him on the date of his
death, retirement, retrenchment or the abolition of his office.
(2) For the purposes of subsection (1) “final salary” has
the meaning given to it by the pension fund plan.
36. Subject to any written law employees of the College who
have transferred from the Public Service or any statutory
authority shall, for the purpose of collective bargaining, continue
to be represented by the relevant trade union or representative
association that formerly represented them.
37. Any collective agreement or other agreement applicable
to former officers or employees in the Public Service or a
statutory authority who exercised the option under section
29(5)(a), shall be valid and binding on the relevant representative
association or trade union and the College and shall be deemed to
be registered under the Industrial Relations Act.
38. Upon the commencement of this Act and subject to any
written law a collective agreement or other agreement that
immediately prior to the commencement of this Act affected
officers or employees who were employed in the public service
or a statutory authority shall continue to have effect in relation to
such employees employed by the College.
College of Science, Technology and Applied Arts
24 Chap. 39:56 of Trinidad and Tobago
LAWS OF TRINIDAD AND TOBAGO
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
College of Science, Technology and Applied Arts
of Trinidad and Tobago Chap. 39:56 25
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Vesting of
property.
Saving of State
and liabilities.
Amendment
to Schedule.
Section 2.
[179/2006].
PART IV
MISCELLANEOUS
39. Upon the commencement of this Act, all property
belonging to the scheduled TLIs are respectively transferred to
and vested in the College.
40. (1) Upon the commencement of this Act all assets,
rights, privileges, and all liabilities and obligations that the State
or scheduled TLIs were entitled or subject to immediately before
the commencement of this Act are transferred to and conferred or
imposed upon the College.
(2) A reference in any deed, contract, bond, security or
other document to the State or a scheduled TLI shall be construed
as a reference to the College.
(3) Legal proceedings pending immediately before the
commencement of this Act by or against the State or a scheduled
TLI may be continued on or after that day by or against the State
as a party to the proceedings.
41. The Minister may by Order, amend the Schedule subject
to negative resolution of Parliament.
SCHEDULE
Joint Services Staff College;
NIHERST Colleges (Business Management and Information Technology
Division, College of Health Sciences, College of Nursing, General
Education Division and School of Languages).
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
