Legal Supplement Part C to the Trinidad and Tobago Gazette, Vol. 38, No. 204, 4th November, No. 47 of 1999
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1 Legal Supplement Part C to the Trinidad and Tobago Gazette, Vol. 38, No. 204, 4th November, 1999 No. 47 of 1999 Fifth Session Fifth Parliament Republic of Trinidad and Tobago SENATE BILL AN ACT to repeal and replace the Trinidad and Tobago Association in Aid of the Deaf (Incorporation of Trustees) Act, PRINTED BY THE GOVERNMENT PRINTER, PORT-OF-SPAIN REPUBLIC OF TRINIDAD AND TOBAGO 1999
2 3 BILL AN ACT to repeal and replace the Trinidad and Tobago Association in Aid of the Deaf (Incorporation of Trustees) Act, [, 1999] ENACTED by the Parliament of Trinidad and Tobago as follows: 1. This Act may be cited as the Trinidad and Tobago Association for the Hearing-Impaired (Incorporation) Act, Enactment Short title
3 4 Interpretation Incorporation of Association Purpose of the Association Powers of the Association 2. In this Act former organisation means the Trinidad and Tobago Association in Aid of the Deaf. 3. The Trinidad and Tobago Association for the Hearing-Impaired (hereinafter referred to as the Association ) is established a body cororate. 4. The purpose of the Association is to improve the quality of life of the hearing-impaired in Trinidad and Tobago, and for this purpose the Association may: (a) establish schools and other institutions for the education and training of the hearingimpaired; (b) facilitate and encourage the employment of the hearing-impaired; (c) operate services for the diagnosis of, and programmes for research into, hearingimpairment; (d) monitor the incidence and investigate the causes of hearing-impairment in Trinidad and Tobago; (e) provide counselling and psycological support for the families of the hearingimpaired; (f) organize courses of instruction for hearing persons to facilitate their communication with the hearing-impaired; (g) do all other things necessary or expedient for the attainment of the purpose set out herein. 5. The Association shall have the power (a) to purchase or otherwise acquire any land, interest in land or other property real and personal;
4 5 (b) to accept subscriptions and donations (whether of real or personal estate) and devises or bequests for all or any of the purposes aforesaid and to sell and dispose of, to lease and accept surrenders of leases, and manage all real estate (including leaseholds) so received and not required to be or capable of being occupied for the purposes of the Association and generally to manage, invest and expend all moneys belonging to the association; (c) to obtain, collect and receive money and funds by way of contributions, donations, legacies, grants and any other lawful method and accept and receive gifts of property of any description (whether subject to any special trusts or not); and (d) to support, contribute to or work in association with any other body which may have, or be working towards the achievement of, similar purposes. 6. (1) Upon the commencement of this Act all real or personal property of whatever nature now held by or vested or deemed to be vested immediately before the commencement of this Act, in the former organisation, shall vest in the Association. (2) Legal proceedings pending or claims subsisting against the former organisation immediately before the commencement of this Act may be continued on and after the commencement of this Act, by the Association. (3) A reference in any enactment, deed, contract, land, security or other document to the former organisation shall upon the commencement of this Act, be construed as a reference to the Association. Vesting of property
5 Mode of execution of documents Service of documents on the Association 6 7. All documents requiring the seal of the Association shall be sealed with its common seal in the presence of the President of the Association and the Secretary, and one other member of the executive board all of whom shall sign every such document and such signing shall be prima facie evidence that the seal was duly affixed and that the same is the lawful seal of the Association. 8. (1) The Association shall at all times have a fixed address in Trinidad and Tobago for service of documents on the Association and that address and any changes thereof shall be registered with the Registrar General within twenty-eight days of the day of incorporation or the change of address as the case may be. (2) The address for service of the former organisation immediately before the commencement of this Act shall, upon the commencement of this Act, be the registered address of the Association. (3) All documents to be served on the Association may be served by leaving the same, at or by sending the same by registered post to the registered address of the Association. (4) Failure to register the address and any change thereof is a summary offence and renders the Association liable to a fine of one hundred and twenty dollars for each day during which the offence continues after conviction thereof. Powers to make rules 9. (1) The Association may make rules for the proper conduct of its proceedings and for the discharge of its powers and functions and may vary or revoke such rules. (2) The rules set out in the Schedule are the rules of the Association.
6 7 10. Nothing in this Act shall affect or be deemed to affect the rights of the State or of any bodies politic or corporate or of any other persons except such as are mentioned or referred to in this Act and those claiming by, through, from or under them. 11. The Trinidad and Tobago Association in Aid of the Deaf (Incorporation of Trustees) Act, 1962 is repealed. Saving of State and other rights Act No. 18 of 1962 repealed SCHEDULE RULES OF THE ASSOCIATION Section 9(2) 1. (1) The Association shall have the following classes of members: (a) Ordinary members who, upon acceptance by the Executive Board, and required to pay an annual membership fee; (b) Honorary members who are so elected by majority vote of not less than 2 /3 of the members present and voting at an Executive Board Meeting. Only persons who, as ordinary members, have given meritorious service to the Association or other deserving persons who have shown outstanding interest in or dedication to the work of the Association may be elected as honorary members; (c) Group members are entitled to send two named delegates to any Annual General Meeting or Special General Meeting of the Association. Each delegate has one vote but is not eligible for election to the Executive Board. Only groups or organisations whose aims and objects are not in conflict with the purpose of the Association may be accepted into membership. The Group or Organization may be required to pay an annual membership fee; (d) Life members: Ordinary members may opt to become life members on payment of the appropriate fee; (e) Patrons: The Executive Board may, by unanimous vote invite worthy persons who have manifested interest in the work of the Association to be patrons. Membership
7 8 2. All fees relating to membership are fixed by the Executive Board and adopted at the Annual General Meeting. Management Election to Board 3. (1) The Association shall be managed by an Executive Board (hereinafter referred to as the board ) which has general conduct and direction of the affairs and finances of the Association. (2) The membership of the Board shall be comprised of the President, the Vice-President, the Honorary Treasurer, Public Relations Officer and twelve other members of the Association. (3) In addition to the persons mentioned in paragraph (2) each Branch of the Association is entitled to have one representative on the Board. 4. (1) Election to the Board shall take place at the Annual General Meeting from among financial members. (2) Board members hold office for three years and are eligible for re-election. (3) Membership on the Board terminates automatically if a member is absent without good cause from three consecutive meetings of the Board. (4) The Board may at any regular meeting fill any vacancy in its membership from among the financial members of the Association. The person so appointed to fill the vacancy shall hold office until the next annual general meeting when a Board member shall be elected for the unexpired term of the member whose absence gave rise to the vacancy. Branches 5. (1) The Board may by a simple majority of its members present and voting approve the formation of Branches of the Association. Finance and records (2) Members of a Branch are required to pay to the Association an annual fee as determined by the Board. (3) Each Branch may adopt its own bye-laws, elect its own officers and raise funds locally to enable it to carry out its local projects subject to the approval of the Board. 6. (1) The financial year of the Association is from 1st January to 31st December. (2) Records of all financial transactions of the Association must be kept including books of accounts, registers and inventories of all the assets of the Association.
8 9 7. (1) An annual Statement of Income and Expenditure for each financial year and a Balance Sheet as at the end of that year are to be presented at the Annual General Meeting next after the end of the financial year. (2) Books of accounts and records of the Association are to be submitted to the auditor duly appointed by the Association for examination and report. The auditor s report shall be presented with the financial statements to the Association at the Annual General Meeting. 8. The funds and property of the Association may be used only for the attainment or furtherance of its purpose. 9. (1) The Annual General Meeting of the Association is to be held at a time and place determined by the Board, but not later than 31st May in each year. (2) Special General Meetings may be called at any time by the President, Vice-President or Secretary or upon the written request of not less than five members of the Association. (3) Notice of not less than 14 days must be given in the case of the Annual General Meeting and notice of not less than 5 days must be given for Special General Meetings. (4) No business other than that for which the meeting was called may be conducted at the meeting, save with the consent of a majority of those present and voting. (5) Non-receipt of a notice of a meeting by a member to receive the notice in time does not invalidate the proceedings of the meeting. (6) Fifteen members of the Association shall constitute a quorum. 10. (1) Meetings of the Board shall be held at least once every two months. (2) Special Meetings of the Board may be called at the insurance of the President, Vice-President or Honorary Secretary or on the written request of three members of the Board. (3) Six Members of the Board shall constitute a quorum. Accounts Funds, etc., to be used only for purpose of Association General Meetings Board Meetings
9 10 Registers Committees Duties of Officers Amendments to Schedule 11. Separate registers as approved by the Board shall be kept for: (1) Ordinary members; (2) Honorary members; (3) Group members; (4) Life members; and (5) Patrons. 12. The Board may appoint committees as it thinks necessary in the interest of the Association and shall define the duties of each committee. 13. (1) The President shall preside at all meetings of the Association and shall present a report to the members at the Annual General Meeting. The President is Chairman of the Executive Board and ex officio a member of each committee. (2) The Vice-President shall perform the President s functions if the latter is unable to attend to the affairs of the Association. If both the President and Vice-President are absent from a meeting of the Association or of the Board, the members present shall choose one of their member to preside. (3) The Honorary Treasurer is responsible for all the finances of the Association. He shall ensure that proper books of accounts and records of financial transactions are kept and that effective systems of control regarding all receipts and expenditure are maintained. (4) The Honorary Treasurer shall present to the Annual General Meeting the annual Statement of Income and Expenditure and the Balance Sheet, with the Auditor s Report thereon in addition to the Treasurer s report for the period to which the financial statements refer. (5) The Honorary Secretary shall ensure that minutes of all general meetings and Board meetings are properly recorded and secured. (6) The Public Relations Officer shall keep the public informed about the business and activities of the Association. 14. (1) This Schedule may be amended in Annual General Meeting or in any Special General Meeting called for such purpose. (2) A copy of the proposed amendment shall be submitted to the Board so as to enable the Board to notify members of the proposed amendment not later than 14 days prior to the date of the meeting.
10 11 Passed in the Senate this day of, I confirm the above. Clerk of the Senate President of the Senate Passed in the House of Representatives this, day of Clerk of the House I confirm the above. Speaker
11 No. 47 of 1999 FIFTH SESSION FIFTH PARLIAMENT REPUBLIC OF TRINIDAD AND TOBAGO BILL A N A CT for the incorporation of the Trinidad and Tobago Association for the Hearing-Impaired and for matters incidental thereto. Received and read the First time... Second time... Third time...
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