Tobago House of Assembly
TOBAGO HOUSE OF ASSEMBLY ACT
CHAPTER 25:03
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Act
40 of 1996
Amended by
4 of 2001
17 of 2006
LAWS OF TRINIDAD AND TOBAGO
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Note on Subsidiary Legislation
The following Subsidiary Legislation have been omitted:
A. The Tobago House of Assembly Standing Orders (LN 278/1997);
B. The Tobago House of Assembly Financial Rules (LN 183/1990); and
C. Guidelines for Contract Employment in the Tobago House of Assembly
(LN 148/2000).
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CHAPTER 25:03
TOBAGO HOUSE OF ASSEMBLY ACT
ARRANGEMENT OF SECTIONS
SECTION
PART I
PRELIMINARY
1. Short title.
2. Commencement.
3. Interpretation.
4. Application.
PART II
THE ASSEMBLY
MEMBERS OF THE ASSEMBLY
5. Body Corporate.
6. Swearing in of Assemblymen.
7. Election of Presiding Officer.
8. Election of Chief Secretary and Deputy Chief Secretary.
8A. Appointment of Minority Leader.
9. Appointment of Councillors.
10. Election of Deputy Presiding Officer.
11. Election procedure.
12. Publication of names of Members.
13. Assumption of duty.
14. Time limit for swearing in.
15. Qualifications for membership.
16. Remuneration of Members.
17. Tenure of office of Members.
18. Exemption from jury service.
19. Seat of Member—how vacated.
20. Declaration of vacancy.
21. Filling of vacancies.
22. Dissolution of Assembly.
23. Assembly is a public body.
24. Members as persons in public life.
FUNCTIONS OF THE ASSEMBLY
25. Responsibility of the Assembly.
26. Responsibility of Government.
27. Administration of certain services.
28. Assembly subject to Central Tenders Board.
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ARRANGEMENT OF SECTIONS—Continued
SECTION
29. Assembly Laws.
30. Attendance of Chief Secretary at Cabinet meetings.
31. Prime Minister and Chief Secretary to hold discussions.
32. Annual Report.
PART III
EXECUTIVE COUNCIL OF THE ASSEMBLY
33. Composition of the Executive Council.
34. Duties and powers of the Executive Council.
35. Motions of no confidence.
36. Tenure of office.
37. Powers of a Secretary.
37A. Executive Council subject to powers of the Ombudsman.
37B. Assistant Secretaries.
PART IV
FINANCE
38. Definitions.
39. Expenditure.
40. Transferral of monies credited to former Fund and appropriated to
former Assembly.
41. Estimates.
42. Late submission of estimates.
43. Cabinet to consider certain needs.
44. Assembly may refer allocation to Commission.
45. Annual statement of accounts.
46. Audit of accounts.
47. Quarterly releases.
48. Retention of monies.
49. Collection of revenues.
50. Surrender of surplus monies.
51. Power to borrow.
52. Financial Rules.
53. Description of property.
54. Vesting of powers, rights and property in the Assembly.
55. Continuation of legal proceedings.
PART V
THE DISPUTE RESOLUTION COMMISSION
56. Establishment of Dispute Resolution Commission.
57. Composition of Commission.
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SECTION
58. Dispute to be referred to Cabinet.
59. Referral of dispute to Chairman.
60. Recommendation for resolution of dispute.
61. Communication of recommendation.
PART VI
MEETINGS AND PROCEEDINGS OF THE ASSEMBLY
62. First meeting.
63. Presiding Officer to have casting vote.
64. Absence of Presiding Officer.
65. Meetings.
66. Notice of meetings.
67. Record of proceedings.
68. Quorum.
69. Rules and Standing Orders.
70. Privileges and immunities.
PART VII
STAFF AND RELATED MATTERS
71. Chief Administrator.
72. Clerk of the Assembly.
73. Supervision of Divisions.
74. Other offices.
75. Appointment on contract.
76. Transfer and secondment.
PART VIII
MISCELLANEOUS PROVISIONS
77. Transitional.
78. Repeal and saving.
FIRST SCHEDULE.
SECOND SCHEDULE.
THIRD SCHEDULE.
FOURTH SCHEDULE.
FIFTH SCHEDULE.
SIXTH SCHEDULE.
SEVENTH SCHEDULE.
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*See section 2 for the date of commencement of this Act.
40 of 1996.
Short title.
Commencement.
[197/1996].
Interpretation.
CHAPTER 25:03
TOBAGO HOUSE OF ASSEMBLY ACT
An Act to repeal and replace the former Tobago House of
Assembly Act, and to provide for the membership,
powers and functions of the Tobago House of Assembly
and its Executive Council and matters incidental thereto.
*[ASSENTED TO 9TH DECEMBER 1996]
PART I
PRELIMINARY
1. This Act may be cited as the Tobago House of
Assembly Act.
2. This Act came into operation on 10th December 1996.
3. In this Act—
“Assembly” means the Tobago House of Assembly referred to in
section 141A of the Constitution and, unless a contrary
intention appears, includes the Executive Council;
“Assemblyman” means a person referred to in section 5(1)(a);
“Assembly Law” means a law enacted pursuant to section 29;
“Chief Administrator” means the person holding or acting in the
office established under section 71;
“Chief Secretary” means the person elected as such under
section 8 and includes the Deputy Chief Secretary where
the context so requires;
“Clerk” means the person holding or acting in the office
established under section 72;
“Commission” means the Dispute Resolution Commission
established under section 56;
“Councillor” means a Councillor appointed under section 9;
“Deputy Chief Secretary” means the person elected as such under
section 8;
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37 of 1980.
Ch. 24:01.
Application.
Ch. 1:51.
“Deputy Presiding Officer” means the person elected as such
under section 10;
“Executive Council” means the Executive Council of the
Assembly established under section 141C of the Constitution;
“former Assembly” means the Assembly established by the
Tobago House of Assembly Act, 1980 repealed by this Act;
“Member” means an Assemblyman, Councillor or Presiding
Officer;
“Presiding Officer” means the person elected as such under
section 7 and includes the Deputy Presiding Officer where
the context so requires;
“primary election” means the first election held under this Act and
every election thereafter consequent upon the dissolution of
the Assembly, but does not include a bye-election;
“State enterprise” means an enterprise that is controlled by or on
behalf of the State;
“statutory authority” has the meaning assigned to it in section 2
of the Statutory Authorities Act;
“Secretary”, unless a contrary intention appears, means a
member of the Executive Council to whom administrative
responsibility is assigned.
4. No provision of this Act or of an Assembly Law shall be
construed or interpreted so as to authorise—
(a) anything which is inconsistent with, or contrary
to or in derogation of the Constitution of the
Republic of Trinidad and Tobago; or
(b) any operation of any Assembly Law beyond the
confines of the island of Tobago and such part of the
territorial sea of Trinidad and Tobago comprising
those areas of the sea having as their inner limits the
baselines of Tobago as determined in accordance
with section 5 of the Territorial Sea Act, and as their
outer limits, a line measured seaward from those
baselines, every point of which is distant six nautical
miles from the nearest point of those baselines
unless the contrary is expressly stated therein;
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Body Corporate.
Ch. 2:01.
Swearing in of
Assemblymen.
First Schedule.
Election of
Presiding
Officer.
Second
Schedule.
Election of
Chief Secretary
and Deputy
Chief Secretary.
(c) any convention, declaration, treaty, protocol,
agreement or any international compact of any
sort whatever between the island of Tobago or
the Assembly and any foreign State.
PART II
THE ASSEMBLY
MEMBERS OF THE ASSEMBLY
5. (1) The Assembly shall be a body corporate and consist of—
(a) twelve Assemblymen elected at an election held
in accordance with the Representation of the
People Act, but subject to section 15(1)(b);
(b) four Councillors appointed in accordance with
section 9;
(c) a Presiding Officer who may or may not be an
Assemblyman or a Councillor, who shall not be
a member of the Executive Council, and who
shall be elected in accordance with section 7.
(2) The Assembly shall have a common seal which shall
be judicially noticed.
6. The President shall administer to the Assemblymen at a
meeting held for the purposes of this section, not later than three
days after the date of the primary election or as soon thereafter as
the President may consider practicable, the oath of office set out
in the First Schedule.
7. (1) The Assemblymen shall, upon the swearing in
referred to in section 6, elect a Presiding Officer to whom the
President shall administer the oath set out in the Second Schedule.
(2) The Presiding Officer shall ex officio be a Justice of
the Peace.
8. Upon the election referred to in section 7, the
Asemblymen shall elect from among their number, the Chief
Secretary and the Deputy Chief Secretary in accordance with
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Third Schedule.
Appointment of
Minority
Leader.
Appointment of
Councillors.
Fourth Schedule.
Election of
Deputy
Presiding
Officer.
Second
Schedule.
Election
procedure.
section 11 and following such election, the President shall
administer to the Chief Secretary and the Deputy Chief Secretary
respectively, the oath of office set out in the Third Schedule.
8A. Immediately after administering the oaths of office to the
Chief Secretary and the Deputy Chief Secretary under section 8,
the President shall appoint as Minority Leader the Assemblyman
who, in his opinion, commands the support of the largest number
of Assemblymen who do not support the Chief Secretary.
9. (1) Immediately after the appointment of the Minority
Leader under section 8A, the Presiding Officer shall, acting in
accordance with the advice of—
(a) the Chief Secretary, appoint three Councillors; and
(b) the Minority Leader, appoint one Councillor.
(2) The President shall administer to each Councillor the
oath set out in the Fourth Schedule.
10. Upon the appointments referred to in section 9, the
members shall elect from among themselves, the Deputy
Presiding Officer to whom the President shall administer the
oath set out in the Second Schedule.
11. (1) In the case of elections held under sections 8 and 10,
the Presiding Officer shall receive nominations of candidates
from any Assemblyman or Councillor, as the case may be, who
has been already sworn, except that no Assemblyman or
Councillor shall nominate more than one candidate for the same
office, whether as proposer or seconder.
(2) Where not more than one candidate is nominated for
an office, the Presiding Officer shall declare that candidate duly
elected, but where more than one is nominated, election shall be
by secret ballot.
(3) The person elected to an office shall be the candidate
receiving the highest number of votes, but where because of an
equality of votes the election of a person is impossible, the ballot
shall be retaken in respect of the relevant candidates.
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Publication of
names of
Members.
Assumption of
duty.
Time limit for
swearing in.
(4) Where on the second ballot the equality of votes
continues, the Presiding Officer shall exercise a casting vote.
12. Upon the appointment of the Councillors pursuant to
section 9, the names of the Members shall be posted on the outer
door of the Chamber of the Assembly and published in the
Gazette and in at least one daily newspaper circulating in
Trinidad and in Tobago.
13. (1) No person elected or appointed to the Assembly
shall assume the duties of his office until he is administered the
relevant oath of office.
(2) The term of office of an Assemblyman commences
on the day on which he is elected to office and the term of office
of a Member, other than an Assemblyman, commences on the
day on which he is administered the relevant oath of office.
14. (1) Where a person elected or appointed to serve in the
Assembly is not present at the meeting referred to in section 6, he
shall be administered the oath of office by the President at a meeting
convened for that purpose and held not later than one month after
the date of his election or appointment to office or, subject to
subsection (3), at the next ordinary meeting at which he is present.
(2) Subject to subsection (3), where at the expiration of
one month from his election or appointment, a member has not
taken the oath of office, he is disqualified from assuming the duties
and responsibilities of a Member and his seat shall fall vacant.
(3) The Assembly may resolve before the expiration of the
period of one month of the election or appointment of a Member
who has not taken the oath of office, either on its own motion or at
the request of that Member, to extend the period of one month to a
period not exceeding three months, at the end of which extended
period, should the Member not be sworn, his seat shall fall vacant.
(4) Any extension of time granted in accordance with
subsection (3) shall be immediately notified by the Presiding
Officer to the President.
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Qualifications
for membership.
Ch. 2:01.
Ch. 28:02.
15. (1) Subject to subsection (2), a person is qualified to be
elected as an Assemblyman in a primary election or on a bye-
election or as a Presiding Officer or appointed as a Councillor if
that person—
(a) is a citizen of the Republic of Trinidad
and Tobago;
(b) is qualified to be an elector under section 12 of
the Representation of the People Act, except that
the residency requirement of paragraph (c) of
that section shall not apply; and
(c) resides in Tobago.
(2) A person not being a citizen of the Republic of
Trinidad and Tobago is disqualified from being elected or
appointed as a Member, or being a citizen if he—
(a) has been adjudged or otherwise declared
bankrupt under any law in force in any country
and has not been discharged;
(b) is a mentally ill person within the meaning of
the Mental Health Act;
(c) is under sentence of death imposed on him by a
Court in any country or is serving sentence of
imprisonment, by whatever name called,
exceeding twelve months imposed on him by
such a Court 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;
(d) is disqualified from being elected under sections 31
and 32 of the Representation of the People Act;
(e) holds, or is acting in, an office of the Assembly
by virtue of Part VII, but a person is not
disqualified by reason only of receiving, or
being entitled to receive, payment by way of
travelling or subsistence allowances or a refund
of out-of-pocket expenses;
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Remuneration
of Members.
(f) is a member of the Senate or the House of
Representatives or of a Municipal or Regional
Corporation.
16. (1) The salary, allowances and other conditions of service
of the Chief Secretary shall be equal to that of a Minister, except
that the State shall provide the Chief Secretary with the following:
(a) an official residence in lieu of a housing
allowance;
(b) an official car in lieu of a travelling allowance;
(c) appropriate security services.
(2) The salaries, allowances and other conditions of
service of the Presiding Officer, the Deputy Presiding Officer, the
Deputy Chief Secretary, other Secretaries and other Assemblymen
and Councillors shall be reviewed by the Salaries Review
Commission in accordance with section 141 of the Constitution.
(3) Every Assemblyman shall be entitled to a monthly
allowance to defray the cost of rental of office accommodation in
his district, employment of staff, telephone and electricity services.
(4) The allowance referred to in subsection (3) shall be
determined by the Salaries Review Commission.
(5) The Assembly shall, in accordance with the
Financial Rules made under section 52, establish a contributory
pension scheme for Members.
(6) The salaries and allowances payable to the Chief
Secretary, the Deputy Chief Secretary, Secretaries and other
Members, the Presiding Officer and Deputy Presiding Officer,
are a charge on the Fund referred to in Part IV.
(7) Section 3(5) of the Constitution applies to the offices
of Chief Secretary, Deputy Chief Secretary, Secretary and Member.
(8) A Secretary or the Presiding Officer shall not engage
in any trade, business, occupation or other undertaking for profit
or remuneration other than that of serving as Secretary or the
Presiding Officer.
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Tenure of office
of Members.
Exemption from
jury service.
Seat of
Member—how
vacated.
Declaration of
vacancy.
17. (1) Subject to section 22, except in the case of a person
whose seat becomes vacant under section 14 or 19, the term of
office of a Member expires at the next dissolution of the Assembly.
(2) A person whose term of office as a Member has
expired is eligible for re-election, unless that person is disqualified
under section 15(2).
18. Notwithstanding any written law, a Member shall be
exempt from jury service.
19. (1) Subject to section 20, the seat of an Assemblyman
becomes vacant where he—
(a) dies;
(b) submits a written resignation to the Presiding
Officer or, in the case of the Presiding Officer,
where he submits a written resignation to the
President or his appointment as Presiding Officer
is revoked in accordance with subsection (2);
(c) is without the leave of the Assembly
continuously absent from Tobago for more than
ninety days or from three consecutive ordinary
meetings of the Assembly; or
(d) ceases to possess any of the qualifications
required by section 15(1) or is or becomes
disqualified from being a Member for any of the
reasons set out in section 15(2).
(2) The President shall revoke—
(a) the appointment of a Councillor on the advice of the
person or party which nominated him or by reason
of any of the matters set out in subsection (1);
(b) the appointment of the Presiding Officer
following a vote of no confidence against him
supported by a majority of the Members.
20. (1) The Assembly shall formally declare a vacancy in its
membership—
(a) at the first meeting of the Assembly following
the vacating of a seat by virtue of section 14(2)
or section 19(1) and (2); or
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Filling of
vacancies.
(b) on the adoption of a motion of the Members
based on the recommendation of a committee
appointed for the purpose of section 19(1)(d).
(2) A vacancy pursuant to subsection (1) shall have
effect from the date on which it is so declared.
(3) The notice of a declaration of vacancy shall be
signed by the Clerk and sent forthwith to the President and a copy
thereof shall be posted up in a prominent position on the outer
door of the Chamber of the Assembly and published in at least
one daily newspaper circulating in Trinidad and in Tobago.
21. (1) Where the President is notified that the seat of an
Assemblyman has become vacant, the President shall, subject to
subsections (2) and (3), issue a writ addressed to the Returning
Officer of the corresponding electoral area for the holding of a
bye-election for the election of an Assemblyman to fill the vacancy.
(2) The President shall, after consultation with the Prime
Minister and the Chief Secretary, fix the date of a bye-election for
the election of an Assemblyman, which date shall not be earlier than
the expiration of two months after the declaration of the vacancy
nor later than the expiration of three months after that declaration.
(3) No bye-election for the election of an Assemblyman
shall be held within a period of three months prior to the holding
of a primary election and the President may decline to issue a writ
under subsection (1) if the vacancy is declared within one year
from the date on which the Assembly is due to stand dissolved
under section 22(1).
(4) Where the seat of the Presiding Officer or Deputy
Presiding Officer is declared vacant, an election to fill that vacancy
shall be held at the meeting of the Assembly next following the
declaration of the vacancy.
(5) Where the appointment of a Councillor is revoked or
vacated, the party that or persons who, as the case may be,
nominated the Councillor shall nominate a person to be
appointed thereto at the meeting of the Assembly next following
the revocation or vacation of the appointment.
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Dissolution of
Assembly.
Assembly is a
public body.
Ch. 11:11.
Members as
persons in
public life.
Ch. 22:01.
Responsibility
of the Assembly.
Fifth Schedule.
(6) A person elected or appointed to the Assembly to fill
a vacancy shall be administered the relevant oath of office by the
Presiding Officer or, where the person is elected to the office of
Presiding Officer, by the Deputy Presiding Officer.
22. (1) The Assembly shall continue for four years from the
date of its first sitting after any primary election, and shall then
stand dissolved, unless the Assembly, by resolution, dissolves
itself at an earlier date.
(2) The President, after consultation with the Prime
Minister and the Chief Secretary, shall fix the date of a primary
election, which date shall not be earlier than the expiration of two
months after the disolution of the Assembly nor later than the
expiration of three months after that dissolution.
23. The Assembly is a public body for the purposes of the
Prevention of Corruption Act.
24. Members are persons in public life for the purposes of
the Integrity in Public Life Act.
FUNCTIONS OF THE ASSEMBLY
25. (1) Without prejudice to section 75(1) of the Constitution,
the Assembly shall, in relation to Tobago, be responsible for the
formulation and implementation of policy in respect of the matters
set out in the Fifth Schedule.
(2) For the better performance of its functions, the Assembly
is hereby empowered to do all such acts and take all such steps as may
be necessary for, or incidental to the exercise of its powers or for the
discharge of its duties and in particular the Assembly may—
(a) devise mechanisms to ensure the protection and
security of property, buildings, or other assets
under its control;
(b) enter into such contracts as it deems fit for the
efficient discharge of its functions;
(c) obtain from international donors any grant, aid
or technical assistance.
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Responsibility
of Government.
Sixth Schedule.
Seventh
Schedule.
Administration
of certain
services.
Assembly
subject to
Central Tenders
Board.
Ch. 71:91.
Assembly Laws.
(3) Where a statutory authority or a State enterprise
provides services in Tobago, that authority or enterprise shall, in
exercising its duties in relation to those services, act in accordance
with the policies or programmes of the Assembly and to this end
may enter into a Memorandum of Understanding with the Assembly.
26. (1) The Assembly shall not have responsibility for the
matters set out in the Sixth Schedule.
(2) The Government or any statutory authority or State
enterprise may, by way of Memorandum of Understanding,
authorise the Assembly to act as agent of the Government, statutory
authority or State enterprise, as the case may be, in respect of any
of its responsibilities in Tobago.
(3) The Government or any relevant body, as the case may
be, shall promote the delivery in Tobago of services to the public in
relation to the matters set out in the Seventh Schedule, and in so
doing shall give due consideration to the views of the Assembly.
27. Where services fall within the responsibility of the
Assembly pursuant to section 25(1) or where the Assembly acts as
agent of the Government, statutory authority or State enterprise
pursuant to section 26(2), the services shall be administered by
the Assembly.
28. The Assembly, in pursuance of its functions, shall be
subject to the Central Tenders Board Act until such time as there
is in effect alternative provision therefor made by the Assembly
under section 52.
29. (1) In the exercise of its powers under this Act, the
Assembly may propose and adopt Bills in relation to the matters
for which it is responsible under section 25.
(2) Such Bills shall be debated in the Assembly in
accordance with its Standing Orders and, if adopted, shall be
transmitted by the Chief Secretary to the Secretary to Cabinet
with a request for its introduction into Parliament for enactment
into law in accordance with section 61 of the Constitution.
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Tobago House of Assembly Chap. 25:03 17
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Attendance of
Chief Secretary
at Cabinet
meetings.
Prime Minister
and Chief
Secretary to
hold
discussions.
Annual Report.
(3) Upon the decision of Cabinet for the purpose a Bill
that is so adopted shall be introduced into Parliament with a view
to its enactment in accordance with the relevant Standing Orders.
(4) A Bill adopted by the Assembly shall not seek to
abrogate, suspend, repeal, alter, override or be contrary to any
written law of the Republic of Trinidad and Tobago or impose
any direct or indirect taxation whatsoever.
(5) When passed by Parliament such a law shall be
known as an Assembly Law and shall be so designated in its
Short Title.
30. The Chief Secretary may, if invited by the Prime
Minister so to do, attend meetings of Cabinet in order that the
Chief Secretary may—
(a) apprise Cabinet of decisions taken by the
Assembly in the exercise of its powers under
this Act; or
(b) represent the interest of Tobago in any matter
having or likely to have an adverse effect on
Tobago,
but the Chief Secretary shall not have the right to vote on any
matter before the Cabinet.
31. The Prime Minister and the Chief Secretary shall hold
regular discussions with a view to formulating administrative and
legislative mechanisms for the promotion of harmony in the
affairs of Trinidad and Tobago.
32. (1) On or before 30th April in each year, the Chief
Secretary shall present to the Prime Minister, a report reviewing
the activities of the Assembly during the year ended 31st
December immediately preceding.
(2) Within one month of the receipt of the report, the
Prime Minister shall cause a copy of the report to be laid
before Parliament.
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UPDATED TO DECEMBER 31ST 2014
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Composition of
the Executive
Council.
[17 of 2006].
Third Schedule.
Duties and
powers of the
Executive
Council.
Motions of no
confidence.
PART III
EXECUTIVE COUNCIL OF THE ASSEMBLY
33. (1) The Executive Council shall comprise—
(a) the Chief Secretary;
(b) the Deputy Chief Secretary;
(c) such other Secretaries, not being more than seven,
selected from among the Members of the Assembly
as the President acting in accordance with the
advice of the Chief Secretary may appoint.
(2) The Chief Secretary shall consult with Members before
he advises the President in accordance with subsection (1)(c).
(3) The President shall administer to a Secretary the
oath set out in the Third Schedule.
34. (1) The Executive Council shall be responsible for the
carrying out of the functions of the Assembly and the Chief
Secretary may, for that purpose, undertake or assign to a
Secretary, responsibility for any such function.
(2) In the exercise of their powers, the Members of the
Executive Council shall be individually and collectively
responsible to the Assembly.
(3) Subject to subsection (2), decisions of the
Executive Council may be implemented without the prior
approval of the Assembly.
(4) The Executive Council shall continue to discharge its
functions during any period that the Assembly stands dissolved.
35. Where the Assemblymen pass a resolution declaring that
they have no confidence in the Chief Secretary or the Deputy
Chief Secretary and the Chief Secretary or the Deputy Chief
Secretary, as the case may be, does not within two days of the
passing of such a resolution resign, the President shall revoke the
appointment of the Chief Secretary or the Deputy Chief
Secretary, as the case may be.
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Tobago House of Assembly Chap. 25:03 19
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Tenure of office.
Powers of a
Secretary.
Executive
Council subject
to powers of the
Ombudsman.
Assistant
Secretaries.
Third Schedule.
36. (1) The Chief Secretary shall vacate his office—
(a) where for any reason other than a dissolution of
the Assembly he ceases to be a Member; or
(b) immediately before the administering of the
oath under section 8 to himself if he is re-elected
or to his successor.
(2) Subsection (1) applies to the Deputy Chief Secretary
as it applies to the Chief Secretary.
(3) A Secretary, other than the Chief Secretary or the
Deputy Chief Secretary, shall vacate his office—
(a) when any person is appointed or reappointed as
Chief Secretary;
(b) where for any reason other than a dissolution of
the Assembly he ceases to be a Member;
(c) where his appointment is revoked by the
President acting in accordance with the advice
of the Chief Secretary.
37. (1) Where a Secretary is assigned responsibility for a
Division of the Assembly, he shall exercise general direction and
control over that Division.
(2) Nothing in this Act shall affect mutual consultation
between a Minister and a Secretary.
37A. Section 93 of the Constitution applies to the Executive
Council and the Divisions of the Assembly.
37B. (1) The President may, on the advice of the Chief
Secretary, appoint a Member to the office of Assistant Secretary.
(2) The salaries, allowances and other conditions of
service of an Assistant Secretary shall be reviewed by the
Salaries Review Commission in accordance with section 141 of
the Constitution.
(3) The President shall administer to an Assistant
Secretary the oath set out in the Third Schedule.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Definitions.
Ch. 79:09.
Expenditure.
Transferral of
monies credited
to former Fund
and appropriated
to former
Assembly.
Estimates.
PART IV
FINANCE
38. In this Part—
“financial institution” has the meaning assigned to it by the
Financial Institutions Act;
“financial year” has the meaning assigned to it by section 3 of the
Constitution;
“Fund” means the Tobago House of Assembly Fund established
under section 141D of the Constitution;
“former Fund” means the Tobago House of Assembly Fund
established under the former Tobago House of Assembly
Act, 1980 repealed by this Act;
“Secretary” means the Secretary to whom responsibility for
finance is assigned;
“Minister” means the Minister to whom responsibility for finance
is assigned.
39. All expenditure incurred by the Assembly shall be paid
out of the Fund.
40. Upon the coming into force of this Act—
(a) all sums of monies credited to and all charges on
the former Fund shall be transferred to the Fund;
(b) all sums of monies appropriated to the former
Fund shall be appropriated to the Fund.
41. (1) The Secretary shall in each financial year submit to
the Assembly for its approval, draft estimates of revenue and
expenditure respecting all functions of the Assembly for the next
financial year.
(2) The Assembly shall approve the draft estimates
submitted in accordance with subsection (1), with such
modifications as it thinks fit.
(3) The Chief Secretary shall transmit for consideration
and approval by Cabinet, the draft estimates approved by the
Assembly in accordance with subsection (2).
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L.R.O.
Late submission
of estimates.
Cabinet to
consider certain
needs.
(4) Upon the coming into force of this Act, draft estimates
shall be submitted to the Cabinet in accordance with subsection (3)
before the expiration of three months from the date of the first
meeting of the Assembly held in accordance with section 62.
(5) All draft estimates, capital and recurrent, subsequent
to those referred to in subsection (4) shall be submitted to the
Cabinet in accordance with subsection (3) before the end of the
third quarter of each financial year.
42. (1) Where the Assembly fails to complete consideration
of its draft estimates in time to allow the Chief Secretary to
proceed in accordance with section 41(3), (4) and (5), there shall
be allowed an extension for a period of one week.
(2) Where the Chief Secretary is unable to submit the
estimates within the period referred to in subsection (1), the
Minister shall proceed to prepare such draft estimates as he
thinks fit and may take into account any draft estimates
subsequently submitted by the Assembly.
43. In considering the estimates as submitted by the Chief
Secretary, Cabinet shall give due consideration to the financial
and developmental needs of Tobago in the context of Trinidad and
Tobago and shall allocate financial resources to Tobago as fairly
as is practicable, and in determining what is fair and practicable,
the following considerations, among others, shall apply:
(a) physical separation of Tobago by sea from
Trinidad and Tobago’s distinct identity;
(b) isolation from the principal national growth
centres;
(c) absence of the multiplier effect of expenditures
and investments (private and public) made in
Trinidad;
(d) restricted opportunities for employment and
career fulfilment;
(e) the impracticability of participation by residents
of Tobago in the major educational, cultural and
sporting facilities located in Trinidad.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Assembly may
refer allocation
to Commission.
Annual
statement of
accounts.
Audit of
accounts.
Quarterly
releases.
Retention of
monies.
Ch. 69:01.
Collection of
revenues.
44. Where the Assembly is dissatisfied with the allocation or
any part thereof referred to in section 43 it may refer the matter
to the Commission in accordance with the provisions of Part V.
45. No later than the end of the fourth month of each
financial year, the Secretary shall submit to the Assembly, a
statement of accounts showing the monies paid into, and the
expenditure met from the Fund in respect of the functions of the
Assembly during the previous financial year, and the Chief
Secretary shall, as soon as possible after the submission referred
to in this section, submit a copy of the statement to the Cabinet.
46. The accounts of the Assembly are public accounts of
Trinidad and Tobago for the purposes of section 116 of the
Constitution.
47. Monies appropriated by Parliament for the service of the
financial year of the Assembly shall be credited to the Fund in
quarterly releases in advance en bloc.
48. Notwithstanding section 42 of the Exchequer and Audit
Act, monies appropriated by Parliament to the Fund for the
service of a financial year which remain unexpended at the end of
that financial year shall be retained in the Fund and utilised for
the purposes of capital investment.
49. (1) Notwithstanding section 13 of the Exchequer and
Audit Act, all revenue collected in Tobago on behalf of the
Government and payable thereto in respect of activities
undertaken or discharged in Tobago shall be paid into the Fund.
(2) Upon the coming into force of this Act, any
company, financial institution or a person operating a business in
Tobago shall pay in Tobago all taxes, fees, duties, levies and
other imposts in respect of its operations in Tobago.
(3) Monies credited to the Fund in accordance with
subsections (1) and (2) shall be set-off against the annual
allocation appropriated by Parliament to the Fund.
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Tobago House of Assembly Chap. 25:03 23
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Surrender of
surplus monies.
Power to
borrow.
Financial Rules.
Description of
property.
Vesting of
powers, rights
and property in
the Assembly.
50. (1) Subject to subsection (2), where in any financial year,
monies paid into the Fund in accordance with section 49 exceed
the quantum appropriated by Parliament to the Fund for that year,
the Assembly shall retain fifty per cent or such larger portion as
the Minister may by Order specify in respect of that year, of such
excess to be applied towards such projects as it considers fit.
(2) The Assembly shall surrender the balance of the
excess to the Consolidated Fund within the first quarter of the
following financial year.
51. The Secretary may—
(a) with the approval of the Assembly, borrow by
way of overdraft, such sums as the Assembly
considers fit for the discharge of its functions; or
(b) with the approval of the Minister, borrow sums
by way of term loans for the purposes of capital
investment.
52. Within two months of the coming into force of this Act, the
Assembly shall, subject to the approval of the President, make such
Financial Rules as are necessary for the proper management of its
finances and such Rules shall, when made, be laid in Parliament.
53. In any civil or criminal proceedings in respect of any monies
or other property whatsoever belonging to, or under the control of the
Assembly, it shall be sufficient to describe the same as being the
monies or property of the Republic of Trinidad and Tobago.
54. Upon the coming into force of this Act—
(a) all lands and other property of every kind
located in Tobago vested in the State except the
residences of the President and the Prime
Minister are hereby vested in the Assembly in
right of the Republic of Trinidad and Tobago;
(b) all lands and other property of every kind,
including things in action, vested in the former
Assembly are hereby vested in the Assembly;
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Continuation of
legal
proceedings.
Establishment of
Dispute
Resolution
Commission.
Composition of
Commission.
Dispute to be
referred to
Cabinet.
(c) all the rights, privileges and benefits and all the
liabilities and obligations that, immediately
before the coming into force of this Act, the
former Assembly was entitled or subject to, are
hereby transferred to and conferred or imposed
upon the Assembly.
55. Legal proceedings pending immediately before the
coming into force of this Act by or against the former Assembly
may, on the coming into force of this Act, be continued by or
against the Assembly as the party to the proceedings instead of
the former Assembly.
PART V
THE DISPUTE RESOLUTION COMMISSION
56. There is established a body to be known as the Dispute
Resolution Commission which shall undertake to resolve
disputes between the Assembly and the Government on
budgetary allocations to the Assembly and matters in connection
therewith.
57. (1) The Commission shall comprise of the Ombudsman,
or such other person with judicial or quasi-judicial experience as
may be agreed to by the Government and the Assembly, as
Chairman and four other members, two of whom shall be
appointed by the Government and two by the Assembly.
(2) With the exception of the Chairman, the
membership of the Commission shall be reconstituted in respect
of each dispute.
58. (1) A dispute referred to in section 56 shall, before it is
submitted to the Commission, be referred to the Prime Minister
who shall, as soon as practicable, refer the matter to the Cabinet
for its consideration.
(2) The Cabinet shall, as soon as possible after
consideration of the dispute, convey its position to the Assembly
in writing.
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Tobago House of Assembly Chap. 25:03 25
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Referral of
dispute to
Chairman.
Recommendation
for resolution of
dispute.
Communication
of
recommendation.
First meeting.
Presiding
Officer to have
casting vote.
Absence of
Presiding
Officer.
59. (1) Where a dispute submitted to the Cabinet pursuant to
section 58 remains unresolved, the Assembly or the Government
may, in writing, refer the dispute to the Chairman within one
month after the Cabinet has complied with section 58(2) and the
Chairman shall forthwith invite the parties to the dispute to
appoint the members referred to in section 57.
(2) The Commission shall meet to consider a dispute on
such date and at such place as the Chairman may fix.
60. A recommendation for the resolution of a dispute shall be
arrived at by consensus of the members of the Commission.
61. A recommendation under section 60 shall be
communicated by the Chairman in writing to the Prime Minister
and the Chief Secretary and the Prime Minister shall cause the
recommendation to be laid in Parliament and the Chief Secretary
shall cause the recommendation to be laid before the Assembly.
PART VI
MEETINGS AND PROCEEDINGS OF THE ASSEMBLY
62. The first ordinary meeting of the Assembly after the
meeting referred to in section 6 shall be held within fifteen days
after that meeting.
63. The Presiding Officer shall preside at all meetings of the
Assembly at which he is present and may exercise the right of a
casting vote only, except that where he is an Assemblyman or a
Councillor, he shall retain the right to vote and may also exercise
the right of a casting vote.
64. (1) Where the Presiding Officer is unable to attend a
meeting of the Assembly, the Deputy Presiding Officer shall
preside with the same powers and authority as the Presiding
Officer, except that he shall retain the right to vote and may also
exercise the right of a casting vote.
(2) Where both the Presiding Officer and Deputy
Presiding Officer are unable to attend a meeting of the Assembly,
the Members present shall elect one of their number, not being a
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Meetings.
Notice of
meetings.
Record of
proceedings.
Quorum.
Rules and
Standing.
Orders.
member of the Executive Council, to preside at that meeting and
the Member so elected shall retain the right to vote and may also
exercise the right of a casting vote.
65. (1) The Assembly shall hold an ordinary meeting as
often as its business may require and at least once every month.
(2) The Presiding Officer shall convene a special
meeting of the Assembly—
(a) at the written request of the Chief Secretary; or
(b) at the written request of not less than one-third
of the members.
(3) A request for a special meeting shall be directed
through the Clerk to the Presiding Officer.
(4) All meetings of the Assembly shall be open to the
public except that the Presiding Officer may order the removal of
any person or persons for disorderly conduct or obstruction of the
proceedings of the Assembly.
66. (1) The Clerk shall give each member at least three clear
days written notice of any ordinary meeting and the notice shall
specify the business of the meeting.
(2) The Clerk shall give each member at least twenty-
four hours written notice of any special meeting and the notice
shall specify the business of the meeting.
67. The Clerk shall keep, in proper form, a record of the
proceedings of each meeting of the Assembly.
68. At a meeting of the Assembly, other than the meeting
referred to in section 6, nine members shall constitute a quorum.
69. (1) Subject to this Act, the Assembly shall make Rules
and Standing Orders to provide for—
(a) the safe custody and use of the Seal;
(b) the regulation and conduct of the proceedings
and meetings of the Assembly including records
of proceedings of the Assembly;
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Tobago House of Assembly Chap. 25:03 27
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Privileges and
immunities.
Chief
Administrator.
(c) the maintenance of order in the Chamber of the
Assembly;
(d) the conduct of debates in the Assembly;
(e) the suspension of members;
(f) such other matters as the Assembly considers fit.
(2) Rules and Standing Orders of the Assembly may be
made by a simple majority of members.
(3) The Rules and Standing Orders of the Assembly may
provide that the records of the proceedings of any meeting, shall, when
copies thereof have been circulated to members, be taken as read.
70. (1) Subject to the Rules and Standing Orders of the
Assembly, there shall be freedom of speech in the Chamber of
the Assembly.
(2) No civil or criminal proceedings may be instituted
against any member or other person for words spoken before, or
written in a report of, the Assembly or a committee thereof.
(3) In other respects, the powers, privileges and
immunities of the Assembly, Members and committees of the
Assembly, shall be such as may from time to time be prescribed
by Parliament and until so defined shall be those that apply to the
House of Representatives and to its members and committees.
PART VII
STAFF AND RELATED MATTERS
71. (1) There shall be assigned to the Assembly, a Chief
Administrator who shall be a public officer for the purposes of
section 121 of the Constitution.
(2) Upon the coming into force of this Act, all the rights,
privileges and conditions of service incidental to the office of
Clerk of the former Assembly shall be transferred to the office of
Chief Administrator without any break in service.
(3) The Chief Administrator shall be an Accounting
Officer who shall be responsible for such Division as may be
assigned to him by the Chief Secretary.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Clerk of the
Assembly.
Supervision of
Divisions.
Other offices.
Appointment on
contract.
Transfer and
secondment.
(4) Prior to consultation with the Public Service
Commission on the appointment of the Chief Administrator, the
Prime Minister shall consult with the Chief Secretary.
72. (1) There shall be assigned to the Assembly, a Clerk
who shall be responsible for the efficient discharge of such
functions as fall to be discharged by him under the Rules and
Standing Orders of the Assembly or as may be assigned to him
by the Presiding Officer.
(2) Upon the coming into force of this Act, all rights,
privileges and conditions of service incidental to the office of
Secretary of the former Assembly shall be transferred to the
office of Clerk of the Assembly without any break in service.
73. Each Division of the Assembly shall be under the
supervision of an Administrator who shall be of a level no lower
than that of a Chief Technical Officer and who shall be the
Accounting Officer of the Division under his supervision.
74. Except for those offices, the responsibility for which is to
be retained by the Government under this Act, the offices on the
establishment of the former Assembly and of the Central
Administrative Services, Tobago, and persons holding those
offices, immediately before the date of the coming into force of
this Act shall, on that date, be transferred to the Assembly and all
rights, privileges and conditions of service incidental to such
offices shall be retained under this Act.
75. Subject to the guidelines prescribed by the Government
in respect of the employment of persons on contract, the
Assembly may appoint on contract such persons as it thinks fit.
76. (1) A person in the employ of a statutory authority may,
with the approval of the appropriate Service Commission, be
transferred to the staff of the Assembly, and any such transfer
shall be on such terms and conditions of service as are acceptable
to the statutory authority, the Assembly and the person transferred.
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LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Transitional.
Repeal and
saving.
37 of 1980.
183/1990.
(2) The Chief Administrator and the appropriate Service
Commission, or other appropriate authority, may make
arrangements for the transfer on secondment of any employee of
a statutory authority, the University of the West Indies or other
body to the staff of the Assembly or of any officer of the
Assembly to the service of a statutory authority, the University of
the West Indies or other body.
(3) Where a transfer on secondment is effected under
subsection (2), such arrangements as are necessary to preserve
the rights of the person so transferred to any pension, gratuity or
other allowance, for which he would have been eligible had he
not been transferred, shall be made.
(4) A period of transfer on secondment shall not exceed
five years in the first instance.
PART VIII
MISCELLANEOUS PROVISIONS
77. (1) Notwithstanding section 78, the persons who were
Assemblymen of the former Assembly immediately prior to the
coming into force of this Act shall, on its coming into force,
be deemed to have been elected as Assemblymen pursuant to
section 5(1)(a).
(2) Notwithstanding section 22(1), the first Assembly
constituted under this Act shall, unless by resolution it dissolves
itself at an earlier date, stand dissolved on the fourth anniversary
of the date on which the persons mentioned in subsection (1)
were elected to the former Assembly.
78. (1) Notwithstanding the repeal and replacement of the
former Tobago House of Assembly Act, 1980 by this Act, the
Tobago House of Assembly Financial Rules, 1990 (made under
the said former Tobago House of Assembly Act) shall, until such
time as Financial Rules made under section 52 come into force,
remain in force and apply to the Assembly with such
modifications as are necessary for conformity with this Act.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
(Section 6).
(Section 7).
(2) A reference in any written law to the former
Assembly shall be construed as a reference to the Assembly.
FIRST SCHEDULE
OATH (OR AFFIRMATION) OF OFFICE FOR
ASSEMBLYMEN
I, ................................................................................................................., having
been elected an Assemblyman for Tobago do swear by .........................................
................................................................................(solemnly affirm) that I will
bear true faith and allegiance to Trinidad and Tobago, will uphold the
Constitution and the law, and will conscientiously and impartially discharge the
duties and responsibilities of Assemblyman that I am now about to assume.
SECOND SCHEDULE
OATH (OR AFFIRMATION) OF OFFICE FOR THE
PRESIDING OFFICER AND THE DEPUTY
PRESIDING OFFICER
I, .............................................................................................., having been elected
Presiding Officer/Deputy Presiding Officer of the Tobago House of Assembly do
swear by .............................................................................. (solemnly affirm) that I
will bear true faith and allegiance to Trinidad and Tobago and will uphold the
Constitution and the law, that I will conscientiously, impartially and to the best of
my knowledge, judgment and ability discharge the functions of my office.
30 Chap. 25:03 Tobago House of Assembly
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LAWS OF TRINIDAD AND TOBAGO
L.R.O.
(Sections 8, 33
and 37B).
[Section 9(2)].
THIRD SCHEDULE
OATH (OR AFFIRMATION) OF OFFICE FOR THE
CHIEF SECRETARY, THE DEPUTY CHIEF SECRETARY,
SECRETARIES AND ASSISTANT SECRETARIES
I, .................................................................................................., do swear by
......................................................................(solemnly affirm) that I will bear
true faith and allegiance to Trinidad and Tobago and will uphold the
Constitution and the law, that I will conscientiously, impartially and to the best
of my ability discharge my duties as Chief Secretary/Deputy Chief
Secretary/Secretary/Assistant Secretary and do right to all manner of people
without fear or favour, affection or ill-will.
FOURTH SCHEDULE
OATH (OR AFFIRMATION) OF OFFICE FOR
COUNCILLORS
I , .........................................................................................................., having
been appointed a Councillor for Tobago do swear by ....................................
.............................................. (solemnly affirm) that I will bear true faith and
allegiance to Trinidad and Tobago, will uphold the Constitution and the law,
and will conscientiously and impartially discharge the duties and
responsibilities of Councillor that I am now about to assume.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
[Section 25(1)]. FIFTH SCHEDULE
AREAS OF RESPONSIBILITY OF THE ASSEMBLY
1. Finance, that is to say the collection of revenue and the meeting of
expenditure incurred in the carrying out of the functions of the Assembly;
2. State Lands;
3. Land and marine parks;
4. Museums, archives, historical sites and historical buildings;
5. Public buildings and the maintenance of the residences of the President
and the Prime Minister;
6. Tourism;
7. Sports;
8. Culture and the Arts;
9. Community Development;
10. Co-operatives;
11. Agriculture;
12. Fisheries;
13. Food Production;
14. Forestry;
15. Town and Country Planning;
16. Infrastructure, including air and sea transportation, wharves and airports
and public utilities;
17. Telecommunications;
18. Highway and Roads;
19. Industrial Development;
20. The Environment;
21. Customs and Excise;
22. Licensing;
23. Health Services;
24. Library Services;
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Tobago House of Assembly Chap. 25:03 33
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
[Section 26(1)].
25. Education including Curriculum;
26. Social Welfare;
27. Marketing;
28. Valuations;
29. Postal services and collection of revenue therefrom;
30. Statistics and Information;
31. Housing;
32. Plant and Animal Quarantine;
33. Such other matters as the President may, by Order, assign to the Assembly.
SIXTH SCHEDULE
MATTERS FOR WHICH THE ASSEMBLY SHALL NOT
BE RESPONSIBLE
1. The President;
2. National Security;
3. Foreign Affairs;
4. Civil Aviation;
5. Meteorology;
6. Immigration;
7. Legal Affairs including the registration of legal documents;
8. Judiciary;
9. Auditor General;
10. Ombudsman;
11. Service Commissions.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
34 Chap. 25:03 Tobago House of Assembly
LAWS OF TRINIDAD AND TOBAGO
[Section 26(3)].
[4 of 2001].
SEVENTH SCHEDULE
SERVICES TO BE PERFORMED OR DELIVERED
IN TOBAGO
Services of—
1. the Supreme Court;
2. all Service Commissions;
3. the Ombudsman;
4. the Treasury, Comptroller of Accounts and Pensions Division;
5. the Government Printery;
6. the Registrar General;
7. the Probate Registry;
8. the Director of Public Prosecutions;
9. the Chief Parliamentary Counsel;
10. the Telecommunications Authority in respect of the issuing of
concessions and licences;
11. the National Training Board;
12. the Ministry responsible for Industry and Commerce in respect of the
granting of licences;
13. the Ministry responsible for Agriculture in respect of the granting
of licences;
14. CARIRI;
15. the Bureau of Standards;
16. the National Lotteries Control Board;
17. the Ministry responsible for National Security in respect of the issuance
of police certificates of good character, forensic science, work permits
and residency applications;
18. the Ministry of Health in respect of laboratory tests that are unable to be
performed in Tobago;
19. the Food and Drugs Division, Ministry of Health in respect of inspection
and analysis of food and drugs;
20. the Lands and Surveys Department in respect of compulsory acquisitions
and applications under the Real Property Act, Ch. 56:02.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
