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National Carnival Commission of Trinidad and Tobago
L.R.O.

LAWS OF TRINIDAD AND TOBAGO

Act
9 of 1991

Current Authorised Pages
Pages Authorised

(inclusive) by L.R.O.
1/2006

NATIONAL CARNIVAL COMMISSION OF
TRINIDAD AND TOBAGO ACT

CHAPTER 42:01

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

LAWS OF TRINIDAD AND TOBAGO

National Carnival Commission of
2 Chap. 42:01 Trinidad and Tobago

Note on Subsidiary Legislation
This Chapter contains no subsidiary legislation.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

L.R.O.

LAWS OF TRINIDAD AND TOBAGO

National Carnival Commission of
Trinidad and Tobago Chap. 42:01 3

CHAPTER 42:01

NATIONAL CARNIVAL COMMISSION OF
TRINIDAD AND TOBAGO ACT

ARRANGEMENT OF SECTIONS

SECTION

1. Short title.
2. Interpretation.
3. Establishment and incorporation of Commission.
4. Objects of the Commission.
5. Composition of the Commission.
6. Meetings.
7. Remuneration.
8. Committees.
9. Functions of the Commission.

10. Annual reports.
11. Declarations of interest.
12. Exemptions and responsibilities.
13. Staff of the Commission.
14. Pension Scheme.
15. Transfer of officer.
16. Office and branches of the Commission.
17. Seal.
18. The National Carnival Commission Fund.
19. Use of the Fund.
20. Power to own property.
21. Budget of the Commission.
22. Power to borrow.
23. Financial year.
24. Accounts and audit.
25. Central Tenders Board Act not to apply.
26. Regulations.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

LAWS OF TRINIDAD AND TOBAGO

National Carnival Commission of
4 Chap. 42:01 Trinidad and Tobago

CHAPTER 42:01

NATIONAL CARNIVAL COMMISSION OF
TRINIDAD AND TOBAGO ACT

An Act to establish a National Carnival Commission of
Trinidad and Tobago.

[5TH AUGUST 1991]

1. This Act may be cited as the National Carnival Commission
of Trinidad and Tobago Act.

2. In this Act “Minister” means the Minister to whom the
responsibility for Culture is assigned.

3. There is hereby established a body corporate to be known
as the National Carnival Commission of Trinidad and Tobago
(hereinafter referred to as “the Commission”) which shall be
responsible to the Minister.

4. The objects of the Commission are as follows:
(a) to make Carnival a viable national, cultural and

commercial enterprise;
(b) to provide the necessary managerial and

organisational infrastructure for the efficient and
effective presentation and marketing of the
cultural products of Carnival; and

(c) to establish arrangements for ongoing research,
the preservation and permanent display of the
annual accumulation of Carnival products created
each year by the craftsmen, musicians, composers
and designers of Carnival.

5. (1) The Commission shall be managed by a Board of
Commissioners (hereinafter referred to as “the Board”) which shall
consist of nine persons who have demonstrated an interest in the

9 of 1991.

Commencement.

Short title.

Interpretation.

Establishment
and
incorporation of
Commission.

Objects of the
Commission.

Composition
of the
Commission.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

L.R.O.

LAWS OF TRINIDAD AND TOBAGO

National Carnival Commission of
Trinidad and Tobago Chap. 42:01 5

cultural or commercial aspects of Carnival and with experience or
training in finance, management, government, international trade, law,
export-oriented business, commerce, culture or the arts, appointed by
instrument in writing by the Minister and which shall include—

(a) one nominee from the organisation that is most
representative of the steelband movement;

(b) one nominee from the organisation that is most
representative of carnival bands;

(c) one nominee from the organisation that is most
representative of calypsonians;

(d) such other persons as the Minister may appoint.

(2) A Commissioner appointed under subsection (1) shall
serve for a period of two years, but his appointment may be
terminated by the Minister—

(a) where he is unable to perform his duties, performs
his duties in a negligent manner or is in dereliction
of duty;

(b) where the Organisation that nominated him
requests in writing that the Minister revoke the
appointment and appoint someone else; or

(c) where the Commissioner resigns.

(3) A Commissioner appointed under subsection (1) shall
be eligible for reappointment to the Board.

(4) The Minister shall appoint from among the
Commissioners, a Chairman and a Deputy Chairman.

(5) Commissioners shall hold office on such terms and
conditions as the Minister may determine, but a Commissioner
shall be deemed to have vacated his office where—

(a) he is absent without leave of the Board from three
consecutive statutory meetings of the Board; or

(b) he fails to attend a minimum of eight statutory
meetings without leave of absence in any
calendar year.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

LAWS OF TRINIDAD AND TOBAGO

National Carnival Commission of
6 Chap. 42:01 Trinidad and Tobago

(6) A Commissioner shall be allowed—
(a) a grant of leave of absence for periods not

exceeding six months in the aggregate; and
(b) postings outside of Trinidad and Tobago for

specific periods for purposes connected with the
work of the Commission.

(7) Not more than three Commissioners in the aggregate
shall be allowed a grant of leave of absence under subsection (6)(a)
or a posting outside of Trinidad and Tobago under subsection (6)(b)
at any one time.

(8) Where a vacancy arises on the Board whether by
reason of death, resignation or other termination of the appointment
of a Commissioner, that vacancy may be filled by way of
appointment made by the Minister for the unexpired portion of the
term of the member whose place is being filled.

(9) The names of all the members of the Board as first
constituted and every change in the membership thereafter shall
be published in the Gazette.

(10) The Chairman, the Deputy Chairman or any
Commissioner may at any time resign his office by instrument in
writing addressed to the Minister.

6. (1) 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.

(2) The Chairman may, at any time, convene a special
meeting and shall call a special meeting within seven days of receipt
of a requisition for that purpose addressed to him, in writing, and
signed by two Commissioners.

(3) The Chairman, or in his absence, the Deputy Chairman
shall preside at all meetings, but where both the Chairman and
Deputy Chairman are absent, the Commissioners present shall
appoint a Chairman from amongst them to preside at the meeting.

Meetings.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

L.R.O.

LAWS OF TRINIDAD AND TOBAGO

National Carnival Commission of
Trinidad and Tobago Chap. 42:01 7

(4) Five Commissioners shall constitute a quorum and a
meeting shall be deemed to be properly constituted notwithstanding
any vacancy in the membership of the Board or any defect in the
appointment of Commissioners.

(5) The Chairman shall have an original vote and where
the voting is equal, he shall have a casting vote.

(6) The minutes, in proper form, of each meeting shall be
kept by the Secretary and shall be confirmed by the Chairman
presiding at a subsequent meeting.

(7) A signed copy of the confirmed minutes of each
meeting shall be submitted to the Minister.

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

(9) The Board may regulate its own proceedings at meetings.

7. The Commission shall pay to each Commissioner, in
respect of his office, such remuneration and allowances, as the
Minister may determine, and to the Chairman, in respect of his
office, such remuneration or allowances, in addition to any
remuneration or allowances to which he may be entitled in respect
of his office as a member, as the Minister may determine.

8. (1) The Board may appoint such committees
consisting of such persons as it thinks fit to advise on any
aspect of its functions.

(2) A Commissioner shall be appointed to each
Committee appointed under subsection (1).

(3) The Board may delegate a Commissioner or
Commissioners to perform any of its functions, exercise any of its
powers or chair any of its Committees as it may see fit but the
power of delegation shall not be delegated.

Remuneration.

Committees.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

LAWS OF TRINIDAD AND TOBAGO

National Carnival Commission of
8 Chap. 42:01 Trinidad and Tobago

(4) The Board shall appoint, inter alia, a Tenders Committee,
a Finance Committee and a Regional Carnival Committee.

9. (1) The Commission 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 the Minister and this Act and in particular the Commission
shall perform the following functions:

(a) the regulation, co-ordination or conduct of all
Carnival activities throughout the country held
under the aegis of the Government;

(b) the development, maintenance and review of
rules, regulations and procedures for the conduct
of carnival festivities throughout the country;

(c) the identification, evaluation and promotion of
all Carnival-related industries with a view to the
enhancing and marketing of their cultural
products and services; and

(d) the development and implementation of a
marketing strategy for Carnival with a view to
optimising the revenue-earning potential of the
festival and its contribution to the national
economy, considering—

(i) the unexplored potential of Carnival;
(ii) the possibility of marketing of Carnival

products and activities in domestic and
export markets;

(iii) the contribution by the private sector to the
funding of specific aspects of Carnival; and

(iv) the establishment of closer promotional
links between the tourist industry and the
Carnival industry.

(2) The Commission may establish subsidiary
companies and companies engaged in related activities as well
as acquire equity in other companies and in other undertakings
engaged in Carnival activities.

Functions of the
Commission.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

L.R.O.

LAWS OF TRINIDAD AND TOBAGO

National Carnival Commission of
Trinidad and Tobago Chap. 42:01 9

(3) The powers vested in the Commission under
subsection (2) are exerciseable subject to the prior approval of the
Minister and the Minister with responsibility for Finance.

10. The Commission shall present to the Minister annual
reports on all its activities no later than three months after the close
of the financial year.

11. (1) A Commissioner or any member of a Committee
appointed by the Board whose interest is likely to be affected,
whether directly or indirectly, by a decision of the Board on a
subject matter, shall disclose the nature of the interest by writing
to the Secretary not later than four days after the subject matter
has come to his knowledge.

(2) A disclosure made under subsection (1) shall be
brought to the attention of the next statutory meeting of the Board
and after the disclosure, the Commissioner or member of a
Committee appointed by the Board making it shall not, unless
the Board otherwise directs, be present or take part in the
deliberations of any meeting when the matter is being discussed
or decided and, in the case of a Commissioner, he shall not vote
on the matter.

12. (1) No action shall be brought against any Commissioner
or officer in respect of any act done bona fide in the execution of
his duties.

(2) Where any Commissioner is exempt from liability as
aforesaid, the Commission shall be liable to the extent that it would
be if the Commissioner was a servant of the Commission.

(3) Each officer charged with the receipts, accounting for
or disbursement of moneys or with the custody or delivery of stores
or other property belonging to the Commission shall be individually
responsible for—

(a) the due and efficient discharge of his
respective duties;

Annual reports.

Declarations of
interest.

Exemptions and
responsibilities.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

LAWS OF TRINIDAD AND TOBAGO

National Carnival Commission of
10 Chap. 42:01 Trinidad and Tobago

(b) the exercise of proper supervision of the accounts
kept or controlled by him and all property
entrusted to his care; and

(c) the due observance of all rules and regulations
and of all orders and instructions prescribed for
his guidance.

13. (1) For the purpose of the proper discharge of its functions
the Commission may appoint or employ staff as it considers
necessary, whether on a permanent or temporary basis, including
a Chief Executive Officer, who shall be an ex officio member of
the Board, a Secretary and other officers and employees.

(2) The Chief Executive Officer shall be subject to the
control of the Commission and may be employed on a short-term
contract of not less than two years.

14. (1) The Commission shall within five years of its
establishment provide for the establishment and maintenance of a
pension scheme for the benefit of its officers and employees.

(2) The Commission shall provide, in the pension scheme,
for an employee’s service with the Commission, prior to the
establishment of the pension scheme, to be taken into account in
calculating his benefits under the pension scheme.

(3) Where an employee of the Commission dies or retires
before the establishment of the pension scheme, the Commission
shall be responsible for payment of superannuation or death benefits
accruing to that employee.

(4) The basis for the accrual and payment of
superannuation or death benefits shall be the same as that which
was applicable to the employee prior to his transfer, including a
transfer on secondment, or appointment to the Commission.

(5) The pension scheme may enable the Commission to—
(a) grant gratuities, pensions or superannuation

allowances to, or to the widows, families or
dependents of, its officers and employees;

Staff of the
Commission.

Pension
Scheme.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

L.R.O.

LAWS OF TRINIDAD AND TOBAGO

National Carnival Commission of
Trinidad and Tobago Chap. 42:01 11

(b) establish contributory superannuation schemes,
and establish and contribute to superannuation
funds for the benefit of its officers and employees;

(c) enter into and carry into effect agreements with
any insurance company or other association or
company for securing gratuities, pensions or
allowances to any such officer or employee or
his widow, family or dependent; and

(d) give donations or subscriptions to charitable
institutions, sick funds or benevolent funds
calculated to benefit its officers and employees.

15. (1) An officer in the public service or a person in the
service of a statutory authority may, with the approval of the
appropriate Service Commission or other authorised agencies, be
transferred to the service of the Commission, including a transfer
on secondment, or from the service of the Commission to the public
service or the service of a Statutory Authority on secondment.

(2) Where a transfer on secondment is effected the
Minister, the Statutory Authority or the Commission as the case
may be, shall make such arrangements as may be necessary to
preserve the rights of the officer or person, so transferred, to any
pension, gratuity or other benefit for which he may have been
eligible had he not been transferred or seconded.

(3) Where a transfer, including a transfer on secondment,
is effected, the transferred officer shall become a member of the
pension scheme, or, where the transfer becomes effective before
the establishment of that scheme, he shall become a member within
one year of its establishment.

(4) A transfer, including a transfer on secondment, shall
be on such terms as may be acceptable to the Minister, the Statutory
Authority or the relevant Service Commission, as the case may
be, the Commission and the officer concerned.

Transfer of
officer.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

LAWS OF TRINIDAD AND TOBAGO

National Carnival Commission of
12 Chap. 42:01 Trinidad and Tobago

(5) Notwithstanding anything contained in any written law
to the contrary, a person appointed to the Commission under section 13,
or any officer transferred on secondment from the Public Service or
the service of a Statutory Authority to the service of the Commission,
shall not in the performance of his duties with the Commission, be
regarded as the holder of an office in the Public Service.

16. (1) The Commission shall have its Principal Office in
Trinidad and Tobago.

(2) The Commission may establish branches in or outside
of Trinidad and Tobago.

(3) The branches of the Commission shall be financed by
the Commission, shall implement the policies of the Commission
and shall be fully accountable to the Commission.

(4) The branches of the Commission shall be fully
responsible for the management of their affairs and shall have
exclusive authority, within the regions under their purview to—

(a) work with associations and organisations seeking
to enhance the Carnival in their regions or to
manufacture saleable Carnival products;

(b) provide advice and assistance in organising and
administering regional Carnivals;

(c) encourage bilateral exchanges with foreign
organisations or associations with the prime
purpose of promoting the Carnival of Trinidad
and Tobago; and

(d) make recommendations to the Commission for
the enhancement of Carnival and Carnival-related
activities in their regions.

17. (1) The Commission shall have a seal which shall be kept
in the custody of the Chairman or the Deputy Chairman as the
Board may determine and shall be authenticated by the signature
of the Chairman and the Secretary or in the absence of the
Chairman, by the Deputy Chairman and the Secretary.

Office and
branches of the
Commission.

Seal.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

L.R.O.

LAWS OF TRINIDAD AND TOBAGO

National Carnival Commission of
Trinidad and Tobago Chap. 42:01 13

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

18. (1) There is hereby established the National Carnival
Commission Fund (hereinafter referred to as “the Fund”).

(2) The Fund shall comprise—
(a) moneys appropriated by Parliament for the

purpose;
(b) revenue earned from services rendered;
(c) gate receipts, sales, donations, grants and

royalties;
(d) loans raised by the Commission;
(e) all sums from time to time falling due to the

Commission in respect of its operations;
(f) funds generated from Bond issues guaranteed by

the Minister with responsibility for Finance or
assets of the Commission; and

(g) funds provided from such sources as the Minister
with responsibility for Finance may approve.

(3) The Minister with responsibility for Finance may give
directions as to the amounts in which and times at which moneys
referred to in subsection (2)(a) are to be paid to the Commission.

(4) Moneys appropriated under subsection (2)(a) may be
disbursed only where the budget of the Commission is approved
and laid in the Parliament in accordance with section 21.

19. (1) The money comprising the Fund shall be applied in
defraying the following charges:

(a) the remuneration, fees and allowances of
Commissioners and members of any Committee
appointed by the Commission;

The National
Carnival
Commission
Fund.

Use of the Fund.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

LAWS OF TRINIDAD AND TOBAGO

National Carnival Commission of
14 Chap. 42:01 Trinidad and Tobago

(b) the salaries, fees, remunerations, gratuities,
severance pay and other benefits of the officers,
agents, servants and technical and other advisers
of the Commission;

(c) principal and interest on any loan raised by
the Commission;

(d) such sums as may be considered appropriate to
be set aside in respect of depreciation on the
property of the Commission; and

(e) any other expenditure or obligation authorised
by the Commission and properly chargeable
to revenue.

(2) The Commission may create reserve funds out of
which money may be expended for the establishment of academic,
technical or vocational grants or for such other charitable or
benevolent purposes as may, in the opinion of the Board be
beneficial to or for the enhancement of the welfare of artistes,
designers and composers of musical works engaged in Carnival
and other worthy persons contributing to Carnival activities and
the financing of projects for future expansion.

(3) Where the Commission has expended money under
subsection (2) it shall list the names of the recipients and the amount
of money given to each recipient together with a brief explanation
of the reason for the expenditure in a Schedule to the annual
financial statement of the Commission required under section 24(2).

(4) The funds of the Commission that are not immediately
required to be expended in the meeting of any obligation or the
discharge of any function of the Commission may be invested from
time to time in securities approved by the Minister with
responsibility for Finance for investment by the Commission.

20. (1) The Commission shall have the power to own real
and personal property.

(2) The Board shall be responsible for the management
and control of the property referred to in subsection (1) and of the
assets of the Commission.

Power to own
property.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

L.R.O.

LAWS OF TRINIDAD AND TOBAGO

National Carnival Commission of
Trinidad and Tobago Chap. 42:01 15

21. (1) The Commission shall prepare in such form as the
Minister with responsibility for Finance directs, estimates of income
and expenditure of the Commission for each financial year, and if
he so directs, for any other period specified by him and the
Commission shall submit estimates so prepared not later than such
date as that Minister directs.

(2) The Minister shall lay the budget as approved by
him and the Minister with responsibility for Finance before
Parliament within fourteen days of the approval or, if Parliament
is not in session, within fourteen days after the commencement
of the next sitting.

22. (1) The Commission may, with the approval and direction
of the Minister with responsibility for Finance, borrow money for
the purpose of meeting any of its obligations or discharging any of
its functions.

(2) Approval of the Minister with responsibility for
Finance may be general or limited to a particular transaction and
may be either unconditional or subject to such conditions as he
thinks fit.

(3) The Minister with responsibility for Finance may
guarantee in such manner, and on such conditions as he thinks fit,
the payment of the principal and interest in respect of any money
borrowed by the Commission.

(4) Where the Minister with responsibility for Finance
is satisfied that there has been a default in the repayment of any
principal or interest guaranteed under this section, he shall direct
the repayment out of the general assets and public funds of
Trinidad and Tobago of the amount in respect of which there has
been such default.

23. The financial year of the Commission shall be the twelve-
month period ending on the 31st July in each year.

Budget of the
Commission.

Power to
borrow.

Financial year.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

LAWS OF TRINIDAD AND TOBAGO

National Carnival Commission of
16 Chap. 42:01 Trinidad and Tobago

24. (1) The Commission shall keep proper accounts and
records of the transactions and affairs of the Commission and
shall do all things necessary to ensure that all payments out of
the moneys of the Commission are correctly made and properly
authorised and that adequate control is maintained over the assets
of, or in the custody of, the Commission and the incurring of
liability by the Commission.

(2) The Commission shall submit a financial statement
in respect of a financial year to the Minister no later than three
months after the close of the financial year.

(3) The Minister shall cause a copy of the financial
statement referred to in subsection (2) to be laid in Parliament
within one month after he has received it or if Parliament is not
in session, within one month after the commencement of the
next sitting.

(4) The accounts of the Commission shall be subject to
audit by the Auditor General in all respects as if they were the
public accounts of Trinidad and Tobago.

(5) The Commission shall forward to the Minister a copy
of the audited statement of accounts together with any report
thereon made by the Auditor General not later than one month
after the receipt thereof and the Minister shall ensure that the audited
statement of accounts and report are laid in Parliament within one
month thereafter, or if Parliament is not in session, within one month
after the commencement of the next sitting.

(6) In addition to the annual audit, the Auditor General
may, at any time, audit the accounts and examine the records of
financial transactions of the Commission and shall forthwith draw
to the attention of the Chairman and Minister any irregularities
disclosed by such audit and examination, which, in the opinion of
the Auditor General, are of sufficient importance to be so reported.

(7) The Commission, with the approval of the Minister
with responsibility for Finance, may write-off bad debts.

Accounts and
audit.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

L.R.O.

LAWS OF TRINIDAD AND TOBAGO

National Carnival Commission of
Trinidad and Tobago Chap. 42:01 17

25. The Central Tenders Board Act shall not apply to the work
of the Tenders Committee.

26. The Commission may, with the approval of the Minister,
make regulations for—

(a) the operation and qualification of the Pension
Scheme established under section 14;

(b) the Constitution, powers and function of
committees appointed under section 8;

(c) controlling its financial operations; and
(d) the better administration of the Act.

Central Tenders
Board Act not to
apply.
Ch. 71:91.

Regulations.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt