Municipal Corporations Act. (Cap. 25:04)

muNICIPAL CORPORATIONS ACT ChAPTeR 25:04 Current Authorised Pages Pages Authorised (inclusive) by L.R.O. 1–2 .. 3–14 .. 1/2009 15–16 .. 17–20 .. 1/2009 21–22 .. 23–68 .. 1/2009 69–70 .. 71–124 .. 1/2009 125–126 .. 127–134 .. 1/2009 135–168 .. Act 21 of 1990 Amended by 28 of 1991 7 of 1992* 8 of 1992 36 of 1995* 18 of 1998 13 of 2003 14 of 2006 18 of 2007 11 of 2008 5 of 2009 6 of 2009 *See Note on page 3 LAWS OF TRINIDAD AND TOBAGO L.R.O. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 2 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO Index of Subsidiary Legislation Page Municipal Corporations Order (LN 133/1993) … … … … 167 Municipal Corporations Order (LN 194/1996) … … … … 168 Note on Omissions The following Subsidiary Legislation have been omitted: A. Vesting Orders made under section 7A of the Act. B. Standing Orders made under section 66 of the Act with respect to— (i) City Corporations; (ii) Borough Corporations; and (iii) Regional Corporations. C. Market Bye-laws made under section 196 of the Act. D. Abattoir Bye-laws made under section 208 of the Act. E. Municipal Corporations Orders made under sections 48 and 187 of the Act. (For references to the above Vesting Orders, Standing Orders, Market Bye-laws and Abattoir Bye-laws—See the Current Index of Acts and Subsidiary Legislation. N.B.—Although the above Vesting Orders, Standing Orders, Market Bye-laws, Abattoir Bye laws and Municipal Corporations Orders are of importance, the need for reference to them is very limited and in view of their length it is not considered practical to publish them in the Revised Edition. They are issued with the Gazette and published in the Annual Volumes of the Acts and Subsidiary Legislation of Trinidad and Tobago and copies may be purchased from the Government Printery. Note on Commencement Dates 14th September, 1990: Legal Notice 182/1990 brought sections 1 and 273 into operation with effect from 14th September, 1990. 3rd April, 1991: Legal Notice 39/1991 brought the following sections and Schedules into operation with effect from 3rd April, 1991— (a) sections 2, with respect to the definitions of “elector”, “electoral district”, “Municipality” and “Returning Officer”, 3, 4, 5(1), 11(1), (2), (3) and 275; and (b) the First, Second, Third Schedules and the Eleventh Schedule, in so far as this Schedule applies to section 2 and the First Schedule of the Representation of the People Act, Ch. 2:01, section 82 of the Interpretation Act, Ch. 3:01 and sections 2, 3 and the First and Second Schedules of the Elections and Boundaries Commission (Local Government) Act, Ch. 25:50. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 Municipal Corporations Chap. 25:04 3 LAWS OF TRINIDAD AND TOBAGO L.R.O. 1/2009 Municipal Corporations Chap. 25:04 3 LAWS OF TRINIDAD AND TOBAGO 1st October, 1991: Legal Notice 129/1991 brought the following portions of the Act into operation with effect from 1st October, 1991— (a) all portions not yet proclaimed in so far as they apply to the City of Port-of-Spain, the City of San Fernando, the Borough of Arima and the Borough of Point Fortin; and (b) all portions not yet proclaimed, other than— (i) section 207; and (ii) those sections and Schedules falling under or relating to Parts III, V and VII, in so far as they apply to the several new Municipal Corporations established under section 4 of the said Act. 1st September, 1991: Legal Notice 129/1993 brought section 207 into operation in so far as it applies to the Municipal Corporations established under section 4. 17th June, 1996: Legal Notice 90/1996 brought into operation the following Parts and Schedules into operation— (a) Parts III, V, VII in so far as these apply to the several new Municipal Corporations established under section 4 of the Act; and (b) the Fifth, Sixth, Seventh and Ninth Schedules. Note on Sections 210, 211 and 213 Sections 210, 211 and 213 make reference to the Twelfth and Thirteenth Schedules. However, these Schedules are not contained in the Act. Note on Acts Nos. 7 of 1992 and 36 of 1995 (These Acts have been spent). MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 4 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO ChAPTeR 25:04 muNICIPAL CORPORATIONS ACT ARRANGEMENT OF SECTIONS SeCTION 1. Short title and commencement. PART I 2. Interpretation. 3. Continuation of former Municipal Corporations. 4. Establishment of new Municipal Corporations. 5. Application of Act. 6. Contents of Orders. 7. Continuation of powers, rights and property of preceding Corporations. 7A. Vesting of powers, rights and property in the State. PART II CONSTITuTION AND GOveRNmeNT OF muNICIPAL CORPORATIONS 8. Constitution of Municipal Corporations. 9. Extent of Municipalities. 10. Constitution of Council. 11. Councillors representation, term of office and qualification. 12. Number, qualification and term of office of Aldermen. 13. Election of Aldermen. Method of election. 14. Election of Mayor and Deputy Mayor. 15. Term of office and honorarium of Mayor. 16. Removal of Mayor as Chairman. 17. Honoraria and allowances. Convenor. 18. Regulations prescribing allowances payable to holders of corporate office. 19. Transitional holders of corporate office to continue to hold office until election. 20. Mayor and Deputy Mayor to be Justices of the Peace. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 Municipal Corporations Chap. 25:04 5 LAWS OF TRINIDAD AND TOBAGO L.R.O. 1/2009 21. Deputy Mayor to act for Mayor. 22. Penalty refusing to accept office. 23. Recovery of fine. 24. Declaration of acceptance of office. 25. Fine on resignation. 26. Eligibility. 27. Vacation of corporate office. 28. Person elected to corporate office may declare that he is not qualified. 29. Issue of writ for election. 30. New election in certain cases. 31. Penalty. 32. Validity of acts of corporate officer notwithstanding disqualification. 33. Validity of election notwithstanding want of qualification of returning officer. 34. Officers of a Corporation. 35. Appointment of Officers. 36. Chief Officers. 37. Vacancy in office of Chief Officer. 38. Functions of the Chief Executive Officer. 39. Functions of the Corporation Secretary. 40. Functions of the Treasurer. 41. Functions of the Engineer. 42. Functions of the Medical Officer of Health. 43. The Chief Public Health Inspector. 44. Accountability of officers. 45. Employees other than officers of the Corporation. 46. Council to consult appropriate organisation. 47. Appointment of bailiff. PART III muNICIPAL POLICe SeRvICe 48. Municipal Police Service. 49. President may issue arms to Service. 50. Precept by Commissioner of Police. 51. Badges and uniforms. SeCTION MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 6 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO 52. Authority of Police Commissioner. 53. General powers and immunities of Municipal Police Officers. 54. Offenders may be arrested without warrant. 55. Power to bail. 56. Municipal Police Officers may lay information and conduct proceedings. 57. Sale of stolen or abandoned property. 58. Certain Municipal Police Officers to be Justices. 59. Policing beyond boundaries of Municipality. 60. Regulations for Municipal Police Service. 61. Regulations respecting arms. PART Iv meeTINGS AND PROCeeDINGS OF The COuNCIL OF A CORPORATION 62. Meetings. 63. Notice of meeting. 64. Chairman of meetings. 65. Quorum. 66. Standing Order. 67. Voting. 68. Appointment of committees. 69. Standing Committee. 70. Sub-Committees. 71. Minutes signed by Chairman to be evidence. 72. Meetings deemed to have been duly convened. 73. Delegation of powers of the Council to Committee. 74. Travelling expenses of Committees. 75. Open meetings. PART v hOuSe RATe 76. Interpretation. 77. Annual house rate to be levied. ARRANGEMENT OF SECTIONS—Continued SeCTION MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 Municipal Corporations Chap. 25:04 7 LAWS OF TRINIDAD AND TOBAGO L.R.O. 1/2009 Municipal Corporations Chap. 25:04 7 LAWS OF TRINIDAD AND TOBAGO 78. Annual rateable value. 79. Assessor to be appointed. 80. Assessor to ascertain rateable value. 81. Assessor and Council may require returns from owners. 82. Mode of determining annual rateable value. 83. Returns to be submitted to Chief Executive Officer. 84. House Rate Book. 85. New valuations to be made every three years. 86. Notice of completion of House Rate Book to be published. 87. Omission to enter hereditament in House Rate Book does not affect liability to be rated. 88. Assessment of rateable hereditament coming into being after completion of House Rate Book. 89. Rate payable where house is erected on premises which are already assessed. 90. Valuation of premises in Municipality after alteration of boundary. Enactments and Bye-laws applicable to Municipality to extend to added area. 91. Assessor to notify owner of annual rateable value of rateable hereditament. 92. Owner to notify Chief Executive Officer of objection to valuation. 93. New assessments after completion of House Rate Book. 94. Decision of Commissioner of Valuations final unless appeal is filed. 95. Appeal from decision of Appeal Board. 96. Appellant to enter into recognisance. 97. Certified copy of notice of appeal to be sent to respondent. 98. Valuations which have been varied or altered to be entered in House Rate Book. 99. Owner to pay annual rate. 100. Rate to be a charge on premises and may be recovered by distress. 101. Date when rate payable. 102. Treasurer to apply moneys to arrears. 103. Return of warrant by bailiff. 104. Payment by Government of annual sum in lieu of rates. 105. House Rate Book to be evidence of valuations and rates. SeCTION MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 8 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO 106. Errors, etc., not to affect liability to rate. Council may correct errors in notice or House Rate Book. 107. Change of ownership to be noted in House Rate Book. PART vI FINANCIAL PROvISIONS 108. Annual estimates. 109. Corporation fund and collection of fees, rates and taxes. 110. Mayor’s Fund. 111. Moneys to be paid into approved banks. 112. Application of funds. 113. Form of accounts and audit. 114. Appeals and applications for relief. 115. Payment and recovery of sums certified to be due. 116. Signatures of cheques and receipts. 117. Council may make Regulations. 118. All financial matters to be submitted to Finance Committee. 119. Corporation may borrow money. 120. Power to alter allocation of moneys. 121. Disability of members through conflict of interest. 122. Officers to declare interest in contracts. 123. Acquisition and alienation of corporate property. PART vII STReeTS AND BuILDINGS 124. Interpretation. 125. Breaking up of pavement or obstruction of street without prior consent. 126. Execution of works and restoration of streets. 127. Encroaching upon streets. 128. Bridge over side-drains. 129. Enclosure of land. 130. Taking over streets and widening or other improvements effected by the Council. ARRANGEMENT OF SECTIONS—Continued SeCTION MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 Municipal Corporations Chap. 25:04 9 LAWS OF TRINIDAD AND TOBAGO L.R.O. 1/2009 Municipal Corporations Chap. 25:04 9 LAWS OF TRINIDAD AND TOBAGO 131. Fountains, statues and monuments. 132. Council may plant, maintain or cut down trees in streets. 133. Overhanging trees. 134. Bye-laws dealing with the use of streets. 135. Seizing animal or vehicle on streets. 136. Sanitary conveniences. 137. Bye-laws regarding sanitary conveniences. 138. Naming of streets and numbering of houses. 139. Streets names, and buildings numbers to be displayed. 140. Publication of resolution relating to naming or numbering. 141. Penalty for removing or defacing number or nameplates. 142. Application to erect poles. 143. Erecting pole without previous consent of Council. 144. Council may order removal of poles. 145. Obstruction of drains. 146. Council may pave or repave footway. 147. Engineer to notify owner of intention to pave. 148. Power to alter line of and widen or lessen footway. 149. Crossings for vehicles over footways. 150. Certain signs prohibited. 151. When licence to be void. 152. Awnings. 153. Length of awnings. 154. No advertisement on footways. 155. Hanging goods over footways. 156. Signs, awnings, etc., contrary to the Act may be removed. 157. Penalty. 158. Additions to, and alterations of, buildings. 159. New building to conform to Regulations. 160. Continuation of existing Building Regulations. 161. Certificate of compliance with Building Regulations. 162. Power of Engineer to order discontinuance of building operations. 163. Council may remove or pull down works executed in contravention of Acts or Regulations. Power conferred by this section to be in addition to any other remedy. SeCTION MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 10 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO 164. No building to be removed except after notice to the Corporation. 165. Owner of vacant land to notify Chief Executive Officer of removal of house therefrom. 166. Payments of rates before removal of house. 167. Plans deposited to be of no effect if building is not commenced within two years. 168. Penalty for breach of Regulations with respect to new buildings. 169. Building over drain. 170. Public buildings not to be used until approved. 171. Conversion into a public building of building erected for other purposes. 172. Council may require alterations necessary for safety of public. 173. Verandahs projecting over streets. 174. Door not to open over public thoroughfare. 175. Dangerous building notice to owner. 176. Ruinous or dilapidated structure to be demolished or repaired. 177. Structure dangerous or prejudicial to occupier to be demolished or repaired. 178. Failure to comply with notice. 179. Penalty. 180. Sale of structure or part thereof. 181. Expenses to be paid from proceeds of sale. 182. Expenses may be recovered from owners. 183. Hoardings, etc., not allowed on footway or street, except by permission of Engineer. 184. Owner as well as builder liable for contravention of Act or Regulations. 185. Authentication of notice. 186. Notice served on builder. PART vIII mARkeTS AND SLAuGhTeRhOuSeS 187. Interpretation. 188. Existing markets. 189. Appointing places as markets. ARRANGEMENT OF SECTIONS—Continued SeCTION MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 Municipal Corporations Chap. 25:04 11 LAWS OF TRINIDAD AND TOBAGO L.R.O. 1/2009 Municipal Corporations Chap. 25:04 11 LAWS OF TRINIDAD AND TOBAGO 190. Notice of opening of new market. Fixing market hours and goods to be sold. 191. Power to close markets. 192. Appointment of Market Administrator and other servants. 193. Inspection for detecting unsound marketable commodities. 194. Market dues. 195. Existing tolls, etc., to continue to be payable. 196. Bye-laws. Bye-laws to be exhibited in market and published. 197. Markets only in specified areas. 198. Licence to salesman of meat or fish. 199. Meat and fish to be sold only in public market or licensed shop, etc. Prohibition of sale of marketable commodities not being fish or meat. Penalty for breach of subsection (1). Penalty for breach of subsection (2). 200. In Regional Municipalities commodities to be sold in public markets or licensed shops, etc. 201. Licences generally. 202. Cold stores to be licensed. 203. Selling meat or fish. 204. Dues payable on meat or fish sold from licensed cold stores. 205. Bye-laws. 206. Landing of fish for sale. 207. Provision of public slaughterhouses. All animals to be slaugtered at public slaughterhouses. 208. Bye-laws for slaughterhouses and detention stations. 209. Penalty for second offences. PART Ix PeDLARS, hAWkeRS AND huCkSTeRS 210. Licensee to trade as pedlar, hawker and huckster. 211. Duration of licences. 212. Register of licences. 213. Alteration of fees. 214. Requisition for licence. SeCTION MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 12 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO 215. Evidence. 216. Form of licence. 217. Change of abode of licensee. 218. Forging or counterfeiting licence. 219. Huckster’s name to be on box, etc. 220. Who may lay information. PART x Bye-LAWS, RuLeS AND ReGuLATIONS 221. Bye-laws for good government of a Corporation. 222. Penalty for breach of Bye-laws. 223. Bye-laws to be confirmed by the President. Publication of Bye-laws in Gazette. 224. Bye-laws may apply to whole or part of Municipality. PART xI LeGAL PROCeeDINGS 225. Recovery of penalties. Complaints or information may be made or laid by officers of the Council duly authorised. 226. Penalties for offences not otherwise provided for. Continuing offence. 227. Procedure in penal actions against corporate officers. 228. Quo warranto and mandamus. 229. Recovery of expenses from owners. Payments by instalments. Procedure in case of non-payment of instalment. Expense caused to Corporation by contravention of Part VII or Bye-laws. 230. Certified copies of documents to be prima facie evidence thereof. Proof of handwriting not required. Fee for copy or extract. Production of original. Fee for production of original. Definition of “document” of a Corporation. ARRANGEMENT OF SECTIONS—Continued SeCTION MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 Municipal Corporations Chap. 25:04 13 LAWS OF TRINIDAD AND TOBAGO L.R.O. 1/2009 Municipal Corporations Chap. 25:04 13 LAWS OF TRINIDAD AND TOBAGO Certified copy or extract may be granted by Corporation Secretary. 231. Procedure for enforcing powers of entry. PART xII mISCeLLANeOuS FuNCTIONS 232. Additional functions. PART xIII ASSOCIATION OF LOCAL GOveRNmeNT CORPORATIONS 233. Association of Local Government Corporations. 234. Chairman and Executive Committee of Association. 235. Code of ethics. PART xIv DISCIPLINARy PROCeeDINGS 236. to (Repealed by Act No. 8 of 1992). 252. PART xv ReGIONAL CO-ORDINATING COmmITTeeS 253. Co-ordinating Committee. 254. Power to establish own procedure. PART xvI GeNeRAL PROvISIONS 255. Form, authentication, and service of notices, etc. 256. Power to attach conditions to consent. 257. Misnomer or misdescription. 258. Statutory increase. 259. Remission of statutory increase. 260. Computation of time. 261. Authentication of licence. Duplicate licence. } SeCTION MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 14 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO 262. Power to withhold, suspend, or revoke licence. 263. Execution of works on default of owner. 264. Charges on premises to be preferential to other encumbrances. 265. Apportionment of expenses of works between different owners. 266. Plans, etc., deposited to become property of Corporation. 267. Powers conferred by written law to be cumulative. 268. Schedules—power to alter or amend. 269. Government policy directions. 270. Power to investigate. 271. Power of President to dissolve a Council and appoint a Commissioner. 272. Continuation of collective agreements and union representation. 273. Extension of term of office of serving members. FIRST SCheDuLe—LIST OF CORPORATIONS CONTINuED uNDER THISACT. SeCOND SCheDuLe—LIST OF MuNICIPAL CORPORATIONS ESTABLISHED uNDER THIS ACT. ThIRD SCheDuLe—NuMBER OF COuNCILLORS AND ALDERMEN TO BE ELECTED TO THE COuNCIL OF EACH CORPORATION. FOuRTh SCheDuLe—DECLARATION TO BE MADE By PERSON ELECTED TO A CORPORATE OFFICE. FIFTh SCheDuLe—WARRANT. SIxTh SCheDuLe—FORM A (ASSESSMENT RETuRN) FORM B (COMPLETION OF HOuSE RATE BOOk). SeveNTh SCheDuLe—PAVING OF FOOTWAyS. eIGhTh SCheDuLe—CONTINuATION OF ExISTING LAWS. NINTh SCheDuLe—FORM A (REMOVAL OF HOuSE—NOTICE By OWNER OF HOuSE). FORM B (REMOVAL OF HOuSE—NOTICE By OWNER OF LAND). TeNTh SCheDuLe—WARRANT FOR ENTRy ON PREMISES. ARRANGEMENT OF SECTIONS—Continued SeCTION MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 Municipal Corporations Chap. 25:04 15 LAWS OF TRINIDAD AND TOBAGO L.R.O. Municipal Corporations Chap. 25:04 15 LAWS OF TRINIDAD AND TOBAGO ChAPTeR 25:04 muNICIPAL CORPORATIONS ACT An Act to provide for the continuation of the City and Borough Corporations for the erection of certain other municipal Corporations and for the Consolidation and Reform of Laws affecting Local Government. [ASSENTED TO ON 13TH SEPTEMBER 1990]* 1. (1) This Act may be cited as the Municipal Corporations Act. *(2) This Act shall come into operation on such date as the President may by proclamation appoint and different days may be appointed for the purposes of different provisions of this Act. PART I 2. (1) In this Act— “Appeal Board” means the Tax Appeal Board constituted under section 3 of the Tax Appeal Board Act; “Chief Executive Officer” means the person for the time being holding the office of City Clerk or Town Clerk under a Corporation and includes— (a) any person appointed as such; (b) any person performing the duties of Chief Executive Officer in accordance with a direction by the President under section 36; “Commission” means the Statutory Authorities’ Service Commission established under the Statutory Authorities Act; “corporate land” means land belonging to or held in trust for a Corporation; “corporate office” means any of the offices of— (a) Mayor or Chairman; (b) Deputy Mayor or Vice-Chairman; * See page 2 under the heading “Note on Commencement Dates”. 21 of 1990. Short title and Commencement. Interpretation. [28 of 1991]. Ch. 4:50. Ch. 24:01. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 16 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO (c) Alderman; (d) Councillor, of a Corporation; “Corporation” means the body corporate constituted by the Mayor, Aldermen, Councillors and electors of any of the cities, towns, districts or places to which this Act is applied by or under section 5; “Corporation Secretary” means the person for the time being holding the office of Corporation Secretary and includes— (a) any person acting as Corporation Secretary; (b) any person performing the duties of Corporation Secretary in accordance with a direction by the President under section 36; “Council” means the Council of a Corporation; “elector” means any person registered under the Representation of the People Act as an elector for elections for members to serve in a Municipal Council; “electoral district” means a constituency defined in an Order made under section 4 of the Elections and Boundaries Commission (Local Government) Act, and constituted in the manner prescribed by the Rules set out in the Second Schedule to that Act; “Engineer” means the person for the time being holding the office of City Engineer or Town Engineer or Regional Engineer under a Corporation and includes— (a) an Assistant City Engineer or Assistant Town Engineer or Regional Engineer; (b) a Town Superintendent; (c) any person performing the duties of the City Engineer, Town Engineer or Regional Engineer with the authority of the Council; and (d) any person performing the duties of an officer mentioned in paragraph (c) in accordance with a direction of the President under section 36; Ch. 2:01. Ch. 25:50. Second Shedule. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 Municipal Corporations Chap. 25:04 17 LAWS OF TRINIDAD AND TOBAGO L.R.O. 1/2009 Municipal Corporations Chap. 25:04 17 LAWS OF TRINIDAD AND TOBAGO “house” includes any dwelling house, warehouse, stable, office, store, manufactory, shop, workshop, shed, or other building used in carrying on any trade or business, and any lands appurtenant to or occupied with the same, and not rated separately; “Mayor” includes Chairman and “Deputy Mayor” includes Vice-Chairman; “Minister” means the member of Cabinet to whom responsibility for Local Government has been assigned; “Municipality” means a place to which this Act is applied by or under section 3 or section 4; “officer” means, in relation to a Corporation— (a) the Chief Officers of a Corporation mentioned in section 36; and (b) every other person appointed to hold or to act in a pensionable office in the service of a Corporation and whose remuneration is paid on a monthly basis; “owner” means the person in possession of or in receipt of either the whole or any part of the rents or profits of any land or tenement, whether in his own right or as a trustee or personal representative of any other person, or in the occupation of such land or tenement other than as a tenant from year to year, or for any less term, or as a tenant at will; “premises” includes messuages, buildings, lands, easements, and hereditaments of any tenure; “reputed owner” in relation to any building or to any vacant lot of land within a Municipality means the person entered as the owner of such building or of such vacant lot of land in the House Rate Book for the time being in force, or in any register of ownership kept for the Corporation; “Returning Officer” means the Returning Officer of an electoral district under the Representation of the People Act; “statutory increase” means any increase, surcharge or percentage added to a rate, a charge, or other sum of money of any other Ch. 2:01. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 18 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO 18 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO description payable to a Corporation under this Act or any other written law by reason of the non-payment of such rate, charge or other sum of money at or within the time after the lapse of which such increase, surcharge or percentage is expressed to become payable; “street” includes any highway, and any public bridge, road, lane, footway, square, court, alley, or passage, whether a thoroughfare or not; “street repairable by a Corporation” means any street which was repairable by a Corporation or any highway which was maintainable at public expense by any other Local Highway Authority immediately prior to the commencement of this Act and includes any street which is classified as such under the Highways Act; “Treasurer” means the person for the time being holding the office of Treasurer under a Corporation and includes— (a) any person acting as Treasurer; (b) any person performing the duties of Treasurer in accordance with a direction by the President under section 36; “valuation” means the sum fixed by the Assessor as the annual rateable value of any rateable hereditament within the Municipality. (2) References in this Act to the “day on which the Councillors of a Corporation were elected to office” mean the day or the last day, as the case may be, on which all the Returning Officers for the electoral districts within the Municipality have declared the respective candidates to be elected as Councillors. 3. The Municipal Corporations established under the provisions of the written laws set out in the First Schedule and known by the corporate names mentioned in that Schedule are continued under this Act. 4. The several new Municipal Corporations bearing the names and having the respective officers, memberships and descriptions set forth in the Second Schedule are hereby established. Ch. 48:01. Continuation of former Municipal Corporations. First Schedule. Establishment of new Municipal Corporations. Second Schedule. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 Municipal Corporations Chap. 25:04 19 LAWS OF TRINIDAD AND TOBAGO L.R.O. 1/2009 Municipal Corporations Chap. 25:04 19 LAWS OF TRINIDAD AND TOBAGO 5. (1) Subject to subsection (2) and section 6, this Act shall apply to— (a) the City of Port-of-Spain; (b) the City of San Fernando; (c) the Borough of Arima; (d) the Borough of Point Fortin; (e) the several Municipal Corporations referred to in section 4; and (f) such other towns, districts or places to which the provisions of this Act are applied pursuant to subsection (2). (2) The President may, by Order, subject to affirmative resolution of Parliament, apply the provisions of this Act to any town, district or place for the purpose of incorporating the electors thereof. 6. (1) An Order made under section 5(2) may apply the provisions of this Act generally to the town, district or place mentioned therein or it may provide that the Act shall apply subject to such exceptions or modifications as are specified in the Order. (2) An Order made under section 5(2) shall— (a) designate the corporate name by which the new Corporation shall be known; (b) describe the boundaries of the new Municipality; (c) specify the number of Councillors and Aldermen to be elected to the Council; (d) specify the number of members of the Council who may requisition a meeting of the Council under section 62(3); (e) specify the number of members of the Council who constitute a quorum at meetings of the Council; (f) specify the number of members of the Council required to be present and to vote for the purposes of section 67(1); Application of Act. Contents of Orders. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 20 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO 20 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO (g) specify the date by which the Council shall submit estimates of income and expenditure pursuant to section 108(1); (h) specify the number of members of the Council required to be present for the purposes of section 221(2). 7. (1) All powers, authorities, interests, rights and privileges vested in a Corporation referred to in section 3 and all property real or personal belonging to that Corporation shall continue to be vested in that Corporation as continued by this Act. (2) All liabilities and obligations of a Corporation referred to in section 3, and all claims against its property, rights and assets are unimpaired by such continuation; and all debts, contracts, liabilities, and duties of the Corporation existing immediately prior to the coming into operation of this Act continue to attach to the Corporation. 7A. (1) With effect from 1st October, 1991— (a) all land and other property of every kind, including things in action, vested immediately before that date in a former County Council is vested in the State; (b) all the rights, privileges and advantages and all the liabilities and obligations that, immediately before that date, a former County Council was entitled or subject to, are transferred and conferred or imposed upon the State. (2) Every Act giving power or authority to or imposing any duty or liability upon or otherwise relating to a former County Council or providing any forms or proceedings relating to a former County Council, shall, unless the context otherwise requires and so far as applicable, be read and have effect as if in the Act, the State were substituted for a former County Council. (3) Any reference in any Act, or in any rule, regulation or bye-law made under any Act or in any deed, contract, bond, security, Continuation of powers, rights and property of preceding Corporations. Vesting of powers, rights and property in the State. [8 of 1992]. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 Municipal Corporations Chap. 25:04 21 LAWS OF TRINIDAD AND TOBAGO L.R.O. Municipal Corporations Chap. 25:04 21 LAWS OF TRINIDAD AND TOBAGO or other document of whatever kind, public or private, to a former County Council shall, with effect from that date, be deemed to refer to the State. (4) Legal proceedings pending immediately before 1st October, 1991 by or against a former County Council may be continued on and after that day by or against the State as the party to the proceedings instead of that former County Council. (5) The President may by Order transfer to any of the several Municipal Corporations referred to in section 4 any of the land and other property and any of the rights, privileges and advantages and any of the liabilities and obligations that by virtue of subsection (1) are vested in the State. (6) An Order under subsection (5) is subject to a negative resolution of Parliament. (7) In this section— “former Act” means the County Councils Act repealed by this Act; “former Council” means a County Council established under section 4 of the former Act for an area referred to in the former Act as an “electoral area”. (8) For the avoidance of doubt it is declared that nothing in this section shall have the effect of reviving a claim against a former County Council that on 1st October, 1991 was statute-barred. PART II CONSTITuTION AND GOveRNmeNT OF muNICIPAL CORPORATIONS 8. (1) The Mayor, Aldermen, Councillors and electors of each of the Municipalities referred to in paragraphs (a) to (e) of section 5(1) and each town, district, or place to which this Act is applied pursuant to section 5(2), shall be a body corporate bearing the corporate name mentioned in the First and Second Schedules, or in the Order made under section 5(2), as the case may be; and by such name shall have perpetual succession. Constitution of Municipal Corporations. First and Second Schedules. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 22 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO 22 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO (2) Every Corporation shall have and use a common seal which shall be approved by its Council, and which shall be judicially noticed. 9. For the purposes of this Act, every Municipality shall include all the lands, houses and buildings within the boundaries set forth in relation to it in the First and Second Schedules, or in the Order made under section 5(2). 10. (1) The powers of a Corporation shall be exercised by its Council and, subject to the provisions of this Act, the Council shall act through its Chief Officers and staff. (2) The Council shall consist of the Mayor, Aldermen and Councillors. 11. (1) Councillors shall be elected by the electors for each Municipality in the manner provided for in the Representation of the People Act. (2) The number of Councillors to be elected to the Council of each Corporation shall, subject to the provisions of the Elections and Boundaries Commission (Local Government) Act, be as set out in the Third Schedule, or in any Order made pursuant to section 5(2). (3) One Councillor shall be returned for each electoral district. (4) The term of office of Councillors shall be three years, and they shall retire together on the last day of every triennial period, the first of which shall be deemed to have begun on the day on which the Councillors were elected to office. (4A) An election referred to in subsection (1) shall be held within three months of the expiry of the term of office of the Mayor, Councillors and Aldermen comprising the Council. (4B) Notwithstanding subsection (4A), for the purposes only of the elections due in the year 1995, under this section, such election shall be held within nine months of the expiry of the terms of office of the Councillors and Aldermen comprising the Council. Extent of Municipalities. First Schedule. Second Schedule. Constitution of Council. Councillors representation, term of office and qualification. [28 of 1991 8 of 1992 36 of 1995 13 of 2003]. Ch. 2:01. Ch. 25:50. Third Schedule. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 Municipal Corporations Chap. 25:04 23 LAWS OF TRINIDAD AND TOBAGO L.R.O. 1/2009 Municipal Corporations Chap. 25:04 23 LAWS OF TRINIDAD AND TOBAGO (4C) Notwithstanding subsection (4A), for the purposes only of the elections due in the year 2002, under this section, such election shall be held within one year of the expiry of the terms of office of the Councillors and Aldermen comprising the Council. (5) A Councillor who has been elected to fill a vacancy shall hold office until the time when the person whose vacancy he filled would have gone out of office through effluxion of time. (6) Subject to subsection (7), a person is qualified to be elected as a Councillor if, and is qualified to continue to be a Councillor if, he— (a) is a citizen of Trinidad and Tobago; (b) is qualified to be an elector under section 13 of the Representation of the People Act except that such person is not disqualified to be a candidate by reason only that— (i) he resides; or (ii) his qualifying property is situated, in the electoral area but in an electoral district other than the electoral district for which he seeks to be a candidate; (c) is able to speak and, unless incapacitated by blindness or other physical cause, to read the English language. (7) In subsection (6), “electoral area” and “electoral district” have the meanings assigned to those expressions in section 2 of the Elections and Boundaries Commission (Local Government) Act. (8) A person is disqualified from being a Councillor if he— (a) is by virtue of his own act under any acknowledgement of allegiance, obedience or adherence to a foreign power or State; (b) has been adjudged or otherwise declared bankrupt and has not been discharged; Ch. 2:01. Ch. 25:50. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 24 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO 24 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO (c) is a mentally ill person within the meaning of the Mental Health Act; (d) is under sentence of death or is serving a sentence of imprisonment exceeding twelve months imposed on him by a Court of competent jurisdiction in Trinidad and Tobago or substituted by competent authority for some other sentence imposed on him by such a Court or is under such a sentence of imprisonment the execution of which has been suspended; (e) is disqualified for such election under the Representation of the People Act; (f) is a member of the Senate, the House of Representatives, the Tobago House of Assembly or another Municipal Council; (g) holds any office or place of profit, other than Mayor or Deputy Mayor, in the gift or disposal of the Corporation; but a person shall not be disqualified by reason of— (i) receiving or being entitled to receive payment by way only of travelling or subsistence allowances, or a refund of out-of-pocket expenses; (ii) his receiving fees as a medical practitioner from the Corporation as the local authority of a sanitary district, fees for the notification of cases of infectious diseases under the Public Health Ordinance or any similar written law; (h) is debarred from exercising the practice of his profession on account of any act involving dishonesty; (i) has within five years before the day of the election or since his election been surcharged to an amount exceeding two thousand five hundred dollars under the Exchequer and Audit Act or under Part VI of this Act. Ch. 28:02. Ch. 2:01. Ch. 12. No. 4 (1950 Ed.). Ch. 69:01. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 Municipal Corporations Chap. 25:04 25 LAWS OF TRINIDAD AND TOBAGO L.R.O. 1/2009 Municipal Corporations Chap. 25:04 25 LAWS OF TRINIDAD AND TOBAGO 12. (1) Save for the requirement that Councillors be residents or owners of property within a Municipality, Aldermen shall be persons who qualify to be Councillors and who possess demonstrated knowledge, expertise or experience in professional or vocational occupations suitable to the development focus of the Municipality. (2) The number of Aldermen to be elected to the Council of each Corporation shall be as set out in the Third Schedule, or in the Order made pursuant to section 5(2); but the number of Aldermen to be elected to the Council of each Corporation referred to in the Second Part of the Second Schedule shall be two in number. (3) In the case of a Municipal Corporation other than a City or Borough, at least one Alderman shall be elected from qualified persons who are members of a Village or Community Council functioning within the Municipality. (4) Aldermen shall be elected by the Councillors, so however, that a person who has been elected as a Councillor shall not be elected as an Alderman. (5) The term of office of Aldermen shall be three years and they shall retire together on the last day of every triennial period, the first of which shall be deemed to have begun on the day on which the Councillors were elected to office. (6) An Alderman who is elected to fill a vacancy shall hold office until the time when the Alderman whose vacant seat he filled would have gone out of office through effluxion of time. 13. (1) Subject to the provisions of this Act, the election of Aldermen shall be held at a meeting of the Council convened for that purpose no more than ten days after the day on which the Councillors were elected to office and at this meeting of which the Chief Executive Officer shall be the Chairman, the business to be transacted shall be— (a) firstly, the production to the Chief Executive Officer by each Councillor of the copy of the declaration of his election as a Councillor delivered to him by the Returning Officer in accordance with the Election Rules made under the Representation of the People Act; Number, qualification and term of office of Aldermen. Third Schedule. Second Schedule. Election of Aldermen. [13 of 2003]. Ch. 2:01. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 26 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO 26 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO (b) secondly, the taking of the oath of office by those Councillors who have made and subscribed the declaration of acceptance of office and are in attendance at the meeting; (c) thirdly, the election of Aldermen. (2) At the election of Aldermen the following shall apply: (a) a Councillor may vote for any number of persons not exceeding the number of vacancies by filing in, signing and personally delivering to the Chief Executive Officer, a voting paper containing the surnames and other names and the place of abode and descriptions of the persons for whom he votes; (b) the Chief Executive Officer, as soon as all the voting papers have been handed to him, shall openly produce and read them or cause them to be read, and, after declaring the result of the election, shall keep them for twelve months in a sealed envelope and at the end of that time he shall destroy them; (c) the persons, not exceeding the number of vacancies, who are found to have the most votes, shall be declared to be, and shall thereupon be elected Aldermen of the Corporation; (d) in the case of an equality of votes, the meeting shall determine by lot which of the persons obtaining such equal votes shall be elected as Aldermen. (3) An election under this section or under section 15 shall not be rendered void by reason of the fact that any Councillor present and voting in an election held under either of these sections is later held under the Representation of the People Act not to have been elected to office as such Councillor or to be otherwise disqualified. (4) Where a vacancy occurs in the office of Alderman, the Council shall, within thirty days of the occurrence of the vacancy being reported to it in writing by the Chief Executive Officer, hold a meeting for the purpose of electing a person to fill the vacancy. Method of election. Ch. 2:01. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 Municipal Corporations Chap. 25:04 27 LAWS OF TRINIDAD AND TOBAGO L.R.O. 1/2009 Municipal Corporations Chap. 25:04 27 LAWS OF TRINIDAD AND TOBAGO (5) At any election under subsection (4), the provisions of subsection (2) shall apply, except that— (a) in paragraphs (a) and (b) of subsection (2), the reference to the Chief Executive Officer shall be construed as a reference to the Mayor or Deputy Mayor, as the case may be; and (b) in paragraph (b) there shall be substituted for the words beginning with “keep them” to the end of that paragraph, the words “deliver them to the Chief Executive Officer to be kept for twelve months in a sealed envelope and at the end of that time the Chief Executive Officer shall destroy them”. 14. (1) The Mayor and Deputy Mayor of a Corporation shall be elected from among the Aldermen and the Councillors of that Corporation. (2) The election of the Mayor and the Deputy Mayor of a Corporation shall be held at a meeting of the Council convened for that purpose on the third day next following that on which the election of Aldermen has been held and, save for the taking of the oath of office by any Aldermen elected under section 13 and by any newly elected Councillors who have not done so previously, no business other than the election of the Mayor and the Deputy Mayor and the appointment of the Standing and other Committees of the Council shall be transacted on that day. (3) The election of the Mayor and of the Deputy Mayor shall be by motion duly seconded and shall be presided over by a Councillor or an Alderman who is not a candidate for the office of Mayor or Deputy Mayor. 15. (1) The Mayor shall hold office for a term which shall be the same as that of the Councillors and Aldermen. (2) unless the Mayor resigns or ceases to be qualified or becomes disqualified or is removed from office in accordance with this Act, he shall continue in office until his successor in office has accepted office and has made and subscribed the appropriate declaration. Election of Mayor and Deputy Mayor. Term of office and honorarium of Mayor. [8 of 1992]. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 28 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO 28 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO 16. A Mayor shall be removed as Chairman of a Council upon the resolution passed by the Council and supported by the votes of not less than three-fourths of all the members of the Council. 17. (1) The Mayor, Aldermen and Councillors shall receive such honoraria as may be prescribed out of the ordinary revenues of the Corporation in equal monthly instalments at the end of each month. (2) The Mayor, Aldermen and Councillors of a Corporation shall be paid out of the ordinary revenues of the Corporation such allowance as may be prescribed. (3) The Chairman-Convenor of a committee of the Council of a Corporation shall be paid out of the ordinary revenues of the Corporation such allowance as may be prescribed in respect of the performance of his duties as such. 18. The President may, subject to negative resolution of Parliament, make Regulations for the purposes of section 17. 19. (1) Each Alderman or Councillor elected before and holding office in a Corporation at the commencement of this Act shall, so long as he continues to be qualified to hold such office under this Act, hold office in that Corporation until the date when he would have ceased to hold office if this Act had not been passed. (2) Each Mayor or Deputy Mayor, elected before and holding office in a Corporation at the commencement of this Act shall continue to hold the respective office in that Corporation until the date when he would have ceased to hold such office if this Act had not been passed. 20. The Mayor and Deputy Mayor of a Corporation shall by virtue of their offices be Justices of the Peace for the Municipality and shall, unless disqualified for re-election to their respective offices, continue to be Justices of the Peace during the year next after they cease to be Mayor and Deputy Mayor respectively. Removal of Mayor as Chairman. Honoraria and allowances. Convenor. Regulations prescribing allowances payable to holders of corporate office. Transitional holders of corporate office to continue to hold office until election. Mayor and Deputy Mayor to be Justices of the Peace. [8 of 1992]. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 Municipal Corporations Chap. 25:04 29 LAWS OF TRINIDAD AND TOBAGO L.R.O. 1/2009 Municipal Corporations Chap. 25:04 29 LAWS OF TRINIDAD AND TOBAGO 21. (1) The Deputy Mayor of a Corporation shall hold office during the term of office of the Mayor, and, in case of absence or illness of the Mayor, shall have authority to exercise all the powers and discharge all the duties vested in and imposed upon the Mayor under and by virtue of this Act; and all things done, exercised, or suffered by the Deputy Mayor as aforesaid shall be as valid and effectual in all respects as if they had been done, exercised, or suffered by the Mayor. (2) Whenever the Deputy Mayor discharges the duties of the Mayor for seven consecutive days or more, he shall, during that period, be entitled to be paid the honorarium and the allowances relating to the office of Mayor. (3) Notwithstanding subsection (2), there shall be no abatement of the honorarium and allowances payable to the Mayor during his absence from office where such absence does not exceed a period of thirty days in the aggregate during any term of one year. (4) In the event of the death, resignation, removal or disqualification of the Mayor for any cause, the Deputy Mayor shall forthwith succeed to the office of Mayor, and shall continue in such office until the date when the Mayor would have gone out of office by effluxion of time. (5) In the event of the Deputy Mayor succeeding to the office of Mayor under subsection (4) or, in the event of the death, resignation or disqualification of the Deputy Mayor for any cause, the Council may appoint to the office of Deputy Mayor an Alderman or Councillor who shall hold such office until the date when the Deputy Mayor whom he succeeded would have gone out of office by effluxion of time. (6) If the Mayor is dead or absent or otherwise incapable of acting in the exercise of his powers and duties under this Act or any other written law, and the Deputy Mayor is also incapable of acting for any of the reasons herein before specified, the Council shall forthwith elect an Alderman or Councillor to exercise those powers and duties in place of the Mayor for such term not exceeding the period after which the Mayor would have gone out of office by effluxion of time, as the Council may, by resolution, determine. Deputy Mayor to act for Mayor. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 30 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO 30 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO 22. (1) Every qualified person elected to a corporate office, unless exempt under this section or otherwise by law, either shall accept the office by making and subscribing the declaration required by this Act within five days after notice of election, or shall, in lieu thereof, be liable to pay to the Corporation to which he has been elected, a fine of four thousand dollars. (2) The persons exempt under this section are: (a) any person who is mentally ill within the meaning of the Mental Health Act or who is deaf, blind or suffering from some other permanent infirmity of body; and (b) any person who, being above the age of sixty-five years, before the day of his election, either served in a corporate office or paid a fine for non acceptance thereof, or having served in a corporate office or in different corporate offices for an aggregate period of six years, claims exemption within five days after notice of his election. 23. A fine payable to a Corporation under section 22 is recoverable as a civil debt. 24. (1) A person elected to a corporate office shall not act in that office until he makes a declaration before two members of the Council or the Chief Executive Officer in the form set out in the Fourth Schedule. (2) The Council may, by resolution, require any person holding a corporate office under the Corporation to make a declaration in the form in the Fourth Schedule that he continues to be qualified to be a Councillor of the Corporation but no person shall be required to make such a declaration unless a period of at least six months has elapsed since his election as a Councillor or Alderman or since his last declaration under this section. 25. (1) A person elected to a corporate office may, at any time by writing signed by him and delivered to the Chief Executive Officer, resign the office on payment of the fine provided for non-acceptance of office. Penalty refusing to accept office. Ch. 28:02. Recovery of fine. Declaration of acceptance of office. Fourth Schedule. Fourth Schedule. Fine on resignation. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 Municipal Corporations Chap. 25:04 31 LAWS OF TRINIDAD AND TOBAGO L.R.O. 1/2009 Municipal Corporations Chap. 25:04 31 LAWS OF TRINIDAD AND TOBAGO (2) Where a person resigns from a corporate office other than the office of Mayor, the Council shall forthwith declare the office vacant. (3) Notice of the vacancy, signed by two members of the Council and countersigned by the Chief Executive Officer, shall be affixed in some conspicuous place near the outer door of the Municipal Office and the Chief Executive Officer shall forthwith send to the Minister a copy of the notice. (4) In any case where the Council by resolution carried by not less than a three-fourths majority of the members present at a meeting attended by not less than two-thirds of the whole Council grants permission to the holder of a corporate office to resign— (a) on the grounds of ill health; or (b) because his residence or business is such a distance from the Municipal Office of the Corporation that it would be difficult to attend meetings of the Council, the person resigning is not liable to pay a fine nor is he so liable where he previously served in a corporate office for six years and any period of such service falls within five years of the date of such resignation. 26. Subject to this Act, a person who has ceased to hold corporate office shall, unless disqualified from holding the office, continue to be eligible to hold corporate office. 27. (1) Where a person elected to a corporate office— (a) refuses or neglects to make the declaration set out in the Fourth Schedule; (b) is away from Trinidad and Tobago for a period in excess of thirty consecutive days without the leave of the Council; (c) is absent from three consecutive meetings of the Council without leave of the Council; (d) is not in Trinidad and Tobago at the date of his election and fails to return to Trinidad and Tobago within three months of such election; Eligibility. Vacation of corporate office. Fourth Schedule. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 32 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO 32 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO (e) dies or, by writing under his hand, addressed to the Mayor of the Council of which he is a member, resigns his seat on the Council; (f) ceases to possess any of the qualifications set out in section 11(6) or becomes disqualified for being a Councillor for any of the reasons set out in section 11(8), his office is thereby rendered vacant. (2) Where a person elected to a corporate office becomes disqualified for holding such office, the Council shall forthwith declare the office vacant. (3) Notice of the vacancy, signed by two members of the Council and countersigned by the Chief Executive Officer, shall be affixed in some conspicuous place near the outer door of the Municipal Office. (4) A person who becomes disqualified by reason of refusal or neglect to make the declaration set out in the Fourth Schedule or by absence, having made such declaration, is liable to the same fine as for non-acceptance of office; but disqualification because of absence shall, as regards subsequent elections, cease on his return. (5) A person who becomes disqualified because of being away from Trinidad and Tobago at the time of his election and failing to return within the time specified in subsection (1)(d) is not liable to the penalty mentioned in section 22 and shall, as regards subsequent elections, cease to be disqualified on his return. 28. (1) Where a person elected to a corporate office declares on oath before the Mayor of the Corporation that he is not qualified to make the declaration of acceptance of office set out in the Fourth Schedule or, having made such a declaration of acceptance of office, declares on oath that he has ceased to be qualified to hold such office, the Council shall forthwith declare his office to be vacant. Fourth Schedule. Person elected to corporate office may declare that he is not qualified. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 Municipal Corporations Chap. 25:04 33 LAWS OF TRINIDAD AND TOBAGO L.R.O. 1/2009 Municipal Corporations Chap. 25:04 33 LAWS OF TRINIDAD AND TOBAGO (2) Notice of the vacancy, signed by two members of the Council and countersigned by the Chief Executive Officer shall be affixed in some conspicuous place near the outer door of the Municipal Office. 29. On being satisfied that the seat of a Councillor has become vacant, the President shall issue a writ addressed to the Returning Officer of the appropriate electoral district for the election (hereinafter referred to as a “bye-election”) of a new Councillor. 30. Where need arises for the election of any person to any corporate office other than that of Councillor and there is no provision in this Act for holding another election, the Council may order a new election to be held and may give such directions as may be necessary for holding the election. 31. (1) Where a person acts in a corporate office without making the declaration of acceptance of office set out in the Fourth Schedule or without being qualified at the time of making the declaration or after becoming disqualified, he is guilty of an offence and liable for each such offence on conviction on indictment to a fine of four thousand dollars. (2) A person who is registered as an elector is not guilty under this section on the ground only that he was not entitled to be enrolled therein. 32. Acts done in the exercise of the powers and duties attaching to the holder of a corporate office by a person holding and acting in such office shall be valid notwithstanding that person’s disqualification. 33. The election of a person to a corporate office shall not be questioned on the ground only of a defect in the title or want of title of the person who presided at the election if that person was at the time of the election holding or acting in the office giving him the right to preside at the election. Issue of writ for election. New election in certain cases. Penalty. Fourth Schedule. Validity of acts of corporate officer notwithstanding disqualification. Validity of election notwithstanding want of qualification of returning officer. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 34 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO 34 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO 34. Every Corporation shall have a staff of Chief Officers, a Chief Public Health Inspector and such other officers and employees as are necessary for the efficient discharge of the functions of the Council under this or any other written law. 35. The Statutory Authorities’ Service Commission established under the Statutory Authorities Act shall appoint, remove, transfer and exercise disciplinary control over the officers of the Corporations mentioned in the First Schedule, and the Public Service Commission established under section 120 of the Constitution shall appoint, remove, transfer and exercise disciplinary control over the officers of the Corporations mentioned in the Second Schedule. 36. (1) The Chief Officers of a Corporation shall be— (a) the Chief Executive Officer; (b) the Corporation Secretary; (c) the Treasurer; (d) the Engineer; (e) the Medical Officer of Health. (2) The President may, by Notice in the Gazette direct that in relation to a particular Corporation— (a) the duties of one or more of the Chief Officers or other persons may be performed by such other Chief Officer or other persons, as the case may be, as he designates in the Notice and, in such a case, all the provisions of this Act relating to the first-mentioned Chief Officer or other persons; (b) the staff of the Corporation shall not include such Chief Officer as he designates in the Notice and in such a case the provision of this Act relating to such designated Chief Officer shall not apply to that Corporation. (3) The Chief Officers shall perform, in addition to the functions hereinafter described, such other functions as are incidental or related thereto. Officers of a Corporation. Appointment of Officers. Ch. 24:01. [8 of 1992]. First Schedule Ch. 1:01 (Sub. Leg). Second Schedule. Chief Officers. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 Municipal Corporations Chap. 25:04 35 LAWS OF TRINIDAD AND TOBAGO L.R.O. 1/2009 Municipal Corporations Chap. 25:04 35 LAWS OF TRINIDAD AND TOBAGO 37. (1) A vacancy in the office of a Chief Officer shall be reported forthwith to the Commission. (2) A vacancy in any office held by a Chief Officer shall be filled within three months after its occurrence, failing which, the failure to fill the vacancy shall forthwith be reported to the President by the Mayor. 38. The Chief Executive Officer is the chief administrative officer and chief accounting officer of a Corporation and he shall— (a) attend all meetings of the Council and any meetings of its committees as he may be required by the Council to attend; (b) see that the business of the Corporation is carried out in accordance with the Bye-laws, Regulations and resolutions of the Council and be responsible for the correspondence of the Council and conduct such negotiations on behalf of the Corporation as the Council may require; (c) be responsible for and supervise all sales carried out by the Corporation for the recovery of any rates or charges due to the Corporation; (d) see that the terms and conditions of appointment of the officers of the Corporation are carried out, that decisions of the Council relating to their work or conduct are conveyed to them, and that the duties of such officers are duly performed; (e) be responsible for the administration and co ordination of the work of the several departments of the Corporation on ordinary questions concerning their duties and obligations arising therefrom; (f) not later than the 31st March in each year, submit to the Mayor for the information of the Council a full and accurate report on the entire administration of the Corporation for the period ending the 31st December in the preceding year, Vacancy in office of Chief Officer. Functions of the Chief Executive Officer. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 36 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO 36 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO including a summary of the general state and condition of the Corporation, together with such observations and recommendations as he thinks expedient or necessary. 39. The Corporation Secretary shall— (a) have the charge and custody of and be responsible for the seal, charters, deeds, records and documents of the Corporation which shall be kept as the Council may direct; (b) attend all meetings of the Council and be responsible for the provision of secretarial services to all meetings of the Council and its committees and for drawing up the Minutes and reports of their proceedings, and the printing, binding and indexing thereof; (c) be responsible for the agenda papers of all meetings of the Council and its committees, and for the issue of notices in connection therewith; (d) provide guidance to the Council, its officers and employees in relation to the affairs of the Corporation. 40. The Treasurer shall be the principal financial officer of the Corporation and shall— (a) be primarily charged with all matters of finance and accounts of the Corporation and for such purpose shall, in such books as may be necessary, record and keep true and proper accounts of all moneys received and receivable and paid and payable on behalf of the Corporation for the correctness of which he shall be responsible; (b) attend all meetings of the Finance Committee and such other meetings as he may be required to attend by the Council; (c) be responsible for the raising of all loans, the issuing of bonds, the opening and closing of all Functions of the Corporation Secretary. [8 of 1992]. Functions of the Treasurer. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 Municipal Corporations Chap. 25:04 37 LAWS OF TRINIDAD AND TOBAGO L.R.O. 1/2009 Municipal Corporations Chap. 25:04 37 LAWS OF TRINIDAD AND TOBAGO accounts, the preparation of the annual accounts and balance sheet and such monthly or other statements as may be desirable or as he may be directed to prepare by the Council; (d) subject to the Bye-laws and Regulations of the Council and the approval of the Finance Committee, ensure that proper records are kept of all stores; (e) be responsible for establishing and maintaining a proper and adequate system of accounting in such a way that the assets and liabilities of the Corporation are properly recorded and that the cost of any particular service may be easily ascertained and also to ensure the effective financial control of the funds and affairs of the Corporation and for the balancing of all accounts and for the safe keeping of all records of his department; (f) from time to time, carry out departmental inspections of all transactions of the Corporation and shall immediately bring to the notice of the Chief Executive Officer, for the information of the Council, any error or discrepancy apparent in the books of the Corporation; (g) whenever required, submit to the Finance Committee a trial balance sheet and such other financial reports and statements as may be necessary for their information and shall, not later than the last day of February in every year, submit to the Finance Committee a report and balance sheet showing the complete and accurate financial position of the Corporation for the period ended the 31st December of the preceding year; (h) not later than the last day of July in each year, prepare and submit to the Finance Committee, a full and proper estimate of the income receivable and the expenditure to be incurred during the financial year commencing on the 1st January next following; MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 38 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO 38 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO (i) at the request in writing of any member of the Council, submit for inspection of such member any book of account or record of the Corporation; (j) keep true accounts of all moneys received and receivable and paid and payable by the Mayor for any charitable purpose of which the Mayor or the Corporation may assume the charge. 41. The Engineer shall be the principal engineer and survey officer of the Corporation, and he shall— (a) be primarily charged with all survey, construction and engineering works within the jurisdiction or under the authority of the Corporation and with ensuring that the public comply with the requirements of the Bye-laws and Regulations of the Corporation and any other written laws in respect of such matters and for such purposes shall make, prepare, require and keep true and proper specifications, plans and sections, estimates, reports and other appropriate documents and records relating to all such works; (b) attend all meetings of the committee in charge of physical infrastructure and such other meetings as he may be required to attend by the Council; (c) be responsible for the proper maintenance and upkeep of the Corporation’s buildings, plant and equipment; (d) as soon as practicable after the first day of January in every year, submit to the Chief Executive Officer and Treasurer, a full and accurate report on the various buildings, roads, and other engineering installations and works of the Corporation and of the state and conditions thereof and of the work of his department for the period ended the 31st December in the preceding year, together with such recommendations as he may consider expedient or necessary; Functions of the Engineer. [8 of 1992]. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 Municipal Corporations Chap. 25:04 39 LAWS OF TRINIDAD AND TOBAGO L.R.O. 1/2009 Municipal Corporations Chap. 25:04 39 LAWS OF TRINIDAD AND TOBAGO (e) not later than the 30th June in each year, prepare and submit to the Chief Executive Officer and Treasurer a full and proper estimate of the income receivable and the expenditure to be incurred by his department during the financial year commencing on the 1st January next following. 42. The Medical Officer of Health shall be the principal medical and health officer of the Corporation and he shall— (a) be primarily charged with the duties imposed upon the Corporation by the Public Health Ordinance, and with all Bye-laws and Regulations relating to the general health and sanitation of the Municipality and with the enforcement thereof and shall cause to be made and kept such reports, records and vital and other statistics as may be necessary to keep the Council informed of the true state and condition thereof; (b) attend all meetings of the Council in its capacity as a Local Authority within the meaning of section 12 of the Public Health Ordinance and such other meetings as he may be required by the Council to attend; (c) as soon as practicable after the 1st January in every year, submit to the Chief Executive Officer for the information of the Council a full and accurate report on the general state of health and sanitation of the Municipality, including the institutions under his supervision or control, and of the vital and other statistics pertaining thereto and of the work of his department for the period ending 31st December in the preceding year together with such recommendations as he may consider expedient or necessary; (d) not later than the 30th June in each year, prepare and submit to the Treasurer a full and proper estimate of the income receivable and the Functions of the Medical Officer of Health. Ch. 12. No. 4. (1950 Ed.). Ch. 12 No. 4. (1950 Ed.). MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 40 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO 40 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO expenditure to be incurred by his department during the financial year commencing on the 1st January next following. 43. The Chief Public Health Inspector shall be directly responsible to any Medical Officer of Health on the Corporation’s establishment and, where there is no such Medical Officer of Health, he shall be directly responsible to the Chief Executive Officer. 44. (1) Every officer appointed to the staff of a Corporation shall at such times during the continuance of his office or within three months after his ceasing to hold it, and in such manner as the Council directs, deliver to the Council or as it may direct, a true account in writing, of all property, money and other matters committed to his charge, and of his receipts and payments, with vouchers supporting the entries therein, together with a list of persons from or to whom money is due in connection with his office, showing the amount due from or to each. (2) Every such officer shall pay all moneys due from him to the Treasurer. (3) If any such officer— (a) refuses or wilfully neglects to deliver any account or list which he ought to deliver or any voucher relating thereto or to make any payment which he ought to make; or (b) refuses or wilfully neglects to deliver to the Council, or as it may direct, any book or document which he ought so to deliver, or to give satisfaction respecting it to the Council, or as it may direct, within three days after a notice in writing signed by the Chief Executive Officer or by two members of the Council and the Mayor and requiring him to do so has been served on him personally or left at his last known place of abode, The Chief Public Health Inspector. Accountability of officers. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 Municipal Corporations Chap. 25:04 41 LAWS OF TRINIDAD AND TOBAGO L.R.O. 1/2009 Municipal Corporations Chap. 25:04 41 LAWS OF TRINIDAD AND TOBAGO a Magistrate or Justice shall, upon complaint made on behalf of the Corporation by any person authorised in writing by it, issue a warrant under his hand to bring such officer before a Magistrate, and upon the officer appearing, or not being found, the Magistrate may hear and determine the matter in a summary manner. (4) If it appears to the Magistrate that any sums of money are due by such officer to the Corporation, and the officer does not forthwith, or within such time as the Magistrate might allow, pay over the same to the Corporation, the Magistrate shall cause such sums to be levied by distress and sale of the goods of the officer. (5) If— (a) sufficient goods are not found to satisfy the moneys mentioned in subsection (4) and the charges of the distress; or (b) it appears to the Magistrate that the officer has been guilty of any neglect or refusal as specified in subsection (3), the Magistrate shall commit the officer to prison, there to remain without bail until he has paid to, or compounded with, the Corporation for any moneys found to be due as aforesaid, or until he has purged himself of the neglect or refusal above-mentioned. (6) No person committed to prison for want of sufficient distress only shall be detained there for a period longer than three months. (7) Nothing in this section affects any remedy by action against any such officer, except that the officer shall not be both sued by action and proceeded against summarily for the same cause. 45. (1) Subject to this Act, a Council shall fix an establishment for every department, which establishment shall be submitted in each year along with the estimates to the Minister, who may make such amendments thereto as he considers expedient. (2) Subject to section 2(5) of the Industrial Relations Act, a Council shall be responsible for the appointment, discipline, suspension and dismissal of its employees not being officers of the Corporation as defined in section 2 of this Act. Employees other than officers of the Corporation. Ch. 88:01. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 42 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO 42 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO 46. It is the duty of a Council to consult with the recognised majority union as certified by the Registration Recognition and Certification Board established under the Industrial Relations Act with a view to the conclusion between the Council and that union of such agreements as appear to the parties to be desirable with respect to the establishment and maintenance of machinery for— (a) the settlement by negotiation of terms and conditions of employment of persons other than officers employed by the Council; (b) the promotion and encouragement of measures affecting the safety, health and welfare of such persons employed by the Council; and (c) the discussion of other matters bearing on efficiency in the operation of the services provided by the Council. 47. (1) The Council may appoint or hire a fit and proper person to be the bailiff of the Corporation. (2) A person appointed under this section shall take an oath before the Mayor to discharge the duties of bailiff faithfully and shall give security for such discharge as the Council may consider proper. (3) Subject to the approval of the Council, the bailiff may in writing under his hand appoint such number of assistants as he considers necessary. PART III muNICIPAL POLICe SeRvICe 48. (1) There shall be established for each Municipality a Municipal Police Service for service in connection with the duties of the Corporation and the Commission may in consultation with the Commissioner of Police appoint for that purpose a sufficient number of commissioned officers, subordinate police officers and constables. Council to consult appropriate organisation. Ch. 88:01. Appointment of bailiff. Municipal Police Service. [8 of 1992]. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 Municipal Corporations Chap. 25:04 43 LAWS OF TRINIDAD AND TOBAGO L.R.O. 1/2009 Municipal Corporations Chap. 25:04 43 LAWS OF TRINIDAD AND TOBAGO (2) In this section— “commissioned officer” includes an officer of the rank of superintendent, assistant superintendent and inspector of a Municipal Police Service; “subordinate police officer” means a Municipal Police Officer of the rank of sergeant or corporal. (3) Every person who immediately before the commencement of this Act held or was acting in office as a Corporation policeman for a Corporation shall, as from the commencement of this Act, continue to hold or act in the like office as a Municipal Police Officer in the Service established for the Corporation hereby continued by this Act on the same terms and conditions enjoyed prior to the coming into force of this Act. (4) Except where expressly applied thereto by Order of the President, this Part does not apply to any Corporation mentioned in the Second Part of the Second Schedule. 49. The President may issue arms and ammunitions to a Municipal Police Service and any member thereof may carry and use the same for lawful purposes. 50. Every member of a Municipal Police Service shall be precepted by the Commissioner of Police. 51. The Commissioner of Police may, on the advice of the Commission, permit persons appointed to be Municipal Police Officers under section 48 to wear the badges of the ranks and uniforms similar to those worn by members of the respective ranks in the Police Service. 52. The Commissioner of Police may at any time command any Municipal Police Officer to perform and discharge within the Municipality for which his Service was established such duties as members of the Police Service may be required to perform and discharge. Second Schedule. President may issue arms to Service. [8 of 1992]. Precept by Commissioner of Police. [8 of 1992]. Badges and uniforms. Authority of Police Commissioner. [8 of 1992]. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 44 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO 44 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO 53. Every member of a Municipal Police Service, in addition to the special powers vested in him under this Act, has in respect of the whole of Trinidad and Tobago all the powers, privileges and immunities conferred on a constable by the Common Law, and also all the powers, privileges, immunities and liabilities conferred or imposed on a constable or on a First Division or Second Division police officer of corresponding rank by the Police Service Act and every act done by or to any member of a Municipal Police Service in the execution of his duty has the same effect and is attended with the same liabilities and other consequences and is punishable in the same manner as if done by or to a member of the Police Service in the execution of his duty. 54. (1) A Municipal Police Officer may arrest without warrant all persons whose names and addresses are unknown to him and who refuse to give their names and addresses to him and are found by him committing within the Municipality in which he serves any offence against this Act or against any Bye-laws or Regulations made under this Act. (2) Subject to subsection (3), a person so arrested may be taken to a police station within the Municipality and the police officer on duty at such station shall, on receiving a warrant signed by the Municipal Police Officer who made the arrest and purporting to show that the person arrested was liable to arrest under this Act, detain the person at the station until he can be conveniently taken before some Magistrate or Justice to be dealt with according to law. (3) A person arrested under this section may not be detained longer than is reasonably necessary for bringing him before a Magistrate or in any case for more than forty-eight hours and no action shall lie against any Municipal Police Officer or police officer on duty for anything done by him under a warrant to this section. (4) The warrant mentioned in this section shall be in the form set out in the Fifth Schedule. General powers and immunities of Municipal Police Officers. [8 of 1992]. Ch. 15:01. Offenders may be arrested without warrant. Fifth Schedule. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 Municipal Corporations Chap. 25:04 45 LAWS OF TRINIDAD AND TOBAGO L.R.O. 1/2009 Municipal Corporations Chap. 25:04 45 LAWS OF TRINIDAD AND TOBAGO 55. (1) Where any person who has been arrested without a warrant by a Municipal Police Officer under section 54 and has been brought to a police station within the Municipality in which the police officer serves at any time by day or night at which a Magistrate is not actually sitting for the public administration of justice at the place used for that purpose in the Municipality, the police officer on duty at such station may, unless he has good and sufficient reason to do otherwise (which reason shall be recorded in the Station Diary), admit that person to bail by recognisance without sureties for an amount not exceeding two thousand dollars to appear before a Magistrate at a time and place specified in the recognisance. (2) The police officer on duty shall enter in a book kept for that purpose the name, residence, and occupation of the person entering into the recognisance and of his sureties, if any, with the condition of the recognisance and the sums acknowledged and the book shall be laid before the Magistrate present at the time when and place where the recognisor is required to appear. (3) Where the recognisor does not appear at the place and time required or within one hour afterwards, the Magistrate may, by endorsement on such recognisance, declare the same to be forfeited and may issue a warrant for the imprisonment of the recognisor and his sureties or surety, if any, for any term not exceeding six months unless the amount mentioned in the recognisance is paid. (4) Whether the recognisor does or does not appear, the Magistrate may, if he thinks fit, enlarge the recognisance to such further time as he appoints. 56. Information and complaints in respect of any offences committed within a Municipality against the provisions of this Act or of any Bye-laws, Rules or Regulations made by the Corporation under this Act or any other written law, may be laid and made by any Municipal Police Officer appointed for that Corporation in his own name, and such Police Officer may also conduct the proceedings before the Magistrate in all cases in which he is the complainant under the powers conferred by this section. Power to bail. Municipal Police Officers may lay information and conduct proceedings. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 46 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO 46 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO 57. (1) Where any personal property of any kind is in the possession of a Council of a Municipality or a member of the Municipal Police Service in connection with a charge of an offence under this Act or any Act administered by the Council or any Bye-laws of the Corporation or by reason of having been found abandoned in a public place and the Council or the commissioned officer is unable to ascertain its owner, the Council may cause it to be sold or otherwise disposed of as provided below and, subject to subsection (3), may retain to its own use the proceeds of such sale or disposition. (2) Where such property is perishable or its custody involves unreasonable expense or inconvenience, the sale or disposition of it may be made at any time without notice of any kind and, with respect to other cases, the Council may in the case of property other than motor vehicles, sell the same after the expiration of three months from the time it came into possession of the Council or member of the Municipal Police Service. (3) Where the property consists of money, it shall be dealt with in all respects as is provided above with regard to the proceeds of sales hereby authorised after it has remained in the possession of the Council for three months and has been advertised for ten days. 58. (1) Every Municipal Police Officer of the rank of Inspector or above shall ex officio be a Justice of the Peace in and for the whole of Trinidad and Tobago and shall take the oath as such Justice. (2) As a Justice every such Municipal Police Officer shall at all times act ministerially for the purposes of the preservation of the peace, the prevention of crime and the detection and committal of offenders, and for carrying out the other objects of this Act but he shall not in any way act judicially as a Justice, either in any Court or in any other manner, except when specially appointed so to act. 59. A Corporation having an interest in a building or area beyond the boundaries of the Municipality may undertake and agree to pay the whole or part of the cost of policing such building or area. Sale of stolen or abandoned property. [8 of 1992]. Certain Municipal Police Officers to be Justices. Policing beyond boundaries of Municipality. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 Municipal Corporations Chap. 25:04 47 LAWS OF TRINIDAD AND TOBAGO L.R.O. 1/2009 Municipal Corporations Chap. 25:04 47 LAWS OF TRINIDAD AND TOBAGO 60. The Commission may make Regulations providing for the classification of officers in a Municipal Police Service, including qualifications, duties and remuneration and providing generally for the discipline, good order and government of the Municipal Police Services and until such Regulations are made hereunder, Regulations made under the Police Service Act, insofar as the Commission deems them applicable to any matter concerning Municipal Police Services or Municipal Police Officers, shall apply mutatis mutandis. 61. The President may make Regulations respecting the description and issue of arms, ammunition, accoutrements, uniform and necessaries to be supplied to the Municipal Police Services. PART Iv meeTINGS AND PROCeeDINGS OF The COuNCIL OF A CORPORATION 62. (1) Every Council shall hold meetings at least once a month or within such period as the Minister may approve at such times and on such days as the Council may from time to time determine. (2) The Mayor of a Corporation may at any time convene a special meeting of the Council. (3) Where the Mayor neglects or refuses to call a meeting within seven days of receiving a written request therefor signed by not less than one-third of the members of a Council, any of the signatories to the request may thereupon call the meeting. 63. (1) The Corporation Secretary shall give each member of the Council two clear days written notice of any monthly or other periodic statutory meeting approved by the Minister under section 62(1) and such notice shall specify the business to be transacted at the meeting. (2) At least twenty-four hours written notice shall be given to members by the Corporation Secretary in the case of a special meeting called by the Mayor or by a signatory to the request for such a meeting in the case of a special meeting called under section 62(3). Regulations for Municipal Police Service. [8 of 1992]. Ch. 15:01. Regulations respecting arms. [8 of 1992]. Meetings. Notice of meeting. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 48 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO 48 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO (3) Subject to section 36(1)(c) of the Interpretation Act, want of service of written notice on any member of the Council shall not affect the validity of a meeting. (4) Except by leave of the Council, no business shall be transacted at a meeting other than that specified in the notice relating thereto. 64. The Mayor shall be ex officio Chairman of meetings of the Council and shall preside at all meetings of the Council at which he is present; in the case of his absence, the Deputy Mayor shall preside and, in the case of the absence of the Deputy Mayor, the members present and constituting a quorum shall elect a Chairman from among their number. 65. A quorum at meetings of a Council or of any of its Committees shall be constituted by fifty per cent of the membership of the Council or of the Committee. 66. (1) Subject to the provisions of this Part, and subject to the approval of the President, a Council may make Rules and Standing Orders to provide for— (a) the regulation and conduct of the proceedings and meetings of the Council and as Local Authority within the meaning of the Public Health Ordinance and of all committees thereof; (b) the maintenance of order and method in the despatch of business and in the conduct of debates in the Council; (c) such other matters as may be considered necessary to ensure the efficient functioning of the Council, and in particular such Rules or Standing Orders may provide that the Minutes of the proceedings of any meeting shall, when copies thereof have been circulated to members, be taken as read, and may also provide for the postponement of the confirmation of the Minutes of the proceedings of any meeting. Ch. 3:01. Chairman of meetings. Quorum. Standing Order. Ch. 12. No. 4. (1950 Ed.). MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 Municipal Corporations Chap. 25:04 49 LAWS OF TRINIDAD AND TOBAGO L.R.O. 1/2009 Municipal Corporations Chap. 25:04 49 LAWS OF TRINIDAD AND TOBAGO (2) A motion to suspend the Standing Orders of a Council or any of them may be made at any meeting of the Council without notice, and shall be voted upon without debate, but shall not be carried unless supported by at least two-thirds of the members present and voting. 67. (1) All acts of a Council, and all questions coming or arising before a Council shall, unless otherwise prescribed by this or any other written law, be done and decided by the majority of such members of the Council as are present and voting at a meeting held in pursuance of this Act, the whole number present at the meeting not being less than a quorum, but except with the unanimous consent of the members present, not being less than two-thirds of all members, no motion passed within the preceding six months, and no motion to the same effect as any motion which has been negatived by the Council within the preceding six months, shall be considered at any meeting of the Council and no such motion shall be passed except upon the vote of a majority of at least two-thirds of members present and voting thereon. (2) The person presiding at a meeting of a Council shall, in the event of an equality of votes, have a second or casting vote. 68. (1) Subject to section 69(1), a Council of a Corporation may appoint from among its members such committees, either of a general or a special nature consisting of such number of persons as it thinks fit, for any purposes which, in the opinion of the Council, would be better regulated and managed by means of such committees. (2) A member of a Council not being a member of a committee may attend a meeting of that committee and may take part in the deliberations of such committee but shall not vote. (3) A Council may appoint persons, not being members of Council, to any committee and such persons may take part in the deliberations of such committee but shall not vote. (4) Every committee of a Council shall, unless otherwise expressly authorised by the terms of its reference, submit its proceedings and recommendations to the Council for approval. Voting. Appointment of committees. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 50 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO 50 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO (5) The proceedings and recommendations of every Committee of a Council shall be submitted to the Council in the form either of Minutes of the proceedings at the meetings of such Committee, or of a formal report signed by the Chairman of such Committee. (6) Any recommendations in any such report, when adopted by a majority of the members present, shall become and be deemed to be resolutions of the Council. (7) In addition to the committees referred to in subsection (1), the Council may appoint advisory committees of persons who are not members of the Council. 69. (1) Every Council shall appoint Standing Committees to deal with the following matters: (a) Finance, Planning and allocation of Resources; (b) Personnel; (c) Public Health; (d) Physical Infrastructure. (2) The membership of each such Committee shall comprise not less than 51 per cent of all the members of the Council. 70. A Committee appointed by a Council may from among its members appoint sub-Committees and may, subject to any Standing Orders or to any directions by the Council, delegate to a sub-Committee any of its functions, but only so far as it is authorised to do so by Standing Orders or by any directions of the Council. 71. (1) Minutes of the meetings of a Council or of a Committee thereof shall be signed by the Chairman of the meeting. (2) Minutes of the meeting of a Council or of a Committee thereof signed by the Chairman, or by a member of the Council or of the Committee describing himself as or appearing to be Chairman of the meeting at which such Minutes were adopted or confirmed shall be received in evidence without further proof. Standing Committee. Sub-Committees. Minutes signed by Chairman to be evidence. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 Municipal Corporations Chap. 25:04 51 LAWS OF TRINIDAD AND TOBAGO L.R.O. 1/2009 Municipal Corporations Chap. 25:04 51 LAWS OF TRINIDAD AND TOBAGO 72. until the contrary is proved, every meeting of a Council or of a Committee thereof in respect of which Minutes have been made as provided in section 71, and every meeting of a Committee the proceedings of which are embodied in a report signed by the Chairman of such Committee and received by the Council, shall be deemed to have been duly convened and held, and all members taking part in any such meeting shall be deemed to have been duly qualified, and where the proceedings are proceedings of a Committee, the Committee shall be deemed to have been duly constituted and to have had power to deal with the matters referred to in the Minutes or in the report, as the case may be. 73. A Council may delegate to any Committee appointed by it any of the powers or duties vested in or imposed upon the Corporation by this or any other written law for the time being in force, and may direct that the acts and proceedings of such Committee need not be submitted to the Council for approval and in every such case the acts done and the proceedings taken by the Committee in relation to the powers and duties so delegated to such Committee shall be done and instituted in the name of the Corporation and shall be as valid and binding on all parties as if such acts had been done and such proceedings taken by the Council. 74. The reasonable travelling expenses of every Committee appointed by a Council incurred for the purpose of inspecting premises and places in connection with the matters referred to such Committee shall be paid out of the ordinary revenue of the Corporation. 75. (1) The meetings, except meetings of a Committee including a Committee of the whole, of every Council shall be open to the public, and no person shall be excluded therefrom except for improper conduct. (2) The Chairman may expel or exclude from any meeting any person who has been guilty of improper conduct at the meeting. Meetings deemed to have been duly convened. Delegation of powers of the Council to Committee. Travelling expenses of Committees. Open meetings. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 52 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO 52 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO PART v hOuSe RATe 76. (1) In this Part— “Assessor” refers to any person appointed as such pursuant to section 79 or to the Commissioner of Valuations under the Valuation of Land Act; “machinery and plant” means machinery and plant of an industrial or commercial character or used for industrial or commercial purposes affixed to a rateable hereditament, but does not include machinery and plant owned by an enterprise which is enjoying concessions as an approved enterprise under the Fiscal Incentives Act, and used for the purposes of that enterprise; “rateable hereditament” means any dwelling house, warehouse, store, shop, office, manufactory, factory, workshop, electric sub-station, stable, shed, garage, racetrack, stadium, underground cable or any other building installation, structure or property within a Municipality and the lands in, under or upon which any of the foregoing are built, erected, standing, kept or maintained together with any lands appurtenance or occupied with any of the same and includes every vacant parcel of land within a Municipality not appurtenant to or occupied with any of the same, but does not include— (a) buildings occupied solely as churches, chapels and other places of public worship of any religious denomination; (b) school buildings, offices and playgrounds of schools within the meaning of the Education Act; (c) public hospitals, public asylums and all almshouses and institutions for the relief of the poor, whether publicly or privately administered; (d) quarters occupied rent free by members of staff of any of the institutions mentioned in paragraph (a) and within the curtilage thereof; and (e) buildings and land belonging to and in the occupation of the Council of Legal Education; “premises” means rateable hereditament. Interpretation. Ch. 58:03. Ch. 85:01. Ch. 39:01. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 Municipal Corporations Chap. 25:04 53 LAWS OF TRINIDAD AND TOBAGO L.R.O. 1/2009 Municipal Corporations Chap. 25:04 53 LAWS OF TRINIDAD AND TOBAGO (2) Except where expressly applied thereto by Order of the President under subsection (3), this Part does not apply to any Corporation mentioned in the second Part of the Second Schedule. (3) The President may by Order apply the provisions of this Part to any Corporation excluded from its operation by subsection (2). 77. There shall by raised, levied, collected by and paid to each Corporation for the year beginning the 1st January, 1991 upon and in respect of every rateable hereditament within the Municipality, an annual rate of tax not exceeding ten per cent of the annual rateable value of such hereditament (hereinafter referred to as the “house rate”) as determined by the Council in accordance with this Part. 78. The annual rateable value of a rateable hereditament shall be the gross annual rental value of a rateable hereditament as determined by the Assessor in accordance with the provisions of section 82 less such allowances for voids and loss of rent as the Assessor may think reasonable to make. 79. There shall be an Assessor for assessing the annual rateable value of all rateable hereditaments subject to the house rates of every Corporation and ascertaining the names of the several owners and occupiers thereof. 80. The Assessor shall ascertain and assess the annual rateable value of each rateable hereditament within the Municipality and record the names of the owners, occupiers or tenants thereof and, before the 31st March of each year, the Council shall fix the house rate payable. 81. (1) The Assessor, the Council or any officer of the Corporation duly authorised in writing in that behalf (hereinafter referred to as “an authorised officer”), may at any time require any person who is the owner or the agent of the owner of any rateable hereditament within the Municipality to send to the Assessor or to the Council, within fourteen days of the requisition, a return in the form set out as Form A in the Sixth Schedule. Annual house rate to be levied. Annual rateable value. Assessor to be appointed. Assessor to ascertain rateable value. Assessor and Council may require returns from owners. Sixth Schedule. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 54 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO 54 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO (2) The Assessor or an authorised officer may at any time require the occupier of any rateable hereditament within the Municipality to send to the Assessor or to the Council within fourteen days of the requisition, a return in writing stating the name of the owner of the hereditament or the person to whom he pays the rent, the amount of the rent payable in respect thereof and such other particulars respecting the hereditament as the Assessor or the Council may require for the due execution of this Part. (3) A person who— (a) fails to make a return within the prescribed time when requested to do so under subsection (1) or (2); or (b) makes a return which is defective or incomplete or which is to his knowledge false in any material particular, is liable on summary conviction to a fine of five hundred dollars. (4) The Assessor or any authorised officer may, for the purposes of this Part and after giving reasonable notice to the occupier of a rateable hereditament within the Municipality, enter and examine such hereditament for the purpose of inspecting the same and of ascertaining full particulars thereof, including the number and size of the internal divisions and of the outhouses used in connection therewith. (5) An occupier of a rateable hereditament or his agent or servant who— (a) refuses to permit the Assessor or an authorised officer to enter and examine the hereditament; or (b) obstructs the Assessor or any authorised officer when exercising the power conferred on them by subsection (4), is liable on summary conviction to a fine of one thousand dollars. 82. (1) In determining the annual rateable value of any rateable hereditament within the Municipality for the purposes of Mode of determining annual rateable value. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 Municipal Corporations Chap. 25:04 55 LAWS OF TRINIDAD AND TOBAGO L.R.O. 1/2009 Municipal Corporations Chap. 25:04 55 LAWS OF TRINIDAD AND TOBAGO this Part, the Assessor shall, whether or not the rateable hereditament is tenanted or used, take into account— (a) the amount of annual rent a tenant may reasonably be expected to pay for the rateable hereditament, having regard to the purpose for which the hereditament is actually used, occupied or tenanted, or where it is not actually used, occupied or tenanted, to the purpose for which it is reasonably suitable; and (b) in the case of a hereditament in respect of which the Council has passed a resolution pursuant to subsection (2), the machinery and plant in or upon the hereditament. (2) The Council may from time to time by resolution declare that machinery and plant in or upon a hereditament shall be taken into account for the purpose of determining the annual rateable value of the hereditament. (3) In ascertaining under subsection (2) the gross annual rateable value of any rateable hereditament, no account shall be taken of— (a) the provisions of the Rent Restriction Act or any statutory provision limiting or otherwise affecting the rent which may be required or recovered from a tenant thereof; or (b) the value of any services which the landlord renders or procures to be rendered to the tenant either alone or in common with other tenants of the landlord. (4) Where a hereditament is leased or rented to a tenant who is required to pay in respect thereof— (a) any premiums of insurance payable against loss or damage by fire or otherwise; or (b) any land rent which his landlord is liable to pay to the owner of the site of the hereditament, Ch. 59:50. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 56 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO 56 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO the annual rateable value of the rateable hereditament shall be the amount of the valuation thereof ascertained in accordance with subsection (1) with the addition of— (i) the yearly amount of the premiums mentioned in paragraph (a), and (ii) the yearly amount of the land rent mentioned in paragraph (b). 83. (1) A person who comes into possession of a rateable hereditament, within the Municipality, whether in his own right, as a trustee for any other person, as the personal representative of a deceased person or as the Committee of any other person, shall within one month next after he comes into possession send to the Chief Executive Officer a return in such form as may be prescribed describing the rateable hereditament and stating the title under which he got possession. (2) A person who— (a) fails to comply with the provisions of subsection (1); or (b) makes a return which is in any respect defective or incomplete, or is to his knowledge false in any material particular, is liable on summary conviction to a fine of five hundred dollars. (3) A Council may cause to be entered in a book or books herein referred to as the Register of Ownership, and in such form as it may from time to time determine, the name of every person sending in a return under this section, and the description of the premises in respect of which he makes such return. (4) A Council may, by resolution, set the procedure to be followed and the entries to be made in any Register of Ownership in cases where there appear to be conflicting claims in returns sent in under this section. 84. (1) The annual rateable value of a hereditament as determined by the Assessor shall be entered by him in a book to be called the “House Rate Book” according to the alphabetical order Returns to be submitted to Chief Executive Officer. House Rate Book. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 Municipal Corporations Chap. 25:04 57 LAWS OF TRINIDAD AND TOBAGO L.R.O. 1/2009 Municipal Corporations Chap. 25:04 57 LAWS OF TRINIDAD AND TOBAGO of the names of the land, streets, squares and other places in the Municipality and there may also be entered in the House Rate Book the names of the owners or reputed owners and such other particulars as the Council may from time to time direct. (2) The Assessor shall also enter in the House Rate Book the number or other mark by which the rateable hereditament shall be known, the amount of the rate payable and, where there is more than one occupier, the name of each occupier and the amount of the monthly, annual or other rent or consideration payable by each occupier. (3) Where pursuant to section 82(2) a Council declares that machinery and plant in or upon any hereditament shall be taken into account for the purpose of determining the annual rateable value of the hereditament, the Assessor shall cause to be entered in the House Rate Book, in addition to the amount referred to section 82(1), a separate statement showing what portion of the amount is, in his opinion, attributable to the fact that machinery and plant have been taken into account. (4) An Assessor shall, after making all the entries required to be made under subsections (1) and (2), deliver the House Rate Book to the Chief Executive Officer on or before the 31st of March in each year to be laid before the Council for approval. (5) The House Rate Book of every Corporation to be prepared under this Part shall be in a form approved by the Council. (6) All rates leviable by and to be paid to a Corporation under the provisions of this Act, or of any other written laws, whether passed before or after the commencement of this Act, shall be based on the valuations in the House Rate Book in force for the current year. 85. In the year 1991, and not later than every subsequent third year, each Council shall cause new valuations to be made of all rateable hereditaments within each Municipality in accordance with the provisions of this Part, and the valuations made in the first year of each valuation period, and entered in the House Rate Book for such period, shall, with and subject to such additions and alterations as may be made by the Assessor or Council pursuant to New valuations to be made every three years. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 58 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO 58 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO the powers conferred by this Act, in consequence of any decision of a Court of competent jurisdiction, be the valuations in force for such valuation period, and shall continue in force until new valuations are made under this Act. 86. (1) As soon as practicable after a House Rate Book has been laid before a Council, notice of the completion thereof shall be published at least once a week for two consecutive weeks in a daily newspaper circulating within the Municipality and at least once in the Gazette. (2) Every person who claims to be either the owner or the occupier of any hereditament entered in the House Rate Book or the agent of such owner or occupier may at any time during the fourteen days following the first publication of the notice inspect the House Rate Book and make extracts therefrom free of charge. (3) A notice referred to in subsection (1) shall be in the form set out as Form B in the Sixth Schedule. 87. (1) A rateable hereditament within a Municipality which has for any reason not been assessed or entered in the House Rate Book of the Corporation shall not by reason of that fact be relieved from the liability to be rated under this Part and the Assessor may at any time value such hereditament and enter it, the rateable value thereof and the rate payable thereon in the House Rate Book and the Council shall fix the date on which the rate shall be due and payable and may levy and collect same. (2) Notice of the valuation of a hereditament referred to in subsection (1) shall be given to the owner thereof and the provisions of sections 95 to 101 shall apply to a valuation made under this section. (3) A notice referred to in subsection (2) shall be in a form approved by the Council. 88. (1) Whenever, at any time after the completion of any House Rate Book and before the commencement of the next valuation period, any rateable hereditament comes into being or is completed, installed, erected, extended, improved, altered or subdivided within a Municipality, the Assessor may, at any time Notice of completion of House Rate Book to be published. Sixth Schedule. Omission to enter hereditament in House Rate Book does not affect liability to be rated. Assessment of rateable hereditament coming into being after completion of House Rate Book. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 Municipal Corporations Chap. 25:04 59 LAWS OF TRINIDAD AND TOBAGO L.R.O. 1/2009 Municipal Corporations Chap. 25:04 59 LAWS OF TRINIDAD AND TOBAGO after the same has come into being or has been completed, erected or installed or has been extended or improved or has been altered or subdivided, fix the annual rateable value thereof for the purpose of this Part. (2) The house rate arising from a valuation under subsection (1) in respect of the rating year then current shall be, in the case of a rateable hereditament not already for the same year assessed and rated to the house rate under the same description in the House Rate Book in force, the due proportion of the annual rate charged thereon, and in every other case the sum of the due proportion of the annual rate charged thereon before the valuation under this subsection and the due proportion of the annual rate charged thereon after such valuation and such rate or any balance thereof which may be owed shall be due and payable on such date as the Council may fix. (3) Where, as a result of any reduction in the valuation of a rateable hereditament under this section, there has been any overpayment of the rate due, the Corporation shall forthwith refund the amount of such overpayment to the owner of such rateable hereditament. (4) Every valuation made under subsection (1) shall come into force on the first day of the month immediately following such valuation. (5) Notice of every valuation of a rateable hereditament made under subsection (1) shall be given to the owner of such hereditament in a form approved by the Council. (6) All house rates payable under subsection (1) in respect of any rateable hereditament shall until paid be a charge upon such rateable hereditament. (7) All entries and alterations necessary in consequence of any valuation of a rateable hereditament under subsection (1) shall be made in the House Rate Book in force and shall continue in force until a new valuation for the next valuation period, or until further entries and alterations (if any) are made by virtue of any provisions of this Act. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 60 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO 60 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO (8) The valuations made under this section, during the time that they are in force, shall be deemed to be the valuations of the rateable hereditaments to which they relate. (9) Where a new house valued under this section stands upon premises already assessed and rated to the house rate in the House Rate Book in force under the same description as the new house bears, the rate payable in respect of such new house for the unexpired portion of the year in which it was erected shall be calculated upon the difference between the annual rateable value of the premises before the erection of such new house and the annual rateable value of the premises after the completion of such new house; and such rate, as well as the rate appearing in the House Rate Book in force before the erection of such new house, shall be a charge upon such new house; and all necessary entries and alterations shall be made in the House Rate Book in force. 89. (1) Where a house referred to in section 88 is erected on premises which have already been assessed and entered in the House Rate Book in force under the same description as the house bears, the rate payable in respect of the house for the unexpired portion of the year in which it was erected shall be calculated on the difference between the annual rateable value of the premises before the erection of the house and the annual rateable value of the premises after its completion. (2) The rate referred to in subsection (1) as well as the rate entered in the House Rate Book in force before the completion of the house shall be a charge on the house; and all the necessary entries shall be made in the House Rate Book in force. 90. (1) The Council shall, as soon as convenient after any alteration in the boundary of any Municipality, cause the several rateable hereditaments in the new area so included to be valued in accordance with the provisions of this Part for the purpose of fixing the house rate payable in respect thereof and shall cause such valuations and the rates payable in respect thereof or any necessary amendments in respect of rateable hereditaments thereby excluded to be entered in the House Rate Book in force, or in a separate book, in such manner and form as the Council may determine. Rate payable where house is erected on premises which are already assessed. Valuation of premises in Municipality after alteration of boundary. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 Municipal Corporations Chap. 25:04 61 LAWS OF TRINIDAD AND TOBAGO L.R.O. 1/2009 Municipal Corporations Chap. 25:04 61 LAWS OF TRINIDAD AND TOBAGO (2) The valuations so made, subject to any variations thereof on appeal, shall take effect from a day to be fixed by resolution of the Council and shall, for the purpose of computing all rates payable in respect of such rateable hereditaments, be deemed to be the valuations thereof from such date for the unexpired period of the current valuation period; and the provisions of this Part relating to the service of notices of assessment, to objections to an Assessor’s valuations, and to appeals from the Commissioner of Valuations decisions on such objections, shall apply to such valuations. (3) For all purposes relating to the qualifications of electors and Councillors, any area included in a Municipality under the powers conferred by this section shall be deemed to have formed part of the Municipality during the whole of the twelve months immediately preceding the date of such inclusion. (4) Save as otherwise expressly provided by this Act, all written laws in force and applicable to the Municipality at the date of any extension of its limits shall apply to the area so annexed by the Municipality. 91. (1) The Assessor shall, on or before the 31st March in each year, cause a notice of assessment signed by him and specifying the annual rateable value of each rateable hereditament within the Municipality, the amount of rate payable in respect thereof and the time when and where such rate is to be paid, to be served on the owner or occupier of the rateable hereditament or on his agent or attorney or to be left on the hereditament with a person actually residing there. (2) Where the notice cannot be served or left in accordance with subsection (1), it shall be attached to the door or any other conspicuous part of the hereditament. (3) Any default or neglect in complying with the provision of this section or the non-receipt of a notice of assessment by the owner of a rateable hereditament shall not affect the liability of the owner to pay rates in respect thereof nor shall it affect the validity of an action taken for the recovery of such rate. Enactments and Bye-laws applicable to Municipality to extend to added area. Assessor to notify owner of annual rateable value of rateable hereditament. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 62 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO 62 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO 92. (1) The owner of a rateable hereditament in a Municipality who is dissatisfied with the valuation of the Assessor may, within twenty-one days next after the service of the notice, notify the Chief Executive Officer in writing of his objection thereto. (2) Where no notice of assessment has been served on the owner of a rateable hereditament, the notice of objection under this section may be given by that owner not later than twenty-one days next after the date of first publication of the notice of completion of the House Rate Book. (3) The Chief Executive officer shall, within ten days of receipt of any notice of objection, forward the same to the Commissioner of Valuations who shall consider every objection and may either confirm, reduce, or increase the value or make such other adaptations thereto as he considers just. (4) The Chief Executive Officer shall notify the objector of the decision of the Commissioner of Valuations in writing within twenty-one days of receipt of such decision. 93. (1) Whenever, after the completion of the House Rate Book, it appears to a Commissioner of Valuations that any rateable hereditament has been insufficiently or too highly valued, the Commissioner shall value such rateable hereditament anew. (2) The house rate arising from a revaluation under subsection (1) in respect of the valuation period then current shall be the sum of the due proportion of the annual rate charged thereon before such new valuation and the due proportion of the annual rate charged thereon after such new valuation. (3) Where, as a result of any reduction in the valuation of a rateable hereditament under this subsection, there has been any overpayment of the rate due, the Corporation shall forthwith refund the amount of such overpayment to the owner of such rateable hereditament. (4) Every valuation made under subsection (1) shall come into force on the first day of the month immediately following such valuation. Owner to notify Chief Executive Officer of objection to valuation. New assessments after completion of House Rate Book. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 Municipal Corporations Chap. 25:04 63 LAWS OF TRINIDAD AND TOBAGO L.R.O. 1/2009 Municipal Corporations Chap. 25:04 63 LAWS OF TRINIDAD AND TOBAGO (5) Notice of every valuation of a rateable hereditament made under this section shall be given to the owner of such hereditament in a form approved by the Council and the provisions of section 92 shall apply. (6) All house rates payable under subsection (1) in respect of any rateable hereditament shall, until paid, be a charge upon such rateable hereditament. (7) All entries and alterations necessary in consequence of any new valuation of a rateable hereditament under subsection (1) shall be made in the House Rate Book in force and shall continue in force until a new valuation for the next valuation period, or until further entries and alterations, if any, are made by the Corporation by virtue of any powers conferred by this Act. (8) Notwithstanding the provisions of subsection (1), the Commissioner of Valuations shall not increase a valuation unless he gives the owner of the hereditament at least seven days notice in writing of the proposed increase and allows the owner an opportunity to be heard in that behalf. 94. (1) The decision of the Commissioner of Valuations in respect of a valuation shall be final and binding on all parties and for all purposes unless the person who objected to the valuation appeals against the decision to the Tax Appeal Board in accordance with section 7 of the Tax Appeal Board Act. (2) On an appeal, the Tax Appeal Board may summon and compel the attendance of witnesses, examine witnesses on oath, require either party to produce any book containing entries relating to the rent charged or paid in respect of the hereditament to which the appeal relates and, where necessary, enter and inspect such hereditament. (3) On an appeal, the Tax Appeal Board may either confirm the valuation or vary the valuation as it thinks fit, subject to the considerations mentioned in section 82. (4) In determining the amount at which any hereditament shall be valued, reference may be had to the value at which other hereditaments in the Municipality are valued. Decision of Commissioner of Valuations final unless appeal is filed. Ch. 4:50. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 64 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO 64 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO 95. (1) A party who is aggrieved by the decision of the Tax Appeal Board may appeal against such decision to the Court of Appeal; but the decision of the Tax Appeal Board shall be final and binding on all parties unless notice of appeal is given within twenty-one days of the decision. (2) The notice of appeal shall— (a) be signed by the appellant or his Attorney-at-law; (b) state the grounds on which the appeal is based. (3) On an appeal the Court of Appeal may confirm or vary the decision of the Tax Appeal Board. 96. An appellant, other than a Council, shall, within five days of giving notice of appeal, enter into a recognisance before a Justice of the Peace with a surety in the sum of one thousand dollars to appear and prosecute the appeal and to pay such costs as may be awarded by the Court. 97. The Registrar of the Tax Appeal Board shall cause to be served on the respondent or his Attorney-at-law a copy, certified under his hand, of the notice of appeal and shall notify the appellant and the respondent or their Attorneys-at-law of the day fixed for the hearing of the appeal. 98. Where the Tax Appeal Board or the Court of Appeal has varied a decision of the Commissioner of Valuations, or where he has, by virtue of the power conferred on him by this Part, altered the valuation of rateable hereditament, the Council shall cause the variation or alteration to be entered in the House Rate Book at such places and in such manner and form and with such references across or opposite any entry as it may consider necessary or convenient. 99. (1) The annual rate to be paid in respect of every rateable hereditament shall be paid by the owner of the hereditament; but the amount may be collected from the tenant or occupier of the hereditament or any part thereof and the tenant or occupier may deduct the amount he paid from rent payable by him in respect of the hereditament. Appeal from decision of Appeal Board. Appellant to enter into recognisance. Certified copy of notice of appeal to be sent to respondent. Valuations which have been varied or altered to be entered in House Rate Book. Owner to pay annual rate. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 Municipal Corporations Chap. 25:04 65 LAWS OF TRINIDAD AND TOBAGO L.R.O. 1/2009 Municipal Corporations Chap. 25:04 65 LAWS OF TRINIDAD AND TOBAGO (2) Nothing in subsection (1) shall be construed as affecting any contract between the landlord and tenant with respect to the payment of such rate. (3) Where the owner of a rateable hereditament has contracted to let the same to a tenant at a stated rent and the annual rateable value of the hereditament is subsequently increased by reason of the fact that account is taken of machinery and plant therein, then if— (a) the machinery and plant belong to the tenant; and (b) the contract was made without reference to the possibility that the machinery and plant might be taken into account for the purpose of determining the annual rateable value of the hereditament, the owner is entitled to recover from the tenant, as a civil debt, the amount by which the rate payable by him has been increased by reason of the fact that the machinery and plant had been taken into account. 100. (1) Any rate due under this Part together with any statutory increase which may have accrued under this Act shall, until paid, be a charge on the rateable hereditament in respect of which the rate is due and payable on and without prejudice to such charge and to the power of sale conferred by the Rates and Charges Recovery Act on the rate and the statutory increase, if any, may be recovered from the owner of the rateable hereditament by action in any Court of competent jurisdiction or by distress on any goods and chattels including any moveable tenement standing on land forming part of the rateable hereditament which may be found in or upon the rateable hereditament. (2) Where the rateable hereditament consists of a moveable tenement and the land on which it stands and the tenement is removed before the rate due in respect thereof is paid, the rate shall remain a charge on the land and may, without prejudice to the charge and to the statutory power of sale for the enforcement thereof, be recovered from the owner of the land by action in any Court of competent jurisdiction. Rate to be a charge on premises and may be recovered by distress. Ch. 74:03. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 66 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO 66 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO 101. (1) The rate payable in respect of every rateable hereditament within a Municipality shall be paid to the Treasurer for the use of the Corporation on or before the 1st July in each year. (2) Where any rates are in arrears the Treasurer shall, at the first meeting of the Council in the month of August in each year, lay before the Council a return specifying the premises and the amounts of the arrears. (3) Any rate which is unpaid on the 31st July shall be surcharged and increased by ten per cent and, if the rate remains unpaid on the 31st July of the following year, it shall be further increased by ten per cent. (4) Where the rate or any part thereof remains unpaid for a period of two years, the Chief Executive Officer shall cause the hereditament to be sold in accordance with the provisions of the Rates and Charges Recovery Act; but the Mayor of a Corporation shall not be at liberty to exercise the discretion to postpone the sale given to him by section 13 of the Rates and Charges Recovery Act. 102. (1) Where arrears of rates payable in respect of rateable hereditaments within a Municipality are outstanding, the Treasurer shall, on receipt of moneys paid for rates or any statutory increases in respect of such a hereditament for any year, apply such moneys towards the liquidation of any arrears of rates in respect of that hereditament in the order in which they become due for every previous year. (2) Any rates or statutory increases remaining unpaid as a result of the application of moneys in accordance with subsection (1) shall be recovered in the same manner as any other rates which are due and payable. 103. (1) Where a warrant for the recovery of any rates and charges under this Part has been delivered to a bailiff, the bailiff shall, within three months after the delivery, return the warrant to the Chief Executive Officer with a statement on the back thereof or attached thereto, signed by the bailiff, setting out his proceedings in respect of the amount of arrears where he has made distress or that there are no goods or chattels on which distress could have been made. Date when rate payable. Ch. 74:03. Treasurer to apply moneys to arrears. Return of warrant by bailiff. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 Municipal Corporations Chap. 25:04 67 LAWS OF TRINIDAD AND TOBAGO L.R.O. 1/2009 Municipal Corporations Chap. 25:04 67 LAWS OF TRINIDAD AND TOBAGO (2) A bailiff who fails to make the return as required by subsection (1) or makes a false return, is liable on summary conviction to pay the equivalent of the arrears and costs together with the sum of one thousand dollars. (3) The money payable under subsection (2) may, at the suit of the Corporation, be recovered from the bailiff in an action of debt in the High Court. (4) Any moneys recovered pursuant to subsection (3) shall be applied towards the use of the Corporation. 104. (1) All premises belonging to the State situated within a Municipality and occupied for public purposes by the Government shall, for the purposes of this Act, be assessed at such annual rateable value as is fixed by the Commissioner of Valuations with the approval of the Minister of Finance, and a contribution to house rates based on such annual rateable value and computed at the rate imposed by this Part shall be made from the time when each of such premises was first occupied by the Government for public purposes, and shall be paid by the Comptroller of Accounts to the Corporation on the warrant of the Minister of Finance. (2) The occupation by the State of any premises rented or leased for the public service of Trinidad and Tobago shall not exempt such premises from the tax imposed by this Part, and the same sum shall be levied in respect of such premises as if they had continued in private occupation. (3) Notwithstanding the provisions of subsection (1) where notice is given to a Council by the Minister of Finance during the month of January, February or March in any year that the Government has ceased occupying any of the premises situated within a Municipality and belonging to the State for public purposes, then the amount payable by the Government by way of house rates shall be diminished by the amount of rates which would be payable in respect of the premises if they were in the occupation of a private person. (4) The amount of the rateable value of the premises referred to in subsections (1) and (2) may be varied from time to time by agreement between the Minister of Finance and the Council. Payment by Government of annual sum in lieu of rates. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 68 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO 68 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO 105. The production of a House Rate Book for the time being in force shall be received as sufficient evidence of the due making and validity of the valuations and rates therein contained. 106. (1) No error, misnomer, or misdescription in any notice or House Rate Book, and no omission to enter therein the names of owners or reputed owners, nor any error in the names of owners or reputed owners, nor any error in the names entered therein as those of the owners or reputed owners of any rateable hereditament, shall in any way vitiate such notice or any valuation or assessment contained in such House Rate Book or in any way affect the liability of any rateable hereditament to any rate payable in respect thereof. (2) A Council may at any time correct errors, misnomers, or misdescriptions, and supply omissions, and make such other alterations in any notices, valuations, and House Rate Book as may be necessary to correct any errors therein or to make such notices, valuations, and House Rate Book and all the particulars therein conformable to fact, to any resolutions of the Council relating to any entries to be made herein, and to the provisions of this Part. 107. The Council shall cause to be noted or entered in the House Rate Book for the time being in force, at such places and in such manner and form as may be appropriate, any changes duly notified to it in the ownership of any rateable hereditament contained in such House Rate Book. PART vI FINANCIAL PROvISIONS 108. (1) Every Council shall, on or before the day prescribed by the Minister with responsibility for Finance, prepare and submit to the Minister for his approval and for the approval of the Minister with responsibility for Finance true estimates of— (a) capital expenditure and the financing thereof; and (b) an income and expenditure budget, for the financial year commencing on the 1st January next following and the Minister may make such amendments thereto as may be considered expedient. House Rate Book to be evidence of valuations and rates. Errors, etc., not to affect liability to rate. Council may correct errors in notice or House Rate Book. Change of ownership to be noted in House Rate Book. Annual estimates. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 Municipal Corporations Chap. 25:04 69 LAWS OF TRINIDAD AND TOBAGO L.R.O. Municipal Corporations Chap. 25:04 69 LAWS OF TRINIDAD AND TOBAGO (2) For the purposes of subsection (1), the prescribed days shall be as set out in the Third Schedule or in the Order made pursuant to section 5(2). (3) No sums shall be expended in any year save as provided in the estimates so approved, but the Council may from time to time, submit a supplemental estimate of expenditure to the Minister for approval. (4) The Council may at any time during the year utilise any saving under one head or subhead of recurrent expenditure in the estimates for the purpose of meeting any excess under another head or subhead of such recurrent expenditure. (5) In respect of any portion of a year that has elapsed before the approval of the estimates for the year, the Council may provisionally expend in each week, in respect of any matter, any sum not exceeding one fifty-second part of the estimate for similar work, services or salaries in the previous financial year, or, by leave of the Minister, any such further sums as the Minister may sanction. 109. (1) Every Corporation shall establish a fund to be known by its corporate name to which all moneys received by the Corporation, other than sums received by it as trustees or for the purposes of any fund established pursuant to section 110, shall be credited and all expenditure of the Corporation, except in its capacity as a trustee or for the purposes of any fund established pursuant to section 110, shall be defrayed out of such fund. (2) The Corporation may collect on behalf of the Government such fees, rates and taxes as the President may by Order prescribe, and may retain for its own use such portion of those fees, rates and taxes as the Minister to whom responsibility for Finance is assigned may determine by Order. (3) An Order made under this section shall be subject to affirmative resolution of the House of Representatives. 110. (1) A Council may by resolution, with the approval of the Minister, establish a fund to be known as the “Mayor’s Fund” for the purposes specified in the resolution establishing the fund. Third Schedule. Corporation fund and collection of fees, rates and taxes. Mayor’s Fund. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 70 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO 70 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO (2) The revenue of the Mayor’s Fund shall be derived from— (a) such donations and other contributions as may from time to time be received for the Mayor’s Fund; (b) such moneys as the Council may by resolution authorise to be paid into the Mayor’s Fund. (3) All moneys to be expended out of the Mayor’s Fund shall be authorised by resolution of the Council. (4) An annual report on the Mayor’s Fund together with an audited statement of its revenue and expenditure shall be submitted to the Minister. 111. All moneys belonging to, or received for, or on behalf of the Corporation shall as soon as practicable be paid into an account of the Corporation at such bank as the Council shall, by resolution, appoint; but the Council may, by resolution, authorise the Treasurer to retain in his hands a sum sufficient for the daily expenses of the Council. 112. (1) The Corporation Fund shall be applied towards the payment of— (a) the salaries and other remuneration of the Chief Officers and other officers and employees of the Corporation; (b) the pensions and gratuities under any written law applicable to the Corporation; (c) the expenses incurred as a result of prosecuting persons who have committed offences against this Act or any other written law; (d) the expenses incurred in forming and laying out, repairing, draining, and cleaning the streets, footways, squares and other public places vested in the Corporation, but not including the paving or maintenance of natural ravines, main drains and watercourses; Moneys to be paid into approved banks. Application of funds. [18 of 1998 6 of 2009]. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 Municipal Corporations Chap. 25:04 71 LAWS OF TRINIDAD AND TOBAGO L.R.O. 1/2009 Municipal Corporations Chap. 25:04 71 LAWS OF TRINIDAD AND TOBAGO (e) in the case of the Corporation for the City of Port of Spain, the maintenance of the pitch walk, rails and benches around the Queen’s Park Savannah; (f) the expenses incurred in the maintenance and management of markets, slaughterhouses, pastures, commons, recreation grounds or cemeteries and crematoria, under the control or management of the Corporation; (g) the expenses incurred in the maintenance and preservation of all corporate property; (h) any sums payable by the Corporation as a result of a judgment of a Court of law; (i) the expenses generally of and incidental to the carrying out of the provisions of— (i) this Act; (ii) the Public Health Ordinance; (iii) any other written law imposing duties on the Corporation entailing expenditure; and (j) any other sums which have been specifically voted by the Council and the payment of which is approved by the Minister. (2) Where the Corporation Fund is more than sufficient to meet the expenses specified in subsection (1), the surplus may, with the consent of the Minister, be applied under the direction of the Council towards the erection of buildings or towards the acquisition of lands or buildings for any one or more of the following purposes: (a) (Repealed by Act No. 18 of 1998); (b) any public institution situated within the Municipality and devoted to the care of infants or indigent persons; (c) the erection and maintenance of monuments or foundations or both; (d) generally for the improvement of the Municipality and for the benefit of the inhabitants thereof. Ch. 12. No. 4. (1950 Ed.). MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 72 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO 72 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO 113. (1) Every Corporation shall keep its accounts in a form, having regard to its annual estimates, approved by the Minister of Finance. (2) The accounts of every Corporation shall be subject to audit by the Auditor General in all respects as if the Corporation were a department of the Public Service. (3) The Auditor General shall send one duly certified abstract of the accounts of every Corporation to its Council, and another duly certified abstract to the Minister. (4) At every audit, the Auditor General shall— (a) disallow every item of account which is contrary to law; (b) surcharge the amount of any expenditure disallowed upon any officer or member responsible for incurring or authorising the expenditure; and, in the case of members, where it does not appear from the resolutions of the Council or Committee which particular members of the Council concurred in authorising any expenditure, every member present at the meeting at which such expenditure was authorised shall be deemed to have so concurred until he proves the contrary; (c) surcharge any sum which has not been duly brought into account upon the person by whom that sum ought to have been brought into account; (d) surcharge the amount of any loss or deficiency upon any person by whose negligence or misconduct the loss or deficiency has been incurred; (e) certify the amount due from any person upon whom he has made a surcharge; (f) certify at the conclusion of the audit his allowance of the accounts, subject to any disallowances or surcharges which he has made, save that— (i) no expenses paid by a Corporation shall be disallowed by the Auditor General if they have been sanctioned by the Minister; Form of accounts and audit. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 Municipal Corporations Chap. 25:04 73 LAWS OF TRINIDAD AND TOBAGO L.R.O. 1/2009 Municipal Corporations Chap. 25:04 73 LAWS OF TRINIDAD AND TOBAGO (ii) a surcharge shall not be made under this section upon an officer of a Corporation by reason only of his signing a cheque or an order in respect of any illegal payment if he satisfies the Auditor General that, before signing the cheque or order, he advised the Council in writing that in his opinion the payment was illegal; (iii) a surcharge shall not be made under this section upon a member of a Council by reason only of his authorising an illegal payment if he satisfies the Auditor General that the payment was authorised by the Council or its Finance and Planning Committee and that before he authorised or concurred in authorising the illegal payment he had not been advised by any officer that in the opinion of the officer the payment was illegal. (2) Any loss represented by a charge for interest or any loss of interest shall be deemed to be a loss within the meaning of this subsection, if it arises from failure through wilful neglect or wilful default to make or collect such rates as are necessary to cover the expenditure of a Corporation for any financial year including any expenditure incurred in any previous year and not covered by rates previously levied, or failure to collect other revenues. 114. (1) Any person who is aggrieved by a decision of the Auditor General on any matter in respect of which he made an objection at the audit, and any person aggrieved by a disallowance or surcharge made by the Auditor General may appeal to the High Court. (2) The High Court on such an appeal shall have power to confirm, vary or quash the decision of the Auditor General, and to remit the case to the Auditor General with such directions as it thinks fit for giving effect to its decision, and if the decision of the Auditor General is quashed or is varied so as to reduce the Appeals and applications for relief. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 74 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO 74 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO amount of the surcharge to two thousand five hundred dollars or less, the appellant shall not, on account of such decision of the Auditor General, be subject to the disqualification by reason of section 11(8)(i). (3) In the case of a surcharge, the person surcharged may, whether or not he appeals under section 114, apply to the President for a declaration that in relation to the subject matter of the surcharge he acted reasonably or in the belief that his action was authorised by law, and the President, if satisfied that there is proper ground for doing so, may make a declaration to that effect. (4) Where such a declaration is made the person surcharged, if by reason of the surcharge he is disqualified as a Councillor, shall not be subject to that disqualification, and the President may, if satisfied that the person surcharged ought fairly to be excused, relieve him either wholly or in part from personal liability in respect of the surcharge, and the decision of the President under this section shall be final. 115. (1) Every sum certified by the Auditor General to be due from any person to a Corporation shall be paid by that person to the Corporation within fourteen days after it has been so certified or, if an appeal or application with respect to that sum has been made, within fourteen days after the appeal or application is dismissed, or refused, or abandoned, or withdrawn or fails by reason of the non-prosecution thereof. (2) Any sum which is certified by the Auditor General to be due to a Corporation and has become payable shall be recoverable as a civil debt. (3) In any proceeding for the recovery of such a sum, a certificate signed by the Auditor General shall be conclusive evidence of the fact certified, and a certificate signed by the Treasurer of the Corporation or other officer whose duty it is to keep the accounts that the sum certified to be due has not been paid to him shall be conclusive evidence of non-payment unless it is proved that the sum certified to be due has been paid since the date of the certificate. Payment and recovery of sums certified to be due. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 Municipal Corporations Chap. 25:04 75 LAWS OF TRINIDAD AND TOBAGO L.R.O. 1/2009 Municipal Corporations Chap. 25:04 75 LAWS OF TRINIDAD AND TOBAGO (4) unless the contrary is proved, a certificate purporting to be signed by the Auditor General, or by the Treasurer, or other officer whose duty it is to keep the accounts, shall be deemed to have been signed by such Auditor General, Treasurer or other officer, as the case may be. (5) The Chief Executive Officer shall cause proceedings before a Court for the recovery of any sum certified by the Auditor General to be due to be commenced within nine months from the date of the disallowance or charge or, in the event of an appeal or application being made to the High Court, within nine months from the date on which the appeal or application is dismissed or refused or abandoned or fails by reason of non-prosecution or is withdrawn. (6) An appeal shall be deemed to have been abandoned or to have failed by reason of non-prosecution if it is not finally disposed of by the High Court within one year after it has been filed therein, or within such extended time as the Court may allow on application made within the said period of one year. 116. (1) All cheques drawn upon the banking account of a Corporation shall be signed by not less than two officers authorised for the purpose by resolution of the Council with the approval of the Minister. (2) All receipts issued for moneys paid to a Council for the benefit of the Corporation may be signed by the officer actually receiving such moneys on behalf of the officer appointed to receive such moneys. 117. A Council may, by resolution, make Regulations as to all or any of the following matters: (a) the custody of money, pass books, and cheques; and (b) all matters necessary for the proper keeping of its accounts. 118. (1) All matters of a financial nature relating to the affairs of a Corporation and all vouchers for the payment of any moneys to be disbursed by the Corporation except petty disbursements not Signatures of cheques and receipts. Council may make Regulations. All financial matters to be submitted to Finance Committee. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 76 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO 76 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO exceeding a sum to be fixed by resolution of the Council shall be submitted for approval to the Finance and Planning Committee appointed in accordance with section 69. (2) Every Treasurer shall cause vouchers to be made out for all payments out of the Corporation Fund save in the case of petty cash disbursements not exceeding such sum as is fixed by resolution of the Council; and the Treasurer shall be responsible for all vouchers and the correctness thereof. (3) All vouchers shall be signed by such officers of the Corporation as the Council may authorise for that purpose with the approval of the Minister. 119. (1) A Corporation may apply to the Minister for approval to borrow such sums of money as it considers necessary for the execution of any permanent works or of any works which it is authorised to execute under this Act or any other written law or for the repayment of any loan or part thereof or for any purpose. (2) An application for approval to borrow money shall state— (a) the amount to be borrowed and the proposed rate of interest; (b) the purposes for which the loan is intended to be applied; (c) the period within which it is intended to repay the loan and the method of repayment, whether by equal annual instalments, or principal and interest combined on the annuity system or otherwise; (d) the security, if any, to be given for the repayment of the loan; and (e) where no security is intended to be given, the provision to be made for the repayment of the loan and interest thereon from the Corporation Fund. (3) Where works carried out by a Corporation are being wholly or partly financed by loans, they shall be executed according to such plans and estimates and be subject to such provisions for the obtaining of the necessary funds as the Minister may approve. Corporation may borrow money. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 Municipal Corporations Chap. 25:04 77 LAWS OF TRINIDAD AND TOBAGO L.R.O. 1/2009 Municipal Corporations Chap. 25:04 77 LAWS OF TRINIDAD AND TOBAGO (4) The Minister may alter the plans, estimates and provisions referred to in subsection (3) in such manner and to such extent as he considers necessary before giving his approval under that subsection. (5) A Corporation may apply such portion of its general revenue as may be required to give effect to the terms and conditions of any approval given by the Minister under this Act in or towards the payment of the principal or interest or both, of any loan secured under this Part. (6) A Council may, with the approval of the Minister— (a) borrow as temporary advances such sums as are necessary for defraying expenses included in the approved estimates and are payable out of the Corporation Fund; and (b) enter into arrangements with the manager of an approved bank with which it has a current account for the purpose of over-drawing its account to such extent as may be specified in the approval. (7) Any temporary advance borrowed by a Corporation under subsection (1) shall be repaid before the expiration of the financial year in which it was made. (8) In this section, “Minister” means the Member of the Cabinet to whom responsibility for Finance is assigned. 120. The Minister may on the application of a Council approve the allocation of moneys to purposes other than those to which such moneys were allocated under this Act. 121. (1) Where a member of a Council has any pecuniary interest, whether direct or indirect, in a contract or proposed contract or any other matter, he shall disclose the nature of his interest at the first meeting of the Council at which he is present after the relevant facts have come to his knowledge. (2) A disclosure under subsection (1) shall be recorded in the Minutes of the Council or Committee and subject to Power to alter allocation of moneys. Disability of members through conflict of interest. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 78 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO 78 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO subsection (9), after the disclosure, the member making the disclosure shall not be present or take part in the deliberations at any meeting when the matter is being decided by the Council or Committee. (3) This section shall not apply to an interest in a contract or other matter which a member may have as a ratepayer or inhabitant of the area or as an ordinary user of any service or to an interest in any matter relating to the terms on which the right to participate in any service provided by the Corporation, including the supply of goods, is offered to the public. (4) Subject to subsection (5), a person shall be treated as having an indirect pecuniary interest in a contract or other matter if— (a) he, or any nominee of his, is a member or a director of a company or other body with which the contract is made or is proposed to be made, or which has a direct pecuniary interest in the other matter under consideration; or (b) he is a partner or is in the employment of a person with whom the contract is made or is proposed to be made or who has a direct pecuniary interest in the other matter under consideration. (5) A person shall not be treated as having a pecuniary interest by reason only of his being a member of or being employed by any public body. (6) Where a member of a Council has an indirect pecuniary interest in a contract or other matter and would not fall to be treated as having such an interest but for the fact that he has a beneficial interest in shares of a company or other body, then if the total nominal value of those shares does not exceed one hundredth of the total nominal value of the issued share capital of the company or body, he may take part in the consideration or discussion of the contract or other matter if he first discloses the nature and extent of his interest. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 Municipal Corporations Chap. 25:04 79 LAWS OF TRINIDAD AND TOBAGO L.R.O. 1/2009 Municipal Corporations Chap. 25:04 79 LAWS OF TRINIDAD AND TOBAGO (7) Where, however, the share capital of the company or other body is of more than one class, subsection (6) shall not apply if the total nominal value of all the shares of any one class in which he has a beneficial interest exceeds one-hundredth part of the total issued share capital of that class of shares of the company or other body. (8) In the case of married persons living together, an interest of one spouse shall, if known to the other, be deemed for purposes of this section to be also an interest of the other spouse. (9) A general notice given in writing to the Chief Executive Officer by a member of the Council to the effect that he or his spouse is a member, or is in the employment of a specified company or other body, or that he or his spouse is a partner, or is in the employment of a specified person shall, unless and until the notice is withdrawn, be deemed to be a sufficient disclosure of his interest in any contract, proposed contract or other matter relating to that company or other body or to that person, which may be the subject of consideration after the date of the notice. (10) Every Chief Executive Officer shall record in a book to be kept for that purpose particulars of any disclosure made under subsection (1) and of any notice given under subsection (9), and the book shall be open at all reasonable hours to the inspection of any member of the Council or the public. (11) Any person who fails to comply with the provisions of subsection (1) is liable on summary conviction to a fine of one thousand dollars, unless he proves that he did not know that a contract or other matter in which he had a pecuniary interest was the subject of consideration at the meeting. (12) In any case where the number of members of a Council disabled by the provisions of this section at any one time would be so great a proportion of the whole as to impede the transaction of any particular item of business, the President may, on the application of the Council or otherwise and subject to such conditions as he may think fit to impose, remove any disability imposed by this section respecting such business or, with the consent of the Council and after such inquiry as he may direct, cause the business to be transacted on the Council’s behalf. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 80 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO 80 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO (13) Where the President causes any business to be transacted under subsection (12) the business so transacted shall be of full force and effect and binding upon the Corporation. (14) In any other cases to which subsection (12) does not apply, the President may, subject to such conditions as he may think fit to impose, remove any disability affecting a member of a Council if it appears to him that it is in the interest of the inhabitants of the Municipality that he should do so. (15) Notwithstanding anything in this section, every member of a Council may take part in the consideration or discussion of and vote on the question whether any application shall be made or any such consent granted under subsection (12). (16) In this section the expression “shares” includes stock and the expression “share capital” shall be construed accordingly. 122. (1) Where it comes to the knowledge of an officer that a contract in which he has a pecuniary interest, whether direct or indirect (not being a contract to which he himself is a party), has been or is proposed to be entered into by the Council or a Committee thereof, he shall, as soon as practicable, give notice in writing to the Council of the fact that he is interested therein. (2) No officer or employee of a Corporation shall exact or accept any fee or reward other than his proper remuneration. (3) A person who fails to comply with the provisions of subsection (1) or (2) is liable on summary conviction to a fine of four thousand dollars. 123. (1) A Corporation may, with the approval of the President, purchase or otherwise acquire or lease any land for such purposes and on such terms and conditions as the President may approve. (2) A Corporation may, where it acquires lands for public purposes, follow the procedure prescribed under the Land Acquisition Act for compulsory acquisition of lands. (3) A Corporation may, with the consent of the President and under the Seal of the President, sell and demise any land vested in it. Officers to declare interest in contracts. Acquisition and alienation of corporate property. Ch. 58:01. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 Municipal Corporations Chap. 25:04 81 LAWS OF TRINIDAD AND TOBAGO L.R.O. 1/2009 Municipal Corporations Chap. 25:04 81 LAWS OF TRINIDAD AND TOBAGO (4) Land vested in a Corporation which is to be let, leased, rented, demised or sold shall, except where the President otherwise determines and in accordance with such scheme as may be approved by him, be let, leased, rented, demised or sold for the best rent or at the best price which can be reasonably obtained. (5) Any capital money received in respect of any dealing in land pursuant to subsection (2) shall be applied towards the discharge of the capital debt of the Corporation or for any other purpose to which capital money may properly be applied. PART vII STReeTS AND BuILDINGS 124. (1) In this Part and in any Bye-laws, Rules or Regulations made or continued under this Part— “builder” means the person who is employed to build or to execute any work on a building or other structure; or, where no such person is so employed, the owner or occupier of the building or other structure; “building regulations” means the Regulations in the Eighth Schedule and any Regulations made or continued under section 160; “carriageway” means a way constituting or contained in a highway, being a way (other than a cycle track) over which the public have a right of way for the passage of vehicles; “commercial building” means a shop, warehouse, factory, foundry, workshop, depot, power-house, a building constructed or used or adapted to be used for a commercial or industrial purpose, and every building other than a domestic or public building; “domestic building” means a dwelling house and any out building appurtenant thereto whether attached to it or not; “dwelling house” means a building used or constructed or adapted to be used wholly or principally for human habitation; “dwelling unit” means one or more rooms designed for sleeping and dining for use by not more than one family and in which separate kitchen and sanitary facilities are provided for the exclusive use of such family with a private entrance from outside the building or from a common hallway, passage, gallery or stairway; Interpretation. Eighth Schedule. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 82 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO 82 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO “footway” means a way contained in a highway which also contains a carriageway, being a way, over which the public have a right of way on foot only; “inhabited”, in relation to a room, means the use of such room as a bedroom or as a living room by a person and includes the use of any room with regard to which (until the contrary is proved) there is a presumption that a person spends the night therein or that it is used as a living room; “public building” means a building used, constructed or adapted to be used either ordinarily or occasionally as a church or a chapel or other place of public worship or as a hospital, school, cinema, pavilion, stadium, nightclub, library, museum, pool room, hotel, restaurant, theatre, public hall, public concert room, public ballroom or public exhibition room, or as a public place of assembly for persons admitted thereto by tickets or otherwise, or used, constructed or adapted to be used either ordinarily or occasionally for any public purpose; “sanitary conveniences” includes urinals, water closets, earth closets, privies, cesspits, and all similar conveniences; “sign” means any visible thing employed wholly or in part for the purpose of an advertisement or announcement; “street” includes the whole or any part of any highway or road and any public bridge, lane, footway, square, court, alley or passage whether a thoroughfare or not and includes any side drains appurtenant thereto; “structure” includes any building, or any part thereof, and any wall or fence and anything fixed to or projecting from any building, wall, fence, or other structure; “vehicle” has the meaning assigned to it under section 2 of the Motor Vehicles and Road Traffic Act. (2) For the purposes of this Part, each of the following is deemed to be the erection of a new building: (a) the re-erection in whole or part of any building involving the reconstruction of an outer wall; (b) the conversion into a dwelling house of any building which is not a dwelling house; Ch. 48:50. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 Municipal Corporations Chap. 25:04 83 LAWS OF TRINIDAD AND TOBAGO L.R.O. 1/2009 Municipal Corporations Chap. 25:04 83 LAWS OF TRINIDAD AND TOBAGO (c) the conversion into more than one dwelling unit of a building originally constructed as a single dwelling unit; (d) the creation of a new habitable room or the provision of an increase in the number of habitable rooms in an existing structure; (e) the reconversion into a dwelling house of any building which had been discontinued as, or appropriated for any purpose other than that of a dwelling house; (f) the conversion into a commercial building of a dwelling house; (g) the conversion into a public building of a structure that is not a public building; (h) the making of any addition to an existing building by raising any part of the roof, by altering a wall, or making any projection from the building, but so far as regards the addition only; and (i) the roofing or covering over of any open space between walls or buildings. 125. (1) No person may break up or open the surface, pavement, or soil of any street within a Municipality which is maintainable by the Council or lay any pipe or wire or any other matter or thing in or under any such street or any part of the sub soil thereof for any purpose, or place or erect any pole, post hoarding, or barricade or other structure in any such street without the prior consent of the Council. (2) A person who contravenes the provisions of this section is guilty of an offence and liable to a fine of five thousand dollars and to a further fine of five hundred dollars for every day that the offence continues after he was given notice thereof by the Engineer or his duly authorised representative. (3) Subsection (1) does not apply to any person while discharging a duty imposed upon him by any written law; but such person shall give notice of an intention to carry out any of the Breaking up of pavement or obstruction of street without prior consent. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 84 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO 84 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO works referred to in subsection (1) and shall execute all such works in accordance with the provisions of sections 64 and 65 of the Highways Act and shall comply with all reasonable directions given in connection therewith by the Council or any of its officers. (4) Subject to the provisions of sections 61 to 65 of the Highways Act, a Council may, by resolution or by agreement under the seal of the Corporation for such consideration as it thinks proper, permit any person, for such purposes as shall be specified in such resolution or agreement, to break up or open the surface or soil of any street vested in the Corporation or to lay any pipe or wire or other matter in or under such street, or to place or erect any pole, post, hoarding, barricade or other structure in any such street upon such terms and conditions not inconsistent with subsection 126(1)(a) and 126(1)(b) as the Council may in any case impose. 126. (1) Any person who commences any work pursuant to permission granted under section 125(4) shall— (a) conform to the requirements as to— (i) dispatch in the execution of such work; and (ii) the reinstatement of any street; and (b) be liable for the cost of remedying deterioration of or subsidence in any street reinstated, as if he were an undertaker within the meaning of section 65 of the Highways Act. (2) A person referred to in subsection (1) shall comply with any terms and conditions imposed by the Council. (3) A person who fails to comply with any requirement of subsection (1) or (2) is (without prejudice to any other liability he thereby incurs) guilty of an offence and liable on summary conviction to a fine of five hundred dollars for each day that the offence continues after he was given written notice thereof by the Engineer or his duly authorised representative. 127. (1) Any person who encroaches on any street within a Municipality— (a) by erecting any structure of any kind or any signboard; Ch. 48:01. Execution of works and restoration of streets. Ch. 48:01. Encroaching upon streets. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 Municipal Corporations Chap. 25:04 85 LAWS OF TRINIDAD AND TOBAGO L.R.O. 1/2009 Municipal Corporations Chap. 25:04 85 LAWS OF TRINIDAD AND TOBAGO (b) by planting any hedge, by erecting any fence, arch or bridge, or by digging any ditch or drain; or (c) by undertaking any works on or adjacent to such street, is liable on summary conviction to a fine of three thousand dollars. (2) The Engineer may remove every obstruction or cause any building or other encroachment referred to in subsection (1) to be removed, taken down, filled up or opened at the cost of the person who encroached. 128. A Council may demolish or remove any bridge or other structure erected or standing over the side-drains of any street within the Municipality. 129. (1) The owner of any land within a Municipality shall, whenever required by the Council, cause such land to be enclosed to the satisfaction of the Council. (2) The owner of any land within a City or Borough or within a prescribed area of any other Municipality on which houses have been erected shall, whenever required by the Council, cause the site of every such house, with the land appurtenant thereto, to be enclosed to the satisfaction of the Council. (3) Any person who fails or neglects to comply with any requisition of a Council under this section within the time therein specified is liable on conviction to a fine of one thousand dollars and to a further fine of one hundred dollars for every day during which such non-compliance continues after conviction. (4) Where the fence erected by the owner of any land in compliance with a notice served on him by a Council under this section divides the land of such owner from the land of an adjoining owner, one-half of the cost of such dividing fence shall be borne by the adjoining owner, and shall be a debt due by him to the owner on whom the notice was served by the Council and who erected the fence, and may be recovered in a summary manner by complaint before a Magistrate. Bridge over side-drains. Enclosure of land. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 86 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO 86 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO Taking over streets and widening or other improvements effected by the Council. Ch. 12. No. 4. (1950 Ed.). Fountains, statues and monuments. Council may plant, maintain or cut down trees in streets. Overhanging trees. (5) Subject to the approval of the Minister, the Council of a Municipality other than a City or Borough may by resolution declare any area, district or place to be prescribed for the purpose of subsection (2). 130. (1) A Council may with the approval or under the direction of the Minister responsible for Highways take over any existing street within the Municipality which is not repairable by the Council for the purpose of widening or effecting improvements to the drainage or surface of such street and for such purposes may also acquire compulsorily, in the manner provided by section 123 any land or building abutting on such street. (2) For the purpose of the expenses incurred by the Council in exercising the powers conferred by subsection (1), the Council may with the approval or under the direction of the Minister levy a rate within any part of the Municipality affected by such improvements to be called “The Streets Improvement Rate” in the same manner as is provided for the levying of a General Health Rate by section 171 of the Public Health Ordinance. 131. (1) A Council may authorise the erection of any fountain, statue or monument in any street or public place within the Municipality. (2) The Council may maintain or remove any fountain, statue or monument erected under subsection (1) or erected in any street or public place within the Municipality before the commencement of this Act. 132. A Council may plant or maintain trees in any street or public place vested in the Corporation and may cut down, trim, or remove any such trees, and may erect rails for the protection of any trees. 133. (1) Where any tree or bush overhangs a street within a Municipality, the Engineer may serve a notice on the owner or occupier of the lands on which such tree or bush is standing, requiring the owner or occupier to remove the over-hanging portion of the tree or bush within a time specified in the notice. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 Municipal Corporations Chap. 25:04 87 LAWS OF TRINIDAD AND TOBAGO L.R.O. 1/2009 Municipal Corporations Chap. 25:04 87 Municipal Corporations Chap. 25:04 87 LAWS OF TRINIDAD AND TOBAGO (2) Where any tree standing on lands abutting on a street within a Municipality is in the opinion of the Engineer dangerous to persons passing along the street, he may serve a notice on the owner or occupier of the lands on which the tree is standing, requiring the owner or occupier to cut down or trim the tree within a time specified in the notice. (3) Where an owner or occupier fails to comply with a notice served upon him under this section within the time therein specified, the Council or any person authorised by it in writing may cause the tree or bush to be cut down or trimmed, and, for that purpose if necessary, may enter into and upon the lands whereon such tree or bush is standing; and the expenses incurred by the Council in cutting down or trimming and removing such tree or bush may be recovered summarily from the owner or occupier on whom the notice was served. 134. (1) Subject to the provisions of the Highways Act and to section 110 of the Motor Vehicle and Road Traffic Act, a Council may make Bye-laws for all or any of the following purposes, that is to say: (a) for declaring and limiting the use by the public of any street within the Municipality both or either as to the time of such public use or as to the character of the traffic on such street. (b) for the control, management, construction and repair of streets within the Municipality and for the prevention and removal of any obstruction or projection thereon and for the prevention of the use of streets other than as a means of passage; (c) for prohibiting the use upon any street within the Municipality of any vehicle and for regulating and declaring the manner in and the conditions under which the same may be used or driven over a street; (d) generally for the purpose of carrying out the provisions of this Part and for providing for the manner in which and the persons from whom the expenses of carrying out the provisions of such Bye-laws are to be recovered. Bye-laws dealing with the use of streets. Ch. 48:01. Ch. 48:50. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 88 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO 88 Chap. 25:04 Municipal Corporations88 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO (2) There may be imposed in respect of any breach of any such Bye-laws a penalty not exceeding one thousand dollars or, in case of a continuing offence, a penalty not exceeding one hundred dollars for each day during which such offence continues after conviction thereof. (3) Bye-laws made under this section shall be subject to negative resolution of Parliament. 135. Any constable or any other person authorised by a Council may seize, detain, remove and impound any animal or vehicle being used upon any street within the Municipality in contravention of this Part or any Bye-laws made hereunder. 136. A Council may provide and maintain sanitary conveniences in any street or public place vested in the Corporation and may make reasonable charges for the use of any sanitary convenience other than a urinal so provided. 137. A Council may make Bye-laws with respect to the management of sanitary conveniences provided under section 136 and for the proper conduct of persons using such conveniences. 138. A Council shall name or rename streets for which it is the Local Highway Authority and number or renumber all premises, including vacant lots, within the Municipality. 139. The Council shall cause street-name signs to be placed and maintained at appropriate locations throughout the Municipality and shall cause relevant number plates to be affixed to all premises. 140. (1) A Council shall, as soon as possible after naming or renaming any street or numbering or renumbering any premises, cause to be published in the Gazette and in at least one daily newspaper circulating in the Municipality, notice of the resolution relating to the naming of such street, and the number of such premises, and shall cause one sealed copy of every such resolution to be deposited in the offices of the Registrar of the Supreme Court, the Minister and its Chief Executive Officer. Seizing animal or vehicle on streets. Sanitary conveniences. Bye-laws regarding sanitary conveniences. Naming of streets and numbering of houses. Streets names, and buildings numbers to be displayed. Publication of resolution relating to naming or numbering. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 Municipal Corporations Chap. 25:04 89 LAWS OF TRINIDAD AND TOBAGO L.R.O. 1/2009 Municipal Corporations Chap. 25:04 89 (2) In any Court of law and for all purposes, the production of any one of such sealed copies or of a copy of the Gazette containing the notice of such resolution shall be conclusive evidence that the name or number of any street, or premises was altered as specified in such resolution and the several premises therein mentioned shall be entered in the House Rate Book by the numbers and names specified in the resolution as the proper numbers and names by which to identify the same after the naming, renaming, numbering or renumbering, as the case may be. 141. (1) Every person who destroys, pulls down or defaces any number plate or any street nameplate put up by the Council or puts up any number plate or street nameplate put up by the Council is liable to a fine of five hundred dollars. (2) The Council may remove any such number plate or nameplate substituted for the one put up by it. 142. (1) Where any person authorised by any written law to erect any posts or poles on any street vested in or under the control of a Corporation intends to erect any posts or poles in any such street, such person shall make application in writing to the Council stating the circumstances which require the erection of the posts or poles, the purpose for which they are intended and specifying the name of the street and the particular part thereof in which the posts or poles are to be erected and the day on which the work is proposed to be commenced not being less than fourteen days from the date of the application. (2) A person referred to in subsection (1) shall not erect any post or pole except with the written consent of the Council and every post or pole shall be erected at such particular part or place in the street as the Engineer may approve. (3) Where consent is refused or withheld, an appeal shall lie within ten days of the refusal to the Chief Technical Officer (Works) and a copy of the appeal shall be delivered to the Corporation. (4) The Chief Technical Officer (Works) may make such order in the matter as to him may seem just, and his decision shall be final and binding on all parties. Penalty for removing or defacing number or nameplates. Application to erect poles. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 90 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO 90 Chap. 25:04 Municipal Corporations 143. A person who erects any post or pole in any street in a Municipality: (a) without the prior consent of the Council; (b) in any place in such street not approved by the Engineer, is liable on summary conviction to a fine of one thousand dollars, and to a further fine of one hundred dollars for each day during which any such post or pole is left standing after conviction. 144. (1) Where, in the opinion of a Council, it is necessary or expedient in the public interest or for any purpose that any post or pole erected in any street in the Municipality should be removed from its location, the Council may give notice to that effect to the person by whom such post or pole was erected. (2) Notice under subsection (1) may require that such post or pole be removed within a fixed time specified in the notice, not being less than seven days from the day of the service of the notice. (3) A person who fails to comply with a notice is liable on conviction to a fine of five hundred dollars and to a further fine of fifty dollars for each day after conviction that the post or pole so required to be removed remains standing. 145. A person who impedes the free flow of water in— (a) any ditch, drain or water course in or adjoining any street within a Municipality; (b) any ditch, drain or water course on any land into or through which water from any such street flows or any ditch, drain or water course under any such street, is guilty of an offence and liable to a fine of one thousand dollars and to a further fine of one hundred dollars for each day the offence continues after conviction. 146. (1) Where any footway in a Municipality is not in the opinion of the Council properly paved the Council may pave the footway with such materials and in such manner as it thinks fit Erecting pole without previous consent of Council. Council may order removal of poles. Obstruction of drains. Council may pave or repave footway. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 Municipal Corporations Chap. 25:04 91 LAWS OF TRINIDAD AND TOBAGO L.R.O. 1/2009 Municipal Corporations Chap. 25:04 91 and one-half of the expenses incurred by the Council in executing such paving or repaving work shall be paid by the owners of the premises abutting on such footway according to the frontage of their respective premises and in such proportion as shall be settled by the Engineer and approved by the Council. (2) Where an owner of premises abutting on the footway fails to pay his apportioned share of the expenses the unpaid expenses shall be a charge on his premises. (3) Once a footway has been paved under this section, the owner or occupier of the premises abutting on such footway shall not be again chargeable with any other repavement thereof. 147. (1) Before commencing any work under section 146, the Engineer shall, by notice addressed to the respective owners or occupiers of the premises abutting on a footway which the Council intends to pave, notify them of the Council’s intention. (2) The Engineer shall prepare an estimate of the cost of the paving and such estimate shall be kept in his office open at all reasonable hours of the day, during the period specified in the notice referred to in subsection (1), for the inspection of all persons interested. (3) When the paving works contained in the estimate of the Engineer have been completed and the expenses thereof ascertained, the Engineer shall prepare a statement of the total cost of the paving work so completed, and shall make an apportionment of one-half of such expenses among the premises liable to be charged therewith under this Act. (4) The statement and apportionment shall be submitted to the Council for approval with or without modification or addition, and the statement and apportionment when so approved, shall be conclusive and binding on all parties and the sum appearing in the apportionment as payable by the owners of each of the premises mentioned as abutting on the footway included in such statement and apportionment shall be payable by each such owner in three Engineer to notify owner of intention to pave. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 92 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO 92 Chap. 25:04 Municipal Corporations equal yearly instalments, the first of such instalment to be paid one year from the date of the service on such owner of the notice of such apportionment together with interest at a rate not exceeding ten per cent per annum until the whole apportioned sum is paid. (5) Any instalment together with interest thereon or any part thereof, may, without prejudice to the power of sale conferred by the Rates and Charges Recovery Act, be recovered by action in any Court of competent jurisdiction from the present or any future owner or from any tenant or occupier for the time being of such premises. (6) Any tenant or occupier paying any such instalment and interest may deduct the amount so paid by him from the rent payable by him in respect of such premises or recover the same from the owner as money paid at the request of the owner. (7) The notice of apportionment to be served on the owner under this section shall be in the form set out in the Seventh Schedule. 148. Subject to the Land Acquisition Act, a Council, in order to secure a regular line and satisfactory width and level for the footway in any street in a Municipality, may, after notice to the owner of the premises fronting, adjoining or abutting on such street, alter the line of the footway, cut down, reduce, or level up any portion thereof, widen or lessen such footway, and carry out such other operations as may be necessary or desirable for the improvement of the footway except that when any such other operations necessitate the removal of any wall or other structure on the premises of any such owner or cause any damage thereto, the Council shall make good and repair all damages caused by such operations. 149. Every person desirous of having an entrance for vehicles across any footway so as to afford access to any land from a street repairable by a Corporation shall give notice in writing of such desire to the council and, where the provision of such an entrance will not derogate from any condition or other requirement imposed under the Town and Country Planning Act with respect to development of Ch. 74:03. Seventh Schedule. Power to alter line of and widen or lessen footway. Ch. 58:01. Crossings for vehicles over footways. Ch. 35:01. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 Municipal Corporations Chap. 25:04 93 LAWS OF TRINIDAD AND TOBAGO L.R.O. 1/2009 Municipal Corporations Chap. 25:04 93 such land, and the Council is satisfied of the necessity of such an entrance, and the person deposits with the Council the estimated cost of the work, the Council shall in accordance with section 66(7) of the Highways Act provide such entrance. 150. (1) No person may display on, or along any building within a Municipality any sign except at the height of not less than three metres from the footway abutting the building, and in such a manner that the sign does not project more than thirty centimetres over such footway measured at right-angles to the front wall of the building. (2) No person may display on, or along the balcony, verandah, hood or roof of any building within a Municipality any sign except under a licence from the Council. (3) In granting a licence under this section, the Council may, subject to any Regulations made under section 21 of the Town and Country Planning Act and to any relevant standard under the Standards Act prescribe the dimensions and location of any sign and the measures to be taken by the licensee for maintaining the sign in good order and condition and securely fixed, and appropriate arrangements for ensuring removal of the sign upon expiry of the licence. 151. A licence granted by a Council under section 150 to display a sign shall become void if— (a) any addition is made to any sign other than in accordance with the direction of the Engineer for the purpose of making it more secure; (b) any change is made in the sign; (c) the sign or any part thereof falls either through accident, decay or any other cause; (d) any addition or alteration is made to the building on, over or to which any sign is placed or attached, if such addition or alteration involves the disturbance of the sign; or (e) the building over, on or to which the sign is placed or attached becomes unoccupied. Ch. 48:01. Certain signs prohibited. Ch. 35:01. Ch. 82:03. When licence to be void. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 94 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO 94 Chap. 25:04 Municipal Corporations 152. No person may hang or allow to project over any carriageway within a Municipality any blind, shade or awning. 153. (1) No person may hang or allow awnings to project over any footway within a Municipality any blind, shade or awning at a height less than three metres from such footway or use any blind, shade or awning for purposes of advertisement. (2) Nothing in subsection (1) shall be construed as precluding any person in occupation of the building to which any blind, shade, or awning is hung or fixed from having his name and address or the name of his firm, and the name of the trade or business carried on in such premises, printed or painted on such blind, shade or awning, but such person shall observe any restrictions or limitations as to number, size, location and lettering of signs contained in any applicable Regulations made under section 21 of the Town and Country Planning Act. 154. (1) No person may write, paint, stencil or otherwise mark or cause to be written, painted, stencilled or otherwise marked any advertisement or other matter or thing on any street within a Municipality. (2) Subsection (1) does not apply to any person while discharging a duty imposed on him by any written law. 155. No person may fix or expose any merchandise in such a manner that it projects or hangs over any part of a street within a Municipality. 156. (1) Where any sign, blind, shade or awning is displayed, erected or retained contrary to the provisions of section 150, 152 or 153 or after the licence for the display, erection, maintenance or retention thereof has expired or become void, the Council may cause the sign, blind, shade or awning to be removed and taken away after giving twenty-four hours notice in writing to the licensee or to the owner or occupier of the premises of its intention to do so, and the expenses incidental to such removal, if unpaid, shall be recovered in a summary manner as a fine in addition to the penalty incurred for contravening sections 150, 152 and 153. Awnings. Length of awnings. Ch. 35:01. No advertisement on footways. Hanging goods over footways. Signs, awnings, etc., contrary to the Act may be removed. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 Municipal Corporations Chap. 25:04 95 LAWS OF TRINIDAD AND TOBAGO L.R.O. 1/2009 Municipal Corporations Chap. 25:04 95 (2) The expenses incidental to the removal of any matter mentioned in section 154 from any street shall be recovered in a summary manner as a fine in addition to the penalty incurred for contravening the provisions of that section. (3) Subject to any condition imposed by a Council upon the granting of a licence under section 150, for the purpose of subsection (1)— (a) a sign displayed in a street or other public place within a Municipality after the licence issued in connection therewith has expired or become void is deemed to be retained by the licensee; (b) a sign displayed elsewhere than in a street or other public place within the Municipality after the licence issued in connection therewith has expired or become void is deemed to be retained by the occupier of the relevant premises; but where the premises are vacant, the sign is deemed to be retained by the owner of the premises. 157. A person who contravenes any of sections 150 or 152 to 155 is liable on conviction to a fine of five hundred dollars, and to a further fine of fifty dollars for every day during which the offence continues after conviction. 158. (1) Every addition to or alteration of any building within a Municipality, and any other work made or done for any purpose in or upon any such building, shall, so far as regards such alterations or additions, or such other work, be subject to the provisions of the Town and Country Planning Act, to the provisions of this Part and of the Building Regulations and of any other written law applicable to such Municipality. (2) A person who without the required consent makes such alterations to a building with the result that the building is not in conformity with the requirements of the Town and Country Planning Act or this Act or the Building Regulations is, in addition to any other liability he incurs, guilty of an offence and liable to a Penalty. Additions to, and alterations of, buildings. Ch. 35:01. Ch. 35:01. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 96 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO 96 Chap. 25:04 Municipal Corporations fine of one thousand five hundred dollars and to a further fine of one hundred and fifty dollars for each day that the offence continues after written notice thereof. 159. A new building shall not be constructed within a Municipality otherwise than in accordance with the provision of the Town and Country Planning Act and the Building Regulations. 160. (1) The written laws mentioned in the Eighth Schedule shall continue to have effect on the coming into operation of this Act and might be revoked or amended as provided in subsection (2). (2) The Minister may by Regulations, revoke or otherwise amend the Eighth Schedule. (3) Regulations made under this section may provide for a fine of five thousand dollars for any breach thereof and may also provide a penalty of five hundred dollars for every day during which such breach continues after conviction. 161. (1) No person shall occupy or suffer to be occupied except by caretakers not exceeding two in number any new building within a Municipality unless the Engineer certifies in writing that the building complies in every respect with the provisions of this Part. (2) A person who contravenes the provisions of this section is guilty of an offence and liable to a fine of one thousand dollars and a further fine of one hundred dollars for each day during which such offence continues after due notice thereof from the Engineer. 162. (1) Where any person commences to do any work in contravention of the provisions of this Act or of the Building Regulations or of the Town and Country Planning Act or any other written law, the Engineer may serve a written notice on the owner of the premises on which such work is being done, or on the builder, or on both such owner and builder specifying the contraventions and requiring him or them forthwith to cause such work to be discontinued. New building to conform to Regulations. Ch. 35:01. Continuation of existing Building Regulations. Eighth Schedule. Eighth Schedule. Certificate of compliance with Building Regulations. Power of Engineer to order discontinuance of building operations. Ch. 35:01. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 Municipal Corporations Chap. 25:04 97 LAWS OF TRINIDAD AND TOBAGO L.R.O. 1/2009 Municipal Corporations Chap. 25:04 97 (2) Every owner or builder who, after service of such notice upon him, continues or permits such work, is liable to a fine of one thousand dollars for every day during which he so continues or permits such work, as the case may be. (3) Where any owner or builder considers himself aggrieved by any such notice of the Engineer under this section, such person may, within seven days after the service of such notice, appeal to the Chief Technical Officer (Works) on the matters concerning the merits of the notice to discontinue or may within the same period appeal to the High Court on any issue of law. (4) The Chief Technical Officer (Works) shall give reasons for his decision and may in writing— (a) withdraw the notice to discontinue; (b) vary the notice to discontinue; or (c) dismiss the appeal. (5) On the hearing of the matter by the High Court, the Court may— (a) dismiss the appeal; (b) set aside the notice to discontinue; or (c) remit the matter to the Engineer to be dealt with according to law. 163. (1) Where any building or other structure is commenced or completed within a Municipality or any work is done in contravention of any of the provisions of this Part or of any Building Regulations of the Council or of the requirements of the Town and Country Planning Act or any other written law, the Council may serve on the owner or builder of the building, structure or work a written notice specifying the contraventions and requiring such owner and builder— (a) on or before a day to be specified in the notice, by a statement in writing, to show cause why such building or other structure or such work should not be removed, altered or pulled down; or Council may remove or pull down works executed in contravention of Act or Regulations. Ch. 35:01. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 98 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO 98 Chap. 25:04 Municipal Corporations (b) on such day and at such time and place as shall be specified in the notice to attend personally or by an agent duly authorised in writing in that behalf before the Council and show sufficient cause why such building or structure should not be removed, altered or pulled down. (2) When an owner or builder upon whom a notice was served under subsection (1) fails to show sufficient cause why the building or other structure or work which is the subject of the notice should not be removed, altered, or pulled down, the Council may remove, alter or pull down the building or other structure or work. (3) Subject to section 182, the expenses incurred by the Council in removing, altering or pulling down a building or other structure or work under this section shall be a joint debt due to the Corporation by the owner and builder and, until payment, shall be a charge on the premises on which the building or other structure was commenced or completed, or the work executed. (4) The power conferred by this section is in addition and without prejudice to any other remedy provided by this Part or by any written law providing for the recovery of any penalties for breach of any Building Regulations. 164. (1) No person may pull down or remove from its site any building within any Municipality unless, not more than fourteen days and not less than two days before such removal, he gives notice in writing to the Chief Executive Officer of his intention to pull down or remove such building. (2) The notice to be given under this section shall be in the form set out as Form A in the Ninth Schedule. (3) Any person who pulls down or removes any building from its site, and any owner of any such building who causes or permits any building to be removed from its site without having first given the notice prescribed by this section is liable to a fine of four thousand dollars. Power conferred by this section to be in addition to any other remedy. No building to be removed except after notice to the Corporation. Form A. Ninth Schedule. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 Municipal Corporations Chap. 25:04 99 LAWS OF TRINIDAD AND TOBAGO L.R.O. 1/2009 Municipal Corporations Chap. 25:04 99 (4) Every such building pulled down or removed in contravention of this section shall, until the contrary is proved, be presumed to have been pulled down or removed by the owner thereof. 165. (1) The owner of land from which any building within a Municipality is pulled down or removed shall, within seven days after such pulling down or removal, notify the Chief Executive Officer thereof. (2) The notice to be given by such owner shall be in the form set out as Form B in the Ninth Schedule. (3) Every owner of land who fails to give such notice within the time prescribed by this section is liable to a fine of one thousand dollars. (4) This section and sections 163 and 164 do not apply to any Municipality not being a City or Borough except in any area defined by resolution of the Council and approved by the Minister. 166. (1) No person may remove any building within a Municipality from its site unless and until all rates and charges due to the Corporation in respect of the rateable hereditament of which such building forms part are paid. (2) Every person who contravenes the provisions of this section is liable to a fine of one thousand dollars. (3) Where a building referred to in subsection (1) is re erected on some other site, the Council shall in assessing the building for the current house rate year take into account the rates paid by the owner of such building before its removal from its original site. 167. (1) A Council may by notice in writing to any person who has deposited plans or sections of any buildings or other structures pursuant to this Part or to any Building Regulations declare the deposit of such plans or sections to be of no effect if the work to which the plans or sections relate is not commenced within two years from the date of deposit of such plans or sections and actively carried out thereafter. Owner of vacant land to notify Chief Executive Officer of removal of house therefrom. Form B. Ninth Schedule. Payments of rates before removal of house. Plans deposited to be of no effect if building is not commenced within two years. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 100 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO 100 Chap. 25:04 Municipal Corporations (2) A Council shall attach a notice of the provisions of this section to its approval of every such intended work in relation to which plans and sections have been deposited. 168. Any person who in any Municipality— (a) erects or alters any building without having the plans thereof approved by the Council; (b) erects or alters any building or alters any building in any wise contrary to the plans and sections which have been approved by the Council; or (c) otherwise offends against any of the provisions of this Part or of any Regulations made hereunder if no penalty is elsewhere prescribed, is liable for each offence to a fine of one thousand dollars and, in the case of a continuing offence, to a further fine of one hundred dollars for every day during which such offence continues after notice thereof from the Council. 169. No building may be constructed within a Municipality over any drain, ravine or storm-water channel, unless specifically agreed to by the Council and upon such conditions as the Council may consider necessary to impose. 170. (1) No public building within a Municipality may be occupied as such unless and until the Engineer, by notice in writing addressed to the owner, declares his approval of the construction of the building and of its adequacy and adaptability for the purpose for which it is permitted to be used. (2) After the Engineer gives his approval, no work affecting or likely to affect the building in its structural aspects may be done to, in, or on such building without the approval of the Engineer. 171. Where permission is granted under the Town and Country Planning Act to convert or alter any building within a Municipality erected for a purpose other than a public purpose into a public building, the conversion or alteration shall be carried out, and such building shall be constructed in the manner approved by the Penalty for breach of Regulations with respect to new buildings. Building over drain. Public buildings not to be used until approved. Conversion into a public building of building erected for other purposes. Ch. 35:01. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 Municipal Corporations Chap. 25:04 101 LAWS OF TRINIDAD AND TOBAGO L.R.O. 1/2009 Municipal Corporations Chap. 25:04 101 Engineer and provisions of this Part and of any other written law applicable to public buildings shall apply to the alteration or construction as if it were the construction of a public building. 172. (1) Where it appears to a Council that any building in a Municipality used as a public building is not so constructed or maintained as to afford necessary protection to all persons who may resort thereto, the Council may, by notice in writing, require the owner of the building to make such alterations to the building as the Engineer may approve within the time specified in the notice. (2) An owner who fails to comply with the requirements of the notice referred to in subsection (1) within the specified time is guilty of an offence and liable on summary conviction to a fine of five thousand dollars and to a further fine of five hundred dollars for each day that the offence continues after conviction. (3) The Council may, in lieu of a notice referred to in subsection (1) or concurrently with such notice or at any time after service of such notice and without prejudice to the recovery of penalties for non-compliance, by notice in writing served upon the owner of a building, require the owner on or before the date specified in the notice, by statement in writing under his hand addressed to the Corporation, to show cause why the building should not cease to be used as a public building or require the owner on such date and at such time and place as may be specified in the notice to attend personally, or by an agent duly authorised in writing in that behalf, before the Council and show sufficient cause why the building should not cease to be used as a public building. (4) Where an owner fails to show sufficient cause why a building should not cease to be used as a public building, the Council may, by notice addressed to him prohibit the use of the building as a public building. (5) An owner who after notice prohibiting use of the building as a public building under this section uses or permits use of the building referred to in the notice as a public building, is liable on summary conviction to a fine of five thousand dollars for every day during which he uses or permits the building to be used as a public building. Council may require alterations necessary for safety of public. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 102 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO 102 Chap. 25:04 Municipal Corporations (6) For the purposes of this section, “owner” includes an occupier and any person having or appearing to have the charge, management or control of any building or the part of any land or premises used as a public building. 173. (1) No person may within any Municipality put up any verandah, balcony, sunshade, weather frame or any other similar projection so as to project over the footway of any street, except with the permission of and subject to such terms and conditions as may be prescribed by the Council. (2) Where permission is given under subsection (1), the verandah, balcony, sunshade, weather frame or similar projection shall not be supported on pillars resting on the footway. 174. No person may within a Municipality make any door, window, or gate in such manner as to open over a public thoroughfare, nor to project any door-step or landing into or across any public footpath, nor to extend or affix any sunshade, signboard, lamp, grating, gutter, or other unauthorised projection on any building in such manner as may cause obstruction, danger or annoyance in any street or to persons passing along any street, or so as to cause encroachment on or over any street save that— (a) in the case of theatres and other public buildings, doors may, with the consent of a Council, be made to open outwards over a public thoroughfare; and (b) with respect to all buildings, the mouldings, cornices or other architectural embellishment eaves, and gutters may project over a street to an extent not exceeding four hundred and fifty-five millimetres. 175. Where any structure abutting on any street within a Municipality is in the opinion of the Engineer dangerous to persons using the street, he shall give notice in writing to the owner of such structure requiring him forthwith to demolish or repair the same, as the case may require, within such time as may be specified in the notice. Verandahs projecting over streets. Door not to open over public thoroughfare. Dangerous building notice to owner. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 Municipal Corporations Chap. 25:04 103 LAWS OF TRINIDAD AND TOBAGO L.R.O. 1/2009 Municipal Corporations Chap. 25:04 103 176. Where any structure in a Municipality is in the opinion of the Engineer ruinous or so dilapidated as to be unfit for use or occupation, or to be from any cause in a structural condition dangerous or prejudicial to property in, or to the inhabitants of, the neighbourhood, he may give notice in writing to the owner of such structure requiring him to demolish, secure, repair or rebuild the same or any part thereof or to fence-in the ground on which such structure stands, or otherwise to put the same in a state of good repair, as the case may require, to the satisfaction of the Engineer within the time specified in the notice. 177. Where it is brought to the knowledge of a Council that any internal part of a building in the Municipality is in a state dangerous or prejudicial to the occupier thereof, or of any neighbouring building, the Council shall cause the same to be surveyed and examined by the Engineer and if, as a result of the survey and examination, the Engineer is satisfied that the structure is in a state dangerous or prejudicial to the occupier or of any neighbouring building, he shall serve a notice in writing on the owner thereof requiring him to have the same shored up, demolished, secured, repaired or rebuilt, as the case may require, to the satisfaction of the Engineer within such time as may be specified in the notice. 178. Where the owner fails to comply with the requirements of a notice served on him under any of section 175, 176 or 177, within the time specified in the notice, the Council or any person authorised by it in writing may make complaint of the non compliance before a Magistrate who may by order require the owner to comply with the requirements of such notice within a time specified by him in the order. 179. Where an order under section 178 is not complied with within the time specified therein, the person against whom such order is made is liable to a fine of three thousand dollars and to a further fine of two hundred dollars for every day during the continuance of such non-compliance, and the Council may, without prejudice to their right to recover such penalties, enter upon the structure or on the ground upon which it stands and execute the order. Ruinous or dilapidated structure to be demolished or repaired. Structure dangerous or prejudicial to occupier to be demolished or repaired. Failure to comply with notice. Penalty. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 104 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO 104 Chap. 25:04 Municipal Corporations 180. Where an order directs the demolition of a neglected structure or any part thereof, the Council in executing the order may remove the materials to a convenient place and, unless the expenses incurred by the Council under this section in respect of the structure are paid to them within fourteen days after such removal, sell the same or any part thereof as and if they in their discretion think fit. 181. (1) All expenses incurred by a Corporation under section 180 in relation to a structure may be deducted by the Council out of the proceeds of sale of the structure and the surplus, if any, less reasonable legal costs may be paid into the Supreme Court to an account designated by a reference to the name of the Corporation, the premises from which the materials sold were taken, and this Act. (2) The High Court or any Judge thereof may, on the petition of any person entitled or claiming to be entitled to such moneys or any part thereof, make an order for the payment of the moneys or any part thereof to the person or persons entitled thereto. 182. Where a structure or any part thereof is not demolished, and the materials are not sold by the Council, or where the proceeds of sale are insufficient to defray the expenses incurred by the Council under section 180 in respect of the structure, the Council may recover the expenses together with costs from the owner of such structure in a summary manner, but without prejudice to his right to recover the same from any lessee or other person liable for the expenses of repairs. 183. (1) Except with the permission of the Engineer who may grant permission upon a written application and upon such terms and conditions as he considers necessary to provide for the safety and convenience of pedestrians and of the occupiers of adjoining premises, no footway or thoroughfare within a Municipality shall, during any building operations or otherwise, be occupied by any hoarding or scaffolding or by any building materials. Sale of structure or part thereof. Expenses to be paid from proceeds of sale. Expenses may be recovered from owners. Hoardings, etc., not allowed on footway or street, except by permission of Engineer. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 Municipal Corporations Chap. 25:04 105 LAWS OF TRINIDAD AND TOBAGO L.R.O. 1/2009 Municipal Corporations Chap. 25:04 105 (2) Where permission is granted pursuant to subsection (1) the person who obtains such permission shall comply with the requirements of section 62(2) of the Highways Act, and the side drains shall not be obstructed by the hoarding or by any building materials or any building debris. 184. (1) The owner as well as the builder shall each be liable for any act done or omitted to be done in contravention of any of the provisions of this Act or any Building Regulations. (2) The provisions of subsection (1) shall not prejudice any remedy of an owner or other person against the builder. 185. A notice or order under this Part or under any Building Regulations shall be sufficiently authenticated if signed by the Engineer for the Municipality in which the building or other structure that is the subject of the notice or order is situated, or by any officer duly authorised in that behalf by the Council. 186. All notices served by the Council or the Engineer on the builder shall be as valid and binding against the owner by whom such builder is employed as if such notice had been served on the owner. PART vIII mARkeTS AND SLAuGhTeRhOuSeS 187. (1) In this Part— “agricultural products” means every kind of vegetable growth that is used as food by man or for the purpose of keeping or preparing any livestock for the use of man; “animal” means ox, calf, pig, sheep and goat; “cold stores” means any premises or place used for keeping and preserving by a refrigeration process any agricultural products or livestock products; “drugs” includes any substance manufactured, sold or represented for use in— (a) the diagnosis, treatment, mitigation or prevention of disease, disorder, abnormal physical state or the symptoms thereof in man or animal; or Ch. 48:01. Owner as well as builder liable for contravention of Act or Regulations. Authentication of notice. Notice served on builder. Interpretation. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 106 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO 106 Chap. 25:04 Municipal Corporations (b) restoring, correcting or modifying organic functions in man or animal; “fresh meat” includes meat of any cattle, sheep, goat, pig, poultry or game slaughtered for human consumption whether locally produced or imported into Trinidad and Tobago; “livestock products” means fresh or frozen meat, fish or poultry, including live poultry, eggs and every kind of dairy product (including milk, cream and butter) and honey and beeswax; “market administrator” means the clerk or other person appointed to manage any public market or any other person for the time being acting as market administrator or performing the duties of such market administrator under the authority of the Council; “marketable commodities” means agricultural products, livestock products, drugs and all goods, wares and merchandise; “public market” means— (a) any place appointed a public market by the Council for the sale of marketable commodities. (b) any place to which section 188 applies, and includes all buildings, sheds, covered and open spaces and grounds comprised within any such place. (2) This Part does not apply to a Municipality which is not a City or Borough except insofar as operation of the provisions of this Part is extended to any such Municipality by Order of the President. 188. Any place lawfully established as a public market within a Municipality at the commencement of this Act is hereby declared to be a public market within the meaning of this Act and market may be held there on such days and during such hours as, at the time of the passing of this Act, have been fixed for the purpose, or on such days and during such hours as the Council may from time to time fix by Bye-laws. 189. (1) Subject to the provisions of the Town and Country Planning Act, the Council may, with the consent of the President, appoint any place within the Municipality to be a public market and construct market houses or other conveniences in connection therewith. Existing markets. Appointing places as markets. Ch. 35:01. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 Municipal Corporations Chap. 25:04 107 LAWS OF TRINIDAD AND TOBAGO L.R.O. 1/2009 Municipal Corporations Chap. 25:04 107 (2) For all or any of the purposes of this section and also for the purpose of enlarging or improving any public market, a council may, subject to the provisions of the Town and Country Planning Act set apart and appropriate any land belonging to the corporation which it considers suitable for any of such purposes and lease or, in accordance with the Land Acquisition Act, acquire any land which it considers necessary for any such purpose. 190. (1) Before any public market within a Municipality is opened for public use, the Council shall give not less than seven days’ notice of the time when the same will be opened, and such notice shall be given by the publication thereof in the Gazette and also in at least one newspaper circulating within the Municipality. (2) The Council may appoint the days and fix the hours during which such markets shall be open for business, and also determine the commodities which may be sold or exposed for sale therein. 191. The Council may, at any time, discontinue the use of any public market or any part thereof as such and, with the consent of the President, may sell or dispose of the same or any part thereof, or, subject to the Town and Country Planning Act, may use and convert the same or any part thereof for any other purpose. 192. The Commission may appoint a Market Administrator of a Corporation and such other officers and employees including Inspectors of meat and other articles of foods as may be necessary. 193. (1) An Inspector appointed under section 192 may inspect any marketable commodities found within a Municipality in any market or licensed shop or premises, or sold or offered, or exposed for sale elsewhere under any licence granted under this Part; and, for that purpose, he may enter any such shop or premises with proper assistants and, if in his opinion, any such marketable commodities are unfit for food, cause the same to be removed and destroyed. Ch. 35:01. Ch. 58:01. Notice of opening of new market. Fixing market hours and goods to be sold. Power to close markets. Ch. 35:01. Appointment of Market Administrator and other servants. Inspection for detecting unsound marketable commodities. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 108 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO 108 Chap. 25:04 Municipal Corporations (2) Any person who— (a) assaults, resists or obstructs a Market Administrator or other person authorised by the Council to receive any stallages, rents, dues, tolls and charges payable in respect of a public market, or any person employed to superintend such market or keep order therein, whilst in the execution of his duty; (b) prevents any Inspector or any assistant of such Inspector from entering any shop or other premises, or from making such inspection as is proper; or (c) prevents the removal of any marketable commodities which in the opinion of the Inspector are unfit for food, is liable on summary conviction to a fine of one thousand dollars. 194. (1) The Council may collect from every person occupying or using any stall, stand, table, shed or place in a public market, or bringing into any such market any marketable commodities or any other article or thing which the Council permits to be sold therein, or using any weighing instrument kept in such market, such stallages, rents, dues, tolls and charges as the Council may from time to time fix by Bye-laws made under this Part. (2) The several stallages, rents, dues, tolls and charges payable in respect of any market shall be paid at such times and in such manner as the Council may prescribe to the Market Administrator or any other person authorised by the Council to receive them. (3) Where any person liable for the payment of any stallage, rent, due, toll or charge does not pay the same when required to do so by the Market Administrator or other duly authorised person, the Market Administrator or other person so authorised may recover the same by seizure and immediate sale of a sufficient part of any marketable commodities in the public market which belong to such person; or such stallage, rent, due toll or charge may be recovered as a debt to the Council in any Court of competent jurisdiction. Market dues. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 Municipal Corporations Chap. 25:04 109 LAWS OF TRINIDAD AND TOBAGO L.R.O. 1/2009 Municipal Corporations Chap. 25:04 109 195. All stallages, rents, tolls and charges payable immediately prior to the commencement of this Act in respect of any of the existing public markets shall continue in force and be payable in respect of such markets as if such stallages, rents, tolls and charges had been fixed under this Act. 196. (1) A Council may make Bye-laws for all or any of the following purposes: (a) for regulating the use of public markets within the Municipality and directing the manner of occupying and using the stalls, stands, tables, sheds and places therein; (b) for prescribing the conditions subject to which the stalls, stands, tables, sheds and places shall be held, occupied or used by the persons hiring or using the same, and for imposing on such persons such duties as the Council considers necessary for ensuring that the stalls, stands, tables, sheds and places occupied by them and all blocks, axes, saws and other implements or instruments and all scales used by them are properly cleaned and kept clean; (c) for regulating the use of weighing instruments belonging to the Corporation and used in such markets, and preventing the use of false or defective weights, scales or instruments by any person selling in any such market; (d) for restricting the sale or display of certain classes or kinds of marketable commodities to designated areas in any public market or prohibiting the introduction of such marketable commodities to any such market; (e) for preventing nuisances or obstructions in any such market or in the immediate approaches thereof; (f) for maintaining order and prohibiting any disorderly behaviour; Existing tolls, etc., to continue to be payable. Bye-laws. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 110 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO 110 Chap. 25:04 Municipal Corporations (g) for excluding and removing from any such market, persons suffering from any infectious or contagious disease; (h) for prescribing measures to be taken by vendors of marketable commodities in any such market to protect such commodities from contamination by flies and dust or otherwise; (i) for prohibiting, restricting or controlling the introduction of fresh meat for sale in the Municipality; (j) generally, for the good government of such markets and for the carrying into effect of the provisions of this Part. (2) All Bye-laws made by a Council under this section shall be printed, and a copy thereof exhibited in a conspicuous part of every public market to which such Bye-laws apply. The Bye-laws shall also be published in the Gazette and in one newspaper circulating within the Municipality. 197. (1) No person may hold market for the sale of fresh meat, fish or other marketable commodities in any place within a City or Borough not being a public market under this Act. (2) For the purposes of this section, an owner or occupier of any place or premises within a City or Borough who permits or allows two or more persons to attend at any time to sell at such place or premises is deemed to be holding a market. (3) Any person who attends a market referred to in subsection (1) and sells at the same is liable to a fine of two hundred dollars for every such offence. (4) Any person who contravenes the provisions of subsection (1) is guilty of an offence and liable on conviction to a fine of two thousand dollars for each day on which the offence continues after conviction thereof. 198. (1) No person, whether owner of the fresh meat or fresh fish or not, shall ply or act as a vendor of fresh meat or fresh fish at Bye-laws to be exhibited in market and published. Markets only in specified areas. Licence to salesman of meat or fish. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 Municipal Corporations Chap. 25:04 111 LAWS OF TRINIDAD AND TOBAGO L.R.O. 1/2009 Municipal Corporations Chap. 25:04 111 any stall, table or place in any public market without having first obtained a licence for the purpose from the Council. (2) Every person who contravenes this section is liable to a fine of two hundred dollars for each day on which he so contravenes. 199. (1) No person may sell or offer for sale any fresh or frozen meat or fish within a City or Borough except in a public market or in a shop, store or warehouse licensed for such sale by the Council of the Corporation. (2) Within any City or Borough, no person may sell or offer for sale any marketable commodity not being fresh or frozen meat or fish except in a public market or under and in accordance with the terms of a licence in that behalf granted by the Council. (3) Any person who contravenes subsection (1) is liable to a fine of two thousand dollars. (4) Any person who contravenes subsection (2) is liable to a fine of one thousand dollars. (5) Every Council of a City or Borough shall keep posted in a conspicuous place on the grounds or building of every public market a copy in legible letters of subsections (1), (2), (3) and (4). 200. (1) In any Municipality, not being a Borough or City, no person may sell or offer for sale any fresh or frozen meat, fish, poultry or agricultural products in any place within a radius of one and a half kilometres of any public market, or a shop, store or warehouse established or operated for the sale of such commodities and licensed for such sale by the Council of the Corporation. (2) Any person who contravenes subsection (1) is liable to a fine of one thousand dollars. (3) The Council of a Corporation other than a City or a Borough shall keep posted in a conspicuous place on the market grounds or buildings a copy in legible letters of subsections (1) and (2). Meat and fish to be sold only in public market or licensed shop, etc. Prohibition of sale of marketable commodities not being fish or meat. Penalty for breach of subsection (1). Penalty for breach of subsection (2). In Regional Municipalities commodities to be sold in public markets or licensed shops, etc. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 112 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO 112 Chap. 25:04 Municipal Corporations 201. (1) Any licence issued by a Council under this Part shall be granted for such period and on payment of such fees and upon such terms and conditions as the Council may from time to time prescribe and shall specify the premises in respect of which it is issued. (2) Any Bye-laws made under section 196 may, so far as it is applicable, be embodied in the conditions prescribed by the Council in a licence issued under this section. (3) A Council may not issue a licence under this Part unless there has first been filed with the Council a certificate issued by the Director responsible for the administration of the Town and Country Planning Act certifying that use of the premises specified in the licence for the purpose for which the licence is granted will not contravene the requirements of the Town and Country Planning Act. 202. (1) Subject to the Town and Country Planning Act, the Council may grant a licence for the use of any premises within a Municipality as cold stores. (2) No person within a Municipality may— (a) use any premises as cold stores without having first obtained a licence for that purpose from the Council, or (b) sell fresh meat or fresh fish from such premises except under a licence granted under section 199(2). (3) Any person who contravenes any provision of subsection (2) is guilty of an offence and liable to a fine of two thousand dollars and to a further fine of two hundred dollars for each day that the offence continues after written notification thereof by the Chief Executive Officer to such person. 203. Any fresh meat or fresh fish delivered from any cold stores within a Municipality whether such delivery is made in pursuance of a contract of sale or otherwise (except meat or fish delivered at any premises licensed for the sale of meat or fish under this Part or at any public market within the Municipality) shall be deemed to be sold within the meaning of this Part. Licences generally. Ch. 35:01. Cold stores to be licensed. Ch. 35:01. Selling meat or fish. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 Municipal Corporations Chap. 25:04 113 LAWS OF TRINIDAD AND TOBAGO L.R.O. 1/2009 Municipal Corporations Chap. 25:04 113 204. The licensee of any cold stores shall pay to the Council, in respect of all fresh meat or fresh fish sold from such cold stores, tolls or dues at such rates as may from time to time be appointed by resolution of the Council, but not exceeding in any case the tolls or dues payable in respect of meat sold in the public market licensed for the sale of meat under this Part. 205. The Council may make Bye-laws for enforcing cleanliness in all cold stores within a Municipality, for fixing the hours during which fresh meat or fresh fish may be delivered therefrom, for imposing on the licensee of any cold stores the obligation of making such returns as to the quantities and description of any fresh meat or fresh fish received into such cold stores and the destination of any fresh meat or any fresh fish delivered therefrom as the Council may consider necessary for the purposes of this Part and generally for more efficiently carrying out the provisions of this Part relating to cold stores. 206. (1) No fresh fish intended for sale shall be landed on any part of the foreshore within a City or Borough except at such place or places, and upon payment of such fees, and upon such conditions as may from time to time be appointed and prescribed by the Council. (2) Notice of any landing place appointed under this section shall be published in the Gazette and in at least one newspaper circulating within the Municipality. (3) Any person who contravenes this section is liable to a fine of one thousand five hundred dollars. 207. (1) Subject to the Town and Country Planning Act, the Council may, with the approval of the President, acquire land for the erection of buildings belonging to the Corporation as public slaughterhouses for the slaughtering of animals and as soon as such buildings are ready for use, the Council shall give notice of the time the buildings will be opened and such notice shall be given by the publication thereof in the Gazette and also in at least Dues payable on meat or fish sold from licensed cold stores. Bye-laws. Landing of fish for sale. Provision of public slaughter houses. Ch. 35:01. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 114 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO 114 Chap. 25:04 Municipal Corporations one newspaper circulating in the Municipality; and subject to subsection (2), no person may within a Municipality slaughter any animal intended for human consumption elsewhere than in a public slaughterhouse provided by the Council. (2) A person of the Muslim or Hindu faith may, on a requisition signed by him, obtain a permit to be issued by the Chief Executive Officer permitting such person to slaughter animals for religious purposes, and not for sale, at premises to be named in such permit outside the public slaughterhouse. (3) No person may sell, offer or expose for sale within a Municipality the carcass or meat of any animal not slaughtered in a public slaughterhouse provided by a local authority. (4) The onus of proof as to the place where the animal was slaughtered lies on the defendant. (5) The meat of any animal for sale not slaughtered within a Municipality shall, on arrival thereat, be forthwith taken to a slaughterhouse provided by the Council for inspection and shall remain there until taken to the market. (6) The Council may charge a fee not exceeding twenty dollars for the inspection of the carcass of each ox; and not exceeding five dollars for that of each calf, pig, goat or sheep slaughtered outside the Municipality and brought into it for sale. Such fee may be recovered in like manner as provided in this Part for the recovery of market dues. (7) Any person who contravenes this section is liable to a fine of five hundred dollars. 208. (1) The Council may make Bye-laws with respect to the management, good government and use of any slaughterhouse and detention station under the control of the Council and the feeding and the watering of animals taken there, and it may by such Bye-laws fix the charges to be made for the lairage, slaughtering and where necessary, the destruction of animals. (2) Where an owner fails to comply with any Bye-laws made under this section imposing any duty on him with respect to All animals to be slaughtered at public slaughter houses. Bye-laws for slaughterhouses and detention stations. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 Municipal Corporations Chap. 25:04 115 LAWS OF TRINIDAD AND TOBAGO L.R.O. 1/2009 Municipal Corporations Chap. 25:04 115 any animal belonging to him, the Council may without prejudice to its right to institute summary proceedings for the breach of such Bye-laws, undertake the execution of such duty; and the expenses incurred for the purpose shall be a debt due from such owner to the Corporation. (3) Where default is made by an owner in respect of any expenses due to the Corporation under this section or any Bye laws made thereunder, the Council may recover the expenses due by summary proceedings before a Magistrate or by sale of any animal of the owner then in the slaughterhouse or the detention station. (4) Any sale under this section shall be by public auction notice whereof shall be conspicuously displayed for at least twenty-four hours on a notice board or other prominent place in the office of the manager or other person responsible for the administration of the slaughterhouse or detention station and the Council shall apply the proceeds of such sale, firstly, in or towards the payment of the cost and expenses of such sale, and secondly, in or towards the payment of the sums due by the owner to the Corporation and the surplus, if any, shall be paid to the person entered as the owner of the animal in the books of the Corporation. 209. (1) On a second or subsequent conviction for any offence under this Part or any Bye-laws made hereunder, the convicting Magistrate may in his discretion, in addition to any other penalty which he may impose, order that the offender be not allowed to sell in any market and that his licence be forfeited. (2) The Council may cancel the licence issued to any person under this Part or refuse to renew such licence where such person— (a) has been convicted more than twice for the same or a similar offence under this Part; (b) has assaulted any officer of the Council; (c) has been convicted of any offence involving violence or tending to produce disorder in a market. Penalty for second offences. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 116 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO 116 Chap. 25:04 Municipal Corporations PART Ix PeDLARS, hAWkeRS AND huCkSTeRS 210. (1) No person may, within a Municipality, without having first obtained a licence from the Council under the hand of the Chief Executive Officer, follow the trade or business of a pedlar, hawker or travelling huckster, or as such pedlar, hawker or travelling huckster sell or barter any merchandise or provisions, save and except the merchandise, goods, provisions and things specified in the Twelfth Schedule hereto. (2) Any person who contravenes subsection (1) is liable to a fine of two thousand dollars. 211. (1) Licences granted under this Part shall be yearly, and every such licence shall bear the date of, and commence on, the day on which it is issued, and every such licence, whensoever issued, shall expire on the last day of December next following the date of issue. (2) In respect of licences granted by the Council under this Part, there shall be paid to the Treasurer the licence fees specified in the Thirteenth Schedule. 212. The Chief Executive Officer shall, in a proper book kept by him for the purpose, enter the name of every person to whom a licence is granted under this Part, the number of every such licence, the date of its issue and the sum paid for the same. 213. The Council may, by resolution increase, reduce or otherwise alter all or any of the licence fees payable under the Thirteenth Schedule; but no such resolution shall come into operation until one month after the first publication thereof in the Gazette and in one newspaper circulating in the Municipality. 214. (1) Before any licence under this Part is granted by a Corporation, a requisition for the same shall be made and signed by the person applying to be licensed. (2) Every such requisition shall set forth the full name of the person applying to be licensed and his place of residence. Licensee to trade as pedlar, hawker and huckster. Twelfth Schedule. Duration of licences. Thirteenth Schedule. Register of licences. Alteration of fees. Thirteenth Schedule. Requisition for licence. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 Municipal Corporations Chap. 25:04 117 LAWS OF TRINIDAD AND TOBAGO L.R.O. 1/2009 Municipal Corporations Chap. 25:04 117 (3) Every such requisition shall be deposited at the office of the Chief Executive Officer. 215. (1) Every requisition submitted to a Corporation under this Part shall be received as evidence and be deemed proof of all matters therein contained as against the party applying for the licence. (2) Every person who falsely states any of the particulars required to be set forth in such requisition is liable to a fine of five hundred dollars. 216. Every licence issued under this Part shall contain the following particulars: (a) a distinguishing number; (b) the full name of the licensee and his place of residence. 217. (1) Whenever a person to whom the Council has issued a licence under this Part changes his residence or place of business, he shall forthwith give notice thereof in writing signed by him to the Chief Executive Officer and shall at the same time produce the licence to the Chief Executive Officer, who shall thereupon endorse a memorandum specifying the particulars of such change. (2) Any licensee who fails to comply with the provisions of subsection (1) is liable to a fine of five hundred dollars. 218. Any person who forges or counterfeits, or causes or procures to be forged or counterfeited, any document purporting to be a licence issued under this Part is liable on conviction on indictment to imprisonment for twelve months. 219. Every person licensed as a pedlar, hawker or travelling huckster shall cause his name and the words “Licensed Huckster”, “Licensed Hawker” or “Licensed Pedlar”, as the case may be, and the distinguishing number of his licence, to be painted on some conspicuous part of the outside of every trunk, box, tray, basket or other receptacle or thing in which he carries about or exposes any goods for sale, in letters and figures not less than one inch in height. Evidence. Form of licence. Change of abode of licensee. Forging or counterfeiting licence. Huckster’s name to be on box, etc. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 118 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO 118 Chap. 25:04 Municipal Corporations 220. Informations and complaints against any person for any offence against any of the provisions of this Part may be laid or made by and in the name of any— (a) Municipal Police Officer; (b) authorised officer, of the Municipality within which the offence took place. PART x Bye-LAWS, RuLeS AND ReGuLATIONS 221. (1) In addition to any other Bye-laws, Rules, or Regulations which a Council is expressly authorised to make under this Act, a Council may make such Bye-laws, Rules, and Regulations as to it seems proper for the good rule and government of the Municipality and for the prevention and suppression of nuisances not already punishable in a summary manner by virtue of any written law. (2) (a) Bye-laws, Rules or Regulations shall not be made, altered, amended, or repealed unless at least the prescribed number of the members of the Council is present and vote. (b) The number of members of the Council prescribed to be present and to vote for the purposes of this subsection shall be as set out in the Third Schedule or in an Order made pursuant to section 5(2). 222. A Council may by any Bye-laws, Rules, or Regulations made by it under this Part impose penalties not exceeding five hundred dollars for each offence and, in the case of a continuing offence, a further penalty not exceeding fifty dollars for each day during which such offence continues after written notice thereof from the Council and, in default of payment of such penalties, imprisonment for any term not exceeding three months. 223. (1) Bye-laws, Rules, or Regulations made by a Council shall not take effect unless and until they have been confirmed by the President. Who may lay information. Bye-laws for good government of a Corporation. Third Schedule. Penalty for breach of Bye laws. Bye-laws to be confirmed by the President. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 Municipal Corporations Chap. 25:04 119 LAWS OF TRINIDAD AND TOBAGO L.R.O. 1/2009 Municipal Corporations Chap. 25:04 119 (2) All Bye-laws, Rules, or Regulations made by a Council shall, when confirmed by the President, be published in the Gazette with a statement of the confirmation by the President and of the date on which they will come into force. (3) This section does not apply to any Rules or Regulations made by a Council relating to the duties, rights, or conduct of its officers or servants, or with respect to the proceedings at meetings of the Council or of any committee thereof and the form or order of their debates; and all such Rules and Regulations have effect without being confirmed by the President or otherwise. 224. Where a Council is empowered to make Bye-laws, Rules, or Regulations affecting premises or imposing any duties on the owners or occupiers thereof, the Council may make such Bye laws, Rules or Regulations for the whole or for any part of the area under its jurisdiction and may make separate and different Bye laws, Rules or Regulations for different parts of such area. PART xI LeGAL PROCeeDINGS 225. (1) unless otherwise expressly provided, any offence under this Act or under any Bye-laws, Rules or Regulations made under this Act is punishable on summary conviction under the Summary Courts Act; and all such offences and all penalties, fines, forfeitures, costs and expenses under this Act or under any such Bye-laws, Rules or Regulations directed to be recovered in a summary manner or the recovery of which is not otherwise provided for may be prosecuted and recovered in the manner provided by the Summary Courts Act. (2) Any information or complaint for any offence against the provisions of this Act or of any other written law, including any Bye-laws, Rules or Regulations made by the Council, for breach of the provisions whereof the Council may institute proceedings, may be laid or made in the name of the Corporation by any officer of the Corporation duly authorised in that behalf by resolution of the Council either generally or in respect of offences Publication of Bye-laws in Gazette. Bye-laws may apply to whole or part of Municipality. Recovery of penalties. Ch. 4:20. Complaints or information may be made or laid by officers of the Council duly authorised. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 120 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO 120 Chap. 25:04 Municipal Corporations against the provisions of specified written laws; and any officer authorised in that behalf by resolution of the Council may conduct the proceedings before a Magistrate in any case in which the Corporation is either a complainant or a defendant. (3) All penalties, fines, forfeitures, costs and expenses recovered in respect of offences committed against the provisions of this Act or under any Bye-laws, Rules or Regulations made by the Corporation under this Act or under any other written law administered by the Corporation shall be received by the Magistrate and paid over by him to the Treasurer for the use of the Corporation within whose municipal boundaries the offence took place. 226. (1) Any person who does any act in contravention of any of the provisions of this Act or of any Bye-laws, Rules or Regulations made under any power conferred by this Act, or who fails to execute any work, or to do anything which he is required to do by virtue of any of the provisions of this Act or of any such Bye-laws, Rules or Regulations or of any order or notice served upon him by a Council by virtue of this Act is, unless some other penalty is provided therefor, liable to a fine of five hundred dollars and in case of a continuing offence, to a further fine of fifty dollars for each day that such offence is continued after written notice thereof from the Council. (2) Where the beginning of the execution of any work is an offence in respect of which the offender is liable under this Act or under any Bye-laws, Rules or Regulations, to a penalty, the existence of the work during its continuance in such a form and state as to be in contravention of the Act or of the Bye-laws, Rules or Regulations shall be deemed to be a continuing offence, but a penalty shall not be incurred in respect of such existence after the expiration of one year from the day when the offence was first discovered by the Council. 227. (1) An action to recover a fine from any person for acting in a corporate office without having made the requisite declaration, or without being qualified, or after ceasing to be qualified, or after becoming disqualified, may be brought by any elector of the Penalties for offences not otherwise provided for. Continuing offence. Procedure in penal actions against corporate officers. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 Municipal Corporations Chap. 25:04 121 LAWS OF TRINIDAD AND TOBAGO L.R.O. 1/2009 Municipal Corporations Chap. 25:04 121 Corporation; but no action shall lie unless the plaintiff has, within fourteen days after the cause of action arose, served a notice in writing personally on the person liable to the fine of his intention to bring the action, nor unless the action is commenced within three months after the cause of action arose. (2) The Court or a Judge may, on the application of the defendant within fourteen days after he has been served with the writ of summons in the action, require the plaintiff to give security for costs. (3) unless judgment is given for the plaintiff, the defendant shall be entitled to costs to be taxed as between Attorney-at-law and client. (4) Where any such action is brought against a person on the ground of his not being qualified in respect of estate, it shall lie on him to prove that he was so qualified. (5) A moiety of the fine recovered shall, after payment of the costs of action, be paid to the plaintiff. 228. (1) An application for an information in the nature of a quo warranto against any person claiming to hold a corporate office shall not be made after the expiration of three months from the time when he became disqualified after election. (2) In the case of such an application, or of an application for a mandamus to proceed to an election of a corporate officer other than a Councillor, the applicant shall give notice in writing of the application to the person to be affected thereby (in this section called the respondent) at any time not less than ten days before the day in the notice specified for making the application. (3) The notice shall set forth the name and description of the applicant and a statement of the grounds of the application. (4) The applicant shall deliver, with the notice, a copy of the affidavits whereby the application will be supported. (5) The respondent may show cause in the first instance against the application. Quo warranto and mandamus. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 122 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO 122 Chap. 25:04 Municipal Corporations (6) When sufficient cause is not shown, the Court, on proof of due service of the notice, statement and copy of affidavits used in support of the application, may, if it thinks fit, make the rule for the information or mandamus absolute. (7) The Court may, if it thinks fit, direct that any writ or mandamus issued be peremptory in the first instance. 229. (1) Where a Council has incurred expenses for the repayment whereof the owner of the premises for or in respect of which the same were incurred is liable under any provision of this Act or under any agreement with the Council, such expenses may be recovered together with interest thereon at ten per cent per annum computed from the date of the service of a demand for the same to the date of payment from the owner for the time being of such premises, and, until recovery of such expenses and interest, the same shall be a charge on the premises for or in respect of which they were incurred. (2) Subject to subsection (3), the Council may, by order, or in any agreement with such owner, declare such expenses to be payable by annual instalments within a period not exceeding five years with interest or any part thereof may, without prejudice to the power of sale vested in the Corporation by virtue of the Rates and Charges Recovery Act, be recovered by action in any Court of competent jurisdiction from the owner or the occupier for the time being of such premises and, if paid by or recovered from the occupier, may be deducted by him from the rent due or accruing due to the owner. (3) Where any of the instalments or the interest or any part of either is in arrear and unpaid for a period of three months after the time appointed for the payment thereof, the whole amount of the expenses remaining unpaid and charged on such premises shall forthwith become payable to the Corporation and the power of sale vested in the Corporation for the amount shall forthwith become exercisable for the recovery of the outstanding instalments and interest thereon at the rate of ten per cent per annum computed from the date of payment of the last instalment, or if no instalment has been paid from the date when the expenses charged on such premises first became due and payable by the owner. Recovery of expenses from owners. Payments by instalments. Ch. 74:03. Procedure in case of non payment of instalment. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 Municipal Corporations Chap. 25:04 123 LAWS OF TRINIDAD AND TOBAGO L.R.O. 1/2009 Municipal Corporations Chap. 25:04 123 (4) Where, otherwise than in the circumstances referred to in subsection (1), a Corporation incurs any expense in consequence of the breach by any person of any provision of Part VII or any Bye-laws, the expense with interest computed at the rate of ten per cent each year from the date such expenses were incurred shall be recoverable in a summary manner by the Corporation from the person committing the breach. 230. (1) Where in any legal proceedings it becomes necessary to prove any document of a Corporation, a copy of or an extract from such document purporting to be certified to be true by the Corporation Secretary shall be sufficient prima facie evidence of such document. (2) No proof shall be required of the handwriting or of the official position of the Corporation Secretary certifying in pursuance of this section to the truth of any such copy of or extract from any document. (3) For every certified copy of or extract from any document supplied by the Council in pursuance of this section, there shall be paid to the Corporation for every one hundred words or part thereof contained in such copy or extract the sum of twenty dollars. (4) No officer of a Corporation shall in any legal proceeding be compellable to produce any document the contents of which can be proved by a certified copy under the provisions of this section except on the order of a Judge or Magistrate made for special cause. (5) Where any officer of a Corporation is required under order of a Judge or Magistrate made for special cause in pursuance of this section to produce any original document of the Corporation for the attendance of such officer upon subpoena in Court for that purpose the sum of fifty dollars. (6) For the purposes of this section, “document of a Corporation” includes notices, orders and authorities given, made and issued by the Council and any entry in any rate book, account book, register or other book of a Corporation and any resolution or Expense caused to Corporation by contravention of Part VII or Bye-laws. Certified copies of documents to be prima facie evidence thereof. Proof of handwriting not required. Fee for copy or extract. Production of original. Fee for production of original. Definition of “document” of a Corporation. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 124 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO 124 Chap. 25:04 Municipal Corporations other matter recorded in any Minute Book of a Corporation, and all Orders, Rules, Bye-laws, Regulations, warrants, lists, certificates, requisitions, letters, notices, receipts and any other documents whatsoever in the custody of or proceeding from a Corporation. (7) The provisions of this section shall be deemed to be in addition to and not in derogation of any powers of proving documents given in any other part of this Act or by any other written law. (8) Notwithstanding anything contained in this section, the Corporation Secretary may grant any person desiring the same for any other purpose than as evidence in legal proceedings, a certified copy of or extract from any document of the Corporation upon payment of such fee and upon such terms as may be fixed by resolution of the Council. 231. (1) Where any officer of a Corporation or any other person is duly authorised by a Council or by a Magistrate or Justice to enter any premises for any of the purposes of this Act, such officer or person shall, on entering such premises, if required by the occupier thereof, produce to such occupier either the original or a duly authenticated copy of his authorisation, or some other sufficient evidence of his being authorised as aforesaid. (2) The copy of the written authorisation referred to in this section shall be deemed to be duly authenticated if it purports to be signed by the Chief Executive Officer. (3) Any person who refuses to permit any duly authorised officer or servant of a Corporation to enter any premises for any of the purposes for which its duly authorised officers or servants are authorised to enter premises by virtue of this Act, or who obstructs, hinders or delays duly authorised officers or servants of a Corporation in the execution of any of their duties under this Act or under any Bye-laws made hereunder is guilty of an offence and (unless a different penalty is expressly provided for the offence charged) is for every such offence, liable to a fine of five hundred dollars. Certified copy or extract may be granted by Corporation Secretary. Procedure for enforcing powers of entry. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 Municipal Corporations Chap. 25:04 125 LAWS OF TRINIDAD AND TOBAGO L.R.O. Municipal Corporations Chap. 25:04 125 (4) In any information or complaint preferred or made by a Corporation or by any of its officers or servants against any person pursuant to subsection (3), the complainant may add a notice that he intends at the hearing to apply to the Magistrate for a warrant authorising him to enter such premises, by force if need be, for the purposes specified in the notice. In such cases the Magistrate may, either in addition to the penalty provided for such offence under this Act or, without imposing any penalty for the offence, by warrant under his hand, authorise the duly authorised officers or servants of the Corporation to enter such premises, by force if need be, and with such assistants as they may require, and there to execute their duties under this Act. (5) The warrant issued under subsection (4) may be according to the form in the Tenth Schedule. (6) A warrant issued under subsection (4) shall continue in force until the purpose for which the entry is necessary has been satisfied. (7) A person who obstructs the execution of any such warrant is, without prejudice to any other proceeding that might be brought against him, liable on summary conviction to a fine of five hundred dollars for every day that he obstructs the execution thereof. PART xII mISCeLLANeOuS FuNCTIONS 232. The following functions are exercisable by a Corporation in the Municipality in addition to those already vested in it under this Act: (a) the distribution of truck-borne water subject to the provisions of the Water and Sewerage Act; (b) the provision, maintenance and control of all Corporation buildings; (c) the maintenance and control of homes for the aged established by the Corporation; Tenth Schedule. Additional functions. [8 of 1992]. Ch. 54:40. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 126 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO 126 Chap. 25:04 Municipal Corporations (d) subject to any other written law, the maintenance and control of childcare centres established by the Corporation; (e) the construction and maintenance of all drains and watercourses, except main drains and water courses, and drains along main roads and highways; (f) the provision, maintenance and control of such parks, recreation grounds, beaches and other public spaces as the President may from time to time by Order prescribe; (g) the promotion of development within the Municipality in accordance with plans approved by the Minister with responsibility for physical planning; (h) the maintenance of State property including— such police stations, health centres, post offices, and other government buildings as the Minister to whom responsibility for construction and maintenance of buildings is assigned may by Order determine; (i) (Deleted by Act No. 8 of 1992); (j) the disposal of garbage from public and private property, the development and maintenance of sanitary landfills, chemical treatment for insect and vector control, abatement of public nuisances and dissemination of information for primary health care; (k) (Deleted by Act No. 8 of 1992); (l) the co-ordination of local and regional trade fairs, athletic events and cultural displays and entertainment; (m) the collection and distribution of forms issued by Departments of Government; (n) the maintenance and control of burial grounds and crematoria, subject to the provisions of the Burial Grounds Act and the Cremation Act; Ch. 30:50. Ch. 30:51. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 Municipal Corporations Chap. 25:04 127 LAWS OF TRINIDAD AND TOBAGO L.R.O. 1/2009 Municipal Corporations Chap. 25:04 127 (o) the provision, maintenance and control of public pastures and recreation grounds, subject to the provisions of the Recreation Grounds and Pastures Act; (p) such other functions as the President may from time to time by Order prescribe. PART xIII ASSOCIATION OF LOCAL GOveRNmeNT CORPORATIONS 233. (1) There is hereby established for the purposes set forth in subsection (2) an Association to be known as the Association of Local Government Corporations of Trinidad and Tobago (referred to below as “the Association”) consisting of all members of Local Government Corporations. (2) The objects of the Association are to promote the common interests of all local government bodies and more particularly— (a) to promote the effective and efficient management of Municipal Government Corporations; (b) to act as a medium of communication and to confer with Government Corporations; (c) to provide representations on Government or Public Bodies. 234. (1) The affairs of the Association shall be managed by a Chairman, a Vice-Chairman and an Executive Committee consisting of not fewer than five nor more than nine members elected by the members of the Association from among themselves. (2) The Chairman shall be the Chief Executive Officer of the Association with the approval of the President, shall have supervision over and direction of the work of the Association and the duties to be performed by the other members of the Executive Committee and the duties to be performed by such members of the staff. Ch. 41:01. Association of Local Government Corporations. Chairman and Executive Committee of Association. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 128 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO 128 Chap. 25:04 Municipal Corporations (3) A Municipal Corporation may, subject to the approval of the Association, pay a reasonable subscription whether annually or otherwise to the funds of the Association. (4) The staff of the Association of Local Government Corporations shall consist of such public officers as may be assigned to it. 235. Subject to the approval of the President, the Association shall develop, adopt and keep under review a Code of Ethics to which its members must adhere and, until a Code of Ethics is so adopted, the “Code of Ethics for Parliamentarians including Ministers” adopted by resolution of Parliament shall, in so far as it is appropriate to the conduct, functions and duties of members of Local Government Corporations, apply mutatis mutandis. PART xIv DISCIPLINARy PROCeeDINGS 236. to (Repealed by Act No. 8 of 1992). 252. PART xv ReGIONAL CO-ORDINATING COmmITTeeS 253. (1) In every Municipality there shall be established a Co-ordinating Committee with responsibility for ensuring efficiency in the management of operations and co-ordinating the delivery of services. (2) The Co-ordinating Committee shall comprise— (a) the Mayor of the Council; (b) the head of the district or regional operations of the Water and Sewerage Authority; (c) the head of the district or regional operations of the Trinidad and Tobago Electricity Commission; (d) the District or Regional Officer responsible for main roads in the area; } Code of ethics. Co-ordinating Committee. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 Municipal Corporations Chap. 25:04 129 LAWS OF TRINIDAD AND TOBAGO L.R.O. 1/2009 Municipal Corporations Chap. 25:04 129 (e) the District or Regional Officer responsible for drainage and irrigation in the area; (f) the Medical Officer of Health; (g) the Chief Executive Officer; (h) a secretary to the Co-ordinating Committee appointed by the Council; (i) such other officers of Central or Local Government and other persons as the Minister may upon the request of a Council appoint. (3) The Mayor shall be Chairman of the Co-ordinating Committee. (4) The Chief Executive Officer and the Secretary shall have no right to vote on decisions of the Co-ordinating Committee. 254. The Co-ordinating Committee shall establish the procedure to be followed for the conduct of its business and shall meet as often as it considers necessary and shall report to the Minister every three months. PART xvI GeNeRAL PROvISIONS 255. (1) Notices, orders, accounts, demands and any other documents required to be served, given or delivered by the Council under this Act or any other written law, or under any Bye-laws, Rules or Regulations of the Council, may be in writing or print, or partly in writing and partly in print; and, if the same require authentication, shall be sufficiently authenticated by the name of the Chief Executive Officer or any other duly authorised officer of the Corporation being affixed thereto in print or in writing. (2) Service of any notice under this Act or any Bye laws, Rules or Regulations made hereunder, on any owner or occupier shall be effected by handing the same to him or leaving the same at his usual place of abode, or, where the owner or occupier is absent from Trinidad and Tobago, or is unknown, or cannot be found, by posting a copy of such notice on the premises to which it is related. Power to establish own procedure. Form, authentication, and service of notices, etc. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 130 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO 130 Chap. 25:04 Municipal Corporations (3) Any notice, order, or document required or authorised to be served upon any body or person under this Act or any Bye laws, Rules or Regulations made hereunder, may be served by the same being addressed to such body or person and being left at or transmitted through the post to the following addresses respectively: (a) in the case of the President, the office of the Cabinet Secretariat; (b) in the case of the Postmaster General, the General Post Office; (c) in the case of the Chief Technical Officer (Works), the Permanent Secretary, Ministry of Works; (d) in the case of any company having a registered office, the registered office of such company; (e) in the case of a company having an office or offices, but no registered office, the principal office of such company; and (f) in the case of any other person, the usual or last known place of abode of such person. (4) Any notice, order or document by this Act required or authorised to be served on the owner or occupier of any premises shall be deemed to be properly addressed if addressed by the description of the “owner” or “occupier” of the premises (naming the premises) without further name or description. 256. (1) Where a Council is authorised under this Act or any other written law or any Bye-laws, Rules or Regulations made by the Council to refuse its consent to the execution of any work or the doing or omitting to do any act or thing by the owner of any premises, the Council may, instead of refusing such consent, grant the same, subject to such terms and conditions in relation to the subject matter of such consent as the Council thinks fit, and any breach of any such terms or conditions shall be deemed, as regards liability to penalties and other consequences, equivalent to the doing or omitting to do such act or thing without the required consent. (2) All consents given by the Council under this Act or any other written law shall be given in writing, and, unless Power to attach conditions to consent. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 Municipal Corporations Chap. 25:04 131 LAWS OF TRINIDAD AND TOBAGO L.R.O. 1/2009 Municipal Corporations Chap. 25:04 131 otherwise prescribed, shall be under the hand of the Chief Executive Officer or the Engineer or any other officer of the Corporation duly authorised in that behalf. 257. (1) No error, misnomer, or inaccurate description of any person, body corporate or place in any notice, list, register, roll or rate book required by this Act shall in any way hinder the full operation of this Act with respect to that person, body corporate or place, or affect the liability of any premises to any rate or charge payable in respect thereof. (2) The Council may at any time correct any such errors, misnomers or inaccurate descriptions, and make such amendments in any such notices, lists, registers, rolls or rate books as may be necessary to correct any such errors and to make the entries conformable to fact, to any resolutions of the Council relating to such entries and to the provisions of this Act. 258. (1) Every rate, charge or sum of money due to a Corporation under or by virtue of any of the provisions of this Act or of any other written law, if unpaid for a period of three months after becoming due, shall be increased by a sum equal to ten per cent of the rate, charge or sum so unpaid. (2) This section shall not apply to sums due to a Corporation in respect of which interest after the date on which they become due is payable to the Corporation under this or any other written law for the time being in force, nor to any rate or charge to which any other period of time is herein prescribed for the imposition of the said increase. 259. Where the Council is satisfied that, by reason of special circumstances, it would be inequitable to require payment of any statutory increase, it may remit such increase and refund the same if it has been paid. 260. (1) Where, by this Act, any payment, act or proceeding is required, directed or allowed to be made, done or taken on a certain day, then if that day happens upon a Sunday, Good Friday, Misnomer or misdescription. Statutory increase. Remission of statutory increase. Computation of time. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 132 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO 132 Chap. 25:04 Municipal Corporations Christmas Day or any other day declared by any written law or by any proclamation by the President issued under any written law to be a close holiday in all public offices, the payment, act or proceeding shall be considered as made, done or taken in due time if it is made, done or taken on the next day following, not being one of the days in this section specified. (2) Where, by this Act, any payment, act or proceedings is required, directed or allowed to be made, done or taken within any time not exceeding seven days, the days in this section specified shall not be reckoned in the computation of such time. 261. (1) All licences which the Council may be authorised to grant under this Act or any other written law for the time being in force may, unless otherwise expressly provided, be granted by and under the hand of the Chief Executive Officer or any other officer of the Corporation duly authorised in that behalf. (2) If any person to whom a licence has been granted by the Council under this Act or under any other written law satisfies the Chief Executive Officer that such licence has been lost or defaced, the Chief Executive Officer may, on payment of a fee of five dollars, order the issue to him of a duplicate licence, and the duplicate so issued shall have the same effect as the original licence. (3) This section shall not apply to any other written law wherein it is expressly otherwise provided. 262. (1) Where the Council is authorised under this Act to grant a licence for any purpose, it may refuse to grant any such licence whenever it considers such refusal to be necessary or desirable in the interest of the public, and it may suspend for such time as it thinks fit or revoke, any licence granted by it upon breach by the licensee of any of the terms and conditions subject to which the licence was granted or for any other reason which in its opinion renders such suspension or revocation necessary or desirable in the interests of the public; but the Chief Executive Officer may at any time, if it appears advisable to him suspend any licence pending the decision of the Council. Authentication of licence. Duplicate licence. Power to withhold, suspend, or revoke licence. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 Municipal Corporations Chap. 25:04 133 LAWS OF TRINIDAD AND TOBAGO L.R.O. 1/2009 Municipal Corporations Chap. 25:04 133 (2) Any person who considers himself aggrieved by the withholding, suspension or revocation of any licence granted under this Act may appeal to a Magistrate after the expiration of seven days from such withholding, suspension or revocation; but the person so aggrieved shall give four clear days written notice of such appeal and the grounds thereof to the Corporation, and the Magistrate shall have power to make such Order as seems just and proper and to award costs to the successful party. 263. Where, under this Act or any Bye-laws, Rules or Regulations made hereunder, any work of any kind is required to be executed or carried out by the owner of any premises within a Municipality and default is made in the execution of such works within the prescribed time, the Council may in its discretion cause such work to be executed or carried out; and the expense incurred by the Council in respect thereof, with ten per cent added thereto, shall be a debt due to the Corporation by the owner for the time being of such premises and, until paid to the Corporation, shall be a charge on the premises in or in respect of which such work was executed. 264. Where any rate, charge or sum of money payable to a Corporation under this Act or any other written law is declared to be a charge on any premises, such charge shall be prior and preferential to all existing or future charges or encumbrances thereon, save and except charges for debts due to the State and charges thereon in respect of other rates and charges or sums of money due to the Corporation. 265. Where, under any provision of this Act, the Council constructs, carries out or does any works which are for the common benefit of two or more premises belonging to different owners, the expenses which are recoverable from the owners shall be paid by the owners of such premises in such proportions as shall be determined by the Engineer or other officer of the Corporation duly authorised in that behalf and, until payment, the sum apportioned to each of such premises shall be a charge on the premises. Execution of works on default of owner. Charges on premises to be preferential to other encumbrances. Apportionment of expenses of works between different owners. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 134 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO 134 Chap. 25:04 Municipal Corporations 266. All applications, notices, plans and other documents delivered at the office of a Chief Executive Officer or of an Engineer in pursuance of this Act or of any other written law or of any Bye-laws, Rules or Regulations made thereunder, shall, on delivery, become the property of the Corporation. 267. All powers given by this Act shall be deemed to be in addition to and not in derogation of any other powers conferred on a Corporation by any other written law or custom. 268. The Council may, by resolution, alter or amend any of the forms or tables of articles or fees set out in any of the Schedules to this Act; but no such resolution shall come into force until it has been approved by the President, and published in the Gazette. 269. (1) The Minister may give general or specific directions to any Council in relation to Government policy touching or concerning any matter; and it shall be the duty of the Council to govern its actions in accordance with any such directions. (2) Where a Council wilfully neglects or, refuses to carry out its responsibilities in relation to a particular matter, the President may by Order transfer responsibility for that matter to the Minister. 270. The Minister may investigate any matter concerning the affairs of any Corporation and it shall be the duty of all holders of corporate office and officers and employees of the Corporation to provide their willing assistance in any such investigation. 271. (1) Subject to subsections (2) and (3), on receipt of an address from the House of Representatives on a petition signed by not less than one-half in number of the electors in the lists of electors for the electoral area of a Corporation, the President may, by an Order published in the Gazette, dissolve the Council. (2) An Order for the dissolution of a Council shall not be valid, unless in and by such Order a time is fixed for the election of a new Council under the provisions of this Act in lieu of the Council so dissolved, not more than two years from the date of such Order. Plans, etc., deposited to become property of Corporation. Powers conferred by written law to be cumulative. Schedules— power to alter or amend. Government policy directions. Power to investigate. Power of President to dissolve a Council and appoint Commissioner. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 Municipal Corporations Chap. 25:04 135 LAWS OF TRINIDAD AND TOBAGO L.R.O. Municipal Corporations Chap. 25:04 135 (3) The President may at any time vary such Order to the extent of diminishing the time fixed for the election of a new Council and substituting an earlier date for such election; but notice of such change of date shall be given by publication in the Gazette at least one calendar month in advance. (4) When a Council is dissolved, the following consequences shall ensue: (a) the Mayor, Deputy Mayor, Aldermen and Councillors shall, as from the date specified in the Order, vacate their offices as such; (b) all powers, duties and liabilities of the Council shall as from such specified date and until a new Council is constituted under this Act, be exercised, performed and discharged by such persons not less than three in number as the President may from time to time appoint in that behalf to be designated Commissioners for the Corporation; one of the Commissioners shall be appointed by the President as Chief Commissioner on whom shall devolve all the powers and duties assigned to the Mayor under this Act; (c) all property, real and personal, dues, chattels and valuable securities belonging to or vested in the Corporation, or in its occupation, control or management shall, during the period aforesaid, vest in the Commissioners aforesaid, or be in their occupation, control and management; (d) all moneys, funds, rates, tolls, dues, charges, rents, fines, profits and advantages, claims and demands to which the Corporation is entitled shall also be transferred to and vest in the Commissioners; (e) all debts and claims then due or thereafter to become due from and payable by the Corporation shall be discharged and paid by the Commissioners in the same manner at the same time and subject to the same conditions, as the same respectively would have been due and payable if the Council had continued to exist. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 136 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO 136 Chap. 25:04 Municipal Corporations136 Chap. 25:04 Municipal Corporations (5) The Commissioners may in respect of their duties as such receive from the revenues of the Corporation such remuneration as the President may from time to time prescribe. (6) A Commissioner shall be recoverable from office for any cause deemed sufficient by the President. 272. upon the commencement of operations by the Municipal Corporations referred to in section 4 (in this section, otherwise referred to as “successor Municipal Corporations”)— (a) any collective agreement that immediately prior thereto affected workers who were employees of a County Council shall continue to have effect in relation to such workers and shall bind a successor Municipal Corporation by which such workers are employed; (b) a trade union which immediately prior thereto represented workers employed by a County Council shall continue to represent such workers in their industrial relations with any successor Municipal Corporation by which such workers are employed. 273. (1) Notwithstanding the provisions of any written law relating to the term of office of members of the Councils constituting the local authorities, the term of office of members of local authorities holding office on the 13th September, 1990, is hereby extended for a period of one year or to such date as the President may specify by Order published in the Gazette whichever first occurs. (1A) With effect from 29th December, 1995— (a) subject to paragraph (b), the Councillors and Aldermen of each Corporation whose terms of office expired on the 27th day of September, 1995 shall comprise an Advisory Committee of that Corporation on the same terms and conditions of service that they enjoyed as Councillors and Aldermen, except that each Continuation of collective agreements and union representation. Extension of term of office of serving members. [36 of 1995 13 of 2003 14 of 2006 18 of 2007 11 of 2008 5 of 2009]. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 Municipal Corporations Chap. 25:04 137 LAWS OF TRINIDAD AND TOBAGO L.R.O. Municipal Corporations Chap. 25:04 137 Municipal Corporations Chap. 25:04 137 Advisory Committee shall cease to exist upon the election of Councillors and the appointment of Aldermen in consequence of elections held under section 11(4B); (b) the person who held the office of Deputy Chairman of the Sangre Grande Regional Corporation on the 26th day of September, 1995 shall assume the office of the Chairman of the Sangre Grande Regional Corporation. (1B) Subject to subsection (1C) the Councillors and Aldermen of each Corporation whose term of office expired on the 12th day of July, 2002 are deemed to have become an Advisory Committee of that Corporation from the 13th day of July, 2002 on the same terms and conditions of service that they enjoyed as Councillors and Aldermen, except that each Advisory Committee shall cease to exist upon the election of Councillors and the appointment of Aldermen in consequence of elections held under section 11(4C). (1C) The person who held the office of Deputy Chairman of the San Juan/Laventille Regional Corporation on the 12th day of July, 2002 is deemed to have assumed the office of the Chairman of the San Juan/Laventille Regional Corporation from the 4th day of October, 2002. (1D) Notwithstanding section 11(4) and (4A) and sections 12(5) and 15(1), only for the purposes of the elections due in the year 2006— (a) the term of office of each Councillor shall continue for twelve months from the date of the expiry of the existing term of office, as though each Councillor had been elected for an additional period of one year; and (b) subject to sections 15(2) and 12(6) the term of office of each Mayor, Deputy Mayor and Alderman shall expire at the end of the existing term and— (i) the Councillors shall elect Aldermen for a term of twelve months, in accordance with section 13; and MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 138 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO 138 Chap. 25:04 Municipal Corporations (ii) the Councillors and Aldermen shall elect a Mayor or Deputy Mayor of the Council for a term of twelve months, in accordance with section 14. (1E) All powers exercisable by Councillors, Mayors and Aldermen under the Act, shall be exercisable by them during the period referred to in subsection (1D). (1F) Notwithstanding subsection (1D), for the purposes only of the elections due in the year 2007, the term of office of the Mayor, Aldermen and Councillors holding office in a Corporation on the 13th July, 2007, is hereby extended for a period of one year from the date of expiration of such term. (1G) All powers exercisable by Mayors, Aldermen and Councillors under the Act shall be exercisable by them during the period referred to in subsection (1F). (1H) For the purposes only of the elections due in the year 2008, the term of office of the Mayors, Aldermen and Councillors, holding office in a Corporation which was extended for one year pursuant to subsection (1F), is hereby extended for a further period of one year from the date of expiration of such term. (1I) All powers exercisable by Mayors, Aldermen and Councillors under this Act shall be exercisable by them during the period referred to in subsection (1H). (1J) Notwithstanding section 11(4) and (4A) and sections 12(5) and 15(1), only for the purposes of the elections due in the year 2009— (a) the term of office of each Councillor shall continue for twelve months from the date of the expiry of the existing term of office, as though each Councillor has been elected for an additional period of one year; and MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 Municipal Corporations Chap. 25:04 139 LAWS OF TRINIDAD AND TOBAGO L.R.O. (b) subject to sections 12(6) and 15(2), the term of office of each Mayor, Deputy Mayor and Alderman shall expire at the end of the existing term and— (i) the Councillors shall elect Aldermen for a term of twelve months, in accordance with section 13; and (ii) the Councillors and Aldermen shall elect a Mayor or Deputy Mayor of the Corporation for a term of twelve months in accordance with section 14. (1k) All powers exercisable by Councillors, Mayors and Aldermen under the Act, shall be exercisable by them during the period referred to in subsection (1J). (2) In this section, “local authority” means the Council of a Municipal Corporation referred to in section 3 or a County Council within the meaning of the County Councils Act (repealed by this Act). MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 140 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO FIRST SCheDuLe LIST OF CORPORATIONS CONTINueD uNDeR ThIS ACT Section 3. BOuNDARIeS OF The CITy OF PORT-OF-SPAIN The City of Port-of-Spain comprises the area which is bounded as follows: NORTH —From the point on the north-western boundary of the City of Port-of-Spain as indicated by a monument on the north western corner of lands of the Church of England proceeding eastwards on a bearing of 299°.09' for a distance of 173.2 feet to a monument; thence on the same bearing for a distance 2,679.6 feet to another monument; thence on a bearing of 290°.06' crossing Fort George Road to a point about 1,330 feet from the junction of the said Fort George Road with the Western Main Road; thence in a generally north-easterly direction along the southern boundary of Fort George Road to the boundary line between lands now or formerly of Charles Ross and the Public Cemetery; thence north-eastwards along the said boundary line passing between lands now or formerly of Charles Ross and the Public Cemetery to the South bank of Murray Ravine; thence in a generally south-easterly direction along the South bank of the Murray Ravine to Bournes Road Ravine; thence in a generally north-easterly direction along the South bank of the Bournes Road Ravine into and along the West bank of the Belle Vue Ravine to the point where it is crossed by Belle Vue Road; thence south-eastwards along Belle Vue Road to Long Circular Road; thence eastwards along Long Circular Road to Saddle Road; thence in a generally easterly and then south-easterly direction along Saddle Road to Circular Road; thence south-eastwards along Circular Road to the point at its intersection with Lady young Road; thence north-eastwards and then eastwards along the Lady young Road to the point at the north-eastern boundary of the City of Port-of-Spain. EAST —From the last mentioned point proceeding southwards along the eastern boundary of the City of Port-of-Spain to the point I. Name of Corporation: The Mayor, Aldermen, Councillors and Citizens of the City of Port-of-Spain Law under which Established The Port-of-Spain Corporation Ordinance [Ch. 39. No. 1 (1950 Ed.)] MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 Municipal Corporations Chap. 25:04 141 LAWS OF TRINIDAD AND TOBAGO L.R.O. where Blenman Lane meets Belle Eau Road; thence south eastwards along Belle Eau Road to the point where it crosses Santa Barbara Ravine (the eastern boundary of the City of Port-of-Spain); thence in a generally south-easterly and then southerly direction along the eastern boundary of the City of Port-of-Spain to a point on Laventille Road; thence in a generally south-westerly direction along Laventille Road to a point where an imaginary straight line drawn due North from the south-eastern boundary of the Powder Magazine meets it; thence proceeding southwards along the said imaginary straight line to the south-eastern boundary of the Powder Magazine (the eastern boundary of the City of Port-of-Spain); thence continuing southwards along the eastern boundary of the City of Port-of-Spain to a point on the sea coast. SOuTH —From the last mentioned point proceeding in a generally westerly direction along the said sea coast to the point at the south-western corner of lands of the Church of England at Ocean Avenue (the south-western boundary of the City of Port-of-Spain). WEST —From the last mentioned point proceeding north-eastwards along the western boundary of the lands of the Church of England (western boundary of the City of Port-of-Spain) to the point at the north-western corner of the lands of the Church of England on the north-western boundary of the City of Port-of-Spain as indicated by a monument at the point of commencement. BOuNDARIeS OF The CITy OF SAN FeRNANDO The City of San Fernando comprises the area which is bounded as follows: NORTH —Commencing at a point on the sea coast at the mouth of the Guaracara River proceeding in a generally easterly direction along the South bank of the Guaracara River to the point where it is crossed by Solomon Hochoy Highway. II. Name of Corporation: The Mayor, Aldermen, Councillors and Citizens of the City of San Fernando Law under which Established The San Fernando Corporation Ordinance [Ch. 39. No. 7 (1950 Ed.)] MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 142 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO EAST —From the last mentioned point proceeding southwards along Solomon Hochoy Highway to Tarouba Extension Road, thence eastwards along Tarouba Extension Road to Allamby Street Extension; thence in a generally south-westerly direction along Allamby Street Extension to Allamby Street; thence in a generally southerly direction along Allamby Street to Naparima-Mayaro Road; thence westwards along Naparima-Mayaro Road to Corinth Road; thence in a generally southerly direction along Corinth Road to its intersection with Cipero Road; thence proceeding southwards along an imaginary straight line to the point on the North bank of the Cipero River. SOuTH —From the last mentioned point proceeding in a generally westerly direction along the North bank of the Cipero River to the point where it is crossed by the San Fernando Bye Pass; thence southwards along the San Fernando Bye-Pass to the South Trunk Road; thence in a generally south westerly direction along the South Trunk Road to the point where it crosses Oropouche River; thence northwards along Oropouche River to the point at its mouth on the sea coast. WEST —From the last mentioned point proceeding in a generally northerly direction along the said sea coast to the point at the mouth of the Guaracara River at the point of commencement. III. Name of Corporation: The Mayor, Aldermen, Councillors and Citizens of the Borough of Arima Law under which Established The Arima Corporation Ordinance [Ch. 39. No. 11 (1950 Ed.)] BOuNDARIeS OF The BOROuGh OF ARImA The Borough of Arima comprises the area which is bounded as follows: NORTH —By a line commencing at a point at the 11/4 mile on the northern side of the Blanchisseuse Road proceeding in a south easterly direction along the northern side of the said road to its point of intersection with Arima Bye-Pass Road; thence continuing in a generally south-easterly direction along the eastern side of the Arima Bye-Pass Road to the point of intersection with Cocorital Road (also called Maturita Trace). MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 Municipal Corporations Chap. 25:04 143 LAWS OF TRINIDAD AND TOBAGO L.R.O. EAST —By the eastern side of the Cocorital Road (also called Maturita Trace) from the Arima Bye-Pass Road proceeding southwards along the eastern side of the Cocorital Road to the southern side of the Eastern Main Road; thence south-westerly along the southern side of the Eastern Main Road to the point where it meets the eastern bank of the Arima River; thence in a generally south-easterly direction along the Eastern Bank of the said river to the Churchill-Roosevelt Highway. SOuTH —By the southern side of the Churchill-Roosevelt Highway from the Arima River proceeding westwards to the Mausica River. WEST —By the left bank of the Mausica River from the Churchill Roosevelt Highway (obliquely opposite the Arima Race Club) proceeding in a generally northerly direction along the said river to the northern boundary of the Eastern Main Road; thence in a generally south-westerly direction along the said road to a point near a monument which lies on the western boundary of a parcel of land owned now or formerly by J. L. Pinder; thence in a direction of 02°.37' to the aforementioned monument; thence in the same direction for 525.4 Links to another monument thence in a direction of 02°.37' and for 926.3 Links to a monument; thence for a distance for some 20 Links to a point at the intersection of the southern boundary of the Old Arima Road and the eastern boundary of a parcel now or formerly the property of Adrian Vincent; thence in an easterly direction along the southern boundary of the Old Arima Road to a point at the intersection of the latter with the left bank of the Mauxiquita Ravine; thence in a generally northerly direction along the left bank of the said ravine to a point where it meets the southern boundary of a parcel of land now or formerly owned by Werner Bruno Carl Hillebrand referred to in Vol. 1385—Folio 125 of the Real Property Register Book as Alleuluiah Estate comprising (38a. 3r. 1p.); thence eastwards along the southern boundary of the said parcel of land to the western side of Calvary Branch Trace formerly known as Marine Branch Trace; thence proceeding in a generally north-westerly direction along the western side of the said Marine Branch Trace to a point where it is met by the extension of a line with bearing 349°.38' and forming part of the western boundary of a parcel of land leased now or formerly to S. P. Balmansingh and containing (5a. 3r. 03p.); MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 144 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO thence along that said line to the north-western corner of the said parcel; thence proceeding north-easterly along an imaginary straight line to the point at the 11/4 Mile Mark on the Blanchisseuse Road that is at the point of commencement. IV. Name of Corporation: The Mayor, Aldermen, Councillors and Citizens of the Borough of Point Fortin Law under which Established The Point Fortin Corporation Act, No. 12 of 1980 BOuNDARIeS OF The BOROuGh OF POINT FORTIN The Borough of Point Fortin comprises the area which is bounded as follows: NORTH —From the point on the sea coast at the northern end of Erin Road at the eastern boundary of Cedros Ward proceeding in a generally north-easterly direction along the said sea coast to the point on the West bank of Vance River. EAST —From the last mentioned point proceeding in a generally south-easterly direction along the West bank of the said river to the point where it is crossed by the Southern Main Road. SOuTH —From the last mentioned point proceeding in a generally south-westerly direction along the Southern Main Road to the point where it crosses the eastern boundary of Cedros Ward at Erin Road. WEST —From the last mentioned point proceeding in a generally northerly direction along Erin Road (the eastern boundary of Cedros Ward) to the sea coast at the point of commencement. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 Municipal Corporations Chap. 25:04 145 LAWS OF TRINIDAD AND TOBAGO L.R.O. Section 4. [8 of 1992]. SeCOND SCheDuLe LIST OF muNICIPAL CORPORATIONS eSTABLISheD uNDeR ThIS ACT FIRST PART I. Name of Corporation: The Mayor, Aldermen, Councillors and Citizens of the Borough of Chaguanas BOuNDARIeS OF The BOROuGh OF ChAGuANAS The Borough of Chaguanas comprises the area which is bounded as follows: NORTH —From the point at the mouth of the Madame Espagnol River on the sea coast proceeding first in a generally easterly then north-easterly direction along the West bank of the Madame Espagnol River to Bejucal Canal; thence northwards along Bejucal Canal to the point where it crosses the northern boundary of the Ward of Chaguanas; thence eastwards along the said Ward Boundary to and along Munroe Road to Cunupia Railway Station Road; thence continuing eastwards along Cunupia Railway Station Road to the point where it meets the Southern Main Road. EAST —From the last mentioned point proceeding in a generally southerly direction along the Southern Main Road to the point where it meets the West bank of the Cunupia River; thence in a generally south-easterly direction along the West bank of the Cunupia River to its confluence with the Claire Le Riche River also known as the Ghandia River; thence in a generally south-westerly direction along the West bank of the Claire Le Riche River also known as the Ghandia River to the point where it is crossed by the Ragoonannan Road; thence westwards along Ragoonannan Road to Longdenville Local Road; thence southwards along Longdenville Local Road to Poker Road; thence eastwards along Poker Road to Paul Augustus Road; thence southwards along Paul Augustus Road to Depot Road; thence in a generally westerly direction along Depot Road to the north-western corner of lands of Rampall (15a. 0r. 0p.); thence southwards along the western boundary of lands of Rampall (15a. 0r. 0p.); thence southwards along the western boundary of lands of Rampall (15a. 0r. 0p.); to its MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 146 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO south-western corner at the Trinidad Government Railway Reserve formerly known as the Rio Claro Line; thence north-westwards along the said railway reserve to Railway Road; thence southwards along Railway Road to Caparo Valley-Brasso Road; thence in a generally southerly direction along Caparo Valley-Brasso Road to the point where it crosses the North bank of the Caparo River. SOuTH —From the last mentioned point proceeding westwards along the North bank of the Caparo River to the North bank of the Honda River; thence first westward and thence north westward along the North bank of the Honda River to the North bank of the Caparo River; thence in a generally westerly direction along the North bank of the Caparo River to the point at its mouth on the sea coast. WEST —From the last mentioned point proceeding in a generally northerly direction along the said sea coast to the point at the mouth of the Madame Espagnol River at the point of commencement. SeCOND PART I. Name of Corporation: The Chairman, Aldermen, Councillors and Electors of the Region of Diego Martin BOuNDARIeS OF The ReGION OF DIeGO mARTIN The Region of Diego Martin comprises the area which is bounded as follows: NORTH —From the Point Rouge on the sea coast proceeding in a generally north-easterly direction along the said sea coast to the point where it meets the eastern boundary of the Ward of Diego Martin. EAST —From the last mentioned point proceeding in a southwards and then south-westwards direction along the eastern boundary of the Ward of Diego Martin to the point at its south-eastern boundary at the northern boundary of the City of Port-of-Spain where Saddle Road meets Cotton Hill. SOuTH —From the last mentioned point proceeding in a generally north-westerly and then westerly direction alongAND EAST MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 Municipal Corporations Chap. 25:04 147 LAWS OF TRINIDAD AND TOBAGO L.R.O. Saddle Road to Long Circular Road; thence westwards along Long Circular Road to Belle Vue Road; thence north westwards along Belle Vue Road to the point where it crosses the West bank of Belle Vue Ravine; thence in a generally south westerly direction along the West bank of the Belle Vue Ravine into and along the South bank of the Bournes Road Ravine to Murray Ravine thence in a generally north-westerly direction along the South bank of the Murray Ravine to a point on the boundary between lands now or formerly of Charles Ross and the Public Cemetery; thence south-westwards along the said boundary line passing between the lands now or formerly of Charles Ross and the Public Cemetery to a point on the southern boundary of Fort George Road; thence in a generally south-westerly direction along the southern boundary of Fort George to a point about 1,330 feet from the junction of the said Fort George Road with the Western Main Road; thence on a bearing of 290°.06' crossing Fort George Road to a monument; thence on the same bearing for a distance of 2,679.6 feet to a monument; thence on a bearing of 299°.09' for a distance of 173.2 feet to a monument at the north-western corner of lands of the Church of England; thence proceeding south-westwards along an imaginary straight line passing along the western boundary of the lands of the Church of England to the point at its south-western boundary at Ocean Avenue on the sea coast; thence proceeding first in a generally westerly and then northerly direction along the said sea coast to Point Rouge at the point of commencement. This Regional District includes the islands of Chacachacare, Huevos, Monos, Gaspar Grande, Gasparillo, Carrera, Cronstadt, the Five Islands and all other small islands as lie in close proximity to the said regional district. II. Name of Corporation: The Chairman, Aldermen, Councillors and Electors of the Region of San Juan/Laventille BOuNDARIeS OF The ReGION OF SAN JuAN/LAveNTILLe The Region of San Juan/Laventille comprises of: NORTH —From the point of the sea coast at the north-western boundary of the Ward of St. Ann’s proceeding in a generally easterly direction along the sea coast to the point at the mouth of the yarra River. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 148 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO EAST —From the last mentioned point proceeding in a generally southerly direction along the yarra River to the point at its source at a ridge of hills forming part of the Northern Range (southern boundary of Blanchisseuse Ward) thence north westwards along the said ridge of hills forming part of the Northern Range (southern boundary of Blanchisseuse Ward) to the point where it crosses the eastern boundary of the Ward of St. Ann’s; thence in a generally southerly direction along the eastern boundary of the Ward of St. Ann’s to the point at its junction with Hutton Road and the Eastern Main Road; thence westwards along the Eastern Main Road to the point at the junction with the uriah Butler Highway; thence in a generally southerly direction along the uriah Butler Highway to the point where it crosses the northern boundary of the Ward of Chaguanas (Munroe Road). SOuTH —From the last mentioned point proceeding westwards along the northern boundary of the said Ward (Munroe Road) to the point where it is crossed by Bejucal Canal; thence southwards along Bejucal Canal to its confluence with Madam Espagnol River, thence in a generally south-westerly and then in a westerly direction along the west bank of the Madam Espagnol River to the point at its mouth on the sea coast. WEST —From the last mentioned point proceeding in a generally north westerly direction along the said sea coast to the point at the mouth of the Caroni River; thence in a generally northerly and then westerly direction along the sea coast to the point where an imaginary straight line drawn southwards from the south eastern boundary of the Powder Magazine meets it; thence proceeding northwards along the said imaginary straight line to the south-eastern boundary of the Powder Magazine, (the eastern boundary of the City of Port-of-Spain); thence continuing northwards along the said imaginary straight line to the point on Laventille Road; then north-eastwards along Laventille Road and continuing northwards along the eastern boundary of the City of Port-of-Spain to Santa Barbara Ravine; thence in a generally north-westerly direction along Santa Barbara Ravine; to the Point where it is crossed by Belle Eau Road; thence north-westwards along Belle Eau Road to the point where it meets Blenman Lane; thence proceeding northwards along the eastern boundary of the City of Port-of Spain to the point at its north-eastern boundary on Lady young Road; thence westwards and then south-westwards along the MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 Municipal Corporations Chap. 25:04 149 LAWS OF TRINIDAD AND TOBAGO L.R.O. Lady young Road to its intersection with Circular Road; north-westwards along Circular Road to its junction with Cotton Hill at the western boundary of the Ward of St. Ann’s; thence north-eastwards along the western boundary of the Ward of St. Ann’s to the point where it meets a ridge of hills separating the St. Ann’s and the Santa Cruz Valleys; thence northwards along the said Ward boundary to the point at its north-western boundary on the sea coast at the point of commencement. III. Name of Corporation: The Chairman, Aldermen, Councillors and Electors of the Region of Tunapuna/Piarco BOuNDARIeS OF The ReGION OF TuNAPuNA/PIARCO The Region of Tunapuna/Piarco comprises of: NORTH —From the point of the sea coast at the mouth of the yarra River proceeding in a generally easterly direction along the sea coast to the point on the north-eastern boundary of the County of St. George (as described in section 2 of the Division of Trinidad Act, Ch. 26:01). EAST —From the last mentioned point proceeding in a generally southerly direction along the eastern boundary of the County of St. George (as described in section 2 of the Division of Trinidad Act, Ch. 26:01) to wit: “by a line commencing from the sea at the point North of the north eastern corner of land originally granted to Bascillia Coa and running South along the eastern boundary of the said lands and the eastern boundaries of lands originally granted to Luciana Casadillo, Edward John and Bascillia Romero and thence southwards until it reaches the crest of the ridge of hills forming the eastern watershed of the Madamas River; thence along the eastern and southern watershed of the Madamas River to Aripo Trigonometrical Station No. 86; thence along the western watershed of the Cuare River to that spur on which Palmar Trigonometrical Station No. 87 is situate and along the above-mentioned spur to the west bank of the Aripo River; thence in a generally southerly direction along the west bank of the Aripo River to the point at its confluence with the Caroni River. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 150 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO SOuTH —From the last mentioned point proceeding in a generally south-westerly direction along the north bank of the Caroni River to El Carmen Branch Road; thence in a generally south-westerly direction along El Carmen Road to Caroni Road also known as Caroni South Bank Road; thence in a generally southerly direction along the latter road to the point where it crosses the north bank of the Guayamare River; thence in a generally westerly direction along the north bank of the Guayamare River to the point where it crosses the eastern boundary of Mon Plaisir Estate at the Mon Plaisir Branch Trace; thence southwards along the said trace passing along the eastern boundary of the Mon Plaisir Estate to Mon Plaisir Road to the point where it meets the Southern Main Road; thence southwards along the Southern Main Road to the point where it meets the Cunupia Railway Station Road; thence proceeding westwards along the Cunupia Railway Station Road to Munroe Road to the point where it meets uriah Butler Highway. WEST —From the last mentioned point proceeding in a generally northerly direction along the uriah Butler Highway to the point at its junction with the Eastern Main Road; thence eastwards along the Eastern Main Road to the point at its junction with Hutton Road at its western boundary of the Ward of Tacarigua; thence in a generally northerly direction along the western boundary of the Ward of Tacarigua to its northern boundary; thence eastwards along the northern boundary of the Tacarigua Ward (Main Ridge of hills forming part of the Northern Range) to the point at the south western boundary of lands to Carlos Prieto (10a. 2r. 11p.); thence proceeding eastwards along the said Ward boundary to the point at the source of the Caura River; thence south eastwards along the said ridge of hills forming part of the Northern Range (southern boundary of the Blanchisseuse Ward) to the source of the yarra River; thence in a generally northerly direction along the yarra River to the point at its mouth on the sea coast at the point of commencement. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 Municipal Corporations Chap. 25:04 151 LAWS OF TRINIDAD AND TOBAGO L.R.O. IV. Name of Corporation: The Chairman, Aldermen, Councillors and Electors of the Region of Sangre Grande BOuNDARIeS OF The ReGION OF SANGRe GRANDe The Region of Sangre Grande comprises the area which is bounded as follows: NORTH —From the point on the sea coast at a point North of the north eastern corner of lands originally granted to Bascilla Coa on the north-eastern boundary of the County of St. George (as described in section 2 of the Division of Trinidad Act, Ch. 26:01) proceeding in a generally easterly direction along the said sea coast to Galera Point. EAST —From the last mentioned point proceeding in a generally southerly direction along the sea coast to the point at the North bank of the Dubloon River at its mouth. SOuTH —From the last mentioned point proceeding westwards along an imaginary straight line across Nariva Swamp to the point where Plum Mitan Road crosses the North bank of the Poole River; thence continuing in a generally westerly direction along the North bank of the Poole River to the point where it crosses the eastern boundary of the Central Range Reserve; thence proceeding westwards along an imaginary straight line passing across the Central Range Reserve (39,706a. 2r. 34p.) to the point where the Guaico-Tamana Road meets Edwards Trace; thence southwards along Guaico-Tamana Road to the northern boundary of the Central Range Forest Reserve (40,151a. 1r. 11p.) thence westwards along the northern boundary of the said Reserve to the point where it is crossed by the Cumuto Main Road. WEST —From the last mentioned point proceeding in a generally northerly direction along Cumuto Main Road to its junction with Tamana Road at the eastern boundary of the County of St. George (as described in section 2 of the Division of Trinidad Act, Ch. 26:01); thence proceeding in a generally northerly direction along the eastern boundary of the County of St. George to its north-eastern boundary (as described in section 2 of the Division of Trinidad Act, Ch. 26:01) on the sea coast at a point North of the north-eastern corner of lands originally to Bascilla Coa at the point of commencement. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 152 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO V. Name of Corporation: The Chairman, Aldermen, Councillors and Electors of the Region of Mayaro/Rio Claro BOuNDARIeS OF The ReGION OF mAyARO/RIO CLARO The Region of Mayaro/Rio Claro comprises of: NORTH —From the point where the Guaico-Tamana Road meets Edwards Trace proceeding eastwards along an imaginary straight line passing across the Central Range Reserve (39,706a. 2r. 34p.) to the point where the north bank of the Poole River crosses the eastern boundary of the Central Range Reserve; thence in a generally easterly direction along the north bank of the Poole River to the point where it crosses Plum Mitan Road; thence proceeding eastwards along an imaginary straight line passing across the Nariva Swamp to the point on the sea coast at the north bank of the Dubloon River at its mouth. EAST —From the last mentioned point proceeding in a generally southerly direction along the sea coast to Galeota Point. SOuTH —From the last mentioned point proceeding in a generally westerly direction along the sea coast to a point on the south-western boundary of the Trinity Ward at Canari Point. WEST —From the last mentioned point proceeding northwards along the western boundary of the said Ward to the point at its north western boundary at the north bank of the Poole River; thence in a generally westerly direction along the north bank of the Poole River to the point where it meets the north-western corner of lands of Augustin Valdez (4a. 2r. 22p.); thence proceeding eastwards along the northern boundary of lands of Augustin Valdez (4a. 2r. 22p.) and a contiguous parcel owned by the said Augustin Valdez (9a. 3r. 16p.) to its north-eastern boundary where it abuts San Pedro Trace; thence in a generally north-easterly direction along the said trace to San Pedro Road; thence northwards along San Pedro Road to the point where it crosses the Trinidad Government Railway Reserve formerly known as the Rio Claro Line, thence eastwards along the said Railway Reserve to the south-eastern corner of lands of Richard O’Connor (19a. 3r. 27p.); thence northwards along the eastern boundary of the said lands to its north-eastern corner at the Tabaquite-Rio Claro Road; thence MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 Municipal Corporations Chap. 25:04 153 LAWS OF TRINIDAD AND TOBAGO L.R.O. north-westwards along the said road to Mahangasingh Trace; thence north-eastwards along the said trace to Mahangasingh Crown Trace; thence northwards along the said Mahangasingh Crown Trace to the killdeer Crown Trace; thence proceeding northwards along an imaginary straight line to and along the eastern boundary of the Central Range Reserve to the Guaico Tamana Road; thence in a generally easterly and then northerly direction along Guaico-Tamana Road to the point where it meets Edwards Trace at the point of commencement. VI. Name of Corporation: The Chairman, Aldermen, Councillors and Electors of the Region of Princes Town BOuNDARIeS OF The ReGION OF PRINCeS TOWN The Region of Princes Town comprises the area which is bounded as follows: NORTH —From the point where the Solomon Hochoy Highway crosses the South bank of the Guaracara River proceeding in a generally north-easterly direction along the South bank of the said river to the point where it is crossed by Piparo Road; thence north-eastwards along Piparo Road to Pascual Road; thence south-eastwards along Pascual Road to St. John’s Trace; thence in a generally north-easterly direction along St. John’s Trace into and along St. John’s Road to the South bank of the Poole River; thence in a generally south-easterly direction along the South bank of the said river to the point where it crosses the eastern boundary of the Ward of Ortoire (also the eastern boundary of the County of Victoria). EAST —From the last mentioned point proceeding southwards along the eastern boundary of the County of Victoria to the point at its south-eastern corner on the sea coast at Canari Bay. SOuTH —From the last mentioned point proceeding in a generally westerly direction along the sea coast to the point where the Grande Riviere River meets the western boundary of the Moruga Ward at Negra Point. WEST —From the last mentioned point proceeding due North along the western boundary of the Ward of Moruga to Rochard Douglas Road; thence eastwards along Rochard Douglas Road to kanhai Road; thence northwards to kanhai Road to MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 154 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO St. Croix Road; thence in a generally north-westerly direction along St. Croix Road to Cipero Road; thence in a generally north-westerly direction along Cipero Road to the point along its junction with Corinth Road; thence in a generally north-easterly direction along Corinth Road to Naparima-Mayaro Road; thence eastwards along Naparima Mayaro Road to Allamby Street; thence in a generally northerly direction along Allamby Street to Allamby Street Extension; thence in a generally north-easterly direction along Allamby Street Extension to the point of the junction of Tarouba Road and Solomon Hochoy Highway; thence in a generally northerly direction along the said Highway to the point where it crosses the South bank of Guaracara River at the point of commencement. VII. Name of Corporation: The Chairman, Aldermen, Councillors and Electors of the Region of Couva-Tabaquite-Talparo BOuNDARIeS OF The ReGION OF COuvA-TABAquITe-TALPARO The Region of Couva-Tabaquite-Talparo comprises of: NORTH —From the point at the junction of the Southern Main Road and Mon Plaisir Road to Mon Plaisir Branch Trace; thence northwards along the said Branch Trace passing along the eastern boundary of Mon Plaisir Estate (425a. 0r. 13p.) to the point where it crosses the south bank of the Guayamare River; thence eastwards along the south bank of the said river to the point where it is crossed by Caroni Road also known as the Caroni South Bank Road; thence in a generally northerly direction along Caroni Road to El Carmen Branch Road; thence in a generally north easterly direction along El Carmen Branch Road to the point where it crosses the South bank of the Caroni River; thence in a generally north-easterly direction along the south bank of the said river to the point at the confluence of the Caroni, the Aripo and the Cumuto Rivers (the easterly boundary of the County of St. George as described in section 2 of the Division of Trinidad Act, Ch. 26:01). EAST —From the last point mentioned proceeding in a generally southerly direction along the eastern boundary of the County of St. George (as described in section 2 of the Division of MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 Municipal Corporations Chap. 25:04 155 LAWS OF TRINIDAD AND TOBAGO L.R.O. Trinidad Act, Ch. 26:01), to the point at the junction of Tamana Road and Cumuto Main Road; thence in a generally southerly direction along Cumuto Main Road to the point where it crosses the northern boundary of the Central Range Reserve; thence eastwards along the northern boundary of the Central Range Reserve to the point on Guaico-Tamana Road; thence in a generally southerly and then westerly direction along Guaico-Tamana Road to the point where it crosses the eastern boundary of the Central Range Reserve, thence southwards along the eastern boundary of the said Reserve to and along an imaginary straight line drawn due North from the junction of Mahangasingh Crown Trace and the Branch of killdeer Crown Trace, thence proceeding southwards along the said imaginary straight line to the junction of Mahangasingh Crown Trace and the Branch of killdeer Crown Trace; thence southwards along Mahangasingh Crown Trace to Tabaquite-Rio Claro Road; thence south-eastwards along the said road to the north-eastern corner of lands of Richard O’Connor (19a. 3r. 27p.); thence southwards along the eastern boundary of the said lands to its south-eastern corner of the Trinidad Government Railway Reserve formerly known as the Rio Claro Line, thence westwards along the said Railway Reserve to the point where it is crossed by San Pedro Road; thence southwards along the said road to San Pedro Trace; thence in a generally south-westerly direction along the said Trace to the north-eastern corner of lands of Augustin Valdez (9a. 3r. 16p.); thence westwards along the northern boundaries of the said lands and a contiguous parcel owned by the said Augustin Valdez to the point where it meets the east bank of the Poole River. SOuTH —From the last mentioned point proceeding in a generally north-westerly direction along the northern bank of the Poole River to the point where it is crossed by St. John’s Road; thence south-westwards along St. John’s Road into and along St. John’s Trace to Pascual Road; thence north-westwards along Pascual Road to Piparo Road; thence south-westwards along Piparo Road to the point where it crosses the north bank of the Guaracara River; thence in a generally south westerly direction along the north bank of the said river to the point where it is crossed by Solomon Hochoy Highway; thence proceeding in a generally westerly direction along the north bank of the Guaracara River to the point of its mouth at the sea coast. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 156 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO VIII. Name of Corporation: The Chairman, Aldermen, Councillors and Electors of the Region of Penal/Debe BOuNDARIeS OF The ReGION OF PeNAL/DeBe The Region of Penal/Debe comprises the area which is bounded as follows: NORTH —From the point at the junction of Corinth Road and Cipero Road, proceeding in a generally south-easterly direction along Cipero Road to a point at its junction with St. Croix Road. WEST —From the last mentioned point proceeding in a generally northerly direction along the said sea coast to the point at the mouth of the Caparo River; thence proceeding in a generally easterly direction along the south bank of the Caparo River to its confluence with the Honda River to and along the south bank of the Caparo River to the point where it is crossed by the Caparo Valley-Brasso Road; thence continuing northwards along the Caparo Valley-Brasso Road to Railway Road; thence north-westwards along Railway Road to the point where it crosses a Railway Reserve formerly known as the Rio Claro Line; thence south-eastwards along the said Railway Reserve to the south-western corner of lands of Rampall (15a. 0r. 0p.); thence northwards along the western boundary of the said parcel of land to the point where it is crossed by Depot Road; thence in a generally easterly direction along Depot Road to Paul Augustus Road; thence in a generally northerly direction along Paul Augustus Road to Pokor Road; thence westwards along Pokor Road to Longdenville Local Road; thence northwards along Longdenville Local Road to Ragoonannan Road; thence eastwards along Ragoonannan Road to the point where it crosses the east bank of the Claire Le Riche River (Ghandia River); thence in a generally north-easterly direction along the east bank of the Claire Le Riche River (Ghandia River) to its confluence with the Cunupia River; thence in a generally north-westerly direction along the east bank of the Cunupia River to the point where it is crossed by the Southern Main Road; thence in a generally northerly direction along the Southern Main Road to the point at its junction with Mon Plaisir Road at the point of commencement. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 Municipal Corporations Chap. 25:04 157 LAWS OF TRINIDAD AND TOBAGO L.R.O. EAST —From the last mentioned point proceeding in a generally southerly direction along St. Croix Road to kanhai Road; thence southwards along kanhai Road to Rochard Douglas Road; thence westwards along Rochard Douglas Road to the north-eastern boundary of the Ward of Siparia; thence southwards along the eastern boundary of the Ward of Siparia to the point at its south-eastern boundary on the sea coast at Negra Point. SOuTH —From the last mentioned point proceeding in a generally westerly direction along the said sea coast to the point where Penal-Quinam Road meets it. WEST —From the last mentioned point proceeding in a generally northerly direction along Penal-Quinam Road to Coora Road; thence northwards along Coora Road to the point where it crosses the East bank of the Coora River; thence in a generally north-easterly direction along Coora River to its confluence with Blackwater Channel; thence in a generally north-westerly direction along Blackwater Channel to the point where an imaginary straight line drawn south-westwards from the south eastern boundary of lands of G. Parbhoo and others (4a. 3r. 32p.) meets it; thence proceeding north-eastwards along the said imaginary straight line to the south-eastern boundary of lands of G. Parbhoo and others (4a. 3r. 32p.) where it abuts the South bank of the Godineau River (the Southern boundary of Naparima Ward); thence north-westwards along the South bank of the said river to the point at its mouth on the sea coast; thence in a generally north-easterly direction along the said sea coast to the mouth of the Oropouche River; thence southwards along Oropouche River to the point where it is crossed by the South Trunk Road; thence in a generally north-easterly direction along the South Trunk Road to the San Fernando Bye-Pass; thence northwards along the said Bye-Pass; to the point where it crosses the north bank of Cipero River; thence in a generally easterly direction along the north bank of the Cipero River to the point where it meets the prolongation of Corinth Road; thence northwards along the said prolongation of Corinth Road to its junction with Cipero Road and Corinth Road at the point of commencement. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 158 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO IX. Name of Corporation: The Chairman, Aldermen, Councillors and Electors of the Region of Siparia BOuNDARIeS OF The ReGION OF SIPARIA The Region of Siparia comprises the area which is bounded as follows: NORTH —From Los Gallos Point on the sea coast proceeding in a generally north-easterly direction along the said coast to the Guapo-Cap-de-Ville Road (The Eastern Boundary of Cedros Ward); thence southwards along Guapo-Cap-de Ville Road (Eastern Boundary of Cedros Ward) to the Southern Main Road, thence in a generally north-easterly direction along the Southern Main Road to the point where it crosses the East bank of the Vance River; thence in a generally north-westerly direction along the East bank of the Vance River to its mouth on the sea coast; thence in a generally north-easterly direction along the said sea coast to the point at the mouth of the Godineau River. EAST —From the last mentioned point proceeding in a generally south-easterly direction along the South bank of the Godineau River (the northern boundary of the Siparia Ward) to the point where the south-eastern boundary of lands of G. Parbhoo and others (4a. 3r. 32p.) meets it; thence proceeding south-westwards along an imaginary straight line to the point on Blackwater Channel; thence south-eastwards along Blackwater Channel to its confluence with Coora River; thence in a generally south-westerly direction along the west bank of the Coora River to the point where it is crossed by Coora Road; thence southwards along Coora Road to Penal-Quinam Road; thence in a generally southerly direction along Penal-Quinam Road to the point on the sea coast. —From the last mentioned point proceeding westwards and thence north-eastwards along the said sea coast to Los Gallos Point at the point of commencement. SOuTH AND WEST MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 Municipal Corporations Chap. 25:04 159 LAWS OF TRINIDAD AND TOBAGO L.R.O. Section 11(2). Section 12(2). Section 24(1). Name of Municipality 1. City of Port-of-Spain 2. City of San Fernando 3. Borough of Arima 4. Borough of Point Fortin 5. Borough of Chaguanas Number of Electoral Districts 12 9 7 6 8 Number of Aldermen 4 3 2 2 2 ThIRD SCheDuLe NumBeR OF COuNCILLORS AND ALDeRmeN TO Be eLeCTeD TO The COuNCIL OF eACh CORPORATION FOuRTh SCheDuLe DeCLARATION TO Be mADe By PeRSON eLeCTeD TO A CORPORATe OFFICe I, .................................................................................................................... having been elected (Mayor/Deputy Mayor/Alderman/Councillor) for the Municipality of .................................. do hereby declare that I take the said office upon myself and will duly and faithfully fulfil the duties thereof according to the best of my judgment and ability and declare that I am qualified as follows: *(a) I am entitled to be and I am in fact enrolled as a burgess of the Borough for the year commencing the 1st November, ........... (b) I am a citizen of the Republic of Trinidad and Tobago. *Not applicable to Aldermen. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 160 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO FIFTh SCheDuLe WARRANT TO The POLICe OFFICeR ON DuTy AT The POLICe STATION AND TO ALL OTheR POLICe OFFICeRS WHEREAS ................................................................................... was found by me the undersigned, a Municipal Police Officer for the Municipality of ........................... under circumstances which rendered him the said ........................................ liable to be arrested by me under the Municipal Corporations Act, Ch. 25:04 and I arrested him accordingly. NOW THESE PRESENTS are to authorise and require you the Police Officer on duty at the police station above-mentioned and to authorise all other Police Officers to keep and detain the said ...................................................... at the said police station until he is taken before some Justice of the Peace to be dealt with according to the law or until the expiration of forty-eight hours from the time when he is received into custody at the said station whichever first happens, and for doing so this shall be your warrant. Witness my hand this ......................... day of ............................... , 20....... .................................................... Signed (rank) Municipal Police Officer of Section 54(4). Section 81(1). SIxTh SCheDuLe FORm A ASSeSSmeNT ReTuRN To the Owner: Premises No. ........................ TAkE NOTICE that you are hereby required pursuant to the provisions of section 81(1) of the Municipal Corporations Act, Ch. 25:04 to send in to the Assessor or to the Council of the Municipal Corporation of ................. which office is situate at ............................................................ within fourteen days after the service of this notice, a return on this form for the purpose of enabling the Assessor to fix the assessment of your premises for the year. ............................................................... Assessor/Authorised Officer MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 Municipal Corporations Chap. 25:04 161 LAWS OF TRINIDAD AND TOBAGO L.R.O. ReTuRN RequIReD uNDeR SeCTION 81(1) OF The muNICIPAL CORPORATIONS ACT, Ch. 25:04 I HEREBy DECLARE that I am the owner or agent of the premises mentioned hereunder, and that the several particulars stated in this return are to the best of my knowledge and belief true and correct. 1. Premises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2. Name of owner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3. For what purpose used . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4. Whether rented or leased or occupied by owner . . . . . . . . . . . . . . . . . . . (a) If rented, (i) Number of rooms occupied by Tenants . . . . . . . . . . . (ii) Name of Tenant or Tenants, with monthly rent payable by each . . . . . . . . . . . . . . . . . . . . . . . . . . . . (If space here provided is not sufficient, details must be given on the back hereof or on a separate sheet) (iii) Number of rooms untenanted, with rental value of each . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (iv) Rent paid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (v) Whether tenant pays land rent of site; if so, how much? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) If leased—name of lessee . . . . . . . . . . . . . . . . . . . . . . . . . . . Rent reserved under lease . . . . . . . . . . . . . . . . . . . . per year. Whether lessee pays the rates . . . . . . . . . . . . . . . . . . . . . . . . . Whether lessee pays premiums of insurance and if so how much they amount to? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Whether lessee pays land rent of site and if so how much? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) If occupied by owner or relatives—rental value thereof: $ ................................... If occupied by owner or relatives—part thereof: $................................... 5. Additions or alterations to buildings (if any) since date of last return . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Signature of Owner or his Agent ........................................................... MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 162 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO Dated this ....................... day of ............................... , 20 .............. Address of Owner or Agent ............................................................... N.B.—Every person who fails to send in the above return to the Assessor or to the Council of the Municipal Corporation of .............................. which office is situate at ............................................................. within fourteen days next after service of the form on the premises above described, or who makes a return which is defective or incomplete or wilfully false in any particular, is liable to a penalty not exceeding forty-eight dollars. Section 86(3). FORm B NOTICe OF COmPLeTION OF hOuSe RATe BOOk FOR The yeAR FROm 1ST JANuARy TO The 31ST DeCemBeR, 20.......... NOTICE IS HEREBy given, pursuant to the provisions of the Municipal Corporations Act, Ch. 25:04 that the House Rate Book for the year from 1st January to the 31st December, 20......, is now completed and deposited in the office of the Chief Executive Officer and will be open during the office hours thereat to the inspection of all ratepayers without payment of any fee this day until the ............................... day of ....................................... 20...... N.B.—Any owner who has not been served with an Assessment Notice may, at any time not later than fourteen days next after the first publication of this Notice, send in to the Chief Executive Officer his objection in writing to the annual rateable value at which his premises are assessed in the House Rate Book. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 Municipal Corporations Chap. 25:04 163 LAWS OF TRINIDAD AND TOBAGO L.R.O. SeveNTh SCheDuLe PAvING OF FOOTWAyS—NOTICe OF APPORTIONmeNT OF ONe-hALF COST To the Owner: Address:............................................................................................. in the Municipality of ......................................................................... WHEREAS the Mayor, Councillors, Aldermen and Electors of ........................................................................................................in exercise of the power vested in them by Part VII of the Municipal Corporations Act, Ch. 25:04 have caused the footway (or portion of the footway) on the side of the street known as ............................................... Street, in the Municipality of .......................................... to be paved; And whereas the expenses incurred by the Council in such paving amount to the sum of $ ............................... one-half thereof being the sum of $......................................; And whereas the Engineer has made apportionment of the sum of $........................ among the several premises abutting on such footway; And whereas such apportionment was approved by the Council at a meeting of the Council held on the ................................................ day of ....................................... , 20................; And whereas in such apportionment the sum of $ ..................... is entered as representing the apportioned share payable in respect of the said premises No. ............................................. Street. TAkE NOTICE that the said sum of $ ................................... is due and payable by you to the ................................... Council by three equal yearly instalments, the first whereof to be paid one year from the date of the service of this notice, with interest thereon at the rate of ............................ per cent per annum. AND FuRTHER TAkE NOTICE that, until payment of the said sum of $................................... and interest thereon as aforesaid, the said premises shall stand and remain charged with the said sum of $ ................................. or so much thereof as shall from time to time remain unpaid, with interest thereon at the rate above-mentioned. N.B.—you may pay the whole of the said sum of $................................... (the apportioned share) within one month from the date of the service of this notice, and if so paid, the same will be received without interest in full satisfaction of the above claim. Section 147(7). (State here address of premises) MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 164 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO eIGhTh SCheDuLe CONTINuATION OF exISTING LAWS 1. In respect of the City of Port-of-Spain and insofar as such laws were in force at the commencement of this Act— The Seventh and Ninth Schedules to the Port-of-Spain Corporation Ordinance, Ch. 39. No. 1 (1950 Edition). 2. In respect of the City of San Fernando and insofar as such laws were in force at the commencement of this Act— The Fifth and Seventh Schedules to the San Fernando Corporation Ordinance, Ch. 39. No. 7 (1950 Edition). 3. In respect of the Borough of Arima and insofar as such laws were in force at the commencement of this Act— The Fifth and Seventh Schedules to the Arima Corporation Ordinance, Ch. 39. No. 11 (1950 Edition). 4. In respect of the Borough of Point Fortin and insofar as such laws were in force at the commencement of this Act— The Sixth Schedule to the Point Fortin Corporation Act, 1980 (Act No. 12 of 1980). 5. In respect of the several Municipalities referred to in the Second Schedule to this Act and insofar as such laws were in force at the commencement of this Act— The Public Health (Streets and Buildings) Bye Laws, made under the Public Health Ordinance, Ch. 12. No. 4 (1950 Edition). Section 160. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 Municipal Corporations Chap. 25:04 165 LAWS OF TRINIDAD AND TOBAGO L.R.O. NINTh SCheDuLe FORm A RemOvAL OF hOuSe—NOTICe By OWNeR OF hOuSe To the Chief Executive Officer: Municipal Corporation of ..................................................................... I, ................................................................................................. the undersigned, the owner of the house now numbered and assessed as No....................., standing on land belonging to ................................. DO HEREBy give you notice that I intend to remove (or pulldown, as the case may be) the said house from its present site on or before the .................................... day of .................................... , 20....... Dated this .............................. day of ...................................., 20 ....... ........................................................ Address: ............................................................................................ FORm B RemOvAL OF hOuSe—NOTICe By OWNeR OF LAND ON WhICh hOuSe STOOD To the Chief Executive Officer: Municipal Corporation of ..................................................................... I, ................................................................................................. the undersigned, the owner of the land on which stood the house heretofore numbered and assessed as No. .................................................. HEREBy NOTIFy you that the said house was removed (or pulled down, as the case may be), from my said land on or about the ...................... day of ..............................., 20 ........ ........................................................ Address: ............................................................................................................. Section 164(2). Section 165(2). Signature of Owner of House Signature of Owner of Land MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 166 Chap. 25:04 Municipal Corporations LAWS OF TRINIDAD AND TOBAGO Section 231(5). TeNTh SCheDuLe WARRANT FOR eNTRy ON PRemISeS WHEREAS ................................................................................................... being a person authorised under the Municipal Corporations Act, Ch. 25:04, to enter certain premises ......................................................................................... has made application to me to authorise him the said ......................................... to enter the said premises, and whereas I, ................................................. am satisfied by information on oath that there is reasonable ground for such entry, and there has been a refusal or failure to admit the said .................................................................................. to such premises. NOW, THEREFORE, I, the said ............................................................. do hereby authorise the said .................................................................................... to enter the said premises, by force if need be, with such assistants as he may require, and there to execute his duty under the Municipal Corporations Act, Ch. 25:04. Dated this .......... day of ....................................., 20....... ............................................................. (Name of Authorised person) (Describe here the premises) (Name of Authorised person) (Name of Authorised person) (Name of Authorised person) Magistrate MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 Municipal Corporations Chap. 25:04 167 LAWS OF TRINIDAD AND TOBAGO L.R.O. SuBSIDIARy LeGISLATION muNICIPAL CORPORATIONS ORDeR made under section 187(2) 1. This Order may be cited as the Municipal Corporations Order. 2. The application of Part VIII of the Municipal Corporations Act is extended to the following Municipalities: (a) the Region of Diego Martin; (b) the Region of San Juan/Laventille; (c) the Region of Tunapuna/Piarco; (d) the Region of Sangre Grande; (e) the Region of Mayaro/Rio Claro; (f) the Region of Princes Town; (g) the Region of Couva/Tabaquite/Talparo; (h) the Region of Penal/Debe; and (i) the Region of Siparia. 133/1993. Citation. Extension of application. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 Municipal Corporations Chap. 25:04 168 [Subsidiary] muNICIPAL CORPORATIONS ORDeR made under sections 48(4) and 76(3) 1. This Order may be cited as the Municipal Corporations Order. 2. The application of Parts III and V of the Municipal Corporations Act is extended to the following Municipalities: (a) the Region of Diego Martin; (b) the Region of San Juan/Laventille; (c) the Region of Tunapuna/Piarco; (d) the Region of Sangre Grande; (e) the Region of Mayaro/Rio Claro; (f) the Region of Princes Town; (g) the Region of Couva/Tabaquite/Talparo; (h) the Region of Penal/Debe; and (i) the Region of Siparia. 194/1996. Citation. Application of Parts III and V. LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011