Naparima Bowl
NAPARIMA BOWL ACT
CHAPTER 40:51
LAWS OF TRINIDAD AND TOBAGO
Act
19 of 1969
Amended by
45 of 1979
L.R.O.
Current Authorised Pages
Pages Authorised
(inclusive) by L.R.O.
1–14 ..
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LAWS OF TRINIDAD AND TOBAGO
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Note on Subsidiary Legislation
This Chapter contains no subsidiary legislation.
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Naparima Bowl Chap. 40:51 3
CHAPTER 40:51
NAPARIMA BOWL ACT
ARRANGEMENT OF SECTIONS
SECTION
1. Short title.
2. Interpretation.
PART I
NAPARIMA BOWL BOARD
ESTABLISHMENT OF BOARD
3. Establishment and incorporation of Board.
4. Custody and use of seal.
PROCEDURE
5. Procedure and meetings of the Board and appointment of Chairman
and Deputy Chairman.
6. Appointment of Committees.
7. Directions as to policy.
VESTING OF PROPERTY IN THE BOARD
8. Assets and liabilities of the Board.
9. Remuneration of members of Board.
PART II
ADMINISTRATION
GENERAL
10. Act to be administered as a whole.
PERSONNEL
11. Appointment of officers and other employees.
12. Responsibility of officers.
Exemption from liability.
FINANCIAL PROVISIONS
13. Financial.
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ARRANGEMENT OF SECTIONS—Continued
SECTION
14. Guarantee of borrowings by Minister.
15. Repayment of sums issued to meet guarantee.
16. Funds and resources of Authority.
17. Application of revenue.
18. Investment of excess funds.
19. Auditing of accounts.
MISCELLANEOUS
20. General provisions as to bye-laws.
21. Act binds the State.
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LAWS OF TRINIDAD AND TOBAGO
Naparima Bowl Chap. 40:51 5
CHAPTER 40:51
NAPARIMA BOWL ACT
An Act to provide for the establishment of a Concert Hall in
the City of San Fernando and for the management and
control thereof.
[1ST JULY 1969]
1. This Act may be cited as the Naparima Bowl Act.
2. In this Act—
“appointed member” means a member of the Board appointed
under section 3;
“Board” means the Naparima Bowl Board established by
section 3;
“Chairman” means the Chairman of the Board and includes an
Acting Chairman;
“Financial Year” means the period of twelve months commencing
on the 1st January, in each year;
“Minister” means the Minister responsible for Education
and Culture;
“the Bowl” means the Naparima Bowl situate in the City of
San Fernando in the County of Victoria in Trinidad;
“the former Board” means the Naparima Bowl Board established
under section 4 of the Naparima Bowl Ordinance 1960
(repealed by this Act).
PART I
NAPARIMA BOWL BOARD
ESTABLISHMENT OF BOARD
3. (1) A Naparima Bowl Board is hereby established for the
purposes of this Act and is a body corporate.
(2) The Board shall consist of seven members appointed
by the Minister and shall be responsible for the management,
control and maintenance of the Bowl.
19 of 1969.
Commencement.
91/1969.
Short title.
Interpretation.
38 of 1960.
Establishment
and
incorporation
of Board.
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LAWS OF TRINIDAD AND TOBAGO
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Custody and use
of seal.
(3) Appointment to the Board shall, subject to the
provisions of subsections (5) and (6), be for a term of three years.
(4) Outgoing members shall be eligible for
reappointment to the Board.
(5) A member may at any time resign his office by
instrument in writing, addressed to the Minister.
(6) In the event of any member of the Board being either—
(a) absent without leave of the Board from three
consecutive statutory meetings of the Board; or
(b) failing to attend a minimum of eight statutory
meetings in any year commencing from the date
of his appointment to the Board,
the member shall be deemed to have vacated his office. However,
where the Board grants leave of absence to any of its members for
any such period as it thinks fit, this subsection shall not apply to
the member.
(7) The appointment of any person as a member and the
termination of appointment of any person as a member whether
by resignation or otherwise shall be published in the Gazette.
(8) Any appointment of a person as a member to fill the
vacancy occurring under subsection (5) or (6) shall be for the
unexpired portion of the term of the member to whose office he
was appointed.
(9) If any member of the Board is temporarily prevented
by illness or any other cause from exercising his function as a
member of the Board, the Minister may appoint some other person
to act in his stead for the period of the illness or incapacity.
4. (1) The seal of the Board shall be kept in the custody of
either the Chairman or the Deputy Chairman appointed under
section 5.
(2) The seal of the Board shall be attested by the signature
of the Chairman or one member of the Board duly authorised
by the Board to act in that behalf and the Honorary Secretary
appointed under section 5.
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(3) All documents, other than those required by law to
be under seal, made by and all decisions of the Board may be
signified under the hand of the Chairman or a member duly
authorised or the Honorary Secretary or the Manager appointed
under section 11 if so authorised by the Board.
PROCEDURE
5. (1) The Minister shall within one month of the
appointment of the Board appoint a Chairman and a Deputy
Chairman from among its members, whose appointments shall be
for a period of three years.
(2) The Board shall elect at its first meeting in every term,
from among its members an Honorary Secretary and an Honorary
Treasurer which offices may be held by one person for a period
not exceeding three years.
(3) The Board shall meet at least once a month and at
such other times as may be necessary or expedient for the
transaction of business and such meetings shall be held at such
place and time and on such days as the Board may determine.
(4) The Chairman may at any time call a special meeting,
and shall call a special meeting within seven days of receipt of a
requisition for that purpose addressed to him by any three members.
(5) The Chairman or in his absence the Deputy Chairman
shall preside at all meetings provided that in the case where both
Chairman and Deputy Chairman are absent, the Board shall
appoint a Chairman from among its members present to preside at
that meeting.
(6) Four members of the Board shall constitute a quorum.
(7) The Board shall be deemed to be properly constituted
for all purposes, notwithstanding any vacancy in its membership
or any defect in the appointment of its members.
(8) The Chairman or the Deputy Chairman may at any
time resign as Chairman or Deputy Chairman, as the case may be,
by instrument in writing addressed to the Minister.
Procedure and
meetings of the
Board and
appointment of
Chairman and
Deputy
Chairman.
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(9) The Chairman shall have an original vote and in any
case in which the voting is equal, the Chairman presiding shall
have a casting vote.
(10) Minutes in proper form of each meeting shall be kept
by the Honorary Secretary and shall be confirmed by the Chairman
or the Deputy Chairman or the Chairman presiding at the
subsequent meeting. Certified copies of the minutes when so
confirmed shall be forwarded to the Minister.
(11) The Board may co-opt any one or more persons to
attend any particular meeting of the Board for the purpose of
assisting or advising the Board but no such co-opted person or
persons shall have any right to vote.
(12) Subject to this section, the Board may regulate its
own proceedings.
6. (1) The Board may appoint committees to examine and
report to it on any matter whatsoever arising out of or connected
with any of its powers and duties under the Act.
(2) A committee appointed under subsection (1) shall
consist of at least one member of the Board and such other members
whether of the Board or not as the Board may decide whose
assistance or advice the Board may desire.
(3) Where persons not being members of the Board are
members of a Committee under this section, the Board may
with the approval of the Minister first had and obtained appoint
them on such terms and at such remuneration as the Minister
may approve.
(4) The Board may reject the report of any such committee
or adopt it either wholly or with such modifications, additions or
adaptations as the Board may think fit.
7. In the exercise and performance of its functions, powers
and duties under this or any other written law, the Board shall act
in accordance with any special or general directions given to it by
the Minister, but subject to this section, the Board shall, when
exercising and performing its functions, powers and duties, be
subject to the control and direction of no other person or authority.
Appointment of
Committees.
Directions as
to policy.
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LAWS OF TRINIDAD AND TOBAGO
Naparima Bowl Chap. 40:51 9
Assets and
liabilities of
the Board.
38 of 1960.
Remuneration
of members
of Board.
Act to be
administered as
a whole.
VESTING OF PROPERTY IN THE BOARD
8. (1) Upon the commencement of this Act—
(a) all land and other property of every kind including
things in action, vested or deemed to be vested
immediately before the commencement of this
Part, in the former Board (under the Naparima
Bowl Ordinance 1960—repealed by this Act—
or by any other right or title) are hereby vested in
the Board;
(b) all the rights, privileges and advantages, and all
the liabilities and obligations that immediately
before the commencement of this Part, the former
Board in relation to the matter respectively
referred to in paragraph (a) was entitled or subject
to, as the case may be, are hereby transferred to,
and conferred or imposed upon the Board for the
purposes of this Act.
(2) A reference in any deed, contract, bond or security or
other document to the former Board shall, upon the commencement
of this Act, be construed as a reference to the Board.
(3) Legal proceedings pending immediately before the
commencement of this Part by or against the former Board in
relation to the matters mentioned in subsection (1) may be
continued on and after that day by or against the Board as the
party to the proceedings instead of the former Board.
9. The Board may, subject to the approval of the Minister,
pay to each member such allowances if any, as the Board
thinks fit.
PART II
ADMINISTRATION
GENERAL
10. Subject to this Act, the Board may do all such things as
are necessary or convenient for the purpose of exercising the powers
and performing the duties and functions conferred or imposed on
it by this Act or any other written law.
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LAWS OF TRINIDAD AND TOBAGO
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Appointment
of officers
and other
employees.
[45 of 1979].
Responsibility
of officers.
Exemption from
liability.
Ch. 69:01.
PERSONNEL
11. (1) The Board may appoint, subject to the approval of
the Minister, on such terms and conditions as it thinks fit, a Manager
and such other officers and staff as may be necessary and proper
for the due and efficient performance by the Board of its duties
under this Act.
(2) An annual salary in a sum that is equivalent to or
exceeds the sum of twenty thousand dollars or such greater amount
as the Minister may prescribe shall not be assigned to any post
under this section without the prior approval of the Minister.
(3) The Manager is responsible for carrying out the
decisions of the Board and in the performance of his duties the
Manager is subject to the control of the Board.
12. (1) All officers charged with the receipt accounting for
or disbursement of moneys or with the custody or delivery of stores
or other property belonging to the Board shall be individually
responsible for the due and efficient discharge of the respective
duties, and for the exercise of proper supervision of the accounts
kept or controlled by them and of all property entrusted to their
care and for the due observance of all rules and regulations, and of
all orders and instructions prescribed for their guidance.
(2) No officer or member of the Board shall be liable to
surcharge and no action shall be brought personally against any
officer or member of the Board in respect of any act done
bona fide in the execution of their duties under this Act
notwithstanding section 31 of the Exchequer and Audit Act.
(3) When any member of the Board is exempt from
liability by reason only of the provisions of subsection (2), the
Board shall be liable to the extent that it would be if the said member
was a servant of the Board.
(4) The Board may require any officer or servant in its
service to give security to its satisfaction for the due performance
of his duties.
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LAWS OF TRINIDAD AND TOBAGO
Naparima Bowl Chap. 40:51 11
Financial.
Guarantee of
borrowings by
Minister.
FINANCIAL PROVISIONS
13. (1) The Board shall so exercise and perform its functions
as to ensure that its revenues are not less than sufficient to—
(a) cover operating expenses including taxes, if
any, and to provide adequate maintenance
and depreciation and interest payments
on borrowings;
(b) meet periodic repayment on any long-term
indebtedness to the extent that any such
repayment exceeds the provisions for
depreciation;
(c) create reserves for the purpose of
future expansion,
and the sums required for any purposes of the Board shall be met
out of the funds and resources of the Board.
(2) Subject to subsection (1), the Board may in such
manner as is considered appropriate, but subject to the approval of
the Minister of Finance borrow sums required by it for meeting
any of its obligations and discharging any of its functions.
14. (1) With the prior approval of Parliament, the Minister
may guarantee, in such manner and on such conditions as he may
think fit, the repayment of the principal and interest on any
authorised borrowing of the Board.
(2) Immediately after any guarantee is given under this
section, the Minister shall lay a statement of the guarantee before
Parliament.
(3) Where the Minister is satisfied that there has been
default in the payment of any principal or interest guaranteed under
the provisions of this section, he may direct the repayment out of
the general revenue of Trinidad and Tobago of the amount in respect
of which there has been default.
(4) Where any sum is issued for fulfilling such a
guarantee, the Minister shall, as soon as possible after the end of
each financial year beginning with that in which the sum is issued
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LAWS OF TRINIDAD AND TOBAGO
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Repayment of
sums issued to
meet guarantee.
Funds and
resources of
Authority.
Application of
revenue.
and ending with that in which all liability in respect of the principal
of the sum and in respect of interest thereon is finally discharged,
lay before Parliament a statement relating to that sum.
(5) In this section “Minister” means the Minister
responsible for Finance.
15. (1) The Board shall make to the Comptroller of Accounts,
at such time and in such manner as the Minister may direct,
payments of such amounts as may be so directed in or towards
repayment of any sums issued in fulfilment of any guarantee given
under section 14, and payments of interest on what is outstanding
for the time being in respect of any sums so issued, at such rate as
the Minister may direct, and different rates of interest may be
directed as regards different sums and as regards interest for
different periods.
(2) The Minister shall lay before Parliament a statement
of any payment due from the Board under this section which is not
duly paid to the Comptroller of Accounts as required thereunder.
(3) In this section “Minister” means the Minister
responsible for Finance.
16. The funds and resources of the Board shall consist of—
(a) such amounts as may be appropriated
by Parliament;
(b) all sums from time to time falling due to the Board
in respect of its operation;
(c) sums borrowed by the Board in accordance with
section 13(2);
(d) all other sums or property that may in any manner
become payable or vested in the Board in respect
of any matter incidental to its powers and duties.
17. (1) The revenue of the Board for any financial year shall
be applied in defraying the following charges:
(a) the remuneration, fees and allowances of the
members of the Board, or of any committee of
the Board;
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LAWS OF TRINIDAD AND TOBAGO
Naparima Bowl Chap. 40:51 13
Investment of
excess funds.
Auditing of
accounts.
Ch. 69:01.
General
provisions as to
bye-laws.
(b) the salaries, fees, remunerations and gratuities
of the officers, agents and servants and technical
and other advisers of the Board;
(c) interest on any loan raised by the Board;
(d) such sums as it may be considered appropriate to
set aside in respect of depreciation on the property
of the Board;
(e) any other expenditure authorised by the Board
and properly chargeable to revenue.
(2) The balance of the revenue of the Board shall be
applied to the creation of reserve funds to finance future expansion
or where there is already a sufficient reserve fund on the direction
of the President shall be paid into the general revenue.
18. Funds of the Board not immediately required to be
expended in the meeting of any obligations or the discharge of
any functions of the Board may be invested from time to time
in securities approved by the Minister for investment by
the Board.
19. (1) The accounts of the Board shall be audited by auditors
to be appointed annually by the Board or under the supervision of
the Auditor General in accordance with the Exchequer and Audit
Act if so directed by resolution of Parliament.
(2) After the end of each financial year of the Board, the
Board shall as soon as the accounts of the Board have been audited
cause a copy of the statement of account to be transmitted to the
Minister together with a copy of any report made by the auditors
on that statement or on the accounts of the Board.
(3) The Minister shall cause a copy of every such
statement and report to be laid before Parliament.
MISCELLANEOUS
20. (1) The Board may, by and with the approval of the
Minister, by Order make bye-laws for the management, control
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LAWS OF TRINIDAD AND TOBAGO
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Act binds
the State.
and use of the Bowl and in particular may by such bye-laws provide
for all or any of the following matters:
(a) the days and hours during which and the
conditions under which, the general public may
be admitted into the Bowl or the premises or any
part thereof;
(b) the manner in which the entrances, passages,
staircases or outbuildings of the Bowl may
be used;
(c) the exclusion or removal from any part of the
Bowl or its premises or any part thereof of any
person or class of persons whom the Board may
consider undesirable or who may have committed
a breach of any bye-law or otherwise misbehaved
in the Bowl, its premises or any part thereof;
(d) any other matter or thing which the Board may
consider necessary for or conducive to the good
management and control of the Bowl and the
securing of its orderly use by persons lawfully
resorting thereto;
(e) terms and conditions for the use of the Bowl
by organisations.
(2) Any person who contravenes the provisions of any
bye-law made under this Act is liable on summary conviction to a
fine not exceeding one hundred and fifty dollars.
(3) Notwithstanding any other written law all fines
recovered on the summary conviction of any person or persons
under subsection (2) shall be paid into the Consolidated Fund
upon recovery.
21. This Act binds the State.
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