Constitution of the Republic of Trinidad and Tobago/Chapter 12

by The Government of Trinidad and Tobago

Resignations

142.- 1. Subject to the provision of this Constitution, any person who is appointed or elected to or otherwise selected for any office established by this Constitution, including the office of Prime Minister or other Ministers, or Parliamentary Secretary, may resign from that office by writing under his hand addressed to the person or authority by whom he was appointed, elected or selected,

2. The resignation of any person from any such office shall take effect when the writing signifying the resignation is received by the person or authority to whom it is addressed or by any person authorised by that person or authority to receive it.

Re-appointment, etc.

143.- 1. Where any person has vacated any office as established by this Constitution, including the office of Prime Minister or other Minister, or Parliamentary Secretary, he may, if qualified, again be appointed, elected or otherwise selected to hold that office in accordance with the provisions of this Constitution.

2. Where by this Constitution a power is conferred upon any person or authority to make any appointment to any public office, a person may be appointed to that office notwithstanding that some other person may be holding that office, when that other person is on leave of absence pending relinquishment of the office; and where two or more persons are holding the same office by reason of an appointment made in pursuance of this subsection, then for the purposes of any function conferred upon the holder of that office the person last appointed shall be deemed to be the sole holder of the office.

First Schedule Forms of Oath (or Affirmations) of Allegiance and of Office

Section 37

Form of oath (affirmation) for the President:

I, A. B., do swear by ............................. (solemnly affirm) that I will bear true faith and allegiance to Trinidad and Tobago and to the best of my ability preserve and defend the Constitution and the law, that I will conscientiously and impartially discharge the functions of President and will devote myself to the service and well-being of the people of Trinidad and Tobago.

Section 84

Form of oath (affirmation) for a Minister or Parliamentary Secretary:

I, A. B., do swear by ............................... (solemnly affirm) that I will bear true faith and allegiance to Trinidad and Tobago and will uphold the Constitution and the law, that I will conscientiously, impartially and to the best of my ability discharge my duties as .............................. and do right to all manner of people without fear or favour, affection or ill-will.

Section 57

Form of oath (affirmation) for a member of the House of Representatives or the Senate:

I, A. B., having been elected/appointed a member of Parliament do swear by .............................. (solemnly affirm) that I will bear true faith and allegiance to Trinidad and Tobago, will uphold the Constitution and the law, and will conscientiously and impartially discharge the responsibilities to the people of Trinidad and Tobago upon which I am about to enter.

Sections 3, 91, 107, 11, 126, 131

Form of oath (affirmation) for the Ombudsman, a Judge, the Auditor General, a member of a Service Commission or a member of the Public Service Appeal Board:

I. A. B., having been appointed ................................... of Trinidad and Tobago do swear by ................................ (solemnly affirm) that I will bear true faith and allegiance to Trinidad and Tobago and will uphold the Constitution and the law, that I will conscientiously, impartially and to the best of my knowledge, judgment and ability discharge the functions of my office and do right to all manner of people after the laws and usages of Trinidad and Tobago without fear or favour, affection or ill-will.

Second Schedule (Section 72) Boundaries of Constituencies

1.- These rules are the Delimitation of Constituencies Rules in accordance with which the constituencies of Trinidad and Tobago are to be delimited under section 72(1).

2.- Subject to paragraph 3, the electorate shall, so far as is practicable be equal in all constituencies.

3.- the number of constituencies in Tobago shall not be less than two.

4.- In Trinidad and in Tobago, respectively, the electorate in any constituency shall not be more than one hundred and ten per cent nor be less than ninety per cent of the total electorate of the island divided by the number of constituencies in that island.

5.- Special attention shall be paid to the needs of sparsely populated areas which on account of size, isolation or inadequacy of communications cannot adequately be represented by a single member of Parliament.

6.- Natural boundaries such as major highways and rivers shall be used wherever possible.

7.- In this Schedule "Trinidad" means the island of Trinidad and its offshore islands, and "Tobago" means the Island of Tobago and its offshore islands.

Third Schedule [Section 94(4)(B)] Matters Not Subject to Investigation

1.- Action taken in matters certified by the Attorney General to affect relations or dealings between the Government of Trinidad and Tobago and any other Government or any International Organisation.

2.- Action taken in any country or territory outside Trinidad and Tobago by or on behalf of any officer representing or acting under the authority of the Government of Trinidad and Tobago.

3.- Action taken under any law relating to extradition or fugitive offenders.

4.- Action taken for the purposes of investigating crime or of protecting the security of the State.

5.- The commencement or conduct of civil or criminal proceedings before any court in Trinidad and Tobago or before any international court or tribunal.

6.- Any exercise of the power of pardon.

7.- Action taken in matters relating to contractual or other commercial transactions, being transactions of a department of government or an authority to which section 93 applies not being transactions for or relating to-

a. the acquisition of land compulsorily or in circumstances in which it could be acquired compulsorily;

b. the disposal as surplus of land acquired compulsorily or in circumstances in which it could be acquired compulsorily.

8.- action taken in respect of appointments or removals, pay, discipline, superannuation or other personnel matters in relation to service in any office or employment in the public service or under any authority as may be prescribed.

9.- Any matter relating to any person who is or was a member of the armed forces of Trinidad and Tobago in so far as the matter relates to-

a. the terms and conditions of service as such member; or

b. any order, command, penalty or punishment given to or affecting him in his capacity as such member.

10.- Any action which by virtue of any provision of this Constitution may not be enquired into by any court.

Passed in the House of Representatives this 26th day of March 1976.

J. E. CARTER

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-fourths of all the members of the House, that is to say by the votes of 31 members of the House.

J. E. CARTER

Clerk of the House

Passed in the Senate this 24th day of March, 1976.

R. GRIFFITH

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 two-thirds of all the members of the Senate, that is to say by the votes of 17 Senators.

R. GRIFFITH

Clerk of the Senate

Legal Supplement Part A to the "Trinidad and Tobago Gazette", Vol. 19, No. 314, 2nd October, 1980

FIFTH SESSION FIRST PARLIAMENT REPUBLIC OF TRINIDAD AND TOBAGO

REPUBLIC OF TRINIDAD AND TOBAGO

ACT No. 37 OF 1980

[L.S.]

AN ACT to establish the Tobago House of Assembly for the purpose of making better provision for the administration of the Island of Tobago and for matters connected therewith.

[Assented to 23rd September, 1980]

ENACTMENT

ENACTED by the Parliament of Trinidad and Tobago as follows:-

SHORT TITLE

1.- This Act may be cited as the Tobago House of Assembly Act, 1980.