Act No.24 of 2005 - Trinidad and Tobago Parliament

1 ANACTto 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 TOBAGOAct of 2005 [ ]Legal Supplement Part A to the Trinidad and Tobago Gazette , Vol. 44,No. 165, 15th September, 2005 ENACTEDby the Parliament of Trinidad and Tobago asfollows: PART Act may be cited as the Trinidad and TobagoHousing Development Corporation Act, Act comes into operation on such day as isfixed by the President by (1) In this Act appointed day means the date on which thisAct comes into operation; Authority means the National HousingAuthority established by the Housing Act; Board means the Board of the Trinidad andTobago Housing Development Corporationestablished under section 5 of this Act; corporate plan means a plan prepared inaccordance with section 16 of this Act.

2 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, togetherwith 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;CommencementInterpretationShort titleEnactmentChap. 33:01700No. 24 Trinidad and Tobago Housing Development2005 Corporation Minister means the Minister to whomresponsibility for the Trinidadand Tobago Housing 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 andcan 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.

3 And Tobago House of Assembly means the TobagoHouse of Assembly established by section141 Aof 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 Act binds the IIESTABLISHMENT OF THECORPORATION AND is hereby established,a body corporate tobe known as the Trinidad and Tobago HousingDevelopment Corporation (hereinafter referred to as the Corporation ).Chap. 75:01 Act No. 35 of 1995 Establishment of theTrinidad and TobagoHousingDevelopmentCorporationAct binds the :01 Chap. 18:01 and Tobago Housing Development2005701 Corporation6.

4 (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.

5 (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 (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.

6 (4) A member of the Board shall be appointed onthe terms and conditions specified in the First of theCorporationComposition andappointment ofBoard702No. 24 Trinidad and Tobago Housing Development2005 CorporationFirst 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 (1) The Board shall conduct its business in themanner specified in the Second Schedule.(2) The Board may by Order, amend the (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.

7 (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 of theBoardSecond ScheduleDisclosure of interestof Managing Directorand Board and Tobago Housing Development2005703 Corporation (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.

8 Or(b)take part in any decision of the Board withrespect to that 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 Board, in ensuring the performance of thefunctions of the Corporation, shall exercise due care andact in a prudent and conscientious 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 (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).

9 And(c)implement the broad policy of theGovernment in relation to housing as maybe directed by the Minister from time ofcommittees to assistBoard with itsfunctionsPowers of theMinisterFunctions and dutiesof the CorporationObligations of and Tobago Housing Development2005 Corporation(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.

10 (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 andNo. 24 Trinidad and Tobago Housing Development2005705 Corporationdevelopment 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.