Municipal Corporations Act - Trinidad and Tobago

The following functions are exercisable by a Corporation in the Municipality in addition to those already vested in it under this Act: 
(d) subject to any other written law, the maintenance and control of childcare centres established by the Corporation; 
(e) the construction and maintenance of all drains and watercourses, except main drains and water- courses, and drains along main roads and highways; 
(f) the provision, maintenance and control of such parks, recreation grounds, beaches and other public spaces as the President may from time to time by Order prescribe; 
(g) the promotion of development within the Municipality in accordance with plans approved by the Minister with responsibility for physical planning;  
 

(2) The President may, by Order, subject to affirmative resolution of Parliament, apply the provisions of this Act to any town, district or place for the purpose of incorporating the electors thereof.

(1) An Order made under section 5(2) may apply the provisions of this Act generally to the town, district or place mentioned therein or it may provide that the Act shall apply subject to such exceptions or modifications as are specified in the Order. 

(2) An Order made under section 5(2) shall—
(a) designate the corporate name by which the new Corporation shall be known;
(b) describe the boundaries of the new Municipality; 
(c) specify the number of Councillors and Aldermen to be elected to the Council;
(d) specify the number of members of the Council who may requisition a meeting of the Council under section 62(3);
(e) specify the number of members of the Council who constitute a quorum at meetings of the Council;
(f) specify the number of members of the Council required to be present and to vote for the purposes of section 67(1) 
 

1) With effect from 1st October, 1991— 
(a) all land and other property (b) all the rights, privileges and advantages and all the liabilities and obligations that, immediately before that date, a former County Council was entitled or subject to, are transferred and conferred or imposed upon the State. 

(2) Every Act giving power or authority to or imposing any duty or liability upon or otherwise relating to a former County Council or providing any forms or proceedings relating to a former County Council, shall, unless the context otherwise requires and so far as applicable, be read and have effect as if in the Act, the State were substituted for a former County Council. 

(3) Any reference in any Act, orinany rule, regulation or bye-law made under any Act or in any deed, contract, bond, security County Council shall, with effect from that date, be deemed to refer to the State. 

(5) The President may by Order transfer to any of the several Municipal Corporations referred to in section 4 any of the land and other property and any of the rights, privileges and advantages and any of the liabilities and obligations that by virtue of subsection (1) are vested in the State. 
 

(1) The Council may collect from every person occupying or using any stall, stand, table, shed or place in a public market, or bringing into any such market any marketable commodities or any other article or thing which the Council permits to be sold therein, or using any weighing instrument kept in such market, such stallages, rents, dues, tolls and charges as the Council may from time to time fix by Bye-laws made under this Part. 

(2) The several stallages, rents, dues, tolls and charges payable in respect of any market shall be paid at such times and in such manner as the Council may prescribe to the Market Administrator or any other person authorised by the Council to receive them. 
 

(1) Every Council shall, on or before the day prescribed by the Minister with responsibility for Finance, prepare and submit to the Minister for his approval and for the approval of the Minister with responsibility for Finance true estimates of— 
(a) capital expenditure and the financing thereof;
and (b) an income and expenditure budget, 

for the financial year commencing on the 1st January next following and the Minister may make such amendments thereto as may be considered expedient 
 

(2) The Corporation may collect on behalf of the Government such fees, rates and taxes as the President may by Order prescribe, and may retain for its own use such portion of those fees, rates and taxes as the Minister to whom responsibility for Finance is assigned may determine by Order. 

(3) An Order made under this section shall be subject to affirmative resolution of the House of Representatives. 
 

(1) All matters of a financial nature relating to the affairs of a Corporation and all vouchers for the payment of any moneys to be disbursed by the Corporation except petty disbursements not exceeding a sum to be fixed by resolution of the Council shall be submitted for approval to the Finance and Planning Committee appointed in accordance with section 69.  

The Council may, by resolution, alter or amend any of the forms or tables of articles or fees set out in any of the Schedules to this Act; but no such resolution shall come into force until it has been approved by the President, and published in the Gazette. 

(1) A Council may by resolution, with the approval of the Minister, establish a fund to be known as the “Mayor’s Fund” for the purposes specified in the resolution establishing the fund. 

(2) The revenue of the Mayor’s Fund shall be 
derived from— 
(a) such donations and other contributions as may from time to time be received for the Mayor’s Fund; 
(b) such moneys as the Council may by resolution authorise to be paid into the Mayor’s Fund. 

(3) All moneys to be expended out of the Mayor’s Fund shall be authorised by resolution of the Council. 

(4) Anannual report on the Mayor’s Fund together with an audited statement of its revenue and expenditure shall be submitted to the Minister. 

(1) A Corporation may apply to the Minister for approval to borrow such sums of money as it considers necessary for the execution of any permanent works or of any works which it is authorised to execute under this Act or any other written law or for the repayment of any loan or part thereof or for any purpose

. 
(2) An application for approval to borrow money shall State—
(a) the amount to be borrowed and the proposed rate of interest; 
(b) the purposes for which the loan is intended to be applied; 
(c) the period within it is intended to repay the loan and the method of repayment, whether by equal annual instalments, or principal and interest combined on the annuity system or otherwise; 
(d) the security, if any, to be given for the repayment of the loan; and 
(e) where no security is intended to be given, the provision to be made for the repayment of the loan and interest thereon from the Corporation Fund. 

(5) A Corporation may apply such portion of its general revenue as may be required to give effect to the terms and conditions of any approval given by the Minister under this Act in or towards the payment of the principal or interest or both, of any loan secured under this Part. 

(6) A Council may, with the approval of the Minister— (a) borrow as temporary advances such sums as are necessary for defraying expenses included in the approved estimates and are payable out of the 
Corporation Fund; and
(b) enter into arrangements with the manager of an approved bank with which it has a current account for the purpose of over-drawing its account to such extent as may be specified in the approval. 

(7) Any temporary advance borrowed by a Corporation under subsection (1) shall be repaid before the expiration of the financial year in which it was made.
 

(3) Where works carried out by a Corporation are being wholly or partly financed by loans, they shall be executed according to such plans and estimates and be subject to such provisions for the obtaining of the necessary funds as the Minister may approve.  

(4) The Minister may alter the plans, estimates and provisions referred to in subsection (3) in such manner and to such extent as he considers necessary before giving his approval under that subsection.
 

(2) The Corporation may collect on behalf of the Government such fees, rates and taxes as the President may by Order prescribe, and may retain for its own use such portion of those fees, rates and taxes as the Minister to whom responsibility for Finance is assigned may determine by Order.  

1) The corporations fund should be applied towards the payment of –
(a) the salaries and other remuneration of the Chief Officers and other officers and employees of the Corporation; 
(b) the pensions and gratuities under any written law applicable to the Corporation; 
(c) the expenses incurred as a result of prosecuting persons who have committed offences against this Act or any other written law; 
(d) the expenses incurred in forming and laying out, repairing, draining, and cleaning the streets, footways, squares and other public places vested in the Corporation, but not including the paving or maintenance of natural ravines, main drains and watercourses; 
(e) in the case of the Corporation for the City of Port of Spain, the maintenance of the pitch walk, rails and benches around the Queen’s Park Savannah; 
(f) the expenses incurred in the maintenance and management of markets, slaughterhouses, pastures, commons, recreation grounds or cemeteries and crematoria, under the control or management of the Corporation; 
(g) the expenses incurred in the maintenance and preservation of all corporate property; 
(h) any sums payable by the Corporation as a result of a judgment of a Court of law; 
(i) the expenses generally of and incidental to the carrying out of the provisions of— 
(iii) any other written law imposing duties on the Corporation entailing expenditure; and 
(j) any other sums which have been specifically voted by the Council and the payment of which is approved by the Minister.

(2) Where the Corporation Fund is more than sufficient to meet the expenses specified in subsection (1), the surplus may, with the consent of the Minister, be applied under the direction of the Council towards the erection of buildings or towards the acquisition of lands or buildings for any one or more of the following purposes: 
(b) any public institution situated within the Municipality and devoted to the care of infants or indigent persons; 
(c) the erection and maintenance of monuments or foundations or both; 
(d) generallyfortheimprovementoftheMunicipality and for the benefit of the inhabitants thereof.