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Trinidad and Tobago Housing Development Corporation
LAWS OF TRINIDAD AND TOBAGO

TRINIDAD AND TOBAGO HOUSING
DEVELOPMENT CORPORATION ACT

CHAPTER 33:03

Act
24 of 2005

Current Authorised Pages
Pages Authorised

(inclusive) by L.R.O.
1–29 ..

L.R.O. UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

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Note on Subsidiary Legislation

This Chapter contains no subsidiary legislation.

UNOFFICIAL VERSION


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CHAPTER 33:03

TRINIDAD AND TOBAGO HOUSING
DEVELOPMENT CORPORATION ACT

ARRANGEMENT OF SECTIONS

SECTION

PART I

PRELIMINARY
1. Short title.
2. Commencement.
3. Interpretation.
4. Act binds the State.

PART II

ESTABLISHMENT OF THE CORPORATION AND THE
BOARD

5. Establishment of the Trinidad and Tobago Housing Development
Corporation.

6. Seal of the Corporation.
7. Composition and appointment of Board.
8. Business of the Board.
9. Disclosure of interest of Managing Director and Board Members.

10. Establishment of committees to assist Board with its functions.
11. Obligations of the Board.
12. Powers of the Minister.
13. Functions and duties of the Corporation.
14. Powers of the Corporation.

PART III

MANAGING DIRECTOR
15. Appointment of Managing Director.
16. Relationship of the Managing Director with the Board.

PART IV

PLANNING AND MANAGEMENT
17. Preparation of corporate plan.
18. Board to keep proper accounts.
19. Audit.
20. Annual Report.



UNOFFICIAL VERSION


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21. The Corporation to inform Minister of commercial ventures.

PART V

FINANCE
22. Establishment of the Housing Development Corporation Fund.
23. Application of the Fund.
24. Creation of a reserve fund.
25. Determination of assets and capital.
26. Payment of return.
27. Borrowing from the Government.
28. Borrowing from non-Government sources.
29. Exemption from Central Tenders Board Act.

PART VI

STAFF
30. Board to employ staff.
31. Options available to officers of the Authority.
32. Options available to daily rated employees.
33. Persons to whom section 31 or 32 is not applicable.
34. Application of section 15(4) of the Pensions Act.
35. Corporation to establish pension fund plan.
36. Preservation and accrual of superannuation benefits.
37. Payment of superannuation benefits by the Corporation prior to the

establishment of the pension fund plan.
38. Payment of superannuation benefits by pension fund plan.
39. Representation.

PART VII

MISCELLANEOUS
40. Transitional.
41. Transfer and vesting of assets, liabilities, rights and obligations.
42. Minister may make Regulations.
43. Board may make regulations.
44. Partial repeal of the Housing Act.

FIRST SCHEDULE.
SECOND SCHEDULE.
THIRD SCHEDULE.

ARRANGEMENT OF SECTIONS—Continued

SECTION

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CHAPTER 33:03

TRINIDAD AND TOBAGO HOUSING
DEVELOPMENT CORPORATION ACT

An Act to establish the Trinidad and Tobago Housing
Development Corporation and for related matters.

*[ASSENTED TO 13TH SEPTEMBER 2005]

PART I

PRELIMINARY

1. This Act may be cited as the Trinidad and Tobago
Housing Development Corporation Act.

2. This Act came into operation on the 13th September 2005.

3. (1) In this Act—
“appointed day” means the date on which this Act comes into

operation;
“Authority” means the National Housing Authority established

by the Housing Act;
“Board” means the Board of the Trinidad and Tobago Housing

Development Corporation established under section 5 of
this Act;

“corporate plan” means a plan prepared in accordance with
section 16 of this Act;

“flat” means a separate and self-contained set of premises
constructed for use as a dwelling and forming part of a
building from some other part of which it is divided;

“house” means any premises used as a separate
dwelling or premises of a type suitable for use as a separate
dwelling and includes—

(a) a part of a building occupied or intended
to be occupied as a separate dwelling; and

(b) a flat;

*See section 2 for date of commencement of this Act.

24 of 2005.

Short title.

Commencement.
254/2005.

Interpretation.

Ch. 33:01.

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“housing project” means a project, together with the land upon
which it is situated consisting of one or more houses, together
with any public space, recreational facilities, commercial
space and other buildings appropriate to the project;

“Minister” means the Minister to whom responsibility for the
Trinidad and Tobago Housing Development Corporation is
assigned;

“pension fund plan” has the meaning assigned to it by section
28(1) of the Income Tax Act;

“subsidiary” means a company incorporated under the
Companies Act in which the Trinidad and Tobago Housing
Development Corporation—

(a) has a majority of voting rights;
(b) is a member of the company and can

appoint or dismiss the majority of the
directors; or

(c) is a member of the company and controls,
alone or in agreement with others, a
majority of the voting rights in that
company; and

“Tobago House of Assembly” means the Tobago House of
Assembly established by section 141A of the Constitution.

(2) For the purposes of section 13 “person” means a
citizen or resident of Trinidad and Tobago within the meaning of
the Immigration Act and for the purposes of section 14 “person”
means a company, the majority shareholders of which, are
citizens or residents.

4. This Act binds the State.

PART II

ESTABLISHMENT OF THE CORPORATION
AND THE BOARD

5. There is hereby established, a body corporate to be
known as “the Trinidad and Tobago Housing Development
Corporation” (hereinafter referred to as “the Corporation”).

Ch. 75:01.

Ch. 81:01.

Ch. 1:01.

Ch. 18:01.

Act binds the
State.

Establishment
of the Trinidad
and Tobago
Housing
Development
Corporation.

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6. (1) The Corporation shall have a seal which shall be kept
in the custody either of the Chairman or the Deputy Chairman or
the Secretary as the Corporation may determine, and may be
affixed to instruments made pursuant to this Act or to a resolution
of the Board and in the presence of the Chairman or Deputy
Chairman, or other member of the Board and the Secretary.

(2) The Seal of the Corporation shall be attested by the
signature of the Chairman, Deputy Chairman or other member of
the Board and the Secretary.

(3) All documents, other than those required by law to
be under seal made by, and all decisions of the Corporation may
be signified under the hand of the Chairman or Deputy Chairman
or the Secretary.

(4) Service upon the Corporation of any notice, order or
other document shall be executed by delivering the same or by
sending it by registered post addressed to the Secretary at the
office of the Corporation.

7. (1) The business of the Corporation shall be
managed by its Board which shall be comprised of no less than
five and no more than nine members appointed by the President,
who by reason of their qualification and experience are capable
of contributing meaningfully to the deliberations of the Board.

(2) The President may appoint any two members of the
Board to be Chairman and Deputy Chairman.

(3) At least one member of the Board shall be appointed
by the President after consultation with the Chief Secretary of
the Tobago House of Assembly.

(4) A member of the Board shall be appointed on the
terms and conditions specified in the First Schedule.

(5) An appointment, termination or resignation of a
member of the Board shall be published in the Gazette.

(6) The Minister may by Order, amend the First
Schedule.

Seal of the
Corporation.

Composition
and
appointment of
Board.

First Schedule.

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8. (1) The Board shall conduct its business in the manner
specified in the Second Schedule.

(2) The Board may by Order, amend the Second
Schedule.

9. (1) The Managing Director and every member of the
Board shall give in writing—

(a) notice to the Board of all direct or indirect
pecuniary interests that they have or acquired in
any business or in any body corporate carrying
on any business with the Corporation in the
exercise of its functions; and

(b) an undertaking that they will not engage,
directly or indirectly, in any business or
professional activity which would conflict with
the performance of their duties to the
Corporation as Managing Director or Board
member as the case may be with the functions
of the Corporation.

(2) A member of the Board who has a direct or indirect
pecuniary interest in a matter being considered or about to be
considered by the Board shall—

(a) as soon as possible after the relevant facts come
to his knowledge, disclose the nature of his
interest before the Board deliberates on the
matter; and

(b) shall not solicit the support of any other
member of the Board or any officer or any
member of staff of the Corporation to obtain an
advantage over any other person in the matter
being considered.

(3) Disclosure by a member of the Board under
subsection (1), shall be recorded in the minutes of the meeting of
the Board and after such disclosure the member shall not—

(a) be present during any deliberation of the Board
with respect to that matter; or

Business of the
Board.
Second
Schedule.

Disclosure of
interest of
Managing
Director and
Board
Members.

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(b) take part in any decision of the Board with
respect to that matter.

10. The Board may form committees comprising its
members or other persons to assist in the performance of the
functions of the Corporation and shall with the approval of the
Minister declare by resolution, the remuneration and allowances
if any of members of the Committees.

11. The Board, in ensuring the performance of the functions
of the Corporation, shall exercise due care and act in a prudent
and conscientious manner.

12. The Minister may give to the Board directions in writing
of a specific or general nature to be followed in the performance
of its functions or the exercise of its powers under this Act, with
which the Board shall comply.

13. (1) Subject to this Act, it shall be the function and duty
of the Corporation to—

(a) do all things necessary and convenient for or in
connection with the provision of affordable
shelter and associated community facilities for
low and middle income persons;

(b) carry on any business activity that is incidental
to or which may be performed conveniently by
the Corporation or which may assist the
Corporation in connection with its delivery of
the services referred to in paragraph (a); and

(c) implement the broad policy of the Government
in relation to housing as may be directed by the
Minister from time to time.

(2) Without limiting the generality of subsection (1), the
Corporation may—

(a) prepare and execute proposals, plans and
projects for—

(i) the erection, conversion, improvement,
distribution and extension of any

Establishment
of committees
to assist Board
with its
functions.

Obligations of
the Board.

Powers of the
Minister.

Functions and
duties of the
Corporation.

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houses for sale, lease, rental or other
purpose; and

(ii) the clearance and redevelopment of slum
areas;

(b) manage all lands, houses, including houses held
on leases and buildings or other property vested
in it, belonging to it or under its control;

(c) carry out investigations and the surveys
necessary for the performance of its functions
and duties;

(d) provide services in accordance with this Act for
owners or occupiers of houses including
arranging for or carrying out works or
maintenance, repair or improvements or
encouraging or facilitating the carrying out of
such works;

(e) acquire houses, land or housing projects by way
of purchase, lease or otherwise;

(f) sell, lease, exchange or otherwise dispose of
real or personal property acquired by it
pursuant to this Act;

(g) cause to be prepared and undertaken, directly or
in co-operation with any Ministry or agency of
the Government or with any other government
or with any university, educational institution or
person, programmes or technical research and
investigation into the improvement and
development of methods of construction,
standards, material, equipment, fabrication,
planning, designing and other factors involved
in the construction or provision of improved
housing accommodation in Trinidad and Tobago
and co-ordinate the programmes or measures
undertaken in Trinidad and Tobago with special
reference to housing accommodation for
families of low or middle incomes;

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(h) appoint agents and attorneys and act as agent
for other persons;

(i) form and participate in the formation, subscribe
for and purchase of shares, debentures and other
securities of companies;

(j) subscribe for and purchase shares, debentures,
and other securities of companies, the business
of which relates to the functions of the
Corporation as identified in section 13;

(k) participate in partnerships, trusts,
unincorporated joint ventures and other
arrangements for the carrying out or sharing of
profits from the carrying out of the services
provided under this Act;

(l) make provision in such manner as it deems
advisable or in co-operation with any
department or agency of the Government, or
with any other government or with any
university, educational institution or person, for
promoting training in the construction or
designing of houses, in land planning or
community planning or in the management or
operation of housing projects;

(m) construct housing units for experimental
purposes upon land owned by the State or to be
acquired for such purposes;

(n) participate with local authorities in housing
projects;

(o) borrow money and give guarantees;
(p) issue debentures and grant floating charges on

its property;
(q) engage consultants;
(r) accept gifts, grants, bequests and devices made

to it, and act as trustee for money and other
property vested in it on trust;

(s) provide consultancy and project management
services;

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(t) fix charges and fix terms and conditions of
work done, or for services, goods and
information supplied by it;

(u) where it deems necessary or convenient in
furtherance of its mandate make direct loans or
soft loans in accordance with the Housing Act;

(v) directly or by contract—
(i) install services in and effect

improvements to in respect of land
acquired by it and develop and lay out the
land for housing purposes;

(ii) construct, convert or improve housing
projects;

(iii) acquire building material and equipment
and other personal property for use in
connection with housing projects;

(iv) hold, operate, manage, maintain,
supervise, alter, renovate, add to,
improve, repair, demolish, and salvage
properties acquired by it; and

(v) exercise all powers which are incidental
to those specified in this section.

14. (1) The Corporation has the power to do all things
necessary and convenient to be done for, or in connection with
the performance of its functions specified in section 13.

(2) Notwithstanding the generality of subsection (1),
the Corporation shall, in respect of Tobago be subject to the
provisions of the Tobago House of Assembly Act and in
particular section 25(3).

PART III

MANAGING DIRECTOR

15. (1) The Board shall appoint as Managing Director, a
person who, in its opinion has demonstrated the necessary skill
and experience in corporate management.

Ch. 33:01.

Powers of the
Corporation.

Ch. 25:03.

Appointment of
Managing
Director.



UNOFFICIAL VERSION


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(2) The Managing Director shall hold office for such
period not exceeding five years, as is specified in the instrument
of appointment, and is eligible for reappointment.

(3) The terms and conditions of employment of the
Managing Director shall be approved by the Minister.

16. (1) The Managing Director shall be responsible for the
day-to-day management of the Corporation subject to the
general directions of, and in accordance with policies laid down
by the Board.

(2) All acts and things done in the name of or on behalf
of the Corporation by the Managing Director shall be deemed to
have been done by the Corporation.

PART IV

PLANNING AND MANAGEMENT

17. (1) The Board shall prepare and submit a corporate plan
for the Corporation and its subsidiaries to the Minister.

(2) The first corporate plan shall be for a period of not
less than three years and no more than five years beginning on a
date no later than six months after the commencement of this
Act, and each subsequent corporate plan shall take effect
immediately on the expiry of the previous corporate plan and
shall be for a period not exceeding three years.

(3) The Board may review and revise a corporate plan
prepared under subsection (1) at any time.

18. The Board shall—
(a) cause proper books, accounts and records to be

maintained in accordance with internationally
and locally recognised accounting standards,
principles and practices; and

(b) ensure that—
(i) al l payments by the Corporat ion

a re correctly made and properly
authorised; and

Relationship of
the Managing
Director with
the Board.

Preparation of
corporate plan.

Board to keep
proper
accounts.

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(ii) adequate control is maintained over the
management of assets and the incurring
of liabilities.

19. (1) The accounts of the Corporation and its
subsidiaries shall be audited annually by the Auditor General or
by an auditor authorised by the Auditor General in writing for
that purpose.

(2) The Auditor General or the auditor referred to in
subsection (1), shall have access to all books of accounts,
records, documents, assets and information concerning the
Corporation and its subsidiaries.

(3) Nothing in subsection (1) precludes the Auditor
General, the auditor referred to in subsection (1), or an auditor
engaged by the Board from performing a management or
comprehensive audit of the activities of the Corporation.

(4) On completion of any audit of the Corporation, the
Auditor General or the auditor referred to in subsection (1), as
the case may be, shall immediately draw to the attention of the
Minister and the Board of any irregularity disclosed by the audit
which, in the opinion of the Auditor General or the auditor, is of
sufficient importance to justify doing so.

(5) The Auditor General or the auditor referred to in
subsection (1), shall submit to the Minister and the Board a
report on the results of the annual audit.

(6) The report referred to in subsection (5), shall
include—

(a) a statement on the accounting policies for the
services provided by the Corporation and its
subsidiaries; and

(b) an opinion whether the financial statements
present fairly in all material respects, the
financial position of the Corporation and its
subsidiaries and the result of its operation and

Audit.

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its cash flows in accordance with
international accounting standards adopted
by the Institute of Chartered Accountants of
Trinidad and Tobago.

(7) For the purpose of an audit conducted under this
Act, the Exchequer and Audit Act shall apply as if an audit
referred to in this section is one to which that Act applies.

20. (1) The Board shall, within three months of the end of
each financial year, submit an annual report to the Minister in
respect of the operation of the Corporation and its subsidiaries.

(2) The Minister shall lay the annual report in
Parliament within three months of his receipt of the report and
if Parliament is not then in session, within three months after
the commencement of its next session.

21. Where the Corporation or a subsidiary proposes to—
(a) form or participate in the formation of a

company;

(b) participate in a company, partnership, trust,
unincorporated joint venture or other
arrangement for the sharing of profits;

(c) acquire more than ten per cent of the
shareholding in a company or business;

(d) expend more than five million dollars in a new
business;

(e) undertake a significant new business activity; or

(f) make a significant change in the nature or
extent of its interest in a company, partnership,
trust, unincorporated joint venture or other
arrangement for the sharing of profits,

the Board shall immediately give written notice of the
particulars of the proposed activity to the Minister.

Ch. 69:01.

Annual Report.

The
Corporation to
inform Minister
of commercial
ventures.

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PART V

FINANCE

22. (1) There is hereby established a fund to be known as
the “Housing Development Corporation Fund” (hereinafter
referred to as “the Fund”).

(2) The Fund shall comprise of—
(a) appropriations by Parliament from the

Consolidated Fund;
(b) those sums which at the commencement of this

Act stand to the credit of the Government under
the Housing Act or the Authority whether under
the Housing Act or otherwise;

(c) such sums received by the Corporation from
international organisations, multilateral or
bilateral lending agencies or corporations for
the exercise of any of the functions of the
Corporation;

(d) the capital of the Corporation;
(e) sums received by or owed to the Corporation in

respect of its functions; and
(f) any other sum paid to the Corporation in respect

of the performance of its functions and the
exercise of its powers.

23. The Fund shall be applied in defraying the
following expenditure:

(a) the acquisition of real and personal property by
the Corporation in the course of performing its
functions;

(b) the remuneration payable to employees;
(c) the remuneration and honoraria of members of

the Board or a member of any committee;
(d) contributions to the pension fund plan referred

to in section 35;
(e) fees for the services of consultants;

Establishment
of the Housing
Development
Corporation
Fund.

Ch. 33:01.

Application of
the Fund.

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(f) capital and operating expenses, including
maintenance and insurance of the property of
the Corporation;

(g) the making and maintenance of investments
and loans by the Corporation in the discharge of
its functions;

(h) the payment of returns to the Government in
accordance with section 26; and

(i) any other expenditure authorised by the
Corporation in the discharge of its functions.

24. Any balance of the Fund after defraying any
expenditure referred to in section 23 may be—

(a) applied to the creation of reserve fund to
finance future expansion of capital works and
improvement of services of the Corporation; or

(b) invested in any manner that is consistent with
sound business practice.

25. (1) The Minister shall, after consultation with the Board
determine in writing and as soon as practicable after the
commencement of this Act, the initial capital of the Corporation.

(2) The Minister shall lay in Parliament as soon as
practicable after the commencement of this Act, a report which
shall include—

(a) a statement of the amount of the Corporation’s
initial capital referred to in subsection (1);

(b) a statement of any liabilities converted into
capital;

(c) a statement of any amounts paid by way of
Parliamentary appropriation; and

(d) a copy of the valuation referred to in section 41(4).

26. (1) Within three months after the end of each financial
year, the Board in consultation with the Minister of Finance by
written notice, may recommend to the Minister that the

Creation of a
reserve fund.

Determination
of assets and
capital.

Payment of
return.

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Corporation pay a return to the Government, according to
principles determined jointly by the Minister and the Board.

(2) In making the recommendation, the Board shall
have regard to those matters required to be considered in setting
its financial target.

(3) The Minister shall, after consultation with the
Minister of Finance within sixty days after receiving that
recommendation, either—

(a) approve the recommendation; or
(b) direct the payment of the recommended return

or a different return as the case may be.

(4) The return payable for a financial year shall not
exceed the net profit of the Corporation.

(5) The return shall be paid within six months of the
notice referred to in subsection (1), or within such period as the
Minister directs.

27. The Minister with responsibility for finance may, on
behalf of the Government, out of money appropriated by
Parliament for the purpose, lend money to the Corporation on
such terms and conditions as he determines in writing.

28. (1) The Corporation may, with the approval of the
Minister and the Minister with responsibility for finance—

(a) borrow money from bodies other than the
Government; and

(b) give security over the whole or any part of its
assets for the due performance of its
obligations incurred pursuant to this
section.

(2) Money may be borrowed by the Corporation wholly
or partly in foreign currency.

29. (1) Subject to subsection (3), the Corporation in
pursuance of its functions, is exempt from the Central Tenders
Board Act.

Borrowing
from the
Government.

Borrowing
from non-
Government
sources.

Exemption
from Central
Tenders Board
Act.
Ch. 71:91.

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(2) The Board shall, subject to the Minister’s approval,
make rules relating to the award of tenders and contracts and
those rules shall govern the conduct of the award of tenders and
related matters.

(3) Until the rules are made under subsection (2), the
Corporation shall follow the procedures detailed in the Central
Tenders Board Act.

(4) Rules made under this section shall be subject to
negative resolution of Parliament.

(5) Rules made under this section shall be available to
any person on request and on payment of the prescribed fee.

PART VI

STAFF

30. The Board may within an organisational structure
approved by the Minister—

(a) employ such staff as is required by the
Corporation for the proper administration of its
functions; and

(b) fix qualifications, terms and conditions of
service and salaries for its employees.

31. (1) This section applies to a person who on the date of
assent of this Act—

(a) holds a permanent appointment to; or
(b) holds a temporary appointment to, and has

served at least two continuous years in,

an office specified in the Third Schedule.

(2) A person to whom this section applies may, within
six months of the appointed day, exercise one of the following
options:

(a) to retire voluntarily from the service of the
Authority on terms and conditions agreed
between him or the appropriate recognised

Ch. 71:91.

Board to
employ staff.

Options
available to
officers of the
Authority.

Third Schedule.

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association representing him and the Chief
Personnel Officer; or

(b) to transfer to the Corporation with the approval
of the Statutory Authorities Service
Commission on terms and conditions no less
favourable than those enjoyed by him in the
service of the Authority.

32. (1) This section applies to any person who is not a
public officer but on the appointed day—

(a) holds a permanent appointment to; or
(b) holds a temporary appointment to, and has

served at least two continuous years in,

a position specified in the establishment of the Authority.

(2) A person to whom this section applies, may within
six months of the appointed day exercise one of the following
options:

(a) to retire voluntarily from the service of the
Authority on terms and conditions agreed
between him or the recognised majority union
representing him and the Authority; or

(b) accept an offer of employment in the
Corporation on terms and conditions no less
favourable than those enjoyed by him in the
Authority.

33. Any person who is on the coming into operation of this
Act in the service of and has served for at least two continuous
years in the Authority and to whom section 31 or 32 does not
apply shall be treated, as regards the benefits which that person
is entitled to by contract or otherwise, no less favourable than the
persons referred to in sections 31 and 32.

34. Where a person to whom section 31 or 32 applies does
not exercise any of the options made available to him, the
office which he holds shall from the date of coming into

Options
available to
daily rated
employees.

Persons to
whom section
31 or 32 is not
applicable.

Application of
section 15(4) of
the Pensions
Act.

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operation of this Act be deemed to be abolished for the
purposes of payment of a pension to that person under
section 15(4) of the Pensions Act.

35. (1) The Corporation shall, within two years of the
appointed day, establish a pension fund plan.

(2) All employees of the Corporation are eligible to be
members of the pension fund plan.

36. The superannuation benefits which have accrued to a
person who exercises the option under section 31(2)(b) or
32(2)(b) as applicable, shall be preserved at the date of his
employment by the Corporation, and such person and such
benefits shall continue to accrue under the Pensions Act up to the
date of the establishment of the pension fund plan on the basis of
salary applicable to the office which he held immediately prior
to his employment by the Corporation.

37. (1) Where an employee of the Corporation who
exercises the option referred to in section 31(2)(b) or 32(2)(b)
retires, dies or is retrenched prior to the establishment of the
pension fund plan, and at the date of retirement, death, or
retrenchment was in receipt of a salary higher than that referred
to in section 36, the superannuation benefits payable to his estate
or him shall be based on the higher salary.

(2) The difference between the superannuation benefits
payable on the basis of the higher salary and those payable under
the Pensions Act on the basis of the salary referred to in section 35,
shall be paid by the Corporation.

38. (1) Where an employee of the Corporation who
exercises the option referred to in section 31(2)(b) or 32(2)(b)
retires, dies or is retrenched and is a member of the pension fund
plan, he or his estate shall be paid superannuation benefits by the
pension fund plan at the amount, which when combined with the
preserved superannuation benefits payable under section 37, the
equivalent to the benefits based on his pensionable service in the

Ch. 23:52.

Corporation to
establish
pension fund
plan.

Preservation
and accrual of
superannuation
benefits.

Ch. 23:52.

Payment of
superannuation
benefits by the
Corporation
prior to the
establishment
of the pension
fund plan.

Ch. 23:52.

Payment of
superannuation
benefits by
pension fund
plan.

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public service combined with his service in the Corporation and
calculated at the pensionable salary applicable to him on the date
of his retirement, death or retrenchment.

(2) For the purposes of subsection (1), “pensionable
salary” has the meaning given to it by the pension fund plan.

39. (1) Subject to the Industrial Relations Act, the Public
Services Association of Trinidad and Tobago and National Union
of Government and Federated Workers shall be deemed to be
certified recognised majority unions under Part III of the
Industrial Relations Act for the bargaining units comprising the
monthly paid and daily paid employees of the Corporation.

(2) An application for the certification of
recognition under Part III of the Industrial Relations Act shall not
be entertained or proceeded with where the application is made
earlier than two years from the date on which this amendment
comes into force, but an application may be made with leave of
the Court although two years have not expired since the
amendment came into force, in which event the
procedures set out under section 38(2) and (3) of the Industrial
Relations Act shall apply.

(3) Employees of the Corporation may form an
association which may be registered as a trade union or may join
a trade union.

PART VII

MISCELLANEOUS

40. On the appointed day all the rights and
responsibilities of the Authority under the Slum Clearance and
Housing Act shall vest in the Corporation.

41. (1) On the appointed day all assets, liabilities, rights and
obligations of the Authority (hereinafter referred to as “the
undertakings”) are hereby transferred to and vested in the
Corporation.

Representation.

Ch. 88:01.

Transitional
Chap. 33:02.

Transfer and
vesting of
assets,
liabilities,
rights and
obligations.

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(2) The effect of the vesting of the undertakings shall be
that from the appointed day—

(a) every contract existing before the appointed day
to which the Authority was a party, whether in
writing or not, shall be construed and have
effect as if—

(i) the Corporation were a party instead of
the Authority;

(ii) for any reference to the Authority,
whether express or implied, there were
substituted as respect anything falling to
be done on or after the appointed day, a
reference to the Corporation; and

(iii) any reference, whether express or
implied, to any director, officer, clerk or
servant of the Authority were, in respect
of anything falling to be done on or after
the appointed day, a reference to such
director, officer, clerk or servant of the
Corporation as it may appoint, or, in
default of appointment to the director,
officer, clerk or servant of the
Corporation who corresponds as nearly
as may be to such director, officer, clerk
or servant of the Authority;

(b) any account between the Authority and any
other party shall become an account between
the Corporation and that other party;

(c) any instruction, direction, mandate, power of
attorney or consent given to or by the Authority
and is in existence before the appointed day
shall have effect as if given to or by the
Corporation;

(d) any negotiable instrument or order for
payment of money, which is expressed to be
drawn on or given to or accepted or endorsed by

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the Authority or payable to the Authority, shall
have effect as if it had been drawn on or given
to or accepted or endorsed by the Corporation
or payable to the Corporation;

(e) any security provided by or for the Authority
that before the appointed day was held as
security for the payment or discharge of a debt
or liability or obligation, whether present or
future, actual or contingent, shall be held by and
be available to a holder, as security for the
payment or discharge by the Corporation of that
debt or liability or obligation, and any such
security which extends to future advances and
future liabilities shall on and from the appointed
day, be held by and be available to the holder as
security for future advances and future
liabilities of the Corporation in the same
manner and in all respect as future advances to
or liabilities of the Authority were secured
immediately before the appointed day; and

(f) any judgment or award obtained by or against
the Authority and not fully satisfied shall be
enforceable by or against the Corporation.

(3) The Stamp Duty Act or any other charge
enforceable by a written law with respect to the conveying of
property and the transfer of assets, rights and obligations shall
not apply to the vesting of property in the Corporation.

(4) Within five years of the appointed day, the value of
the property vested in the Corporation under this section shall be
determined by an independent valuator who shall report to the
Board and thereafter once in every five years the Board shall cause
valuation of the Corporation’s assets to be done by an independent
valuator in accordance with normal commercial practices.

42. (1) The Minister may make Regulations
prescribing matters—

(a) required or permitted by this Act to be
prescribed; or

Ch. 76:01.

Minister may
make
Regulations.

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(b) necessary or convenient for carrying out or
giving effect to this Act, and in particular for
and in relation to housing matters including the
operational and financial services of the
Corporation and its subsidiaries.

(2) Regulations made under this section shall be subject
to negative resolution of Parliament.

43. (1) The Board may, with the approval of the Minister
make regulations prescribing—

(a) appropriate standards for construction of
houses; and

(b) fees or charges that may be made by the
Corporation or any other person in
connection with this Act.

(2) The Board shall ensure that regulations made under
subsection (1)(a) and (b) are available to the public at any of the
Corporation’s offices.

(3) Regulations made under this section shall be subject
to negative resolution of Parliament.

44. Sections 3 through 10 and sections 65 through 78 of the
Housing Act, are hereby repealed.

Board may
make
regulations.

Partial repeal of
the Housing
Act.

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FIRST SCHEDULE

TERMS AND CONDITIONS OF BOARD MEMBERS

1. (1) A member of the Board other than the Managing Director, shall
hold office for a term not exceeding three years and is eligible for
reappointment.

(2) No member of the Board, other than the Managing Director,
shall hold office for more than two consecutive terms.

(3) The appointment of a person is not invalidated and shall not be
called into question by reason of a defect or procedural irregularity in, or in
connection with his appointment.

(4) A member who is absent without leave for three
consecutive meetings of the Board is deemed to have resigned his
membership of the Board.

(5) The appointment of a member may be terminated at any time.

2. (1) The Minister may appoint a person who is not a member of the
Board to act as a member—

(a) during a vacancy in the office of a member (whether or not
an appointment has previously been made to the office); or

(b) during any period when a member is absent from duty or
from Trinidad and Tobago or is, for any other reason
(including the reason that a member is acting as Chairman)
unable to perform the duties of the office of the member,

and such a person appointed to act during a vacancy shall not continue to act
for more than six months.

(2) An appointment of a person under subclause (1), may be
expressed to have effect only in such circumstances as are specified in the
instrument of appointment.

(3) The Minister may—

(a) determine the terms and conditions of appointment,
including remuneration and allowances in respect of a
person appointed to act under subclause (1); and

(b) terminate such an appointment at any time.

(4) Where a person is acting in an office under clause (1)(b) and the
office becomes vacant while the person is so acting, that person may continue
so to act until the Minister otherwise directs, the vacancy is filled or a period
of six months from the date on which the vacancy occurred expires,
whichever occurs first.

[Section 7(4)]

Terms and
conditions of
Board
Members.

Acting
members.

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3. The Board shall pay its members such remuneration as may be
approved by the Minister.

4. The Chairman may excuse a member from attending a meeting of
the Board.

5. (1) The Chairman may resign by instrument in writing addressed to
the President through the Minister.

(2) A member of the Board, other than the Chairman and the
Managing Director, may resign by instrument in writing addressed to the
Chairman, who shall cause it to be forwarded to the President through
the Minister.

SECOND SCHEDULE

CONDUCT OF PROCEEDINGS BY THE BOARD

1. The Chairman or, if for any reason the Chairman is unable to act, the
Deputy Chairman shall—

(a) not less than once every two months convene such meetings
of the Board, as are necessary for the efficient conduct of its
functions; and

(b) on receipt of a written request signed by not fewer than three
members, convene a meeting of the Board.

2. The Minister may at any time convene a meeting of the Board by
written notice to the Chairman.

3. The quorum of a meeting of the Board is five members.

4. (1) The Chairman shall preside at all meetings of the Board at
which he is present.

(2) In the event of the absence of the Chairman from a meeting of
the Board, the Deputy Chairman shall preside at the meeting.

(3) In the event of the absence of both the Chairman and the Deputy
Chairman from a meeting of the Board, the members present shall elect one
of their number to preside at that meeting.

(4) All questions arising at a meeting of the Board shall be decided
by a majority of the votes of the members present and voting, including the
member presiding.

Remuneration
of members of
Board.

Leave of
absence.

Resignation of
Chairman and
Members.

(Section 8).

Meetings of
Board.

Convening of
meeting.

Quorum.

Procedure at
meetings.

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Performance of
Board’s
functions.

[Section 35(1)].

(5) In the event of an equality of votes on a resolution proposed at
a meeting of the Board, the resolution shall be taken not to be passed but if
the same resolution is proposed at the first meeting of the Board held after the
date of that first mentioned meeting and there is again an equality of votes, the
member presiding has a casting vote on the resolution.

(6) The Board may determine the conduct of proceedings at its
meetings as it thinks fit.

(7) The Board shall provide a signed and confirmed copy of the
minutes to the Minister within one week of the confirmation of the minutes.

5. The performance of the functions or exercise of the powers of the
Board is not affected by reason only—

(a) of their being a vacancy in the membership of the Board;

(b) that there is a vacancy in the office of Chairman or
Managing Director; or

(c) the number of persons appointed under section 7(1) falls
below seven for no longer than two months.

THIRD SCHEDULE

OFFICES IN THE STATUTORY AUTHORITIES’ SERVICE
COMMISSION ON ESTABLISHMENT OF THE AUTHORITY

Chief Executive Human Storekeeper Clerk/ Clerk II
Officer Resource Stenographer IV

Officer III

Deputy Administrative Public Clerk IV Stores Clerk II
Executive Officer Officer IV Relations

Officer

Director Human Human Engineering Auditing Electronic
Resource Resource Assistant IV Assistant Data
Services Officer II Processing

Control
Clerk I

Technical and Quantity Engineering Community Clerk/
Planning Services Surveyor I Assistant III Development Stenographer II
Superintendent Officer I

Operations Property Financial & Paymaster I Clerk/Typist II
Superintendent Maintenance Planning

Co-ordinator Officer

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Economic and Civil Collections & Works Motor Vehicle
Financial Engineer I Loans Officer Supervisor I Driver
Affairs
Superintendent

Senior Human Auditor III Accountant II Engineering Machine
Resource Officer Assistant I Operator I

Private Architect I Auditor I Draughtsman I Clerk/
Development Stenographer I
Co-ordinator

Social Affairs Sociologist Administrative Conveyancing Messenger II
Officer Assistant Clerk I

Regional Officer Legal Services Community Clerk/ Clerk I
Advisor Development Stenographer III

Officer II

Quantity Solicitor I Works Accounting Telephone
Surveyor II Supervisor II Assistant Operator I

Land Settlement Programmer I Engineer Audit Trainee Clerk/Typist I
Co-ordinator Assistant II

Development and Auditor II Engineer Clerk III Receptionist
Construction Surveyor II
Engineer

Civil Engineer II Housing Draughtsman III Public Messenger I
Superintendent Relations

Assistant

Cost Quantity Administrative Machine Room Senior
Surveyor Officer II Supervisor Machine Room

Operator

Architect II Human Accountant I Title Clerk I
Resource
Officer I

Accountant IV Research Draughtsman II Cashier II
Officer I

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