Municipal A
MUNICIPAL CORPORATIONS ACT
CHAPTER 25:04
Current Authorised Pages
Pages Authorised
(inclusive) by L.R.O.
1–273 ..
Act
21 of 1990
Amended by
28 of 1991
7 of 1992*
8 of 1992
36 of 1995*
18 of 1998
13 of 2003
14 of 2006
18 of 2007
11 of 2008
5 of 2009
6 of 2009
13 of 2013
4 of 2014
*See Note on page 3
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L.R.O. UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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Index of Subsidiary Legislation
Page
Municipal Corporations Order (LN 133/1993) … … … … 171
Municipal Corporations Order (LN 194/1996) … … … … 172
Municipal Police Service Regulations (LN 300/2014) … … … 173
Municipal Police Officer (Duty Allowance) Order (LN 391/2014)… … 273
Note on Omissions
The following Subsidiary Legislation have been omitted:
A. Vesting Orders made under section 7A of the Act.
B. Standing Orders made under section 66 of the Act with respect to—
(i) City Corporations;
(ii) Borough Corporations; and
(iii) Regional Corporations.
C. Market Bye-laws made under section 196 of the Act.
D. Abattoir Bye-laws made under section 208 of the Act.
E. Municipal Corporations Orders made under sections 48 and 187 of the Act.
(For references to the above Vesting Orders, Standing Orders, Market Bye-laws and
Abattoir Bye-laws—See the Current Index of Acts and Subsidiary Legislation.
N.B.—Although the above Vesting Orders, Standing Orders, Market Bye-laws, Abattoir Bye-
laws and Municipal Corporations Orders are of importance, the need for reference to them is
very limited and in view of their length it is not considered practical to publish them in the
Revised Edition. They are issued with the Gazette and published in the Annual Volumes of
the Acts and Subsidiary Legislation of Trinidad and Tobago and copies may be purchased
from the Government Printery.
Note on Commencement Dates
14th September, 1990: Legal Notice 182/1990 brought sections 1 and 273 into operation
with effect from 14th September, 1990.
3rd April, 1991: Legal Notice 39/1991 brought the following sections and
Schedules into operation with effect from 3rd April, 1991—
(a) sections 2, with respect to the definitions of “elector”,
“electoral district”, “Municipality” and “Returning
Officer”, 3, 4, 5(1), 11(1), (2), (3) and 275; and
(b) the First, Second, Third Schedules and the Eleventh
Schedule, in so far as this Schedule applies to section 2
and the First Schedule of the Representation of the
People Act, Ch. 2:01, section 82 of the Interpretation
Act, Ch. 3:01 and sections 2, 3 and the First and
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Second Schedules of the Elections and Boundaries
Commission (Local Government) Act, Ch. 25:50.
1st October, 1991: Legal Notice 129/1991 brought the following portions of the Act
into operation with effect from 1st October, 1991—
(a) all portions not yet proclaimed in so far as they apply to
the City of Port-of-Spain, the City of San Fernando, the
Borough of Arima and the Borough of Point Fortin; and
(b) all portions not yet proclaimed, other than—
(i) section 207; and
(ii) those sections and Schedules falling under or
relating to Parts III, V and VII, in so far as
they apply to the several new Municipal
Corporations established under section 4 of
the said Act.
1st September, 1991: Legal Notice 129/1993 brought section 207 into operation in so far
as it applies to the Municipal Corporations established under
section 4.
17th June, 1996: Legal Notice 90/1996 brought into operation the following Parts
and Schedules into operation—
(a) Parts III, V, VII in so far as these apply to the several
new Municipal Corporations established under section 4
of the Act; and
(b) the Fifth, Sixth, Seventh and Ninth Schedules.
Note on Sections 210, 211 and 213
Sections 210, 211 and 213 make reference to the Twelfth and Thirteenth Schedules. However,
these Schedules are not contained in the Act.
Note on Acts Nos. 7 of 1992 and 36 of 1995
(These Acts are spent).
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CHAPTER 25:04
MUNICIPAL CORPORATIONS ACT
ARRANGEMENT OF SECTIONS
SECTION
1. Short title and commencement.
PART I
2. Interpretation.
3. Continuation of former Municipal Corporations.
4. Establishment of new Municipal Corporations.
5. Application of Act.
6. Contents of Orders.
7. Continuation of powers, rights and property of preceding
Corporations.
7A. Vesting of powers, rights and property in the State.
PART II
CONSTITUTION AND GOVERNMENT OF
MUNICIPAL CORPORATIONS
8. Constitution of Municipal Corporations.
9. Extent of Municipalities.
10. Constitution of Council.
11. Councillors representation, term of office and qualification.
12. Number, qualification and term of office of Aldermen.
12A. List of Aldermen.
12B. Definition of Party.
13. Method of election of Aldermen.
13A. Requirements for first meeting of Council.
13B. Oath of Aldermen.
14. Election of Mayor and Deputy Mayor.
15. Term of office and honorarium of Mayor.
16. Removal of Mayor as Chairman.
17. Honoraria and allowances.
Convenor.
18. Regulations prescribing allowances payable to holders of corporate
office.
19. Transitional holders of corporate office to continue to hold office
until election.
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20. Mayor and Deputy Mayor to be Justices of the Peace.
21. Deputy Mayor to act for Mayor.
22. Penalty refusing to accept office.
23. Recovery of fine.
24. Declaration of acceptance of office.
25. Fine on resignation.
26. Eligibility.
27. Vacation of corporate office.
28. Person elected to corporate office may declare that he is not qualified.
29. Issue of writ for election.
30. New election in certain cases.
31. Penalty.
32. Validity of acts of corporate officer notwithstanding disqualification.
33. Validity of election notwithstanding want of qualification of
returning officer.
34. Officers of a Corporation.
35. Appointment of Officers.
36. Chief Officers.
37. Vacancy in office of Chief Officer.
38. Functions of the Chief Executive Officer.
39. Functions of the Corporation Secretary.
40. Functions of the Treasurer.
41. Functions of the Engineer.
42. Functions of the Medical Officer of Health.
43. The Chief Public Health Inspector.
44. Accountability of officers.
45. Employees other than officers of the Corporation.
46. Council to consult appropriate organisation.
47. Appointment of bailiff.
PART III
MUNICIPAL POLICE SERVICE
48. Municipal Police Service.
49. President may issue arms to Service.
50. Precept by Commissioner of Police.
SECTION
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51. Badges and uniforms.
52. Authority of Police Commissioner.
53. General powers and immunities of Municipal Police Officers.
54. Offenders may be arrested without warrant.
55. Power to bail.
56. Municipal Police Officers may lay information and conduct
proceedings.
57. Sale of stolen or abandoned property.
58. Certain Municipal Police Officers to be Justices.
59. Policing beyond boundaries of Municipality.
60. Regulations for Municipal Police Service.
60A. Duty allowance.
61. Regulations respecting arms.
PART IV
MEETINGS AND PROCEEDINGS OF THE
COUNCIL OF A CORPORATION
62. Meetings.
63. Notice of meeting.
64. Chairman of meetings.
65. Quorum.
66. Standing Order.
67. Voting.
68. Appointment of committees.
69. Standing Committee.
70. Sub-Committees.
71. Minutes signed by Chairman to be evidence.
72. Meetings deemed to have been duly convened.
73. Delegation of powers of the Council to Committee.
74. Travelling expenses of Committees.
75. Open meetings.
PART V
HOUSE RATE
76. Interpretation.
77. Annual house rate to be levied.
ARRANGEMENT OF SECTIONS—Continued
SECTION
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78. Annual rateable value.
79. Assessor to be appointed.
80. Assessor to ascertain rateable value.
81. Assessor and Council may require returns from owners.
82. Mode of determining annual rateable value.
83. Returns to be submitted to Chief Executive Officer.
84. House Rate Book.
85. New valuations to be made every three years.
86. Notice of completion of House Rate Book to be published.
87. Omission to enter hereditament in House Rate Book does not affect
liability to be rated.
88. Assessment of rateable hereditament coming into being after
completion of House Rate Book.
89. Rate payable where house is erected on premises which are already
assessed.
90. Valuation of premises in Municipality after alteration of boundary.
Enactments and Bye-laws applicable to Municipality to extend to
added area.
91. Assessor to notify owner of annual rateable value of rateable
hereditament.
92. Owner to notify Chief Executive Officer of objection to valuation.
93. New assessments after completion of House Rate Book.
94. Decision of Commissioner of Valuations final unless appeal is filed.
95. Appeal from decision of Appeal Board.
96. Appellant to enter into recognisance.
97. Certified copy of notice of appeal to be sent to respondent.
98. Valuations which have been varied or altered to be entered in House
Rate Book.
99. Owner to pay annual rate.
100. Rate to be a charge on premises and may be recovered by distress.
101. Date when rate payable.
102. Treasurer to apply moneys to arrears.
103. Return of warrant by bailiff.
104. Payment by Government of annual sum in lieu of rates.
105. House Rate Book to be evidence of valuations and rates.
SECTION
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106. Errors, etc., not to affect liability to rate.
Council may correct errors in notice or House Rate Book.
107. Change of ownership to be noted in House Rate Book.
PART VI
FINANCIAL PROVISIONS
108. Annual estimates.
109. Corporation fund and collection of fees, rates and taxes.
110. Mayor’s Fund.
111. Moneys to be paid into approved banks.
112. Application of funds.
113. Form of accounts and audit.
114. Appeals and applications for relief.
115. Payment and recovery of sums certified to be due.
116. Signatures of cheques and receipts.
117. Council may make Regulations.
118. All financial matters to be submitted to Finance Committee.
119. Corporation may borrow money.
120. Power to alter allocation of moneys.
121. Disability of members through conflict of interest.
122. Officers to declare interest in contracts.
123. Acquisition and alienation of corporate property.
PART VII
STREETS AND BUILDINGS
124. Interpretation.
125. Breaking up of pavement or obstruction of street without prior
consent.
126. Execution of works and restoration of streets.
127. Encroaching upon streets.
128. Bridge over side-drains.
129. Enclosure of land.
130. Taking over streets and widening or other improvements effected by
the Council.
ARRANGEMENT OF SECTIONS—Continued
SECTION
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131. Fountains, statues and monuments.
132. Council may plant, maintain or cut down trees in streets.
133. Overhanging trees.
134. Bye-laws dealing with the use of streets.
135. Seizing animal or vehicle on streets.
136. Sanitary conveniences.
137. Bye-laws regarding sanitary conveniences.
138. Naming of streets and numbering of houses.
139. Streets names, and buildings numbers to be displayed.
140. Publication of resolution relating to naming or numbering.
141. Penalty for removing or defacing number or nameplates.
142. Application to erect poles.
143. Erecting pole without previous consent of Council.
144. Council may order removal of poles.
145. Obstruction of drains.
146. Council may pave or repave footway.
147. Engineer to notify owner of intention to pave.
148. Power to alter line of and widen or lessen footway.
149. Crossings for vehicles over footways.
150. Certain signs prohibited.
151. When licence to be void.
152. Awnings.
153. Length of awnings.
154. No advertisement on footways.
155. Hanging goods over footways.
156. Signs, awnings, etc., contrary to the Act may be removed.
157. Penalty.
158. Additions to, and alterations of, buildings.
159. New building to conform to Regulations.
160. Continuation of existing Building Regulations.
161. Certificate of compliance with Building Regulations.
162. Power of Engineer to order discontinuance of building operations.
163. Council may remove or pull down works executed in contravention
of Acts or Regulations.
Power conferred by this section to be in addition to any other remedy.
SECTION
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164. No building to be removed except after notice to the Corporation.
165. Owner of vacant land to notify Chief Executive Officer of removal
of house therefrom.
166. Payments of rates before removal of house.
167. Plans deposited to be of no effect if building is not commenced
within two years.
168. Penalty for breach of Regulations with respect to new buildings.
169. Building over drain.
170. Public buildings not to be used until approved.
171. Conversion into a public building of building erected for other
purposes.
172. Council may require alterations necessary for safety of public.
173. Verandahs projecting over streets.
174. Door not to open over public thoroughfare.
175. Dangerous building notice to owner.
176. Ruinous or dilapidated structure to be demolished or repaired.
177. Structure dangerous or prejudicial to occupier to be demolished or
repaired.
178. Failure to comply with notice.
179. Penalty.
180. Sale of structure or part thereof.
181. Expenses to be paid from proceeds of sale.
182. Expenses may be recovered from owners.
183. Hoardings, etc., not allowed on footway or street, except by permission
of Engineer.
184. Owner as well as builder liable for contravention of Act or Regulations.
185. Authentication of notice.
186. Notice served on builder.
PART VIII
MARKETS AND SLAUGHTERHOUSES
187. Interpretation.
188. Existing markets.
189. Appointing places as markets.
ARRANGEMENT OF SECTIONS—Continued
SECTION
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190. Notice of opening of new market.
Fixing market hours and goods to be sold.
191. Power to close markets.
192. Appointment of Market Administrator and other servants.
193. Inspection for detecting unsound marketable commodities.
194. Market dues.
195. Existing tolls, etc., to continue to be payable.
196. Bye-laws.
Bye-laws to be exhibited in market and published.
197. Markets only in specified areas.
198. Licence to salesman of meat or fish.
199. Meat and fish to be sold only in public market or licensed shop, etc.
Prohibition of sale of marketable commodities not being fish or meat.
Penalty for breach of subsection (1).
Penalty for breach of subsection (2).
200. In Regional Municipalities commodities to be sold in public markets
or licensed shops, etc.
201. Licences generally.
202. Cold stores to be licensed.
203. Selling meat or fish.
204. Dues payable on meat or fish sold from licensed cold stores.
205. Bye-laws.
206. Landing of fish for sale.
207. Provision of public slaughterhouses.
All animals to be slaugtered at public slaughterhouses.
208. Bye-laws for slaughterhouses and detention stations.
209. Penalty for second offences.
PART IX
PEDLARS, HAWKERS AND HUCKSTERS
210. Licensee to trade as pedlar, hawker and huckster.
211. Duration of licences.
212. Register of licences.
213. Alteration of fees.
214. Requisition for licence.
215. Evidence.
SECTION
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216. Form of licence.
217. Change of abode of licensee.
218. Forging or counterfeiting licence.
219. Huckster’s name to be on box, etc.
220. Who may lay information.
PART X
BYE-LAWS, RULES AND REGULATIONS
221. Bye-laws for good government of a Corporation.
222. Penalty for breach of Bye-laws.
223. Bye-laws to be confirmed by the President.
Publication of Bye-laws in Gazette.
224. Bye-laws may apply to whole or part of Municipality.
PART XI
LEGAL PROCEEDINGS
225. Recovery of penalties.
Complaints or information may be made or laid by officers of the
Council duly authorised.
226. Penalties for offences not otherwise provided for.
Continuing offence.
227. Procedure in penal actions against corporate officers.
228. Quo warranto and mandamus.
229. Recovery of expenses from owners.
Payments by instalments.
Procedure in case of non-payment of instalment.
Expense caused to Corporation by contravention of Part VII or
Bye-laws.
230. Certified copies of documents to be prima facie evidence thereof.
Proof of handwriting not required.
Fee for copy or extract.
Production of original.
Fee for production of original.
Definition of “document” of a Corporation.
Certified copy or extract may be granted by Corporation Secretary.
231. Procedure for enforcing powers of entry.
ARRANGEMENT OF SECTIONS—Continued
SECTION
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PART XII
MISCELLANEOUS FUNCTIONS
232. Additional functions.
PART XIII
ASSOCIATION OF LOCAL
GOVERNMENT CORPORATIONS
233. Association of Local Government Corporations.
234. Chairman and Executive Committee of Association.
235. Code of ethics.
PART XIV
DISCIPLINARY PROCEEDINGS
236.
to (Repealed by Act No. 8 of 1992).
252.
PART XV
REGIONAL CO-ORDINATING COMMITTEES
253. Co-ordinating Committee.
254. Power to establish own procedure.
PART XVI
GENERAL PROVISIONS
255. Form, authentication, and service of notices, etc.
256. Power to attach conditions to consent.
257. Misnomer or misdescription.
258. Statutory increase.
259. Remission of statutory increase.
260. Computation of time.
261. Authentication of licence.
Duplicate licence.
262. Power to withhold, suspend, or revoke licence.
263. Execution of works on default of owner.
264. Charges on premises to be preferential to other encumbrances.
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265. Apportionment of expenses of works between different owners.
266. Plans, etc., deposited to become property of Corporation.
267. Powers conferred by written law to be cumulative.
268. Schedules—power to alter or amend.
269. Government policy directions.
270. Power to investigate.
271. Power of President to dissolve a Council and appoint a
Commissioner.
272. Continuation of collective agreements and union representation.
273. Extension of term of office of serving members.
FIRST SCHEDULE—LIST OFCORPORATIONS CONTINUED UNDER THISACT.
SECOND SCHEDULE—LIST OFMUNICIPALCORPORATIONS ESTABLISHED
UNDER THIS ACT.
THIRD SCHEDULE—NUMBER OF COUNCILLORS AND ALDERMEN TO BE
ELECTEDTOTHECOUNCILOF EACHCORPORATION.
FOURTH SCHEDULE—DECLARATION TO BE MADE BY PERSON
ELECTED TO A CORPORATE OFFICE.
FIFTH SCHEDULE—WARRANT.
SIXTH SCHEDULE—FORM A (ASSESSMENT RETURN)
FORM B (COMPLETION OF HOUSE RATE BOOK).
SEVENTH SCHEDULE—PAVING OF FOOTWAYS.
EIGHTH SCHEDULE—CONTINUATION OF EXISTING LAWS.
NINTH SCHEDULE—FORM A (REMOVAL OF HOUSE—NOTICE BY
OWNER OF HOUSE).
FORM B (REMOVAL OF HOUSE—NOTICE BY
OWNER OF LAND).
TENTH SCHEDULE—WARRANT FOR ENTRY ON PREMISES.
ELEVENTH SCHEDULE—EXAMPLE OF CALCULATION OFALLOCATION
OF ALDERMEN FOR MUNICIPALITY.
ARRANGEMENT OF SECTIONS—Continued
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CHAPTER 25:04
MUNICIPAL CORPORATIONS ACT
An Act to provide for the continuation of the City and
Borough Corporations for the erection of certain other
Municipal Corporations and for the Consolidation and
Reform of Laws affecting Local Government.
*[ASSENTED TO ON 13TH SEPTEMBER 1990]
1. (1) This Act may be cited as the Municipal
Corporations Act.
*(2) This Act shall come into operation on such date as
the President may by proclamation appoint and different days may
be appointed for the purposes of different provisions of this Act.
PART I
2. (1) In this Act—
“Appeal Board” means the Tax Appeal Board constituted under
section 3 of the Tax Appeal Board Act;
“Chief Executive Officer” means the person for the time being
holding the office of City Clerk or Town Clerk under a
Corporation and includes—
(a) any person appointed as such;
(b) any person performing the duties of Chief
Executive Officer in accordance with a direction
by the President under section 36;
“Commission” means the Statutory Authorities’ Service
Commission established under the Statutory Authorities Act;
“corporate land” means land belonging to or held in trust for a
Corporation;
“corporate office” means any of the offices of—
(a) Mayor or Chairman;
(b) Deputy Mayor or Vice-Chairman;
(c) Alderman;
(d) Councillor,
of a Corporation;
*See page 2 under the heading “Note on Commencement Dates”.
21 of 1990.
Short title and
Commencement.
Interpretation.
[28 of 1991
13 of 2013].
Ch. 4:50.
Ch. 24:01.
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“Corporation” means the body corporate constituted by the
Mayor, Aldermen, Councillors and electors of any of the
cities, towns, districts or places to which this Act is applied
by or under section 5;
“Corporation Secretary” means the person for the time being
holding the office of Corporation Secretary and includes—
(a) any person acting as Corporation Secretary;
(b) any person performing the duties of Corporation
Secretary in accordance with a direction by the
President under section 36;
“Council” means the Council of a Corporation;
“elect”, “elected” or “election” means in relation to—
(a) an Alderman, the selection of an Alderman by a
party under section 13;
(b) a Councillor, the election of a Councillor under
section 11; and
(c) a Mayor or Deputy Mayor, the election of a
Mayor or Deputy Mayor under section 14;
“elector” means any person registered under the Representation
of the People Act as an elector for elections for members to
serve in a Municipal Council;
“electoral district” means a constituency defined in an Order
made under section 4 of the Elections and Boundaries
Commission (Local Government) Act, and constituted in the
manner prescribed by the Rules set out in the Second
Schedule to that Act;
“Engineer” means the person for the time being holding the
office of City Engineer or Town Engineer or Regional
Engineer under a Corporation and includes—
(a) an Assistant City Engineer or Assistant Town
Engineer or Regional Engineer;
(b) a Town Superintendent;
(c) any person performing the duties of the City
Engineer, Town Engineer or Regional Engineer
with the authority of the Council; and
(d) any person performing the duties of an officer
mentioned in paragraph (c) in accordance with a
direction of the President under section 36;
Ch. 2:01.
Ch. 25:50.
Second Shedule.
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“house” includes any dwelling house, warehouse, stable, office,
store, manufactory, shop, workshop, shed, or other
building used in carrying on any trade or business, and any
lands appurtenant to or occupied with the same, and not
rated separately;
“Mayor” includes Chairman and “Deputy Mayor” includes
Vice-Chairman;
“Minister” means the member of Cabinet to whom responsibility
for Local Government has been assigned;
“Municipality” means a place to which this Act is applied by or
under section 3 or section 4;
“officer” means, in relation to a Corporation—
(a) the Chief Officers of a Corporation mentioned
in section 36; and
(b) every other person appointed to hold or to act in
a pensionable office in the service of a
Corporation and whose remuneration is paid on
a monthly basis;
“owner” means the person in possession of or in receipt of either
the whole or any part of the rents or profits of any land or
tenement, whether in his own right or as a trustee or personal
representative of any other person, or in the occupation of
such land or tenement other than as a tenant from year to
year, or for any less term, or as a tenant at will;
“premises” includes messuages, buildings, lands, easements, and
hereditaments of any tenure;
“reputed owner”, in relation to any building or to any vacant lot
of land within a Municipality, means the person entered as
the owner of such building or of such vacant lot of land in
the House Rate Book for the time being in force, or in any
register of ownership kept for the Corporation;
“Returning Officer” means the Returning Officer of an electoral
district under the Representation of the People Act;
“statutory increase” means any increase, surcharge or percentage
added to a rate, a charge, or other sum of money of any other
Ch. 2:01.
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description payable to a Corporation under this Act or any
other written law by reason of the non-payment of such rate,
charge or other sum of money at or within the time after the
lapse of which such increase, surcharge or percentage is
expressed to become payable;
“street” includes any highway, and any public bridge, road, lane,
footway, square, court, alley, or passage, whether a
thoroughfare or not;
“street repairable by a Corporation” means any street which was
repairable by a Corporation or any highway which was
maintainable at public expense by any other Local Highway
Authority immediately prior to the commencement of this
Act and includes any street which is classified as such under
the Highways Act;
“Treasurer” means the person for the time being holding the
office of Treasurer under a Corporation and includes—
(a) any person acting as Treasurer;
(b) any person performing the duties of Treasurer in
accordance with a direction by the President
under section 36;
“valuation” means the sum fixed by the Assessor as the
annual rateable value of any rateable hereditament
within the Municipality.
(2) References in this Act to the “day on which the
Councillors of a Corporation were elected to office” mean the
day or the last day, as the case may be, on which all the Returning
Officers for the electoral districts within the Municipality have
declared the respective candidates to be elected as Councillors.
3. The Municipal Corporations established under the
provisions of the written laws set out in the First Schedule and
known by the corporate names mentioned in that Schedule are
continued under this Act.
4. The several new Municipal Corporations bearing the names
and having the respective officers, memberships and descriptions
set forth in the Second Schedule are hereby established.
Ch. 48:01.
Continuation of
former
Municipal
Corporations.
First Schedule.
Establishment of
new Municipal
Corporations.
Second
Schedule.
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5. (1) Subject to subsection (2) and section 6, this Act shall
apply to—
(a) the City of Port-of-Spain;
(b) the City of San Fernando;
(c) the Borough of Arima;
(d) the Borough of Point Fortin;
(e) the several Municipal Corporations referred to
in section 4; and
(f) such other towns, districts or places to which the
provisions of this Act are applied pursuant to
subsection (2).
(2) The President may, by Order, subject to affirmative
resolution of Parliament, apply the provisions of this Act to any
town, district or place for the purpose of incorporating the
electors thereof.
6. (1) An Order made under section 5(2) may apply the
provisions of this Act generally to the town, district or place
mentioned therein or it may provide that the Act shall apply subject
to such exceptions or modifications as are specified in the Order.
(2) An Order made under section 5(2) shall—
(a) designate the corporate name by which the new
Corporation shall be known;
(b) describe the boundaries of the new Municipality;
(c) specify the number of Councillors and
Aldermen to be elected to the Council;
(d) specify the number of members of the Council
who may requisition a meeting of the Council
under section 62(3);
(e) specify the number of members of the Council
who constitute a quorum at meetings of the
Council;
(f) specify the number of members of the Council
required to be present and to vote for the
purposes of section 67(1);
Application of
Act.
Contents of
Orders.
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20 Chap. 25:04 Municipal Corporation
LAWS OF TRINIDAD AND TOBAGO
(g) specify the date by which the Council shall
submit estimates of income and expenditure
pursuant to section 108(1);
(h) specify the number of members of the Council
required to be present for the purposes of
section 221(2).
7. (1) All powers, authorities, interests, rights and privileges
vested in a Corporation referred to in section 3 and all property real
or personal belonging to that Corporation shall continue to be
vested in that Corporation as continued by this Act.
(2) All liabilities and obligations of a Corporation
referred to in section 3, and all claims against its property, rights
and assets are unimpaired by such continuation; and all debts,
contracts, liabilities, and duties of the Corporation existing
immediately prior to the coming into operation of this Act
continue to attach to the Corporation.
7A. (1) With effect from 1st October, 1991—
(a) all land and other property of every kind,
including things in action, vested immediately
before that date in a former County Council is
vested in the State;
(b) all the rights, privileges and advantages and all the
liabilities and obligations that, immediately before
that date, a former County Council was entitled or
subject to, are transferred and conferred or
imposed upon the State.
(2) Every Act giving power or authority to or imposing
any duty or liability upon or otherwise relating to a former County
Council or providing any forms or proceedings relating to a former
County Council, shall, unless the context otherwise requires and so
far as applicable, be read and have effect as if in the Act, the State
were substituted for a former County Council.
(3) Any reference in any Act, or in any rule, regulation or
bye-law made under any Act or in any deed, contract, bond, security,
Continuation of
powers, rights
and property of
preceding
Corporations.
Vesting of
powers, rights
and property in
the State.
[8 of 1992].
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LAWS OF TRINIDAD AND TOBAGO
L.R.O.
or other document of whatever kind, public or private, to a former
County Council shall, with effect from that date, be deemed to
refer to the State.
(4) Legal proceedings pending immediately before
1st October, 1991 by or against a former County Council may be
continued on and after that day by or against the State as the party
to the proceedings instead of that former County Council.
(5) The President may by Order transfer to any of the
several Municipal Corporations referred to in section 4 any of the
land and other property and any of the rights, privileges and
advantages and any of the liabilities and obligations that by virtue
of subsection (1) are vested in the State.
(6) An Order under subsection (5) is subject to a
negative resolution of Parliament.
(7) In this section—
“former Act” means the County Councils Act repealed by this Act;
“former Council” means a County Council established under
section 4 of the former Act for an area referred to in the
former Act as an “electoral area”.
(8) For the avoidance of doubt it is declared that
nothing in this section shall have the effect of reviving a claim
against a former County Council that on 1st October, 1991 was
statute-barred.
PART II
CONSTITUTION AND GOVERNMENT OF
MUNICIPAL CORPORATIONS
8. (1) The Mayor, Aldermen, Councillors and electors of
each of the Municipalities referred to in paragraphs (a) to (e) of
section 5(1) and each town, district, or place to which this Act is
applied pursuant to section 5(2), shall be a body corporate bearing
the corporate name mentioned in the First and Second Schedules,
or in the Order made under section 5(2), as the case may be; and
by such name shall have perpetual succession.
Constitution of
Municipal
Corporations.
First and
Second
Schedules.
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LAWS OF TRINIDAD AND TOBAGO
(2) Every Corporation shall have and use a common seal
which shall be approved by its Council, and which shall be
judicially noticed.
9. For the purposes of this Act, every Municipality shall
include all the lands, houses and buildings within the boundaries
set forth in relation to it in the First and Second Schedules, or in
the Order made under section 5(2).
10. (1) The powers of a Corporation shall be exercised by
its Council and, subject to the provisions of this Act, the Council
shall act through its Chief Officers and staff.
(2) The Council shall consist of the Mayor, Aldermen
and Councillors.
11. (1) Councillors shall be elected by the electors for each
Municipality in the manner provided for in the Representation of
the People Act.
(2) The number of Councillors to be elected to the
Council of each Corporation shall, subject to the provisions of the
Elections and Boundaries Commission (Local Government) Act,
be as set out in the Third Schedule, or in any Order made
pursuant to section 5(2).
(3) One Councillor shall be returned for each
electoral district.
(4) The term of office of Councillors shall be three
years, and they shall retire together on the last day of every
triennial period, the first of which shall be deemed to have begun
on the day on which the Councillors were elected to office.
(4A) An election referred to in subsection (1) shall be
held within three months of the expiry of the term of office of the
Mayor, Councillors and Aldermen comprising the Council.
(4B) Notwithstanding subsection (4A), for the purposes
only of the elections due in the year 1995, under this section, such
election shall be held within nine months of the expiry of the terms
of office of the Councillors and Aldermen comprising the Council.
Extent of
Municipalities.
First Schedule.
Second
Schedule.
Constitution of
Council.
Councillors
representation,
term of office
and
qualification.
[28 of 1991
8 of 1992
36 of 1995
13 of 2003
13 of 2013].
Ch. 2:01.
Ch. 25:50.
Third Schedule.
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LAWS OF TRINIDAD AND TOBAGO
L.R.O.
(4C) Notwithstanding subsection (4A), for the purposes
only of the elections due in the year 2002, under this section,
such election shall be held within one year of the expiry of the
terms of office of the Councillors and Aldermen comprising
the Council.
(5) A Councillor who has been elected to fill a vacancy
shall hold office until the time when the person whose vacancy
he filled would have gone out of office through effluxion of time.
(6) Subject to subsection (7), a person is qualified to be
elected as a Councillor if, and is qualified to continue to be a
Councillor if, he—
(a) is a citizen of Trinidad and Tobago;
(b) is qualified to be an elector under section 13 of
the Representation of the People Act except that
such person is not disqualified to be a candidate
by reason only that—
(i) he resides; or
(ii) his qualifying property is situated,
in the electoral area but in an electoral district
other than the electoral district for which he
seeks to be a candidate;
(c) is able to speak and, unless incapacitated by
blindness or other physical cause, to read the
English language.
(7) In subsection (6), “electoral area” and “electoral
district” have the meanings assigned to those expressions in
section 2 of the Elections and Boundaries Commission (Local
Government) Act.
(8) A person is disqualified from being a Councillor
if he—
(a) is by virtue of his own act under any
acknowledgement of allegiance, obedience or
adherence to a foreign power or State;
(b) has been adjudged or otherwise declared
bankrupt and has not been discharged;
Ch. 2:01.
Ch. 25:50.
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LAWS OF TRINIDAD AND TOBAGO
(c) is a mentally ill person within the meaning of
the Mental Health Act;
(d) is under sentence of death or is serving a sentence
of imprisonment exceeding twelve months
imposed on him by a Court of competent
jurisdiction in Trinidad and Tobago or substituted
by competent authority for some other sentence
imposed on him by such a Court or is under such
a sentence of imprisonment the execution of which
has been suspended;
(e) is disqualified for such election under the
Representation of the People Act;
(f) is a member of the Senate, the House of
Representatives, the Tobago House of Assembly
or another Municipal Council;
(g) holds any office or place of profit, other than
Mayor or Deputy Mayor, in the gift or disposal
of the Corporation; but a person shall not be
disqualified by reason of—
(i) receiving or being entitled to receive
payment by way only of travelling or
subsistence allowances, or a refund of
out-of-pocket expenses;
(ii) his receiving fees as a medical practitioner
from the Corporation as the local authority
of a sanitary district, fees for the notification
of cases of infectious diseases under the
Public Health Ordinance or any similar
written law;
(h) is debarred from exercising the practice of his
profession on account of any act involving
dishonesty;
(i) has within five years before the day of the
election or since his election been surcharged to
an amount exceeding two thousand five hundred
dollars under the Exchequer and Audit Act or
under Part VI of this Act;
(j) is a person whose name appears on the List of
Aldermen under section 12A; and
Ch. 28:02.
Ch. 2:01.
Ch. 12. No. 4
(1950 Ed.).
Ch. 69:01.
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Municipal Corporations Chap. 25:04 25
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
(k) is a person who is a sitting Alderman having
been declared an Alderman by the Elections and
Boundaries Commission under section 13.
12. (1) Save for the requirement that Councillors be residents or
owners of property within a Municipality, Aldermen shall be persons
who qualify to be Councillors and who possess demonstrated
knowledge, expertise or experience in professional or vocational
occupations suitable to the development focus of the Municipality.
(2) The number of Aldermen to be elected to the Council
of each Corporation shall be as set out in the Third Schedule, or in
the Order made pursuant to section 5(2).
(2A) Notwithstanding subsection (2), the number of
Aldermen to be elected to the Council of each Corporation referred
to in the Second Part of the Second Schedule shall be four in number.
(3) In the case of a Municipal Corporation other than a
City or Borough, at least one Alderman shall be elected from
qualified persons who are members of a Village or Community
Council functioning within the Municipality.
(4) A person who stands for election as a Councillor
under section 11 shall not stand for election as an Alderman
under section 13.
(4A) A person who is a sitting Councillor having been
elected Councillor shall not be elected as an Alderman.
(5) The term of office of Aldermen shall be three years
and they shall retire together on the last day of every triennial
period, the first of which shall be deemed to have begun on the
day on which the Councillors were elected to office.
(6) An Alderman who is elected to fill a vacancy shall
hold office until the time when the Alderman whose vacant seat
he filled would have gone out of office through effluxion of time.
12A. (1) Parties fielding candidates in an election under
section 11 for a Municipality or Corporation shall, at the time of
Number,
qualification and
term of office of
Aldermen.
[13 of 2013].
Third Schedule.
Second
Schedule.
List of
Aldermen.
[13 of 2013].
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26 Chap. 25:04 Municipal Corporation
LAWS OF TRINIDAD AND TOBAGO
nomination of the candidates for Councillors, nominate
candidates for Aldermen on a list to be known as the “List of
Aldermen”.
(2) The quantum of names on the List of Aldermen to be
submitted by each party in accordance with the provisions of this
section shall be equal in number to the number of Councillors to
be elected in each Council respectively.
(3) Where, during the life of a Council, a person on a
List of Aldermen of a party becomes disqualified from serving or
is unable for any reason to serve as an Alderman, the relevant
party may submit to the Elections and Boundaries Commission
the name of a substitute Alderman.
12B. For the purposes of section 12A and section 13, the word
“party” includes an independent candidate referred to in Rule 23(1)
of the Election Rules, made under the Representation of the
People Act.
13. (1) Upon the election of Councillors under section 11,
the Elections and Boundaries Commission shall, in
accordance with subsection (2), allocate the number of Aldermen
for each party contesting such election.
(2) The Elections and Boundaries Commission shall
allocate the number of Aldermen for each party contesting such
election as follows:
(a) a quota of votes per seat shall first be
determined by dividing the total number of valid
votes cast at an election under section 11 by the
number of seats in each Council designated for
Aldermen; and
(b) the number of Aldermen to be awarded to a party
shall then be determined by dividing the total
number of valid votes cast in an election under
section 11 in favour of such party by the quota of
votes per seat determined in paragraph (a).
Definition of
party.
[13 of 2013].
Ch. 2:01.
Method of
election of
Aldermen.
[13 of 2013].
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LAWS OF TRINIDAD AND TOBAGO
L.R.O.
(3) Where the final number calculated for each party
under subsection (2)(b) results in a whole number and a fraction
or only a fraction, the fraction shall not be considered in
determining the number of seats to be allocated.
(4) Where the result of a calculation under subsection
(2) yields no seats for Aldermen, to any party, the allocation of
Aldermen by the Elections and Boundaries Commission shall be
in descending order beginning with the party with the highest
number of votes obtained in the election under section 11 until all
seats have been allocated.
(5) Where the result of the calculation under subsection (2)(b)
yields a remainder of vacant seats not absorbed by the number of
Aldermen awarded to a party or parties concerned, the surplus
calculated under subsection (6) for a party competes with other
similar surpluses accruing to any other party or parties, and any
vacant positions for an Alderman or Aldermen not allocated
under subsection (2)(b), shall be allocated to the party or parties
concerned in sequence of the highest surplus until all vacant
positions of Aldermen have been so allocated unless the party or
parties concerned yielded no allocation of Alderman under
subsection (2)(b).
(6) In computing the surplus of a party for the purposes
of subsection (5), first multiply the quota by the number of seats
allocated to each party under subsection (2) and then minus that
figure from the total number of valid votes received by each party
in the election.
(7) The method of allocation of the number of Aldermen
provided for under subsections (2), (5) and (6) shall be as
provided for in the example set out in the Eleventh Schedule.
(8) Where the counting of the votes has been
concluded and—
(a) the election result for the Councillors under
section 11 has been declared; and
(b) the Elections and Boundaries Commission
has determined the number of Aldermen for
each party,
Eleventh
Schedule.
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28 Chap. 25:04 Municipal Corporation
LAWS OF TRINIDAD AND TOBAGO
the Elections and Boundaries Commission shall, not later than
four days after the election referred to in section 11, inform the
relevant parties of the number of Aldermen which they have
been allotted.
(9) Notwithstanding subsections (1) to (7), where only
one candidate stands validly nominated under rule 15(2) and
(3) of the Election Rules made under the Representation of the
People Act, the Elections and Boundaries Commission shall
allocate four Aldermen to the party which fielded the candidate
and the party thereafter shall notify the Elections and
Boundaries Commission of the names of the Aldermen from its
List of Aldermen.
(10) Within four days of being informed by the
Elections and Boundaries Commission of the number of
Aldermen each party has been allotted, the respective parties
shall inform the Elections and Boundaries Commission of the
names of the persons drawn from their respective Lists of
Aldermen whom they wish to sit as the Aldermen of the
Municipalities or Corporations.
(11) Where the parties under subsection (10) inform the
Elections and Boundaries Commission of the Aldermen from its
List of Aldermen, the Elections and Boundaries Commission
shall declare such persons to be Aldermen in the Council and that
declaration shall constitute their appointment.
(12) Where at any time after the election of Aldermen
under this section a vacancy occurs in the office of Alderman, the
Council shall, within thirty days of the occurrence of the vacancy,
inform the Elections and Boundaries Commission of the vacancy.
(13) A party shall, where a vacancy occurs under
subsection (12) in respect of an Alderman relative to the party,
inform the Elections and Boundaries Commission of the name of
a substitute Alderman from the remaining names on the List of
Aldermen of the party to fill the vacancy.
(14) Where, for the purpose of subsection (13), in
respect of a Municipality, there are no more names available on
the relevant List of Aldermen, the Council shall, at the next
Ch. 2:01.
UNOFFICIAL VERSION
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LAWS OF TRINIDAD AND TOBAGO
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meeting after the vacancy arises, elect an Alderman or such
Aldermen, and such persons shall be persons who qualify to be
Councillors and who possess demonstrated knowledge, expertise
or experience in professional or vocational occupations suitable
to the development focus of the Municipality.
(15) Where, for the purpose of subsection (13), in
respect of a Municipal Corporation, other than a City or Borough
Corporation, there are no more names available on the relevant
List of Aldermen, the Council shall at the next meeting of the
Municipal Corporation, elect an Alderman or such Aldermen, and
such persons shall be persons who qualify to be Councillors and
who are members of a Village or Community Council
functioning within the Municipality.
(16) Rule 23 of the Election Rules, made under the
Representation of the People Act, shall not apply to the List of
Aldermen as it applies to the election of Councillors.
(17) Notwithstanding subsection (15), where parties
are assigned symbols under rule 23(2) of the Election Rules,
such symbols shall be applied to the List of Aldermen of the
respective parties.
13A. At the first meeting of the Council the business which
shall be transacted shall be—
(a) firstly, the production to the Chief Executive
Officer of the copy of the declaration of his
election as a Councillor delivered to him by the
Returning Officer in accordance with the
Election Rules made under the Representation
of People Act; and
(b) secondly, the taking of the oath of office by
those Councillors who have made and
subscribed the declaration of acceptance of
office and are in attendance at the meeting.
13B. Upon the Elections and Boundaries Commission
declaring the election of persons as Aldermen under section
13(11), such persons shall take the oath of office and subscribe
the declaration of acceptance of office.
Ch. 2:01.
Requirements
for first meeting
of Council.
[13 of 2013].
Ch. 2:01.
Oath of
Aldermen.
[13 of 2013].
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14. (1) The Mayor and Deputy Mayor of a Corporation
shall be elected from among the Aldermen and the Councillors of
that Corporation.
(2) The election of the Mayor and the Deputy Mayor of
a Corporation shall be held at a meeting of the Council convened
for that purpose four days after the declaration by the Elections
and Boundaries Commission of the election of Aldermen and,
save for the taking of the oath of office by any Aldermen elected
under section 13 and by any newly elected Councillors who have
not done so previously, no business other than the election of the
Mayor and the Deputy Mayor and the appointment of the
Standing and other Committees of the Council shall be transacted
on that day.
(3) The election of the Mayor and of the Deputy Mayor
shall be by motion duly seconded and shall be presided over by a
Councillor or an Alderman who is not a candidate for the office
of Mayor or Deputy Mayor.
15. (1) The Mayor shall hold office for a term which shall
be the same as that of the Councillors and Aldermen.
(2) Unless the Mayor resigns or ceases to be qualified or
becomes disqualified or is removed from office in accordance
with this Act, he shall continue in office until his successor in
office has accepted office and has made and subscribed the
appropriate declaration.
16. A Mayor shall be removed as Chairman of a Council upon
the resolution passed by the Council and supported by the votes of
not less than three-fourths of all the members of the Council.
17. (1) The Mayor, Aldermen and Councillors shall receive
such honoraria as may be prescribed out of the ordinary revenues
of the Corporation in equal monthly instalments at the end of
each month.
Election of
Mayor and
Deputy Mayor.
[13 of 2013].
Term of office
and honorarium
of Mayor.
[8 of 1992].
Removal of
Mayor as
Chairman.
Honoraria and
allowances.
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(2) The Mayor, Aldermen and Councillors of a
Corporation shall be paid out of the ordinary revenues of the
Corporation such allowance as may be prescribed.
(3) The Chairman-Convenor of a committee of the
Council of a Corporation shall be paid out of the ordinary
revenues of the Corporation such allowance as may be prescribed
in respect of the performance of his duties as such.
18. The President may, subject to negative resolution of
Parliament, make Regulations for the purposes of section 17.
19. (1) Each Alderman or Councillor elected before and
holding office in a Corporation at the commencement of this Act
shall, so long as he continues to be qualified to hold such office
under this Act, hold office in that Corporation until the date when
he would have ceased to hold office if this Act had not been passed.
(2) Each Mayor or Deputy Mayor, elected before and
holding office in a Corporation at the commencement of this Act
shall continue to hold the respective office in that Corporation
until the date when he would have ceased to hold such office if
this Act had not been passed.
20. The Mayor and Deputy Mayor of a Corporation shall by
virtue of their offices be Justices of the Peace for the Municipality
and shall, unless disqualified for re-election to their respective
offices, continue to be Justices of the Peace during the year next
after they cease to be Mayor and Deputy Mayor respectively.
21. (1) The Deputy Mayor of a Corporation shall hold office
during the term of office of the Mayor, and, in case of absence or
illness of the Mayor, shall have authority to exercise all the
powers and discharge all the duties vested in and imposed upon
the Mayor under and by virtue of this Act; and all things done,
Convenor.
Regulations
prescribing
allowances
payable to
holders of
corporate office.
Transitional
holders of
corporate office
to continue to
hold office until
election.
Mayor and
Deputy Mayor
to be Justices of
the Peace.
[8 of 1992].
Deputy Mayor
to act for
Mayor.
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exercised, or suffered by the Deputy Mayor as aforesaid shall be
as valid and effectual in all respects as if they had been done,
exercised, or suffered by the Mayor.
(2) Whenever the Deputy Mayor discharges the duties
of the Mayor for seven consecutive days or more, he shall, during
that period, be entitled to be paid the honorarium and the
allowances relating to the office of Mayor.
(3) Notwithstanding subsection (2), there shall be no
abatement of the honorarium and allowances payable to the Mayor
during his absence from office where such absence does not exceed
a period of thirty days in the aggregate during any term of one year.
(4) In the event of the death, resignation, removal or
disqualification of the Mayor for any cause, the Deputy Mayor
shall forthwith succeed to the office of Mayor, and shall continue
in such office until the date when the Mayor would have gone out
of office by effluxion of time.
(5) In the event of the Deputy Mayor succeeding to the
office of Mayor under subsection (4) or, in the event of the death,
resignation or disqualification of the Deputy Mayor for any
cause, the Council may appoint to the office of Deputy Mayor an
Alderman or Councillor who shall hold such office until the date
when the Deputy Mayor whom he succeeded would have gone
out of office by effluxion of time.
(6) If the Mayor is dead or absent or otherwise
incapable of acting in the exercise of his powers and duties
under this Act or any other written law, and the Deputy Mayor
is also incapable of acting for any of the reasons herein before
specified, the Council shall forthwith elect an Alderman or
Councillor to exercise those powers and duties in place of the
Mayor for such term not exceeding the period after which the
Mayor would have gone out of office by effluxion of time, as
the Council may, by resolution, determine.
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22. (1) Every qualified person elected to a corporate office,
unless exempt under this section or otherwise by law, either shall
accept the office by making and subscribing the declaration
required by this Act within five days after notice of election, or
shall, in lieu thereof, be liable to pay to the Corporation to which
he has been elected, a fine of four thousand dollars.
(2) The persons exempt under this section are:
(a) any person who is mentally ill within the
meaning of the Mental Health Act or who is
deaf, blind or suffering from some other
permanent infirmity of body; and
(b) any person who, being above the age of sixty-five
years, before the day of his election, either served
in a corporate office or paid a fine for non-
acceptance thereof, or having served in a corporate
office or in different corporate offices for an
aggregate period of six years, claims exemption
within five days after notice of his election.
23. A fine payable to a Corporation under section 22 is
recoverable as a civil debt.
24. (1) A person elected to a corporate office shall not act in
that office until he makes a declaration before two members of
the Council or the Chief Executive Officer in the form set out in
the Fourth Schedule.
(2) The Council may, by resolution, require any person
holding a corporate office under the Corporation to make a
declaration in the form in the Fourth Schedule that he continues to
be qualified to be a Councillor of the Corporation but no person
shall be required to make such a declaration unless a period of at
least six months has elapsed since his election as a Councillor or
Alderman or since his last declaration under this section.
25. (1) A person elected to a corporate office may, at any
time by writing signed by him and delivered to the Chief
Executive Officer, resign the office on payment of the fine
provided for non-acceptance of office.
Penalty refusing
to accept office.
Ch. 28:02.
Recovery of
fine.
Declaration of
acceptance of
office.
Fourth
Schedule.
Fine on
resignation.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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34 Chap. 25:04 Municipal Corporation
LAWS OF TRINIDAD AND TOBAGO
(2) Where a person resigns from a corporate office other
than the office of Mayor, the Council shall forthwith declare the
office vacant.
(3) Notice of the vacancy, signed by two members of the
Council and countersigned by the Chief Executive Officer, shall
be affixed in some conspicuous place near the outer door of the
Municipal Office and the Chief Executive Officer shall forthwith
send to the Minister a copy of the notice.
(4) In any case where the Council by resolution carried by
not less than a three-fourths majority of the members present at a
meeting attended by not less than two-thirds of the whole Council
grants permission to the holder of a corporate office to resign—
(a) on the grounds of ill health; or
(b) because his residence or business is such a
distance from the Municipal Office of the
Corporation that it would be difficult to attend
meetings of the Council,
the person resigning is not liable to pay a fine nor is he so liable
where he previously served in a corporate office for six years and
any period of such service falls within five years of the date of
such resignation.
26. Subject to this Act, a person who has ceased to hold
corporate office shall, unless disqualified from holding the office,
continue to be eligible to hold corporate office.
27. (1) Where a person elected to a corporate office—
(a) refuses or neglects to make the declaration set
out in the Fourth Schedule;
(b) is away from Trinidad and Tobago for a period
in excess of thirty consecutive days without the
leave of the Council;
(c) is absent from three consecutive meetings of the
Council without leave of the Council;
(d) is not in Trinidad and Tobago at the date of his
election and fails to return to Trinidad and
Tobago within three months of such election;
Eligibility.
Vacation of
corporate office.
Fourth
Schedule.
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LAWS OF TRINIDAD AND TOBAGO
L.R.O.
(e) dies or, by writing under his hand, addressed to
the Mayor of the Council of which he is a
member, resigns his seat on the Council;
(f) ceases to possess any of the qualifications set
out in section 11(6) or becomes disqualified for
being a Councillor for any of the reasons set out
in section 11(8),
his office is thereby rendered vacant.
(2) Where a person elected to a corporate office
becomes disqualified for holding such office, the Council shall
forthwith declare the office vacant.
(3) Notice of the vacancy, signed by two members of the
Council and countersigned by the Chief Executive Officer, shall
be affixed in some conspicuous place near the outer door of the
Municipal Office.
(4) A person who becomes disqualified by reason of
refusal or neglect to make the declaration set out in the Fourth
Schedule or by absence, having made such declaration, is liable
to the same fine as for non-acceptance of office; but
disqualification because of absence shall, as regards subsequent
elections, cease on his return.
(5) A person who becomes disqualified because of being
away from Trinidad and Tobago at the time of his election and
failing to return within the time specified in subsection (1)(d) is not
liable to the penalty mentioned in section 22 and shall, as regards
subsequent elections, cease to be disqualified on his return.
28. (1) Where a person elected to a corporate office declares
on oath before the Mayor of the Corporation that he is not
qualified to make the declaration of acceptance of office set out
in the Fourth Schedule or, having made such a declaration of
acceptance of office, declares on oath that he has ceased to be
qualified to hold such office, the Council shall forthwith declare
his office to be vacant.
Fourth
Schedule.
Person elected
to corporate
office may
declare that he
is not qualified.
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36 Chap. 25:04 Municipal Corporation
LAWS OF TRINIDAD AND TOBAGO
(2) Notice of the vacancy, signed by two members of the
Council and countersigned by the Chief Executive Officer shall
be affixed in some conspicuous place near the outer door of the
Municipal Office.
29. On being satisfied that the seat of a Councillor has
become vacant, the President shall issue a writ addressed to the
Returning Officer of the appropriate electoral district for
the election (hereinafter referred to as a “bye-election”) of a
new Councillor.
30. Where need arises for the election of any person to any
corporate office other than that of Councillor and there is no
provision in this Act for holding another election, the Council
may order a new election to be held and may give such directions
as may be necessary for holding the election.
31. (1) Where a person acts in a corporate office without
making the declaration of acceptance of office set out in the
Fourth Schedule or without being qualified at the time of making
the declaration or after becoming disqualified, he is guilty of an
offence and liable for each such offence on conviction on
indictment to a fine of four thousand dollars.
(2) A person who is registered as an elector is not guilty
under this section on the ground only that he was not entitled to
be enrolled therein.
32. Acts done in the exercise of the powers and duties
attaching to the holder of a corporate office by a person holding
and acting in such office shall be valid notwithstanding that
person’s disqualification.
33. The election of a person to a corporate office shall not be
questioned on the ground only of a defect in the title or want of
title of the person who presided at the election if that person was
at the time of the election holding or acting in the office giving
him the right to preside at the election.
Issue of writ for
election.
New election in
certain cases.
Penalty.
Fourth
Schedule.
Validity of acts
of corporate
officer
notwithstanding
disqualification.
Validity of
election
notwithstanding
want of
qualification of
returning
officer.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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Municipal Corporations Chap. 25:04 37
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
34. Every Corporation shall have a staff of Chief Officers, a
Chief Public Health Inspector and such other officers and
employees as are necessary for the efficient discharge of the
functions of the Council under this or any other written law.
35. The Statutory Authorities’ Service Commission
established under the Statutory Authorities Act shall appoint,
remove, transfer and exercise disciplinary control over the
officers of the Corporations mentioned in the First Schedule, and
the Public Service Commission established under section 120 of
the Constitution shall appoint, remove, transfer and exercise
disciplinary control over the officers of the Corporations
mentioned in the Second Schedule.
36. (1) The Chief Officers of a Corporation shall be—
(a) the Chief Executive Officer;
(b) the Corporation Secretary;
(c) the Treasurer;
(d) the Engineer;
(e) the Medical Officer of Health.
(2) The President may, by Notice in the Gazette direct
that in relation to a particular Corporation—
(a) the duties of one or more of the Chief Officers or
other persons may be performed by such other
Chief Officer or other persons, as the case may
be, as he designates in the Notice and, in such a
case, all the provisions of this Act relating to the
first-mentioned Chief Officer or other persons;
(b) the staff of the Corporation shall not include
such Chief Officer as he designates in the Notice
and in such a case the provision of this Act
relating to such designated Chief Officer shall
not apply to that Corporation.
(3) The Chief Officers shall perform, in addition to the
functions hereinafter described, such other functions as are
incidental or related thereto.
Officers of a
Corporation.
Appointment of
Officers.
Ch. 24:01.
[8 of 1992].
First Schedule
Ch. 1:01
(Sub. Leg).
Second
Schedule.
Chief Officers.
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38 Chap. 25:04 Municipal Corporation
LAWS OF TRINIDAD AND TOBAGO
37. (1) A vacancy in the office of a Chief Officer shall be
reported forthwith to the Commission.
(2) A vacancy in any office held by a Chief Officer shall
be filled within three months after its occurrence, failing which,
the failure to fill the vacancy shall forthwith be reported to the
President by the Mayor.
38. The Chief Executive Officer is the chief administrative
officer and chief accounting officer of a Corporation and he shall—
(a) attend all meetings of the Council and any
meetings of its committees as he may be
required by the Council to attend;
(b) see that the business of the Corporation is carried
out in accordance with the Bye-laws,
Regulations and resolutions of the Council and
be responsible for the correspondence of the
Council and conduct such negotiations on behalf
of the Corporation as the Council may require;
(c) be responsible for and supervise all sales carried
out by the Corporation for the recovery of any
rates or charges due to the Corporation;
(d) see that the terms and conditions of appointment
of the officers of the Corporation are carried out,
that decisions of the Council relating to their
work or conduct are conveyed to them, and that
the duties of such officers are duly performed;
(e) be responsible for the administration and co-
ordination of the work of the several
departments of the Corporation on ordinary
questions concerning their duties and
obligations arising therefrom;
(f) not later than the 31st March in each year,
submit to the Mayor for the information of the
Council a full and accurate report on the entire
administration of the Corporation for the period
ending the 31st December in the preceding year,
Vacancy in
office of Chief
Officer.
Functions of the
Chief Executive
Officer.
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LAWS OF TRINIDAD AND TOBAGO
L.R.O.
including a summary of the general state and
condition of the Corporation, together with such
observations and recommendations as he thinks
expedient or necessary.
39. The Corporation Secretary shall—
(a) have the charge and custody of and be
responsible for the seal, charters, deeds, records
and documents of the Corporation which shall
be kept as the Council may direct;
(b) attend all meetings of the Council and be
responsible for the provision of secretarial
services to all meetings of the Council and its
committees and for drawing up the Minutes and
reports of their proceedings, and the printing,
binding and indexing thereof;
(c) be responsible for the agenda papers of all
meetings of the Council and its committees, and
for the issue of notices in connection therewith;
(d) provide guidance to the Council, its officers and
employees in relation to the affairs of the
Corporation.
40. The Treasurer shall be the principal financial officer of
the Corporation and shall—
(a) be primarily charged with all matters of finance
and accounts of the Corporation and for such
purpose shall, in such books as may be necessary,
record and keep true and proper accounts of all
moneys received and receivable and paid and
payable on behalf of the Corporation for the
correctness of which he shall be responsible;
(b) attend all meetings of the Finance Committee
and such other meetings as he may be required
to attend by the Council;
(c) be responsible for the raising of all loans, the
issuing of bonds, the opening and closing of all
Functions of the
Corporation
Secretary.
[8 of 1992].
Functions of the
Treasurer.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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40 Chap. 25:04 Municipal Corporation
LAWS OF TRINIDAD AND TOBAGO
accounts, the preparation of the annual accounts
and balance sheet and such monthly or other
statements as may be desirable or as he may be
directed to prepare by the Council;
(d) subject to the Bye-laws and Regulations of the
Council and the approval of the Finance
Committee, ensure that proper records are kept
of all stores;
(e) be responsible for establishing and maintaining a
proper and adequate system of accounting in such
a way that the assets and liabilities of the
Corporation are properly recorded and that the cost
of any particular service may be easily ascertained
and also to ensure the effective financial control
of the funds and affairs of the Corporation and
for the balancing of all accounts and for the
safe keeping of all records of his department;
(f) from time to time, carry out departmental
inspections of all transactions of the Corporation
and shall immediately bring to the notice of the
Chief Executive Officer, for the information of
the Council, any error or discrepancy apparent in
the books of the Corporation;
(g) whenever required, submit to the Finance
Committee a trial balance sheet and such other
financial reports and statements as may be
necessary for their information and shall, not later
than the last day of February in every year, submit
to the Finance Committee a report and balance
sheet showing the complete and accurate financial
position of the Corporation for the period ended
the 31st December of the preceding year;
(h) not later than the last day of July in each year,
prepare and submit to the Finance Committee, a
full and proper estimate of the income receivable
and the expenditure to be incurred during the
financial year commencing on the 1st January
next following;
UNOFFICIAL VERSION
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L.R.O.
(i) at the request in writing of any member of the
Council, submit for inspection of such member
any book of account or record of the Corporation;
(j) keep true accounts of all moneys received and
receivable and paid and payable by the Mayor
for any charitable purpose of which the Mayor
or the Corporation may assume the charge.
41. The Engineer shall be the principal engineer and survey
officer of the Corporation, and he shall—
(a) be primarily charged with all survey, construction
and engineering works within the jurisdiction or
under the authority of the Corporation and with
ensuring that the public comply with the
requirements of the Bye-laws and Regulations of
the Corporation and any other written laws in
respect of such matters and for such purposes
shall make, prepare, require and keep true and
proper specifications, plans and sections, estimates,
reports and other appropriate documents and
records relating to all such works;
(b) attend all meetings of the committee in charge of
physical infrastructure and such other meetings
as he may be required to attend by the Council;
(c) be responsible for the proper maintenance and
upkeep of the Corporation’s buildings, plant and
equipment;
(d) as soon as practicable after the first day of
January in every year, submit to the Chief
Executive Officer and Treasurer, a full and
accurate report on the various buildings, roads,
and other engineering installations and works of
the Corporation and of the state and conditions
thereof and of the work of his department for the
period ended the 31st December in the preceding
year, together with such recommendations as
he may consider expedient or necessary;
Functions of the
Engineer.
[8 of 1992].
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UPDATED TO DECEMBER 31ST 2014
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42 Chap. 25:04 Municipal Corporation
LAWS OF TRINIDAD AND TOBAGO
(e) not later than the 30th June in each year, prepare
and submit to the Chief Executive Officer and
Treasurer a full and proper estimate of the income
receivable and the expenditure to be incurred by
his department during the financial year
commencing on the 1st January next following.
42. The Medical Officer of Health shall be the principal
medical and health officer of the Corporation and he shall—
(a) be primarily charged with the duties imposed
upon the Corporation by the Public Health
Ordinance, and with all Bye-laws and
Regulations relating to the general health and
sanitation of the Municipality and with the
enforcement thereof and shall cause to be made
and kept such reports, records and vital and other
statistics as may be necessary to keep the Council
informed of the true state and condition thereof;
(b) attend all meetings of the Council in its capacity
as a Local Authority within the meaning of
section 12 of the Public Health Ordinance and
such other meetings as he may be required by
the Council to attend;
(c) as soon as practicable after the 1st January in
every year, submit to the Chief Executive
Officer for the information of the Council a full
and accurate report on the general state of health
and sanitation of the Municipality, including the
institutions under his supervision or control, and
of the vital and other statistics pertaining thereto
and of the work of his department for the period
ending 31st December in the preceding year
together with such recommendations as he may
consider expedient or necessary;
(d) not later than the 30th June in each year, prepare
and submit to the Treasurer a full and proper
estimate of the income receivable and the
Functions of the
Medical Officer
of Health.
Ch. 12. No. 4.
(1950 Ed.).
Ch. 12. No. 4.
(1950 Ed.).
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UPDATED TO DECEMBER 31ST 2014
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LAWS OF TRINIDAD AND TOBAGO
L.R.O.
expenditure to be incurred by his department
during the financial year commencing on the
1st January next following.
43. The Chief Public Health Inspector shall be directly
responsible to any Medical Officer of Health on the
Corporation’s establishment and, where there is no such Medical
Officer of Health, he shall be directly responsible to the Chief
Executive Officer.
44. (1) Every officer appointed to the staff of a Corporation
shall at such times during the continuance of his office or within
three months after his ceasing to hold it, and in such manner as
the Council directs, deliver to the Council or as it may direct, a
true account in writing, of all property, money and other matters
committed to his charge, and of his receipts and payments, with
vouchers supporting the entries therein, together with a list of
persons from or to whom money is due in connection with his
office, showing the amount due from or to each.
(2) Every such officer shall pay all moneys due from
him to the Treasurer.
(3) If any such officer—
(a) refuses or wilfully neglects to deliver any
account or list which he ought to deliver or any
voucher relating thereto or to make any payment
which he ought to make; or
(b) refuses or wilfully neglects to deliver to the
Council, or as it may direct, any book or
document which he ought so to deliver, or to
give satisfaction respecting it to the Council, or
as it may direct, within three days after a notice
in writing signed by the Chief Executive Officer
or by two members of the Council and the
Mayor and requiring him to do so has been
served on him personally or left at his last
known place of abode,
The Chief
Public Health
Inspector.
Accountability
of officers.
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44 Chap. 25:04 Municipal Corporation
LAWS OF TRINIDAD AND TOBAGO
a Magistrate or Justice shall, upon complaint made on behalf of
the Corporation by any person authorised in writing by it, issue a
warrant under his hand to bring such officer before a Magistrate,
and upon the officer appearing, or not being found, the Magistrate
may hear and determine the matter in a summary manner.
(4) If it appears to the Magistrate that any sums of money
are due by such officer to the Corporation, and the officer does not
forthwith, or within such time as the Magistrate might allow, pay
over the same to the Corporation, the Magistrate shall cause such
sums to be levied by distress and sale of the goods of the officer.
(5) If—
(a) sufficient goods are not found to satisfy the
moneys mentioned in subsection (4) and the
charges of the distress; or
(b) it appears to the Magistrate that the officer has
been guilty of any neglect or refusal as specified
in subsection (3),
the Magistrate shall commit the officer to prison, there to remain
without bail until he has paid to, or compounded with, the
Corporation for any moneys found to be due as aforesaid, or until
he has purged himself of the neglect or refusal above-mentioned.
(6) No person committed to prison for want of
sufficient distress only shall be detained there for a period longer
than three months.
(7) Nothing in this section affects any remedy by action
against any such officer, except that the officer shall not be both sued
by action and proceeded against summarily for the same cause.
45. (1) Subject to this Act, a Council shall fix an establishment
for every department, which establishment shall be submitted in
each year along with the estimates to the Minister, who may make
such amendments thereto as he considers expedient.
(2) Subject to section 2(5) of the Industrial Relations
Act, a Council shall be responsible for the appointment,
discipline, suspension and dismissal of its employees not being
officers of the Corporation as defined in section 2 of this Act.
Employees
other than
officers of the
Corporation.
Ch. 88:01.
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L.R.O.
46. It is the duty of a Council to consult with the recognised
majority union as certified by the Registration Recognition
and Certification Board established under the Industrial
Relations Act with a view to the conclusion between the Council
and that union of such agreements as appear to the parties to be
desirable with respect to the establishment and maintenance
of machinery for—
(a) the settlement by negotiation of terms and
conditions of employment of persons other than
officers employed by the Council;
(b) the promotion and encouragement of measures
affecting the safety, health and welfare of such
persons employed by the Council; and
(c) the discussion of other matters bearing on
efficiency in the operation of the services
provided by the Council.
47. (1) The Council may appoint or hire a fit and proper
person to be the bailiff of the Corporation.
(2) A person appointed under this section shall take an
oath before the Mayor to discharge the duties of bailiff faithfully
and shall give security for such discharge as the Council may
consider proper.
(3) Subject to the approval of the Council, the bailiff
may in writing under his hand appoint such number of assistants
as he considers necessary.
PART III
MUNICIPAL POLICE SERVICE
48. (1) There shall be established for each Municipality a
Municipal Police Service for service in connection with the
duties of the Corporation and the Commission may in
consultation with the Commissioner of Police appoint for that
purpose a sufficient number of commissioned officers,
subordinate police officers and constables.
Council to
consult
appropriate
organisation.
Ch. 88:01.
Appointment of
bailiff.
Municipal
Police Service.
[8 of 1992].
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46 Chap. 25:04 Municipal Corporation
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(2) In this section—
“commissioned officer” includes an officer of the rank of
superintendent, assistant superintendent and inspector of a
Municipal Police Service;
“subordinate police officer” means a Municipal Police Officer of
the rank of sergeant or corporal.
(3) Every person who immediately before the
commencement of this Act held or was acting in office as a
Corporation policeman for a Corporation shall, as from the
commencement of this Act, continue to hold or act in the like
office as a Municipal Police Officer in the Service established
for the Corporation hereby continued by this Act on the same
terms and conditions enjoyed prior to the coming into force of
this Act.
(4) Except where expressly applied thereto by Order of
the President, this Part does not apply to any Corporation
mentioned in the Second Part of the Second Schedule.
49. The President may issue arms and ammunitions to a
Municipal Police Service and any member thereof may carry and
use the same for lawful purposes.
50. Every member of a Municipal Police Service shall be
precepted by the Commissioner of Police.
51. The Commissioner of Police may, on the advice of the
Commission, permit persons appointed to be Municipal Police
Officers under section 48 to wear the badges of the ranks and
uniforms similar to those worn by members of the respective
ranks in the Police Service.
52. The Commissioner of Police may at any time command
any Municipal Police Officer to perform and discharge within
the Municipality for which his Service was established such
duties as members of the Police Service may be required to
perform and discharge.
Second
Schedule.
President may
issue arms to
Service.
[8 of 1992].
Precept by
Commissioner
of Police.
[8 of 1992].
Badges and
uniforms.
Authority of
Police
Commissioner.
[8 of 1992].
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Municipal Corporations Chap. 25:04 47
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53. Every member of a Municipal Police Service, in addition
to the special powers vested in him under this Act, has in respect
of the whole of Trinidad and Tobago all the powers, privileges and
immunities conferred on a constable by the Common Law, and
also all the powers, privileges, immunities and liabilities conferred
or imposed on a constable or on a First Division or Second
Division police officer of corresponding rank by the Police Service
Act and every act done by or to any member of a Municipal Police
Service in the execution of his duty has the same effect and is
attended with the same liabilities and other consequences and is
punishable in the same manner as if done by or to a member of the
Police Service in the execution of his duty.
54. (1) A Municipal Police Officer may arrest without
warrant all persons whose names and addresses are unknown to
him and who refuse to give their names and addresses to him and
are found by him committing within the Municipality in which he
serves any offence against this Act or against any Bye-laws or
Regulations made under this Act.
(2) Subject to subsection (3), a person so arrested may
be taken to a police station within the Municipality and the police
officer on duty at such station shall, on receiving a warrant signed
by the Municipal Police Officer who made the arrest and
purporting to show that the person arrested was liable to arrest
under this Act, detain the person at the station until he can be
conveniently taken before some Magistrate or Justice to be dealt
with according to law.
(3) A person arrested under this section may not be
detained longer than is reasonably necessary for bringing him
before a Magistrate or in any case for more than forty-eight hours
and no action shall lie against any Municipal Police Officer or
police officer on duty for anything done by him under a warrant
to this section.
(4) The warrant mentioned in this section shall be in the
form set out in the Fifth Schedule.
General powers
and immunities
of Municipal
Police Officers.
[8 of 1992].
Ch. 15:01.
Offenders may
be arrested
without warrant.
Fifth Schedule.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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55. (1) Where any person who has been arrested without a
warrant by a Municipal Police Officer under section 54 and has
been brought to a police station within the Municipality in which
the police officer serves at any time by day or night at which a
Magistrate is not actually sitting for the public administration of
justice at the place used for that purpose in the Municipality, the
police officer on duty at such station may, unless he has good and
sufficient reason to do otherwise (which reason shall be recorded
in the Station Diary), admit that person to bail by recognisance
without sureties for an amount not exceeding two thousand
dollars to appear before a Magistrate at a time and place specified
in the recognisance.
(2) The police officer on duty shall enter in a book kept
for that purpose the name, residence, and occupation of the person
entering into the recognisance and of his sureties, if any, with the
condition of the recognisance and the sums acknowledged and the
book shall be laid before the Magistrate present at the time when
and place where the recognisor is required to appear.
(3) Where the recognisor does not appear at the place
and time required or within one hour afterwards, the Magistrate
may, by endorsement on such recognisance, declare the same to
be forfeited and may issue a warrant for the imprisonment of the
recognisor and his sureties or surety, if any, for any term not
exceeding six months unless the amount mentioned in the
recognisance is paid.
(4) Whether the recognisor does or does not appear, the
Magistrate may, if he thinks fit, enlarge the recognisance to such
further time as he appoints.
56. Information and complaints in respect of any offences
committed within a Municipality against the provisions of this Act
or of any Bye-laws, Rules or Regulations made by the Corporation
under this Act or any other written law, may be laid and made by
any Municipal Police Officer appointed for that Corporation in his
own name, and such Police Officer may also conduct the
proceedings before the Magistrate in all cases in which he is the
complainant under the powers conferred by this section.
Power to bail.
Municipal
Police Officers
may lay
information and
conduct
proceedings.
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57. (1) Where any personal property of any kind is in the
possession of a Council of a Municipality or a member of the
Municipal Police Service in connection with a charge of an
offence under this Act or any Act administered by the Council or
any Bye-laws of the Corporation or by reason of having been
found abandoned in a public place and the Council or the
commissioned officer is unable to ascertain its owner, the
Council may cause it to be sold or otherwise disposed of as
provided below and, subject to subsection (3), may retain to its
own use the proceeds of such sale or disposition.
(2) Where such property is perishable or its custody
involves unreasonable expense or inconvenience, the sale or
disposition of it may be made at any time without notice of any
kind and, with respect to other cases, the Council may in the case
of property other than motor vehicles, sell the same after the
expiration of three months from the time it came into possession
of the Council or member of the Municipal Police Service.
(3) Where the property consists of money, it shall be dealt
with in all respects as is provided above with regard to the proceeds
of sales hereby authorised after it has remained in the possession of
the Council for three months and has been advertised for ten days.
58. (1) Every Municipal Police Officer of the rank of
Inspector or above shall ex officio be a Justice of the Peace in and
for the whole of Trinidad and Tobago and shall take the oath as
such Justice.
(2) As a Justice every such Municipal Police Officer
shall at all times act ministerially for the purposes of the
preservation of the peace, the prevention of crime and the
detection and committal of offenders, and for carrying out the
other objects of this Act but he shall not in any way act judicially
as a Justice, either in any Court or in any other manner, except
when specially appointed so to act.
59. A Corporation having an interest in a building or area
beyond the boundaries of the Municipality may undertake and agree
to pay the whole or part of the cost of policing such building or area.
Sale of stolen
or abandoned
property.
[8 of 1992].
Certain
Municipal
Police Officers
to be Justices.
Policing beyond
boundaries of
Municipality.
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60. The Commission may make Regulations providing for
the classification of officers in a Municipal Police Service,
including qualifications, duties and remuneration and providing
generally for the discipline, good order and government of the
Municipal Police Services and until such Regulations are made
hereunder, Regulations made under the Police Service Act,
insofar as the Commission deems them applicable to any matter
concerning Municipal Police Services or Municipal Police
Officers, shall apply mutatis mutandis.
*60A. Notwithstanding section 60 and any other written law,
the President may, by Order grant a duty allowance to Municipal
Police Officers.
61. The President may make Regulations respecting the
description and issue of arms, ammunition, accoutrements, uniform
and necessaries to be supplied to the Municipal Police Services.
PART IV
MEETINGS AND PROCEEDINGS OF THE
COUNCIL OF A CORPORATION
62. (1) Every Council shall hold meetings at least once a
month or within such period as the Minister may approve at
such times and on such days as the Council may from time to
time determine.
(2) The Mayor of a Corporation may at any time
convene a special meeting of the Council.
(3) Where the Mayor neglects or refuses to call a
meeting within seven days of receiving a written request therefor
signed by not less than one-third of the members of a Council, any
of the signatories to the request may thereupon call the meeting.
63. (1) The Corporation Secretary shall give each member
of the Council two clear days written notice of any monthly or
other periodic statutory meeting approved by the Minister under
section 62(1) and such notice shall specify the business to be
transacted at the meeting.
Regulations for
Municipal
Police Service.
[8 of 1992].
Ch. 15:01.
Duty allowance.
[4 of 2014].
Regulations
respecting arms.
[8 of 1992].
Meetings.
Notice of
meeting.
*This section took effect from 1st October 2010.
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(2) At least twenty-four hours written notice shall be
given to members by the Corporation Secretary in the case of a
special meeting called by the Mayor or by a signatory to the
request for such a meeting in the case of a special meeting called
under section 62(3).
(3) Subject to section 36(1)(c) of the Interpretation Act,
want of service of written notice on any member of the Council
shall not affect the validity of a meeting.
(4) Except by leave of the Council, no business shall be
transacted at a meeting other than that specified in the notice
relating thereto.
64. The Mayor shall be ex officio Chairman of meetings of
the Council and shall preside at all meetings of the Council at
which he is present; in the case of his absence, the Deputy Mayor
shall preside and, in the case of the absence of the Deputy Mayor,
the members present and constituting a quorum shall elect a
Chairman from among their number.
65. A quorum at meetings of a Council or of any of its
Committees shall be constituted by fifty per cent of the
membership of the Council or of the Committee.
66. (1) Subject to the provisions of this Part, and subject to
the approval of the President, a Council may make Rules and
Standing Orders to provide for—
(a) the regulation and conduct of the proceedings
and meetings of the Council and as Local
Authority within the meaning of the Public
Health Ordinance and of all committees thereof;
(b) the maintenance of order and method in the
despatch of business and in the conduct of
debates in the Council;
(c) such other matters as may be considered
necessary to ensure the efficient functioning of
the Council,
and in particular such Rules or Standing Orders may provide that
the Minutes of the proceedings of any meeting shall, when copies
thereof have been circulated to members, be taken as read, and
Ch. 3:01.
Chairman of
meetings.
Quorum.
Standing Order.
Ch. 12. No. 4.
(1950 Ed.).
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may also provide for the postponement of the confirmation of the
Minutes of the proceedings of any meeting.
(2) A motion to suspend the Standing Orders of a
Council or any of them may be made at any meeting of the
Council without notice, and shall be voted upon without debate,
but shall not be carried unless supported by at least two-thirds of
the members present and voting.
67. (1) All acts of a Council, and all questions coming or
arising before a Council shall, unless otherwise prescribed by this
or any other written law, be done and decided by the majority of
such members of the Council as are present and voting at a
meeting held in pursuance of this Act, the whole number present
at the meeting not being less than a quorum, but except with the
unanimous consent of the members present, not being less than
two-thirds of all members, no motion passed within the preceding
six months, and no motion to the same effect as any motion
which has been negatived by the Council within the preceding six
months, shall be considered at any meeting of the Council and no
such motion shall be passed except upon the vote of a majority of
at least two-thirds of members present and voting thereon.
(2) The person presiding at a meeting of a Council shall,
in the event of an equality of votes, have a second or casting vote.
68. (1) Subject to section 69(1), a Council of a Corporation
may appoint from among its members such committees, either of
a general or a special nature consisting of such number of persons
as it thinks fit, for any purposes which, in the opinion of the
Council, would be better regulated and managed by means of
such committees.
(2) A member of a Council not being a member of a
committee may attend a meeting of that committee and may take
part in the deliberations of such committee but shall not vote.
(3) A Council may appoint persons, not being members
of Council, to any committee and such persons may take part in
the deliberations of such committee but shall not vote.
(4) Every committee of a Council shall, unless otherwise
expressly authorised by the terms of its reference, submit its
proceedings and recommendations to the Council for approval.
Voting.
Appointment of
committees.
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(5) The proceedings and recommendations of every
Committee of a Council shall be submitted to the Council in the
form either of Minutes of the proceedings at the meetings of
such Committee, or of a formal report signed by the Chairman of
such Committee.
(6) Any recommendations in any such report, when
adopted by a majority of the members present, shall become and
be deemed to be resolutions of the Council.
(7) In addition to the committees referred to in
subsection (1), the Council may appoint advisory committees of
persons who are not members of the Council.
69. (1) Every Council shall appoint Standing Committees to
deal with the following matters:
(a) Finance, Planning and allocation of Resources;
(b) Personnel;
(c) Public Health;
(d) Physical Infrastructure.
(2) The membership of each such Committee shall
comprise not less than 51 per cent of all the members of the Council.
70. A Committee appointed by a Council may from among
its members appoint sub-Committees and may, subject to any
Standing Orders or to any directions by the Council, delegate to
a sub-Committee any of its functions, but only so far as it is
authorised to do so by Standing Orders or by any directions of
the Council.
71. (1) Minutes of the meetings of a Council or of a
Committee thereof shall be signed by the Chairman of the meeting.
(2) Minutes of the meeting of a Council or of a Committee
thereof signed by the Chairman, or by a member of the Council or
of the Committee describing himself as or appearing to be
Chairman of the meeting at which such Minutes were adopted or
confirmed shall be received in evidence without further proof.
Standing
Committee.
Sub-Committees.
Minutes signed
by Chairman to
be evidence.
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72. Until the contrary is proved, every meeting of a Council or
of a Committee thereof in respect of which Minutes have been
made as provided in section 71, and every meeting of a Committee
the proceedings of which are embodied in a report signed by the
Chairman of such Committee and received by the Council, shall be
deemed to have been duly convened and held, and all members
taking part in any such meeting shall be deemed to have been duly
qualified, and where the proceedings are proceedings of a
Committee, the Committee shall be deemed to have been duly
constituted and to have had power to deal with the matters referred
to in the Minutes or in the report, as the case may be.
73. A Council may delegate to any Committee appointed by
it any of the powers or duties vested in or imposed upon the
Corporation by this or any other written law for the time being in
force, and may direct that the acts and proceedings of such
Committee need not be submitted to the Council for approval
and in every such case the acts done and the proceedings
taken by the Committee in relation to the powers and duties so
delegated to such Committee shall be done and instituted in the
name of the Corporation and shall be as valid and binding on all
parties as if such acts had been done and such proceedings taken
by the Council.
74. The reasonable travelling expenses of every
Committee appointed by a Council incurred for the purpose of
inspecting premises and places in connection with the matters
referred to such Committee shall be paid out of the ordinary
revenue of the Corporation.
75. (1) The meetings, except meetings of a Committee
including a Committee of the whole, of every Council shall be
open to the public, and no person shall be excluded therefrom
except for improper conduct.
(2) The Chairman may expel or exclude from any
meeting any person who has been guilty of improper conduct at
the meeting.
Meetings
deemed to have
been duly
convened.
Delegation of
powers of the
Council to
Committee.
Travelling
expenses of
Committees.
Open meetings.
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L.R.O.
PART V
HOUSE RATE
76. (1) In this Part—
“Assessor” refers to any person appointed as such pursuant to
section 79 or to the Commissioner of Valuations under the
Valuation of Land Act;
“machinery and plant” means machinery and plant of an
industrial or commercial character or used for industrial or
commercial purposes affixed to a rateable hereditament, but
does not include machinery and plant owned by an
enterprise which is enjoying concessions as an approved
enterprise under the Fiscal Incentives Act, and used for the
purposes of that enterprise;
“rateable hereditament” means any dwelling house, warehouse,
store, shop, office, manufactory, factory, workshop, electric
sub-station, stable, shed, garage, racetrack, stadium,
underground cable or any other building installation, structure
or property within a Municipality and the lands in, under or
upon which any of the foregoing are built, erected, standing,
kept or maintained together with any lands appurtenance or
occupied with any of the same and includes every vacant
parcel of land within a Municipality not appurtenant to or
occupied with any of the same, but does not include—
(a) buildings occupied solely as churches, chapels
and other places of public worship of any
religious denomination;
(b) school buildings, offices and playgrounds of
schools within the meaning of the Education Act;
(c) public hospitals, public asylums and all
almshouses and institutions for the relief of the
poor, whether publicly or privately administered;
(d) quarters occupied rent free by members of staff of
any of the institutions mentioned in paragraph (a)
and within the curtilage thereof; and
(e) buildings and land belonging to and in the
occupation of the Council of Legal Education;
“premises” means rateable hereditament.
Interpretation.
Ch. 58:03.
Ch. 85:01.
Ch. 39:01.
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(2) Except where expressly applied thereto by Order of
the President under subsection (3), this Part does not apply to any
Corporation mentioned in the second Part of the Second Schedule.
(3) The President may by Order apply the provisions of
this Part to any Corporation excluded from its operation by
subsection (2).
77. There shall by raised, levied, collected by and paid to
each Corporation for the year beginning the 1st January, 1991
upon and in respect of every rateable hereditament within the
Municipality, an annual rate of tax not exceeding ten per cent of
the annual rateable value of such hereditament (hereinafter
referred to as the “house rate”) as determined by the Council in
accordance with this Part.
78. The annual rateable value of a rateable hereditament
shall be the gross annual rental value of a rateable hereditament
as determined by the Assessor in accordance with the provisions
of section 82 less such allowances for voids and loss of rent as
the Assessor may think reasonable to make.
79. There shall be an Assessor for assessing the annual
rateable value of all rateable hereditaments subject to the house
rates of every Corporation and ascertaining the names of the
several owners and occupiers thereof.
80. The Assessor shall ascertain and assess the annual
rateable value of each rateable hereditament within the
Municipality and record the names of the owners, occupiers or
tenants thereof and, before the 31st March of each year, the
Council shall fix the house rate payable.
81. (1) The Assessor, the Council or any officer of the
Corporation duly authorised in writing in that behalf (hereinafter
referred to as “an authorised officer”), may at any time require
any person who is the owner or the agent of the owner of any
rateable hereditament within the Municipality to send to the
Assessor or to the Council, within fourteen days of the requisition,
a return in the form set out as Form A in the Sixth Schedule.
Annual house
rate to be levied.
Annual rateable
value.
Assessor to be
appointed.
Assessor to
ascertain
rateable value.
Assessor and
Council may
require returns
from owners.
Form A.
Sixth Schedule.
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(2) The Assessor or an authorised officer may at any time
require the occupier of any rateable hereditament within the
Municipality to send to the Assessor or to the Council within
fourteen days of the requisition, a return in writing stating the
name of the owner of the hereditament or the person to whom he
pays the rent, the amount of the rent payable in respect thereof and
such other particulars respecting the hereditament as the Assessor
or the Council may require for the due execution of this Part.
(3) A person who—
(a) fails to make a return within the prescribed time
when requested to do so under subsection (1)
or (2); or
(b) makes a return which is defective or incomplete
or which is to his knowledge false in any
material particular,
is liable on summary conviction to a fine of five hundred dollars.
(4) The Assessor or any authorised officer may, for the
purposes of this Part and after giving reasonable notice to the
occupier of a rateable hereditament within the Municipality, enter
and examine such hereditament for the purpose of inspecting the
same and of ascertaining full particulars thereof, including the
number and size of the internal divisions and of the outhouses
used in connection therewith.
(5) An occupier of a rateable hereditament or his agent
or servant who—
(a) refuses to permit the Assessor or an authorised
officer to enter and examine the hereditament; or
(b) obstructs the Assessor or any authorised officer
when exercising the power conferred on them
by subsection (4),
is liable on summary conviction to a fine of one thousand dollars.
82. (1) In determining the annual rateable value of any
rateable hereditament within the Municipality for the purposes of
Mode of
determining
annual rateable
value.
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this Part, the Assessor shall, whether or not the rateable
hereditament is tenanted or used, take into account—
(a) the amount of annual rent a tenant may
reasonably be expected to pay for the rateable
hereditament, having regard to the purpose for
which the hereditament is actually used, occupied
or tenanted, or where it is not actually used,
occupied or tenanted, to the purpose for which it
is reasonably suitable; and
(b) in the case of a hereditament in respect of which
the Council has passed a resolution pursuant to
subsection (2), the machinery and plant in or
upon the hereditament.
(2) The Council may from time to time by resolution
declare that machinery and plant in or upon a hereditament shall
be taken into account for the purpose of determining the annual
rateable value of the hereditament.
(3) In ascertaining under subsection (2) the gross annual
rateable value of any rateable hereditament, no account shall be
taken of—
(a) the provisions of the Rent Restriction Act or any
statutory provision limiting or otherwise
affecting the rent which may be required or
recovered from a tenant thereof; or
(b) the value of any services which the landlord
renders or procures to be rendered to the tenant
either alone or in common with other tenants of
the landlord.
(4) Where a hereditament is leased or rented to a tenant
who is required to pay in respect thereof—
(a) any premiums of insurance payable against loss
or damage by fire or otherwise; or
(b) any land rent which his landlord is liable to pay
to the owner of the site of the hereditament,
Ch. 59:50.
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the annual rateable value of the rateable hereditament shall be the
amount of the valuation thereof ascertained in accordance with
subsection (1) with the addition of—
(i) the yearly amount of the premiums
mentioned in paragraph (a), and
(ii) the yearly amount of the land rent
mentioned in paragraph (b).
83. (1) A person who comes into possession of a rateable
hereditament, within the Municipality, whether in his own right,
as a trustee for any other person, as the personal representative of
a deceased person or as the Committee of any other person, shall
within one month next after he comes into possession send to the
Chief Executive Officer a return in such form as may be
prescribed describing the rateable hereditament and stating the
title under which he got possession.
(2) A person who—
(a) fails to comply with the provisions of
subsection (1); or
(b) makes a return which is in any respect defective
or incomplete, or is to his knowledge false in
any material particular,
is liable on summary conviction to a fine of five hundred dollars.
(3) A Council may cause to be entered in a book or books
herein referred to as the Register of Ownership, and in such form
as it may from time to time determine, the name of every person
sending in a return under this section, and the description of the
premises in respect of which he makes such return.
(4) A Council may, by resolution, set the procedure to be
followed and the entries to be made in any Register of Ownership
in cases where there appear to be conflicting claims in returns
sent in under this section.
84. (1) The annual rateable value of a hereditament as
determined by the Assessor shall be entered by him in a book to be
called the “House Rate Book” according to the alphabetical order
Returns to be
submitted to
Chief Executive
Officer.
House Rate
Book.
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of the names of the land, streets, squares and other places in the
Municipality and there may also be entered in the House Rate
Book the names of the owners or reputed owners and such other
particulars as the Council may from time to time direct.
(2) The Assessor shall also enter in the House Rate
Book the number or other mark by which the rateable
hereditament shall be known, the amount of the rate payable and,
where there is more than one occupier, the name of each occupier
and the amount of the monthly, annual or other rent or
consideration payable by each occupier.
(3) Where pursuant to section 82(2) a Council declares
that machinery and plant in or upon any hereditament shall be
taken into account for the purpose of determining the annual
rateable value of the hereditament, the Assessor shall cause to be
entered in the House Rate Book, in addition to the amount
referred to section 82(1), a separate statement showing what
portion of the amount is, in his opinion, attributable to the fact
that machinery and plant have been taken into account.
(4) An Assessor shall, after making all the entries required
to be made under subsections (1) and (2), deliver the House Rate
Book to the Chief Executive Officer on or before the 31st of March
in each year to be laid before the Council for approval.
(5) The House Rate Book of every Corporation to be
prepared under this Part shall be in a form approved by the Council.
(6) All rates leviable by and to be paid to a
Corporation under the provisions of this Act, or of any other
written laws, whether passed before or after the commencement
of this Act, shall be based on the valuations in the House Rate
Book in force for the current year.
85. In the year 1991, and not later than every subsequent third
year, each Council shall cause new valuations to be made of all
rateable hereditaments within each Municipality in accordance
with the provisions of this Part, and the valuations made in the first
year of each valuation period, and entered in the House Rate Book
for such period, shall, with and subject to such additions and
alterations as may be made by the Assessor or Council pursuant to
New valuations
to be made
every three
years.
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the powers conferred by this Act, in consequence of any decision
of a Court of competent jurisdiction, be the valuations in force for
such valuation period, and shall continue in force until new
valuations are made under this Act.
86. (1) As soon as practicable after a House Rate Book has
been laid before a Council, notice of the completion thereof shall
be published at least once a week for two consecutive weeks in a
daily newspaper circulating within the Municipality and at least
once in the Gazette.
(2) Every person who claims to be either the owner or
the occupier of any hereditament entered in the House Rate Book
or the agent of such owner or occupier may at any time during the
fourteen days following the first publication of the notice inspect
the House Rate Book and make extracts therefrom free of charge.
(3) A notice referred to in subsection (1) shall be in the
form set out as Form B in the Sixth Schedule.
87. (1) A rateable hereditament within a Municipality which
has for any reason not been assessed or entered in the House Rate
Book of the Corporation shall not by reason of that fact be
relieved from the liability to be rated under this Part and the
Assessor may at any time value such hereditament and enter it,
the rateable value thereof and the rate payable thereon in the
House Rate Book and the Council shall fix the date on which the
rate shall be due and payable and may levy and collect same.
(2) Notice of the valuation of a hereditament referred to
in subsection (1) shall be given to the owner thereof and the
provisions of sections 95 to 101 shall apply to a valuation made
under this section.
(3) A notice referred to in subsection (2) shall be in a
form approved by the Council.
88. (1) Whenever, at any time after the completion of any
House Rate Book and before the commencement of the next
valuation period, any rateable hereditament comes into being or
is completed, installed, erected, extended, improved, altered or
subdivided within a Municipality, the Assessor may, at any time
Notice of
completion of
House Rate
Book to be
published.
Form B.
Sixth Schedule.
Omission to
enter
hereditament in
House Rate
Book does not
affect liability to
be rated.
Assessment of
rateable
hereditament
coming into
being after
completion of
House Rate
Book.
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after the same has come into being or has been completed,
erected or installed or has been extended or improved or has been
altered or subdivided, fix the annual rateable value thereof for the
purpose of this Part.
(2) The house rate arising from a valuation under
subsection (1) in respect of the rating year then current shall be,
in the case of a rateable hereditament not already for the same
year assessed and rated to the house rate under the same
description in the House Rate Book in force, the due proportion
of the annual rate charged thereon, and in every other case the
sum of the due proportion of the annual rate charged thereon
before the valuation under this subsection and the due proportion
of the annual rate charged thereon after such valuation and such
rate or any balance thereof which may be owed shall be due and
payable on such date as the Council may fix.
(3) Where, as a result of any reduction in the valuation
of a rateable hereditament under this section, there has been any
overpayment of the rate due, the Corporation shall forthwith
refund the amount of such overpayment to the owner of such
rateable hereditament.
(4) Every valuation made under subsection (1) shall
come into force on the first day of the month immediately
following such valuation.
(5) Notice of every valuation of a rateable hereditament
made under subsection (1) shall be given to the owner of such
hereditament in a form approved by the Council.
(6) All house rates payable under subsection (1) in respect
of any rateable hereditament shall until paid be a charge upon such
rateable hereditament.
(7) All entries and alterations necessary in consequence
of any valuation of a rateable hereditament under subsection (1)
shall be made in the House Rate Book in force and shall continue
in force until a new valuation for the next valuation period, or
until further entries and alterations (if any) are made by virtue of
any provisions of this Act.
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(8) The valuations made under this section, during the
time that they are in force, shall be deemed to be the valuations
of the rateable hereditaments to which they relate.
(9) Where a new house valued under this section stands
upon premises already assessed and rated to the house rate in the
House Rate Book in force under the same description as the new
house bears, the rate payable in respect of such new house for the
unexpired portion of the year in which it was erected shall be
calculated upon the difference between the annual rateable value of
the premises before the erection of such new house and the annual
rateable value of the premises after the completion of such new
house; and such rate, as well as the rate appearing in the House
Rate Book in force before the erection of such new house, shall be
a charge upon such new house; and all necessary entries and
alterations shall be made in the House Rate Book in force.
89. (1) Where a house referred to in section 88 is erected on
premises which have already been assessed and entered in the
House Rate Book in force under the same description as the
house bears, the rate payable in respect of the house for the
unexpired portion of the year in which it was erected shall be
calculated on the difference between the annual rateable value of
the premises before the erection of the house and the annual
rateable value of the premises after its completion.
(2) The rate referred to in subsection (1) as well as the
rate entered in the House Rate Book in force before the
completion of the house shall be a charge on the house; and all the
necessary entries shall be made in the House Rate Book in force.
90. (1) The Council shall, as soon as convenient after any
alteration in the boundary of any Municipality, cause the several
rateable hereditaments in the new area so included to be valued in
accordance with the provisions of this Part for the purpose of fixing
the house rate payable in respect thereof and shall cause such
valuations and the rates payable in respect thereof or any necessary
amendments in respect of rateable hereditaments thereby excluded
to be entered in the House Rate Book in force, or in a separate book,
in such manner and form as the Council may determine.
Rate payable
where house is
erected on
premises which
are already
assessed.
Valuation of
premises in
Municipality
after alteration
of boundary.
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(2) The valuations so made, subject to any variations
thereof on appeal, shall take effect from a day to be fixed by
resolution of the Council and shall, for the purpose of computing
all rates payable in respect of such rateable hereditaments, be
deemed to be the valuations thereof from such date for the
unexpired period of the current valuation period; and the
provisions of this Part relating to the service of notices of
assessment, to objections to an Assessor’s valuations, and to
appeals from the Commissioner of Valuations decisions on such
objections, shall apply to such valuations.
(3) For all purposes relating to the qualifications of
electors and Councillors, any area included in a Municipality
under the powers conferred by this section shall be deemed to
have formed part of the Municipality during the whole of the
twelve months immediately preceding the date of such inclusion.
(4) Save as otherwise expressly provided by this Act, all
written laws in force and applicable to the Municipality at the
date of any extension of its limits shall apply to the area so
annexed by the Municipality.
91. (1) The Assessor shall, on or before the 31st March in
each year, cause a notice of assessment signed by him and
specifying the annual rateable value of each rateable
hereditament within the Municipality, the amount of rate payable
in respect thereof and the time when and where such rate is to be
paid, to be served on the owner or occupier of the rateable
hereditament or on his agent or attorney or to be left on the
hereditament with a person actually residing there.
(2) Where the notice cannot be served or left in
accordance with subsection (1), it shall be attached to the door or
any other conspicuous part of the hereditament.
(3) Any default or neglect in complying with the provision
of this section or the non-receipt of a notice of assessment by the
owner of a rateable hereditament shall not affect the liability of the
owner to pay rates in respect thereof nor shall it affect the validity
of an action taken for the recovery of such rate.
Enactments and
Bye-laws
applicable to
Municipality to
extend to added
area.
Assessor to
notify owner of
annual rateable
value of
rateable
hereditament.
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92. (1) The owner of a rateable hereditament in a Municipality
who is dissatisfied with the valuation of the Assessor may, within
twenty-one days next after the service of the notice, notify the
Chief Executive Officer in writing of his objection thereto.
(2) Where no notice of assessment has been served on
the owner of a rateable hereditament, the notice of objection
under this section may be given by that owner not later than
twenty-one days next after the date of first publication of the
notice of completion of the House Rate Book.
(3) The Chief Executive officer shall, within ten days of
receipt of any notice of objection, forward the same to the
Commissioner of Valuations who shall consider every objection
and may either confirm, reduce, or increase the value or make
such other adaptations thereto as he considers just.
(4) The Chief Executive Officer shall notify the objector
of the decision of the Commissioner of Valuations in writing
within twenty-one days of receipt of such decision.
93. (1) Whenever, after the completion of the House Rate
Book, it appears to a Commissioner of Valuations that any
rateable hereditament has been insufficiently or too highly valued,
the Commissioner shall value such rateable hereditament anew.
(2) The house rate arising from a revaluation under
subsection (1) in respect of the valuation period then current shall
be the sum of the due proportion of the annual rate charged
thereon before such new valuation and the due proportion of the
annual rate charged thereon after such new valuation.
(3) Where, as a result of any reduction in the valuation
of a rateable hereditament under this subsection, there has been
any overpayment of the rate due, the Corporation shall forthwith
refund the amount of such overpayment to the owner of such
rateable hereditament.
(4) Every valuation made under subsection (1) shall
come into force on the first day of the month immediately
following such valuation.
Owner to notify
Chief Executive
Officer of
objection to
valuation.
New
assessments
after completion
of House Rate
Book.
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(5) Notice of every valuation of a rateable hereditament
made under this section shall be given to the owner of such
hereditament in a form approved by the Council and the
provisions of section 92 shall apply.
(6) All house rates payable under subsection (1) in
respect of any rateable hereditament shall, until paid, be a charge
upon such rateable hereditament.
(7) All entries and alterations necessary in consequence of
any new valuation of a rateable hereditament under subsection (1)
shall be made in the House Rate Book in force and shall continue
in force until a new valuation for the next valuation period, or
until further entries and alterations, if any, are made by the
Corporation by virtue of any powers conferred by this Act.
(8) Notwithstanding the provisions of subsection (1),
the Commissioner of Valuations shall not increase a valuation
unless he gives the owner of the hereditament at least seven days
notice in writing of the proposed increase and allows the owner
an opportunity to be heard in that behalf.
94. (1) The decision of the Commissioner of Valuations in
respect of a valuation shall be final and binding on all parties and
for all purposes unless the person who objected to the valuation
appeals against the decision to the Tax Appeal Board in
accordance with section 7 of the Tax Appeal Board Act.
(2) On an appeal, the Tax Appeal Board may summon
and compel the attendance of witnesses, examine witnesses on
oath, require either party to produce any book containing entries
relating to the rent charged or paid in respect of the hereditament
to which the appeal relates and, where necessary, enter and
inspect such hereditament.
(3) On an appeal, the Tax Appeal Board may either
confirm the valuation or vary the valuation as it thinks fit, subject
to the considerations mentioned in section 82.
(4) In determining the amount at which any hereditament
shall be valued, reference may be had to the value at which other
hereditaments in the Municipality are valued.
Decision of
Commissioner
of Valuations
final unless
appeal is filed.
Ch. 4:50.
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95. (1) A party who is aggrieved by the decision of the Tax
Appeal Board may appeal against such decision to the Court of
Appeal; but the decision of the Tax Appeal Board shall be final
and binding on all parties unless notice of appeal is given within
twenty-one days of the decision.
(2) The notice of appeal shall—
(a) be signed by the appellant or his Attorney-at-law;
(b) state the grounds on which the appeal is based.
(3) On an appeal the Court of Appeal may confirm or
vary the decision of the Tax Appeal Board.
96. An appellant, other than a Council, shall, within five
days of giving notice of appeal, enter into a recognisance before
a Justice of the Peace with a surety in the sum of one thousand
dollars to appear and prosecute the appeal and to pay such costs
as may be awarded by the Court.
97. The Registrar of the Tax Appeal Board shall cause to be
served on the respondent or his Attorney-at-law a copy, certified
under his hand, of the notice of appeal and shall notify the
appellant and the respondent or their Attorneys-at-law of the day
fixed for the hearing of the appeal.
98. Where the Tax Appeal Board or the Court of Appeal has
varied a decision of the Commissioner of Valuations, or where he
has, by virtue of the power conferred on him by this Part, altered the
valuation of rateable hereditament, the Council shall cause the
variation or alteration to be entered in the House Rate Book at such
places and in such manner and form and with such references across
or opposite any entry as it may consider necessary or convenient.
99. (1) The annual rate to be paid in respect of every
rateable hereditament shall be paid by the owner of the
hereditament; but the amount may be collected from the tenant or
occupier of the hereditament or any part thereof and the tenant or
occupier may deduct the amount he paid from rent payable by
him in respect of the hereditament.
Appeal from
decision of
Appeal Board.
Appellant to
enter into
recognisance.
Certified copy
of notice of
appeal to be sent
to respondent.
Valuations
which have been
varied or altered
to be entered in
House Rate
Book.
Owner to pay
annual rate.
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(2) Nothing in subsection (1) shall be construed as
affecting any contract between the landlord and tenant with
respect to the payment of such rate.
(3) Where the owner of a rateable hereditament has
contracted to let the same to a tenant at a stated rent and the
annual rateable value of the hereditament is subsequently
increased by reason of the fact that account is taken of machinery
and plant therein, then if—
(a) the machinery and plant belong to the tenant; and
(b) the contract was made without reference to the
possibility that the machinery and plant might be
taken into account for the purpose of determining
the annual rateable value of the hereditament,
the owner is entitled to recover from the tenant, as a civil debt,
the amount by which the rate payable by him has been increased
by reason of the fact that the machinery and plant had been taken
into account.
100. (1) Any rate due under this Part together with any
statutory increase which may have accrued under this Act shall,
until paid, be a charge on the rateable hereditament in respect of
which the rate is due and payable on and without prejudice to such
charge and to the power of sale conferred by the Rates and Charges
Recovery Act on the rate and the statutory increase, if any, may be
recovered from the owner of the rateable hereditament by action in
any Court of competent jurisdiction or by distress on any goods
and chattels including any moveable tenement standing on land
forming part of the rateable hereditament which may be found in
or upon the rateable hereditament.
(2) Where the rateable hereditament consists of a
moveable tenement and the land on which it stands and the
tenement is removed before the rate due in respect thereof is paid,
the rate shall remain a charge on the land and may, without
prejudice to the charge and to the statutory power of sale for the
enforcement thereof, be recovered from the owner of the land by
action in any Court of competent jurisdiction.
Rate to be a
charge on
premises and
may be
recovered by
distress.
Ch. 74:03.
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101. (1) The rate payable in respect of every rateable
hereditament within a Municipality shall be paid to the Treasurer
for the use of the Corporation on or before the 1st July in each year.
(2) Where any rates are in arrears the Treasurer shall, at
the first meeting of the Council in the month of August in each
year, lay before the Council a return specifying the premises and
the amounts of the arrears.
(3) Any rate which is unpaid on the 31st July shall be
surcharged and increased by ten per cent and, if the rate remains
unpaid on the 31st July of the following year, it shall be further
increased by ten per cent.
(4) Where the rate or any part thereof remains unpaid for
a period of two years, the Chief Executive Officer shall cause the
hereditament to be sold in accordance with the provisions of the
Rates and Charges Recovery Act; but the Mayor of a Corporation
shall not be at liberty to exercise the discretion to postpone the sale
given to him by section 13 of the Rates and Charges Recovery Act.
102. (1) Where arrears of rates payable in respect of rateable
hereditaments within a Municipality are outstanding, the
Treasurer shall, on receipt of moneys paid for rates or any
statutory increases in respect of such a hereditament for any year,
apply such moneys towards the liquidation of any arrears of rates
in respect of that hereditament in the order in which they become
due for every previous year.
(2) Any rates or statutory increases remaining unpaid as
a result of the application of moneys in accordance with
subsection (1) shall be recovered in the same manner as any other
rates which are due and payable.
103. (1) Where a warrant for the recovery of any rates and
charges under this Part has been delivered to a bailiff, the bailiff
shall, within three months after the delivery, return the warrant to
the Chief Executive Officer with a statement on the back thereof or
attached thereto, signed by the bailiff, setting out his proceedings
in respect of the amount of arrears where he has made distress or
that there are no goods or chattels on which distress could have
been made.
Date when rate
payable.
Ch. 74:03.
Treasurer to
apply moneys
to arrears.
Return of
warrant by
bailiff.
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(2) A bailiff who fails to make the return as required by
subsection (1) or makes a false return, is liable on summary
conviction to pay the equivalent of the arrears and costs together
with the sum of one thousand dollars.
(3) The money payable under subsection (2) may, at the
suit of the Corporation, be recovered from the bailiff in an action
of debt in the High Court.
(4) Any moneys recovered pursuant to subsection (3)
shall be applied towards the use of the Corporation.
104. (1) All premises belonging to the State situated within a
Municipality and occupied for public purposes by the Government
shall, for the purposes of this Act, be assessed at such annual
rateable value as is fixed by the Commissioner of Valuations with
the approval of the Minister of Finance, and a contribution to house
rates based on such annual rateable value and computed at the rate
imposed by this Part shall be made from the time when each of
such premises was first occupied by the Government for public
purposes, and shall be paid by the Comptroller of Accounts to the
Corporation on the warrant of the Minister of Finance.
(2) The occupation by the State of any premises rented
or leased for the public service of Trinidad and Tobago shall not
exempt such premises from the tax imposed by this Part, and the
same sum shall be levied in respect of such premises as if they
had continued in private occupation.
(3) Notwithstanding the provisions of subsection (1)
where notice is given to a Council by the Minister of Finance
during the month of January, February or March in any year that
the Government has ceased occupying any of the premises
situated within a Municipality and belonging to the State for
public purposes, then the amount payable by the Government by
way of house rates shall be diminished by the amount of rates
which would be payable in respect of the premises if they were
in the occupation of a private person.
(4) The amount of the rateable value of the premises
referred to in subsections (1) and (2) may be varied from time to
time by agreement between the Minister of Finance and the Council.
Payment by
Government of
annual sum in
lieu of rates.
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105. The production of a House Rate Book for the time being
in force shall be received as sufficient evidence of the due
making and validity of the valuations and rates therein contained.
106. (1) No error, misnomer, or misdescription in any notice or
House Rate Book, and no omission to enter therein the names of
owners or reputed owners, nor any error in the names of owners or
reputed owners, nor any error in the names entered therein as those
of the owners or reputed owners of any rateable hereditament, shall
in any way vitiate such notice or any valuation or assessment
contained in such House Rate Book or in any way affect the liability
of any rateable hereditament to any rate payable in respect thereof.
(2) A Council may at any time correct errors, misnomers,
or misdescriptions, and supply omissions, and make such other
alterations in any notices, valuations, and House Rate Book as may
be necessary to correct any errors therein or to make such notices,
valuations, and House Rate Book and all the particulars therein
conformable to fact, to any resolutions of the Council relating to
any entries to be made herein, and to the provisions of this Part.
107. The Council shall cause to be noted or entered in the
House Rate Book for the time being in force, at such places and
in such manner and form as may be appropriate, any changes
duly notified to it in the ownership of any rateable hereditament
contained in such House Rate Book.
PART VI
FINANCIAL PROVISIONS
108. (1) Every Council shall, on or before the day prescribed
by the Minister with responsibility for Finance, prepare and
submit to the Minister for his approval and for the approval of the
Minister with responsibility for Finance true estimates of—
(a) capital expenditure and the financing thereof; and
(b) an income and expenditure budget,
for the financial year commencing on the 1st January next
following and the Minister may make such amendments thereto
as may be considered expedient.
House Rate
Book to be
evidence of
valuations and
rates.
Errors, etc., not
to affect liability
to rate.
Council may
correct errors in
notice or House
Rate Book.
Change of
ownership to be
noted in House
Rate Book.
Annual
estimates.
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(2) For the purposes of subsection (1), the prescribed
days shall be as set out in the Third Schedule or in the Order
made pursuant to section 5(2).
(3) No sums shall be expended in any year save as
provided in the estimates so approved, but the Council may from
time to time, submit a supplemental estimate of expenditure to
the Minister for approval.
(4) The Council may at any time during the year utilise
any saving under one head or subhead of recurrent expenditure in
the estimates for the purpose of meeting any excess under
another head or subhead of such recurrent expenditure.
(5) In respect of any portion of a year that has elapsed
before the approval of the estimates for the year, the Council may
provisionally expend in each week, in respect of any matter, any
sum not exceeding one fifty-second part of the estimate for similar
work, services or salaries in the previous financial year, or, by leave
of the Minister, any such further sums as the Minister may sanction.
109. (1) Every Corporation shall establish a fund to be
known by its corporate name to which all moneys received by the
Corporation, other than sums received by it as trustees or for the
purposes of any fund established pursuant to section 110, shall be
credited and all expenditure of the Corporation, except in its
capacity as a trustee or for the purposes of any fund established
pursuant to section 110, shall be defrayed out of such fund.
(2) The Corporation may collect on behalf of the
Government such fees, rates and taxes as the President may by
Order prescribe, and may retain for its own use such portion of
those fees, rates and taxes as the Minister to whom responsibility
for Finance is assigned may determine by Order.
(3) An Order made under this section shall be subject to
affirmative resolution of the House of Representatives.
110. (1) A Council may by resolution, with the approval of
the Minister, establish a fund to be known as the “Mayor’s Fund”
for the purposes specified in the resolution establishing the fund.
Third Schedule.
Corporation
fund and
collection of
fees, rates and
taxes.
Mayor’s Fund.
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(2) The revenue of the Mayor’s Fund shall be
derived from—
(a) such donations and other contributions as may
from time to time be received for the Mayor’s
Fund;
(b) such moneys as the Council may by resolution
authorise to be paid into the Mayor’s Fund.
(3) All moneys to be expended out of the Mayor’s Fund
shall be authorised by resolution of the Council.
(4) An annual report on the Mayor’s Fund together with
an audited statement of its revenue and expenditure shall be
submitted to the Minister.
111. All moneys belonging to, or received for, or on behalf of
the Corporation shall as soon as practicable be paid into an
account of the Corporation at such bank as the Council shall, by
resolution, appoint; but the Council may, by resolution, authorise
the Treasurer to retain in his hands a sum sufficient for the daily
expenses of the Council.
112. (1) The Corporation Fund shall be applied towards the
payment of—
(a) the salaries and other remuneration of the Chief
Officers and other officers and employees of the
Corporation;
(b) the pensions and gratuities under any written
law applicable to the Corporation;
(c) the expenses incurred as a result of prosecuting
persons who have committed offences against
this Act or any other written law;
(d) the expenses incurred in forming and laying out,
repairing, draining, and cleaning the streets,
footways, squares and other public places vested
in the Corporation, but not including the paving
or maintenance of natural ravines, main drains
and watercourses;
Moneys to be
paid into
approved banks.
Application of
funds.
[18 of 1998
6 of 2009].
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(e) in the case of the Corporation for the City of
Port of Spain, the maintenance of the pitch walk,
rails and benches around the Queen’s Park
Savannah;
(f) the expenses incurred in the maintenance and
management of markets, slaughterhouses,
pastures, commons, recreation grounds or
cemeteries and crematoria, under the control or
management of the Corporation;
(g) the expenses incurred in the maintenance and
preservation of all corporate property;
(h) any sums payable by the Corporation as a result
of a judgment of a Court of law;
(i) the expenses generally of and incidental to the
carrying out of the provisions of—
(i) this Act;
(ii) the Public Health Ordinance;
(iii) any other written law imposing duties on
the Corporation entailing expenditure; and
(j) any other sums which have been specifically
voted by the Council and the payment of which
is approved by the Minister.
(2) Where the Corporation Fund is more than sufficient
to meet the expenses specified in subsection (1), the surplus may,
with the consent of the Minister, be applied under the direction of
the Council towards the erection of buildings or towards the
acquisition of lands or buildings for any one or more of the
following purposes:
(a) (Repealed by Act No. 18 of 1998);
(b) any public institution situated within the
Municipality and devoted to the care of infants
or indigent persons;
(c) the erection and maintenance of monuments or
foundations or both;
(d) generally for the improvement of the Municipality
and for the benefit of the inhabitants thereof.
Ch. 12. No. 4.
(1950 Ed.).
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113. (1) Every Corporation shall keep its accounts in a form,
having regard to its annual estimates, approved by the Minister
of Finance.
(2) The accounts of every Corporation shall be subject
to audit by the Auditor General in all respects as if the
Corporation were a department of the Public Service.
(3) The Auditor General shall send one duly certified
abstract of the accounts of every Corporation to its Council, and
another duly certified abstract to the Minister.
(4) At every audit, the Auditor General shall—
(a) disallow every item of account which is
contrary to law;
(b) surcharge the amount of any expenditure
disallowed upon any officer or member responsible
for incurring or authorising the expenditure; and, in
the case of members, where it does not appear from
the resolutions of the Council or Committee which
particular members of the Council concurred in
authorising any expenditure, every member present
at the meeting at which such expenditure was
authorised shall be deemed to have so concurred
until he proves the contrary;
(c) surcharge any sum which has not been duly
brought into account upon the person by whom
that sum ought to have been brought into account;
(d) surcharge the amount of any loss or deficiency upon
any person by whose negligence or misconduct the
loss or deficiency has been incurred;
(e) certify the amount due from any person upon
whom he has made a surcharge;
(f) certify at the conclusion of the audit his allowance
of the accounts, subject to any disallowances or
surcharges which he has made, save that—
(i) no expenses paid by a Corporation shall be
disallowed by the Auditor General if they
have been sanctioned by the Minister;
Form of
accounts and
audit.
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(ii) a surcharge shall not be made under this
section upon an officer of a Corporation
by reason only of his signing a cheque or
an order in respect of any illegal payment
if he satisfies the Auditor General that,
before signing the cheque or order, he
advised the Council in writing that in his
opinion the payment was illegal;
(iii) a surcharge shall not be made under this
section upon a member of a Council by
reason only of his authorising an illegal
payment if he satisfies the Auditor
General that the payment was authorised
by the Council or its Finance and
Planning Committee and that before he
authorised or concurred in authorising the
illegal payment he had not been advised
by any officer that in the opinion of the
officer the payment was illegal.
(2) Any loss represented by a charge for interest or any
loss of interest shall be deemed to be a loss within the meaning of
this subsection, if it arises from failure through wilful neglect or
wilful default to make or collect such rates as are necessary to cover
the expenditure of a Corporation for any financial year including
any expenditure incurred in any previous year and not covered by
rates previously levied, or failure to collect other revenues.
114. (1) Any person who is aggrieved by a decision of the
Auditor General on any matter in respect of which he made an
objection at the audit, and any person aggrieved by a
disallowance or surcharge made by the Auditor General may
appeal to the High Court.
(2) The High Court on such an appeal shall have power
to confirm, vary or quash the decision of the Auditor General, and
to remit the case to the Auditor General with such directions as it
thinks fit for giving effect to its decision, and if the decision of
the Auditor General is quashed or is varied so as to reduce the
Appeals and
applications for
relief.
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amount of the surcharge to two thousand five hundred dollars or
less, the appellant shall not, on account of such decision of the
Auditor General, be subject to the disqualification by reason of
section 11(8)(i).
(3) In the case of a surcharge, the person surcharged
may, whether or not he appeals under section 114, apply to the
President for a declaration that in relation to the subject matter of
the surcharge he acted reasonably or in the belief that his action
was authorised by law, and the President, if satisfied that there is
proper ground for doing so, may make a declaration to that effect.
(4) Where such a declaration is made the person
surcharged, if by reason of the surcharge he is disqualified as a
Councillor, shall not be subject to that disqualification, and the
President may, if satisfied that the person surcharged ought fairly
to be excused, relieve him either wholly or in part from personal
liability in respect of the surcharge, and the decision of the
President under this section shall be final.
115. (1) Every sum certified by the Auditor General to be due
from any person to a Corporation shall be paid by that person to
the Corporation within fourteen days after it has been so certified
or, if an appeal or application with respect to that sum has been
made, within fourteen days after the appeal or application is
dismissed, or refused, or abandoned, or withdrawn or fails by
reason of the non-prosecution thereof.
(2) Any sum which is certified by the Auditor General to
be due to a Corporation and has become payable shall be
recoverable as a civil debt.
(3) In any proceeding for the recovery of such a sum, a
certificate signed by the Auditor General shall be conclusive
evidence of the fact certified, and a certificate signed by the
Treasurer of the Corporation or other officer whose duty it is to
keep the accounts that the sum certified to be due has not been
paid to him shall be conclusive evidence of non-payment unless
it is proved that the sum certified to be due has been paid since
the date of the certificate.
Payment and
recovery of
sums certified to
be due.
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(4) Unless the contrary is proved, a certificate
purporting to be signed by the Auditor General, or by the
Treasurer, or other officer whose duty it is to keep the accounts,
shall be deemed to have been signed by such Auditor General,
Treasurer or other officer, as the case may be.
(5) The Chief Executive Officer shall cause proceedings
before a Court for the recovery of any sum certified by the Auditor
General to be due to be commenced within nine months from the
date of the disallowance or charge or, in the event of an appeal or
application being made to the High Court, within nine months from
the date on which the appeal or application is dismissed or refused
or abandoned or fails by reason of non-prosecution or is withdrawn.
(6) An appeal shall be deemed to have been abandoned
or to have failed by reason of non-prosecution if it is not finally
disposed of by the High Court within one year after it has been
filed therein, or within such extended time as the Court may
allow on application made within the said period of one year.
116. (1) All cheques drawn upon the banking account of a
Corporation shall be signed by not less than two officers
authorised for the purpose by resolution of the Council with the
approval of the Minister.
(2) All receipts issued for moneys paid to a Council for
the benefit of the Corporation may be signed by the officer
actually receiving such moneys on behalf of the officer appointed
to receive such moneys.
117. A Council may, by resolution, make Regulations as to all
or any of the following matters:
(a) the custody of money, pass books, and cheques; and
(b) all matters necessary for the proper keeping of
its accounts.
118. (1) All matters of a financial nature relating to the affairs
of a Corporation and all vouchers for the payment of any moneys
to be disbursed by the Corporation except petty disbursements not
Signatures of
cheques and
receipts.
Council may
make
Regulations.
All financial
matters to be
submitted to
Finance
Committee.
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exceeding a sum to be fixed by resolution of the Council shall be
submitted for approval to the Finance and Planning Committee
appointed in accordance with section 69.
(2) Every Treasurer shall cause vouchers to be made out
for all payments out of the Corporation Fund save in the case of
petty cash disbursements not exceeding such sum as is fixed by
resolution of the Council; and the Treasurer shall be responsible
for all vouchers and the correctness thereof.
(3) All vouchers shall be signed by such officers of the
Corporation as the Council may authorise for that purpose with
the approval of the Minister.
119. (1) A Corporation may apply to the Minister for approval
to borrow such sums of money as it considers necessary for the
execution of any permanent works or of any works which it is
authorised to execute under this Act or any other written law or for
the repayment of any loan or part thereof or for any purpose.
(2) An application for approval to borrow money shall
state—
(a) the amount to be borrowed and the proposed
rate of interest;
(b) the purposes for which the loan is intended to be
applied;
(c) the period within which it is intended to repay the
loan and the method of repayment, whether by
equal annual instalments, or principal and interest
combined on the annuity system or otherwise;
(d) the security, if any, to be given for the
repayment of the loan; and
(e) where no security is intended to be given, the
provision to be made for the repayment of the loan
and interest thereon from the Corporation Fund.
(3) Where works carried out by a Corporation are being
wholly or partly financed by loans, they shall be executed according
to such plans and estimates and be subject to such provisions for the
obtaining of the necessary funds as the Minister may approve.
Corporation
may borrow
money.
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(4) The Minister may alter the plans, estimates and
provisions referred to in subsection (3) in such manner and to
such extent as he considers necessary before giving his approval
under that subsection.
(5) A Corporation may apply such portion of its general
revenue as may be required to give effect to the terms and
conditions of any approval given by the Minister under this Act
in or towards the payment of the principal or interest or both, of
any loan secured under this Part.
(6) A Council may, with the approval of the Minister—
(a) borrow as temporary advances such sums as are
necessary for defraying expenses included in the
approved estimates and are payable out of the
Corporation Fund; and
(b) enter into arrangements with the manager of an
approved bank with which it has a current
account for the purpose of over-drawing its
account to such extent as may be specified in
the approval.
(7) Any temporary advance borrowed by a Corporation
under subsection (1) shall be repaid before the expiration of the
financial year in which it was made.
(8) In this section, “Minister” means the Member of the
Cabinet to whom responsibility for Finance is assigned.
120. The Minister may on the application of a Council
approve the allocation of moneys to purposes other than those to
which such moneys were allocated under this Act.
121. (1) Where a member of a Council has any pecuniary
interest, whether direct or indirect, in a contract or proposed
contract or any other matter, he shall disclose the nature of his
interest at the first meeting of the Council at which he is present
after the relevant facts have come to his knowledge.
(2) A disclosure under subsection (1) shall be recorded
in the Minutes of the Council or Committee and subject to
Power to alter
allocation of
moneys.
Disability of
members
through conflict
of interest.
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subsection (9), after the disclosure, the member making the
disclosure shall not be present or take part in the deliberations
at any meeting when the matter is being decided by the Council
or Committee.
(3) This section shall not apply to an interest in a
contract or other matter which a member may have as a ratepayer
or inhabitant of the area or as an ordinary user of any service or
to an interest in any matter relating to the terms on which the
right to participate in any service provided by the Corporation,
including the supply of goods, is offered to the public.
(4) Subject to subsection (5), a person shall be treated
as having an indirect pecuniary interest in a contract or other
matter if—
(a) he, or any nominee of his, is a member or a
director of a company or other body with which
the contract is made or is proposed to be made,
or which has a direct pecuniary interest in the
other matter under consideration; or
(b) he is a partner or is in the employment of a
person with whom the contract is made or is
proposed to be made or who has a direct
pecuniary interest in the other matter under
consideration.
(5) A person shall not be treated as having a pecuniary
interest by reason only of his being a member of or being
employed by any public body.
(6) Where a member of a Council has an indirect
pecuniary interest in a contract or other matter and would not fall
to be treated as having such an interest but for the fact that he has
a beneficial interest in shares of a company or other body, then if
the total nominal value of those shares does not exceed one-
hundredth of the total nominal value of the issued share capital of
the company or body, he may take part in the consideration or
discussion of the contract or other matter if he first discloses the
nature and extent of his interest.
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(7) Where, however, the share capital of the company or
other body is of more than one class, subsection (6) shall not
apply if the total nominal value of all the shares of any one class
in which he has a beneficial interest exceeds one-hundredth part
of the total issued share capital of that class of shares of the
company or other body.
(8) In the case of married persons living together, an
interest of one spouse shall, if known to the other, be deemed for
purposes of this section to be also an interest of the other spouse.
(9) A general notice given in writing to the Chief
Executive Officer by a member of the Council to the effect that he
or his spouse is a member, or is in the employment of a specified
company or other body, or that he or his spouse is a partner, or is
in the employment of a specified person shall, unless and until the
notice is withdrawn, be deemed to be a sufficient disclosure of his
interest in any contract, proposed contract or other matter relating
to that company or other body or to that person, which may be
the subject of consideration after the date of the notice.
(10) Every Chief Executive Officer shall record in a
book to be kept for that purpose particulars of any disclosure
made under subsection (1) and of any notice given under
subsection (9), and the book shall be open at all reasonable hours
to the inspection of any member of the Council or the public.
(11) Any person who fails to comply with the provisions
of subsection (1) is liable on summary conviction to a fine of one
thousand dollars, unless he proves that he did not know that a
contract or other matter in which he had a pecuniary interest was
the subject of consideration at the meeting.
(12) In any case where the number of members of a
Council disabled by the provisions of this section at any one time
would be so great a proportion of the whole as to impede the
transaction of any particular item of business, the President may,
on the application of the Council or otherwise and subject to such
conditions as he may think fit to impose, remove any disability
imposed by this section respecting such business or, with the
consent of the Council and after such inquiry as he may direct,
cause the business to be transacted on the Council’s behalf.
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(13) Where the President causes any business to be
transacted under subsection (12) the business so transacted shall
be of full force and effect and binding upon the Corporation.
(14) In any other cases to which subsection (12) does
not apply, the President may, subject to such conditions as he may
think fit to impose, remove any disability affecting a member of
a Council if it appears to him that it is in the interest of the
inhabitants of the Municipality that he should do so.
(15) Notwithstanding anything in this section, every
member of a Council may take part in the consideration or
discussion of and vote on the question whether any application
shall be made or any such consent granted under subsection (12).
(16) In this section the expression “shares” includes stock
and the expression “share capital” shall be construed accordingly.
122. (1) Where it comes to the knowledge of an officer that a
contract in which he has a pecuniary interest, whether direct or
indirect (not being a contract to which he himself is a party), has
been or is proposed to be entered into by the Council or a
Committee thereof, he shall, as soon as practicable, give notice in
writing to the Council of the fact that he is interested therein.
(2) No officer or employee of a Corporation shall exact
or accept any fee or reward other than his proper remuneration.
(3) A person who fails to comply with the provisions of
subsection (1) or (2) is liable on summary conviction to a fine of
four thousand dollars.
123. (1) A Corporation may, with the approval of the President,
purchase or otherwise acquire or lease any land for such purposes
and on such terms and conditions as the President may approve.
(2) A Corporation may, where it acquires lands for
public purposes, follow the procedure prescribed under the Land
Acquisition Act for compulsory acquisition of lands.
(3) A Corporation may, with the consent of the President
and under the Seal of the President, sell and demise any land
vested in it.
Officers to
declare interest
in contracts.
Acquisition and
alienation of
corporate
property.
Ch. 58:01.
UNOFFICIAL VERSION
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(4) Land vested in a Corporation which is to be let,
leased, rented, demised or sold shall, except where the President
otherwise determines and in accordance with such scheme as may
be approved by him, be let, leased, rented, demised or sold for the
best rent or at the best price which can be reasonably obtained.
(5) Any capital money received in respect of any dealing
in land pursuant to subsection (2) shall be applied towards the
discharge of the capital debt of the Corporation or for any other
purpose to which capital money may properly be applied.
PART VII
STREETS AND BUILDINGS
124. (1) In this Part and in any Bye-laws, Rules or
Regulations made or continued under this Part—
“builder” means the person who is employed to build or to
execute any work on a building or other structure; or, where
no such person is so employed, the owner or occupier of the
building or other structure;
“building regulations” means the Regulations in the Eighth
Schedule and any Regulations made or continued under
section 160;
“carriageway” means a way constituting or contained in a
highway, being a way (other than a cycle track) over which
the public have a right of way for the passage of vehicles;
“commercial building” means a shop, warehouse, factory, foundry,
workshop, depot, power-house, a building constructed or used
or adapted to be used for a commercial or industrial purpose,
and every building other than a domestic or public building;
“domestic building” means a dwelling house and any out-
building appurtenant thereto whether attached to it or not;
“dwelling house” means a building used or constructed or adapted
to be used wholly or principally for human habitation;
“dwelling unit” means one or more rooms designed for sleeping
and dining for use by not more than one family and in which
separate kitchen and sanitary facilities are provided for the
exclusive use of such family with a private entrance from
outside the building or from a common hallway, passage,
gallery or stairway;
Interpretation.
Eighth
Schedule.
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“footway” means a way contained in a highway which also
contains a carriageway, being a way, over which the public
have a right of way on foot only;
“inhabited”, in relation to a room, means the use of such room as
a bedroom or as a living room by a person and includes the
use of any room with regard to which (until the contrary is
proved) there is a presumption that a person spends the night
therein or that it is used as a living room;
“public building” means a building used, constructed or adapted to
be used either ordinarily or occasionally as a church or a
chapel or other place of public worship or as a hospital, school,
cinema, pavilion, stadium, nightclub, library, museum, pool-
room, hotel, restaurant, theatre, public hall, public concert
room, public ballroom or public exhibition room, or as a
public place of assembly for persons admitted thereto by
tickets or otherwise, or used, constructed or adapted to be used
either ordinarily or occasionally for any public purpose;
“sanitary conveniences” includes urinals, water closets, earth
closets, privies, cesspits, and all similar conveniences;
“sign” means any visible thing employed wholly or in part for the
purpose of an advertisement or announcement;
“street” includes the whole or any part of any highway or road
and any public bridge, lane, footway, square, court, alley or
passage whether a thoroughfare or not and includes any side
drains appurtenant thereto;
“structure” includes any building, or any part thereof, and any
wall or fence and anything fixed to or projecting from any
building, wall, fence, or other structure;
“vehicle” has the meaning assigned to it under section 2 of the
Motor Vehicles and Road Traffic Act.
(2) For the purposes of this Part, each of the following is
deemed to be the erection of a new building:
(a) the re-erection in whole or part of any building
involving the reconstruction of an outer wall;
(b) the conversion into a dwelling house of any
building which is not a dwelling house;
Ch. 48:50.
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(c) the conversion into more than one dwelling unit
of a building originally constructed as a single
dwelling unit;
(d) the creation of a new habitable room or the
provision of an increase in the number of
habitable rooms in an existing structure;
(e) the reconversion into a dwelling house of any
building which had been discontinued as, or
appropriated for any purpose other than that of a
dwelling house;
(f) the conversion into a commercial building of a
dwelling house;
(g) the conversion into a public building of a
structure that is not a public building;
(h) the making of any addition to an existing building
by raising any part of the roof, by altering a wall,
or making any projection from the building, but
so far as regards the addition only; and
(i) the roofing or covering over of any open space
between walls or buildings.
125. (1) No person may break up or open the surface,
pavement, or soil of any street within a Municipality which is
maintainable by the Council or lay any pipe or wire or any other
matter or thing in or under any such street or any part of the sub-
soil thereof for any purpose, or place or erect any pole, post
hoarding, or barricade or other structure in any such street
without the prior consent of the Council.
(2) A person who contravenes the provisions of this
section is guilty of an offence and liable to a fine of five thousand
dollars and to a further fine of five hundred dollars for every day
that the offence continues after he was given notice thereof by the
Engineer or his duly authorised representative.
(3) Subsection (1) does not apply to any person while
discharging a duty imposed upon him by any written law; but such
person shall give notice of an intention to carry out any of the
Breaking up of
pavement or
obstruction of
street without
prior consent.
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works referred to in subsection (1) and shall execute all such
works in accordance with the provisions of sections 64 and 65 of
the Highways Act and shall comply with all reasonable directions
given in connection therewith by the Council or any of its officers.
(4) Subject to the provisions of sections 61 to 65 of the
Highways Act, a Council may, by resolution or by agreement
under the seal of the Corporation for such consideration as it thinks
proper, permit any person, for such purposes as shall be specified
in such resolution or agreement, to break up or open the surface or
soil of any street vested in the Corporation or to lay any pipe or
wire or other matter in or under such street, or to place or erect any
pole, post, hoarding, barricade or other structure in any such street
upon such terms and conditions not inconsistent with subsection
126(1)(a) and 126(1)(b) as the Council may in any case impose.
126. (1) Any person who commences any work pursuant to
permission granted under section 125(4) shall—
(a) conform to the requirements as to—
(i) dispatch in the execution of such work; and
(ii) the reinstatement of any street; and
(b) be liable for the cost of remedying deterioration
of or subsidence in any street reinstated,
as if he were an undertaker within the meaning of section 65 of
the Highways Act.
(2) A person referred to in subsection (1) shall comply
with any terms and conditions imposed by the Council.
(3) A person who fails to comply with any requirement
of subsection (1) or (2) is (without prejudice to any other liability
he thereby incurs) guilty of an offence and liable on summary
conviction to a fine of five hundred dollars for each day that the
offence continues after he was given written notice thereof by the
Engineer or his duly authorised representative.
127. (1) Any person who encroaches on any street within a
Municipality—
(a) by erecting any structure of any kind or any
signboard;
Ch. 48:01.
Execution of
works and
restoration of
streets.
Ch. 48:01.
Encroaching
upon streets.
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(b) by planting any hedge, by erecting any fence, arch
or bridge, or by digging any ditch or drain; or
(c) by undertaking any works on or adjacent to
such street,
is liable on summary conviction to a fine of three thousand dollars.
(2) The Engineer may remove every obstruction or
cause any building or other encroachment referred to in
subsection (1) to be removed, taken down, filled up or opened at
the cost of the person who encroached.
128. A Council may demolish or remove any bridge or other
structure erected or standing over the side-drains of any street
within the Municipality.
129. (1) The owner of any land within a Municipality shall,
whenever required by the Council, cause such land to be
enclosed to the satisfaction of the Council.
(2) The owner of any land within a City or Borough or
within a prescribed area of any other Municipality on which
houses have been erected shall, whenever required by the Council,
cause the site of every such house, with the land appurtenant
thereto, to be enclosed to the satisfaction of the Council.
(3) Any person who fails or neglects to comply with
any requisition of a Council under this section within the time
therein specified is liable on conviction to a fine of one thousand
dollars and to a further fine of one hundred dollars for every day
during which such non-compliance continues after conviction.
(4) Where the fence erected by the owner of any land in
compliance with a notice served on him by a Council under this
section divides the land of such owner from the land of an
adjoining owner, one-half of the cost of such dividing fence shall
be borne by the adjoining owner, and shall be a debt due by him
to the owner on whom the notice was served by the Council and
who erected the fence, and may be recovered in a summary
manner by complaint before a Magistrate.
Bridge over
side-drains.
Enclosure
of land.
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(5) Subject to the approval of the Minister, the Council
of a Municipality other than a City or Borough may by resolution
declare any area, district or place to be prescribed for the purpose
of subsection (2).
130. (1) A Council may with the approval or under the
direction of the Minister responsible for Highways take over any
existing street within the Municipality which is not repairable by
the Council for the purpose of widening or effecting
improvements to the drainage or surface of such street and for such
purposes may also acquire compulsorily, in the manner provided
by section 123 any land or building abutting on such street.
(2) For the purpose of the expenses incurred by the
Council in exercising the powers conferred by subsection (1), the
Council may with the approval or under the direction of the
Minister levy a rate within any part of the Municipality affected by
such improvements to be called “The Streets Improvement Rate”
in the same manner as is provided for the levying of a General
Health Rate by section 171 of the Public Health Ordinance.
131. (1) A Council may authorise the erection of any
fountain, statue or monument in any street or public place within
the Municipality.
(2) The Council may maintain or remove any fountain,
statue or monument erected under subsection (1) or erected in
any street or public place within the Municipality before the
commencement of this Act.
132. A Council may plant or maintain trees in any street or public
place vested in the Corporation and may cut down, trim, or remove
any such trees, and may erect rails for the protection of any trees.
133. (1) Where any tree or bush overhangs a street within a
Municipality, the Engineer may serve a notice on the owner or
occupier of the lands on which such tree or bush is standing,
requiring the owner or occupier to remove the over-hanging
portion of the tree or bush within a time specified in the notice.
Taking over
streets and
widening or
other
improvements
effected by the
Council.
Ch. 12. No. 4.
(1950 Ed.).
Fountains,
statues and
monuments.
Council may
plant, maintain
or cut down
trees in streets.
Overhanging
trees.
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(2) Where any tree standing on lands abutting on a street
within a Municipality is in the opinion of the Engineer dangerous
to persons passing along the street, he may serve a notice on the
owner or occupier of the lands on which the tree is standing,
requiring the owner or occupier to cut down or trim the tree
within a time specified in the notice.
(3) Where an owner or occupier fails to comply with a
notice served upon him under this section within the time therein
specified, the Council or any person authorised by it in writing
may cause the tree or bush to be cut down or trimmed, and, for
that purpose if necessary, may enter into and upon the lands
whereon such tree or bush is standing; and the expenses incurred
by the Council in cutting down or trimming and removing such
tree or bush may be recovered summarily from the owner or
occupier on whom the notice was served.
134. (1) Subject to the provisions of the Highways Act and to
section 110 of the Motor Vehicle and Road Traffic Act, a Council
may make Bye-laws for all or any of the following purposes, that
is to say:
(a) for declaring and limiting the use by the public
of any street within the Municipality both or
either as to the time of such public use or as to
the character of the traffic on such street.
(b) for the control, management, construction and
repair of streets within the Municipality and for
the prevention and removal of any obstruction or
projection thereon and for the prevention of the
use of streets other than as a means of passage;
(c) for prohibiting the use upon any street within the
Municipality of any vehicle and for regulating and
declaring the manner in and the conditions under
which the same may be used or driven over a street;
(d) generally for the purpose of carrying out the
provisions of this Part and for providing for the
manner in which and the persons from whom
the expenses of carrying out the provisions of
such Bye-laws are to be recovered.
Bye-laws
dealing with the
use of streets.
Ch. 48:01.
Ch. 48:50.
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(2) There may be imposed in respect of any breach of
any such Bye-laws a penalty not exceeding one thousand dollars
or, in case of a continuing offence, a penalty not exceeding one
hundred dollars for each day during which such offence
continues after conviction thereof.
(3) Bye-laws made under this section shall be subject to
negative resolution of Parliament.
135. Any constable or any other person authorised by a
Council may seize, detain, remove and impound any animal or
vehicle being used upon any street within the Municipality in
contravention of this Part or any Bye-laws made hereunder.
136. A Council may provide and maintain sanitary
conveniences in any street or public place vested in the
Corporation and may make reasonable charges for the use of any
sanitary convenience other than a urinal so provided.
137. A Council may make Bye-laws with respect to the
management of sanitary conveniences provided under section 136
and for the proper conduct of persons using such conveniences.
138. A Council shall name or rename streets for which it is the
Local Highway Authority and number or renumber all premises,
including vacant lots, within the Municipality.
139. The Council shall cause street-name signs to be placed
and maintained at appropriate locations throughout the
Municipality and shall cause relevant number plates to be affixed
to all premises.
140. (1) A Council shall, as soon as possible after naming or
renaming any street or numbering or renumbering any premises,
cause to be published in the Gazette and in at least one daily
newspaper circulating in the Municipality, notice of the
resolution relating to the naming of such street, and the number
of such premises, and shall cause one sealed copy of every such
resolution to be deposited in the offices of the Registrar of the
Supreme Court, the Minister and its Chief Executive Officer.
Seizing animal
or vehicle on
streets.
Sanitary
conveniences.
Bye-laws
regarding
sanitary
conveniences.
Naming of
streets and
numbering of
houses.
Streets names,
and buildings
numbers to be
displayed.
Publication of
resolution
relating to
naming or
numbering.
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(2) In any Court of law and for all purposes, the
production of any one of such sealed copies or of a copy of the
Gazette containing the notice of such resolution shall be conclusive
evidence that the name or number of any street, or premises was
altered as specified in such resolution and the several premises
therein mentioned shall be entered in the House Rate Book by the
numbers and names specified in the resolution as the proper
numbers and names by which to identify the same after the
naming, renaming, numbering or renumbering, as the case may be.
141. (1) Every person who destroys, pulls down or defaces
any number plate or any street nameplate put up by the Council
or puts up any number plate or street nameplate put up by the
Council is liable to a fine of five hundred dollars.
(2) The Council may remove any such number plate or
nameplate substituted for the one put up by it.
142. (1) Where any person authorised by any written law to
erect any posts or poles on any street vested in or under the
control of a Corporation intends to erect any posts or poles in any
such street, such person shall make application in writing to the
Council stating the circumstances which require the erection of
the posts or poles, the purpose for which they are intended and
specifying the name of the street and the particular part thereof in
which the posts or poles are to be erected and the day on which
the work is proposed to be commenced not being less than
fourteen days from the date of the application.
(2) A person referred to in subsection (1) shall not erect
any post or pole except with the written consent of the Council
and every post or pole shall be erected at such particular part or
place in the street as the Engineer may approve.
(3) Where consent is refused or withheld, an appeal
shall lie within ten days of the refusal to the Chief Technical
Officer (Works) and a copy of the appeal shall be delivered to
the Corporation.
(4) The Chief Technical Officer (Works) may make such
order in the matter as to him may seem just, and his decision shall
be final and binding on all parties.
Penalty for
removing or
defacing number
or nameplates.
Application to
erect poles.
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143. A person who erects any post or pole in any street in a
Municipality:
(a) without the prior consent of the Council;
(b) in any place in such street not approved by the
Engineer,
is liable on summary conviction to a fine of one thousand dollars,
and to a further fine of one hundred dollars for each day during
which any such post or pole is left standing after conviction.
144. (1) Where, in the opinion of a Council, it is necessary or
expedient in the public interest or for any purpose that any post
or pole erected in any street in the Municipality should be
removed from its location, the Council may give notice to that
effect to the person by whom such post or pole was erected.
(2) Notice under subsection (1) may require that such post
or pole be removed within a fixed time specified in the notice, not
being less than seven days from the day of the service of the notice.
(3) A person who fails to comply with a notice is liable on
conviction to a fine of five hundred dollars and to a further fine of
fifty dollars for each day after conviction that the post or pole so
required to be removed remains standing.
145. A person who impedes the free flow of water in—
(a) any ditch, drain or water course in or adjoining
any street within a Municipality;
(b) any ditch, drain or water course on any land into
or through which water from any such street
flows or any ditch, drain or water course under
any such street,
is guilty of an offence and liable to a fine of one thousand dollars
and to a further fine of one hundred dollars for each day the
offence continues after conviction.
146. (1) Where any footway in a Municipality is not in the
opinion of the Council properly paved the Council may pave the
footway with such materials and in such manner as it thinks fit
Erecting pole
without previous
consent of
Council.
Council may
order removal
of poles.
Obstruction of
drains.
Council may
pave or repave
footway.
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and one-half of the expenses incurred by the Council in executing
such paving or repaving work shall be paid by the owners of the
premises abutting on such footway according to the frontage of
their respective premises and in such proportion as shall be
settled by the Engineer and approved by the Council.
(2) Where an owner of premises abutting on the footway
fails to pay his apportioned share of the expenses the unpaid
expenses shall be a charge on his premises.
(3) Once a footway has been paved under this section,
the owner or occupier of the premises abutting on such footway
shall not be again chargeable with any other repavement thereof.
147. (1) Before commencing any work under section 146, the
Engineer shall, by notice addressed to the respective owners or
occupiers of the premises abutting on a footway which the
Council intends to pave, notify them of the Council’s intention.
(2) The Engineer shall prepare an estimate of the cost of
the paving and such estimate shall be kept in his office open at all
reasonable hours of the day, during the period specified in the
notice referred to in subsection (1), for the inspection of all
persons interested.
(3) When the paving works contained in the estimate of
the Engineer have been completed and the expenses thereof
ascertained, the Engineer shall prepare a statement of the total
cost of the paving work so completed, and shall make an
apportionment of one-half of such expenses among the premises
liable to be charged therewith under this Act.
(4) The statement and apportionment shall be submitted to
the Council for approval with or without modification or addition,
and the statement and apportionment when so approved, shall be
conclusive and binding on all parties and the sum appearing in the
apportionment as payable by the owners of each of the premises
mentioned as abutting on the footway included in such statement
and apportionment shall be payable by each such owner in three
Engineer to
notify owner of
intention to
pave.
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equal yearly instalments, the first of such instalment to be paid one
year from the date of the service on such owner of the notice of such
apportionment together with interest at a rate not exceeding ten per
cent per annum until the whole apportioned sum is paid.
(5) Any instalment together with interest thereon or any
part thereof, may, without prejudice to the power of sale
conferred by the Rates and Charges Recovery Act, be recovered
by action in any Court of competent jurisdiction from the present
or any future owner or from any tenant or occupier for the time
being of such premises.
(6) Any tenant or occupier paying any such instalment
and interest may deduct the amount so paid by him from the rent
payable by him in respect of such premises or recover the same
from the owner as money paid at the request of the owner.
(7) The notice of apportionment to be served on the
owner under this section shall be in the form set out in the
Seventh Schedule.
148. Subject to the Land Acquisition Act, a Council, in order
to secure a regular line and satisfactory width and level for the
footway in any street in a Municipality, may, after notice to the
owner of the premises fronting, adjoining or abutting on such
street, alter the line of the footway, cut down, reduce, or level up
any portion thereof, widen or lessen such footway, and carry out
such other operations as may be necessary or desirable for the
improvement of the footway except that when any such other
operations necessitate the removal of any wall or other structure
on the premises of any such owner or cause any damage thereto,
the Council shall make good and repair all damages caused by
such operations.
149. Every person desirous of having an entrance for vehicles
across any footway so as to afford access to any land from a street
repairable by a Corporation shall give notice in writing of such desire
to the council and, where the provision of such an entrance will not
derogate from any condition or other requirement imposed under the
Town and Country Planning Act with respect to development of
Ch. 74:03.
Seventh
Schedule.
Power to alter
line of and
widen or lessen
footway.
Ch. 58:01.
Crossings for
vehicles over
footways.
Ch. 35:01.
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such land, and the Council is satisfied of the necessity of such an
entrance, and the person deposits with the Council the estimated
cost of the work, the Council shall in accordance with section 66(7)
of the Highways Act provide such entrance.
150. (1) No person may display on, or along any building within
a Municipality any sign except at the height of not less than three
metres from the footway abutting the building, and in such a manner
that the sign does not project more than thirty centimetres over such
footway measured at right-angles to the front wall of the building.
(2) No person may display on, or along the balcony,
verandah, hood or roof of any building within a Municipality any
sign except under a licence from the Council.
(3) In granting a licence under this section, the Council
may, subject to any Regulations made under section 21 of the
Town and Country Planning Act and to any relevant standard
under the Standards Act prescribe the dimensions and location of
any sign and the measures to be taken by the licensee for
maintaining the sign in good order and condition and securely
fixed, and appropriate arrangements for ensuring removal of the
sign upon expiry of the licence.
151. A licence granted by a Council under section 150 to
display a sign shall become void if—
(a) any addition is made to any sign other than in
accordance with the direction of the Engineer
for the purpose of making it more secure;
(b) any change is made in the sign;
(c) the sign or any part thereof falls either through
accident, decay or any other cause;
(d) any addition or alteration is made to the building
on, over or to which any sign is placed or
attached, if such addition or alteration involves
the disturbance of the sign; or
(e) the building over, on or to which the sign is
placed or attached becomes unoccupied.
Ch. 48:01.
Certain signs
prohibited.
Ch. 35:01.
Ch. 82:03.
When licence to
be void.
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152. No person may hang or allow to project over any
carriageway within a Municipality any blind, shade or awning.
153. (1) No person may hang or allow awnings to project
over any footway within a Municipality any blind, shade or
awning at a height less than three metres from such footway or
use any blind, shade or awning for purposes of advertisement.
(2) Nothing in subsection (1) shall be construed as
precluding any person in occupation of the building to which any
blind, shade, or awning is hung or fixed from having his name
and address or the name of his firm, and the name of the trade or
business carried on in such premises, printed or painted on such
blind, shade or awning, but such person shall observe any
restrictions or limitations as to number, size, location and
lettering of signs contained in any applicable Regulations made
under section 21 of the Town and Country Planning Act.
154. (1) No person may write, paint, stencil or otherwise
mark or cause to be written, painted, stencilled or otherwise
marked any advertisement or other matter or thing on any street
within a Municipality.
(2) Subsection (1) does not apply to any person while
discharging a duty imposed on him by any written law.
155. No person may fix or expose any merchandise in such a
manner that it projects or hangs over any part of a street within
a Municipality.
156. (1) Where any sign, blind, shade or awning is displayed,
erected or retained contrary to the provisions of section 150, 152 or
153 or after the licence for the display, erection, maintenance or
retention thereof has expired or become void, the Council may
cause the sign, blind, shade or awning to be removed and taken
away after giving twenty-four hours notice in writing to the
licensee or to the owner or occupier of the premises of its intention
to do so, and the expenses incidental to such removal, if unpaid,
shall be recovered in a summary manner as a fine in addition to the
penalty incurred for contravening sections 150, 152 and 153.
Awnings.
Length of
awnings.
Ch. 35:01.
No
advertisement
on footways.
Hanging goods
over footways.
Signs, awnings,
etc., contrary to
the Act may be
removed.
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(2) The expenses incidental to the removal of any matter
mentioned in section 154 from any street shall be recovered in a
summary manner as a fine in addition to the penalty incurred for
contravening the provisions of that section.
(3) Subject to any condition imposed by a Council upon
the granting of a licence under section 150, for the purpose of
subsection (1)—
(a) a sign displayed in a street or other public place
within a Municipality after the licence issued in
connection therewith has expired or become
void is deemed to be retained by the licensee;
(b) a sign displayed elsewhere than in a street or
other public place within the Municipality after
the licence issued in connection therewith has
expired or become void is deemed to be retained
by the occupier of the relevant premises; but
where the premises are vacant, the sign is deemed
to be retained by the owner of the premises.
157. A person who contravenes any of sections 150 or 152 to
155 is liable on conviction to a fine of five hundred dollars, and
to a further fine of fifty dollars for every day during which the
offence continues after conviction.
158. (1) Every addition to or alteration of any building within
a Municipality, and any other work made or done for any purpose
in or upon any such building, shall, so far as regards such
alterations or additions, or such other work, be subject to the
provisions of the Town and Country Planning Act, to the
provisions of this Part and of the Building Regulations and of any
other written law applicable to such Municipality.
(2) A person who without the required consent makes
such alterations to a building with the result that the building is not
in conformity with the requirements of the Town and Country
Planning Act or this Act or the Building Regulations is, in addition
to any other liability he incurs, guilty of an offence and liable to a
Penalty.
Additions to,
and alterations
of, buildings.
Ch. 35:01.
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fine of one thousand five hundred dollars and to a further fine of one
hundred and fifty dollars for each day that the offence continues
after written notice thereof.
159. A new building shall not be constructed within a
Municipality otherwise than in accordance with the provision of
the Town and Country Planning Act and the Building Regulations.
160. (1) The written laws mentioned in the Eighth Schedule
shall continue to have effect on the coming into operation of
this Act and might be revoked or amended as provided in
subsection (2).
(2) The Minister may by Regulations, revoke or
otherwise amend the Eighth Schedule.
(3) Regulations made under this section may provide for
a fine of five thousand dollars for any breach thereof and may
also provide a penalty of five hundred dollars for every day
during which such breach continues after conviction.
161. (1) No person shall occupy or suffer to be occupied except
by caretakers not exceeding two in number any new building within
a Municipality unless the Engineer certifies in writing that the
building complies in every respect with the provisions of this Part.
(2) A person who contravenes the provisions of this
section is guilty of an offence and liable to a fine of one thousand
dollars and a further fine of one hundred dollars for each day
during which such offence continues after due notice thereof
from the Engineer.
162. (1) Where any person commences to do any work in
contravention of the provisions of this Act or of the Building
Regulations or of the Town and Country Planning Act or any
other written law, the Engineer may serve a written notice on the
owner of the premises on which such work is being done, or on
the builder, or on both such owner and builder specifying the
contraventions and requiring him or them forthwith to cause such
work to be discontinued.
New building to
conform to
Regulations.
Ch. 35:01.
Continuation
of existing
Building
Regulations.
Eighth
Schedule.
Eighth
Schedule.
Certificate of
compliance with
Building
Regulations.
Power of
Engineer to
order
discontinuance
of building
operations.
Ch. 35:01.
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(2) Every owner or builder who, after service of such
notice upon him, continues or permits such work, is liable to a
fine of one thousand dollars for every day during which he so
continues or permits such work, as the case may be.
(3) Where any owner or builder considers himself
aggrieved by any such notice of the Engineer under this section,
such person may, within seven days after the service of such
notice, appeal to the Chief Technical Officer (Works) on the
matters concerning the merits of the notice to discontinue or
may within the same period appeal to the High Court on any
issue of law.
(4) The Chief Technical Officer (Works) shall give
reasons for his decision and may in writing—
(a) withdraw the notice to discontinue;
(b) vary the notice to discontinue; or
(c) dismiss the appeal.
(5) On the hearing of the matter by the High Court, the
Court may—
(a) dismiss the appeal;
(b) set aside the notice to discontinue; or
(c) remit the matter to the Engineer to be dealt with
according to law.
163. (1) Where any building or other structure is commenced
or completed within a Municipality or any work is done in
contravention of any of the provisions of this Part or of any
Building Regulations of the Council or of the requirements of the
Town and Country Planning Act or any other written law, the
Council may serve on the owner or builder of the building,
structure or work a written notice specifying the contraventions
and requiring such owner and builder—
(a) on or before a day to be specified in the notice, by
a statement in writing, to show cause why such
building or other structure or such work should
not be removed, altered or pulled down; or
Council may
remove or pull
down works
executed in
contravention of
Act or
Regulations.
Ch. 35:01.
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(b) on such day and at such time and place as shall
be specified in the notice to attend personally or
by an agent duly authorised in writing in that
behalf before the Council and show sufficient
cause why such building or structure should not
be removed, altered or pulled down.
(2) When an owner or builder upon whom a notice was
served under subsection (1) fails to show sufficient cause why the
building or other structure or work which is the subject of the
notice should not be removed, altered, or pulled down, the
Council may remove, alter or pull down the building or other
structure or work.
(3) Subject to section 182, the expenses incurred by the
Council in removing, altering or pulling down a building or other
structure or work under this section shall be a joint debt due to
the Corporation by the owner and builder and, until payment,
shall be a charge on the premises on which the building or other
structure was commenced or completed, or the work executed.
(4) The power conferred by this section is in addition
and without prejudice to any other remedy provided by this Part
or by any written law providing for the recovery of any penalties
for breach of any Building Regulations.
164. (1) No person may pull down or remove from its site
any building within any Municipality unless, not more than
fourteen days and not less than two days before such removal, he
gives notice in writing to the Chief Executive Officer of his
intention to pull down or remove such building.
(2) The notice to be given under this section shall be in
the form set out as Form A in the Ninth Schedule.
(3) Any person who pulls down or removes any building
from its site, and any owner of any such building who causes or
permits any building to be removed from its site without having
first given the notice prescribed by this section is liable to a fine
of four thousand dollars.
Power conferred
by this section
to be in addition
to any other
remedy.
No building to
be removed
except after
notice to the
Corporation.
Form A.
Ninth Schedule.
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(4) Every such building pulled down or removed in
contravention of this section shall, until the contrary is proved, be
presumed to have been pulled down or removed by the owner thereof.
165. (1) The owner of land from which any building within a
Municipality is pulled down or removed shall, within seven days
after such pulling down or removal, notify the Chief Executive
Officer thereof.
(2) The notice to be given by such owner shall be in the
form set out as Form B in the Ninth Schedule.
(3) Every owner of land who fails to give such notice
within the time prescribed by this section is liable to a fine of one
thousand dollars.
(4) This section and sections 163 and 164 do not apply to
any Municipality not being a City or Borough except in any area
defined by resolution of the Council and approved by the Minister.
166. (1) No person may remove any building within a
Municipality from its site unless and until all rates and charges
due to the Corporation in respect of the rateable hereditament of
which such building forms part are paid.
(2) Every person who contravenes the provisions of this
section is liable to a fine of one thousand dollars.
(3) Where a building referred to in subsection (1) is re-
erected on some other site, the Council shall in assessing the
building for the current house rate year take into account the rates
paid by the owner of such building before its removal from its
original site.
167. (1) A Council may by notice in writing to any person
who has deposited plans or sections of any buildings or other
structures pursuant to this Part or to any Building Regulations
declare the deposit of such plans or sections to be of no effect if
the work to which the plans or sections relate is not commenced
within two years from the date of deposit of such plans or sections
and actively carried out thereafter.
Owner of vacant
land to notify
Chief Executive
Officer of
removal of
house
therefrom.
Form B.
Ninth Schedule.
Payments of
rates before
removal of
house.
Plans deposited
to be of no
effect if
building is not
commenced
within two
years.
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(2) A Council shall attach a notice of the provisions of
this section to its approval of every such intended work in
relation to which plans and sections have been deposited.
168. Any person who in any Municipality—
(a) erects or alters any building without having the
plans thereof approved by the Council;
(b) erects or alters any building or alters any building
in any wise contrary to the plans and sections
which have been approved by the Council; or
(c) otherwise offends against any of the provisions of
this Part or of any Regulations made hereunder if
no penalty is elsewhere prescribed,
is liable for each offence to a fine of one thousand dollars and, in
the case of a continuing offence, to a further fine of one hundred
dollars for every day during which such offence continues after
notice thereof from the Council.
169. No building may be constructed within a Municipality
over any drain, ravine or storm-water channel, unless specifically
agreed to by the Council and upon such conditions as the Council
may consider necessary to impose.
170. (1) No public building within a Municipality may be
occupied as such unless and until the Engineer, by notice in
writing addressed to the owner, declares his approval of the
construction of the building and of its adequacy and adaptability
for the purpose for which it is permitted to be used.
(2) After the Engineer gives his approval, no work affecting
or likely to affect the building in its structural aspects may be done to,
in, or on such building without the approval of the Engineer.
171. Where permission is granted under the Town and Country
Planning Act to convert or alter any building within a Municipality
erected for a purpose other than a public purpose into a public
building, the conversion or alteration shall be carried out, and such
building shall be constructed in the manner approved by the
Penalty for
breach of
Regulations
with respect to
new buildings.
Building over
drain.
Public buildings
not to be used
until approved.
Conversion into
a public
building of
building erected
for other
purposes.
Ch. 35:01.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
104 Chap. 25:04 Municipal Corporation
LAWS OF TRINIDAD AND TOBAGO
Engineer and provisions of this Part and of any other written law
applicable to public buildings shall apply to the alteration or
construction as if it were the construction of a public building.
172. (1) Where it appears to a Council that any building in a
Municipality used as a public building is not so constructed or
maintained as to afford necessary protection to all persons who may
resort thereto, the Council may, by notice in writing, require the
owner of the building to make such alterations to the building as the
Engineer may approve within the time specified in the notice.
(2) An owner who fails to comply with the requirements
of the notice referred to in subsection (1) within the specified time
is guilty of an offence and liable on summary conviction to a fine
of five thousand dollars and to a further fine of five hundred
dollars for each day that the offence continues after conviction.
(3) The Council may, in lieu of a notice referred to in
subsection (1) or concurrently with such notice or at any time after
service of such notice and without prejudice to the recovery of
penalties for non-compliance, by notice in writing served upon the
owner of a building, require the owner on or before the date
specified in the notice, by statement in writing under his hand
addressed to the Corporation, to show cause why the building
should not cease to be used as a public building or require the
owner on such date and at such time and place as may be specified
in the notice to attend personally, or by an agent duly authorised in
writing in that behalf, before the Council and show sufficient cause
why the building should not cease to be used as a public building.
(4) Where an owner fails to show sufficient cause why a
building should not cease to be used as a public building, the
Council may, by notice addressed to him prohibit the use of the
building as a public building.
(5) An owner who after notice prohibiting use of the
building as a public building under this section uses or permits
use of the building referred to in the notice as a public building,
is liable on summary conviction to a fine of five thousand dollars
for every day during which he uses or permits the building to be
used as a public building.
Council may
require
alterations
necessary for
safety of public.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Municipal Corporations Chap. 25:04 105
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(6) For the purposes of this section, “owner” includes an
occupier and any person having or appearing to have the charge,
management or control of any building or the part of any land or
premises used as a public building.
173. (1) No person may within any Municipality put up any
verandah, balcony, sunshade, weather frame or any other similar
projection so as to project over the footway of any street, except
with the permission of and subject to such terms and conditions
as may be prescribed by the Council.
(2) Where permission is given under subsection (1), the
verandah, balcony, sunshade, weather frame or similar projection
shall not be supported on pillars resting on the footway.
174. No person may within a Municipality make any door,
window, or gate in such manner as to open over a public
thoroughfare, nor to project any door-step or landing into or across
any public footpath, nor to extend or affix any sunshade,
signboard, lamp, grating, gutter, or other unauthorised projection
on any building in such manner as may cause obstruction, danger
or annoyance in any street or to persons passing along any street,
or so as to cause encroachment on or over any street save that—
(a) in the case of theatres and other public buildings,
doors may, with the consent of a Council, be made
to open outwards over a public thoroughfare; and
(b) with respect to all buildings, the mouldings,
cornices or other architectural embellishment
eaves, and gutters may project over a street to
an extent not exceeding four hundred and
fifty-five millimetres.
175. Where any structure abutting on any street within a
Municipality is in the opinion of the Engineer dangerous to
persons using the street, he shall give notice in writing to the
owner of such structure requiring him forthwith to demolish or
repair the same, as the case may require, within such time as may
be specified in the notice.
Verandahs
projecting over
streets.
Door not to
open over public
thoroughfare.
Dangerous
building notice
to owner.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
106 Chap. 25:04 Municipal Corporation
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176. Where any structure in a Municipality is in the opinion of
the Engineer ruinous or so dilapidated as to be unfit for use or
occupation, or to be from any cause in a structural condition
dangerous or prejudicial to property in, or to the inhabitants of,
the neighbourhood, he may give notice in writing to the owner of
such structure requiring him to demolish, secure, repair or rebuild
the same or any part thereof or to fence-in the ground on which
such structure stands, or otherwise to put the same in a state of
good repair, as the case may require, to the satisfaction of the
Engineer within the time specified in the notice.
177. Where it is brought to the knowledge of a Council that
any internal part of a building in the Municipality is in a state
dangerous or prejudicial to the occupier thereof, or of any
neighbouring building, the Council shall cause the same to be
surveyed and examined by the Engineer and if, as a result of the
survey and examination, the Engineer is satisfied that the
structure is in a state dangerous or prejudicial to the occupier or
of any neighbouring building, he shall serve a notice in writing
on the owner thereof requiring him to have the same shored up,
demolished, secured, repaired or rebuilt, as the case may require,
to the satisfaction of the Engineer within such time as may be
specified in the notice.
178. Where the owner fails to comply with the requirements
of a notice served on him under any of section 175, 176 or 177,
within the time specified in the notice, the Council or any person
authorised by it in writing may make complaint of the non-
compliance before a Magistrate who may by order require the
owner to comply with the requirements of such notice within a
time specified by him in the order.
179. Where an order under section 178 is not complied with
within the time specified therein, the person against whom such order
is made is liable to a fine of three thousand dollars and to a further fine
of two hundred dollars for every day during the continuance of such
non-compliance, and the Council may, without prejudice to their right
to recover such penalties, enter upon the structure or on the ground
upon which it stands and execute the order.
Ruinous or
dilapidated
structure to be
demolished or
repaired.
Structure
dangerous or
prejudicial to
occupier to be
demolished or
repaired.
Failure to
comply with
notice.
Penalty.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Municipal Corporations Chap. 25:04 107
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
180. Where an order directs the demolition of a neglected
structure or any part thereof, the Council in executing the order
may remove the materials to a convenient place and, unless the
expenses incurred by the Council under this section in respect of
the structure are paid to them within fourteen days after such
removal, sell the same or any part thereof as and if they in their
discretion think fit.
181. (1) All expenses incurred by a Corporation under
section 180 in relation to a structure may be deducted by the
Council out of the proceeds of sale of the structure and the
surplus, if any, less reasonable legal costs may be paid into the
Supreme Court to an account designated by a reference to the
name of the Corporation, the premises from which the materials
sold were taken, and this Act.
(2) The High Court or any Judge thereof may, on the
petition of any person entitled or claiming to be entitled to
such moneys or any part thereof, make an order for the
payment of the moneys or any part thereof to the person or
persons entitled thereto.
182. Where a structure or any part thereof is not demolished,
and the materials are not sold by the Council, or where the
proceeds of sale are insufficient to defray the expenses incurred
by the Council under section 180 in respect of the structure, the
Council may recover the expenses together with costs from the
owner of such structure in a summary manner, but without
prejudice to his right to recover the same from any lessee or other
person liable for the expenses of repairs.
183. (1) Except with the permission of the Engineer who may
grant permission upon a written application and upon such terms
and conditions as he considers necessary to provide for the safety
and convenience of pedestrians and of the occupiers of adjoining
premises, no footway or thoroughfare within a Municipality
shall, during any building operations or otherwise, be occupied
by any hoarding or scaffolding or by any building materials.
Sale of structure
or part thereof.
Expenses to be
paid from
proceeds of sale.
Expenses may
be recovered
from owners.
Hoardings, etc.,
not allowed on
footway or
street, except by
permission of
Engineer.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
108 Chap. 25:04 Municipal Corporation
LAWS OF TRINIDAD AND TOBAGO
(2) Where permission is granted pursuant to
subsection (1) the person who obtains such permission shall
comply with the requirements of section 62(2) of the Highways
Act, and the side drains shall not be obstructed by the hoarding
or by any building materials or any building debris.
184. (1) The owner as well as the builder shall each be liable
for any act done or omitted to be done in contravention of any of
the provisions of this Act or any Building Regulations.
(2) The provisions of subsection (1) shall not prejudice
any remedy of an owner or other person against the builder.
185. A notice or order under this Part or under any Building
Regulations shall be sufficiently authenticated if signed by the
Engineer for the Municipality in which the building or other
structure that is the subject of the notice or order is situated, or by
any officer duly authorised in that behalf by the Council.
186. All notices served by the Council or the Engineer on the
builder shall be as valid and binding against the owner by whom such
builder is employed as if such notice had been served on the owner.
PART VIII
MARKETS AND SLAUGHTERHOUSES
187. (1) In this Part—
“agricultural products” means every kind of vegetable growth
that is used as food by man or for the purpose of keeping or
preparing any livestock for the use of man;
“animal” means ox, calf, pig, sheep and goat;
“cold stores” means any premises or place used for keeping and
preserving by a refrigeration process any agricultural
products or livestock products;
“drugs” includes any substance manufactured, sold or
represented for use in—
(a) the diagnosis, treatment, mitigation or prevention
of disease, disorder, abnormal physical state or
the symptoms thereof in man or animal; or
Ch. 48:01.
Owner as well as
builder liable for
contravention of
Act or
Regulations.
Authentication
of notice.
Notice served
on builder.
Interpretation.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Municipal Corporations Chap. 25:04 109
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
(b) restoring, correcting or modifying organic
functions in man or animal;
“fresh meat” includes meat of any cattle, sheep, goat, pig, poultry
or game slaughtered for human consumption whether
locally produced or imported into Trinidad and Tobago;
“livestock products” means fresh or frozen meat, fish or poultry,
including live poultry, eggs and every kind of dairy product
(including milk, cream and butter) and honey and beeswax;
“market administrator” means the clerk or other person appointed
to manage any public market or any other person for the
time being acting as market administrator or performing the
duties of such market administrator under the authority of
the Council;
“marketable commodities” means agricultural products, livestock
products, drugs and all goods, wares and merchandise;
“public market” means—
(a) any place appointed a public market by the
Council for the sale of marketable commodities.
(b) any place to which section 188 applies, and includes
all buildings, sheds, covered and open spaces and
grounds comprised within any such place.
(2) This Part does not apply to a Municipality which is not
a City or Borough except insofar as operation of the provisions of this
Part is extended to any such Municipality by Order of the President.
188. Any place lawfully established as a public market within
a Municipality at the commencement of this Act is hereby
declared to be a public market within the meaning of this Act and
market may be held there on such days and during such hours as,
at the time of the passing of this Act, have been fixed for the
purpose, or on such days and during such hours as the Council
may from time to time fix by Bye-laws.
189. (1) Subject to the provisions of the Town and Country
Planning Act, the Council may, with the consent of the
President, appoint any place within the Municipality to be a
public market and construct market houses or other
conveniences in connection therewith.
Existing
markets.
Appointing
places as
markets.
Ch. 35:01.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
110 Chap. 25:04 Municipal Corporation
LAWS OF TRINIDAD AND TOBAGO
(2) For all or any of the purposes of this section and also
for the purpose of enlarging or improving any public market, a
council may, subject to the provisions of the Town and Country
Planning Act set apart and appropriate any land belonging to the
corporation which it considers suitable for any of such purposes
and lease or, in accordance with the Land Acquisition Act, acquire
any land which it considers necessary for any such purpose.
190. (1) Before any public market within a Municipality is
opened for public use, the Council shall give not less than seven
days’ notice of the time when the same will be opened, and
such notice shall be given by the publication thereof in the
Gazette and also in at least one newspaper circulating within
the Municipality.
(2) The Council may appoint the days and fix the hours
during which such markets shall be open for business, and also
determine the commodities which may be sold or exposed for
sale therein.
191. The Council may, at any time, discontinue the use of any
public market or any part thereof as such and, with the consent of
the President, may sell or dispose of the same or any part thereof,
or, subject to the Town and Country Planning Act, may use and
convert the same or any part thereof for any other purpose.
192. The Commission may appoint a Market Administrator of
a Corporation and such other officers and employees including
Inspectors of meat and other articles of foods as may be necessary.
193. (1) An Inspector appointed under section 192 may
inspect any marketable commodities found within a Municipality
in any market or licensed shop or premises, or sold or offered, or
exposed for sale elsewhere under any licence granted under this
Part; and, for that purpose, he may enter any such shop or
premises with proper assistants and, if in his opinion, any such
marketable commodities are unfit for food, cause the same to be
removed and destroyed.
Ch. 35:01.
Ch. 58:01.
Notice of
opening of new
market.
Fixing market
hours and goods
to be sold.
Power to close
markets.
Ch. 35:01.
Appointment of
Market
Administrator
and other
servants.
Inspection for
detecting
unsound
marketable
commodities.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Municipal Corporations Chap. 25:04 111
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L.R.O.
(2) Any person who—
(a) assaults, resists or obstructs a Market
Administrator or other person authorised by the
Council to receive any stallages, rents, dues,
tolls and charges payable in respect of a public
market, or any person employed to superintend
such market or keep order therein, whilst in the
execution of his duty;
(b) prevents any Inspector or any assistant of such
Inspector from entering any shop or other premises,
or from making such inspection as is proper; or
(c) prevents the removal of any marketable
commodities which in the opinion of the
Inspector are unfit for food,
is liable on summary conviction to a fine of one thousand dollars.
194. (1) The Council may collect from every person occupying
or using any stall, stand, table, shed or place in a public market, or
bringing into any such market any marketable commodities or any
other article or thing which the Council permits to be sold therein,
or using any weighing instrument kept in such market, such
stallages, rents, dues, tolls and charges as the Council may from
time to time fix by Bye-laws made under this Part.
(2) The several stallages, rents, dues, tolls and charges
payable in respect of any market shall be paid at such times and
in such manner as the Council may prescribe to the Market
Administrator or any other person authorised by the Council to
receive them.
(3) Where any person liable for the payment of any
stallage, rent, due, toll or charge does not pay the same when
required to do so by the Market Administrator or other duly
authorised person, the Market Administrator or other person so
authorised may recover the same by seizure and immediate sale
of a sufficient part of any marketable commodities in the public
market which belong to such person; or such stallage, rent, due
toll or charge may be recovered as a debt to the Council in any
Court of competent jurisdiction.
Market dues.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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112 Chap. 25:04 Municipal Corporation
LAWS OF TRINIDAD AND TOBAGO
195. All stallages, rents, tolls and charges payable
immediately prior to the commencement of this Act in respect of
any of the existing public markets shall continue in force and be
payable in respect of such markets as if such stallages, rents, tolls
and charges had been fixed under this Act.
196. (1) A Council may make Bye-laws for all or any of the
following purposes:
(a) for regulating the use of public markets within
the Municipality and directing the manner of
occupying and using the stalls, stands, tables,
sheds and places therein;
(b) for prescribing the conditions subject to which
the stalls, stands, tables, sheds and places shall
be held, occupied or used by the persons hiring
or using the same, and for imposing on such
persons such duties as the Council considers
necessary for ensuring that the stalls, stands,
tables, sheds and places occupied by them and
all blocks, axes, saws and other implements or
instruments and all scales used by them are
properly cleaned and kept clean;
(c) for regulating the use of weighing instruments
belonging to the Corporation and used in such
markets, and preventing the use of false or
defective weights, scales or instruments by any
person selling in any such market;
(d) for restricting the sale or display of certain
classes or kinds of marketable commodities to
designated areas in any public market or
prohibiting the introduction of such marketable
commodities to any such market;
(e) for preventing nuisances or obstructions in any
such market or in the immediate approaches
thereof;
(f) for maintaining order and prohibiting any
disorderly behaviour;
Existing tolls,
etc., to continue
to be payable.
Bye-laws.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Municipal Corporations Chap. 25:04 113
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L.R.O.
(g) for excluding and removing from any such
market, persons suffering from any infectious or
contagious disease;
(h) for prescribing measures to be taken by vendors
of marketable commodities in any such market
to protect such commodities from contamination
by flies and dust or otherwise;
(i) for prohibiting, restricting or controlling the
introduction of fresh meat for sale in the
Municipality;
(j) generally, for the good government of such
markets and for the carrying into effect of the
provisions of this Part.
(2) All Bye-laws made by a Council under this section
shall be printed, and a copy thereof exhibited in a conspicuous
part of every public market to which such Bye-laws apply. The
Bye-laws shall also be published in the Gazette and in one
newspaper circulating within the Municipality.
197. (1) No person may hold market for the sale of fresh
meat, fish or other marketable commodities in any place within a
City or Borough not being a public market under this Act.
(2) For the purposes of this section, an owner or
occupier of any place or premises within a City or Borough who
permits or allows two or more persons to attend at any time to sell
at such place or premises is deemed to be holding a market.
(3) Any person who attends a market referred to in
subsection (1) and sells at the same is liable to a fine of two
hundred dollars for every such offence.
(4) Any person who contravenes the provisions of
subsection (1) is guilty of an offence and liable on conviction to
a fine of two thousand dollars for each day on which the offence
continues after conviction thereof.
198. (1) No person, whether owner of the fresh meat or fresh
fish or not, shall ply or act as a vendor of fresh meat or fresh fish at
Bye-laws to be
exhibited in
market and
published.
Markets only in
specified areas.
Licence to
salesman of
meat or fish.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
114 Chap. 25:04 Municipal Corporation
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any stall, table or place in any public market without having first
obtained a licence for the purpose from the Council.
(2) Every person who contravenes this section is liable to a
fine of two hundred dollars for each day on which he so contravenes.
199. (1) No person may sell or offer for sale any fresh or
frozen meat or fish within a City or Borough except in a public
market or in a shop, store or warehouse licensed for such sale by
the Council of the Corporation.
(2) Within any City or Borough, no person may sell or
offer for sale any marketable commodity not being fresh or frozen
meat or fish except in a public market or under and in accordance
with the terms of a licence in that behalf granted by the Council.
(3) Any person who contravenes subsection (1) is liable
to a fine of two thousand dollars.
(4) Any person who contravenes subsection (2) is liable
to a fine of one thousand dollars.
(5) Every Council of a City or Borough shall keep
posted in a conspicuous place on the grounds or building of every
public market a copy in legible letters of subsections (1), (2), (3)
and (4).
200. (1) In any Municipality, not being a Borough or City, no
person may sell or offer for sale any fresh or frozen meat, fish,
poultry or agricultural products in any place within a radius of one
and a half kilometres of any public market, or a shop, store or
warehouse established or operated for the sale of such commodities
and licensed for such sale by the Council of the Corporation.
(2) Any person who contravenes subsection (1) is liable
to a fine of one thousand dollars.
(3) The Council of a Corporation other than a City or a
Borough shall keep posted in a conspicuous place on the market
grounds or buildings a copy in legible letters of subsections (1)
and (2).
Meat and fish to
be sold only in
public market or
licensed shop,
etc.
Prohibition of
sale of
marketable
commodities not
being fish or
meat.
Penalty for
breach of
subsection (1).
Penalty for
breach of
subsection (2).
In Regional
Municipalities
commodities to
be sold in public
markets or
licensed shops,
etc.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Municipal Corporations Chap. 25:04 115
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
201. (1) Any licence issued by a Council under this Part shall
be granted for such period and on payment of such fees and
upon such terms and conditions as the Council may from time to
time prescribe and shall specify the premises in respect of which
it is issued.
(2) Any Bye-laws made under section 196 may, so far as
it is applicable, be embodied in the conditions prescribed by the
Council in a licence issued under this section.
(3) A Council may not issue a licence under this Part unless
there has first been filed with the Council a certificate issued by the
Director responsible for the administration of the Town and Country
Planning Act certifying that use of the premises specified in the
licence for the purpose for which the licence is granted will not
contravene the requirements of the Town and Country Planning Act.
202. (1) Subject to the Town and Country Planning Act, the
Council may grant a licence for the use of any premises within a
Municipality as cold stores.
(2) No person within a Municipality may—
(a) use any premises as cold stores without having
first obtained a licence for that purpose from the
Council, or
(b) sell fresh meat or fresh fish from such
premises except under a licence granted under
section 199(2).
(3) Any person who contravenes any provision of
subsection (2) is guilty of an offence and liable to a fine of two
thousand dollars and to a further fine of two hundred dollars for
each day that the offence continues after written notification
thereof by the Chief Executive Officer to such person.
203. Any fresh meat or fresh fish delivered from any cold stores
within a Municipality whether such delivery is made in pursuance
of a contract of sale or otherwise (except meat or fish delivered at
any premises licensed for the sale of meat or fish under this Part or
at any public market within the Municipality) shall be deemed to
be sold within the meaning of this Part.
Licences
generally.
Ch. 35:01.
Cold stores to
be licensed.
Ch. 35:01.
Selling meat or
fish.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
116 Chap. 25:04 Municipal Corporation
LAWS OF TRINIDAD AND TOBAGO
204. The licensee of any cold stores shall pay to the Council,
in respect of all fresh meat or fresh fish sold from such cold
stores, tolls or dues at such rates as may from time to time be
appointed by resolution of the Council, but not exceeding in any
case the tolls or dues payable in respect of meat sold in the public
market licensed for the sale of meat under this Part.
205. The Council may make Bye-laws for enforcing
cleanliness in all cold stores within a Municipality, for fixing the
hours during which fresh meat or fresh fish may be delivered
therefrom, for imposing on the licensee of any cold stores the
obligation of making such returns as to the quantities and
description of any fresh meat or fresh fish received into such cold
stores and the destination of any fresh meat or any fresh fish
delivered therefrom as the Council may consider necessary for
the purposes of this Part and generally for more efficiently
carrying out the provisions of this Part relating to cold stores.
206. (1) No fresh fish intended for sale shall be landed on any
part of the foreshore within a City or Borough except at such
place or places, and upon payment of such fees, and upon such
conditions as may from time to time be appointed and prescribed
by the Council.
(2) Notice of any landing place appointed under this
section shall be published in the Gazette and in at least one
newspaper circulating within the Municipality.
(3) Any person who contravenes this section is liable to
a fine of one thousand five hundred dollars.
207. (1) Subject to the Town and Country Planning Act, the
Council may, with the approval of the President, acquire land for
the erection of buildings belonging to the Corporation as public
slaughterhouses for the slaughtering of animals and as soon as
such buildings are ready for use, the Council shall give notice of
the time the buildings will be opened and such notice shall be
given by the publication thereof in the Gazette and also in at least
Dues payable on
meat or fish sold
from licensed
cold stores.
Bye-laws.
Landing of fish
for sale.
Provision of
public
slaughter-
houses.
Ch. 35:01.
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one newspaper circulating in the Municipality; and subject to
subsection (2), no person may within a Municipality slaughter
any animal intended for human consumption elsewhere than in a
public slaughterhouse provided by the Council.
(2) A person of the Muslim or Hindu faith may, on a
requisition signed by him, obtain a permit to be issued by the
Chief Executive Officer permitting such person to slaughter
animals for religious purposes, and not for sale, at premises to be
named in such permit outside the public slaughterhouse.
(3) No person may sell, offer or expose for sale within a
Municipality the carcass or meat of any animal not slaughtered in
a public slaughterhouse provided by a local authority.
(4) The onus of proof as to the place where the animal
was slaughtered lies on the defendant.
(5) The meat of any animal for sale not slaughtered
within a Municipality shall, on arrival thereat, be forthwith taken
to a slaughterhouse provided by the Council for inspection and
shall remain there until taken to the market.
(6) The Council may charge a fee not exceeding twenty
dollars for the inspection of the carcass of each ox; and not
exceeding five dollars for that of each calf, pig, goat or sheep
slaughtered outside the Municipality and brought into it for sale.
Such fee may be recovered in like manner as provided in this Part
for the recovery of market dues.
(7) Any person who contravenes this section is liable to
a fine of five hundred dollars.
208. (1) The Council may make Bye-laws with respect to the
management, good government and use of any slaughterhouse
and detention station under the control of the Council and the
feeding and the watering of animals taken there, and it may by
such Bye-laws fix the charges to be made for the lairage,
slaughtering and where necessary, the destruction of animals.
(2) Where an owner fails to comply with any Bye-laws
made under this section imposing any duty on him with respect to
All animals to
be slaughtered
at public
slaughter-
houses.
Bye-laws for
slaughterhouses
and detention
stations.
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any animal belonging to him, the Council may without prejudice
to its right to institute summary proceedings for the breach of
such Bye-laws, undertake the execution of such duty; and the
expenses incurred for the purpose shall be a debt due from such
owner to the Corporation.
(3) Where default is made by an owner in respect of any
expenses due to the Corporation under this section or any Bye-
laws made thereunder, the Council may recover the expenses
due by summary proceedings before a Magistrate or by sale of
any animal of the owner then in the slaughterhouse or the
detention station.
(4) Any sale under this section shall be by public
auction notice whereof shall be conspicuously displayed for at
least twenty-four hours on a notice board or other prominent
place in the office of the manager or other person responsible for
the administration of the slaughterhouse or detention station and
the Council shall apply the proceeds of such sale, firstly, in or
towards the payment of the cost and expenses of such sale, and
secondly, in or towards the payment of the sums due by the
owner to the Corporation and the surplus, if any, shall be paid to
the person entered as the owner of the animal in the books of
the Corporation.
209. (1) On a second or subsequent conviction for any
offence under this Part or any Bye-laws made hereunder, the
convicting Magistrate may in his discretion, in addition to any
other penalty which he may impose, order that the offender be
not allowed to sell in any market and that his licence be forfeited.
(2) The Council may cancel the licence issued to any
person under this Part or refuse to renew such licence where
such person—
(a) has been convicted more than twice for the same
or a similar offence under this Part;
(b) has assaulted any officer of the Council;
(c) has been convicted of any offence involving
violence or tending to produce disorder in a market.
Penalty for
second offences.
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PART IX
PEDLARS, HAWKERS AND HUCKSTERS
210. (1) No person may, within a Municipality, without
having first obtained a licence from the Council under the hand
of the Chief Executive Officer, follow the trade or business of a
pedlar, hawker or travelling huckster, or as such pedlar, hawker
or travelling huckster sell or barter any merchandise or
provisions, save and except the merchandise, goods, provisions
and things specified in the Twelfth Schedule hereto.
(2) Any person who contravenes subsection (1) is liable
to a fine of two thousand dollars.
211. (1) Licences granted under this Part shall be yearly, and
every such licence shall bear the date of, and commence on, the
day on which it is issued, and every such licence, whensoever
issued, shall expire on the last day of December next following
the date of issue.
(2) In respect of licences granted by the Council under
this Part, there shall be paid to the Treasurer the licence fees
specified in the Thirteenth Schedule.
212. The Chief Executive Officer shall, in a proper book kept
by him for the purpose, enter the name of every person to whom
a licence is granted under this Part, the number of every such
licence, the date of its issue and the sum paid for the same.
213. The Council may, by resolution increase, reduce or
otherwise alter all or any of the licence fees payable under the
Thirteenth Schedule; but no such resolution shall come into
operation until one month after the first publication thereof in the
Gazette and in one newspaper circulating in the Municipality.
214. (1) Before any licence under this Part is granted by a
Corporation, a requisition for the same shall be made and signed
by the person applying to be licensed.
(2) Every such requisition shall set forth the full name of
the person applying to be licensed and his place of residence.
Licensee to
trade as pedlar,
hawker and
huckster.
Twelfth
Schedule.
Duration of
licences.
Thirteenth
Schedule.
Register of
licences.
Alteration of
fees.
Thirteenth
Schedule.
Requisition for
licence.
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(3) Every such requisition shall be deposited at the
office of the Chief Executive Officer.
215. (1) Every requisition submitted to a Corporation under
this Part shall be received as evidence and be deemed proof of
all matters therein contained as against the party applying for
the licence.
(2) Every person who falsely states any of the
particulars required to be set forth in such requisition is liable to
a fine of five hundred dollars.
216. Every licence issued under this Part shall contain the
following particulars:
(a) a distinguishing number;
(b) the full name of the licensee and his place of
residence.
217. (1) Whenever a person to whom the Council has issued a
licence under this Part changes his residence or place of business,
he shall forthwith give notice thereof in writing signed by him to
the Chief Executive Officer and shall at the same time produce the
licence to the Chief Executive Officer, who shall thereupon
endorse a memorandum specifying the particulars of such change.
(2) Any licensee who fails to comply with the provisions
of subsection (1) is liable to a fine of five hundred dollars.
218. Any person who forges or counterfeits, or causes or
procures to be forged or counterfeited, any document purporting
to be a licence issued under this Part is liable on conviction on
indictment to imprisonment for twelve months.
219. Every person licensed as a pedlar, hawker or travelling
huckster shall cause his name and the words “Licensed Huckster”,
“Licensed Hawker” or “Licensed Pedlar”, as the case may be, and
the distinguishing number of his licence, to be painted on some
conspicuous part of the outside of every trunk, box, tray, basket or
other receptacle or thing in which he carries about or exposes any
goods for sale, in letters and figures not less than one inch in height.
Evidence.
Form of licence.
Change of
abode of
licensee.
Forging or
counterfeiting
licence.
Huckster’s
name to be on
box, etc.
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220. Informations and complaints against any person for any
offence against any of the provisions of this Part may be laid or
made by and in the name of any—
(a) Municipal Police Officer;
(b) authorised officer,
of the Municipality within which the offence took place.
PART X
BYE-LAWS, RULES AND REGULATIONS
221. (1) In addition to any other Bye-laws, Rules, or
Regulations which a Council is expressly authorised to make
under this Act, a Council may make such Bye-laws, Rules, and
Regulations as to it seems proper for the good rule and
government of the Municipality and for the prevention and
suppression of nuisances not already punishable in a summary
manner by virtue of any written law.
(2) (a) Bye-laws, Rules or Regulations shall not be
made, altered, amended, or repealed unless at least the prescribed
number of the members of the Council is present and vote.
(b) The number of members of the Council
prescribed to be present and to vote for the purposes of this
subsection shall be as set out in the Third Schedule or in an Order
made pursuant to section 5(2).
222. A Council may by any Bye-laws, Rules, or Regulations
made by it under this Part impose penalties not exceeding five
hundred dollars for each offence and, in the case of a continuing
offence, a further penalty not exceeding fifty dollars for each day
during which such offence continues after written notice thereof
from the Council and, in default of payment of such penalties,
imprisonment for any term not exceeding three months.
223. (1) Bye-laws, Rules, or Regulations made by a Council
shall not take effect unless and until they have been confirmed by
the President.
Who may lay
information.
Bye-laws for
good
government of a
Corporation.
Third Schedule.
Penalty for
breach of Bye-
laws.
Bye-laws to be
confirmed by
the President.
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(2) All Bye-laws, Rules, or Regulations made by a
Council shall, when confirmed by the President, be published in
the Gazette with a statement of the confirmation by the President
and of the date on which they will come into force.
(3) This section does not apply to any Rules or
Regulations made by a Council relating to the duties, rights, or
conduct of its officers or servants, or with respect to the proceedings
at meetings of the Council or of any committee thereof and the form
or order of their debates; and all such Rules and Regulations have
effect without being confirmed by the President or otherwise.
224. Where a Council is empowered to make Bye-laws, Rules,
or Regulations affecting premises or imposing any duties on the
owners or occupiers thereof, the Council may make such Bye-
laws, Rules or Regulations for the whole or for any part of the area
under its jurisdiction and may make separate and different Bye-
laws, Rules or Regulations for different parts of such area.
PART XI
LEGAL PROCEEDINGS
225. (1) Unless otherwise expressly provided, any offence
under this Act or under any Bye-laws, Rules or Regulations made
under this Act is punishable on summary conviction under the
Summary Courts Act; and all such offences and all penalties,
fines, forfeitures, costs and expenses under this Act or under any
such Bye-laws, Rules or Regulations directed to be recovered in
a summary manner or the recovery of which is not otherwise
provided for may be prosecuted and recovered in the manner
provided by the Summary Courts Act.
(2) Any information or complaint for any offence against
the provisions of this Act or of any other written law, including
any Bye-laws, Rules or Regulations made by the Council, for
breach of the provisions whereof the Council may institute
proceedings, may be laid or made in the name of the Corporation
by any officer of the Corporation duly authorised in that behalf by
resolution of the Council either generally or in respect of offences
Publication of
Bye-laws in
Gazette.
Bye-laws may
apply to whole
or part of
Municipality.
Recovery of
penalties.
Ch. 4:20.
Complaints or
information may
be made or laid
by officers of
the Council duly
authorised.
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against the provisions of specified written laws; and any officer
authorised in that behalf by resolution of the Council may
conduct the proceedings before a Magistrate in any case in which
the Corporation is either a complainant or a defendant.
(3) All penalties, fines, forfeitures, costs and expenses
recovered in respect of offences committed against the provisions of
this Act or under any Bye-laws, Rules or Regulations made by the
Corporation under this Act or under any other written law
administered by the Corporation shall be received by the Magistrate
and paid over by him to the Treasurer for the use of the Corporation
within whose municipal boundaries the offence took place.
226. (1) Any person who does any act in contravention of
any of the provisions of this Act or of any Bye-laws, Rules or
Regulations made under any power conferred by this Act, or who
fails to execute any work, or to do anything which he is required
to do by virtue of any of the provisions of this Act or of any such
Bye-laws, Rules or Regulations or of any order or notice served
upon him by a Council by virtue of this Act is, unless some other
penalty is provided therefor, liable to a fine of five hundred
dollars and in case of a continuing offence, to a further fine of
fifty dollars for each day that such offence is continued after
written notice thereof from the Council.
(2) Where the beginning of the execution of any work is
an offence in respect of which the offender is liable under this Act
or under any Bye-laws, Rules or Regulations, to a penalty, the
existence of the work during its continuance in such a form and
state as to be in contravention of the Act or of the Bye-laws,
Rules or Regulations shall be deemed to be a continuing offence,
but a penalty shall not be incurred in respect of such existence
after the expiration of one year from the day when the offence
was first discovered by the Council.
227. (1) An action to recover a fine from any person for acting
in a corporate office without having made the requisite declaration,
or without being qualified, or after ceasing to be qualified, or after
becoming disqualified, may be brought by any elector of the
Penalties for
offences not
otherwise
provided for.
Continuing
offence.
Procedure in
penal actions
against
corporate
officers.
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Corporation; but no action shall lie unless the plaintiff has, within
fourteen days after the cause of action arose, served a notice in
writing personally on the person liable to the fine of his intention
to bring the action, nor unless the action is commenced within
three months after the cause of action arose.
(2) The Court or a Judge may, on the application of the
defendant within fourteen days after he has been served with the
writ of summons in the action, require the plaintiff to give
security for costs.
(3) Unless judgment is given for the plaintiff, the
defendant shall be entitled to costs to be taxed as between
Attorney-at-law and client.
(4) Where any such action is brought against a person
on the ground of his not being qualified in respect of estate, it
shall lie on him to prove that he was so qualified.
(5) A moiety of the fine recovered shall, after payment
of the costs of action, be paid to the plaintiff.
228. (1) An application for an information in the nature of a
quo warranto against any person claiming to hold a corporate
office shall not be made after the expiration of three months from
the time when he became disqualified after election.
(2) In the case of such an application, or of an application
for a mandamus to proceed to an election of a corporate officer
other than a Councillor, the applicant shall give notice in writing
of the application to the person to be affected thereby (in this
section called the respondent) at any time not less than ten days
before the day in the notice specified for making the application.
(3) The notice shall set forth the name and description of
the applicant and a statement of the grounds of the application.
(4) The applicant shall deliver, with the notice, a copy of
the affidavits whereby the application will be supported.
(5) The respondent may show cause in the first instance
against the application.
Quo warranto
and mandamus.
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(6) When sufficient cause is not shown, the Court, on
proof of due service of the notice, statement and copy of
affidavits used in support of the application, may, if it thinks fit,
make the rule for the information or mandamus absolute.
(7) The Court may, if it thinks fit, direct that any writ or
mandamus issued be peremptory in the first instance.
229. (1) Where a Council has incurred expenses for the
repayment whereof the owner of the premises for or in respect of
which the same were incurred is liable under any provision of this
Act or under any agreement with the Council, such expenses may
be recovered together with interest thereon at ten per cent per
annum computed from the date of the service of a demand for the
same to the date of payment from the owner for the time being of
such premises, and, until recovery of such expenses and interest,
the same shall be a charge on the premises for or in respect of
which they were incurred.
(2) Subject to subsection (3), the Council may, by order,
or in any agreement with such owner, declare such expenses to be
payable by annual instalments within a period not exceeding five
years with interest or any part thereof may, without prejudice to
the power of sale vested in the Corporation by virtue of the Rates
and Charges Recovery Act, be recovered by action in any Court
of competent jurisdiction from the owner or the occupier for the
time being of such premises and, if paid by or recovered from the
occupier, may be deducted by him from the rent due or accruing
due to the owner.
(3) Where any of the instalments or the interest or any
part of either is in arrear and unpaid for a period of three months
after the time appointed for the payment thereof, the whole amount
of the expenses remaining unpaid and charged on such premises
shall forthwith become payable to the Corporation and the power
of sale vested in the Corporation for the amount shall forthwith
become exercisable for the recovery of the outstanding instalments
and interest thereon at the rate of ten per cent per annum computed
from the date of payment of the last instalment, or if no instalment
has been paid from the date when the expenses charged on such
premises first became due and payable by the owner.
Recovery of
expenses from
owners.
Payments by
instalments.
Ch. 74:03.
Procedure in
case of non-
payment of
instalment.
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(4) Where, otherwise than in the circumstances referred
to in subsection (1), a Corporation incurs any expense in
consequence of the breach by any person of any provision of
Part VII or any Bye-laws, the expense with interest computed at
the rate of ten per cent each year from the date such expenses
were incurred shall be recoverable in a summary manner by the
Corporation from the person committing the breach.
230. (1) Where in any legal proceedings it becomes necessary
to prove any document of a Corporation, a copy of or an extract
from such document purporting to be certified to be true by the
Corporation Secretary shall be sufficient prima facie evidence of
such document.
(2) No proof shall be required of the handwriting or of
the official position of the Corporation Secretary certifying in
pursuance of this section to the truth of any such copy of or
extract from any document.
(3) For every certified copy of or extract from any
document supplied by the Council in pursuance of this section, there
shall be paid to the Corporation for every one hundred words or part
thereof contained in such copy or extract the sum of twenty dollars.
(4) No officer of a Corporation shall in any legal
proceeding be compellable to produce any document the contents
of which can be proved by a certified copy under the provisions
of this section except on the order of a Judge or Magistrate made
for special cause.
(5) Where any officer of a Corporation is required under
order of a Judge or Magistrate made for special cause in
pursuance of this section to produce any original document of the
Corporation for the attendance of such officer upon subpoena in
Court for that purpose the sum of fifty dollars.
(6) For the purposes of this section, “document of a
Corporation” includes notices, orders and authorities given, made
and issued by the Council and any entry in any rate book, account
book, register or other book of a Corporation and any resolution or
Expense caused
to Corporation
by contravention
of Part VII or
Bye-laws.
Certified copies
of documents to
be prima facie
evidence
thereof.
Proof of
handwriting not
required.
Fee for copy or
extract.
Production of
original.
Fee for
production of
original.
Definition of
“document of a
Corporation”.
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other matter recorded in any Minute Book of a Corporation, and all
Orders, Rules, Bye-laws, Regulations, warrants, lists, certificates,
requisitions, letters, notices, receipts and any other documents
whatsoever in the custody of or proceeding from a Corporation.
(7) The provisions of this section shall be deemed to be
in addition to and not in derogation of any powers of proving
documents given in any other part of this Act or by any other
written law.
(8) Notwithstanding anything contained in this section,
the Corporation Secretary may grant any person desiring the
same for any other purpose than as evidence in legal proceedings,
a certified copy of or extract from any document of the
Corporation upon payment of such fee and upon such terms as
may be fixed by resolution of the Council.
231. (1) Where any officer of a Corporation or any other
person is duly authorised by a Council or by a Magistrate or
Justice to enter any premises for any of the purposes of this Act,
such officer or person shall, on entering such premises, if required
by the occupier thereof, produce to such occupier either the
original or a duly authenticated copy of his authorisation, or some
other sufficient evidence of his being authorised as aforesaid.
(2) The copy of the written authorisation referred to in
this section shall be deemed to be duly authenticated if it purports
to be signed by the Chief Executive Officer.
(3) Any person who refuses to permit any duly
authorised officer or servant of a Corporation to enter any
premises for any of the purposes for which its duly authorised
officers or servants are authorised to enter premises by virtue of
this Act, or who obstructs, hinders or delays duly authorised
officers or servants of a Corporation in the execution of any of
their duties under this Act or under any Bye-laws made hereunder
is guilty of an offence and (unless a different penalty is expressly
provided for the offence charged) is for every such offence, liable
to a fine of five hundred dollars.
Certified copy
or extract may
be granted by
Corporation
Secretary.
Procedure for
enforcing
powers of entry.
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(4) In any information or complaint preferred or made
by a Corporation or by any of its officers or servants against any
person pursuant to subsection (3), the complainant may add a
notice that he intends at the hearing to apply to the Magistrate for
a warrant authorising him to enter such premises, by force if need
be, for the purposes specified in the notice. In such cases the
Magistrate may, either in addition to the penalty provided for
such offence under this Act or, without imposing any penalty for
the offence, by warrant under his hand, authorise the duly
authorised officers or servants of the Corporation to enter such
premises, by force if need be, and with such assistants as they
may require, and there to execute their duties under this Act.
(5) The warrant issued under subsection (4) may be
according to the form in the Tenth Schedule.
(6) A warrant issued under subsection (4) shall continue
in force until the purpose for which the entry is necessary has
been satisfied.
(7) A person who obstructs the execution of any such
warrant is, without prejudice to any other proceeding that might
be brought against him, liable on summary conviction to a fine
of five hundred dollars for every day that he obstructs the
execution thereof.
PART XII
MISCELLANEOUS FUNCTIONS
232. The following functions are exercisable by a Corporation
in the Municipality in addition to those already vested in it under
this Act:
(a) the distribution of truck-borne water subject to
the provisions of the Water and Sewerage Act;
(b) the provision, maintenance and control of all
Corporation buildings;
(c) the maintenance and control of homes for the
aged established by the Corporation;
Tenth Schedule.
Additional
functions.
[8 of 1992].
Ch. 54:40.
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(d) subject to any other written law, the
maintenance and control of childcare centres
established by the Corporation;
(e) the construction and maintenance of all drains
and watercourses, except main drains and water-
courses, and drains along main roads and
highways;
(f) the provision, maintenance and control of such
parks, recreation grounds, beaches and other
public spaces as the President may from time to
time by Order prescribe;
(g) the promotion of development within the
Municipality in accordance with plans approved
by the Minister with responsibility for physical
planning;
(h) the maintenance of State property including—
such police stations, health centres, post
offices, and other government buildings as
the Minister to whom responsibility for
construction and maintenance of buildings is
assigned may by Order determine;
(i) (Deleted by Act No. 8 of 1992);
(j) the disposal of garbage from public and private
property, the development and maintenance of
sanitary landfills, chemical treatment for insect
and vector control, abatement of public
nuisances and dissemination of information for
primary health care;
(k) (Deleted by Act No. 8 of 1992);
(l) the co-ordination of local and regional trade
fairs, athletic events and cultural displays and
entertainment;
(m) the collection and distribution of forms issued
by Departments of Government;
(n) the maintenance and control of burial grounds and
crematoria, subject to the provisions of the Burial
Grounds Act and the Cremation Act;
Ch. 30:50.
Ch. 30:51.
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(o) the provision, maintenance and control of public
pastures and recreation grounds, subject to the
provisions of the Recreation Grounds and
Pastures Act;
(p) such other functions as the President may from
time to time by Order prescribe.
PART XIII
ASSOCIATION OF LOCAL
GOVERNMENT CORPORATIONS
233. (1) There is hereby established for the purposes set forth
in subsection (2) an Association to be known as the Association
of Local Government Corporations of Trinidad and Tobago
(referred to below as “the Association”) consisting of all
members of Local Government Corporations.
(2) The objects of the Association are to promote the
common interests of all local government bodies and more
particularly—
(a) to promote the effective and efficient management
of Municipal Government Corporations;
(b) to act as a medium of communication and to
confer with Government Corporations;
(c) to provide representations on Government or
Public Bodies.
234. (1) The affairs of the Association shall be managed by a
Chairman, a Vice-Chairman and an Executive Committee
consisting of not fewer than five nor more than nine members
elected by the members of the Association from among themselves.
(2) The Chairman shall be the Chief Executive Officer
of the Association with the approval of the President, shall have
supervision over and direction of the work of the Association
and the duties to be performed by the other members of the
Executive Committee and the duties to be performed by such
members of the staff.
Ch. 41:01.
Association of
Local
Government
Corporations.
Chairman and
Executive
Committee of
Association.
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(3) A Municipal Corporation may, subject to the
approval of the Association, pay a reasonable subscription
whether annually or otherwise to the funds of the Association.
(4) The staff of the Association of Local Government
Corporations shall consist of such public officers as may be
assigned to it.
235. Subject to the approval of the President, the Association
shall develop, adopt and keep under review a Code of Ethics to
which its members must adhere and, until a Code of Ethics is so
adopted, the “Code of Ethics for Parliamentarians including
Ministers” adopted by resolution of Parliament shall, in so far as
it is appropriate to the conduct, functions and duties of members
of Local Government Corporations, apply mutatis mutandis.
PART XIV
DISCIPLINARY PROCEEDINGS
236.
to (Repealed by Act No. 8 of 1992).
252.
PART XV
REGIONAL CO-ORDINATING COMMITTEES
253. (1) In every Municipality there shall be established a
Co-ordinating Committee with responsibility for ensuring
efficiency in the management of operations and co-ordinating the
delivery of services.
(2) The Co-ordinating Committee shall comprise—
(a) the Mayor of the Council;
(b) the head of the district or regional operations of
the Water and Sewerage Authority;
(c) the head of the district or regional operations of
the Trinidad and Tobago Electricity Commission;
(d) the District or Regional Officer responsible for
main roads in the area;
}
Code of ethics.
Co-ordinating
Committee.
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(e) the District or Regional Officer responsible for
drainage and irrigation in the area;
(f) the Medical Officer of Health;
(g) the Chief Executive Officer;
(h) a secretary to the Co-ordinating Committee
appointed by the Council;
(i) such other officers of Central or Local
Government and other persons as the Minister
may upon the request of a Council appoint.
(3) The Mayor shall be Chairman of the Co-ordinating
Committee.
(4) The Chief Executive Officer and the Secretary shall
have no right to vote on decisions of the Co-ordinating Committee.
254. The Co-ordinating Committee shall establish the
procedure to be followed for the conduct of its business and shall
meet as often as it considers necessary and shall report to the
Minister every three months.
PART XVI
GENERAL PROVISIONS
255. (1) Notices, orders, accounts, demands and any other
documents required to be served, given or delivered by the Council
under this Act or any other written law, or under any Bye-laws,
Rules or Regulations of the Council, may be in writing or print, or
partly in writing and partly in print; and, if the same require
authentication, shall be sufficiently authenticated by the name of
the Chief Executive Officer or any other duly authorised officer of
the Corporation being affixed thereto in print or in writing.
(2) Service of any notice under this Act or any Bye-
laws, Rules or Regulations made hereunder, on any owner or
occupier shall be effected by handing the same to him or leaving
the same at his usual place of abode, or, where the owner or
occupier is absent from Trinidad and Tobago, or is unknown, or
cannot be found, by posting a copy of such notice on the premises
to which it is related.
Power to
establish own
procedure.
Form,
authentication,
and service of
notices, etc.
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(3) Any notice, order, or document required or authorised
to be served upon any body or person under this Act or any Bye-
laws, Rules or Regulations made hereunder, may be served by the
same being addressed to such body or person and being left at or
transmitted through the post to the following addresses respectively:
(a) in the case of the President, the office of the
Cabinet Secretariat;
(b) in the case of the Postmaster General, the
General Post Office;
(c) in the case of the Chief Technical Officer (Works),
the Permanent Secretary, Ministry of Works;
(d) in the case of any company having a registered
office, the registered office of such company;
(e) in the case of a company having an office or
offices, but no registered office, the principal
office of such company; and
(f) in the case of any other person, the usual or last
known place of abode of such person.
(4) Any notice, order or document by this Act required
or authorised to be served on the owner or occupier of any
premises shall be deemed to be properly addressed if addressed
by the description of the “owner” or “occupier” of the premises
(naming the premises) without further name or description.
256. (1) Where a Council is authorised under this Act or any
other written law or any Bye-laws, Rules or Regulations made by the
Council to refuse its consent to the execution of any work or the
doing or omitting to do any act or thing by the owner of any
premises, the Council may, instead of refusing such consent, grant
the same, subject to such terms and conditions in relation to the
subject matter of such consent as the Council thinks fit, and any
breach of any such terms or conditions shall be deemed, as regards
liability to penalties and other consequences, equivalent to the doing
or omitting to do such act or thing without the required consent.
(2) All consents given by the Council under this Act or
any other written law shall be given in writing, and, unless
Power to attach
conditions to
consent.
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otherwise prescribed, shall be under the hand of the Chief
Executive Officer or the Engineer or any other officer of the
Corporation duly authorised in that behalf.
257. (1) No error, misnomer, or inaccurate description of any
person, body corporate or place in any notice, list, register, roll or
rate book required by this Act shall in any way hinder the full
operation of this Act with respect to that person, body corporate
or place, or affect the liability of any premises to any rate or
charge payable in respect thereof.
(2) The Council may at any time correct any such errors,
misnomers or inaccurate descriptions, and make such
amendments in any such notices, lists, registers, rolls or rate
books as may be necessary to correct any such errors and to make
the entries conformable to fact, to any resolutions of the Council
relating to such entries and to the provisions of this Act.
258. (1) Every rate, charge or sum of money due to a
Corporation under or by virtue of any of the provisions of this Act
or of any other written law, if unpaid for a period of three months
after becoming due, shall be increased by a sum equal to ten per
cent of the rate, charge or sum so unpaid.
(2) This section shall not apply to sums due to a
Corporation in respect of which interest after the date on which
they become due is payable to the Corporation under this or any
other written law for the time being in force, nor to any rate or
charge to which any other period of time is herein prescribed for
the imposition of the said increase.
259. Where the Council is satisfied that, by reason of special
circumstances, it would be inequitable to require payment of any
statutory increase, it may remit such increase and refund the same
if it has been paid.
260. (1) Where, by this Act, any payment, act or proceeding
is required, directed or allowed to be made, done or taken on a
certain day, then if that day happens upon a Sunday, Good Friday,
Misnomer or
misdescription.
Statutory
increase.
Remission of
statutory
increase.
Computation of
time.
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Christmas Day or any other day declared by any written law or
by any proclamation by the President issued under any written
law to be a close holiday in all public offices, the payment, act or
proceeding shall be considered as made, done or taken in due
time if it is made, done or taken on the next day following, not
being one of the days in this section specified.
(2) Where, by this Act, any payment, act or proceedings
is required, directed or allowed to be made, done or taken within
any time not exceeding seven days, the days in this section
specified shall not be reckoned in the computation of such time.
261. (1) All licences which the Council may be authorised to
grant under this Act or any other written law for the time being in
force may, unless otherwise expressly provided, be granted by
and under the hand of the Chief Executive Officer or any other
officer of the Corporation duly authorised in that behalf.
(2) If any person to whom a licence has been granted by
the Council under this Act or under any other written law satisfies
the Chief Executive Officer that such licence has been lost or
defaced, the Chief Executive Officer may, on payment of a fee of
five dollars, order the issue to him of a duplicate licence, and the
duplicate so issued shall have the same effect as the original licence.
(3) This section shall not apply to any other written law
wherein it is expressly otherwise provided.
262. (1) Where the Council is authorised under this Act to
grant a licence for any purpose, it may refuse to grant any such
licence whenever it considers such refusal to be necessary or
desirable in the interest of the public, and it may suspend for such
time as it thinks fit or revoke, any licence granted by it upon breach
by the licensee of any of the terms and conditions subject to which
the licence was granted or for any other reason which in its opinion
renders such suspension or revocation necessary or desirable in the
interests of the public; but the Chief Executive Officer may at any
time, if it appears advisable to him suspend any licence pending the
decision of the Council.
Authentication
of licence.
Duplicate
licence.
Power to
withhold,
suspend, or
revoke licence.
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(2) Any person who considers himself aggrieved by the
withholding, suspension or revocation of any licence granted
under this Act may appeal to a Magistrate after the expiration of
seven days from such withholding, suspension or revocation; but
the person so aggrieved shall give four clear days written notice
of such appeal and the grounds thereof to the Corporation, and
the Magistrate shall have power to make such Order as seems just
and proper and to award costs to the successful party.
263. Where, under this Act or any Bye-laws, Rules or
Regulations made hereunder, any work of any kind is required to
be executed or carried out by the owner of any premises within a
Municipality and default is made in the execution of such works
within the prescribed time, the Council may in its discretion
cause such work to be executed or carried out; and the expense
incurred by the Council in respect thereof, with ten per cent
added thereto, shall be a debt due to the Corporation by the owner
for the time being of such premises and, until paid to the
Corporation, shall be a charge on the premises in or in respect of
which such work was executed.
264. Where any rate, charge or sum of money payable to a
Corporation under this Act or any other written law is declared to
be a charge on any premises, such charge shall be prior and
preferential to all existing or future charges or encumbrances
thereon, save and except charges for debts due to the State and
charges thereon in respect of other rates and charges or sums of
money due to the Corporation.
265. Where, under any provision of this Act, the Council
constructs, carries out or does any works which are for the
common benefit of two or more premises belonging to different
owners, the expenses which are recoverable from the owners
shall be paid by the owners of such premises in such proportions
as shall be determined by the Engineer or other officer of the
Corporation duly authorised in that behalf and, until payment,
the sum apportioned to each of such premises shall be a charge
on the premises.
Execution of
works on default
of owner.
Charges on
premises to be
preferential to
other
encumbrances.
Apportionment
of expenses of
works between
different
owners.
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266. All applications, notices, plans and other documents
delivered at the office of a Chief Executive Officer or of an
Engineer in pursuance of this Act or of any other written law or
of any Bye-laws, Rules or Regulations made thereunder, shall, on
delivery, become the property of the Corporation.
267. All powers given by this Act shall be deemed to be in
addition to and not in derogation of any other powers conferred
on a Corporation by any other written law or custom.
268. The Council may, by resolution, alter or amend any of the
forms or tables of articles or fees set out in any of the Schedules
to this Act; but no such resolution shall come into force until it has
been approved by the President, and published in the Gazette.
269. (1) The Minister may give general or specific directions
to any Council in relation to Government policy touching or
concerning any matter; and it shall be the duty of the Council to
govern its actions in accordance with any such directions.
(2) Where a Council wilfully neglects or, refuses to carry
out its responsibilities in relation to a particular matter, the President
may by Order transfer responsibility for that matter to the Minister.
270. The Minister may investigate any matter concerning the
affairs of any Corporation and it shall be the duty of all holders
of corporate office and officers and employees of the Corporation
to provide their willing assistance in any such investigation.
271. (1) Subject to subsections (2) and (3), on receipt of an
address from the House of Representatives on a petition signed
by not less than one-half in number of the electors in the lists of
electors for the electoral area of a Corporation, the President may,
by an Order published in the Gazette, dissolve the Council.
(2) An Order for the dissolution of a Council shall not
be valid, unless in and by such Order a time is fixed for the
election of a new Council under the provisions of this Act in lieu
of the Council so dissolved, not more than two years from the
date of such Order.
Plans, etc.,
deposited to
become property
of Corporation.
Powers
conferred by
written law to
be cumulative.
Schedules—
power to alter or
amend.
Government
policy
directions.
Power to
investigate.
Power of
President to
dissolve a
Council and
appoint
Commissioner.
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(3) The President may at any time vary such Order to
the extent of diminishing the time fixed for the election of a new
Council and substituting an earlier date for such election; but
notice of such change of date shall be given by publication in the
Gazette at least one calendar month in advance.
(4) When a Council is dissolved, the following
consequences shall ensue:
(a) the Mayor, Deputy Mayor, Aldermen and
Councillors shall, as from the date specified in
the Order, vacate their offices as such;
(b) all powers, duties and liabilities of the Council
shall as from such specified date and until a new
Council is constituted under this Act, be exercised,
performed and discharged by such persons not less
than three in number as the President may from
time to time appoint in that behalf to be designated
Commissioners for the Corporation; one of the
Commissioners shall be appointed by the
President as Chief Commissioner on whom shall
devolve all the powers and duties assigned to the
Mayor under this Act;
(c) all property, real and personal, dues, chattels and
valuable securities belonging to or vested in the
Corporation, or in its occupation, control or
management shall, during the period aforesaid,
vest in the Commissioners aforesaid, or be in
their occupation, control and management;
(d) all moneys, funds, rates, tolls, dues, charges, rents,
fines, profits and advantages, claims and demands
to which the Corporation is entitled shall also be
transferred to and vest in the Commissioners;
(e) all debts and claims then due or thereafter to
become due from and payable by the
Corporation shall be discharged and paid by the
Commissioners in the same manner at the same
time and subject to the same conditions, as the
same respectively would have been due and
payable if the Council had continued to exist.
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(5) The Commissioners may in respect of their duties as
such receive from the revenues of the Corporation such
remuneration as the President may from time to time prescribe.
(6) A Commissioner shall be recoverable from office for
any cause deemed sufficient by the President.
272. Upon the commencement of operations by the Municipal
Corporations referred to in section 4 (in this section, otherwise
referred to as “successor Municipal Corporations”)—
(a) any collective agreement that immediately prior
thereto affected workers who were employees of
a County Council shall continue to have effect
in relation to such workers and shall bind a
successor Municipal Corporation by which such
workers are employed;
(b) a trade union which immediately prior thereto
represented workers employed by a County
Council shall continue to represent such
workers in their industrial relations with any
successor Municipal Corporation by which such
workers are employed.
273. (1) Notwithstanding the provisions of any written law
relating to the term of office of members of the Councils
constituting the local authorities, the term of office of members
of local authorities holding office on the 13th September, 1990,
is hereby extended for a period of one year or to such date as the
President may specify by Order published in the Gazette
whichever first occurs.
(1A) With effect from 29th December, 1995—
(a) subject to paragraph (b), the Councillors and
Aldermen of each Corporation whose terms of
office expired on the 27th day of September,
1995 shall comprise an Advisory Committee of
that Corporation on the same terms and
conditions of service that they enjoyed as
Councillors and Aldermen, except that each
Continuation of
collective
agreements and
union
representation.
Extension of
term of office of
serving
members.
[36 of 1995
13 of 2003
14 of 2006
18 of 2007
11 of 2008
5 of 2009].
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Advisory Committee shall cease to exist upon
the election of Councillors and the appointment
of Aldermen in consequence of elections held
under section 11(4B);
(b) the person who held the office of Deputy
Chairman of the Sangre Grande Regional
Corporation on the 26th day of September, 1995
shall assume the office of the Chairman of the
Sangre Grande Regional Corporation.
(1B) Subject to subsection (1C) the Councillors and
Aldermen of each Corporation whose term of office expired on
the 12th day of July, 2002 are deemed to have become an
Advisory Committee of that Corporation from the 13th day of
July, 2002 on the same terms and conditions of service that they
enjoyed as Councillors and Aldermen, except that each Advisory
Committee shall cease to exist upon the election of Councillors
and the appointment of Aldermen in consequence of elections
held under section 11(4C).
(1C) The person who held the office of Deputy
Chairman of the San Juan/Laventille Regional Corporation on
the 12th day of July, 2002 is deemed to have assumed the office
of the Chairman of the San Juan/Laventille Regional Corporation
from the 4th day of October, 2002.
(1D) Notwithstanding section 11(4) and (4A) and
sections 12(5) and 15(1), only for the purposes of the elections
due in the year 2006—
(a) the term of office of each Councillor shall
continue for twelve months from the date of the
expiry of the existing term of office, as though
each Councillor had been elected for an
additional period of one year; and
(b) subject to sections 15(2) and 12(6) the term of
office of each Mayor, Deputy Mayor and
Alderman shall expire at the end of the existing
term and—
(i) the Councillors shall elect Aldermen for a
term of twelve months, in accordance
with section 13; and
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(ii) the Councillors and Aldermen shall elect
a Mayor or Deputy Mayor of the Council
for a term of twelve months, in
accordance with section 14.
(1E) All powers exercisable by Councillors, Mayors and
Aldermen under the Act, shall be exercisable by them during the
period referred to in subsection (1D).
(1F) Notwithstanding subsection (1D), for the purposes
only of the elections due in the year 2007, the term of office of
the Mayor, Aldermen and Councillors holding office in a
Corporation on the 13th July, 2007, is hereby extended for a
period of one year from the date of expiration of such term.
(1G) All powers exercisable by Mayors, Aldermen and
Councillors under the Act shall be exercisable by them during the
period referred to in subsection (1F).
(1H) For the purposes only of the elections due in the
year 2008, the term of office of the Mayors, Aldermen and
Councillors, holding office in a Corporation which was extended
for one year pursuant to subsection (1F), is hereby extended for a
further period of one year from the date of expiration of such term.
(1I) All powers exercisable by Mayors, Aldermen and
Councillors under this Act shall be exercisable by them during
the period referred to in subsection (1H).
(1J) Notwithstanding section 11(4) and (4A) and
sections 12(5) and 15(1), only for the purposes of the elections
due in the year 2009—
(a) the term of office of each Councillor shall
continue for twelve months from the date of the
expiry of the existing term of office, as though
each Councillor has been elected for an
additional period of one year; and
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(b) subject to sections 12(6) and 15(2), the term of
office of each Mayor, Deputy Mayor and
Alderman shall expire at the end of the existing
term and—
(i) the Councillors shall elect Aldermen for a
term of twelve months, in accordance
with section 13; and
(ii) the Councillors and Aldermen shall elect
a Mayor or Deputy Mayor of the
Corporation for a term of twelve months
in accordance with section 14.
(1K) All powers exercisable by Councillors, Mayors
and Aldermen under the Act, shall be exercisable by them during
the period referred to in subsection (1J).
(2) In this section, “local authority” means the Council
of a Municipal Corporation referred to in section 3 or a County
Council within the meaning of the County Councils Act
(repealed by this Act).
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FIRST SCHEDULE
LIST OF CORPORATIONS
CONTINUED UNDER THIS ACT
Section 3.
BOUNDARIES OF THE CITY OF PORT-OF-SPAIN
The City of Port-of-Spain comprises the area which is bounded as follows:
NORTH —From the point on the north-western boundary of the City of
Port-of-Spain as indicated by a monument on the north-
western corner of lands of the Church of England proceeding
eastwards on a bearing of 299°.09' for a distance of 173.2
feet to a monument; thence on the same bearing for a
distance 2,679.6 feet to another monument; thence on a
bearing of 290°.06' crossing Fort George Road to a point
about 1,330 feet from the junction of the said Fort George
Road with the Western Main Road; thence in a generally
north-easterly direction along the southern boundary of Fort
George Road to the boundary line between lands now or
formerly of Charles Ross and the Public Cemetery; thence
north-eastwards along the said boundary line passing
between lands now or formerly of Charles Ross and the
Public Cemetery to the South bank of Murray Ravine; thence
in a generally south-easterly direction along the South bank
of the Murray Ravine to Bournes Road Ravine; thence in a
generally north-easterly direction along the South bank of the
Bournes Road Ravine into and along the West bank of the
Belle Vue Ravine to the point where it is crossed by Belle
Vue Road; thence south-eastwards along Belle Vue Road to
Long Circular Road; thence eastwards along Long Circular
Road to Saddle Road; thence in a generally easterly and then
south-easterly direction along Saddle Road to Circular Road;
thence south-eastwards along Circular Road to the point at its
intersection with Lady Young Road; thence north-eastwards
and then eastwards along the Lady Young Road to the point
at the north-eastern boundary of the City of Port-of-Spain.
EAST —From the last mentioned point proceeding southwards along
the eastern boundary of the City of Port-of-Spain to the point
I. Name of Corporation:
The Mayor, Aldermen,
Councillors and Citizens of
the City of Port-of-Spain
Law under which Established
The Port-of-Spain
Corporation Ordinance
[Ch. 39. No. 1 (1950 Ed.)]
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where Blenman Lane meets Belle Eau Road; thence south-
eastwards along Belle Eau Road to the point where it
crosses Santa Barbara Ravine (the eastern boundary of the
City of Port-of-Spain); thence in a generally south-easterly
and then southerly direction along the eastern boundary of
the City of Port-of-Spain to a point on Laventille Road;
thence in a generally south-westerly direction along
Laventille Road to a point where an imaginary straight line
drawn due North from the south-eastern boundary of the
Powder Magazine meets it; thence proceeding southwards
along the said imaginary straight line to the south-eastern
boundary of the Powder Magazine (the eastern boundary of
the City of Port-of-Spain); thence continuing southwards
along the eastern boundary of the City of Port-of-Spain to a
point on the sea coast.
SOUTH —From the last mentioned point proceeding in a generally
westerly direction along the said sea coast to the point at the
south-western corner of lands of the Church of England at
Ocean Avenue (the south-western boundary of the City of
Port-of-Spain).
WEST —From the last mentioned point proceeding north-eastwards
along the western boundary of the lands of the Church of
England (western boundary of the City of Port-of-Spain) to
the point at the north-western corner of the lands of the
Church of England on the north-western boundary of the
City of Port-of-Spain as indicated by a monument at the
point of commencement.
BOUNDARIES OF THE CITY OF SAN FERNANDO
The City of San Fernando comprises the area which is bounded as follows:
NORTH —Commencing at a point on the sea coast at the mouth of the
Guaracara River proceeding in a generally easterly direction
along the South bank of the Guaracara River to the point
where it is crossed by Solomon Hochoy Highway.
II. Name of Corporation:
The Mayor, Aldermen,
Councillors and Citizens of
the City of San Fernando
Law under which Established
The San Fernando Corporation
Ordinance [Ch. 39. No. 7
(1950 Ed.)]
FIRST SCHEDULE—Continued
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EAST —From the last mentioned point proceeding southwards along
Solomon Hochoy Highway to Tarouba Extension Road,
thence eastwards along Tarouba Extension Road to Allamby
Street Extension; thence in a generally south-westerly
direction along Allamby Street Extension to Allamby Street;
thence in a generally southerly direction along Allamby
Street to Naparima-Mayaro Road; thence westwards along
Naparima-Mayaro Road to Corinth Road; thence in a
generally southerly direction along Corinth Road to its
intersection with Cipero Road; thence proceeding
southwards along an imaginary straight line to the point on
the North bank of the Cipero River.
SOUTH —From the last mentioned point proceeding in a generally
westerly direction along the North bank of the Cipero River
to the point where it is crossed by the San Fernando Bye-
Pass; thence southwards along the San Fernando Bye-Pass
to the South Trunk Road; thence in a generally south-
westerly direction along the South Trunk Road to the point
where it crosses Oropouche River; thence northwards along
Oropouche River to the point at its mouth on the sea coast.
WEST —From the last mentioned point proceeding in a generally
northerly direction along the said sea coast to the point at the
mouth of the Guaracara River at the point of commencement.
III. Name of Corporation:
The Mayor, Aldermen,
Councillors and Citizens of
the Borough of Arima
Law under which Established
The Arima Corporation Ordinance
[Ch. 39. No. 11 (1950 Ed.)]
BOUNDARIES OF THE BOROUGH OF ARIMA
The Borough of Arima comprises the area which is bounded as follows:
NORTH —By a line commencing at a point at the 11/4 mile on the
northern side of the Blanchisseuse Road proceeding in a south-
easterly direction along the northern side of the said road to its
point of intersection with Arima Bye-Pass Road; thence
continuing in a generally south-easterly direction along the
eastern side of the Arima Bye-Pass Road to the point of
intersection with Cocorital Road (also called Maturita Trace).
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EAST —By the eastern side of the Cocorital Road (also called Maturita
Trace) from the Arima Bye-Pass Road proceeding southwards
along the eastern side of the Cocorital Road to the southern
side of the Eastern Main Road; thence south-westerly along
the southern side of the Eastern Main Road to the point where
it meets the eastern bank of the Arima River; thence in a
generally south-easterly direction along the Eastern Bank of
the said river to the Churchill-Roosevelt Highway.
SOUTH —By the southern side of the Churchill-Roosevelt Highway
from the Arima River proceeding westwards to the
Mausica River.
WEST —By the left bank of the Mausica River from the Churchill-
Roosevelt Highway (obliquely opposite the Arima Race
Club) proceeding in a generally northerly direction along the
said river to the northern boundary of the Eastern Main Road;
thence in a generally south-westerly direction along the said
road to a point near a monument which lies on the western
boundary of a parcel of land owned now or formerly by J. L.
Pinder; thence in a direction of 02°.37' to the aforementioned
monument; thence in the same direction for 525.4 Links to
another monument thence in a direction of 02°.37' and for
926.3 Links to a monument; thence for a distance for some 20
Links to a point at the intersection of the southern boundary
of the Old Arima Road and the eastern boundary of a parcel
now or formerly the property of Adrian Vincent; thence in an
easterly direction along the southern boundary of the Old
Arima Road to a point at the intersection of the latter with the
left bank of the Mauxiquita Ravine; thence in a generally
northerly direction along the left bank of the said ravine to a
point where it meets the southern boundary of a parcel of land
now or formerly owned by Werner Bruno Carl Hillebrand
referred to in Vol. 1385—Folio 125 of the Real Property
Register Book as Alleuluiah Estate comprising (38a. 3r. 1p.);
thence eastwards along the southern boundary of the said
parcel of land to the western side of Calvary Branch Trace
formerly known as Marine Branch Trace; thence proceeding
in a generally north-westerly direction along the western side
of the said Marine Branch Trace to a point where it is met by
the extension of a line with bearing 349°.38' and forming part
FIRST SCHEDULE—Continued
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of the western boundary of a parcel of land leased now or
formerly to S. P. Balmansingh and containing (5a. 3r. 03p.);
thence along that said line to the north-western corner of the
said parcel; thence proceeding north-easterly along an
imaginary straight line to the point at the 11/4 Mile Mark on
the Blanchisseuse Road that is at the point of commencement.
IV. Name of Corporation:
The Mayor, Aldermen,
Councillors and Citizens of
the Borough of Point Fortin
Law under which Established
The Point Fortin Corporation Act,
No. 12 of 1980
BOUNDARIES OF THE BOROUGH OF POINT FORTIN
The Borough of Point Fortin comprises the area which is bounded as follows:
NORTH —From the point on the sea coast at the northern end of Erin
Road at the eastern boundary of Cedros Ward proceeding in
a generally north-easterly direction along the said sea coast
to the point on the West bank of Vance River.
EAST —From the last mentioned point proceeding in a generally
south-easterly direction along the West bank of the said river
to the point where it is crossed by the Southern Main Road.
SOUTH —From the last mentioned point proceeding in a generally
south-westerly direction along the Southern Main Road to
the point where it crosses the eastern boundary of Cedros
Ward at Erin Road.
WEST —From the last mentioned point proceeding in a generally
northerly direction along Erin Road (the eastern boundary of
Cedros Ward) to the sea coast at the point of commencement.
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Section 4.
[8 of 1992]. SECOND SCHEDULE
LIST OF MUNICIPAL CORPORATIONS
ESTABLISHED UNDER THIS ACT
FIRST PART
I. Name of Corporation:
The Mayor, Aldermen, Councillors
and Citizens of the Borough
of Chaguanas
BOUNDARIES OF THE BOROUGH OF CHAGUANAS
The Borough of Chaguanas comprises the area which is bounded as follows:
NORTH —From the point at the mouth of the Madame Espagnol River
on the sea coast proceeding first in a generally easterly then
north-easterly direction along the West bank of the Madame
Espagnol River to Bejucal Canal; thence northwards along
Bejucal Canal to the point where it crosses the northern
boundary of the Ward of Chaguanas; thence eastwards
along the said Ward Boundary to and along Munroe Road to
Cunupia Railway Station Road; thence continuing
eastwards along Cunupia Railway Station Road to the point
where it meets the Southern Main Road.
EAST —From the last mentioned point proceeding in a generally
southerly direction along the Southern Main Road to the point
where it meets the West bank of the Cunupia River; thence in
a generally south-easterly direction along the West bank of the
Cunupia River to its confluence with the Claire Le Riche
River also known as the Ghandia River; thence in a generally
south-westerly direction along the West bank of the Claire
Le Riche River also known as the Ghandia River to the point
where it is crossed by the Ragoonannan Road; thence
westwards along Ragoonannan Road to Longdenville Local
Road; thence southwards along Longdenville Local Road to
Poker Road; thence eastwards along Poker Road to Paul
Augustus Road; thence southwards along Paul Augustus Road
to Depot Road; thence in a generally westerly direction along
Depot Road to the north-western corner of lands of Rampall
(15a. 0r. 0p.); thence southwards along the western boundary
of lands of Rampall (15a. 0r. 0p.); thence southwards along
the western boundary of lands of Rampall (15a. 0r. 0p.); to its
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south-western corner at the Trinidad Government Railway
Reserve formerly known as the Rio Claro Line; thence
north-westwards along the said railway reserve to Railway
Road; thence southwards along Railway Road to Caparo
Valley-Brasso Road; thence in a generally southerly
direction along Caparo Valley-Brasso Road to the point
where it crosses the North bank of the Caparo River.
SOUTH —From the last mentioned point proceeding westwards along
the North bank of the Caparo River to the North bank of the
Honda River; thence first westward and thence north-
westward along the North bank of the Honda River to the
North bank of the Caparo River; thence in a generally
westerly direction along the North bank of the Caparo River
to the point at its mouth on the sea coast.
WEST —From the last mentioned point proceeding in a generally
northerly direction along the said sea coast to the point at the
mouth of the Madame Espagnol River at the point of
commencement.
SECOND PART
I. Name of Corporation:
The Chairman, Aldermen, Councillors and
Electors of the Region of Diego Martin
BOUNDARIES OF THE REGION OF DIEGO MARTIN
The Region of Diego Martin comprises the area which is bounded as follows:
NORTH —From the Point Rouge on the sea coast proceeding in a
generally north-easterly direction along the said sea coast to
the point where it meets the eastern boundary of the Ward of
Diego Martin.
EAST —From the last mentioned point proceeding in a southwards
and then south-westwards direction along the eastern
boundary of the Ward of Diego Martin to the point at its
south-eastern boundary at the northern boundary of the City
of Port-of-Spain where Saddle Road meets Cotton Hill.
SOUTH —From the last mentioned point proceeding in a
generally north-westerly and then westerly direction alongAND
EAST
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Saddle Road to Long Circular Road; thence westwards along
Long Circular Road to Belle Vue Road; thence north-westwards
along Belle Vue Road to the point where it crosses the West
bank of Belle Vue Ravine; thence in a generally south-westerly
direction along the West bank of the Belle Vue Ravine into and
along the South bank of the Bournes Road Ravine to Murray
Ravine thence in a generally north-westerly direction along the
South bank of the Murray Ravine to a point on the boundary
between lands now or formerly of Charles Ross and the Public
Cemetery; thence south-westwards along the said boundary line
passing between the lands now or formerly of Charles Ross and
the Public Cemetery to a point on the southern boundary of Fort
George Road; thence in a generally south-westerly direction
along the southern boundary of Fort George to a point about
1,330 feet from the junction of the said Fort George Road with
the Western Main Road; thence on a bearing of 290°.06'
crossing Fort George Road to a monument; thence on the same
bearing for a distance of 2,679.6 feet to a monument; thence on
a bearing of 299°.09' for a distance of 173.2 feet to a monument
at the north-western corner of lands of the Church of England;
thence proceeding south-westwards along an imaginary straight
line passing along the western boundary of the lands of the
Church of England to the point at its south-western boundary at
Ocean Avenue on the sea coast; thence proceeding first in a
generally westerly and then northerly direction along the said
sea coast to Point Rouge at the point of commencement. This
Regional District includes the islands of Chacachacare, Huevos,
Monos, Gaspar Grande, Gasparillo, Carrera, Cronstadt, the Five
Islands and all other small islands as lie in close proximity to the
said regional district.
II. Name of Corporation:
The Chairman, Aldermen, Councillors and
Electors of the Region of San Juan/Laventille
BOUNDARIES OF THE REGION OF SAN JUAN/LAVENTILLE
The Region of San Juan/Laventille comprises of:
NORTH —From the point of the sea coast at the north-western
boundary of the Ward of St. Ann’s proceeding in a generally
easterly direction along the sea coast to the point at the
mouth of the Yarra River.
SECOND SCHEDULE—Continued
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EAST —From the last mentioned point proceeding in a generally
southerly direction along the Yarra River to the point at its
source at a ridge of hills forming part of the Northern Range
(southern boundary of Blanchisseuse Ward) thence north-
westwards along the said ridge of hills forming part of the
Northern Range (southern boundary of Blanchisseuse Ward)
to the point where it crosses the eastern boundary of the
Ward of St. Ann’s; thence in a generally southerly direction
along the eastern boundary of the Ward of St. Ann’s to the
point at its junction with Hutton Road and the Eastern Main
Road; thence westwards along the Eastern Main Road to the
point at the junction with the Uriah Butler Highway; thence
in a generally southerly direction along the Uriah Butler
Highway to the point where it crosses the northern boundary
of the Ward of Chaguanas (Munroe Road).
SOUTH —From the last mentioned point proceeding westwards along
the northern boundary of the said Ward (Munroe Road) to the
point where it is crossed by Bejucal Canal; thence southwards
along Bejucal Canal to its confluence with Madam Espagnol
River, thence in a generally south-westerly and then in a
westerly direction along the west bank of the Madam
Espagnol River to the point at its mouth on the sea coast.
WEST —From the last mentioned point proceeding in a generally north-
westerly direction along the said sea coast to the point at the
mouth of the Caroni River; thence in a generally northerly and
then westerly direction along the sea coast to the point where
an imaginary straight line drawn southwards from the south-
eastern boundary of the Powder Magazine meets it; thence
proceeding northwards along the said imaginary straight line
to the south-eastern boundary of the Powder Magazine, (the
eastern boundary of the City of Port-of-Spain); thence
continuing northwards along the said imaginary straight line to
the point on Laventille Road; then north-eastwards along
Laventille Road and continuing northwards along the eastern
boundary of the City of Port-of-Spain to Santa Barbara
Ravine; thence in a generally north-westerly direction along
Santa Barbara Ravine; to the Point where it is crossed by Belle
Eau Road; thence north-westwards along Belle Eau Road to
the point where it meets Blenman Lane; thence proceeding
northwards along the eastern boundary of the City of Port-of-
Spain to the point at its north-eastern boundary on Lady Young
Road; thence westwards and then south-westwards along the
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Lady Young Road to its intersection with Circular Road; north-
westwards along Circular Road to its junction with Cotton Hill
at the western boundary of the Ward of St. Ann’s; thence north-
eastwards along the western boundary of the Ward of St. Ann’s
to the point where it meets a ridge of hills separating the St.
Ann’s and the Santa Cruz Valleys; thence northwards along the
said Ward boundary to the point at its north-western boundary
on the sea coast at the point of commencement.
III. Name of Corporation:
The Chairman, Aldermen, Councillors and
Electors of the Region of Tunapuna/Piarco
BOUNDARIES OF THE REGION OF TUNAPUNA/PIARCO
The Region of Tunapuna/Piarco comprises of:
NORTH —From the point of the sea coast at the mouth of the Yarra
River proceeding in a generally easterly direction along the
sea coast to the point on the north-eastern boundary of the
County of St. George (as described in section 2 of the
Division of Trinidad Act, Ch. 26:01).
EAST —From the last mentioned point proceeding in a generally
southerly direction along the eastern boundary of the
County of St. George (as described in section 2 of the
Division of Trinidad Act, Ch. 26:01) to wit: “by a line
commencing from the sea at the point North of the north-
eastern corner of land originally granted to Bascillia Coa
and running South along the eastern boundary of the said
lands and the eastern boundaries of lands originally granted
to Luciana Casadillo, Edward John and Bascillia Romero
and thence southwards until it reaches the crest of the ridge
of hills forming the eastern watershed of the Madamas
River; thence along the eastern and southern watershed of
the Madamas River to Aripo Trigonometrical Station
No. 86; thence along the western watershed of the Cuare
River to that spur on which Palmar Trigonometrical Station
No. 87 is situate and along the above-mentioned spur to the
west bank of the Aripo River; thence in a generally
southerly direction along the west bank of the Aripo River
to the point at its confluence with the Caroni River.
SECOND SCHEDULE—Continued
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SOUTH —From the last mentioned point proceeding in a generally
south-westerly direction along the north bank of the Caroni
River to El Carmen Branch Road; thence in a generally
south-westerly direction along El Carmen Road to Caroni
Road also known as Caroni South Bank Road; thence in a
generally southerly direction along the latter road to the
point where it crosses the north bank of the Guayamare
River; thence in a generally westerly direction along the
north bank of the Guayamare River to the point where it
crosses the eastern boundary of Mon Plaisir Estate at the
Mon Plaisir Branch Trace; thence southwards along the said
trace passing along the eastern boundary of the Mon Plaisir
Estate to Mon Plaisir Road to the point where it meets the
Southern Main Road; thence southwards along the Southern
Main Road to the point where it meets the Cunupia Railway
Station Road; thence proceeding westwards along the
Cunupia Railway Station Road to Munroe Road to the point
where it meets Uriah Butler Highway.
WEST —From the last mentioned point proceeding in a generally
northerly direction along the Uriah Butler Highway to the
point at its junction with the Eastern Main Road; thence
eastwards along the Eastern Main Road to the point at its
junction with Hutton Road at its western boundary of the
Ward of Tacarigua; thence in a generally northerly direction
along the western boundary of the Ward of Tacarigua to its
northern boundary; thence eastwards along the northern
boundary of the Tacarigua Ward (Main Ridge of hills
forming part of the Northern Range) to the point at the south-
western boundary of lands to Carlos Prieto (10a. 2r. 11p.);
thence proceeding eastwards along the said Ward boundary
to the point at the source of the Caura River; thence south-
eastwards along the said ridge of hills forming part of the
Northern Range (southern boundary of the Blanchisseuse
Ward) to the source of the Yarra River; thence in a generally
northerly direction along the Yarra River to the point at its
mouth on the sea coast at the point of commencement.
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IV. Name of Corporation:
The Chairman, Aldermen, Councillors and
Electors of the Region of Sangre Grande
BOUNDARIES OF THE REGION OF SANGRE GRANDE
The Region of Sangre Grande comprises the area which is bounded as follows:
NORTH —From the point on the sea coast at a point North of the north-
eastern corner of lands originally granted to Bascilla Coa on the
north-eastern boundary of the County of St. George (as described
in section 2 of the Division of Trinidad Act, Ch. 26:01)
proceeding in a generally easterly direction along the said sea
coast to Galera Point.
EAST —From the last mentioned point proceeding in a generally
southerly direction along the sea coast to the point at the
North bank of the Dubloon River at its mouth.
SOUTH —From the last mentioned point proceeding westwards along
an imaginary straight line across Nariva Swamp to the point
where Plum Mitan Road crosses the North bank of the Poole
River; thence continuing in a generally westerly direction
along the North bank of the Poole River to the point where
it crosses the eastern boundary of the Central Range
Reserve; thence proceeding westwards along an imaginary
straight line passing across the Central Range Reserve
(39,706a. 2r. 34p.) to the point where the Guaico-Tamana
Road meets Edwards Trace; thence southwards along
Guaico-Tamana Road to the northern boundary of the
Central Range Forest Reserve (40,151a. 1r. 11p.) thence
westwards along the northern boundary of the said Reserve
to the point where it is crossed by the Cumuto Main Road.
WEST —From the last mentioned point proceeding in a generally
northerly direction along Cumuto Main Road to its junction
with Tamana Road at the eastern boundary of the County of
St. George (as described in section 2 of the Division of
Trinidad Act, Ch. 26:01); thence proceeding in a generally
northerly direction along the eastern boundary of the County
of St. George to its north-eastern boundary (as described in
section 2 of the Division of Trinidad Act, Ch. 26:01) on the
sea coast at a point North of the north-eastern corner of lands
originally to Bascilla Coa at the point of commencement.
SECOND SCHEDULE—Continued
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V. Name of Corporation:
The Chairman, Aldermen, Councillors and
Electors of the Region of Mayaro/Rio Claro
BOUNDARIES OF THE REGION OF MAYARO/RIO CLARO
The Region of Mayaro/Rio Claro comprises of:
NORTH —From the point where the Guaico-Tamana Road meets
Edwards Trace proceeding eastwards along an imaginary
straight line passing across the Central Range Reserve
(39,706a. 2r. 34p.) to the point where the north bank of the
Poole River crosses the eastern boundary of the Central
Range Reserve; thence in a generally easterly direction
along the north bank of the Poole River to the point where it
crosses Plum Mitan Road; thence proceeding eastwards
along an imaginary straight line passing across the Nariva
Swamp to the point on the sea coast at the north bank of the
Dubloon River at its mouth.
EAST —From the last mentioned point proceeding in a generally
southerly direction along the sea coast to Galeota Point.
SOUTH —From the last mentioned point proceeding in a generally
westerly direction along the sea coast to a point on the
south-western boundary of the Trinity Ward at Canari Point.
WEST —From the last mentioned point proceeding northwards along
the western boundary of the said Ward to the point at its north-
western boundary at the north bank of the Poole River; thence
in a generally westerly direction along the north bank of the
Poole River to the point where it meets the north-western
corner of lands of Augustin Valdez (4a. 2r. 22p.); thence
proceeding eastwards along the northern boundary of lands of
Augustin Valdez (4a. 2r. 22p.) and a contiguous parcel owned
by the said Augustin Valdez (9a. 3r. 16p.) to its north-eastern
boundary where it abuts San Pedro Trace; thence in a
generally north-easterly direction along the said trace to San
Pedro Road; thence northwards along San Pedro Road to the
point where it crosses the Trinidad Government Railway
Reserve formerly known as the Rio Claro Line, thence
eastwards along the said Railway Reserve to the south-eastern
corner of lands of Richard O’Connor (19a. 3r. 27p.); thence
northwards along the eastern boundary of the said lands to its
north-eastern corner at the Tabaquite-Rio Claro Road; thence
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north-westwards along the said road to Mahangasingh Trace;
thence north-eastwards along the said trace to Mahangasingh
Crown Trace; thence northwards along the said Mahangasingh
Crown Trace to the Killdeer Crown Trace; thence proceeding
northwards along an imaginary straight line to and along the
eastern boundary of the Central Range Reserve to the Guaico-
Tamana Road; thence in a generally easterly and then northerly
direction along Guaico-Tamana Road to the point where it
meets Edwards Trace at the point of commencement.
VI. Name of Corporation:
The Chairman, Aldermen, Councillors and
Electors of the Region of Princes Town
BOUNDARIES OF THE REGION OF PRINCES TOWN
The Region of Princes Town comprises the area which is bounded as follows:
NORTH —From the point where the Solomon Hochoy Highway
crosses the South bank of the Guaracara River proceeding in
a generally north-easterly direction along the South bank of
the said river to the point where it is crossed by Piparo Road;
thence north-eastwards along Piparo Road to Pascual Road;
thence south-eastwards along Pascual Road to St. John’s
Trace; thence in a generally north-easterly direction along
St. John’s Trace into and along St. John’s Road to the South
bank of the Poole River; thence in a generally south-easterly
direction along the South bank of the said river to the point
where it crosses the eastern boundary of the Ward of Ortoire
(also the eastern boundary of the County of Victoria).
EAST —From the last mentioned point proceeding southwards along
the eastern boundary of the County of Victoria to the point
at its south-eastern corner on the sea coast at Canari Bay.
SOUTH —From the last mentioned point proceeding in a generally
westerly direction along the sea coast to the point where the
Grande Riviere River meets the western boundary of the
Moruga Ward at Negra Point.
WEST —From the last mentioned point proceeding due North along
the western boundary of the Ward of Moruga to Rochard
Douglas Road; thence eastwards along Rochard Douglas
Road to Kanhai Road; thence northwards to Kanhai Road to
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St. Croix Road; thence in a generally north-westerly
direction along St. Croix Road to Cipero Road; thence in a
generally north-westerly direction along Cipero Road to the
point along its junction with Corinth Road; thence in a
generally north-easterly direction along Corinth Road to
Naparima-Mayaro Road; thence eastwards along Naparima-
Mayaro Road to Allamby Street; thence in a generally
northerly direction along Allamby Street to Allamby Street
Extension; thence in a generally north-easterly direction
along Allamby Street Extension to the point of the junction
of Tarouba Road and Solomon Hochoy Highway; thence in
a generally northerly direction along the said Highway to
the point where it crosses the South bank of Guaracara River
at the point of commencement.
VII. Name of Corporation:
The Chairman, Aldermen, Councillors and
Electors of the Region of Couva-Tabaquite-Talparo
BOUNDARIES OF THE REGION OF COUVA-TABAQUITE-TALPARO
The Region of Couva-Tabaquite-Talparo comprises of:
NORTH —From the point at the junction of the Southern Main Road
and Mon Plaisir Road to Mon Plaisir Branch Trace; thence
northwards along the said Branch Trace passing along the
eastern boundary of Mon Plaisir Estate (425a. 0r. 13p.) to
the point where it crosses the south bank of the Guayamare
River; thence eastwards along the south bank of the said
river to the point where it is crossed by Caroni Road also
known as the Caroni South Bank Road; thence in a
generally northerly direction along Caroni Road to
El Carmen Branch Road; thence in a generally north-
easterly direction along El Carmen Branch Road to the point
where it crosses the South bank of the Caroni River; thence
in a generally north-easterly direction along the south bank
of the said river to the point at the confluence of the Caroni,
the Aripo and the Cumuto Rivers (the easterly boundary of
the County of St. George as described in section 2 of the
Division of Trinidad Act, Ch. 26:01).
EAST —From the last point mentioned proceeding in a generally
southerly direction along the eastern boundary of the County of
St. George (as described in section 2 of the Division of Trinidad
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LAWS OF TRINIDAD AND TOBAGO
Act, Ch. 26:01), to the point at the junction of Tamana Road
and Cumuto Main Road; thence in a generally southerly
direction along Cumuto Main Road to the point where it
crosses the northern boundary of the Central Range Reserve;
thence eastwards along the northern boundary of the Central
Range Reserve to the point on Guaico-Tamana Road; thence in
a generally southerly and then westerly direction along Guaico-
Tamana Road to the point where it crosses the eastern boundary
of the Central Range Reserve, thence southwards along the
eastern boundary of the said Reserve to and along an imaginary
straight line drawn due North from the junction of
Mahangasingh Crown Trace and the Branch of Killdeer Crown
Trace, thence proceeding southwards along the said imaginary
straight line to the junction of Mahangasingh Crown Trace and
the Branch of Killdeer Crown Trace; thence southwards along
Mahangasingh Crown Trace to Tabaquite-Rio Claro Road;
thence south-eastwards along the said road to the north-eastern
corner of lands of Richard O’Connor (19a. 3r. 27p.); thence
southwards along the eastern boundary of the said lands to its
south-eastern corner of the Trinidad Government Railway
Reserve formerly known as the Rio Claro Line, thence
westwards along the said Railway Reserve to the point where
it is crossed by San Pedro Road; thence southwards along the
said road to San Pedro Trace; thence in a generally south-
westerly direction along the said Trace to the north-eastern
corner of lands of Augustin Valdez (9a. 3r. 16p.); thence
westwards along the northern boundaries of the said lands and
a contiguous parcel owned by the said Augustin Valdez to the
point where it meets the east bank of the Poole River.
SOUTH —From the last mentioned point proceeding in a generally north-
westerly direction along the northern bank of the Poole River to
the point where it is crossed by St. John’s Road; thence south-
westwards along St. John’s Road into and along St. John’s Trace
to Pascual Road; thence north-westwards along Pascual Road to
Piparo Road; thence south-westwards along Piparo Road to the
point where it crosses the north bank of the Guaracara River;
thence in a generally south-westerly direction along the north
bank of the said river to the point where it is crossed by Solomon
Hochoy Highway; thence proceeding in a generally westerly
direction along the north bank of the Guaracara River to the
point of its mouth at the sea coast.
SECOND SCHEDULE—Continued
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LAWS OF TRINIDAD AND TOBAGO
L.R.O.
VIII. Name of Corporation:
The Chairman, Aldermen, Councillors and
Electors of the Region of Penal/Debe
BOUNDARIES OF THE REGION OF PENAL/DEBE
The Region of Penal/Debe comprises the area which is bounded as follows:
NORTH —From the point at the junction of Corinth Road and Cipero
Road, proceeding in a generally south-easterly direction along
Cipero Road to a point at its junction with St. Croix Road.
WEST —From the last mentioned point proceeding in a generally
northerly direction along the said sea coast to the point at the
mouth of the Caparo River; thence proceeding in a generally
easterly direction along the south bank of the Caparo River
to its confluence with the Honda River to and along the
south bank of the Caparo River to the point where it is
crossed by the Caparo Valley-Brasso Road; thence
continuing northwards along the Caparo Valley-Brasso
Road to Railway Road; thence north-westwards along
Railway Road to the point where it crosses a Railway
Reserve formerly known as the Rio Claro Line; thence
south-eastwards along the said Railway Reserve to the
south-western corner of lands of Rampall (15a. 0r. 0p.);
thence northwards along the western boundary of the said
parcel of land to the point where it is crossed by Depot
Road; thence in a generally easterly direction along Depot
Road to Paul Augustus Road; thence in a generally northerly
direction along Paul Augustus Road to Pokor Road; thence
westwards along Pokor Road to Longdenville Local Road;
thence northwards along Longdenville Local Road to
Ragoonannan Road; thence eastwards along Ragoonannan
Road to the point where it crosses the east bank of the Claire
Le Riche River (Ghandia River); thence in a generally
north-easterly direction along the east bank of the Claire
Le Riche River (Ghandia River) to its confluence with the
Cunupia River; thence in a generally north-westerly
direction along the east bank of the Cunupia River to the
point where it is crossed by the Southern Main Road; thence
in a generally northerly direction along the Southern Main
Road to the point at its junction with Mon Plaisir Road at the
point of commencement.
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LAWS OF TRINIDAD AND TOBAGO
EAST —From the last mentioned point proceeding in a generally
southerly direction along St. Croix Road to Kanhai Road;
thence southwards along Kanhai Road to Rochard Douglas
Road; thence westwards along Rochard Douglas Road to the
north-eastern boundary of the Ward of Siparia; thence
southwards along the eastern boundary of the Ward of
Siparia to the point at its south-eastern boundary on the sea
coast at Negra Point.
SOUTH —From the last mentioned point proceeding in a generally
westerly direction along the said sea coast to the point where
Penal-Quinam Road meets it.
WEST —From the last mentioned point proceeding in a generally
northerly direction along Penal-Quinam Road to Coora Road;
thence northwards along Coora Road to the point where it
crosses the East bank of the Coora River; thence in a generally
north-easterly direction along Coora River to its confluence
with Blackwater Channel; thence in a generally north-westerly
direction along Blackwater Channel to the point where an
imaginary straight line drawn south-westwards from the south-
eastern boundary of lands of G. Parbhoo and others (4a. 3r.
32p.) meets it; thence proceeding north-eastwards along the
said imaginary straight line to the south-eastern boundary of
lands of G. Parbhoo and others (4a. 3r. 32p.) where it abuts the
South bank of the Godineau River (the Southern boundary of
Naparima Ward); thence north-westwards along the South
bank of the said river to the point at its mouth on the sea coast;
thence in a generally north-easterly direction along the said sea
coast to the mouth of the Oropouche River; thence southwards
along Oropouche River to the point where it is crossed by the
South Trunk Road; thence in a generally north-easterly
direction along the South Trunk Road to the San Fernando
Bye-Pass; thence northwards along the said Bye-Pass; to the
point where it crosses the north bank of Cipero River; thence
in a generally easterly direction along the north bank of the
Cipero River to the point where it meets the prolongation of
Corinth Road; thence northwards along the said prolongation
of Corinth Road to its junction with Cipero Road and Corinth
Road at the point of commencement.
SECOND SCHEDULE—Continued
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Municipal Corporations Chap. 25:04 161
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
IX. Name of Corporation:
The Chairman, Aldermen, Councillors and
Electors of the Region of Siparia
BOUNDARIES OF THE REGION OF SIPARIA
The Region of Siparia comprises the area which is bounded as follows:
NORTH —From Los Gallos Point on the sea coast proceeding in a
generally north-easterly direction along the said coast to the
Guapo-Cap-de-Ville Road (The Eastern Boundary of
Cedros Ward); thence southwards along Guapo-Cap-de-
Ville Road (Eastern Boundary of Cedros Ward) to the
Southern Main Road, thence in a generally north-easterly
direction along the Southern Main Road to the point where
it crosses the East bank of the Vance River; thence in a
generally north-westerly direction along the East bank of
the Vance River to its mouth on the sea coast; thence in a
generally north-easterly direction along the said sea coast to
the point at the mouth of the Godineau River.
EAST —From the last mentioned point proceeding in a generally
south-easterly direction along the South bank of the
Godineau River (the northern boundary of the Siparia
Ward) to the point where the south-eastern boundary of
lands of G. Parbhoo and others (4a. 3r. 32p.) meets it; thence
proceeding south-westwards along an imaginary straight line
to the point on Blackwater Channel; thence south-eastwards
along Blackwater Channel to its confluence with Coora
River; thence in a generally south-westerly direction along
the west bank of the Coora River to the point where it is
crossed by Coora Road; thence southwards along Coora
Road to Penal-Quinam Road; thence in a generally
southerly direction along Penal-Quinam Road to the point
on the sea coast.
—From the last mentioned point proceeding westwards and
thence north-eastwards along the said sea coast to
Los Gallos Point at the point of commencement.
SOUTH
AND
WEST
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162 Chap. 25:04 Municipal Corporation
LAWS OF TRINIDAD AND TOBAGO
Section 11(2).
Section 12(2).
[13 of 2013].
Section 24(1).
Name of Municipality
1. City of Port-of-Spain
2. City of San Fernando
3. Borough of Arima
4. Borough of Point Fortin
5. Borough of Chaguanas
Number of Electoral
Districts
12
9
7
6
8
Number of
Aldermen
4
4
4
4
4
THIRD SCHEDULE
NUMBER OF COUNCILLORS AND ALDERMEN TO BE
ELECTED TO THE COUNCIL OF EACH CORPORATION
FOURTH SCHEDULE
DECLARATION TO BE MADE BY PERSON
ELECTED TO A CORPORATE OFFICE
I, ....................................................................................................................
having been elected (Mayor/Deputy Mayor/Alderman/Councillor) for the
Municipality of .................................. do hereby declare that I take the said office
upon myself and will duly and faithfully fulfil the duties thereof according to the
best of my judgment and ability and declare that I am qualified as follows:
*(a) I am entitled to be and I am in fact enrolled as a burgess of the
Borough for the year commencing the 1st November, ...........
(b) I am a citizen of the Republic of Trinidad and Tobago.
*Not applicable to Aldermen.
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Municipal Corporations Chap. 25:04 163
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
FIFTH SCHEDULE
WARRANT
TO THE POLICE OFFICER ON DUTY AT THE POLICE STATION
AND TO ALL OTHER POLICE OFFICERS
WHEREAS ................................................................................... was
found by me the undersigned, a Municipal Police Officer for the Municipality
of ........................... under circumstances which rendered him the said
........................................ liable to be arrested by me under the Municipal
Corporations Act, Ch. 25:04 and I arrested him accordingly.
NOW THESE PRESENTS are to authorise and require you the Police
Officer on duty at the police station above-mentioned and to authorise all other
Police Officers to keep and detain the said ......................................................
at the said police station until he is taken before some Justice of the Peace to
be dealt with according to the law or until the expiration of forty-eight hours
from the time when he is received into custody at the said station whichever
first happens, and for doing so this shall be your warrant.
Witness my hand this ......................... day of ............................... , 20.......
....................................................
Signed (rank)
Municipal Police Officer of
Section 54(4).
Section 81(1).SIXTH SCHEDULE
FORM A
ASSESSMENT RETURN
To the Owner:
Premises No. ........................
TAKE NOTICE that you are hereby required pursuant to the provisions of
section 81(1) of the Municipal Corporations Act, Ch. 25:04 to send in to the
Assessor or to the Council of the Municipal Corporation of ................. which
office is situate at ............................................................ within fourteen days
after the service of this notice, a return on this form for the purpose of enabling
the Assessor to fix the assessment of your premises for the year.
...............................................................
Assessor/Authorised Officer
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LAWS OF TRINIDAD AND TOBAGO
RETURN REQUIRED UNDER SECTION 81(1) OF
THE MUNICIPAL CORPORATIONS ACT, CH. 25:04
I HEREBY DECLARE that I am the owner or agent of the premises
mentioned hereunder, and that the several particulars stated in this return are
to the best of my knowledge and belief true and correct.
1. Premises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2. Name of owner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3. For what purpose used . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4. Whether rented or leased or occupied by owner . . . . . . . . . . . . . . . . . . .
(a) If rented,
(i) Number of rooms occupied by Tenants . . . . . . . . . . .
(ii) Name of Tenant or Tenants, with monthly rent
payable by each . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(If space here provided is not sufficient, details must be given on the
back hereof or on a separate sheet)
(iii) Number of rooms untenanted, with rental value of
each . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(iv) Rent paid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(v) Whether tenant pays land rent of site; if so, how
much? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) If leased—name of lessee . . . . . . . . . . . . . . . . . . . . . . . . . . .
Rent reserved under lease . . . . . . . . . . . . . . . . . . . . per year.
Whether lessee pays the rates . . . . . . . . . . . . . . . . . . . . . . . . .
Whether lessee pays premiums of insurance and if so how
much they amount to? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Whether lessee pays land rent of site and if so how
much? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) If occupied by owner or relatives—rental value thereof:
$ ...................................
If occupied by owner or relatives—part thereof:
$...................................
5. Additions or alterations to buildings (if any) since date of last return
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Signature of Owner or his Agent
...........................................................
SIXTH SCHEDULE—Continued
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Municipal Corporations Chap. 25:04 165
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Dated this ....................... day of ............................... , 20 ..............
Address of Owner or Agent ...............................................................
N.B.—Every person who fails to send in the above return to the Assessor or to
the Council of the Municipal Corporation of .............................. which
office is situate at ............................................................. within
fourteen days next after service of the form on the premises above
described, or who makes a return which is defective or incomplete or
wilfully false in any particular, is liable to a penalty not exceeding
forty-eight dollars.
Section 86(3).FORM B
NOTICE OF COMPLETION OF HOUSE RATE BOOK
FOR THE YEAR FROM 1ST JANUARY TO THE
31ST DECEMBER, 20..........
NOTICE IS HEREBY given, pursuant to the provisions of the Municipal
Corporations Act, Ch. 25:04 that the House Rate Book for the year from 1st
January to the 31st December, 20......, is now completed and deposited in the
office of the Chief Executive Officer and will be open during the office hours
thereat to the inspection of all ratepayers without payment of any fee
this day until the ............................... day of ....................................... 20......
N.B.—Any owner who has not been served with an Assessment Notice may,
at any time not later than fourteen days next after the first publication
of this Notice, send in to the Chief Executive Officer his objection in
writing to the annual rateable value at which his premises are assessed
in the House Rate Book.
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166 Chap. 25:04 Municipal Corporation
LAWS OF TRINIDAD AND TOBAGO
SEVENTH SCHEDULE
PAVING OF FOOTWAYS—NOTICE OF
APPORTIONMENT OF ONE-HALF COST
To the Owner:
Address:.............................................................................................
in the Municipality of .........................................................................
WHEREAS the Mayor, Councillors, Aldermen and Electors of
........................................................................................................in exercise
of the power vested in them by Part VII of the Municipal Corporations Act,
Ch. 25:04 have caused the footway (or portion of the footway) on the side of
the street known as ............................................... Street, in the Municipality of
.......................................... to be paved;
And whereas the expenses incurred by the Council in such paving amount
to the sum of $ ............................... one-half thereof being the sum of
$......................................;
And whereas the Engineer has made apportionment of the sum of
$........................ among the several premises abutting on such footway;
And whereas such apportionment was approved by the Council at a
meeting of the Council held on the ................................................ day of
....................................... , 20................;
And whereas in such apportionment the sum of $ ..................... is entered
as representing the apportioned share payable in respect of the said premises
No. ............................................. Street.
TAKE NOTICE that the said sum of $ ................................... is due and
payable by you to the ................................... Council by three equal yearly
instalments, the first whereof to be paid one year from the date of the service
of this notice, with interest thereon at the rate of ............................ per cent per
annum.
AND FURTHER TAKE NOTICE that, until payment of the said sum
of $................................... and interest thereon as aforesaid, the said premises
shall stand and remain charged with the said sum of $ ................................. or
so much thereof as shall from time to time remain unpaid, with interest thereon
at the rate above-mentioned.
N.B.—You may pay the whole of the said sum of $................................... (the
apportioned share) within one month from the date of the service of
this notice, and if so paid, the same will be received without interest in
full satisfaction of the above claim.
Section 147(7).
(State here address of premises)
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Municipal Corporations Chap. 25:04 167
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
EIGHTH SCHEDULE
CONTINUATION OF EXISTING LAWS
1. In respect of the City of Port-of-Spain and insofar as such laws were in
force at the commencement of this Act—
The Seventh and Ninth Schedules to the Port-of-Spain Corporation
Ordinance, Ch. 39. No. 1 (1950 Edition).
2. In respect of the City of San Fernando and insofar as such laws were in
force at the commencement of this Act—
The Fifth and Seventh Schedules to the San Fernando Corporation
Ordinance, Ch. 39. No. 7 (1950 Edition).
3. In respect of the Borough of Arima and insofar as such laws were in
force at the commencement of this Act—
The Fifth and Seventh Schedules to the Arima Corporation Ordinance,
Ch. 39. No. 11 (1950 Edition).
4. In respect of the Borough of Point Fortin and insofar as such laws were
in force at the commencement of this Act—
The Sixth Schedule to the Point Fortin Corporation Act, 1980 (Act
No. 12 of 1980).
5. In respect of the several Municipalities referred to in the Second Schedule to
this Act and insofar as such laws were in force at the commencement of this Act—
The Public Health (Streets and Buildings) Bye Laws, made under the
Public Health Ordinance, Ch. 12. No. 4 (1950 Edition).
Section 160.
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168 Chap. 25:04 Municipal Corporation
LAWS OF TRINIDAD AND TOBAGO
NINTH SCHEDULE
FORM A
REMOVAL OF HOUSE—NOTICE BY OWNER OF HOUSE
To the Chief Executive Officer:
Municipal Corporation of .....................................................................
I, ................................................................................................. the
undersigned, the owner of the house now numbered and assessed as
No....................., standing on land belonging to .................................
DO HEREBY give you notice that I intend to remove (or pulldown, as the
case may be) the said house from its present site on or before the
.................................... day of .................................... , 20.......
Dated this .............................. day of ...................................., 20 .......
........................................................
Address: .............................................................................................................
FORM B
REMOVAL OF HOUSE—NOTICE BY OWNER
OF LAND ON WHICH HOUSE STOOD
To the Chief Executive Officer:
Municipal Corporation of .....................................................................
I, ................................................................................................. the
undersigned, the owner of the land on which stood the house heretofore
numbered and assessed as No. ..................................................
HEREBY NOTIFY you that the said house was removed (or pulled down,
as the case may be), from my said land on or about the ...................... day of
..............................., 20 ........
........................................................
Address: .............................................................................................................
Section 164(2).
Section 165(2).
Signature of Owner of House
Signature of Owner of Land
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TENTH SCHEDULE
WARRANT FOR ENTRY ON PREMISES
WHEREAS ...................................................................................................
being a person authorised under the Municipal Corporations Act, Ch. 25:04, to
enter certain premises .........................................................................................
has made application to me to authorise him the said .........................................
to enter the said premises, and whereas I, ................................................. am
satisfied by information on oath that there is reasonable ground for such entry,
and there has been a refusal or failure to admit the said
.................................................................................. to such premises.
NOW, THEREFORE, I, the said ............................................................. do
hereby authorise the said ....................................................................................
to enter the said premises, by force if need be, with such assistants as he
may require, and there to execute his duty under the Municipal
Corporations Act, Ch. 25:04.
Dated this .......... day of ....................................., 20.......
.............................................................
Municipal Corporations Chap. 25:04 169
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Section 231(5).
(Name of Authorised person)
(Describe here the premises)
(Name of Authorised person)
(Name of Authorised person)
(Name of Authorised person)
Magistrate
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170 Chap. 25:04 Municipal Corporation
LAWS OF TRINIDAD AND TOBAGO
ELEVENTH SCHEDULE
EXAMPLE OF CALCULATION OF ALLOCATION OF
ALDERMEN FOR MUNICIPALITY X
A. Calculation of Quota—
Total valid votes cast 25,916
Number of seats in each 4
Council designated for Aldermen
Quota = A/B = 6,479
B. Calculation of Aldermen Allocation—
Total valid votes for Party A … … … … … 11,420
Total valid votes for Party B … … … … … 8,013
Total valid votes for Party C … … … … … 6,483
Seat allocation for Party A … … 11,420/6,479 = 1.76
Seat allocation for Party B … … 8,013/6,479 = 1.23
Seat allocation for Party C … … 6,483/6,479 = 1.00
Eliminate all fractions therefore—
Seat allocation for Party A— 1
Seat allocation for Party B— 1
Seat allocation for Party C— 1
3
Number of vacant seats remaining to be allocated (the surplus)—
4 – 3 = 1
C. Calculation of allocation of remaining vacant seats—
(a) Multiply quota by each party’s number of seats earned—
Party A — 6,479 x 1 = 6,479
Party B — 6,479 x 1 = 6,479
Party C — 6,479 x 1 = 6,479
(b) Minus for each party from the total valid votes received from
each party the figures under paragraph (a)—
Party A — 11,420 – 6,479 = 4,941
Party B — 8,013 – 6,479 = 1,534
Party C — 6,483 – 6,479 = 4
In allotting the remaining vacant seats, start allocation with the party having
the highest amount under paragraph (b). Therefore Party A will be allocated
the remaining seat while Parties B and C will receive no allocation.
Section 13(7).
[13 of 2013].
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Municipal Corporations Chap. 25:04 171
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
SUBSIDIARY LEGISLATION
MUNICIPAL CORPORATIONS ORDER
made under section 187(2)
1. This Order may be cited as the Municipal Corporations
Order.
2. The application of Part VIII of the Municipal
Corporations Act is extended to the following Municipalities:
(a) the Region of Diego Martin;
(b) the Region of San Juan/Laventille;
(c) the Region of Tunapuna/Piarco;
(d) the Region of Sangre Grande;
(e) the Region of Mayaro/Rio Claro;
(f) the Region of Princes Town;
(g) the Region of Couva/Tabaquite/Talparo;
(h) the Region of Penal/Debe; and
(i) the Region of Siparia.
133/1993.
Citation.
Extension of
application.
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172 Chap. 25:04 Municipal Corporations
LAWS OF TRINIDAD AND TOBAGO
[Subsidiary]
MUNICIPAL CORPORATIONS ORDER
made under sections 48(4) and 76(3)
1. This Order may be cited as the Municipal Corporations
Order.
2. The application of Parts III and V of the Municipal
Corporations Act is extended to the following Municipalities:
(a) the Region of Diego Martin;
(b) the Region of San Juan/Laventille;
(c) the Region of Tunapuna/Piarco;
(d) the Region of Sangre Grande;
(e) the Region of Mayaro/Rio Claro;
(f) the Region of Princes Town;
(g) the Region of Couva/Tabaquite/Talparo;
(h) the Region of Penal/Debe; and
(i) the Region of Siparia.
194/1996.
Citation.
Application of
Parts III and V.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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[Subsidiary]
MUNICIPAL POLICE SERVICE REGULATIONS
ARRANGEMENT OF REGULATIONS
REGULATION
1. Citation.
2. Interpretation.
PART I
RECRUITMENT AND APPOINTMENT
3. Qualification for appointment as trainee.
4. Recruitment procedure for trainee.
5. Qualification for appointment as Band Apprentice.
6. Recruitment procedure for Band Apprentice.
7. Appointment and discharge of Band Apprentice.
8. Service number and name tag.
9. Appointment to the First Division.
10. Date of appointment.
PART II
PROBATION AND PROMOTION
11. Probation of constable.
12. Principles applicable to constable on probation.
13. Probationary assessment of constable on first appointment.
14. Dismissal of constable on probation.
15. Examination Board.
16. Qualifying examination.
17. Promotion after three years of service.
18. Advertisement of vacancy.
19. Selection for promotion to and within the First Division.
20. Principles of selection for promotion to and within the Second
Division.
21. Probation on promotion.
22. Performance appraisal report.
23. Confirmation of appointment.
24. Extension of probation.
25. Incremental date where period of probation extended.
26. Record keeping.
UNOFFICIAL VERSION
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ARRANGEMENT OF REGULATIONS—Continued
REGULATION
PART III
SECONDMENT
27. Secondment.
PART IV
RESIGNATION, RETIREMENT AND
TERMINATION OF APPOINTMENT
28. Resignation.
29. Abandonment.
30. Reasons for termination of appointment.
31. Retirement in the public interest.
32. Termination of appointment on grounds of inefficiency.
33. Medical Board.
34. Unfit officer.
PART V
POLICE DIVISION, DISTRICT, STATION, ETC.
35. Police Divisions, District, etc.
36. Assignment of officers to Districst, etc.
37. Building for use of Municipal Police Service.
PART VI
SALARIES, INCREMENTS, ADVANCES AND
ALLOWANCES
SALARIES
38. Allowance for trainee.
39. Salary of officer on first appointment.
40. Salary on promotion.
41. Date of payment of salary.
42. Reversion to substantive office.
43. Deductions from salary.
INCREMENTS
44. Principles of conversion.
45. Additional provision as to conversion.
UNOFFICIAL VERSION
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46. Payment of increment.
47. Increment while acting.
48. Incremental date—general provisions.
49. Incremental date—probation.
ADVANCES
50. Application for advance.
51. Payment of advance.
ALLOWANCES
52. Acting allowance.
53. Grant for funeral expenses.
54. Hardship allowance.
55. Housing allowance.
56. Plain clothes allowance.
57. Proficiency allowance.
58. Temporary separation allowance.
59. Conditions attached to payment of temporary separation allowance.
60. Application for temporary separation allowance.
61. Charges for extra duty prescribed.
62. Subsistence and meal allowance.
63. Allowance for travelling abroad.
64. Attorney allowance.
65. Qualifying allowance.
PART VII
HOURS OF WORK, RECORDS OF
PERSONNEL AND PERFORMANCE
APPRAISAL REPORTS
HOURS OF WORK
66. Work week and working hours.
67. Officer may be required to report for duty at any time.
68. Transfer.
RECORDS OF PERSONNEL
69. Personal record.
70. Certificate of service to be given.
REGULATION
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ARRANGEMENT OF REGULATIONS—Continued
REGULATION
71. Performance appraisal reports.
72. Officer to be informed of adverse report.
73. Annual increments.
PART VIII
VACATION LEAVE, SPECIAL LEAVE AND
MEDICAL MATTERS
74. Leave to be granted in accordance with this Part.
VACATION LEAVE
75. Eligibility for vacation leave.
76. Vacation leave entitlement.
77. Vacation leave not to be earned.
78. Vacation leave to be taken annually.
79. Deferment of vacation leave.
80. Casual absences to be deducted from vacation leave.
81. Non-forfeiture of vacation leave earned.
82. Accumulation of vacation leave.
83. Grant of vacation leave.
84. Application for vacation leave.
85. Record of officers on leave.
86. Attending Court while on vacation leave.
SPECIAL LEAVE
87. Duty leave and special leave.
88. Scholarship and study leave.
89. Sick leave.
90. Extension of sick leave in Trinidad and Tobago.
91. Extension of sick leave outside of Trinidad and Tobago.
92. Medical certificate necessary for sick leave.
93. Medical record of each officer.
94. Entitlement to full pay.
95. Light duty in certain circumstances.
UNOFFICIAL VERSION
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96. Grant of paternity leave.
97. Grant of bereavement leave.
MEDICAL MATTERS
98. Officer entitled to free medical, etc., attention.
PART IX
CUSTODY AND CARE OF PRISONERS
99. Key for female cell.
100. Opening of cell.
101. Searching of prisoner.
102. Record to be kept of prisoner’s property.
103. Prisoner’s property handed over.
104. Prisoner in cell to be visited.
105. Children of prisoner in custody.
106. Feeding of prisoner.
107. Legal adviser to prisoner.
108. Sick prisoner.
109. Numerical strength of escort.
110. Dangerous prisoner.
111. Handcuffs.
112. Armed escort.
PART X
GOVERNMENT BUILDING, FURNITURE, ETC.
113. Quarters.
114. Furniture to be kept in good condition.
115. Repair to or replacement of furniture.
116. Notice board.
117. Reception area.
118. Prisoner’s cell.
PART XI
UNIFORM, EQUIPMENT, ARMS, STORES, ETC.
119. Uniform and orders of dress.
120. Issue of arms and ammunition.
121. Control of arms and ammunition issued.
122. Issue of uniform.
REGULATION
UNOFFICIAL VERSION
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ARRANGEMENT OF REGULATIONS—Continued
REGULATION
123. Wearing of uniform and plain clothes.
124. Issue of stores.
125. Requisition.
126. Stores Ledgers.
PART XII
CONDUCT
127. Duties of an officer.
128. Absence without leave.
129. Activities outside the Service.
130. Officer not to call or participate in certain public meeting.
131. Participation in demonstration, etc., prohibited.
132. Officer not to publish information.
133. Officer not to allow interview on question of public policy.
134. Officer not to publish comment on national or local matter.
135. Partisanship.
136. Officer not to contribute to, edit or manage newspaper.
137. Rules relating to lecture or presentation.
138. Reprimand of officer.
139. Appearance and turnout.
140. Indebtedness.
141. Bankruptcy.
142. Gift or reward.
143. Exception to gift.
144. Officer not to accept present from subordinate officer.
145. Legal proceedings.
146. Offences.
PART XIII
DISCIPLINARY PROCEDURE
147. Disciplinary proceedings.
148. Suspension.
149. Interdiction.
150. Reporting in person.
151. Disciplinary tribunal.
152. Procedure on alleged commission of offence.
UNOFFICIAL VERSION
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153. Power of disciplinary tribunal.
154. Duty of officers appointed to disciplinary tribunal.
155. Officer on charge not to be permitted leave.
156. Procedure at hearing.
157. Witnesses.
158. Adjournment of hearing.
159. Proceedings in private.
160. Hearing in absence of accused officer.
161. Hearing in absence of prosecutor.
162. Standard of proof.
163. Tribunal to report.
164. Further offence before disciplinary tribunal.
165. Disciplinary tribunal may report to Assistant Commissioner.
166. Insufficient evidence before disciplinary tribunal.
167. Informing officer of decision and his right of review.
168. Assistant Commissioner may remove officer in public interest.
169. Penalties.
170. Non-payment of remuneration on conviction for a criminal offence.
PART XIV
RECOGNITION OF MUNICIPAL
POLICE SERVICE ASSOCIATION
171. Interpretation of Part XIV.
172. Application for recognition.
173. Publication of application.
174. Objection to application.
175. Examination of records.
176. Decision of Minister.
177. Public recognition.
178. Special duty leave and time off.
PART XV
GRATUITIES AND PENSIONS
179. Computation of gratuity, etc., a matter of high priority.
180. Contribution to superannuation allowances.
181. Pension to officer in special cases.
182. Payments out of pension.
REGULATION
UNOFFICIAL VERSION
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183. Service for less than ten years.
184. Broken service.
185. Permanent injury.
186. Pension to dependant of officer killed on duty and gratuity to
spouse, etc., of officer who dies in the Service.
PART XVI
MISCELLANEOUS PROVISIONS
187. Communication to Assistant Commissioner.
188. Official communication.
189. Orders.
190. Standing Orders with respect to books and other records.
191. Corrections.
192. Circulation of orders.
193. Pocket diary.
194. Legal aid.
195. Change of name.
196. Saluting.
197. Register of found property.
198. Sports Club.
199. Police Band.
200. Police Band to play with permission.
201. Application of Regulations.
SCHEDULE 1.
SCHEDULE 2.
SCHEDULE 3.
ARRANGEMENT OF REGULATIONS—Continued
REGULATION
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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MUNICIPAL POLICE SERVICE REGULATIONS
made under section 60
1. These Regulations may be cited as the Municipal Police
Service Regulations.
2. In these Regulations—
“acting appointment” means the temporary appointment of an
officer to act in a higher office, whether that office is vacant
or not;
“appointment” means the appointment of a person to an office;
“Assistant Commissioner” means the Director or Assistant
Commissioner of Municipal Police;
“cohabitant” means—
(a) in relation to a man, a woman who has been
living with or who has lived together with him
in a bona fide domestic relationship for a period
of not less than five years immediately
preceding the date of his death;
(b) in relation to a woman, a man who has been
living with or who has lived together with her in
a bona fide domestic relationship for a period of
not less than five years immediately preceding
the date of her death,
but only one such relationship shall be taken into account
for the purpose of these Regulations;
“cohabitational relationship” means the relationship between
cohabitants, who not being married to each other, have lived
together in a bona fide domestic relationship for a period of
not less than five years immediately preceding the death of
either cohabitant;
“dangerous drugs” has the meaning assigned to it by section 3 of
the Dangerous Drugs Act;
“disciplinary tribunal” means a disciplinary tribunal appointed
under regulation 151 by the Assistant Commissioner;
300/2014.
Citation.
Interpretation.
Ch. 11:25.
UNOFFICIAL VERSION
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“family” means an officer’s spouse and children, including
adopted children, his mother, father, brothers and sisters
who are living with and are solely dependent on him;
“forensic DNA analysis” has the same meaning assigned to it
under section 4 of the Administration of Justice
(Deoxyribonucleic Acid) Act;
“Medical Board” means a board for the medical examination of
an officer, which is appointed under regulation 33 by the
Assistant Commissioner of Municipal Police;
“Minister” means the Minister to whom responsibility for
national security is assigned;
“non-intimate” sample has the same meaning assigned to it under
section 4 of the Administration of Justice
(Deoxyribonucleic Acid) Act;
“officer” means a municipal police officer, other than the
Assistant Commissioner of Municipal Police;
“officer in the First Division” means a police officer who holds
an office above specified in the rank of Inspector;
“officer in the Second Division” means a police officer who
holds an office below the rank of Assistant Superintendent
of Police;
“pensionable emoluments”, in respect of service in the Service,
means pay and personal allowance;
“Police Division” or “Division” means a Division determined by
the Minister under regulation 35(1);
“prescribed form” or “appropriate form” means such form as
may be prescribed by the Assistant Commissioner of
Municipal Police;
“Service” means a Municipal Police Service established under
section 48(1) of the Municipal Corporations Act;
“spouse” includes a cohabitant;
“trainee” means a person who is undergoing training with a view
to becoming an officer;
“transfer” means the movement of an officer from a Division or
Branch to another Division or Branch, or from a Police
Station to another Police Station.
Ch. 5:34.
Ch. 25:04.
UNOFFICIAL VERSION
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Municipal Corporations Chap. 25:04 183
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Municipal Police Service Regulations [Subsidiary]
PART I
RECRUITMENT AND APPOINTMENT
3. (1) A candidate for appointment as a trainee shall,
subject to regulation 4—
(a) be a citizen of Trinidad and Tobago;
(b) be required to pass a medical examination
conducted by a Government Medical Officer
nominated for the purpose;
(c) be required to undergo a polygraph test,
psychological test and be tested for dangerous
drugs at the cost of the Service;
(d) be of good character as evidenced by a police
certificate of character;
(e) be not less than eighteen years and not more
than thirty-five years of age on the 1st January
of the year in which the appointment is made;
(f) in the case of—
(i) a male, be of good physique and at least
one hundred and sixty-seven centimetres
in height; or
(ii) a female, be of good physique and at least
one hundred and fifty centimetres in height;
(g) possess passes in five subjects in the Caribbean
Examination Council or the Caribbean
Advanced Proficiency Examination, including
English Language, at General Proficiency at
Grade I, II, or III or at Basic Proficiency at
Grade I in all five subjects, or five General
Certificate of Education Level passes, including
English, at Grade A, B or C in all five subjects,
or produce proof of having reached an
equivalent or higher standard of education;
(h) possess a Trinidad and Tobago driver’s permit
with a Class 3 endorsement to drive light motor
vehicles under the Motor Vehicles Act;
Qualification
for appointment
as trainee.
Ch. 48:50
UNOFFICIAL VERSION
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(i) be required to pass a physical examination and
an agility test; and
(j) be required to pass a written examination.
(2) A candidate who fulfils the requirements of
subregulation (1) may be enrolled as a trainee and shall be
required, if so enrolled, to submit a non-intimate sample for
forensic DNA analysis and to undergo a course of training at the
Police Academy.
4. (1) A person seeking to be a trainee shall complete an
application in the form set out in Schedule 1 and submit it to the
officer in charge of the Municipal Police Station nearest to which
the applicant resides.
(2) Application forms for recruitment shall be made
available at every Municipal Police Station.
(3) An application made under this Part shall be valid
for one year.
(4) The officer in charge of the Municipal Police Station
shall ensure that—
(a) each applicant is fingerprinted and traced;
(b) the necessary inquiries are made to determine the
correctness of the particulars of the application
and the suitability of each applicant; and
(c) a report of the inquiries is prepared.
(5) The Officer in Charge of the Police Station referred
to in subregulation (1) shall submit the application form together
with a report of the inquiry as required under subregulation (4) to
the Director, who shall be the Recruiting Officer.
(6) The Recruiting Officer shall review all the
applications for selection as a trainee and select those applicants
who have met the requirements under regulation 3(1).
(7) A Recruiting Officer in selecting an applicant under
this section as a trainee is not required to consider the
requirements of regulation 3(1)(c).
(8) The applicants who are selected under subregulation (6)
shall be interviewed by a panel appointed by the Commission.
Recruitment
procedure for
trainee.
Schedule 1.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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(9) The panel under subregulation (8) shall comprise of
the following five members:
(a) the Recruiting Officer, who shall be the
Chairman;
(b) a person appointed by the Assistant
Commissioner from the Police Academy;
(c) a Police Social Worker;
(d) the Director of Human Resource of the
Statutory Authorities Service Commission; and
(e) a representative from the recognised Municipal
Police Service Association.
(10) The applicants who are assessed to be most
suitable by the panel shall undergo a polygraph test, a
psychological test and be tested for dangerous drugs at the cost
of the Service.
5. A candidate for appointment as a Band Apprentice shall,
subject to regulation 6—
(a) be a citizen of Trinidad and Tobago;
(b) be of good character as evidenced by a police
certificate of character;
(c) be not less than eighteen years and not more
than thirty years of age on the 1st January of the
year in which the appointment is made;
(d) possess five subjects in the Caribbean
Examination Council or the General Council
Examination or produce proof of having reached
an equivalent or higher standard of education or
be required to pass an educational test to be set
by the Assistant Commissioner; and
(e) be required to pass a medical examination
conducted by a Government Medical Officer
nominated for the purpose.
6. (1) A person seeking to be a Band Apprentice shall
complete an application in the form set out in Schedule 1 and
submit it to the Director of the Municipal Police Service Band.
Qualification
for appointment
as Band
Apprentice.
Recruitment
procedure for
Band
Apprentice.
Schedule 1.
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(2) Application forms for recruitment as a Band
Apprentice shall be made available at every Municipal Police
Service Station.
(3) An application made under this Part shall be valid
for one year.
(4) An applicant who fulfils the requirements of
regulation 5 shall be required to pass a musical test conducted by
the Director of the Municipal Police Service Band.
(5) The Officer in Charge of the Municipal Police
Station nearest to which the applicant resides, upon notice by
the Director of the Municipal Police Service Band shall
ensure that—
(a) each applicant is fingerprinted and traced;
(b) the necessary inquiries are made within a
reasonable time to ensure the correctness of the
particulars of the application and the suitability
of each applicant; and
(c) a report of the inquiries is prepared.
(6) The Officer in Charge of the Municipal Police
Station shall submit the report of the inquiry as required under
subregulation (5)(b) to the officer or person in charge of the
Police Academy.
(7) The officer or person in charge of the Police
Academy shall review all applications, and select those
applicants he considers most suitable.
(8) The applicants who are selected shall be interviewed
by a panel appointed by the Assistant Commissioner of which the
Officer in Charge of the Municipal Police Service Band shall be
a member.
(9) An applicant who is assessed as suitable at the
interview by the panel shall undergo a polygraph test, a
psychological test and be tested for dangerous drugs at the cost
of the Service.
7. (1) A candidate who fulfils the requirements of
regulations 5 and 6 may be enrolled as a Band Apprentice.
Appointment
and discharge
of Band
Apprentice.
UNOFFICIAL VERSION
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(2) The Assistant Commissioner shall determine the
course and period of training for a Band Apprentice and his
appointment as Bandsman after consultation with the Officer in
Charge or Director of the Municipal Police Service Band based
upon an assessment of the conduct, discipline, musical ability
and application of such Band Apprentice.
(3) No Band Apprentice shall be appointed a Bandsman
before the age of eighteen years.
(4) A Band Apprentice who fails to satisfy the
requirements of the course of training, or is otherwise not
considered fit to be a member of the Service, may be discharged
summarily by the Assistant Commissioner.
8. (1) An officer on first appointment shall be given a
service number, which he shall retain throughout his service.
(2) When an officer leaves the Service, his service
number shall not be reissued to any other officer.
(3) An officer on first appointment shall be issued a
name tag.
(4) An officer below the rank of Inspector shall wear his
service number and name tag on such part of his uniform as
maybe designated by the Assistant Commissioner.
(5) An officer of the rank of or above Inspector shall
wear his name tag and badge of rank on such part of his uniform
as may be designated by the Assistant Commissioner.
9. (1) A candidate for appointment to the First Division
may be selected for the First Division from among—
(a) officers in the Second Division; and
(b) persons outside of the Municipal Police
Service.
(2) An officer in the Second Division who is suitable for
appointment on the grounds of—
(a) experience, skills and merit; or
Service number
and name tag.
Appointment to
the First
Division.
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(b) having obtained a Bachelor Degree or produced
proof of having reached an equivalent or higher
standard of education from an institution
recognised by the Accreditation Council of
Trinidad and Tobago,
shall be eligible for appointment to the First Division.
(3) A person who is appointed under subregulation (1) is
required to undergo an appropriate course of training in police duties.
(4) Notwithstanding subregulation (3), the Assistant
Commissioner may exempt a person appointed under
subregulation (1)(a) from the training required under that
subregulation (3).
(5) A candidate referred to in subregulation (1)(b) shall
possess—
(a) the qualifications specified in regulation 3(1),
other than those specified in regulation 3(1)(g)
and (i); and
(b) a Bachelor’s Degree, or produce proof of having
reached an equivalent or higher standard of
education, from an institution recognised by the
Accreditation Council of Trinidad and Tobago.
10. (1) The date of appointment of an officer shall normally
be the date on which he assumes the duties of the office to which
he has been appointed.
(2) Where an officer is selected for appointment from
outside Trinidad and Tobago, the date of appointment shall be the
date specified in the letter of appointment.
PART II
PROBATION AND PROMOTION
11. The probationary period of a constable on first
appointment shall be a period of two years.
Date of
appointment.
Probation of
constable.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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12. The following principles shall be observed in respect of
a constable during his probationary period:
(a) the constable shall be given every opportunity
to learn his work and be tested as to his ability
to perform it;
(b) he shall be accorded all possible facilities for
acquiring experience in his duties; and
(c) he shall be subject to sympathetic supervision
so far as the exigencies of the Service permit
and be assigned to duty where such supervision
is possible.
13. In the case of a constable on probation, the senior officer
exercising control over that constable shall furnish to the
Assistant Commissioner two assessments in accordance with the
guidelines in Schedule 2 in the following manner:
(a) a first assessment after the constable has
completed one year of service, not later than
one month after the twelfth month; and
(b) a final assessment not earlier than six weeks or
later than two weeks before the period of
probation expires.
14. (1) A constable who is on probation may, at any time
during the period of probation, be dismissed by the Assistant
Commissioner in accordance with the procedure prescribed in
these Regulations.
(2) Where the Assistant Commissioner is of the view
that a constable under subregulation (1) should be dismissed, the
Assistant Commissioner shall, prior to the decision, give a
written notice to the constable specifying the reasons and any
relevant facts in detail for the proposed decision, and request the
constable to respond in writing within fourteen days of the notice
as to why he should not be dismissed.
(3) When the constable responds in writing, the
Assistant Commissioner shall consider the response and may
conduct a hearing before making his decision and the hearing
shall be conducted in accordance with the procedure set out in
regulations 156(2) to 167.
Principles
applicable to
constable on
probation.
Probationary
assessment of
constable on
first
appointment.
Schedule 2.
Dismissal of
constable on
probation.
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(4) If the constable fails to respond in writing, the
Assistant Commissioner shall make his decision and
immediately in writing inform the constable of the decision.
15. (1) All examinations in relation to the Second Division
shall be set and the papers marked by such Examination Board
as may be appointed for that purpose by the Assistant
Commissioner.
(2) The Assistant Commissioner shall be responsible for
the conduct of the examinations set under subregulation (1).
16. (1) An officer of the rank of Constable through to
Sergeant may apply on the prescribed form to the Assistant
Commissioner of Municipal Police to be allowed to take the
qualifying examination for promotion to the next rank.
(2) An officer who is successful in the qualifying
examination may be considered for promotion in accordance
with regulation 20.
17. A constable shall not be considered for promotion unless
he has three years in the Service.
18. Where the Assistant Commissioner considers that—
(a) there is no suitable candidate in the Service
available for the filling of any vacancy having
regard to qualifications, experience and merit; and
(b) it would be advantageous and in the best
interest of the Service that the services of a
person not already in the Service be secured,
the Assistant Commissioner shall advertise such vacancy.
19. (1) The Assistant Commissioner shall publish a
Departmental Order specifying the points system to be followed
by a Supervising Officer in the preparation of a performance
appraisal report.
Examination
Board.
Qualifying
examination.
Promotion after
three years of
service.
Advertisement
of vacancy.
Selection for
promotion to
and within the
First Division.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Municipal Corporations Chap. 25:04 191
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(2) The points awarded to an officer based on his
performance appraisal report shall represent—
(a) twenty-five per cent and the results of the
promotional assessment process; and
(b) seventy-five per cent of his final grade as stated
in the Order of Merit List mentioned in
subregulation (11).
(3) An officer shall not be considered for promotion to
and within the First Division unless he has attained sixty or more
points on his performance appraisal report.
(4) The Assistant Commissioner shall employ a person
(hereinafter referred to as “the consultant”) to conduct the
promotional assessment process.
(5) The consultant under subregulation (4) shall appoint
such number of panels, comprising not less than three persons
each, as he considers necessary.
(6) The members of each panel under subregulation (5)
shall possess appropriate skills, expertise and qualifications in
policing and particularly to the rank under consideration.
(7) The promotional assessment process shall comprise
of two stages as follows:
(a) stage one shall require every qualifying officer
to write a qualifying examination, from which
only the top performing candidates as
determined by the consultant shall proceed to
stage two; and
(b) stage two shall be a suitability assessment process.
(8) To assess the competencies of an officer relevant to
the position for which he is being considered, the suitability
assessment process may include, inter alia, role play, exercises
dealing with hypothetical situations and other appropriate
methods of assessment that are consistent with contemporary
professional standards and needs of policing.
(9) The consultant shall establish the competencies
before conducting the suitability assessment process and such
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
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competencies shall be given in writing to each qualifying
candidate at least one week before the suitability assessment
process is conducted.
(10) The competencies, which may comprise core or
technical competencies, may include matters such as leadership,
communication, initiative, decision making, problem solving,
customer relations, integrity, and organisational awareness.
(11) Subject to subregulation (2), every officer
considered for promotion shall be rated according to the
results of the promotional assessment process specified in
this regulation together with the points awarded to him based
on his performance appraisal report and be placed on an
Order of Merit List.
(12) The person shall, as soon as the promotional
assessment process is completed, submit the Order of Merit List
to the Assistant Commissioner, who shall immediately cause it to
be published in a Departmental Order.
(13) Subject to subregulation (14), an Order of Merit
List shall be valid for a period of twelve months from the date of
its publication under subregulation (12).
(14) The Assistant Commissioner may extend the
validity of the Order of Merit List before its expiration for a
period not exceeding one year.
(15) An officer who is not promoted during the twelve-
month period or such other period as ordered by the Assistant
Commissioner under subregulation (14) is required to repeat the
promotional assessment process.
(16) Where the officer mentioned in subregulation (15)
successfully completes the promotional assessment process for
three consecutive times and is not promoted, he shall be paid a
qualifying allowance as from the date of the third occasion on
which his name is placed on the Order of Merit List, and
regulation 65(3), (4) and (5) shall apply to him as it applies to an
officer under regulation 65.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Municipal Corporations Chap. 25:04 193
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Municipal Police Service Regulations [Subsidiary]
20. (1) Subject to subregulation (2), the Promotion
Advisory Board shall interview—
(a) an officer who has passed the qualifying
examination for promotion and is recommended
for promotion by the Officer in Charge of his
Division or Branch;
(b) an officer who was allocated fifty or more
points at the previous interview; and
(c) an officer who is eligible under subregulation (3).
(2) An officer shall not be interviewed by the Board
unless he has been allocated forty or more points by the Board
based on the criteria, other than the interview, listed in
subregulation (5).
(3) Subject to subregulation (2), an officer who is
allocated less than sixty points is eligible to be interviewed at the
next sitting of the Board.
(4) Every officer considered for promotion shall be
rated according to the criteria specified in subregulation (5) and
each officer who is allocated sixty or more points shall be placed
on an Order of Merit List.
(5) The criteria mentioned in subregulation (4) shall be
as follows:
Performance Appraisal Interview Maximum Points
40 60
(6) The Board shall submit the Order of Merit List to
the Commission on the advice of the Assistant Commissioner,
who shall cause it to be published in a Departmental Order.
21. (1) An officer who is promoted to an office shall serve
a probationary period of twelve months in the office to which he
is promoted.
(2) Where an officer is promoted to an office in which
he has performed the duties, whether in an acting or temporary
capacity, for a period of equal or longer duration than the
Principles of
selection for
promotion to
and within the
Second
Division.
Probation on
promotion.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
194 Chap. 25:04 Municipal Corporation
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prescribed period of probation, immediately preceding the
promotion, the officer shall not be required to serve the
probationary period.
(3) Where an officer is promoted to an office in which
immediately preceding the promotion he has acted for a period
of less than twelve months, the period of acting service shall be
offset against the prescribed period of probation.
(4) Where an officer is promoted before he has
completed the period of probation in his former office, the
unserved portion of that period of probation shall be waived and
the officer is deemed to have been confirmed in that appointment.
22. In the case of an officer serving a twelve-month period
of probation, the senior officer in charge of that officer shall
furnish to the Assistant Commissioner a performance appraisal
report one month before the period of probation expires.
23. Where, after consideration of the final report of the senior
officer, the Assistant Commissioner is satisfied that the probationary
service of the officer has been satisfactory, he shall be confirmed in
his appointment with effect from the date of appointment.
24. Where the Assistant Commissioner is satisfied that the
probationary service of an officer has not been satisfactory, the period
of probation may be extended for one further period of six months.
25. Where the period of probation of an officer has been
extended and he is subsequently confirmed in his appointment,
the Assistant Commissioner may direct that the increment of the
officer be paid with effect from—
(a) the date following that on which the extended
period of probation expired without change in
the incremental date; or
(b) the date following that on which the extended
period of probation expired, that date would
then become his incremental date.
26. The Assistant Commissioner shall keep a record of every
officer who has been appointed.
Performance
appraisal
report.
Confirmation of
appointment.
Extension of
probation.
Incremental
date where
period of
probation
extended.
Record
keeping.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Municipal Corporations Chap. 25:04 195
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Municipal Police Service Regulations [Subsidiary]
PART III
SECONDMENT
27. (1) An officer who is seconded to an office in the Public
Service shall be paid the salary applicable to that office and is
eligible for any increments payable to the holder of that office.
(2) The remuneration of an officer on secondment to an
office out of the Service shall be paid by the receiving Ministry,
public body or authority.
(3) During the period of secondment of an officer out of
the Service, the officer shall continue to hold his substantive
office in the Service and, notwithstanding his absence from the
Service, is eligible for promotion.
(4) The period of service of an officer while on
secondment shall be taken into account when calculating his
pension where the secondment is to an office in another Service
of the Government or where the receiving public body or
authority makes the appropriate arrangement for the preservation
of the pensionable service of the officer.
(5) An officer on secondment to an office in the Service
is eligible for the leave applicable to that office and while on
such leave he is entitled to be paid the salary payable to the
holder of that office.
(6) An officer who has completed a period of
secondment outside of the Service and who returns to the Service
shall revert to the point in the salary scale in respect of his
substantive office which he would have reached if he had not
been seconded.
(7) A period of secondment shall not exceed two years.
PART IV
RESIGNATION, RETIREMENT AND TERMINATION OF
APPOINTMENT
28. (1) Where an officer intends to resign he shall send by
registered mail or deliver a written notice of his intention to resign
Secondment.
Resignation.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
196 Chap. 25:04 Municipal Corporation
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to the office of the Assistant Commissioner at least one month
before the date on which he wishes to relinquish his appointment.
(2) Notwithstanding subregulation (1), the Assistant
Commissioner in consultation with the Commission may waive
the requirement of notice in whole or in part if he thinks fit.
(3) Notwithstanding regulation 82, an officer who fails
without reasonable cause to comply with subregulation (1) may
forfeit all leave and the benefits and privileges accruing to him in
respect of leave.
(4) An officer is not entitled, except with the permission
of the Commission on the advice of the Assistant Commissioner,
to withdraw his notice of resignation.
29. (1) An officer who is absent from duty without leave for
seven consecutive days, during which time he has failed to notify
his senior officer of the cause of his absence, may be declared by
the Assistant Commissioner to have abandoned his office,
whether he holds a permanent, temporary, or contractual
appointment, and thereupon the office becomes vacant and the
officer ceases to be an officer.
(2) Where an officer abandons his office under
subregulation (1), regulation 28(3) shall apply.
30. Subject to regulations 28, 29, 31, 32 and 33(2), the services
of an officer maybe terminated for the following reasons:
(a) where he holds a permanent appointment—
(i) on dismissal in consequence of
disciplinary proceedings; or
(ii) on the abolition of the office;
(b) where he holds a temporary appointment—
(i) on the expiration or other termination of
an appointment for a specified period;
(ii) where the office itself is of a temporary
nature and is no longer necessary;
(iii) on the termination of appointment in the
case of an officer on probation;
Abandonment.
Reasons for
termination of
appointment.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Municipal Corporations Chap. 25:04 197
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(iv) on the termination of appointment in the
case of an officer holding a non-
pensionable office with no service in a
pensionable office; or
(v) on dismissal or removal in consequence
of disciplinary proceedings;
(c) where he is on contract, his services shall be
terminated in accordance with the terms of the
contract; or
(d) whether he holds a permanent, temporary or
contractual appointment, where he is convicted
for a criminal offence which carries a penalty of
six or more months of imprisonment.
31. (1) Where it is represented to the Assistant
Commissioner that it is in the public interest that an officer
should be required to retire from the Service on grounds which
cannot suitably be dealt with under any of these regulations, the
Assistant Commissioner shall—
(a) call for a report on the officer from the
supervising officer of that officer; and
(b) take into account the officer’s record during the
preceding five years or, where the officer has
less than five years’ service, his record during
his period of service.
(2) If after considering the report and record mentioned
in subregulation (1) and giving the officer an opportunity of
submitting a reply, the Assistant Commissioner is satisfied that it
is in the public interest to retire the officer, the officer shall be
required to retire on such date as the Assistant Commissioner
shall determine, and he shall be retired accordingly.
(3) Where an officer is examined by a Medical Board
on two or more occasions and is found fit for service but
continues to be absent from duty on the ground of ill-health for a
cumulative period of six months during a single twelve-month
period, he shall be considered for retirement in the public
interest, subject to a comprehensive review of his performance
by the Assistant Commissioner and after giving the officer an
opportunity to be heard.
Retirement in
the public
interest.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
198 Chap. 25:04 Municipal Corporation
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32. (1) The Commission may on the advice of the Assistant
Commissioner terminate the appointment of an officer on
grounds of reported inefficiency and having regard to the job
performance of the officer and, where applicable, his
performance appraisal reports.
(2) Where the senior officer in charge of an officer
makes a recommendation in writing to the Assistant
Commissioner that the appointment of the officer should be
terminated on grounds of inefficiency, the officer shall be
informed in writing by the senior officer of such recommendation
and be given an opportunity to make representation thereon to the
Assistant Commissioner and the Commission.
(3) Where the officer makes representation under
subregulation (2), the representation shall be forwarded in its
original form to the Assistant Commissioner.
(4) The Assistant Commissioner may, upon receipt of
the recommendation under subregulation (2), cause an
investigation to be made before making a final decision.
33. (1) A Medical Board shall be appointed whenever it is
necessary for an officer to be examined with a view to
ascertaining whether he should be retired on grounds of ill health.
(2) An officer may be required by the Assistant
Commissioner to undergo a medical examination by a Medical
Board at any time.
(3) An officer who is required to undergo a medical
examination shall submit himself to be examined by a Medical
Board at such time and place as the Commission on the advice of
the Assistant Commissioner may direct.
(4) Where a Medical Board is convened in accordance
with subregulation (1), the Commission on the advice of the
Assistant Commissioner shall make available to the Board the
medical record of the officer, and any further relevant
information that would assist the Board with its findings.
(5) Where an officer, through refusal or neglect to
obtain specialist advice or to obtain treatment when so
Termination of
appointment on
grounds of
inefficiency.
Medical Board.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Municipal Corporations Chap. 25:04 199
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L.R.O.
Municipal Police Service Regulations [Subsidiary]
recommended by the Medical Board, falls sick and in
consequence is unable to perform his duties, the Commission on
the advice of the Assistant Commissioner may direct that the
period during which he is unable to perform his duties shall be
counted as leave without pay
34. (1) An officer who is medically boarded and found unfit
for further service shall not be allowed to remain on duty and
shall be granted such vacation leave and accumulated vacation
leave for which he is eligible or two months’ leave, whichever is
the greater, as from the date on which he is notified of his
unfitness for further duty.
(2) Upon the expiration of the leave referred to in
subregulation (1), the services of the officer shall be terminated,
with such benefits that may have accrued to him.
PART V
POLICE DIVISION, DISTRICT, STATION, ETC.
35. (1) For the purpose of the Act and these Regulations,
there shall be such Divisions and Branches as may be determined
by the Minister.
(2) Each Division shall be subdivided into Police
Districts and there shall be one or more Police Stations in each
District as approved by the Minister.
(3) The Commission shall publish the boundaries of
Municipal Police Divisions and Police Districts in the Gazette.
(4) The Commission may establish such Administrative
or Operational Units in the Service as approved by the Minister.
36. The Assistant Commissioner may assign any number of
officers for duty to Divisions, Branches, Stations or other
Administrative or Operational Units, as he considers necessary
for the efficient functioning of the Service.
37. (1) The Minister may assign, for the use of the Service,
such buildings as may be provided or made available for that
Unfit officer.
Police Division,
District, etc.
Assignment of
officers to
Districts, etc.
Building for
use of
Municipal
Police Service.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
200 Chap. 25:04 Municipal Corporation
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purpose, and may make such further provision for the
accommodation, training and hospitalisation of officers as may
be necessary.
(2) The Minister with responsibility for health shall
approve a building or other accommodation mentioned in
subregulation (1) as may be deemed necessary.
PART VI
SALARIES, INCREMENTS, ADVANCES AND
ALLOWANCES
SALARIES
38. A trainee shall receive an allowance, to be called a
trainee allowance, at a rate approved by the Minister with
responsibility for finance.
39. The salary of an officer on first appointment shall be
computed from the date of his assumption of duties as an officer.
40. On promotion, an officer shall receive the salary
attached to the office to which he is promoted from the effective
date of his promotion or from the date he assumes the duties of
the office as may be specified in his letter of promotion.
41. (1) Salaries shall be paid to officers on the day
immediately preceding the last business day of the month,
however, where the last business day falls on a Monday, salary
shall be paid on the preceding Friday or the day preceding that
day if Friday is a public holiday.
(2) Notwithstanding subregulation (1), the Minister
with responsibility for finance may vary the date on which
salaries shall be paid in any month.
(3) An officer who is proceeding on vacation leave on a
date prior to the normal date on which salaries are to be paid for
that month, and who will be on leave on the appointed pay day,
may be paid his salary for that particular month in advance of the
Allowance for
trainee.
Salary of
officer on first
appointment.
Salary on
promotion.
Date of
payment of
salary.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Municipal Corporations Chap. 25:04 201
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L.R.O.
Municipal Police Service Regulations [Subsidiary]
normal pay day, if arrangements cannot otherwise conveniently
be made for payment of his salary in accordance with
subregulation (1) or (2).
(4) Subregulation (3) shall apply only in respect of the
first month of the vacation leave of the officer.
42. When an officer reverts to his substantive office on the
termination of his acting appointment he shall be paid the salary
in his substantive office, which he would have received, had he
not been given an acting appointment in a higher office.
43. (1) No money shall be deducted from the salary of an officer
without prior notice in writing to him of not less than one month.
(2) The Minister with responsibility for finance shall
determine the type of deduction which may be permitted to be
accommodated on the pay-sheet as an approved deduction.
(3) Notwithstanding subregulation (1), the Assistant
Commissioner may deduct from the salary of an officer—
(a) all fines and penalties imposed as a result of
disciplinary action taken in accordance with
these Regulations; and
(b) all overpayments of salary in accordance with any
written law and may make such other deductions
as are approved by the Minister with
responsibility for finance towards the reduction or
repayment of outstanding debts due to the State.
INCREMENTS
44. (1) Where an officer is promoted, his salary shall be
adjusted as follows:
(a) where the salary which the officer was
receiving in the lower office immediately prior
to promotion was less than the minimum salary
of the higher office, then the officer shall on
promotion be paid the minimum salary of the
higher office, however, where the additional
amount due to the officer is less than the value
Reversion to
substantive
office.
Deductions
from salary.
Principles of
conversion.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
202 Chap. 25:04 Municipal Corporation
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of one increment in the salary range of the
lower office, he shall move up to the next higher
point in the salary range;
(b) where the salary which the officer was
receiving in the lower office immediately prior
to promotion was the same as the minimum
salary of the higher office, then the officer’s
salary on promotion shall be adjusted to the
next incremental point in the salary range of the
higher office;
(c) where the salary which the officer was
receiving in the lower office immediately prior
to promotion was more than the minimum
salary of the higher office, then the officer’s
salary on promotion shall first be adjusted to the
incremental point in the higher salary range
immediately above his salary and then be
further adjusted to the next incremental point in
the higher salary range.
(2) After conversion in accordance with subregulation (1),
the salary of the officer shall be further adjusted to the next point in
the salary range of the office to which he has been promoted on the
date on which his next increment would have become due to him in
the post from which he was promoted, and subsequent increments
shall accrue to him on the anniversary of that date.
(3) When an officer is promoted on the date on which he
was due an increment in the office from which he was promoted
he shall first be granted an increment on that date and then his
salary shall be adjusted in accordance with subregulation (1), and
in such a case the officer shall retain the date of his promotion as
his incremental date.
45. Where an officer has been acting in a higher office
immediately before his appointment to that office or to an office
in the same salary range as that office, he shall convert to the
higher salary range in the same manner as is provided in
regulation 44(1).
Additional
provision as to
conversion.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Municipal Corporations Chap. 25:04 203
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L.R.O.
Municipal Police Service Regulations [Subsidiary]
46. (1) Subject to subregulation (2), where an officer holds
an office that has a salary range, increments shall be paid to such
officer, on the completion of each year of satisfactory service
until he has reached the maximum of the salary range, and the
increments paid shall be in the amounts prescribed for the
particular office.
(2) Increments shall be earned, and a year of service
shall be taken to be satisfactory only if the Assistant
Commissioner has satisfied himself and has certified on the
prescribed form that the officer has during such year performed
his duties with efficiency and diligence and that his conduct
during the period has been satisfactory.
(3) In determining whether the service of an officer
during a year has been satisfactory, the Assistant Commissioner
may not take into account a specific act of delinquency if the
officer qualified for an increment in other respects.
(4) The Assistant Commissioner shall sign the
increment certificate on the prescribed form, effective from the
date when the increment of the officer becomes due and shall
attach the said certificate to the pay-sheet for the month in which
the increment accrues.
47. (1) Subject to this regulation, an officer who is
appointed to act in a higher office shall be paid increments in that
higher office and shall continue to draw increments in his
substantive office.
(2) Where an officer—
(a) was not earning increments in his substantive
office, and the office in which he is acting has a
salary range, he shall receive an increment in
the higher salary range on the anniversary date
of his acting appointment;
(b) has reached the maximum salary of his
substantive office, which maximum may be
equal to or greater than the minimum but less
than the maximum of the higher office, he shall
receive an increment in the higher salary range
as stated in paragraph (a).
Payment of
increment.
Increment
while acting.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
204 Chap. 25:04 Municipal Corporation
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(3) The grant of an increment under subregulation (2)(a)
or (b) shall be subject to the—
(a) officer acting continuously for a period of
twelve months in the higher office; and
(b) issue of an increment certificate certifying
satisfactory service on the prescribed form by
the Assistant Commissioner.
(4) The period of continuous acting mentioned in
subregulation (3) shall not be considered to have been broken if
the officer is granted normal sick leave, paternity or maternity
leave during the acting appointment.
(5) Where an officer has been acting in a higher office
for more than twelve months and, in accordance with
subregulation (2), is in receipt of increments in such office, he
shall continue to receive such increments after a break in the
acting appointment, but only if—
(a) he resumed acting in the same higher office or
in a higher office in the same salary range
within six months of the break; or
(b) the break was caused by his proceeding on
leave of any type for a period not exceeding one
year and he resumes duty in the higher office
within six months of his resumption of duty.
48. (1) An officer who is transferred from one office to
another office that has the same salary range shall retain the
incremental date of the office from which he was transferred.
(2) Where an officer has been acting in an office
immediately before his appointment to it, his incremental date shall
be the anniversary date of his acting appointment, if it is more
advantageous to him, instead of the date on which his next increment
would have become due in the post from which he was promoted.
49. (1) Subject to this regulation, an officer appointed or
promoted on probation to an office shall not be granted an
increment until he has been confirmed.
Incremental
date—general
provisions.
Incremental
date—probation.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Municipal Corporations Chap. 25:04 205
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Municipal Police Service Regulations [Subsidiary]
(2) Upon confirmation, an officer’s incremental date
shall be the anniversary of the date of appointment or in the case
of promotion, in accordance with regulation 44(2).
ADVANCES
50. An application for an advance under regulation 49 shall
be made to the Comptroller of Accounts.
51. (1) An advance not exceeding one month’s salary may be
paid to an officer proceeding on vacation leave of not less than
fourteen days to be spent either out of Trinidad and Tobago or in
Trinidad and Tobago but away from his ordinary place of residence.
(2) An advance paid under subregulation (1) shall be
paid to the officer either in Trinidad and Tobago before he
proceeds on leave or at his request while he is abroad on leave.
(3) An advance not exceeding one month’s salary may
be made to an officer through a Trinidad and Tobago Overseas
Mission in case of an emergency, each case being dealt with on
its merit.
(4) Interest is payable on any advance made under this
regulation, at such rates as the Minister with responsibility for
finance may determine.
(5) An advance paid under this regulation, together with
interest thereon, shall be repaid in not more than twelve monthly
instalments or over such longer period of time as may be fixed
by the Minister with responsibility for finance, the first
instalment falling due at the end of the month following that in
which the officer resumes duty.
(6) The Minister with responsibility for finance may
authorise an advance for any purpose other than those specified
in this regulation, under terms and conditions to be fixed by him.
ALLOWANCES
52. (1) An officer appointed to act in an office in a salary
range that is higher than that of his substantive office shall,
with effect from the date of the commencement of his acting
Application for
advance.
Payment of
advance.
Acting
allowance.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
206 Chap. 25:04 Municipal Corporation
LAWS OF TRINIDAD AND TOBAGO
[Subsidiary] Municipal Police Service Regulations
appointment, if the actual salary he is drawing in his
substantive office is less than the minimum salary of the office
in which he is appointed to act, receive the minimum salary of
the higher office.
(2) An additional payment made under this regulation
to an officer appointed to act in a higher office, that is over and
above what he should have drawn in his substantive office, is
deemed to be an acting allowance payable to him.
53. A grant shall be made at such sum as may be approved by
the Minister with responsibility for finance to assist in defraying
the funeral expenses of an officer who dies while in service.
54. (1) An officer who is transferred and as a result suffers
hardship, whether or not he is separated from his family, shall, on
application by him, be granted a hardship allowance on the same
basis as applicable to a separated officer but for such period of
time as the Assistant Commissioner may direct.
(2) An application for a hardship allowance shall be
submitted monthly on the prescribed form to the Assistant
Commissioner and, except in special circumstances, no claim
shall be entertained that is made later than three months after the
period to which the claim relates.
55. (1) An officer who is not provided with appropriate
quarters under regulation 113, shall be paid a housing allowance
at such rates as may be approved by the Minister with
responsibility for finance.
(2) An officer who marries shall report in writing to the
Assistant Commissioner the fact of his marriage within three
months of his marriage, and the report shall be supported by a
marriage certificate.
(3) Where an officer fails to comply with subregulation (2),
the housing allowance shall be payable only for the preceding three
months from the date of compliance with subregulation (2).
(4) An officer shall not receive a housing allowance
payable to a married officer and a housing allowance payable to
an unmarried officer for the same period of time.
Grant for
funeral
expenses.
Hardship
allowance.
Housing
allowance.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Municipal Corporations Chap. 25:04 207
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Municipal Police Service Regulations [Subsidiary]
(5) Where an officer is married to another officer, each
officer shall be paid the housing allowance payable to an
unmarried officer.
(6) An officer, in receipt of a housing allowance, who is—
(a) widowed;
(b) divorced; or
(c) legally separated,
shall report the fact to the Assistant Commissioner within one
month of the occurrence of the event.
(7) Subject to subregulation (8), an officer mentioned in
subregulation (6) shall be paid the housing allowance applicable
to a married municipal police officer up to the end of the month
in which the officer became widowed, divorced or legally
separated, and thereafter the officer shall be paid the housing
allowance applicable to an unmarried municipal police officer.
(8) The officer mentioned in subregulation (7) may be
allowed to continue to receive the housing allowance applicable
to a married municipal police officer where there are children of
the marriage or legally adopted children who are dependent on
the officer until each child attains the age of eighteen years or
marries, whichever event occurs first.
(9) An officer occupying rent-free quarters is not
entitled to any housing allowance.
(10) For the purpose of subregulations (2), (3) and (4),
marriage includes cohabitation.
56. (1) An officer required to do duty in plain clothes shall
be so authorised in writing by the Assistant Commissioner.
(2) An officer required to do duty in plain clothes shall be
paid a plain clothes allowance at such rates as may be approved by
the Minister of Finance for such part of a month in which he is so
required to wear plain clothes, but such an allowance shall not be
paid to an officer for any month in which he is required to wear
plain clothes for a period of less than seven days.
Plain clothes
allowance.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
208 Chap. 25:04 Municipal Corporation
LAWS OF TRINIDAD AND TOBAGO
[Subsidiary] Municipal Police Service Regulations
57. (1) A proficiency allowance at rates approved by the
Minister with responsibility for finance may be granted to an
officer performing specified duties.
(2) Subject to subregulation (1), an officer who goes on
sick leave or vacation leave may continue to be paid a
proficiency allowance but only if the period for which he is on
vacation leave or sick leave does not exceed fourteen days.
58. (1) An officer shall be considered to be separated from
his family if, as a result of an appointment or transfer, he is
compelled to take up residence in another Station or District
without being able to take his family with him, because—
(a) suitable accommodation cannot be found
immediately in the new Division, District,
Branch or Station for his family;
(b) it would not be reasonable to expect the officer to
remove his family from his present residence; or
(c) he could not reasonably be expected to travel
daily from his present residence to the new
Station or District or both.
(2) A separated officer may be paid a temporary
separation allowance related to the additional expenditure
incurred by him in maintaining two households.
59. The payment of a temporary separation allowance shall
be subject to the following conditions:
(a) it shall not exceed the maximum amount fixed
for the allowance by the Minister with
responsibility for finance;
(b) in the case of an appointment or transfer which
is known to be permanent, it shall be paid for a
period not exceeding three months;
(c) in the case of an appointment or transfer which
is known to be or turns out to have been
temporary, it shall be paid for a period not
exceeding six months;
Proficiency
allowance.
Temporary
separation
allowance.
Conditions
attached to
payment of
temporary
separation
allowance.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Municipal Corporations Chap. 25:04 209
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Municipal Police Service Regulations [Subsidiary]
(d) extensions of the period of payment as provided
for in paragraphs (b) and (c) shall be made only
on the authority of the Chief Personnel Officer,
to whom application by the officer shall be
made promptly with full supporting reasons for
the grant of an extension of time;
(e) no allowance shall be paid where the period of
separation is less than one month;
(f) the officer claiming the allowance shall be
required to produce a certified statement,
supported by payment receipts where possible,
showing the additional expenditure involved in
having to maintain two households;
(g) the allowance granted shall be a sum equivalent
to the additional expenditure incurred, but not
exceeding the maximum amount fixed by the
Minister with responsibility for finance; and
(h) an officer shall not receive both temporary
separation allowance and subsistence allowance
in respect of the same period.
60. An application for a temporary separation allowance
shall be submitted monthly by a separated officer on the
prescribed form to the Chief Personnel Officer through the
Assistant Commissioner, and, except in special circumstances,
no application shall be entertained which is not made within
three months after the period to which the claim relates.
61. (1) Subject to subregulation (2), the Assistant
Commissioner may, at the written request of an organiser of such
entertainment, bazaars, private assemblies or other occasions or
functions as are approved by the Assistant Commissioner,
provide for the services of officers for the purpose of preserving
order at such entertainment, bazaars, private assemblies, other
occasions or functions.
(2) An officer may only perform extra duty under
subregulation (1) outside his official duty hours.
(3) Where an officer is deputed for extra duty under
subregulation (1), he shall be paid for his service at the rate of
Application for
temporary
separation
allowance.
Charges for
extra duty
prescribed.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
210 Chap. 25:04 Municipal Corporation
LAWS OF TRINIDAD AND TOBAGO
[Subsidiary] Municipal Police Service Regulations
ninety per cent of the charges levied under subregulation (1) and
the remaining ten per cent shall be paid into an unincorporated
Trust Fund, which would be created by Regulations for the
depositing of fines and charges levied under these Regulations.
(4) Nothing in this regulation shall apply in the case of
a private or public Government function, except that in the case
of a private Government function, the Assistant Commissioner
may levy charges in accordance with subregulation (1) and make
payments in accordance with subregulation (3).
(5) An officer who volunteers and is deputed for extra
duty under subregulation (1) shall report for duty as required.
62. An officer shall be paid subsistence and meal allowance
at a rate approved by the Minister with responsibility for finance.
63. An officer who is required to travel abroad on official
business is entitled to such allowance as may be approved by the
Minister with responsibility for finance.
64. Notwithstanding his rank in a Municipal Police Service,
an officer who is an Attorney-at-law and who is assigned to the
legal department of the Service or who is not so assigned but is
required to perform duties as an Attorney-at-law shall be paid an
allowance, to be called an Attorney Allowance, at a rate
approved by the Minister with responsibility for finance.
65. (1) Where an officer above the rank of constable is not
promoted within three years after being interviewed by the Board
for promotion, he shall, subject to regulation 20(4), be paid a
qualifying allowance as from the third anniversary of the date of
the examination.
(2) Where a constable is not promoted within three
years after being recommended by the Board for promotion, he
shall be paid a qualifying allowance as from the third anniversary
of the date of the recommendation.
(3) The qualifying allowance shall be equal to an
increment payable in the officer’s salary range.
Subsistence and
meal
allowance.
Allowance for
travelling
abroad.
Attorney
allowance.
Qualifying
allowance.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Municipal Corporations Chap. 25:04 211
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Municipal Police Service Regulations [Subsidiary]
(4) When an officer who is in receipt of the qualifying
allowance, is promoted, he shall not be paid such an allowance
from the date of his promotion.
(5) Where an officer is in receipt of the qualifying
allowance on the date of his retirement and has been receiving
this allowance for not less than three years from that date, the
allowance shall be regarded as part of his salary for the purpose
of computing his pension and gratuity.
PART VII
HOURS OF WORK, RECORDS OF PERSONNEL AND
PERFORMANCE APPRAISAL REPORTS
HOURS OF WORK
66. (1) For the purpose of these Regulations, a week shall
consist of seven days, the normal working hours of which shall
be forty hours.
(2) The normal daily period of duty for an officer in the
Second Division shall not exceed eight hours, and this may be
performed in one tour.
(3) An officer shall not normally be required to be on
duty beyond a period of four hours without having a break of at
least one hour after the end of that period.
(4) The period of time taken as a break shall not be
considered as part of the period of eight hours making up the
normal daily period of duty.
(5) Every officer in the Second Division shall be
granted in respect of any one week, two full days free from duty
to be known as “weekly rest days” provided always that the
normal work week is not reduced to less than forty hours.
(6) The weekly rest days shall be in lieu of Saturdays
and Sundays, any of which may be counted as a weekly rest day
if taken as such.
Work week and
working hours.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
212 Chap. 25:04 Municipal Corporation
LAWS OF TRINIDAD AND TOBAGO
[Subsidiary] Municipal Police Service Regulations
(7) An officer in the Second Division shall, in respect of
work in excess of forty hours a week—
(a) be given commuted overtime pay or allowance
at rates approved by the Minister with
responsibility for finance;
(b) be granted compensatory time-off; or
(c) where such time-off is not practicable, be paid
overtime pay at rates approved by the Minister
with responsibility for finance.
(8) The time limit for determining whether
compensatory time-off may be granted shall be fixed by
agreement between the Chief Personnel Officer and the
appropriate recognised association.
(9) Except in special circumstances, no overtime claim
shall be allowed if submitted after six months from the date the
overtime was earned.
67. Notwithstanding anything contained in these
Regulations relating to hours of work, an officer may be
required to report for duty at any time if the exigencies of the
Service so require.
68. (1) Where the Assistant Commissioner proposes to
transfer an officer, the Assistant Commissioner shall make an
order of transfer in writing and shall give not less than fourteen
days’ notice to the officer who is to be transferred.
(2) In considering the transfer of an officer, the
Assistant Commissioner shall take into account any hardship that
such transfer may occasion.
(3) Notwithstanding subregulation (1), where the
exigencies of the Service so require, the Assistant Commissioner
may transfer an officer without notice.
RECORDS OF PERSONNEL
69. (1) The Assistant Commissioner shall keep a personal
record of each officer and it shall contain—
(a) a description of the officer;
Officer may be
required to
report for duty
at any time.
Transfer.
Personal
record.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Municipal Corporations Chap. 25:04 213
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Municipal Police Service Regulations [Subsidiary]
(b) any change of name of the officer;
(c) the officer’s place and date of birth;
(d) particulars of marriage, if any, and children, if any;
(e) a record of service, if any, in any Naval,
Military or Air Forces of a Commonwealth
territory or in the Public Service;
(f) a record of service, if any, in any other police
service;
(g) a record of the results of examinations at which
the officer was a candidate; and
(h) a record of service in the Service including
particulars of all promotions, transfers,
removals, injuries received, commendations,
awards, punishments other than cautions,
acting appointments, sick leave, academic
qualifications, special or technical skills and
training, and the date of his ceasing to be a
member of the Service with the reason thereof.
(2) The Head of the Division or Branch under whom an
officer on his first appointment is first transferred shall cause to
be maintained a Divisional or Branch file, and on the officer’s
transfer from that Station, his Station’s file shall be sent direct to
the Head of his new Station.
(3) An inset sheet with comments by the Head of the
Station shall be kept for each officer in a Station, and on his
transfer from a Station the officer’s inset sheet shall be sent, as
part of his Station’s file, direct to the Officer in Charge of his
new Station.
(4) An officer may at his request in writing and at a time
convenient to the Administration, be allowed to peruse his
personal record.
(5) An officer shall be informed in writing of any
adverse reports or any commendations that are made on his inset
sheet or personal record.
70. (1) An officer who leaves the Service may be given a
certificate of service stating his office and special skills and
Certificate of
service to be
given.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
214 Chap. 25:04 Municipal Corporation
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[Subsidiary] Municipal Police Service Regulations
setting out the period of his service and in any other police service
and the reason, cause or manner for his leaving the Service.
(2) The Assistant Commissioner may append to a
certificate under subregulation (1), a recommendation with
respect to the officer’s efficiency and conduct.
(3) The personal record of a municipal police officer
who leaves the Municipal Police Service shall be kept for twenty
years by the Assistant Commissioner who shall then forward it to
the Government Archivist.
71. (1) A performance appraisal report shall—
(a) be in such form as may be prescribed by the
Assistant Commissioner;
(b) be made in respect of each officer whether he
holds a permanent or temporary or an acting
appointment or is employed for a specified period;
(c) provide for communication to the officer of the
nature of his job performance for the period
under review, and his career potential; and
(d) ensure the officer’s participation in the
establishment of the standards required in order
that his job performance and career potential are
accurately evaluated by the persons specified in
the form.
(2) The Officer in Charge of the Division or Branch
shall forward to the Assistant Commissioner in each year in
respect of each officer who is—
(a) within the scale of pay, a performance appraisal
report not later than sixty days before an
increment is due to an officer; and
(b) at the maximum in the scale of pay or who
receives a fixed pay, a performance appraisal
report not later than the anniversary of the date
of appointment of an officer to the office.
(3) A performance appraisal report shall relate to the
period of service during the immediate preceding twelve months.
Performance
appraisal
reports.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Municipal Corporations Chap. 25:04 215
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Municipal Police Service Regulations [Subsidiary]
(4) The Assistant Commissioner shall cause an
assessment of the job performance and career potential of each
officer to be made by the officer identified as the reporting
officer in the performance appraisal report.
(5) A reporting officer shall, after ensuring that proper
communication has occurred with the officer being assessed
concerning that officer’s job performance, record in the
performance appraisal report—
(a) the strengths and weaknesses of that officer’s job
performance based on the duties and standards
previously agreed upon with that officer;
(b) the means, if any, by which the officer’s job
performance may be improved or his job
satisfaction may be enhanced;
(c) the training and developmental needs of that
officer within the Service;
(d) the future career potential of that officer and
how it may be developed; and
(e) the duties and standards of performance
required of that officer for the next year.
(6) The reporting officer shall ensure that any
commendation or award given to the officer shall be recorded in
that officer’s performance appraisal report.
(7) The officer being appraised may comment on the
performance appraisal report on any aspect of it, whether it is
satisfactory or not, and shall sign it.
(8) Notwithstanding regulation 191, and for the purpose
of this regulation, an officer who is dissatisfied with his
performance appraisal report is entitled to make a written
complaint directly to an officer of a rank higher than the Officer
in Charge of his Station.
(9) The officer who makes a complaint under
subregulation (8) shall set out the specific nature of his
dissatisfaction and is entitled to be heard by the officer to whom
he has made the complaint and who shall make a final decision
on the matter.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
216 Chap. 25:04 Municipal Corporation
LAWS OF TRINIDAD AND TOBAGO
[Subsidiary] Municipal Police Service Regulations
72. In order that an officer may be given every opportunity
to correct any shortcomings which he might evince during the
course of the twelve months’ period of service to be reported on
under regulation 71, the Officer in Charge of his Station shall
cause the officer to be informed in writing when—
(a) such shortcomings are noticed;
(b) adverse markings are included, in the
performance appraisal report, before he submits
the report to the Assistant Commissioner.
73. (1) A performance appraisal report made in respect of
an officer under regulation 71 shall be the basis for determining
the eligibility of an officer for an increment.
(2) Where the Officer in Charge of a Division or
Branch, in a report made under regulation 71, recommends that
an increment ought not to be granted, he shall notify the officer
in writing, not later than sixty days before the increment is due,
of the reasons for which he considers that the increment ought
not to be granted.
(3) Where an officer is notified under subregulation (2),
he may, within seven days of the receipt of such notification,
make representations in writing through the Officer in Charge of
his Division or Branch to the Assistant Commissioner.
(4) An annual increment shall not be suspended except
on the authority of the Assistant Commissioner.
(5) Where the Assistant Commissioner, after
considering any representation by an officer made under
subregulation (3), supports the commendation of the Officer in
Charge of his Station referred to in subregulation (2), or where in
the opinion of the Assistant Commissioner a report made under
regulation 71 does not justify the payment of an increment to the
officer, the Assistant Commissioner, upon advising the
Commission, shall notify the Officer in writing of his decision to
suspend the payment of the increment.
(6) Subject to subregulation (7), the Assistant
Commissioner may suspend the payment of an increment under
subregulation (5) for a period not exceeding six months.
Officer to be
informed of
adverse report.
Annual
increments.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Municipal Corporations Chap. 25:04 217
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Municipal Police Service Regulations [Subsidiary]
(7) Where the Assistant Commissioner suspends an
increment to an officer under subregulation (5) for a specified
period, the Officer in Charge of the Division or Branch shall, not
less than thirty days before the expiration of the specified period,
make a report on such officer and if in the opinion of the
Assistant Commissioner—
(a) the report justifies the payment of the
increment, the Assistant Commissioner shall
grant the increment which shall be payable from
the date from which it is granted; or
(b) the report does not justify the payment of the
increment, the Assistant Commissioner may
suspend the payment of the increment for a
further period not exceeding six months.
(8) Where the Assistant Commissioner suspends the
payment of an increment to an officer under this regulation, the
suspension shall not affect the officer’s incremental date.
PART VIII
VACATION LEAVE, SPECIAL LEAVE AND MEDICAL
MATTERS
74. (1) Subject to subregulations (2) and (3), and unless
otherwise stated in these Regulations, leave of absence may be
granted to an officer to the extent and under such conditions as
are provided in this Part.
(2) Leave, other than sick leave, injury leave and
maternity leave, shall be granted subject to the exigencies of
the Service.
(3) The Assistant Commissioner shall determine
whether the exigencies of the Service are such as to enable an
officer to proceed on leave at any given time.
(4) The Assistant Commissioner may, if the exigencies
of the Service so require—
(a) cancel any leave already granted; or
(b) recall to duty an officer who has proceeded on leave.
Leave to be
granted in
accordance
with this Part.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
218 Chap. 25:04 Municipal Corporation
LAWS OF TRINIDAD AND TOBAGO
[Subsidiary] Municipal Police Service Regulations
VACATION LEAVE
75. (1) An officer is eligible for vacation leave each year
only after the completion of one year of service.
(2) Where an officer has been recalled from vacation
leave, he is eligible for the unexpired period of such leave.
(3) An officer who is recalled from vacation leave shall
be reimbursed of any reasonable out-of-pocket expenses,
including actual financial loss sustained as a consequence of the
decision to recall him from such leave.
(4) The period of training undertaken by a trainee who
is appointed as an officer shall be considered in the computation
of that officer’s vacation leave.
76. (1) An officer is entitled to vacation leave each year as follows:
Years of Service Working Days
1–10 years 28 working days
Over 10 years 35 working days
(2) In computing length of service for the purpose of
subregulation (1), service shall include “other public service” and
“service in the group” as defined in section 2 of the Pensions Act.
(3) In calculating vacation leave, Saturdays, Sundays
and public holidays shall not be counted.
(4) No more than fifteen per cent of the officers
assigned to any Division or Branch may be granted leave at any
one time.
77. An officer shall not earn vacation leave while on
vacation leave or extended sick leave.
78. Subject to the exigencies of the Service, an officer shall
proceed on annual vacation leave as provided for in regulation 76(1),
and where the leave taken is less than his maximum leave, the
amount of leave taken shall be deducted from his vacation leave
entitlement specified in regulation 76(1) for his grade.
Eligibility for
vacation leave.
Vacation leave
entitlement.
Ch. 23:52.
Vacation leave
not to be
earned.
Vacation leave
to be taken
annually.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Municipal Corporations Chap. 25:04 219
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Municipal Police Service Regulations [Subsidiary]
79. An officer who, owing to the exigencies of the Service, is
required to defer his vacation leave, shall, in the year following that
in which his vacation leave was deferred, be granted such deferred
vacation leave together with the vacation leave for that year.
80. (1) Subject to regulation 76, an officer may, with the
prior written approval of the Assistant Commissioner, be allowed
casual absences from duty, which shall be deducted from his
vacation leave entitlement specified in regulation 76(1) for his
grade to a maximum of—
(a) fourteen working days where he holds an office
in the First Division; or
(b) seven working days where he holds an office in
the Second Division.
(2) Notwithstanding regulation 75(1), the Assistant
Commissioner may apply subregulation (1) to meet the case of
an officer who has not completed a full year of service, but leave
so granted shall not exceed the total amount of vacation leave
that the officer can be considered as having earned on a pro rata
basis at the time of the grant of such leave.
81. Vacation leave, once earned, shall not be forfeited.
82. (1) Vacation leave may normally be accumulated, with
the approval of the Assistant Commissioner, to a maximum of —
(a) ninety working days, in the case of an officer in
the First Division; and
(b) sixty working days, in the case of an officer in
the Second Division.
(2) An officer may accumulate leave in excess of the
maximum specified in subregulation (1) with the approval of the
Commission on the advice of the Assistant Commissioner.
(3) Where, upon the coming into force of these
Regulations, an officer has accumulated annual leave in excess
of ninety days, he may be required to take all or such part of the
excess as is agreed upon by the Assistant Commissioner.
Deferment of
vacation leave.
Casual
absences to be
deducted from
vacation leave.
Non-forfeiture
of vacation
leave earned.
Accumulation
of vacation
leave.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
220 Chap. 25:04 Municipal Corporation
LAWS OF TRINIDAD AND TOBAGO
[Subsidiary] Municipal Police Service Regulations
83. (1) Subject to subregulation (2), the Assistant
Commissioner shall have authority to grant vacation leave to
all officers.
(2) Vacation leave in the case of the Director or a
Deputy Director shall require the approval of the Minister.
84. (1) An application for vacation leave to be spent in or
out of Trinidad and Tobago shall be submitted to the Assistant
Commissioner, on the prescribed form, not later than the 31st day
of October in the preceding year to facilitate the preparation of
the leave roster for the year ahead.
(2) The Assistant Commissioner may in special
circumstances vary the requirement of subregulation (1).
(3) An officer who has applied for vacation leave within
the specified time shall, subject to the exigencies of the Service, be
informed not less than one month before his vacation leave is due
to commence, whether or not his application has been granted.
85. The Assistant Commissioner shall cause a record to be
kept to show—
(a) the officers to whom he has granted leave;
(b) particulars of the duration of such leave; and
(c) the address at or other means of contact by which
an officer may be located during his leave.
86. An officer who is required to attend Court while on
vacation leave as a result of his official duty shall have his
vacation leave extended by a period equal to the number of days
he has attended Court.
SPECIAL LEAVE
87. (1) An officer selected as a member of an official Police
Service team as approved by the Commission on the advice of
the Assistant Commissioner and engaging in a sporting,
educational or cultural event or series of such events may, subject
to the exigencies of the Service, be granted duty leave with full
pay for such purpose.
Grant of
vacation leave.
Application for
vacation leave.
Record of
officers on
leave.
Attending
Court while on
vacation leave.
Duty leave and
special leave.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Municipal Corporations Chap. 25:04 221
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Municipal Police Service Regulations [Subsidiary]
(2) An officer selected to represent Trinidad and Tobago
as a member of a national team engaging in a sporting,
educational or cultural event or series of such events shall,
subject to the exigencies of the Service, be granted special leave
with full pay to enable him to complete his engagement.
(3) Leave granted under this regulation shall not affect
an officer’s entitlement to vacation leave.
88. (1) An officer granted a scholarship sponsored by the
Government is eligible for study leave and for such allowances
and benefits as may from time to time be provided for other
public officers.
(2) An officer who undertakes a course of study
approved by the Commission on the advice of the Assistant
Commissioner is eligible for study leave and for such allowances
and benefits, as may from time to time, be provided for other
public officers.
89. (1) An officer is entitled to fourteen days sick leave a year.
(2) An officer who is away from duty, due to illness, for
a period—
(a) not exceeding two days is not required to tender
a medical certificate; or
(b) exceeding two days shall submit a medical
certificate prepared and signed by a duly
qualified medical practitioner, and any leave
taken under this regulation shall count in
calculating the total sick leave for the year.
(3) An officer mentioned in subregulation (2)(a) shall,
by any means, inform the Second Division Officer or the Officer
in Charge of the shift or the station where he is posted at least
two hours before he is due to report for duty that he would be
away from duty.
(4) The Assistant Commissioner may require an officer
who habitually takes advantage of subregulation (2)(a) to present
himself to a Government medical officer for a medical examination.
Scholarship and
study leave.
Sick leave.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
222 Chap. 25:04 Municipal Corporation
LAWS OF TRINIDAD AND TOBAGO
[Subsidiary] Municipal Police Service Regulations
90. (1) An officer who seeks an extension of sick leave
while in the country shall apply to the Assistant Commissioner in
writing and the application shall be supported by a medical
certificate issued by a duly qualified medical practitioner, a duly
qualified medical practitioner attached to the Service or the duly
qualified medical practitioner in the medical institution where
the officer has been treated and who treated the officer.
(2) An officer who seeks an extension of sick leave
under subregulation (1) shall within the first three days, inform
by any means, the Second Division Officer in Charge of the
Police Station where he is posted, who shall communicate such
information to the Assistant Commissioner.
(3) Upon receipt of the application referred to in sub-
regulation (1), the Commission on the advice of the Assistant
Commissioner may grant an extension of sick leave with full pay,
partial pay or no pay and in accordance with the relevant
guidelines issued by the Chief Personnel Officer.
(4) An officer shall make an application for extended
sick leave in accordance with subregulation (1) within two days
of his absence from duty.
(5) In exceptional circumstances, an application under
subregulation (1) shall be made by the officer not later than seven
days after his resumption of duty.
91. (1) An officer who becomes sick whilst on vacation
leave outside of the country, and who has exhausted his sick
leave entitlement shall immediately apply for an extension of
sick leave through the Ambassador or other duly appointed
Representative of Trinidad and Tobago and such an application
shall be accompanied by a duly authenticated medical certificate.
(2) Subject to subregulation (3), upon receipt of the
application referred to in subregulation (1), the Assistant
Commissioner may grant an extension of sick leave with full pay,
partial pay or no pay.
(3) An extension of sick leave on full pay shall be
granted to an officer to the extent of, at maximum, the number of
days sick leave unutilised by the officer over the five-year period
preceding the year in which the application is made.
Extension of
sick leave in
Trinidad and
Tobago.
Extension of
sick leave
outside of
Trinidad and
Tobago.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Municipal Corporations Chap. 25:04 223
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Municipal Police Service Regulations [Subsidiary]
(4) When the time granted under subregulation (1) or
(3) has expired and the officer has failed to resume duty, the
Assistant Commissioner shall send a notice to the address given
in regulation 128(2) ordering him to appear before a Medical
Board stating the time and place for such appearance.
(5) The Assistant Commissioner shall publish once in
the Gazette and twice in two daily newspapers the name of each
officer who is required to appear before a Medical Board stating
the time and place for such appearance.
(6) If the officer fails to appear before the Medical
Board within one month from the date of the notice mentioned in
subregulation (5), he is deemed to have abandoned his office and
may be dismissed from the Service by the Commission on the
advice of the Assistant Commissioner.
(7) An officer who is certified by a Medical Board to be
suffering from such disease as renders him unfit for duty may be
granted sick leave on full pay for a period not exceeding six months.
(8) If after the period mentioned in subregulation (7),
the officer is unfit for duty, he may be granted vacation leave, if
any, for which he is eligible.
(9) If after his sick leave and vacation leave, an officer
is still unfit to assume duty, he is deemed unfit for the Service
and his services shall be terminated by the Commission on the
advice of the Assistant Commissioner, with such benefits that
may have accrued to him.
(10) Where on the commencement of these Regulations
an officer who is abroad and has exhausted all his sick leave and
entitlement to an extension of sick leave and has not resumed
duty, subregulations (4), (5) and (6) shall apply.
92. Absence from duty for more than two consecutive days
shall not in any circumstances be considered as sick leave unless
supported by a medical certificate issued by a duly qualified
medical practitioner.
Medical
certificate
necessary for
sick leave.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
224 Chap. 25:04 Municipal Corporation
LAWS OF TRINIDAD AND TOBAGO
[Subsidiary] Municipal Police Service Regulations
93. (1) A Medical History Book shall be kept to show in
respect of each officer every illness, results of random testing for
dangerous drugs and injury sustained by the officer during his
period of service, together with such account of treatment
received and other comments and recommendations made by the
duly qualified medical practitioner attached to the Service or the
duly qualified medical practitioner concerned with the case, as
well as a record of all sick leave granted.
(2) Every Medical History Book shall be kept
confidential by the person in charge at the Police Hospital.
(3) The Assistant Commissioner shall have the power
to order random drug testing for abuse of dangerous drugs by
any officer.
94. Where an officer is injured in the performance of his
official duty he is entitled to his remuneration for any leave
approved by the Commission on the advice of the Assistant
Commissioner as a result of such injury or until he is discharged
by a Medical Board.
95. (1) The Assistant Commissioner may direct upon
consultation with the Commission, that a female officer
qualifying for maternity leave shall be given light duties to
perform at work prior to and following her period of maternity
leave and for such period of time as the circumstances of her case
may justify and may permit or require such officer to attend work
not in uniform for such period of time, but such officer shall not
qualify for a Plain Clothes Allowance.
(2) For the purpose of this section “maternity leave” has
the same meaning assigned to it by the Maternity Protection Act.
96. (1) A male officer is eligible for paternity leave of four
working days in respect of each pregnancy of his wife or
cohabitant, to be granted at the time of delivery where—
(a) he furnishes a medical certificate stating the
expected date of delivery; and
(b) he registers the name of his cohabitant, where
applicable, with the Assistant Commissioner.
Medical record
of each officer.
Entitlement to
full pay.
Light duty in
certain
circumstances.
Ch. 45:57.
Grant of
paternity leave.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Municipal Corporations Chap. 25:04 225
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Municipal Police Service Regulations [Subsidiary]
(2) For the purpose of this regulation, “cohabitant”
means a woman who is living with the officer in a bona fide
domestic relationship for a period of not less than five years
immediately preceding the pregnancy, but only one such woman
shall be considered for the purpose of this regulation.
97. (1) An officer is eligible for the grant of bereavement
leave of—
(a) three working days where the death of a
member of his immediate family occurs in
Trinidad and Tobago; or
(b) five working days where such a death occurs
outside of Trinidad and Tobago and the officer
actually travels abroad in connection with the death.
(2) When an officer is granted bereavement leave under
subregulation (1)(b), he shall submit to the Assistant
Commissioner within two weeks of his return documentary
evidence of his travel abroad.
(3) For the purpose of this regulation, “immediate
family” means the officer’s spouse, child, mother, father, brother,
sister and, if the officer had registered his guardian, ward or
cohabitant with the Assistant Commissioner, such guardian,
ward or cohabitant.
MEDICAL MATTERS
98. (1) An officer who is injured in the course of his duty is
entitled to receive free medical, dental, optical and hospital
treatment and medicines as may be necessary and as may be
provided by a Government Medical Officer or at a Government
medical institution.
(2) Where treatment or medicines mentioned in sub-
regulation (1) are not readily available from a Government
Medical Officer or from a Government medical institution the
officer shall be reimbursed the reasonable cost of any private
treatment he may have received or medicines he may have
purchased from any registered medical practitioner or from any
approved medical institution having obtained the prior written
approval of the Assistant Commissioner.
Grant of
bereavement
leave.
Officer entitled
to free medical,
etc., attention.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
226 Chap. 25:04 Municipal Corporation
LAWS OF TRINIDAD AND TOBAGO
[Subsidiary] Municipal Police Service Regulations
(3) An officer who—
(a) is injured in the course of his duty and is forced
to retire on medical grounds; or
(b) has served up to his compulsory retirement age,
is entitled to medical treatment as if he is still an officer in
the Service.
(4) Where an officer is injured in the course of his duty
and has to travel abroad to seek medical, dental, and optical or
hospital treatment, the cost of the airfare and any such treatment
shall be provided by the Government.
PART IX
CUSTODY AND CARE OF PRISONERS
99. (1) The cell for female prisoners shall be provided with
two locks or padlocks fitted with different keys, and the key of
one lock shall be kept by the Officer in Charge of the Charge
Room and the key of the other by a female officer.
(2) A duplicate of the key kept by the female officer
shall be kept in the Charge Room under the station seal.
(3) Except in a case of emergency, no cell in which a
female prisoner is confined shall be opened except by or in the
presence of a female officer.
100. A cell in which prisoners are confined shall be opened by
not less than two officers.
101. (1) A prisoner shall be searched on arrest, on arrival at
the Station and immediately before being placed in a cell and
again on being taken from the cell.
(2) At a Station, a male prisoner shall be searched by
two male officers and a female prisoner by a female officer.
102. (1) All property found on a prisoner when he is
searched shall be taken from him and a record shall be made in
the charge book, and this entry shall be read over to the prisoner
who shall be asked to verify and to sign it as being correct.
Key for female
cell.
Opening of
cell.
Searching of
prisoner.
Record to be
kept of
prisoner’s
property.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Municipal Corporations Chap. 25:04 227
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Municipal Police Service Regulations [Subsidiary]
(2) If the prisoner claims that the entry is incorrect, a
note to this effect shall be made immediately against the entry by
the most senior officer present and he shall report the matter to the
Officer in Charge of the Division for immediate investigation.
(3) Property required as a Court exhibit shall be retained
and handed over to the General Property Keeper.
(4) The property of a prisoner shall be returned to him
on his release from custody and he shall be required to sign for
receipt of it in the Charge Book.
(5) The property of a prisoner in the possession of the
Municipal Police for more than forty-eight hours shall be handed
over to the General Property Keeper and transferred to the
General Property Register.
(6) If a prisoner is handed over to a Keeper of a prison,
the property of a prisoner shall also be handed over to the Keeper
of the prison, who shall give a receipt to the Police for it.
103. Subject to regulation 102(3), the property taken from a
prisoner may be handed over to any person as directed by the
prisoner, on such person giving a receipt for having received the
property and the prisoner certifying that this has been done by
signing the Charge Book or the General Property Register.
104. Unless as otherwise directed, the officer in charge of the
Reception Area shall visit a prisoner in a police cell at least once
every hour.
105. (1) The children of a prisoner, who have no relatives or
other persons to take charge of them, may be taken charge of by
a female officer and taken to a place of safety until other
arrangements for their care can be made.
(2) The female officer shall be paid at such rate for each
child cared for under subregulation (1) as the Assistant
Commissioner may direct.
106. (1) The Assistant Commissioner shall fix the daily
ration for a prisoner in police custody.
Prisoner’s
property
handed over.
Prisoner in cell
to be visited.
Children of
prisoner in
custody.
Feeding of
prisoner.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
228 Chap. 25:04 Municipal Corporation
LAWS OF TRINIDAD AND TOBAGO
[Subsidiary] Municipal Police Service Regulations
(2) A prisoner shall be fed three times daily at 7:30 a.m.,
12:30 p.m. and 5:30 p.m. or as near as possible to these hours.
(3) A prisoner may be supplied with food from outside,
but the Officer in Charge of the Reception Area shall examine all
such food.
107. The legal adviser of a prisoner shall be allowed to
communicate with the prisoner in private at a Police Station but
the prisoner must be kept in sight by an officer during such
communication.
108. (1) When a prisoner reports sick, the senior officer at
the Station shall immediately notify the appropriate Government
Medical Officer or take the prisoner to a duly qualified medical
practitioner or medical institution.
(2) Upon notice under subregulation (1), the
Government Medical Officer, the duly qualified medical
practitioner or medical institution may order the prisoner be
taken to a public hospital and he shall be escorted to such
hospital in custody.
109. The strength of an escort to be provided for the removal
of prisoners, except those conveyed in a prison van, shall be
regulated as follows:
(a) one prisoner shall be accompanied by at least
one officer;
(b) two to five prisoners shall be accompanied by at
least two officers; and
(c) six to ten prisoners shall be accompanied by at
least three officers.
110. In the case of a prisoner considered to be dangerous and
unruly additional officers shall be sent as may be necessary.
111. An officer on escort duty shall be provided with
handcuffs that shall be used when necessary.
112. An officer escorting prisoners may be armed if the
circumstances so warrant.
Legal adviser to
prisoner.
Sick prisoner.
Numerical
strength of
escort.
Dangerous
prisoner.
Handcuffs.
Armed escort.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Municipal Corporations Chap. 25:04 229
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Municipal Police Service Regulations [Subsidiary]
PART X
GOVERNMENT BUILDING, FURNITURE, ETC.
113. (1) An officer may reside in official quarters provided
or in quarters approved by the Minister.
(2) An officer in the First Division who occupies
official quarters shall do so furnished and rent-free.
(3) An officer in the Second Division who occupies
official quarters shall do so furnished and rent-free.
114. All government furniture in Stations, buildings, offices
and quarters shall be maintained in good order and condition, the
responsibility for which shall rest with the senior officer in charge
of the Station, building or office, or the occupant of the quarters.
115. When any government furniture referred to in regulation
114 requires repair or needs to be replaced, the appropriate
officer of the relevant Ministry shall be notified so that
inspection, repairs or replacements may be effected.
116. All proclamations, Government Notices or other official
notices, notices of rewards or advertisements of similar import
shall be posted on notice boards at each Station.
117. A Reception Area shall be attached to each Station and
all books and records of the Station shall be kept and maintained
in it and in the manner directed by the Assistant Commissioner.
118. There shall be at least two prisoners’ cells provided at
each Station one for adult male prisoners and the other for adult
female prisoners.
PART XI
UNIFORM, EQUIPMENT, ARMS, STORES, ETC.
119. The description of all items of uniform and the orders of
dress to be worn by officers shall be set out as prescribed by the
Assistant Commissioner with the approval of the Minister and
shall be published in the Gazette.
Quarters.
Furniture to be
kept in good
condition.
Repair to or
replacement of
furniture.
Notice board.
Reception area.
Prisoner’s cell.
Uniform and
orders of dress.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
230 Chap. 25:04 Municipal Corporation
LAWS OF TRINIDAD AND TOBAGO
[Subsidiary] Municipal Police Service Regulations
120. (1) The Assistant Commissioner shall decide the
quantity in which arms and ammunition may be issued to an
officer or Station.
(2) The Assistant Commissioner may withdraw any
arms and ammunition issued to an officer or Station without
assigning any reason for so doing.
(3) The authority of the Assistant Commissioner under
this regulation is subject to the overriding authority of the
Commissioner of Police and the Minister.
121. (1) Ammunition issued to a Station that is not actually
in use shall be kept in sealed boxes which shall be opened only
in cases of inspection or emergency.
(2) The type and quantity of arms and ammunition
issued and the date of issue shall be endorsed on each box.
(3) When any ammunition is discharged or lost, an
immediate report shall be made to the Assistant Commissioner
setting out the quantity so discharged or lost and the circumstances
relating to the discharge or loss of such ammunition.
(4) The Assistant Commissioner shall cause to be kept a
detailed account of all arms and ammunition received and issued.
(5) No arms or ammunition shall be issued except on
the written authority of the Assistant Commissioner.
122. Uniforms, including accessories, and equipment shall be
issued to an officer in such quantities and at such periods as the
Assistant Commissioner may direct.
123. (1) The Assistant Commissioner may, in special
circumstances, require an officer to wear uniform when off duty.
(2) An officer shall not wear plain clothes whilst on
duty, unless he is so authorised by the Assistant Commissioner.
124. Miscellaneous stores shall be issued to Stations at such
intervals and in such quantities as the Assistant Commissioner
may direct.
Issue of arms
and
ammunition.
Control of arms
and
ammunition
issued.
Issue of
uniform.
Wearing of
uniform and
plain clothes.
Issue of stores.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Municipal Corporations Chap. 25:04 231
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Municipal Police Service Regulations [Subsidiary]
125. (1) Uniform, equipment and stores shall be supplied
only on a requisition made to the person responsible for finance.
(2) A delivery and receipt voucher signed by the officer
issuing the stores shall be sent with the stores, and on receipt, the
voucher shall be signed by the officer receiving the stores and
returned to the person responsible for finance.
126. (1) Stores Ledgers shall be kept by the person
responsible for finance in which he shall enter all stores received,
issued and returned to store.
(2) Receipts for all articles returned to store shall be
given by the person responsible for finance.
PART XII
CONDUCT
127. (1) An officer’s whole time shall be at the disposal of
the Government.
(2) An officer in the First Division who is in charge of
a Station shall be responsible for the state of his command as
well as the state of his district and for the conduct and efficiency
of all the officers under his command.
(3) An officer in the Second Division who is in charge of
a Station shall be responsible for such Station and its district and
for the conduct and efficiency of all the officers under his charge.
(4) In the absence of an officer referred to in
subregulation (2) or (3), the authority and responsibility of that
officer shall devolve upon the next in seniority unless the
Assistant Commissioner otherwise specifically directs.
128. (1) Subject to subregulation (2), an officer shall not
leave the country without the permission in writing of the
Assistant Commissioner.
(2) An officer who has been granted permission to go
abroad shall supply the Assistant Commissioner with both a local
and foreign address, to which any correspondence may be sent
by registered mail and any correspondence sent to both addresses
is deemed to have been received by him.
Requisition.
Stores Ledgers.
Duties of an
officer.
Absence
without leave.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
232 Chap. 25:04 Municipal Corporation
LAWS OF TRINIDAD AND TOBAGO
[Subsidiary] Municipal Police Service Regulations
(3) In an emergency, such permission may be given by
an officer of the First Division to an officer in the Second
Division, and in the case of an officer in the First Division by an
officer senior in rank.
(4) Where an officer grants permission under
subregulation (3) he shall report the fact immediately in writing
to the Assistant Commissioner.
129. An officer—
(a) shall not engage in any activity, occupation or
undertaking which would impair his usefulness
as an officer or in any way conflict with the
interest of the Service;
(b) shall not, without the consent of the Assistant
Commissioner, accept any paid employment or
engage in any trade or any professional,
commercial, agricultural or industrial
undertaking, or undertake private work for
remuneration, whether in or outside of Trinidad
and Tobago; or
(c) who invests in or acquires shares in any
company carrying on business in or outside of
Trinidad and Tobago or who acquires any
interest in any professional, commercial,
agricultural or industrial undertaking in or
outside of Trinidad and Tobago shall, within
thirty days after his investment or acquisition,
inform the Assistant Commissioner of the fact
in writing.
130. (1) An officer shall not call a public meeting to consider any
action of the Government or actively participate in the proceedings of
a meeting called for such purpose or procure signatures to any public
petition regarding the actions of the Government.
(2) Nothing in these Regulations shall affect an officer’s
right to participate actively in any meeting called, or sign any
petition prepared by his appropriate recognised association on
matters affecting the Service.
Activities
outside the
Service.
Officer not to
call or
participate in
certain public
meeting.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Municipal Corporations Chap. 25:04 233
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Municipal Police Service Regulations [Subsidiary]
131. An officer shall not institute or take part in any
processions, demonstrations or public meetings other than
religious functions unless the permission of the Assistant
Commissioner is first obtained.
132. (1) An officer shall not make public or communicate to
the press or to any person, or make private copies of documents,
papers or information of which he may have become possessed
in his official capacity, unless his duties require him to do so.
(2) Notwithstanding that he may be charged with an
offence under any other written law, an officer who contravenes
subregulation (1) commits a disciplinary offence.
133. An officer, whether on duty or on leave of absence, shall
not allow himself to be interviewed on questions of public policy
or on matters affecting the defence or military resources of
Trinidad and Tobago or of any other country unless his official
duties require him to do so.
134. (1) An officer shall not, without the written permission
of the Assistant Commissioner, broadcast on the radio,
television, Internet or by any other means or matter publish in
any manner any statement which is in the nature of a personal
comment on any national or local, political or administrative
matter unless his official duties require him to do so.
(2) An officer may, with the written permission of the
Assistant Commissioner, publish in his own name articles
relating to other subjects of general interest, or give a lecture or
presentation on the radio, television or Internet on such subjects.
135. An officer shall not make any public expression of
political and sectarian opinions, and shall bear himself with strict
impartiality in all matters.
136. An officer shall not act as editor of a newspaper or take part
directly or indirectly in the management of a newspaper, or
contribute thereto any statement or article which may reasonably be
regarded as a commentary on the politics of the country or the
administration of the Government or that of any other Government.
Participation in
demonstration,
etc., prohibited.
Officer not to
publish
information.
Officer not to
allow interview
on question of
public policy.
Officer not to
publish
comment on
national or
local matter.
Partisanship.
Officer not to
contribute to,
edit or manage
newspaper.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
234 Chap. 25:04 Municipal Corporation
LAWS OF TRINIDAD AND TOBAGO
[Subsidiary] Municipal Police Service Regulations
137. (1) A lecture or presentation by an officer shall be
governed by the following rules:
(a) no question of payment either to the officer
employed in the preparation or delivery of the
lecture or presentation, or to the Service, shall
arise in connection with the lecture or
presentation that is necessary or desirable in
order to enable the Service to carry out its
recognised duties to the community;
(b) a lecture or presentation which is not necessary
for departmental purposes may be given by an
officer who is an expert in a particular subject,
whether or not he has specialised in this subject
in his official capacity; and in all such cases, if
the subject matter is related to the work or the
policy of the Service, or if the officer is to be
announced by his departmental title, the prior
written permission of the Assistant
Commissioner is required with the object of
ensuring that—
(i) there is nothing in the lecture or
presentation contrary to the public
interest or inconsistent with the status of
an officer; and
(ii) the standing of the officer is sufficient to
justify the delivery by him of a lecture or
presentation under his departmental title.
(2) Subject to subregulation (1), and to the due
observance of any professional rule that may be in force as to the
acceptance of remuneration for the preparation or delivery of a
lecture or presentation, an officer is entitled to make his own
terms with the broadcasting authority, but in these cases the work
involved in the preparation and delivery of the lecture or
presentation shall be done outside official hours.
138. A senior officer shall not berate an officer junior in rank
in the presence or hearing of an officer junior to the officer being
berated or in the presence or hearing of any member of the public.
Rules relating
to lecture or
presentation.
Reprimand of
officer.
UNOFFICIAL VERSION
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139. (1) An officer shall always appear in the public view
properly dressed, cleanly and smartly turned out, smart in his
movements, and respectful in his bearing and manner.
(2) An officer on duty shall not wear items of jewelry
and trinkets for personal adornment, except a wristwatch, a
bracelet for “allergy alert” and no more than two rings.
(3) In the case of a male officer on duty—
(a) the hair on his head shall be kept short;
(b) the chin and under lip shaven;
(c) facial hair shall not be worn; and
(d) the shaving of the upper lip is optional.
(4) In the case of a female officer on duty—
(a) the hair on her head shall not be worn lower
than the nape of her neck;
(b) unnatural hair colours and hair decoration shall
not be worn;
(c) fingernails shall be kept short and only natural
nail polish shall be used; and
(d) make-up shall be simple and kept to a minimum.
(5) When a female officer on duty is exempted from
wearing regulation shoes, she shall wear footwear as prescribed
by an orthopedic specialist.
140. (1) An officer shall not incur a debt that he knows or
ought to know he is unable to discharge or which is likely to
impair his efficiency or to bring the Service into disrepute.
(2) The Assistant Commissioner may require an officer
to authorise deductions from his pay for the repayment of any
debt to the Government.
(3) An officer who finds himself unable to discharge a
debt he has incurred shall inform the Assistant Commissioner as
soon as possible in the form prescribed in Schedule 3.
(4) Where the Assistant Commissioner has reasonable
grounds to believe that an officer is unable to discharge a debt
which he has incurred, the Assistant Commissioner shall direct
Appearance and
turnout.
Indebtedness.
Schedule 3.
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the officer to complete and submit the form prescribed in
Schedule 3 within a specified period.
141. An officer who has been declared a bankrupt or against
whom bankruptcy proceedings have been taken or who becomes
insolvent shall, within seven days of the occurrence of the fact,
report the fact in writing to the Assistant Commissioner.
142. Except with the written permission of the Assistant
Commissioner, an officer shall not accept a gift or reward from a
member of the public or an organisation.
143. Notwithstanding regulation 142, 146 or 148, an officer
may accept a gift offered by—
(a) a representative of a foreign government on the
occasion of an official visit to that country or on
the visit of a representative of a foreign
government to this country;
(b) a community organisation, on a social occasion
where the gift represents the appreciation of the
organisation for his contribution to the work or
achievement of the organisation; or
(c) any person on a celebratory occasion.
144. An officer shall not receive a gift or reward from a
subordinate officer except with the written permission of the
Assistant Commissioner.
145. (1) An officer who—
(a) desires to initiate legal proceedings against any
person; or
(b) is charged with a criminal offence and is
brought before a Court,
shall promptly inform the Assistant Commissioner, in writing.
146. (1) An officer who contravenes any of these
Regulations commits a disciplinary offence.
Schedule 3.
Bankruptcy.
Gift or reward.
Exception to
gift.
Officer not to
accept present
from
subordinate
officer.
Legal
proceedings.
Offences.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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(2) Without prejudice to the generality of subregulation (1),
an officer is liable to be charged with a disciplinary offence if he
commits any of the following:
(a) discreditable conduct, that is to say, if an officer
acts in a disorderly manner prejudicial to
discipline or reasonably likely to bring discredit
to the Service;
(b) insubordinate or oppressive conduct, that is to
say, if an officer—
(i) is insubordinate by word, act or demeanour;
(ii) is oppressive or tyrannical in his conduct
towards an officer of a lower rank;
(iii) uses obscene, abusive or insulting
language to another officer; or
(iv) assaults another officer;
(c) disobedience to orders, that is to say, if an
officer disobeys or without good and sufficient
cause omits or neglects to carry out a lawful
order, written or otherwise;
(d) neglect of duty, that is to say, if an officer—
(i) neglects, or without good and sufficient
cause omits, promptly and diligently to
attend to or carry out anything which is
his duty as an officer;
(ii) withholds a report or allegation against
another officer;
(iii) is not alert while on duty;
(iv) fails to work his beat in accordance with
orders, or leaves his beat, point or other
place of duty to which he has been
ordered, without due permission or
sufficient cause;
(v) permits a prisoner to escape;
(vi) fails to report a matter which is his duty
to report;
(vii) fails to report anything which he knows
concerning a criminal charge, or fails to
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disclose any evidence which he, or any
person within his knowledge, can give for
or against any prisoner or defendant to a
criminal charge;
(viii) omits to make any necessary entry in any
official document or book; or
(ix) neglects or without good and sufficient
cause omits to carry out any lawful
instruction of the Police Medical Officer
or, while absent from duty on account of
sickness, does any act or conduct
calculated to retard his return to duty;
(e) falsehood or prevarication, that is to say, if an
officer—
(i) knowingly makes or signs a false
statement in an official document or book;
(ii) wilfully or negligently makes any false,
misleading or inaccurate statement; or
(iii) without good and sufficient cause
destroys or mutilates any official
document or record, or alters or erases
any entry therein;
(f) breach of confidence, that is to say, if an officer—
(i) divulges any matter which it is his duty to
keep secret;
(ii) gives notice, directly or indirectly, to a
person against whom a warrant or
summons has been or is about to be
issued, except in the lawful execution of
such warrant or service of such summons;
(iii) without proper authority communicates
by any means to the public, press, or to
any unauthorised person, any matter
connected with the Service;
(iv) without proper authority shows to any
person outside the Service any book or
written or printed document which is the
property of the Service;
UNOFFICIAL VERSION
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(v) makes any anonymous communication to
the Commission, Assistant Commissioner
or an officer in a senior office;
*(vii) signs or circulates any petition or
statement with regard to any matter
concerning the Service, except through
the proper channel; or
(viii) calls or attends any unauthorised meeting to
discuss any matter concerning the Service;
(g) corrupt practice, that is to say, if an officer—
(i) fails to account for or to make a prompt and
correct return of any money or property
received by him in his official capacity;
(ii) directly or indirectly solicits any gratuity,
gift or reward, subscription or testimonial
without the consent of the Assistant
Commissioner;
(iii) places himself under pecuniary
obligation to any person who holds a
licence concerning the granting or
renewal of which the Police may have to
report or give evidence; or
(iv) improperly uses his position as an officer
for his private advantage;
(h) unlawful or unnecessary exercise of authority,
that is to say, if an officer—
(i) without good and sufficient cause makes
an unlawful or unnecessary arrest;
(ii) uses unnecessary violence to a prisoner or
other person with whom he may be
brought into contact in the execution of
his duty; or
(iii) is uncivil to a member of the public;
(i) malingering, that is to say, if an officer feigns or
exaggerates any sickness or injury with a view
to evading duty;
*There is no subparagraph (vi)
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(j) absence without leave or being late for duty, that
is to say, if an officer, without reasonable excuse,
is absent without leave or is late for any duty;
(k) loss or damage to clothing or other property
supplied, that is to say, if an officer—
(i) wilfully or by carelessness abandons,
causes any loss or damage to any
clothing, accoutrements, or to any book,
document or other property of the Service
supplied to him or used by him or
entrusted to his care; or
(ii) fails to report any loss or damage as
mentioned in subparagraph (i);
(l) drunkenness, or drug taking, that is to say, if an
officer, while on or required for duty, is unfit for
duty through the taking of intoxicating liquor or
dangerous drugs;
(m) drinking on duty or soliciting drink, that is to
say, if an officer—
(i) drinks intoxicating liquor while he is
on duty;
(ii) demands or endeavours to persuade any
other person to give him, or to purchase
or obtain for him, any intoxicating liquor
while he is on duty; or
(iii) reports for duty under the influence of
intoxicating liquor or with the odour of
intoxicating liquor on his breath;
(n) entering licensed premises, that is to say, if
without permission or reasonable excuse an
officer enters while on duty, any premises licensed
under any written law or any other premises where
intoxicating liquor is stored or distributed;
(o) lending, borrowing or accepting money, that is to
say, where an officer compromises his ability to
discharge his responsibility by lending, borrowing
or accepting money from another officer;
UNOFFICIAL VERSION
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(p) being an accessory to a disciplinary offence,
that is to say, if an officer connives at or is
knowingly an accessory to a disciplinary
offence; or
(q) using any property or facility of the Service
without the written consent of the Assistant
Commissioner for a purpose not connected with
his official duties.
(3) An officer who is suspected of being under the
influence of dangerous drugs or intoxicating liquor is required to
submit to a breath test or analysis or a laboratory analysis to
determine his blood alcohol concentration in accordance with the
Motor Vehicles and Road Traffic Act.
PART XIII
DISCIPLINARY PROCEDURE
147. An officer who fails to comply with these Regulations, or
any order or directive for the time being in force in the Service
commits a disciplinary offence and is liable to disciplinary
proceedings in accordance with the procedure prescribed in this Part.
148. (1) When a report or allegation is received by the
Assistant Commissioner from which it appears that a municipal
police officer may have committed an offence, and the
Assistant Commissioner is of the opinion that the public
interest or the repute of the Service requires it, the Commission
on the advice of the Assistant Commissioner may in writing,
direct the officer to cease to report for duty until further notice,
and an officer so directed shall cease to perform the functions
of his office immediately.
(2) An officer who is directed to cease to perform the
duties of his office in accordance with subregulation (1) shall
continue to receive full pay until such date as shall be specified
in an order made by the Assistant Commissioner.
149. (1) Where disciplinary proceedings for his dismissal are
instituted or criminal proceedings are instituted against an officer
Ch. 48:50.
Disciplinary
proceedings.
Suspension.
Interdiction.
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and the Assistant Commissioner is of the opinion that the public
interest or the repute of the Service requires that the officer
should immediately cease to perform the functions of his office,
the Assistant Commissioner shall advise the Commission, before
making a decision whether or not to interdict the officer, inform
the officer in writing of his intention to interdict him and give the
officer an opportunity to be heard.
(2) An officer interdicted shall receive such proportion of
the pay of his office, not being less than one-half, by the Commission,
on the advice of the Assistant Commissioner as determined after
taking into consideration the officer’s monthly deductions.
(3) Where an officer is interdicted and criminal or
disciplinary proceedings are determined in his favour, and
notwithstanding an appeal is filed by the State in relation to the criminal
proceedings, he is entitled to the full amount of the remuneration which
he would have received if he had not been interdicted.
(4) Where a decision is given in favour of an officer
interdicted under subregulation (1), the interdiction order shall
immediately cease to have effect.
(5) If disciplinary proceedings against an officer result
in any punishment other than dismissal, the officer shall be
allowed such pay as the Commission on the advice of the
Assistant Commissioner may in the circumstances determine.
(6) Where an officer is interdicted and criminal or
disciplinary proceedings are not determined in his favour, and he
files an application for review or an appeal, as the case may be,
the interdiction order shall continue to have effect until the
completion of the review or appellate process.
(7) Notwithstanding subregulations (2) to (6), the Assistant
Commissioner may quash an interdiction order at any time and the
officer is entitled to the full amount of the remuneration that he
would have received if he had not been interdicted.
150. Where an officer is suspended under regulation 148 or
interdicted under regulation 149, he shall report in person once per
month to the Officer in Charge where he lives, and the Officer in
Charge shall report that fact in writing to the Assistant Commissioner.
Reporting in
person.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
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Municipal Police Service Regulations [Subsidiary]
151. (1) The Assistant Commissioner may establish
disciplinary tribunals at any Municipal Police Station consisting
of such number of officers as he considers necessary to conduct
disciplinary proceedings.
(2) A disciplinary tribunal established by the Commission
on the advice of the Assistant Commissioner shall exercise such
powers as may be delegated to it by the Commission.
152. (1) The Assistant Commissioner shall designate an
officer of the First Division, who is not the head of the Station,
as the “disciplinary officer” in each Station, and the disciplinary
officer shall be responsible for receiving all complaints against
an officer by any person, including a member of the public or an
officer, and he shall maintain a record of all such complaints.
(2) Where a member of the public or an officer makes a
complaint against an officer (hereinafter referred to as “the
officer concerned”) to another officer junior in rank to the officer
concerned, or such junior officer finds the officer concerned
committing a disciplinary offence; such junior officer shall
inform the disciplinary officer of the complaint as soon as
possible in writing.
(3) The disciplinary officer shall, within seven days
from the date he is informed of the complaint under
subregulation (2) or (11), appoint an investigating officer who
shall give the officer concerned a written notice stating the
specific nature of the complaint, that the matter shall be
investigated and the officer concerned may, within seven days of
receipt of the written notice, give to the disciplinary officer an
explanation in writing concerning the complaint.
(4) The investigating officer shall hold an office higher
than that of the officer concerned.
(5) Subject to subregulation (6), the investigating
officer shall promptly but not later than thirty days after his
appointment, investigate the matter, produce a report of his
investigations and forward the report to the disciplinary officer.
Disciplinary
tribunal.
Procedure on
alleged
commission of
offence.
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(6) The investigating officer may apply to the disciplinary
officer during the time specified in subregulation (5) for an
extension of time but shall not be granted an extension exceeding
thirty days to forward his report to the disciplinary officer.
(7) Where, in the explanation given under subregulation (3),
the officer concerned makes an admission of guilt, the investigating
officer shall forward the matter to the disciplinary officer who shall
forward it to a disciplinary tribunal which shall determine the penalty
to be imposed without further enquiry.
(8) Where the disciplinary officer, based on the results
of the investigation under subregulation (3), finds that the
complaint is without substance he shall so inform the officer
concerned and the record of the complaint and of the
investigation shall be immediately forwarded to the Assistant
Commissioner for his final determination.
(9) Where the disciplinary officer, based on the results
of the investigation under subregulation (3), finds that there is
substance in the complaint he shall cause the officer concerned
to be charged for any disciplinary offence disclosed and refer the
matter to the disciplinary tribunal not later than twenty days from
the date of the charge.
(10) The disciplinary officer shall cause a copy of the
charge to be served on the officer concerned and the charge shall
contain the particulars of the time, date and place of the hearing.
(11) Where an officer finds an officer of a lower rank
than him committing a disciplinary offence or receives a report
from another officer or a member of the public, the senior officer
shall warn the officer in writing that he may be charged for a
disciplinary offence and shall refer the matter to the disciplinary
officer immediately.
(12) Where an officer is warned under subregulation (11),
subregulation (2) shall not apply.
153. (1) Where the officer admits the charge he shall be
allowed to state any extenuating circumstances in mitigation and
the disciplinary tribunal may impose any penalty within its
delegated powers.
Power of
disciplinary
tribunal.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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(2) Where the officer denies the charge the disciplinary
tribunal shall proceed to hear and determine the matter.
(3) A disciplinary tribunal has the power to dismiss the
charge on any ground, or find the officer guilty of the charge and
impose a penalty that it is authorised to impose by law.
154. (1) It shall be the duty of every person appointed to hear
the evidence, find the facts and determine the charge, to do so as
soon as possible.
(2) Where an officer who is a member of a disciplinary
tribunal of three or more members is absent for whatever
reason, including the grant of sick leave, the disciplinary
tribunal may continue to hear and determine the matter in the
absence of that officer, but the tribunal shall not be constituted
of less than two members.
155. An officer who is charged with an offence shall not,
without the written permission of the Assistant Commissioner, be
permitted to take leave, other than sick leave or maternity leave,
until the determination of the charge.
156. (1) Where an officer fails to give an explanation under
regulation 156(2) or fails to admit or deny the charge, the hearing
shall proceed as though the officer denied the charge.
(2) The following procedure shall apply to a hearing by
a disciplinary tribunal:
(a) the officer shall be given full opportunity to
defend himself;
(b) the case against the officer may be presented by
another officer, but that officer shall be the holder
of an office higher than that of the officer charged;
(c) at the hearing the officer may conduct his
defence either in person or may be represented
by another officer of his choice or by his staff
association or by an Attorney-at-law, except
where the hearing is before a disciplinary
tribunal constituted of one officer, the officer
Duty of
officers
appointed to
disciplinary
tribunal.
Officer on
charge not to
be permitted
leave.
Procedure at
hearing.
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charged shall not be represented by an
Attorney-at-law, and the officer or his
representative may cross-examine the witnesses
called in support of the case against him; and
(d) a true record of the proceedings shall be taken.
(3) Nothing in this regulation shall be construed so as to
deprive the officer from making a submission at any time that the
facts disclosed in the evidence do not support the charge.
157. (1) The officer shall be allowed to state the names and
addresses of any witnesses whom he may desire to give evidence
at the hearing of the matter.
(2) Any such witness who is an officer shall be ordered
to attend at the hearing and any other witness shall be given due
notice that his attendance is desired and of the date, time and
place of the hearing.
(3) The disciplinary tribunal may order that a witness be
granted a sum for reasonable out of pocket expenses.
158. The hearing of any charge may be adjourned from time
to time as may appear necessary for due hearing of the case, but
not longer than fourteen days.
159. The proceedings before a disciplinary tribunal shall be
held in private.
160. If an officer does not attend the hearing of the charge
against him without good reason, the hearing may proceed and
conclude in his absence, but if good reason is given to the
disciplinary tribunal or on behalf of the officer why he is unable
to attend the hearing, the hearing shall be adjourned.
161. Where the prosecutor is absent without satisfactory
explanation, the disciplinary tribunal shall adjourn the matter and
so inform the Officer in Charge of the Station where the
prosecutor is posted and that officer shall make inquiries and
inform the tribunal in writing, before the next hearing, why the
prosecutor was absent.
Witnesses.
Adjournment of
hearing.
Proceedings in
private.
Hearing in
absence of
accused officer.
Hearing in
absence of
prosecutor.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
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162. (1) The standard of proof in any proceedings under this
Part shall be that required in a Court in civil cases.
(2) The rules governing the admissibility of evidence
shall be observed but the rules relating to the proof of
documents may be waived except where a document is an issue
in the proceedings.
(3) No documentary evidence shall be used against the
officer unless he has previously been supplied with a copy of it
or given access to it.
163. The disciplinary tribunal shall make a confidential report
to the Assistant Commissioner and the report shall contain the
facts, decision, reasons and any comments thereon it considers
advisable.
164. (1) Where, during the course of the hearing of a charge,
it appears to the disciplinary tribunal that there is evidence which
could form the basis of another charge for which the penalty is
within its delegated authority, the disciplinary tribunal shall—
(a) cause the officer to be charged for the other
offence;
(b) proceed to hear and determine the original
charge; and
(c) subject to subregulation (2), proceed to hear and
determine the other charge.
(2) Where an Officer is charged for another offence
under subregulation (1), the disciplinary tribunal shall adjourn
the hearing of the other offence, if requested by the officer, for
not more than seven days.
165. (1) Where a disciplinary tribunal has heard the
evidence, found the facts and is of the opinion that the
appropriate penalty for any offence is dismissal it shall make a
report to the Assistant Commissioner.
(2) The Assistant Commissioner shall consider the report
of the disciplinary tribunal submitted under subregulation (1) and
may or may not dismiss the officer or impose any other penalty
specified in regulation 173.
Standard of
proof.
Tribunal to
report.
Further offence
before
disciplinary
tribunal.
Disciplinary
tribunal may
report to
Assistant
Commissioner.
UNOFFICIAL VERSION
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166. Where a disciplinary tribunal on hearing the evidence
finds that the evidence is insufficient to support the charge or
charges it shall dismiss the matter, without calling on the officer
for his defence.
167. (1) At the conclusion of a matter, the disciplinary
tribunal shall inform the officer who is convicted that he may—
(a) appeal the decision of the tribunal to the
Commission; and
(b) apply, in writing, to the Assistant Commissioner
for a copy of the record of the proceeding.
(2) The Assistant Commissioner shall, as soon as
possible after making a decision under regulation 165, inform the
officer in writing of the—
(a) decision;
(b) right to appeal the decision to the Police Service
Commission; and
(c) right to apply, in writing, to the Assistant
Commissioner for a copy of the record of the
proceedings.
(3) Where the officer—
(a) files an application for a review, the penalty
shall not take effect pending determination by
the reviewing authority; and
(b) does not file an application for review, the
penalty shall take effect at the expiration of the
time specified in any written law for filing
such application.
(4) Where an officer is informed that the penalty
imposed on him is dismissal, the officer, notwithstanding that he
files an application for review within the time specified in the
written law, shall not receive any pay or allowances from the date
specified by the Assistant Commissioner.
(5) The failure to inform an officer of his right to file an
application for review or to apply for a copy of the record of the
proceedings shall not invalidate the decision of the Assistant
Commissioner or a disciplinary tribunal.
Insufficient
evidence before
disciplinary
tribunal.
Informing
officer of
decision and his
right of review.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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168. Where, after considering the report of the disciplinary
tribunal submitted under regulation 165, the Assistant
Commissioner is of the opinion that the officer does not deserve
to be dismissed by reason of the charges alleged but that the
proceedings disclose other grounds for removing him from the
Service in the public interest, the Commission on the advice of
the Assistant Commissioner may make an order for the removal
of the officer without recourse to the procedure prescribed by
regulation 32.
169. (1) The following are the penalties that may be imposed
by the Assistant Commissioner in disciplinary proceedings
brought against an officer in respect of a disciplinary offence:
(a) dismissal, that is, termination of appointment;
(b) reduction in an office, that is, removal to another
grade with an immediate reduction in pay;
(c) reduction of remuneration, that is, an immediate
adjustment of remuneration to a lower point on
the scale of remuneration attached to the
particular office;
(d) deferment of increment, that is, a postponement
of the date on which the next increment is due,
with corresponding postponements in
subsequent years;
(e) stoppage of increment, that is, no payment for a
specified period of an increment otherwise due;
(f) fine; or
(g) reprimand.
(2) Where a fine is imposed, the amount of such fine
shall be deducted from the pay of the officer in such manner as
may be determined by the Commission on the advice of the
Assistant Commissioner.
170. (1) An officer convicted of a criminal charge and
sentenced to imprisonment without the option of a fine or
convicted of a criminal charge involving dishonesty or fraud shall
not receive any pay or allowance after the date of conviction.
Assistant
Commissioner
may remove
officer in public
interest.
Penalties.
Non-payment
of remuneration
on conviction
for a criminal
offence.
UNOFFICIAL VERSION
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(2) The Commission, on the advice of the Assistant
Commissioner may direct that an officer convicted of a criminal
charge shall cease to perform the duties of his office immediately.
(3) Notwithstanding that an officer referred to in
subregulation (1) has appealed against his conviction, he shall
not receive any pay or allowance after the date of conviction.
PART XIV
RECOGNITION OF MUNICIPAL POLICE SERVICE
ASSOCIATION
171. (1) In this Part—
“applicant association” means an association making an
application;
“application” means an application made under regulation 172;
“association” means an association formed under the Municipal
Corporations Act;
“member” means an officer who has paid by way of subscription
to an association for a continuous period of two months
immediately prior to the date on which an application is
made, the sum required by the rules of that association;
“Minister” means the Minister assigned with responsibility
for finance;
“objecting association” means an association making an
objection under regulation 174.
(2) For the purpose of these Regulations, where an
officer is a member of an appropriate recognised association, any
subscription paid by him to any other association shall not be
taken into account for the purpose of determining membership of
that other association.
172. (1) An association seeking recognition as an
appropriate association shall apply in writing to the Minister.
(2) An application shall be accompanied by—
(a) a document from the Registrar General
certifying that the rules of the association have
been filed under section 36(2) of the Act;
Interpretation
of Part XIV.
*Application
for recognition.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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(b) a copy of the rules of the association;
(c) a list of the names of members of the
association that the association purports to
represent and of the class and any category of
office into which those members fall; and
(d) an affidavit made by the person authorised by
the executive of the association testifying that at
the date of the application—
(i) no member of the association is a
member of any other association; and
(ii) the membership of the association
comprises more than fifty per cent of the
persons falling into the class that the
association purports to represent.
173. The Minister shall within seven days of receipt of
an application cause a notice to be published in the
Gazette stating—
(a) the date of the application, the name of the
applicant association and the place where the
documents specified in regulation 172(2)(b)
and (c) may be examined; and
(b) that unless an association objects before the
expiry of fourteen days from the date of the
publication of the notice, the application shall
be determined under the Act.
174. (1) An association may object to an application by
writing to the Minister before the expiry of fourteen days from
the date of the publication of the notice referred to in
regulation 173(b).
(2) The grounds for an objection shall be—
(a) that more than fifty per cent of the class that the
applicant association purports to represent, are
already represented by the objecting
association; or
(b) that the members of the application association
are members of the objecting association.
Publication of
application.
Objection to
application.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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(3) The Minister on receipt of those objections shall
cause the applicant association to be informed in writing of the
objection of the objecting association.
(4) The applicant association may respond to those
objections in writing to the Minister no later than seven days of
being so informed.
175. (1) Where an application is made, or where an objection
is made to the Minister under regulation 174(1), the Minister
may require the applicant association or the objecting association
to produce before the expiry of seven days of the date of the
application or the objection, such books, records or other
documents as he thinks fit.
(2) The Minister shall cause any books, records or other
documents produced by an association under subregulation (1) to
be examined in order to ascertain—
(a) the membership of the association; and
(b) which association is representative of more than
fifty per cent of a class of officers.
176. The Minister shall make his determination under section 34
of the Act no later than thirty days from the date of the notice
referred to in regulation 173, and in so doing shall consider any
objections or responses to those objections made under
regulation 174(1).
177. The Minister, upon being satisfied that an association
satisfies section 34 of the Act, shall cause a notice of recognition
of that association as the appropriate recognised association to be
published in the Gazette together with any withdrawal of
recognition from an appropriate recognised association under
section 34 of the Act, as may be necessary.
178. (1) Subject to the exigencies of the Service, special duty
leave with full pay up to fourteen days per year may be granted
by the Assistant Commissioner to an officer who is required to
attend a conference in or outside of the State as a delegate of an
appropriate recognised association.
Examination of
records.
Decision of
Minister.
Public
recognition.
Special duty
leave and time
off.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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(2) Leave granted to an officer under subregulation (1)
shall not affect his entitlement to vacation leave.
(3) An officer who is a member of an appropriate
recognised association and who is authorised to do business for
that association shall be allowed time off to do such business by
the Assistant Commissioner if the work of the Service would not
be unduly affected.
(4) An application for leave or time off under this
section shall, as far as practicable, be made well in advance of
the commencement of such leave or time off.
PART XV
GRATUITIES AND PENSIONS
179. (1) The computation and authorisation of gratuities and
pensions of officers whose retirement from a Municipal Police
Service is known to be impending shall be treated as urgent
matters of high priority.
(2) The Assistant Commissioner shall ensure that
particulars of service and pay of all officers whose retirement is
known to be imminent are furnished accurately to the
Comptroller of Accounts not less than three months before the
date on which the officers concerned are due to retire, in order to
enable the computation and checking of pensions, retiring
allowances and gratuities to be completed by the Comptroller of
Accounts and the Auditor General and submitted for
authorisation before the date on which the retirement of the
officer from the Service is due to take effect.
180. (1) As a contribution towards the special superannuation
allowances provided to officers, there shall be deducted from the
pay of every officer a sum at such yearly rate as the President from
time to time directs, not being a greater rate than one and one-
quarter per cent and all such sums shall be paid to the Comptroller
of Accounts on or before the eighth day of every month.
(2) In the event of an officer leaving the Service by
reason of dismissal without being eligible for a pension or
gratuity under any written law, he is entitled to the return in full,
Computation of
gratuity, etc., a
matter of high
priority.
Contribution to
superannuation
allowances.
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of all deductions made from his pay under subregulation (1), but
the President may direct that any amount due to the State in
respect of any liability or defalcation be deducted from any
amount so returnable.
(3) In addition to the contribution payable under
subregulation (1), an officer shall, if the case so requires, pay
arrears of contribution in respect of his full-time service as an
officer or in a pensionable office in the Public Service or in
respect of both.
(4) The arrears of contribution payable under sub-
regulation (3) shall be determined on the basis of the actual pay
received by the officer for each year in respect of which the
arrears are payable and the aggregate amount thereof shall, in the
case of an officer who retires from the Service, be deducted from
his pay, as far as practicable, by equal monthly instalments, over
a period of three years from the above-mentioned date or such
lesser period, where the remainder of the service of the officer in
the Service is less than three years, or from his gratuity, by lump
sum, where any arrears of contribution are unpaid on the
retirement of such officer.
(5) In subregulation (3), “Public Service” has the same
meaning as in the Pensions Act and includes service in the Fire
Service established under the Fire Service Act, in the Prison
Service established under the Prison Service Act, and as a full-
time member of the Special Reserve Police established by the
Special Reserve Police Act.
181. (1) Subject to subregulation (2), an officer who is
physically or mentally disabled may retire and, if he has
completed ten years of satisfactory service, he may be granted a
monthly pension not exceeding 1/480th of a month’s pay for
each completed month of service.
(2) A pension shall not be granted under subregulation (1)
unless it is stated in a certificate of a Medical Board that the
officer to whom the certificate refers is incapable from infirmity
of mind or body of performing the duties of his office and that
such infirmity is likely to be permanent.
Ch. 23:52.
Ch. 35:50.
Ch. 13:02.
Ch. 15:03.
Pension to
officer in
special cases.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
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(3) Subject to this regulation, an officer who is not
disabled, has attained the age of fifty years and has served in the
Service for not less than ten years may be granted a monthly
pension not exceeding 1/480th of a month’s pay for each
completed month of service.
(4) For the purpose of regulation 183(3) and
subregulation (3), a period of full-time service in a pensionable
office in the Service shall be counted as service in the Service if
it terminates not earlier than the day immediately preceding the
commencement of service in the Service.
(5) In subregulation (4), “full-time service” means
service remunerated at a monthly-paid rate and includes any
period of absence from duty on leave with full pay.
(6) The amount of any pension payable to an officer
under this regulation shall not exceed eighty-five per cent of his
final pay for the year in which he retires.
(7) Where a period of service as an officer is or has been
immediately followed by service in a pensionable office in
another public service as defined in the Pensions Act, such an
officer, notwithstanding anything contained in subregulation (4),
is entitled to a monthly pension under the Act not exceeding
1/480th of a month’s pay for each completed month of service if
he has served in the Service for not less than ten years, and if he
ultimately retires from that other public service at an age less than
fifty years at which he is permitted by regulations of that service
to retire with a pension, the pension which may be granted to him
under the Act shall be payable from the date of such retirement,
notwithstanding that he shall not be fifty years of age.
(8) An officer may, if he has exercised his option as
provided in subregulation (9) but not otherwise, be paid, in lieu
of any pension for which he is eligible, a pension at the rate of
three-fourths of such pension together with a gratuity equal to
twelve and one-half times the amount of the annual reduction so
made in the pension.
Ch. 23:52.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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(9) The option referred to in subregulation (8) shall be
exercisable, and if it has been exercised may be revoked—
(a) not later than one month after the retirement of
the officer in case of a pension awarded under
subregulation (1) or (2); and
(b) not later than the day immediately preceding the
date of his retirement from another public
service in the case of a pension awarded under
subregulation (7), but the President may, if it
appears to him equitable in all the
circumstances to do so, allow such an officer to
exercise the option or revoke an option
previously exercised at any time between that
date and the actual date of award of pension
under the Act.
(10) The date of the exercise of the option by an officer
under subregulation (8) is deemed to be the date of the receipt of
his written notification addressed to the Assistant Commissioner.
(11) Subject to subregulation (8), if an officer has
exercised the option, his decision shall be irrevocable so far as
concerns any pension to be granted to him under this regulation.
(12) Where an officer has not exercised the option, and
dies after his retirement but before a pension has been awarded
under the Act, the President may grant a gratuity and a reduced
pension as provided for in subregulation (9) as if the officer
before his death, had exercised the option.
(13) Nothing in this subregulation shall be construed to
entitle an officer absolutely to any pension, or to prevent his
being dismissed without pension, subject to subregulations (14)
and (15), if such an officer to whom a pension has been granted
under the Act is sentenced to a term of imprisonment by a Court
in Trinidad and Tobago or elsewhere for any crime or offence, or
quits Trinidad and Tobago after having reason to know that a
charge of having committed any indictable or summary offence
has been laid against him, and before such charge has been heard
and determined, the President may direct that such pension shall
immediately cease.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
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(14) An officer whose pension has ceased in pursuance
of subregulation (13), and who at any time receives a pardon in
respect of the offence for which he had been convicted, is
entitled to have such pension restored to him with effect from the
date on which it was ceased.
(15) The President may, where a pension ceases for the
reasons set out in subregulation (13), cause all or any part of the
moneys to which the pensioner would have been entitled by way
of pension to be paid to or applied for the benefit of his wife or
children or, after the expiration of his sentence, for his personal
benefit in such proportions and manner as the President thinks
proper, and such moneys shall be paid or applied accordingly.
182. (1) Where an order of maintenance is made against an
officer to whom a pension has been granted under any written law,
the President may, on its being proved to him that there is no
reasonable probability of such order being satisfied, from time to
time cause to be deducted from the moneys payable to such person
such sum as the President may consider expedient and may cause
the same to be applied to satisfy wholly or partly the said order.
(2) Where an officer to whom a pension has been granted
has left Trinidad and Tobago and has deserted and left his wife or
child in Trinidad and Tobago without sufficient means of support and
by reason of such officer’s absence from Trinidad and Tobago is
unable and would, but for such absence, be able to obtain an order of
maintenance, the President may from time to time cause to be
deducted from the moneys payable to such officer by way of pension
such sum as the President may consider expedient and apply the
same for the maintenance and support of such wife or child.
183. (1) When an officer has been retired in accordance with
regulation 181(1), and regulation 181(2) has been satisfied, but
such officer has not served in the Service for ten years, he may
be granted by way of gratuity a sum not exceeding one-twelfth
of a month’s pay for each completed month of service.
(2) An officer who has served in the Service for more
than five years but less than ten years and who—
(a) does not at the end of any period of enlistment
or re-enlistment, re-enlist; or
Payments out
of pension.
Service for less
than ten years.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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(b) is dismissed or has his services dispensed with
may be granted by way of gratuity such sums
not exceeding one-twenty-fourth of a month’s
pay for each completed month of service.
184. (1) No pension, gratuity or other allowance shall be
granted in respect of a period of service that is broken by
dismissal or removal.
(2) Service is not broken where it is interrupted by one
or a combination of the following:
(a) one day;
(b) weekends;
(c) public holidays;
(d) suspension; or
(e) interdiction, where the outcome is favourable to
the officer.
185. (1) Subject to subregulation (2), where the President is
satisfied that an officer has been permanently injured—
(a) in the actual discharge of his duty;
(b) without his own default; and
(c) by some injury specifically attributable to the
nature of his duty,
and his retirement is thereby necessitated or accelerated, such an
officer may be granted in respect of such injury, in addition to
any pension or gratuity granted to him, an allowance in
proportion to his injury of such monthly amount as the President
may direct, not exceeding the following:
When his capacity to contribute to his support is—
Slightly impaired 1/12th of a month’s salary
Impaired 1/6th of a month’s salary
Materially impaired 1/4th of a month’s salary
Totally destroyed 1/3rd of a month’s salary
(2) An officer who is permanently injured while travelling
by air in pursuance of official instructions is deemed to have been
Broken service.
Permanent
injury.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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injured in the circumstances detailed in subregulation (1)(a) and (c)
and in any such case, if the provisions of subregulation (1)(b) are
also satisfied, the rates of allowances shall be one-eighth, one-
quarter, three-eighths, and one-half of a month’s pay respectively,
instead of the rates of allowance prescribed in subregulation (1).
(3) The allowance referred to in subregulation (1)
together with any pension granted hereunder shall not exceed
five-sixths of a month’s pay as at the date of injury and for the
purposes of this subregulation any exercise of the option
conferred by regulation 181(9) shall be ignored in calculating
any such pension.
(4) The allowance referred to in subregulation (1) shall
be less than the maximum specified in subregulation (3) by such
amount as the President thinks reasonable in the following cases,
namely:
(a) where the injured officer has continued to serve
for not less than one year after the injury in
respect of which he retires;
(b) where the injured officer is forty-five or more
years old at the date of the injury; or
(c) where the injury is not the sole cause of the
retirement.
(5) Before granting an allowance under subregulation (1),
the President shall be furnished with the report of a Medical
Board, so far as may be possible, on the matters relevant to his
decision, and shall be guided by such report.
(6) Where an injured officer has not qualified for any
pension under this Act but is entitled to a gratuity under
regulation 181(8) he may be granted, in lieu of such gratuity,
a further allowance of such monthly sum, not exceeding one-
twelfth of so many 480ths of a month’s salary as is equal to
the number of months he has actually served, as the President
may direct.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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186. (1) If an officer dies as a result of injuries received—
(a) in the actual discharge of his duty;
(b) without his own default; and
(c) on account of circumstances specifically
attributable to the nature of his duty,
while in the service of the Service, the President subject to
subregulation (2), may grant, in addition to the grant, if any,
made under regulation 181(3) where—
(d) the deceased officer leaves a spouse, a pension
to the spouse, while unmarried, according to
such scale as may from time to time be fixed by
the President;
(e) the deceased officer leaves a spouse to whom a
pension is granted under paragraph (d) and a
child, a pension in respect of each child, until
such child attains the age of eighteen years, of
an amount not exceeding one-eighth of the
pension payable under paragraph (d);
(f) the deceased officer leaves a child, but does not
leave a spouse or no pension is granted to the
spouse, a pension in respect of each child, until
such child attains the age of eighteen years, of
an amount not exceeding one-quarter of the
pension payable under paragraph (d);
(g) the deceased officer leaves a child and a spouse to
whom a pension is granted under paragraph (d),
and the spouse subsequently dies, a pension in
respect of each child, as from the date of the
death of the spouse until such child attains the
age of eighteen years, of an amount not
exceeding one-quarter of the pension payable
under paragraph (d);
(h) the deceased officer does not leave a spouse, or
if no pension is granted to his spouse and if his
mother was wholly or mainly dependent on him
for her support, a pension to the mother, whilst
she is without adequate means of support, of an
amount not exceeding the pension which might
have been granted to his spouse.
Pension to
dependant of
officer killed on
duty and
gratuity to
spouse, etc., of
officer who
dies in the
Service.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
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(2) A pension shall not be payable under subregulation (1)
at any time in respect of more than six children, and where there
are more than six children in respect of whom, but for this
subregulation, a pension would be payable, then the amount
payable in respect of six children shall be divided equally among
all such children during the period in which there are more than
six children of pensionable age.
(3) In the case of a pension granted under
subregulation (1)(f), if the mother is a widow at the time of the
grant of such pension and subsequently remarries, such pension
shall cease as from the date of the remarriage; and if it appears
to the President at any time that the mother is adequately
provided with other means of support, such pension shall cease
as from such date as the President may determine.
(4) A pension granted to a female child under sub-
regulation (1) shall cease upon the marriage of such child under
the age of eighteen years.
(5) For the purpose of subregulation (1), the word
“child” includes—
(a) a posthumous child;
(b) a stepchild born before the date of the injury
and wholly or mainly dependent upon the
deceased officer for support; and
(c) an adopted child, adopted in the manner
recognised by law, before the date of the injury,
and wholly or mainly dependent upon the
deceased officer for support.
(6) An officer who dies as a result of injuries received
while travelling by air in pursuance of official instructions is
deemed to have died in the circumstances mentioned in
subregulation (1)(a) and (c).
(7) If an officer dies while in the Service, the President
may grant to his spouse or to his children or to any of his
dependents a gratuity of an amount not exceeding one year salary
of such officer, or his commuted pension gratuity, if any,
whichever is the greater.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
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(8) Where an officer, to whom either an unreduced
pension or a gratuity and reduced pension has been granted, dies
after retirement from the Service, and the sums paid or payable to
him at his death on account of such unreduced pension, or gratuity
and reduced pension as the case may be, are less than the amount
of the annual salary enjoyed by him at the date of his retirement,
the President may grant to his spouse or to his children or to any
of his dependents a gratuity equal to the deficiency.
(9) For the purpose of subregulations (7) and (8)—
“commuted pension gratuity” means the gratuity, if any,
calculated in the manner prescribed in regulation 181,
which might have been granted to the officer if he had
retired immediately before his death in circumstances
rendering him eligible to receive a gratuity and reduced
pension instead of an unreduced pension; and
“dependent” means a spouse, child, including an adopted child
and a child of the family, parent, grandparent, step-parent,
brother, sister, half-brother, half-sister, or a person who
stood in loco parentis to the deceased officer whether
related to him by consanguinity or not.
PART XVI
MISCELLANEOUS PROVISIONS
187. (1) Any communication that an officer wishes to
address to the Assistant Commissioner shall be forwarded
through the senior officer under whom he is serving.
(2) The senior officer in forwarding a communication
from a junior officer is expected to comment and give advice on
the questions dealt with in such communication.
188. An official communication that an officer wishes to
address to a Government Official or Department shall be
forwarded to the Assistant Commissioner through the senior
officer under whom he is serving.
189. (1) Orders may be issued to officers as follows:
(a) Standing Orders, by the Commissioner and
Assistant Commissioner; and
Communication
to Assistant
Commissioner.
Official
communication.
Orders.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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(b) Service Orders, by the Commissioner and
Assistant Commissioner.
(2) The Assistant Commissioner may appoint a
committee to advise him on the issue of Standing Orders.
(3) The appropriate recognised association shall be
invited by the Assistant Commissioner to nominate
representatives to serve on a committee appointed under
subregulation (2).
190. The Assistant Commissioner may issue Standing Orders
to the Service setting out the books and other records to be kept
at Divisions, Branches, Stations or other Administrative or
Operational Units of the Service, the manner in which such
books or other records are to be kept, and how they should be
disposed of.
191. No erasures shall be made in any official book or
document but mistakes shall be crossed out and initialled, except
in the case of corrections in a Station Diary which shall be made
by the recording of a new entry correcting the original entry.
192. (1) The Assistant Commissioner shall bring all orders,
regulations and other official publications affecting officers to
their attention.
(2) The Assistant Commissioner shall circulate the
Gazette for the information of all officers.
193. (1) An officer shall have in his possession his pocket
diary at all times.
(2) An officer shall record in his pocket diary all entries
in relation to his duties.
194. Where an officer, who is charged other than by the police
with a criminal offence arising out of or in the course of the
execution of his duty, seeks legal aid in the conduct of his
defence, the Assistant Commissioner, if satisfied that the officer
acted in good faith in the execution of his duty, shall so report to
the Attorney General who shall decide whether the officer shall
be granted legal aid.
Standing
Orders with
respect to
books and other
records.
Corrections.
Circulation of
orders.
Pocket diary.
Legal aid.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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195. An officer shall inform the Assistant Commissioner in
writing when he changes his name and shall submit documentary
evidence of that fact as soon as possible.
196. (1) An officer of the First Division shall salute his
seniors in rank.
(2) An officer of the Second Division shall salute an
officer of the First Division.
(3) An officer shall salute such designated persons on
such occasions as the Assistant Commissioner may direct.
197. A record shall be kept in a register of all found property
in such manner as the Assistant Commissioner may direct.
198. (1) There shall be a Municipal Police Sports Club of
which every officer and trainee shall be a member and of which
the Assistant Commissioner shall be President.
(2) The Municipal Police Sports Club shall be managed
by a committee (“the Management Committee”) to be elected
annually by the members and approved by the Assistant
Commissioner.
(3) The Management Committee shall submit annually
to the Assistant Commissioner an audited financial statement of
the Sports Club.
(4) Members shall pay a subscription to be fixed by the
Assistant Commissioner after consultation with the Management
Committee.
(5) Rules for the general management of the Sports
Club shall be—
(a) made at the Annual General Meeting or at any
other general meeting called for the purpose;
(b) subject to the approval of the Assistant
Commissioner; and
(c) binding on all members of the Club.
Change of
name.
Saluting.
Register of
found property.
Sports Club.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Municipal Corporations Chap. 25:04 265
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L.R.O.
Municipal Police Service Regulations [Subsidiary]
199. A member of the Municipal Police Band shall not
participate as a player at any public or private entertainment
except with the written permission of the Assistant
Commissioner.
200. (1) The Municipal Police Band or part of the Band may,
with the written permission of the Assistant Commissioner, play
at any entertainment.
(2) Fees shall be charged for playing at such
entertainment at such rates as may be approved by the Assistant
Commissioner.
(3) Fees paid under subregulation (2) shall be paid in
advance and eighty per cent of it shall be divided amongst
members of the Band playing at such entertainment in such
proportion as the Assistant Commissioner shall direct and the
remainder shall be paid into the unincorporated Trust Fund.
201. These Regulations shall apply to every officer, whether
the officer is appointed to an office in the Service for an
indeterminate period, on probation or on contract.
Police Band.
Police Band to
play with
permission.
Application of
Regulations.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
266 Chap. 25:04 Municipal Corporation
LAWS OF TRINIDAD AND TOBAGO
[Subsidiary] Municipal Police Service Regulations
SCHEDULE 1
TRINIDAD AND TOBAGO MUNICIPAL POLICE SERVICE
APPLICATION FOR TRAINEE/BAND APPRENTICE
1. Surname ……………………….………….………………………..……..………………..
2. First Names ………………………..……..………………………..……..………………...
Other names known by (if any) …………..………………….…….…..…………………...
3. Present Address ……………………..….………………………………...……………..…
4. Home Address (if different from 3) ……....…………………………………………….....
………….........................…………………………………………………………………..
5. Full Postal Address …….……………………………………………………..……........…
……………………………………………………………………….……………...……...
6. Telephone Number ……………………….………….………….………....……………....
7. State full address or addresses at which you have resided over the last five (5) years:
Address Time
Attach recent
passport size
photograph
Regulations 4(1) and 6(1).
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Municipal Corporations Chap. 25:04 267
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L.R.O.
Municipal Police Service Regulations [Subsidiary]
8. Date of Birth …….........……………………………………
9. Citizenship …............………………………………………
10. (a) Father’s Name ………………….................. Nationality …......………….
(b) Mother’s Name ………………….............… Nationality …….....…..….....
11. What is:
(a) Your Occupation ……………...................……………………………
(b) Your Father’s Occupation ……………………...............………….…
(c) Father’s Present Address ………….....………………………………
(d) Your Mother’s Occupation ……….......…………………………...…
(e) Mother’s Present Address ………...............……………………....…
12. State below, in order of date, the schools you have attended:
Date of Particulars
Age of Scholarship, etc., and
Leaving whether School Prefect, etc.Name of School Entry Leaving
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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268 Chap. 25:04 Municipal Corporation
LAWS OF TRINIDAD AND TOBAGO
[Subsidiary] Municipal Police Service Regulations
From To
13. Academic or other Qualifications including musical ability, Certificates, etc., (G.C.E.,
‘O’ Levels and ‘A’ Levels, etc.):
………………..........………………………………………………………..……………
………………..........……………………………………………………………………..
14. Languages spoken …………………...........................……………..........………………
15. Give details of your employment since leaving school:
16. (a) Are you the holder of a driving permit? …………………...........................………..
(b) If so, state date of issue …………………...........................……………..........…..…
(c) Types and classes of vehicles you are permitted to drive …………………...............
(d) Driving Permit number …………………...........................……………............……
17. Give details of any special skill:
………………..........................…….........……………………………………………….
………………..................................……………………………………………………..
18. Married/Single ……..................……… If married, state Spouse’s Name and Address:
….………………...........…………............………………………………………………
……………….…………...........…………………………………………………………
19. Number and ages of children …………………………………………….…………….
20. State your height (in bare feet) and weight in (kg):
……………..…………….....................................................................................……….
Dates EmployedName and address of Capacity in which
employer employed
SCHEDULE 1—Continued
Reason for leaving
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Municipal Corporations Chap. 25:04 269
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Municipal Police Service Regulations [Subsidiary]
Period of Knowledge
of Candidate
From To
25. Attach at least (2) testimonials from persons other than those mentioned at 23 above.
I hereby declare that all the above statements made by me are true and correct to the best
of my knowledge and belief.
Date …………….........………. Signature of Applicant …………………...…………….
N.B.: Applications must be submitted to the Officer in Charge of the Municipal Police
Station nearest to which the applicant resides.
21. Details of any sports or other extra curricular activities in which you take part, and at
what level ………......………………………………...…………………………………
22. Have you ever been charged with or summoned before a Court for any offence?
…………..........………………………………………………………………………..…
If so, give particulars of offence, date, place, Court and result:
….......………...…………………………………………………………………………..
…………..........…………………………………………………………………………..
…………..........…………………………………………………………………………..
23. Give names and addresses of two citizens (not relatives) who have known you for not
less than five (5) years, and to whom reference may be made:
24.
Name Address Occupation
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
270 Chap. 25:04 Municipal Corporation
LAWS OF TRINIDAD AND TOBAGO
[Subsidiary] Municipal Police Service Regulations
SCHEDULE 2
TRINIDAD AND TOBAGO MUNICIPAL POLICE SERVICE
PROBATIONER’S ASSESSMENT
Number ................................................. Date Enlisted .............................................................
Name .....................................................
ASSESSMENT
Unsatisfactory
1. Has he/she shown sustained
interest in his/her duties?
2. Industry: Does he/she do
his/her full share of work?
3. Performance: Has his/her
work been generally of good
standard?
4. Is he/she clear and precise in
his/her speech and writing?
5. Has he/she been reasonable
in dealing with reports and
applying the law?
6. Has he/she been found
wanting in his/her behaviour
towards the public?
7. Is he/she amendable to
discipline?
8. Is his/her appearance and
turnout always of good
standard?
Improvement
Required Satisfactory
Above
Average
Regulation 13.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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Municipal Corporations Chap. 25:04 271
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L.R.O.
Municipal Police Service Regulations [Subsidiary]
9. Can he/she be depended
upon to perform duties
within his/her competence
without direct supervision?
10. Punctuality.
11. Absent from duty.
12. Does he/she have personal
problems, domestic,
financial or otherwise?
General remarks of Appraisal:
...................................................................................................................................................
...................................................................................................................................................
...................................................................................................................................................
Rank ..............................................................
........................................................... ..............................................................
Signature Date
Remarks of Officer in Charge of Division:
...................................................................................................................................................
...................................................................................................................................................
...................................................................................................................................................
Rank ..............................................................
........................................................... ..............................................................
Signature Date
Unsatisfactory ImprovementRequired Satisfactory
Above
Average
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
272 Chap. 25:04 Municipal Corporation
LAWS OF TRINIDAD AND TOBAGO
[Subsidiary] Municipal Police Service Regulations
SCHEDULE 3
STATEMENT OF INDEBTEDNESS
As at ...........................................20.......
Name .........................................................................................................................................
Rank ............................................. Married, Single or Other ..................................................
Division or Branch .......................................... Number of dependants ........................
Salary ........................................................................................................................................
Salary after deductions ..............................................................................................................
To whom Indebted
Name DateIncurred
Reason for which
Debt was incurred
How
Secured
Terms of
Repayment
Amount now
Outstanding
Date ................................................................ Signature .............................................
Regulation 140.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Municipal Corporations Chap. 25:04 273
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
[Subsidiary]
MUNICIPAL POLICE OFFICER (DUTY ALLOWANCE)
ORDER
made under section 60
1. This Order may be cited as the Municipal Police Officer
(Duty Allowance) Order.
2. A duty allowance of one thousand dollars shall be paid
to a Municipal Police Officer.
3. This Order is deemed to have come into operation on
1st October 2010.
391/2014.
Citation.
Duty allowance.
Commencement.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
