PART 4

ELECTIONS AND BOUNDARIES COMMISSION

CONSTITUENCIES

70.- 1. Trinidad and Tobago shall be divided into thirty-six constituencies or such other number as may be provided for by an Order made by the President in accordance with the provisions of this Part and each such constituency shall return one member to the House of Representatives.

2. Not less than two such constituencies shall be in the Island of Tobago.

ELECTIONS AND BOUNDARIES COMMISSION

71.- 1. There shall be an Elections and Boundaries Commission for Trinidad and Tobago (in this Part referred to as "the Commission2).

2. The members of the Commission shall be a Chairman and not less than two nor more than four other members.

3. The Chairman and other members of the Commission shall be appointed by the President, after consultation with the Prime Ministe and the Leader of the Opposition.

4. A person shall not be qualified to hold office as a member of the Commission who is a Minister, a Parliamentary Secretary, a member of the House of Representatives, a Senator, a temporary member of the Senate, or a public officer.

5. Subject to the provisions of this section, a member of the Commission shall vacate his office-

a. at the expiration of five years from the date of his appointment, but is eligible for re-appointment; or

b. where any circumstances arise, that, if he were not a member of the Commission, would cause him to be disqualified for appointment as such.

6. Three members of the Commission shall constitute a quorum.

7. Where there is a quorum, the Commission shall not be disqualified for the transaction of business by reason of any vacancy among its members, and any proceeding of the Commission shall be valid even though some person who was not entitled so to do took part therein.

8. The Commission may regulate its own procedure.

9. The Commission shall be provided with a staff adequate for the efficient discharge of its functions.

10. The salaries and allowances of the staff of the Commission shall be a charge on the Consolidated Fund.

11. The registration of voters and the conduct of elections in every constituency shall be subject to the direction and supervision of the Commission.

12. In the exercise of its functions under this section the Commission shall not be subject to the direction or control of any other person or authority.

PROCEDURE FOR REVIEW OF CONSTITUENCY BOUNDARIES

72.- 1. The Commission shall, in accordance with the provisions of this section, review the number and boundaries of the constituencies into which Trinidad and Tobago is divided and submit to the Primer Minister and the Speaker for presentation to the House of Representatives in accordance with this section reports either-

a. showing the constituencies into which it recommends that Trinidad and Tobago should be divided in order to give effect to the rules set out in the Second Schedule; or

b. stating that, in the opinion of the Commission, no alteration is required to the existing number or boundaries of constituencies in order to give effect to the said rules.

2. Reports under subsection (1) shall be submitted by the Commission not less than two nor more than five years from the dare of the submission of its last report.

3. As soon as may be after the Commission has submitted a report under subsection (1)(a) the Minister designated by the Prime Minister for this purpose (in this section called "the Minister") shall lay before the House of Representatives for its approval the draft of an Order by the President for giving effect, whether with or without modifications. to the recommendations contained inthe report, and that draft may make provision for any matters which appear to the Minister to be incidental to or consequential upon the other provisions of the draft.

4. Where any draft made under this section gives effect to any such recommendations with modifications, the Minister shall lay before the House of Representatives together with the draft a statement of the reasons for the modifications.

5. Where the motion for the approval of any draft made under this section is rejected by the House of Representatives, or is withdrawn by leave of that House, the Minister shall amend the draft and lay the amended draft before the House of Representatives.

6. Where any draft made under this section is approved by resolution of the House of Representatives, the Minister shall submit it to the President who shall make the Order in terms of the draft; and that Order shall come into force on such day as may be specified therein and, until revoked by a further Order made by the President in accordance with the provisions of this section, shall have the force of law.

7. The question of the validity of any Order by the President purporting to be made under this section and reciting that a draft thereof has been approved by resolution of the House of Representatives shall not be enquired into in any court.