National Trust of Trinidad and Tobago Act, 1991 (No. 11 of 1991)

Legat Supplement Part A to the "Trinidad and Tobago Gazette", Vol. 30, No. 210, 19th August, 1991 Fifth Session Third Parliament Republic of Trinidad and Tobago REPUBLIC OF TRINIDAD AND TOBAGO Act No. 11 of 1991 [L.S.] AN AcT for the establishment and incorporation of the National Trust of Trinidad and Tobago and for matters incidental thereto. [Assented to 14th August, 1991] 112 Preamble Enactment Short title and commencement Interpretation No. 11 National Trust of Trinidad and Tobago 1991 WHEREAS it is enacted inter alia by subsection (1) of section 13 of the Constitution that an Act of Parliament to which that section applies may expressly declare that it shall have effect even though inconsistent with sections 4 and 5 of the Constitution and, if any such Act does so declare, it shall have effect accordingly: And whereas it is provided by subsection (2) of the said section 13 of the Constitution that an Act of Parliament to which that section applies is one the Bill for which has been passed by both Houses of Parliament and at the final vote thereon in each House has been supported by the votes of not less than three-fifths of all the members of that House: And whereas it is necessary and expedient that the provisions of this Act shall have effect even though incon sistent with sections 4 and 5 of the Constitution: ENACTED by the Parliament of Trinidad and Tobago as follows: PART I PRELIMINARY 1. (1) This Act may be cited as the National Trust of Trinidad a.nd Tobago Act, 1991. (2) This Act shall come into operation on a day to be fixed by the President by proclamation. 2. In this Act "appointed member" means a member of the Council appointed by the Minister under section 12; "Council" means the Council of the Trust; ''listed property'' means listed property of interest; "listing" means the identification, cataloguing and recording of any property of interest; "Minister" means the Minister to whom respon sibility for culture is assigned; "monument" means any building, structure or other work of man or nature, whether above or below the surface of the land or the floor of the sea, of national architectural, aesthetic or historic interest; No. 11 National Trust of Trinidad and Tobago 1991 "property of interest" means any monument and any fossil, place or site of natural beauty or national, historic, scientific or archeo logical interest; "Trust" means the National Trust of Trinidad and Tobago established by this Act. 3. (1) This Act binds the State. (2) This Act shall have effect even though inconsistent Application with sections 4 and 5 of the Constitution. chap. 1:01 PART II THE NATIONAL TRUST OF TRINIDAD AND TOBAGO 4. (1) For the purpose of this Act, The National Trust of Estab&hment Trinidad and Tobago is hereby established a body corporate ~! ~co~ora governed by the rules set out in the First Schedule attached National Trust hereto. (2) The Classes of Membership are ( a) ordinary Membership which shall consist of citizens of Trinidad and Tobago who shall be eligible and who shall make an application on the prescribed form and pay a membership fee which shall be fixed by the Trust in an amount not exceeding twenty-five dollars; (b) such other classes of membership as may be included in the Rules of the Trust set out in F' Sch d 1 the First Schedule. •rst e u e (3) The Rules of the Trust may be amended from time to time by special resolution passed by the Members of the Trust and approved in writing by the Minister. 5. The Trust is established for the purpose of carrying General out the functions given to it by this Act, which include- t~oses of the (a) listing and acquiring such property of interest as the Trust considers appropriate; (b) permanently preserving lands that are property of interest and as far as practicable, retaining their natural features and conserving the animal and plant life; 113 114 Powers of the Trust generally No. 11 National Trust of Trinidad and Tobago 1991 ( c) preserving, maintaining,. repa1rmg and servicing or, arranging for the preservation of property of interest other than land and where such property of interest comprises buildings, augmenting the amenities of such buildings and their surroundings; (d) making provision for the access to and enjoy ment of property of interest by the public; (e) encouraging research into property of interest including, where applicable any animal, plant or marine life associated therewith; (/) c om p i 1 in g photographic or architectural records of property of interest; (g) making the public aware of the value and beauty of the heritage of Trinidad and Tobago; and (h) advising the Government on the conservation and preservation of property of interest and on any ,or all of the matters referred to above. 6. Subject to this Act the Trust may- . (a) draw, accept and make and endorse, discount and negotiate bills of exchange and prom issory notes and all other negotiable instru ments pertaining to the business or operations of the Trust; (b) raise money by borrowing; (c) retain the services of professional and technical advisers and pay the fees of such advisers; ( d) employ upon a temporary or permanent basis professional, technical, clerical and other officers and servants and make provision for pensions and other incentives; (e) solicit funds by means of subscriptions, dona tions, bequests, grants and in such other manner as it considers expedient for the effective carrying out ofits functions; (f) impose charges upon the public for viewing or making use of property of interest vested in the Trust; No. 11 National Trust of Trinidad and Tobago 1991 (g) administer property of interest vested in the Trust so as to achieve the purposes of. this Act; and (h) improve the amenities of property of interest vested in the Trust by means of restoration, horticulture, agriculture, landscaping or otherwise. 7. (1) Subject to this section the Trust may- r~:~~:l (a) acquire by purchase, transfer, donation, ex-::}~~;~ change, demise, bequest, grant, gift, convey ance or otherwise any real or personal property or any estate or interest therein; (b) accept surrenders or reconveyarices and enter into contracts; ( c) sell, exchange, demise, mortgage, or otherwise dispose of and deal with all property which is for the time being vested in it subject to any restraint, reservation or condition in the document under which it acquires the title; (d) accept property in trust for a public purpose and act in a trust as, or· as the agent of, the trustee of any property dedicated to a public purpose; (e) maintain and manage or assist in the main tenance and management and preservation of property of interest under an agreement with the owner thereof. (2) Where a building or other structure that is listed is vested in the Trust, the Trust shalJ not sell or otherwise dispose of it except where ( a) an independent architectural report declares it to be incapable of being repaired or restored without such fundamental structural changes as would in effect be the creation of an entirely different or new structure; or (b) the purchaser or transferee, in the conveyance, covenants not to sell or otherwise dispose of the building or other structure without the express consent in writing of the Trust, which said covenant shall run with the land. 115 116 Listing of property of interest No. 11 National Trust of Trinidad and Tobago 1991 (3) The Trust shall not, without the prior approval of the Minister, exercise a power given by subsection (l)(c) in respect of a listed monument. 8. (1) The Trust may with the approval of the Minister and in accordance with principles and procedures laid down in regulations made under section 29: (a) prepare a list of buildings and sites of particular national, historic or architectural interest which should be preserved as listed properties and can effectively be so preserved under the provisions of this Act and any such list shall describe the lands included in the list with precision either in words or by reference to a registered deed or Certificate of Title or State Grant; (b) prepare list of properties of interest not falling under paragraph (a) above or categories of such properties which should be preserved as listed properties under the provisions of this Act; ( c) revoke the listing of any property or revise the listing of any category of property. (2) On approval by the MinisteF of any list or any revocation of any listing prepared under subsection (1 ), such list revocation or revision shall be published in the Gazette and the properties or categories of property comprised therein shall thereupon be or cease to be as the case may be, listed property under this Act. (3) Prior to the publication in the Gazette of any list prepared under subsection (l)(a) or of any revocation or revision prepared under subsection (l)(c) a true copy thereof as approved by the Minister shall be supplied to the Registrar General who shall maintain a register of all such lists available to members of the public on payment of the prescribed fee and the Registrar General shall forthwith include such list or revocation in such Register. (4) The Minister shall maintain a Register of all lists prepared in accordance with this section and shall make such lists available for public scrutiny during business hours. (5) The Trust shall also cause notices in accordance with subsection (6) to be served either personally or by post addressed to the last known place of abode if within a No. 11 National Trust of Trinidad and Tobago 1991 postal' delivery district of every person who is known to be the owner or to be in possession of any specific property the subject of such of listing under subsection (l)(a) if nobody is in possession and the owner is not known the Trust shall cause such notice to be posted conspicuously on the said land and shall also publish the same in at least three issues of a daily newspaper circulating in Trinidad and Tobago. (6) Every such notice shall be signed by the Secretary or other officer on behalf of the Trust and shall specify the property listed, the date of the list or revocation in question and the date the same is published in the Gazette. 9. A person aggrieved by the listing of any property, may::::,;.:! listing (1) appeal to the Minister in writing against the listing setting out the grounds of his appeal and on considering an appeal, the Minister may dismiss the appeal or direct the Trust to revoke the listing, and the Trust shall comply with any direction given to it under this subsection by the Minister. (2) by originating summons served on the Trust and on the Attorney General on behalf of the Minister who shall be parties to the proceedings appeal to a Judge in Chambers who, pending a decision in the matter may make such interim order as he sees fit, to preserve the respective interest in the matter of the appellant, the Trust and the Minister ( a) the Judge may dismiss the appeal or order that the listing be revoked or amended; (b) the Judge's order amending a list or revoking or amending a listing shall be deemed to be a list for the purposes of section 8 except that no notice shall be required to be served under the provisions of section 8(5) on the parties to the appeal. 10. (1) The owner of any listed monument may by Power to . t d d d d h d d" . b constitute the reg1s ere ee an on sue terms an con 1t10ns as may e Trust guardian agreed between the owner and the Trust, constitute the : 0=:nts Trust guardian of the monument. 117 118 Power of the Trust to enter lands for the purpose of excavation No. 11 National Trust of Trinidad and Tobago 1991 (2) The Trust shall not consent to become guardian of any monument that is occupied as a dwelling-house unless arrangements satisfactory to the Trust are made for the continuing occupation of the property as a residence by the owner or other person on his behalf. (3) Every person claiming title to any monument from, through or under an owner who has constituted the Trust guardian of the monument under this section is bound by the deed executed by the owner for that purpose. ( 4) Except as provided by this Act, the owner of a monument of which the Trust becomes guardian under this Act has the same right and title to, and interest in, the monument in all respects as if the Trust had not become guardian thereof. (5) Where the Trust becomes guardian of a monu ment under this Act, it shall subject to the terms of the deed, maintain the monument and shall, with a view to the maintenance of the monument, have access by its members, inspectors, agents or workmen to the monument for the purpose of inspecting it, and of bringing such materials and doing such acts and things, as may be required for its maintenance. (6) All expenses incurred by the Trust in.maintaining the monument shall be defrayed out of the funds of the Trust. (7) In this section "maintenance" includes the fencing, repairing and covering of a monument and the doing of any other act or thing that may be required for the purpose of repairing the monument or protecting it from decay or damage; "owner" includes a person who has a limited interest in a monument and who, with the consent of all those persons upon whom the monument devolves after the expiration of that limited interest, constitutes the Trust guardian of the monument. 11. (1) A person specially authorised in writing in that behalf by the Trust, after giving reasonable notice in writing to the occupier of his intention· so to do and on production of his authority if so required by or on behalf of the occupier, No. 11 National Trust of Trinidad and Tobago 1991 may enter for the purpose of investigation at all reasonable times upon any land that the Trust has reason to believe contains any property of interest, and may make excava tions on the land for the purpose of examination but ( a) the notice shall specify the basis upon which the Trust believes the land contains any property of interest; (b) entry shall not be made into any dwelling house or any building or land used for the amenity or convenience of a dwelling-house except with the consent of the occupier which consent shall not be unreasonably withheld; and (c) the Trust is liable for any damage done as a result of such entry and investigation. (2) Any person who wilfully obstructs or hinders a person duly authorised by the Trust in the exercise of the powers conferred by this section is liable on summary conviction to a fine of five hundred dollars. 12. ( 1) Subject to this Act the affairs of the Trust shall be The council administered by a Council which may exercise and discharge the functions given by this or any other Act to the Trust and may do anything necessary or convenient for the exercise and discharge of those functions. (2) The Council shall consist of five elected and four appointed members except that the first Council shall consist of nine appointed members. (3) The elected members of the Council shall be elected by a general meeting of the Trust from among the members of the Trust in accordance with the rules made under section 14 and shall hold office for a term of three years. ( 4) The Minister shall appoint the appointed members of the Council, two at least of whom shall be members of associations having special interest in the purposes of the Trust. ( 5) An appointed member shall hold office for such period not exceeding three years as may be specified in his instrument of appointment, and he shall be eligible for re-appointment. 119 120 Committees and delegation Rules of t.he Trust No. 11 National Trust of Trinidad and Tobago 1991 (6) There shall be a Chairman, a Deputy Chairman, a Secretary and a Treasurer of the Council who shall be elected by the Council from amongst its members in accord ance with the rules except that the first Chairman, Deputy Chairman and Secretary shall be appointed by the Minister. (7) The quorum of the Council shall be five members. (8) The Council shall meet at least once every three months and at such other times as may be necessary or expedient for the transaction of its business and such meetings shall be held at such time and place and such days as the Council may determine. (9) The Chairman shall preside at meetings of the Council and in his absence the Deputy Chairman, and in the absence of both, a person elected by the members present from amongst their number. 13. (1) The Council may appoint committees and, subject to this Act, may delegate to any member of the Trust or to any committee the power and authority to carry out on its behalf such of its functions as it may determine. (2) A committee may include a member of the Trust who is not a member of the Council. (3) The powers conferred on the Council by this section and by sections 8, 10, 11, 14, 16 and 29 shall not be delegated. 14. (1) Subject to this section the Council may with the approval of the Minister make rules for the following purposes: (a) the custody, management, alteration and dis posal of property of interest vested in or under the guardianship of the Trust; (b) generally for the conduct and regulation of the affairs of the Trust and relative to any matter or thing whatsoever which may in any way concern the sound administration of the Trust. (2) Rules made by the Council shall be submitted to the next general meeting of the Trust and if approved by the General Meeting shall be re-submitted for the approval of the Minister and such alteration shall take effect only on such approval. No. 11 National Trust of Trinidad and Tobago 1991 15. ·(I) A member of the Council who is in any way, pectaration of whether directly or indirectly, interested in a contract mterest or a proposed contract with the Council, that is the subject of consideration by the Council shall declare the nature of his interest at the first meeting of the Council at which it is practicable for him to do so. (2) A member of the Council shall not vote or participate in any discussion on any question in respect of any contract, or proposed contract with the Council, in which he is in any way interested whether directly or indirectly. (3) Any person who fails to comply with the pro visions of subsection (1), is liable on summary conviction to a fine of two thousand dollars, unless he proves that he did not know that he was interested in the contract or proposed contract, the subject of consideration at the meeting. PART III FINANCIAL 16. The funds of the Trust shall consist of- Funds of (a) all monies received by the Trust out of monies th e Trwt appropriated by Parliament for the purposes of this Act; ( b) monies earned or arising from assets acquired by or vested in the Trust; ( c) sums borrowed by the Trust for the purpose of meeting any of its obligations or discharging its functions; (d) gifts, bequests, devises, donations and sub scriptions by persons, organisations, groups or institutions; ( e) all other sums which may in any manner become payable to or vested in the Trust in respect of any matter incidental to its powers and functions. 17. (I) The Trust may with the approval of the Minister, ~arrowing and b . d £ t· f ·t bl' t· mvestment arrow sums reqmre or mee rng any o 1 ,s o 1ga ions or discharging its functions. 121 122 No. 11 National Trust of Trinidad and Tobago 1991 (2) The Trust may with the approval of the Minister given either generally or in a particular case ( a) invest monies standing to the credit of the Trust in securjtiee approved either generally or specifically by the Minister; and (b) sell or otherwise deal with any securities in which it has invested monies under para graph (a). Exemption from 18. (1) For the purpose of sections 70, 71 and 74 of taxes and duties Chap. 75:01 the Income Tax Act,, the Trust is deemed to be a charitable body. (2) For the purpose of section 6(1) of the Corporation Chap. 75:02 Tax Act, the Trust is deemed to be a charitable institution of a public character approved by the President by writing under his hand. Accounts Audit (3) The Trust is exempt from ad valorem and other stamp duties, and other fees in respect of any instrument conveying or transferring any land or estate or interest therein to the Trust. (4) The Trust is exempt from rates and taxes in respect of any land or buildings owned or administered by it and from value added tax on rents arising therefrom. (5) The Trust is exempt from customs duties, stamp duties and value added tax on goods imported for its official use. 19. (1) Proper accounts shall be kept of all sums of money received and expended by the Trust and of the matters in respect of which such sums are received and expended, and the property, assets and liabilities of the Trust. (2) Subject to any reasonable restrictions as to the time and manner of inspecting the same that may be imposed in accordance with the rules, such accounts shall be open at all reasonable times to the inspection of the members of the Trust and of the Minister. 20. ( 1) The accounts of the Trust shall be examined and audited at least once a year by a qualified accountant appointed by the Trust at a general meeting of the Trust, and any previously appointed auditor or auilitors shall be eligible for re-appointment. No. 11 National Trust of Trinidad and Tobago 1991 (2) The officers and employees of the Trust shall permit the auditor appointed under subsection (1) to have access to all books, documents, cash and securities, and shall give to him on request all such information as may be within their knowledge. (3) As soon as the audited accounts have been sup plied to the Trust the Secretary of the Trust shall forward to the Minister a copy thereof together with a copy of the report thereon by the auditor and the Minister shall lay or cause to be laid before Parliament a copy of the accounts and a report. PART IV MISCELLANEOUS 21. (1) All documents requiring the seal of the Trust Mode of shall be sealed with the common seal pursuant to a resolu- ~~6i':!~0:m01 tion of the Council in the presence of the Chairman or Deputy Chairman or in their absence, of some other member of the Council authorised for that purpose by the Council, and of the Secretary who shall both sign every such document and such signing shall be prima facie evidence that the seal was duly affixed pursuant to the resolution of the Council and that the same is the lawful seal of the Trust. (2) All documents, other than those required by law to be under seal, made by, and all decisions of, the Trust may be signified under the hand of the Chairman or in his absence, of the Deputy Chairman or in their absence, of some other member of the Council authorised for that purpose by the Council or of the Secretary. 22. ( 1) The Trust shall within twenty-eight days of the service of commencement of this Act notify the Registrar General of documents its address for the purposes of this Act and may from time to time notify the Registrar General of any change of its address. (2) Every document to be served on the Trust may be served by leaving the same at, or by sending the same by registered post to, the address for the time being notified to the Registrar General under subsection (1). 123 124 Restriction on exportation of listed property Changes in ownership or possession Whereabout& of listed property Orders for protecting listed property No. 11 National Trust of Trinidad and Tobago 1991 23. ( 1) A person shall not export any listed property without a licence issued by the Minister on the recommen dation of the Council. (2) A person who exports-·or attempts to export any property in contravention of subsection (1) is liable on summary conviction to a fine of five thousand dollars and the property, the subject of such export or attempted export shall be forfeited. 24. ( 1) A person who, being the owner of listed prop erty (a) disposes of his interest in the property; or ( b) permits a change to take place in the person having possession of the property, shall, virithin thirty days of the disposition or change in the person having possession of the property, give the Trust notice in writing thereof supplying particulars of the disposition and the name and address of the disponee. (2) A person contravening subsection (1) or (2) commits an offence and is liable on summary conviction to a fine of two thousand, five hundred dollars. 25. (1) The Trust may, in writing, request the owner or the person in possession of listed property to disclose to the Trust the whereabouts of the property and the person to whom the request is made shall comply with the request. (2) A person contravening subsection (1) commits an offence and is liable on summary conviction to a fine of two thousand, five hundred dollars. 26. (1) The Trust may, for the purposes of securing the safety of any listed property or preserving any listed property from deterioration, by order in writing given to ( a) the owner or the person in possession of listed property, require that person to take such measures as are specified in the order in relation to the property, save however that the Trust shall undertake all works related to the preservation of the listed property at its own expenses; No. 11 National Trust of Trinidad and Tobago 1991 (b) any person, require that person to refrain from such acts in relation to the property as are specified in the order. (2) A person aggrieved by an order under sub section ( 1) may appeal in writing to the Minister against the order and the Minister may ( a) suspend the operation of the order pending his determination of the appeal; (b) confirm, vary, or revoke the order, and the decision of the Minister shall have effect according to its tenor. (3) A person who contravenes an order under sub section (1) commits an offence and is liable on summary conviction to a fine of five thousand dollars and the Court may, in addition, order him to pay to the Trust by way of compensation such sum as the Court thinks fit for the pur pose of repairing or restoring the property. 125 27. A person who- ~!~:=g 0Jsted (a) alters, damages, injures or defaces any listed property; (b) demolishes or destroys or causes to be demol ished or destroyed any listed property other wise than in accordance with the written permission of the Council, is liable on summary conviction to a fine of five thousand dollars and the Court may, in addition, order him to pay to the Trust by way of compensation such sum as the Court thinks fit for the purpose of repairing or restoring the property. property 28. (1) All sums becoming due to the Trust are recover- :~covery and bl ·1 · ·1 d b · h f h S isposal of a e summan y as a c1v1 e t m t e name o t e ecretary ~~~- ';i1~io of the Trust. (2) All fines, forfeitures and penalties incurred by or under this Act and all sums becoming due to the Trust shall be received by the Secretary of the Trust for the use and benefit of the Trust. 126 No. 11 National Trust of Trinidad and Tobago 1991 Annual report 29. The Trust shall, not later than the last day of April in each year, furnish to the Minister a report of its pro ceedings and operations for the preceding year, and the Minister ehall lay or cause to be laid before Parliament a copy of the report. Regulations 30. The Council may with the approval of the Minister and subject to the affirmative resolution of Parliament, make such regulations as are necessary or convenient for the purposes of this Act, but the regulations set out in the second schedule Second Schedule attached hereto shall take effect until altered in accordance with this section. Section 4 Citation Definitions Classes of membe,rs Description of members FIRST SCHEDULE THE RULES 1. These rules may be cited as the National Trust Rules. 2. In these Rules " Act" means the National Trust of Trinidad and Tobago (Inc.) Act, 1990. "Chairman", "Deputy Chairman", "Treasurer" and "Secretary" means the officers of the Council respectively constituted by section 12 of the Act. 3. The Classes of members of the Trust and the rates of their subscriptions are as follows: Class of Member (a) Ordinary (b) Family ( exceeding four) (c) Life (d) Corporate (e) Association (f) Visiting (g) Junior ... (h) Honorary 4. (1) An Ordinary Member is over 18 years of age. Rate of Annual Subscription $25.00 $100.00 $500.00 $500.00 $250.00 $50.00 $20.00 Free (2) A Family member resides with an Ordinary grandparent, parent or child. (3) A Life member is an individual who has paid his life sub scription. No. 11 National Trust of Trinidad and Tobago 1991 (4) A Corporate member is a Company registered under the Companies Ordinance or a Statutory Corporation. (5) An Association member is an unincorporate non-profit organization whose aims and objects are sympathetic to those of the Trust. (6) A Visiting member is not a permanent resident of Trinidad and Tobago. (7) A Junior member is less than 18 years of age. (8) An Honorary member is an individual who has made a significant contribution ( a) to the promotion of the Trust or of an Associate member; or (b) to a positive aspect of conservation of the environment, the national patrimony or any art form. 5. (1) Subject to this rule, an applicant for membership is a citizen Application for of, or is ordinarily resident in Trinidad and Tobago and has an interest membership in the aims and objects of the Trust. (2) An application shall be in a form approved by the Council, be addressed to the Council and delivered at the head office of the Trust. (3) Visiting membership is conferred by invitation of the Council on the written recommendation of two members, one of whom is a member of the Council. (4) Honorary~embership is conferred only by invitation of the Council. 6. (1) The Council shall decide whether to accept an application for Grant of membership or to confer honorary membership and the Council may membership appoint a Committee to advise it in respect to either matter. (2) Within seven days after the regular meeting of the Council at which a decision is taken under subrule (1), the Secretary shall notify the person concerned of the decision. (3) If the person concerned does not respond to the notification within thirty days, the decision of the Council is deemed to have been revoked. (4) The Secretary shall issue to every member an identification card indicating the class of membership. (5) The Secretary shall keep at its offices, Registers (a) ofmembersoftheTrust; (b) of the officers and other mem hers of the Council; and (c) of every Committee appointed by the Council. (6) The Registers shall be open to inspection free of charge by members of the Trust during office hours. 127 7. (1) A member of the Council shall vacate his office when he- Removal of (a) is absent from more than three meetings of the Council ~:i:~rs of lhe without the consent of the Council; (b) has become bankrupt or has made an arrangement with his creditors; (c) is incapacitated by physical or mental illness; or (d) is otherwise unable or unfit to discharge the functions of a member. 128 Meetings of the Trust Annual general meetings No. 11 National Trust of Trinidad and Tobago 1991 (2) In case of absence or inability to act of a member, the Council mav elect a suitable member of the Trust to act temporarily in place of that member. (3) An elected member of the Council is ineligible for reappointment for more than two consecutive terms. 8. (1) The Secretary shall send to every member of the Trust a notice of the annual general meeting or other meeting of the Trust, and the agenda for that meeting. (2) The non-receipt by a member of the notice or agenda of a meeting does not invalidate the proceedings of the meeting. (3) Thirty financial members constitute a quorum. (4) When neither the Chairman nor the Vice-Chairman is present at a meeting, the meeting shall elect a member to preside at that meeting. (5) With the consent of the members present, the Chairman may adjourn a meeting to another time and to the same or another place. (6) No business shall be transacted at an adjourned meeting other than that left indisposed of at the meeting at which the adjournment took place, unless in pursuance of a notice and agenda as provided for in this rule. (7) Every financial member is entitled to one vote. (8) No proxies are allowed, but Corporate and Association members may be represented by a nominee of the member. (9) Voting is by a show of hands unless a ballot is demanded by one-third of the members present. (10) Where the votes are equally divided, the presiding member has, in addition to his own vote, a second or casting vote. 9. (1) The Annual General Meeting shall be held on a day between September 1 and November 30 at a time and place appointed by the Council. (2) The Council shall (a) lay before the annual general meeting a Report of the work done by the Trust during the preceding year and the Accounts of the Trust for that year; (b) make a copy of the Report and of the Audited Accounts available to every member of the Trust not later than June 30, preceding the date of the meeting. (3) If within one hour after the time appointed for the meeting a quorum is not present, the meeting shall be called to order, but no business shall be transacted other than ( a) the election of members of the Council; (b) the consideration of the Report of the Council and of the accounts; and (c) the election of Auditors. No. 11 National Trust of Trinidad and Tobago 1991 (4) Any financial member of the Trust may be nominated for election to the Council. (5) The nomination paper and a member's resolution shall be signed by not less than five financial members of the Trust and shall be left with the Secretary not later than June 15, preceding the date of the meeting. (6) The nomination paper may be accompanied by written information, not exceeding fifty words, concerning the nominee, that may assist the members in exercising their vote. (7) Notice of a member's resolution shall be accompanied by a text of the resolution. 10. (1) The Council may, whenever it thinks fit, convene an extra- Extraordinary ordinary meeting of the Trust; and the Council shall, upon a requisition meetings made in writing and signed by not less than ten financial members convene an extraordinary meeting. (2) A requisition shall specify the object of the propornd meeting and shall be left with the Secretary. (3) On receipt of the requisition the Council shall forthwith convene an extraordinary meeting; and if it does not do so within twenty eight days of the receipt, the requi::iitionists may convene the meeting. (4) The Council, or the reguisitionists. shall serve notice of the meeting on members of the Trust not less than fourteen days before the date of the meeting. (5) No business shall be transacted at the meeting other than that set out in the notice convening the meeting. 11. ( 1) The Chairman shall (a) preside at meetings of the Trust and of the Council j rm·~~~i:"~~ ~le (b) maintain order at the meetings, at which his ruling on all Tru st points of procedure is final; (c) have an ordinary vote, and in case of a tie a ca~ting vote also; (cl) at each meeting sign the minute book kept by the Secretary; and (e) countersign all vouchers for the payment of money. (2) The Vice-Chairman shall assist the Chairman in the exercise of his duties and, in the absence of the Chairman, shall perform the duties of the Chairman. (3) The Secretary shall (a) keep the seal, the minute book, and all other books, registers, documents and papers of the Trust a1id shall he responsible for their proper care and custody; (b) in the minute book, record a true minute of all bminess transacted at each meeting of the Council and of the Trust; 129 130 Citation Procedure for listing No. 11 National Trust of Trinidad and Tobago 1991 ( c) at a meeting of the Council and of the Trust read the minutes of the previous meeting, and after approval of those minutes sign them after the Chairman has done so; (d) pay over all monies he received at the earliest opportunity to the Treasurer and obtain a receipt therefor; and (e) sign vouchers for payment by the Treasurer of sums due and payable by the Trust. (4) The Treasurer shall (a) receive from the Secretary the monies paid to and on behalf of the Trust and issue receipts therefor; (b) pay other liabilities of the Trust on receipt of orders or vouchers signed by the Secretary and countersigned by the Chairman; (c) as directed by the Council, prepare and present at the annual general meeting or other meeting a statement of accounts showing the financial position of the Trust for a specified period; and (d) retain in his possession monies of the Trust, not exceeding that specified by the Council; and deposit all sums in excess thereof in a bank approved by the Council. SECOND SCHEDULE THE REGULATIONS I. These Regulations may be cited as the National Trust Regulations. 2. (1) Where the Council considers that a property is likely to be regarded as property of interest that should be listed, the Council may appoint and authorise a Special Committee or a person to research and compile a dossier containing pertinent details of that property. (2) The dossier shall include, but not wholly confined to, the following categories of investigation (a) historicity; (b) rareity; (c) uniqueness; (d) aesthetics; ( e) patronage; (f) natural or outstanding beauty; (g) ecological balance; (h) artistic excellence; (i) provenance; (j) Caribbean patrimony; (k) scientific attributes; (l) international repute; (m) indigenousness to Trinidad and Tobago; (n) with respect to buildings, the matters contained in Regulation 4. No. 11 . National Trust of Trinidad and Tobago (3) The investigator shall, wherever appropriate (a) take measurements; (b) weigh; (c) photograph; (d) sketch; (e) prepare scaled or free hand drawings; (f) paint; (g) survey; (h) take impressions; (i) describe; and 1991 (j) do whatever else that may be necessary to create a pictorial or dimensional impression of the property. (4) As soon as practicable after receiving the dossier the Council shall classify the property, and shall (a) set aside the dossier, if in the opinion of the Council the property should not be listed; in which event the dossier or a modification thereof may be reviewed not earlier than six months thereafter, or (b} determine the grade listing of the property in accordance with Regulation 3. 3. (1) The grades of property of interest with a view to listing are Grade llstfngs as provided in this regulation. (2) In respect to buildings, including the curtilage, the grades are (a) Grade I-property in which there should be no change, nor alteration to its shape or form, nor in or upon any material object, plant or other thing that may deform or deface the property; (b) Grade 2-property in which material change may be permitted, provided that similarity is maintained in all respects as it origined composition, shape and form; (c) Grade 3-property in which there may be allowed (a) altera tions to international non-structural components and roof cladding material; or (b) specified alterations to the internal structure; (d) Grade 4-property of which one or more of the facades or some specified part or area should be preserved. (3) In respect to other property, the grades are (a) Grade A-an object or artifact made by man that is rare or unique or is considered to be a fine crafted example of its kind; (b) Grade B-an area, site or place of natural beauty or repose that would be despoiled if it were to be altered by the introduction or removal of any flora, fauna or work of man; (c) Grade 0-a site or place which contains or breeds a particular specie of plant, animal, bird, fish, insect or marine life, that is likely to be despoiled by the introduction or removal of any, or all, or a combination of, the species present, or by the introduction of any new specie; (d) Grade D-a work of man considered to be of outstanding artistic merit or to be indigenous to Trinidad and Tobago or to the region; 131 132 Criteria for listing buildings Notice of intention to .liSt property Regiatration and index of listing of buildings and lands. Chap. 19:0S No. 11 National Trust of Trinidad and Tobago 1991 (e) Grade E-a work of international repute that by circum stance of relation, gift or bequest, belongs or belonged to a citizen or a resident of Trinidad and Tobago; (j) Grade F-an original manuscript, music score or other similar work that was written or composed by a citizen or resident of Trinidad and Tobago or by a person of inter national repute. 4. Without prejudice to regulations 3 and 4, the criteria for listing buildings are : (a) individual architectural merit; (b) historical associations, social and economic; ( c) sociological interest; (d) technological innovation or virtuosity; (e) association with well known characters or events; (f) group value, especially as examples of town planning. 5. Where the Council decides to list the property it shall, as soon as practicable, give notice of its intention to do so (a) to the owner or the person in possession of the property and provide him with such information as may be necessary of the benefits to be derived from preserving the property as a national treasure; and (b) in the Gazette and in at least three issues of a daily newspaper circulating in Trinidad and Tobago. 6. (1) The Registrar General shall, in accordance with section 4(4)(a) of the Registrar General Act, keep a separate and distinct index of all listings of buildings and lands made or revoked under sections 8 and 9 of the Act. (2) The Registrar General shall cause every listing registered with him to be entered in the index of listings under the letter of the alphabet corresponding with the initial surname of every person whose property is intended to be affected by the listing, with the given names and surname, at full length, of every such person and a description of the property thereby affected. Passed in the House of Representatives this 15th day of March, 1991. N.COX Acting Clerk of the House IT IS HEREBY CERTIFIED that this Act is one the Bill for which has been passed by the House of Representatives and at the final vote thereon in the House has been supported by the votes of not less than three-fifths of all the members of the House, that is to say, by the votes of twenty-eight members of the House. N. COX Acting Clerk of the House No. 11 . National Trust of Trinidad and Tobago 1991 Passed in the Senate this 18th day of June, 1991. R. CUMBERBATCH Acting Clerk of the Senate IT IS HEREBY CERTIFIED that this Act is one the Bill for which has been passed by the Senate and at the final vote thereon in the Senate has been supported by the votes of not less than three-fifths of all the members of the Senate, that is to say, by the votes of twenty-five Senators. R. CUMBERBATCH Acting Clerk of the Senate Senate Amendments agreed to by the House of Representatives this 1st day of July, 1991. N.COX Acting Clerk of the House PRINTED BY THE GOVERNMENT PRINTERY, PORT·OF-SPAIM REPUBLIC OF TRINIDAD AND TOBAG0--1991 133