t&t housing development corporation act 2005

AN ACT to establish the Trinidad and Tobago HousingDevelopment Corporation and for related matters

[Assented to 13th September, 2005]

Third Session Eighth Parliament Republic of Trinidad and Tobago

REPUBLIC OF TRINIDAD AND TOBAGO

Act No. 24 of 2005

[L.S.]

Legal Supplement Part A to the Trinidad and Tobago Gazette, Vol. 44,No. 165, 15th September, 2005

ENACTED by the Parliament of Trinidad and Tobago asfollows:

PART I

PRELIMINARY

1. This Act may be cited as the Trinidad and TobagoHousing Development Corporation Act, 2005.

2. This Act comes into operation on such day as isfixed by the President by Proclamation.

3. (1) In this Actappointed day means the date on which this

Act comes into operation;Authority means the National Housing

Authority established by the Housing Act;Board means the Board of the Trinidad and

Tobago Housing Development Corporationestablished under section 5 of this Act;

corporate plan means a plan prepared inaccordance with section 16 of this Act;

flat means a separate and self-contained setof premises constructed for use as adwelling and forming part of a buildingfrom some other part of which it is divided;

house means any premises used as a separatedwelling or premises of a type suitable foruse as a separate dwelling and includes

(a) a part of a building occupied orintended to be occupied as aseparate dwelling; and

(b) a flat;housing project means a project, together

with the land upon which it is situatedconsisting of one or more houses, togetherwith any public space, recreationalfacilities, commercial space and otherbuildings appropriate to the project;

Commencement

Interpretation

Short title

Enactment

Chap. 33:01

700 No. 24 Trinidad and Tobago Housing Development 2005Corporation

Minister means the Minister to whomrespons ib i l i ty f o r the Tr in idadand Tobago Hous ing DevelopmentCorporation is assigned;

pension fund plan has the meaning assignedto it by section 28(1) of the Income Tax Act;

subsidiary means a company incorporatedunder the Companies Act in whichthe Trinidad and Tobago HousingDevelopment Corporation

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

can appoint or dismiss the majorityof the directors; or

(c) is a member of the company andcontrols, alone or in agreementwith others, a majority of thevoting rights in that company; and

Tobago House of Assembly means the TobagoHouse of Assembly established by section141A of the Constitution.

(2) For the purposes of section 13 person means acitizen or resident of Trinidad and Tobago within themeaning of the Immigration Act and for the purposes ofsection 14 person means a company, the majorityshareholders of which, are citizens or residents.

4. This Act binds the State.

PART II

ESTABLISHMENT OF THE CORPORATION AND THE BOARD

5. There is hereby established, a body corporate tobe known as the Trinidad and Tobago HousingDevelopment Corporation (hereinafter referred to asthe Corporation).

Chap. 75:01

Act No. 35 of 1995

Establishment of theTrinidad and TobagoHousingDevelopmentCorporation

Act binds the State

Chap. 1:01

Chap. 18:01

No. 24 Trinidad and Tobago Housing Development 2005 701Corporation

6. (1) The Corporation shall have a seal which shallbe kept in the custody either of the Chairman or theDeputy Chairman or the Secretary as the Corporationmay determine, and may be affixed to instruments madepursuant to this Act or to a resolution of the Boardand in the presence of the Chairman or DeputyChairman, or other member of the Board and theSecretary.

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

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

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

7. (1) The business of the Corporation shall bemanaged by its Board which shall be comprised ofno less than five and no more than nine membersappointed by the President, who by reason of theirqualification and experience are capable of contributingmeaningfully to the deliberations of the Board.

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

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

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

Seal of theCorporation

Composition andappointment ofBoard


First Schedule

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

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

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

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

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

(a) notice to the Board of all direct or indirectpecuniary interests that they have oracquired in any business or in any bodycorporate carrying on any business with theCorporation in the exercise of its functions;and

(b) an undertaking that they will not engage,directly or indirectly, in any business or pro-fessional activity which would conflict withthe performance of their duties to theCorporation as Managing Director or BoardMember as the case may be with thefunctions of the Corporation.

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

(a) as soon as possible after the relevant factscome to his knowledge, disclose the natureof his interest before the Board deliberateson the matter; and

(b) shall not solicit the support of any othermember of the Board or any officer or anymember of staff of the Corporation to obtainan advantage over any other person in thematter being considered.

Business of theBoardSecond Schedule

Disclosure of interestof Managing Directorand Board Members


(3) Disclosure by a member of the Board undersubsection (1), shall be recorded in the minutes ofthe meeting of the Board and after such disclosure themember shall not

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

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

10. The Board may form committees comprising itsmembers or other persons to assist in the performanceof the functions of the Corporation and shall with theapproval of the Minister declare by resolution, theremuneration and allowances if any of members of theCommittees.

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

12. The Minister may give to the Board directions inwriting of a specific or general nature to be followed inthe performance of its functions or the exercise of itspowers under this Act, with which the Board shallcomply.

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

(a) do all things necessary and convenientfor or in connection with the provisionof affordable shelter and associatedcommunity facilities for low and middleincome persons;

(b) carry on any business activity that isincidental to or which may be performedconveniently by the Corporation or whichmay assist the Corporation in connectionwith its delivery of the services referred toin paragraph (a); and

(c) implement the broad policy of theGovernment in relation to housing as maybe directed by the Minister from time totime.

Establishment ofcommittees to assistBoard with itsfunctions

Powers of theMinister

Functions and dutiesof the Corporation

Obligations of theBoard


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

(a) prepare and execute proposals, plans andprojects for

(i) the erection, conversion, improvement,distribution and extension of anyhouses for sale, lease, rental or otherpurpose; and

(ii) the clearance and redevelopment ofslum areas;

(b) manage all lands, houses, including housesheld on leases and buildings or otherproperty vested in it, belonging to it orunder its control;

(c) carry out investigations and the surveysnecessary for the performance of itsfunctions and duties;

(d) provide services in accordance with this Actfor owners or occupiers of houses includingarranging for or carrying out works ormaintenance, repair or improvements orencouraging or facilitating the carrying outof such works;

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

(f) sell, lease, exchange or otherwise dispose ofreal or personal property acquired by itpursuant to this Act;

(g) cause to be prepared and undertaken,directly or in co-operation with anyMinistry or agency of the Government orwith any other government or with anyuniversity, educational institution orperson, programmes or technical researchand investigation into the improvement and


development of methods of construction,standards, material, equipment, fabrication,planning, designing and other factorsinvolved in the construction or provision ofimproved housing accommodation inTrinidad and Tobago and co-ordinate theprogrammes or measures undertaken inTrinidad and Tobago with special referenceto housing accommodation for families oflow or middle incomes;

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

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

(j) subscribe for and purchase shares,debentures, and other securities ofcompanies, the business of which relatesto the functions of the Corporation asidentified in section 13;

(k) participate in partnerships, trusts,unincorporated joint ventures and otherarrangements for the carrying out orsharing of profits from the carrying out ofthe services provided under this Act;

(l) make provision in such manner as it deemsadvisable or in co-operation with anydepartment or agency of the Government,or with any other government or with anyuniversity, educational institution orperson, for promoting training in theconstruction or designing of houses, in landplanning or community planning or in themanagement or operation of housingprojects;


(m) construct housing units for experimentalpurposes upon land owned by the State orto be acquired for such purposes;

(n) participate with local authorities inhousing projects;

(o) borrow money and give guarantees;

(p) issue debentures and grant floating chargeson its property;

(q) engage consultants;

(r) accept gifts, grants, bequests and devicesmade to it, and act as trustee for money andother property vested in it on trust;

(s) provide consultancy and projectmanagement services;

(t) fix charges and fix terms and conditions ofwork done, or for services, goods andinformation supplied by it;

(u) where it deems necessary or convenient infurtherance of its mandate make directloans or soft loans in accordance with theHousing Act;

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

improvements to in respect of landacquired by it and develop and lay outthe land for housing purposes;

(ii) construct, convert or improve housingprojects;

(iii) acquire building material andequipment and other personalproperty for use in connection withhousing projects;


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

(v) exercise all powers which areincidental to those specified in thissection.

14. (1) The Corporation has the power to do allthings necessary and convenient to be done for, or inconnection with the performance of its functionsspecified in section 13.

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

PART III

MANAGING DIRECTOR

15. (1) The Board shall appoint as ManagingDirector, a person who, in its opinion has demonstratedthe necessary skill and experience in corporatemanagement.

(2) The Managing Director shall hold office forsuch period not exceeding five years, as is specifiedin the instrument of appointment, and is eligible forreappointment.

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

16. (1) The Managing Director shall be responsiblefor the day-to-day management of the Corporationsubject to the general directions of, and in accordancewith policies laid down by the Board.

(2) All acts and things done in the name of or onbehalf of the Corporation by the Managing Directorshall be deemed to have been done by the Corporation.

Appointment ofManaging Director

Powers of theCorporation

Relationship of theManaging Directorwith the Board


Act No. 40 of 1996

PART IV

PLANNING AND MANAGEMENT

17. (1) The Board shall prepare and submit acorporate plan for the Corporation and its subsidiariesto the Minister.

(2) The first corporate plan shall be for a period ofnot less than three years and no more than five yearsbeginning on a date no later than six months afterthe commencement of this Act, and each subsequentcorporate plan shall take effect immediately on theexpiry of the previous corporate plan and shall be for aperiod not exceeding three years.

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

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

to be maintained in accordance withinternationally and locally recognizedaccounting standards, principles andpractices; and

(b) ensure that(i) all payments by the Corporation

are correctly made and properlyauthorized; and

(ii) adequate control is maintained overthe management of assets and theincurring of liabilities.

19. (1) The accounts of the Corporation and itssubsidiaries shall be audited annually by the AuditorGeneral or by an auditor authorized by the AuditorGeneral in writing for that purpose.

(2) The Auditor General or the auditor referred toin subsection (1), shall have access to all books ofaccounts, records, documents, assets and informationconcerning the Corporation and its subsidiaries.

Preparation ofcorporate plan

Board to keep properaccounts

Audit


(3) Nothing in subsection (1) precludes theAuditor General, the auditor referred to in subsection(1), or an auditor engaged by the Board from performinga management or comprehensive audit of the activitiesof the Corporation.

(4) On completion of any audit of theCorporation, the Auditor General or the auditorreferred to in subsection (1), as the case may be, shallimmediately draw to the attention of the Minister andthe Board of any irregularity disclosed by the auditwhich, in the opinion of the Auditor General or the audi-tor, is of sufficient importance to justify doing so.

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

(6) The report referred to in subsection (5), shallinclude

(a) a statement on the accounting policies forthe services provided by the Corporationand its subsidiaries; and

(b) an opinion whether the financial state-ments present fairly in all materialrespects, the financial position of theCorporation and its subsidiaries and theresult of its operation and its cash flows inaccordance with international accountingstandards adopted by the Institute ofChartered Accountants of Trinidad andTobago.

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

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

Chap. 69:01

Annual Report


(2) The Minister shall lay the annual Report inParliament within three months of his receipt of theReport and if Parliament is not then in Session, withinthree months after the commencement of its nextsession.

21. Where the Corporation or a subsidiary proposesto

(a) form or participate in the formation of acompany;

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

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

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

(e) undertake a significant new businessactivity; or

(f) make a significant change in the natureor extent of its interest in a company,partnership, trust, unincorporated jointventure or other arrangement for thesharing of profits,

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

PART V

FINANCE

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

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

Consolidated Fund;

The Corporation toinform Minister ofcommercial ventures

Establishment of theHousingDevelopmentCorporation Fund


(b) those sums which at the commencementof this Act stand to the credit of theGovernment under the Housing Act or theAuthority whether under the Housing Actor otherwise;

(c) such sums received by the Corporation frominternational organizations, multilateral orbilateral lending agencies or corporationsfor the exercise of any of the functions of theCorporation;

(d) the capital of the Corporation;

(e) sums received by or owed to theCorporation in respect of its functions; and

(f) any other sum paid to the Corporation inrespect of the performance of its functionsand the exercise of its powers.

23. The Fund shall be applied in defraying thefollowing expenditure:

(a) the acquisition of real and personalproperty by the Corporation in the courseof performing its functions;

(b) the remuneration payable to employees;

(c) the remuneration and honoraria ofmembers of the Board or a member of anycommittee;

(d) contributions to the pension fund planreferred to in section 35;

(e) fees for the services of consultants;

(f) capital and operating expenses, includingmaintenance and insurance of the propertyof the Corporation;

(g) the making and maintenance ofinvestments and loans by the Corporationin the discharge of its functions;

Application of theFund


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

(i) any other expenditure authorized bythe Corporation in the discharge of itsfunctions.

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

(a) applied to the creation of reserve fund tofinance future expansion of capital worksand improvement of services of theCorporation; or

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

25. (1) The Minister shall, after consultationwith the Board determine in writing and as soon aspracticable after the commencement of this Act, theinitial capital of the Corporation.

(2) The Minister shall lay in Parliament as soonas practicable after the commencement of this Act, areport which shall include

(a) a statement of the amount of theCorporations initial capital referred to insubsection (1);

(b) a statement of any liabilities converted intocapital;

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

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

26. (1) Within three months after the end of eachfinancial year, the Board in consultation with theMinister of Finance by written notice, may recommendto the Minister that the Corporation pay a return to theGovernment, according to principles determined jointlyby the Minister and the Board.

Creation of areserve fund

Determination ofassets and capital

Payment of return


(2) In making the recommendation, the Boardshall have regard to those matters required to beconsidered in setting its financial target.

(3) The Minister shall, after consultation withthe Minister of Finance within sixty days after receivingthat recommendation, either

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

return or a different return as the case maybe.

(4) The return payable for a financial year shallnot exceed the net profit of the Corporation.

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

27. The Minister with responsibility for finance may,on behalf of the Government, out of money appropriatedby Parliament for the purpose, lend money to theCorporation on such terms and conditions as hedetermines in writing.

28. (1) The Corporation may, with the approval of theMinister and the Minister with responsibility forfinance

(a) borrow money from bodies other than theGovernment; and

(b) give security over the whole or any part ofits assets for the due performance of itsobligations incurred pursuant to thissection.

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

29. (1) Subject to subsection (3), the Corporation inpursuance of its functions, is exempt from the CentralTenders Board Ordinance.

Borrowing from theGovernment

Borrowing fromnon-Governmentsources


Exemption fromCentral TendersBoard Ordinance,1961

(2) The Board shall, subject to the Ministersapproval, make rules relating to the award of tendersand contracts and those rules shall govern the conductof the award of tenders and related matters.

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

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

(5) Rules made under this section shall beavailable to any person on request and on payment ofthe prescribed fee.

PART VI

STAFF

30. The Board may within an organizationalstructure approved by the Minister

(a) employ such staff as is required by theCorporation for the proper administrationof its functions; and

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

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

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

served at least two continuous years in,

an office specified in the Third Schedule.

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

(a) to retire voluntarily from the service of theAuthority on terms and conditions agreedbetween him or the appropriate recognizedassociation representing him and the ChiefPersonnel Officer; or

Board to employ staff

Options available toofficers of theAuthority

Third Schedule


(b) to transfer to the Corporation with theapproval of the Statutory AuthoritiesService Commission on terms andconditions no less favorable than thoseenjoyed by him in the service of theAuthority.

32. (1) This section applies to any person who is nota public officer but on the appointed day

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

served at least two continuous years in,a position specified in the establishment of theAuthority.

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

(a) to retire voluntarily from the service ofthe Authority on terms and conditionsagreed between him or the recognizedmajority union representing him andthe Authority; or

(b) accept an offer of employment in theCorporation on terms and conditions no lessfavourable than those enjoyed by him in theAuthority.

33. Any person who is on the coming into operation ofthis Act in the service of and has served for at least twocontinuous years in the Authority and to whom section31 or 32 does not apply shall be treated, as regards thebenefits which that person is entitled to by contract orotherwise, no less favourable than the persons referredto in sections 31 and 32.

34. Where a person to whom section 31 or 32 appliesdoes not exercise any of the options made available tohim, the office which he holds shall from the date ofcoming into operation of this Act be deemed to beabolished for the purposes of payment of a pension tothat person under section 15(4) of the Pensions Act.

Options available todaily ratedemployees

Persons to whomsection 31 or 32 isnot applicable

Application ofsection 15(4) of thePensions Act


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

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

36. The superannuation benefits which have accruedto a person who exercises the option under section31(2)(b) or 32(2)(b) as applicable, shall be preservedat the date of his employment by the Corporation,and such person and such benefits shall continue toaccrue under the Pensions Act up to the date ofthe establishment of the pension fund plan on thebasis of salary applicable to the office which he heldimmediately prior to his employment by theCorporation.

37. (1) Where an employee of the Corporation whoexercises the option referred to in section 31(2)(b)or 32(2)(b) retires, dies or is retrenched prior to theestablishment of the pension fund plan, and at the dateof retirement, death, or retrenchment was in receipt of asalary higher than that referred to in section 36, thesuperannuation benefits payable to his estate or himshall be based on the higher salary.

(2) The difference between the superannuationbenefits payable on the basis of the higher salary andthose payable under the Pensions Act on the basis of thesalary referred to in section 35, shall be paid by theCorporation.

38. (1) Where an employee of the Corporation whoexercises the option referred to in section 31(2)(b) or32(2)(b) retires, dies or is retrenched and is a member ofthe pension fund plan, he or his estate shall be paidsuperannuation benefits by the pension fund plan at theamount, which when combined with the preservedsuperannuation benefits payable under section 37, the

Preservation andaccrual ofsuperannuationbenefits

Payment ofsuperannuationbenefits by theCorporation prior tothe establishment ofthe pension fundplan

Payment ofsuperannuationbenefits by pensionfund plan


Corporation toestablish pensionfund plan

Chap. 23:52

equivalent to the benefits based on his pensionableservice in the public service combined with his service inthe Corporation and calculated at the pensionablesalary applicable to him on the date of his retirement,death or retrenchment.

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

39. (1) Subject to the Industrial Relations Act, thePublic Services Association of Trinidad and Tobago andNational Union of Government and Federated Workersshall be deemed to be certified recognized majorityunions under Part III of the Industrial Relations Act forthe bargaining units comprising the monthly paid anddaily paid employees of the Corporation.

(2) An application for the certification ofrecognition under Part III of the Industrial RelationsAct shall not be entertained or proceeded with wherethe application is made earlier than two years from thedate on which this amendment comes into force, but anapplication may be made with leave of the Courtalthough two years have not expired since theamendment came into force, in which event theprocedures set out under section 38(2) and (3) of theIndustrial Relations Act shall apply.

(3) Employees of the Corporation may form anassociation which may be registered as a trade union ormay join a trade union.

PART VII

MISCELLANEOUS

40. On the appointed day all the rights andresponsibilities of the Authority under the SlumClearance and Housing Act shall vest in theCorporation.

Representation

Chap. 88:01

Transitional

Chap.33:02


41. (1) On the appointed day all assets, liabilities,rights and obligations of the Authority (hereinafterreferred to as the undertakings) are hereby transferredto and vested in the Corporation.

(2) The effect of the vesting of the undertakingsshall be that from the appointed day

(a) every contract existing before the appointedday to which the Authority was a party,whether in writing or not, shall be construedand have effect as if

(i) the Corporation were a partyinstead of the Authority;

(ii) for any reference to the Authority,whether express or implied, therewere substituted as respectanything falling to be done onor after the appointed day, areference to the Corporation; and

(iii) any reference, whether express orimplied, to any director, officer,clerk or servant of the Authoritywere, in respect of anything fallingto be done on or after theappointed day, a reference to suchdirector, officer, clerk or servant ofthe Corporation as it may appoint,or, in default of appointment to thedirector, officer, clerk or servant ofthe Corporation who correspondsas nearly as may be to suchdirector, officer, clerk or servant ofthe Authority;

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


Transfer and vestingof assets, liabilities,rights andobligations

(c) any instruction, direction, mandate, power ofattorney or consent given to or by theAuthority and is in existence before theappointed day shall have effect as if given toor by the Corporation;

(d) any negotiable instrument or order forpayment of money, which is expressed to bedrawn on or given to or accepted or endorsedby the Authority or payable to the Authority,shall have effect as if it had been drawn onor given to or accepted or endorsed by theCorporation or payable to the Corporation;

(e) any security provided by or for theAuthority that before the appointed day washeld as security for the payment ordischarge of a debt or liability or obligation,whether present or future, actual orcontingent, shall be held by and be availableto a holder, as security for the payment ordischarge by the Corporation of that debt orliability or obligation, and any such securitywhich extends to future advances andfuture liabilities shall on and from theappointed day, be held by and be available tothe holder as security for future advancesand future liabilities of the Corporation inthe same manner and in all respect asfuture advances to or liabilities of theAuthority were secured immediately beforethe appointed day; and

(f) any judgment or award obtained by oragainst the Authority and not fully satisfiedshall be enforceable by or against theCorporation.


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

(4) Within five years of the appointed day, thevalue of the property vested in the Corporation underthis section shall be determined by an independentvaluator who shall report to the Board and thereafteronce in every five years the Board shall cause valuationof the Corporations assets to be done by an independentvaluator in accordance with normal commercialpractices.

42. (1) The Minister may make regulationsprescribing matters

(a) required or permitted by this Act to beprescribed; or

(b) necessary or convenient for carrying out orgiving effect to this Act, and in particular forand in relation to housing matters includingthe operational and financial services of theCorporation and its subsidiaries.

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

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

(a) appropriate standards for construction ofhouses; and

(b) fees or charges that may be made bythe Corporation or any other person inconnection with this Act.

Minister may makeregulations

Board may makeregulations


Chap. 76:01

(2) The Board shall ensure that regulations madeunder subsection (1)(a) and (b) are available to thepublic at any of the Corporations offices.

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

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

45. The Housing Act and the National HousingAuthority (Vesting) Act, are amended by deleting thewords National Housing Authority and the wordAuthority wherever they occur and substituting thewords The Trinidad and Tobago Housing DevelopmentCorporation and the Corporation respectively.

FIRST SCHEDULE[Section 7(4)]

TERMS AND CONDITIONS OF BOARD MEMBERS

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

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

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

(4) A member who is absent without leave for threeconsecutive meetings of the Board is deemed to have resigned hismembership of the Board.

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

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

(a) during a vacancy in the office of a member (whether ornot an appointment has previously been made to theoffice); or

Terms and conditionsof Board Members

Acting members

The Housing Act andthe NationalHousing Authority(Vesting) ActamendedAct No. 10 of 2004


Partial repeal of theHousing Act

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

and such a person appointed to act during a vacancy shall notcontinue to act for more than six months.

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

(3) The Minister may(a) determine the terms and conditions of appointment,

including remuneration and allowances in respect of aperson appointed to act under subclause (1); and

(b) terminate such an appointment at any time.

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

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

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

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

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

SECOND SCHEDULE(Section 8)

CONDUCT OF PROCEEDINGS BY THE BOARD

1. The Chairman or, if for any reason the Chairman is unableto act, the Deputy Chairman shall

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

Remuneration ofmembers of Board

Leave of absence

Resignation ofChairman andMembers

Meetings of Board


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

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

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

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

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

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

(4) All questions arising at a meeting of the Board shall bedecided by a majority of the votes of the members present andvoting, including the member presiding.

(5) In the event of an equality of votes on a resolutionproposed at a meeting of the Board, the resolution shall be takennot to be passed but if the same resolution is proposed at the firstmeeting of the Board held after the date of that first mentionedmeeting and there is again an equality of votes, the memberpresiding has a casting vote on the resolution.

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

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

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

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

Board;

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

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

Performance ofBoards functions


Quorum

Procedure atmeetings

Convening ofmeeting

THIRD SCHEDULE

[Section 35(1)]

OFFICES IN THE STATUTORY AUTHORITIES SERVICECOMMISSION ON ESTABLISHMENT OF THE AUTHORITY

Chief Executive Human Storekeeper Clerk/ Clerk IIOfficer Resource Stenographer IV

Officer III

Deputy Administrative Public Clerk IV Stores Clerk IIExecutive Officer Officer IV Relations

Officer

Director Human Human Engineering Auditing Electronic Resource Resource Assistant IV Assistant DataServices Officer II Processing

ControlClerk I

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

Operations Property Financial & Paymaster I Clerk/Typist IISuperintendent Maintenance Planning

Co-ordinator Officer

Economic and Civil Collections & Works Motor Vehicle Financial Engineer I Loans Officer Supervisor I DriverAffairsSuperintendent

Senior Human Auditor III Accountant II Engineering MachineResource Officer Assistant I Operator I

Private Architect I Auditor I Draughts- Clerk/Development man I Stenographer ICo-ordinator

Social Affairs Sociologist Administrative Conveyancing Messenger IIOfficer Assistant Clerk I

Regional Officer Legal Services Community Clerk/Steno- Clerk IAdvisor Development grapher IIIOfficer II

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

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

Development and Auditor II Engineer Clerk III ReceptionistConstruction Surveyor IIEngineer


THIRD SCHEDULECONTINUED

[Section 35(1)]

OFFICES IN THE STATUTORY AUTHORITIES SERVICE COMMISSION O NESTABLISHMENT OF THE AUTHORITYContinued

Civil Engineer II Housing Draughts- Public Messenger ISuperinten- man III Relations dent Assistant

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

Operator

Architect II Human Accountant I Title Clerk I Resource Officer I

Accountant IV Research Draughts- Cashier II Officer I man II

Passed in the House of Representatives this 1st day ofJuly, 2005.

J. SAMPSON-JACENTClerk of the House

Passed in the Senate this 25th day of August,2005.

N. JAGASSARActing Clerk of the Senate

Senate amendments agreed to by the House ofRepresentatives this 5th day of September, 2005.

J. SAMPSON-JACENTClerk of the House


PRINTED BY THE GOVERNMENT PRINTER, PORT-OF-SPAINREPUBLIC OF TRINIDAD AND TOBAGO2005

t&t housing development corporation act 2005

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