X tal-1983 – Att tal-1983 dwar id-Devoluzzjoni ta' Ċerta Proprjetà ta' Knejjes

(1..S.)

A aATHA B AUAU

P~idenl

h t July. 1983

Aa No. X of 1983

AN A CT 10 moke pro~lsion (01' the "tSling ;/1 I~ GQt'e"'~1II of cer-

lain , iglm 0,"" Iml1KWoble properly IKqulreti by any Church or

other PioI ... or R eligious Irmilulion p"f'juam to Ihe law 01 presq'i".

lion or under Q wndilion IQ use such properly fO/' U paf/;eu/a!

purpose and to regu/ale ur/aln Pious Itguc:lts. PlouJ bur/hens.

donMiam, foundal/OM or trus/s/or tire ctlebnJlion of M aMa.

BE IT ENACTED by the President. by and with Ihe advice and

COIlKDi of Ihe House o f RepTe5entat;ves. in Ihis prescnt Parliament

assembled. and by the 8uthQ.i!y of the same. as follows:-

This Act may be ciled as the Devolution of Certain

(1)

Chureh Property Act. 1983.

(2) T his Act shall CO me inl 0 force on such dale" the Minister

responsible fO<" lands may by notice in the Gazette appoint and d ifferent

dates may be 50 appointed for different provisions or for different

purposes at this Act.

(Secl ion 51

COV ERNMENT OWNED CHA PELS AND C!lURCHES

Usrd for rf~ular EccJ"iaSlital serviers open to t he puhlk

MALTA

SI John'l Co-Cathedral, Vallena

Our Lady of Pilar Church, VoUelta

Saint Barbara Otun::h, ValleUa

JesuitS Chun:h, V.licUa

Our Lady of Victories OIureh, V.lIeua

Se Oothcrin.e of Ilaly Church, Vallells

St James Church, Vallc:tta

Our Lady of Liesse Church, Vallena

OIapel of the Annunciation 81 f awwara, limil~ of Si~iewi

Chapel of Tu-Salib, Raba t

OIapel of Ihe Immaculate Conceplion al Wied Oer1:uma , Rabat

Buskell OIapeJ, Mdina

SI Oswald Church. Mlnrl;!

Snint Silvester Church. Mosl"

Sarria Church. FIOtjanM

Chapcl 01 SI Calcl"ilonius. Flori. nu

Chapel ()f SI Andre"'S. SI Ju\j3n!

Chapel of St I"~[et. Ilahar itOghaq. Gharghur.

GOZO ANO (."OMINO

Chapel of the Annunciation. limit' of Victoria

Comino Chapcl. COnlino.

Pass.ed by the Hoo", of Rep~ntat i,-a al Sinin, No. ] 14 of lhe: 29th June. 1~83.

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(]) Any right in or over Bny immovab le properly vesled in

Any Church or olher Pious or Religious Instilulion on Ihe day of the

coming inlO force of Ihis Act. being a right acquired by 51.11:h Church or

""lultod by"'1

other Pious o r Religious Institution. hereinafler referred to as " Eccle-

siastical Enlities". in pursuance of the provisions of T ine XXV of Pari 11

of Bool.: Second of Ihe Civil Code relating to P~ription. or of any

olher such law in force 8t the lime of luch acq uiSi tion before the pr0-

mUlgation of Ihat Code. shall. by virtue of Ihis Act. vest in Ihe Go,·em·

mCTlt wilh effect from the coming into force of this Act

Pro~ided that this section shall not apply 10 any inlnlo..able

properly destined for service as a church or chapel and 50 used on tbe

date of the coming into for~ of Ihis Act

I'ro~ided further Ihat Ihis section shallllso be applicable .... here

lhe ri,h! 50 acquired by the Ecclesiastical Entilies has been transferred

to any person afler Ihe 16th day of J une. 1983; and for the purpolleS of

this se<:tion such transfer shall be deemed nOI 10 have beeD made.

(2) The prm;s;oo, of ,ub=:tioo (I) of thi~ =tion shall alse)

apply 10 any residual righlofan y Ecclesiasticat Entity retained by such

Ent ity on an y aliena lion. made before the coming inlo force of this Act.

of ~ny prorcrty ~<"<Iuired by , u~h Enti ty in pursua nce of the provision s

of law mentioned in the .. id sub=:tion.

(3) For the purposes of subseclion (2) of Ihis =tion. th"

term "residual right" includes all the rights of the direc",,,, tlomi"",·

or sub-dirocrum dominus in a cOIIlracl of ernphytcusi~ or ,u~mphy­

teusis.

T he immovable properl)' 10 which section 2 of this Act refers l><:$Iip,tio<I 01

and/or any price. proceed, Or income deriv ing Iherefrom. shall be pr<>peny """od

applied only to educational purposes.

(I) Any person who immediately before the coming into lnform.tioo to

operation of Ih is ACI was responsible fo r the adm inistra tion of any be "pd.,"" to

im movable property \0 which seclion 2 of this Act appt"res. or who. afler o,mmi"'op<r

of L • • d,

the com ing imo o!'<'r~t ion of thi, Act. had the de lac/(> control over.

OT adm inistration of. , uch property, shall. within IwO months from the

coming inlo force of Ihis Acl. deliver 10 the Commissioner of Land. on

the form whiCh Ihe Minister responsible for lands. hereinafter referred

to HS ·' the "·l in iSl"r". may by re~ulation, prescribe. a 51alement which

shall conta in

(a) such description of the properly and uny Olhcr informa-

tion which tend s to identify it. as m"y be prescribed. and

(b) an indication of lhe period during which such property

was so ~cqllired.

(2) Anv person who wilfully or ne,'!'ligenlly fail. to deliver to

the Commissioner o f Land the ~tatemem referred to in subseclion (1l of

lhis section within Ihe time Ik,ein mentioned , Or shall dcliv~r to bim a

statement wh ich i. false in any malerial particular. shall be guilty of an

offence againsl Ihis Act. "od upon conviction shall be liable to a fine

(""'/Ia) not e~ceeding Lm5.000 . and the Court may order the forfeiture

of any sum which may be due according to Ihe )lTo"isions of this Act

rn respe<;1 of th e prorcrty 10 which the offence relates.

S. (I) Any rcrson having [he administration of. or under his Furnitu",

posoession or control. any of the immovable properly lisled in the ..u"in, ;"

Schedule to thi, Act. shan. within Iwo months from the dale of the p.ropen1

Nnling Inlo force of th is Ac!. draw up and deliver (0 the Commisoioner I><fo", th<

of Land an inventory of a ll the furnilure. fi ~t ure s and tin ings existing <omio, io'o

in Inc property on the dale of (he com ing into force of this Act.

T he fum;lure. fixtures and fil1ings exisling in the properlY

(2)

listed in theSchedulc to Ihis Act on the da le of the coming imo fo"-,,, 0'

this Act shall bepresumed tobe owned by the Governmenl _

m Any person who wilfully or negligently _

(a) fails to deliver 10 Ihe Comm iSllioner of Land the inven-

lo ry ,elerroo 10 in SUbse<:lion (I) of this section wit hin the time

lherein mentioned, or

(b) gives a fa l~ description of any article or item included

in ,u,h in ventory. or

(e) omits from such inventory any arlicle or ilcm which

sho uld havc been inc1 udoo thereio.

shall be guilly of an offence Hgain.t lh is Act. and upon conviction Sha ll

be liubl: 10 a fine (",,,/la) not c~ceeding lmS,OOO.

(4) In this $OI;lioll . the I:J[pression "furniture" includes pie.

tures, statues, 0011«1;0115 o f boob or other documenU, sacred vessels

and "CSlment! and Iny article of precious metaL

(I) Any disposition inler ~i>'QS or Cl]U$Q nlO"';" made after the

coming inlo fon;:e of this Act whereby any rents. interesu or other civil

fruits derivw from any movable or immovable pIOpc:rty are to be

employed in the celebration of ma.sKS for the repose of souls (whether

any other right in or o~r JIl(:h propo:rty is transferred or noO or whereby

any burthen for any such pUrpo5C is imposed on such property or I)I1Ihe

holden of, or on persons having In inlere:sl in. such property, and in

which provision ;1 made whereby such disposition lhall be operative for

a period of moll' than twenly.five years or wbereby the provisions Qf

subscctiol1$ (2), (3) and (4) of this section shall not apply. shall be null

to the extent Ihal such disposition is 10 be operative for any period in

excess of IIVe.U y.five years or whereby the provisions of subsections (2).

(3) and (4) o f thi1 section ~rl: not 10 ~pply, as thl: c:aJI: may be.

(2) Any person making a dispositioP for the purpo:scs

referred to in subseclion ( I) of this section Or his lawful S'JCCeSS(Ir. shall,

nOI later than six months after the lapse of ten years from tM coming

into force of any s\J\:h disposition. be enlitled to elect by means of a note

filed in the First Hall of the Civil Court

Ii) that such a disposition slull continIJC to be operative

for a further period, which, togetber with the period already lapsed

on the date of fWng of the note. shall DOl exceed Iwrnty.five}"ellnl;

(ii) that such a disposition .ball not continue to be opent,\'!

and that any right in or over the p\ope.ty Or the right to receive

the rents. interests or other civil fruits to which s\J\:h disposition

applies . as the case may be. shall vest in him; or

(iii) tbal such a disposition shall not continue to be 0lIe11l·

live and tbat any right in or over the property or tM rithl to

receive the rents, interests Or other civil fruits to which such d is-

position applies. as the case may be. sha ll vc:st in the <kM:m~nt

and thereupon such property Or any price or proceeds deriving

therefrom or any such rents. interestJ or othtt civil fruits, as the

case may be . shall be applied by the Governmen t only to the

purposes referred 10 in section 3 of this Act.

(3) Where any ptllOn entitled to file a nnte liS is referred to

in subsection (2) of this section faih. in Ihe period therein mentioned. so

to file s\J\:h note. it shall be d~med that he ha! elected that tM provi.

sions of paragraph (iii) of the »id sub$ection $hall apply.

(4) Where there are 111'0 or more lawful succes.wn of the

person wOO made a d isposition for the purpmes rderre<! to in subsection

([) of this section. each such successor shall be entitled to make lhe note

refened to in subseclion (2) of Ihis seclion in rela tion to Ihe share 10

which he succeeds.

(S) Thl: provisions of subsections (l) to (4) of this section

shall apply. mU/DIu mutundlJ to any d isposition referred to in suI).

section (I) of this section made bd~ the coming into f~ of th is Act

and where, on the coming into force of thi' Act, any luch di1posilion ha,

been operative -

(a) for a period of more than len years but less than twenty,

five years. the nOle rderred to in sub$eclion (2) of this J«tiOD shall

be filed DOt late r Ihan ,h month1 after the coming inlO force o f Ibis

Ace; and

(b) where the disposition has been operative for a period of

more than twenty-five years. the note rderred to in $ubsmion (2)

of Ihis section sh3U be moo not later than six months dler Ihe

coming into force of Ihis Act. and shall indicate onlr whether the

person making it elccts to have the right 10 rece"'1' the rents.

interests or other civil fnlits vested in him or the Govemmen1.

(6) Where. in accordance with the proVilioru of subsection (5)

of this section any ""TSOn el e<;t~ for the option ;n parllgrnph (H) of su\:>.

section (2) of this section. the compens.ation paid by Ihe Government

under the provisions of paragmph If) of subiection (3) of seelion 8 of

this Act rdating to the ces.sation or limitation of the disposilion in

respect of which such option is exercised. shall he refunded 10 the

Govern ment by such p<"nan.

Where any property or right over prop<"rty transferred to any Pro_of

Ecclesiastical Entity for the purposes referred to in suhsect;on (I) of 00<ti000 , '"

seetion 6 of this Act whether before or after the rom;ng into fon:e of .p,.Iy

po ,

-",

Ihis Act. has been transferred wh~ther before Or after the coming into

force of thi. Act by such Ecclesiastical Entity. the rillha of the penon J b'aDOlOJR<l by

merred to in that section shall be erercis:.ble in relation to the price 1!o:"eoiUlO:al

""lily.

or proceeds of the I",rufer by such Ecclesiastica l EntilY andlor in rela-

tion to tile interests or other civil fruits deriving from the price or pro-

eee<b of such trarufer.

(1) Any pcnan claimi ng to have a righl 10 ~ive compensa·

tioo on the gt'Onmithat he had pDSseMion of or an inlerest in or I ri~hl

over. any pl'O!)erty to which Ihe prov~ions of sections 2. 6 Ind 7 of this

ACI apply. and Ihat sucb proDef'!Y. inlerest or right ha, been t'OIIlllUbori ly

taken p~ion of Or acquired under the promions of Ih is ACI. DlIy

institute ~inl!ll before the Fillit Halt of the Civil Court for the

pU~ of detennillillg h~ interest in or righl over the Pl'O!)erty and the

amount of any romO<:!l!Slllion to whicb he may. in aC01lrdanec wit h lhe

provisirm, of Ibi! Act. be entilled and for tile !)IITpOSe of oblaininll pay-

menr of t1131 comoensation: Ind any determination on any such pI'OC)eIed_

in~ sluli be subiect to IInneal to the Coort of Aooeal in accordance

with Ihe provisiom of the Cod~ of Organintion and Civil Procedure.

(21 For the pUrposes of the determioalion of lhe oompeRSltion

(if any) payable under this ".,ction in resoect of ",ope. I V. interest 01' right

affected hy the provisioM of 5eCIiOil! 2. 6 and 7 of Ih;" Act. thilt case

shall be tre3!ed as. !flCcial case in which J>arliament deems iIIOOlOO' ilte.

in the national inlerest. to establish Ihe criteria 10 be follo\\-nI. includ ing

the factors and other circumstalK'C'l 10 be taken into l«'OIInl. for that

,"-

(3) The crileria 10 be followed. including the factors and

other circum"an~ 10 be taken into account in the determinalion of any

compensation that may be ooyable in coosequctltt of the provi,io.., of

this section and 01 sectiorut 2. 6 and 7 of this Act. &hall be the followinJ

(a) the functioo of any Church i, euentially a 'Di ritual one

and as such ~ totally alien and unrelated 10 any ma terial or venll

"'''''"''

(b) the use 10 which the property or riShtJ can he put by the

Govemmn.1 in pursuance of jtJ obligalion! ari,ing OUI of the pr0-

visions of Ihi! Act i! restricted. io lhe national interest. to the (ur-

therance of free education for . 11

(c) lhe application of $Cction 2 of this Act is restricted to

rights and inteft!;IS acquired by prt:SCription: and Ilthough 'uch

mod e of 3"<1u;,;1;00 is re<:ogn;zed b)' Ihe law even in Ca ses where

good faith is absent. yet it should never be a mode whereby an y

Ecclesiastical Entity should ac~uire n right, because such mooe of

acqui ~ iti on

runS counter to the teachings and principles embraced

by such Entity that a right should nev~r b~ acquired from the

pe'jon entitled to il without his con.lent;

(dt lakin~ into l<;counl the facI that the mode of acq u isition

by prescript ion ve'ling any ECClesiastical Entity with the fK>S'essio n

of. interest in Or righ t over, the property affected by thIs Act did

not "e.;;essarily imply the givins of any consideration by any such

Entity and that no compensation was payable to the person

deprived of such properly or right by reaSOn only tha t the same wn,

SO acquired by the said Entity. the comrensation payable shall in

no case e'ceed Ihe value in money of the consicler~tion e;iveo by the

Ecclesiastical Entity 0, the nllle 01 \h ~ ;:>wperty 0, "ghl current

a t the time of the ~"qui,itjon. whichever i, the greater. from wh ich

val ue shall be deducted

(il the value of any benefit derived from the prorerty

or right during the tim e in which such prop?rty or right waS

vested in the Ecclesiastical Entity;

(ii) the c ~pense \0 be incurroo in the r~storation of the

property to a proper state of repair

Prov ided that the amount of any compensaTion in relaTion to

any improvements effected in the property by the ECdesiastical

Entity ~ha !l be dumed to have bun set off by the value of the

enjoymen t of such improve ment by lhe said Entit y during any time

befo re the coming into fo rce of this Act

(e) the monies derived from the property affected by sections

6 "nd 7 of th is Act were deslined (0 be emplo)'ed by the &:c\esiast i-

ca I En I ;Iie.'! for the benefit of ot~c,s, and therefore suc~ Entiti.::! have

not ~uflered aoy loss because of those provisions of thil Act which

divest them of the D05SCssion of such monie.'!: ~n d T~e Govemment

stands to ma ke nO financial gain from the changes which this Ac l

brings about in the authorities or persons responsihle for the appli-

cation of such monie-s and in the purp(lSCs to which suc~ monies

are applied

(f) lor the =sa tion or tin'itat ion of any d isposition to ",hich

sections 6 and 7 of this ACI refer, any compensation payable shall be

cQu ivaknt to the amouot of one-twelfth part or the annu~1 rent.

intere:;!. other ~i\'il fruits or any other ,u rn .mployed ;n the celeb ... ,, ·

liDO 01 Mas"CS immediatel), hefore Ihe commg into force of Ihis

Act

f>fO\'id ed Ihat if the tOlal of the a mounts P'lyable in acwrdanee

wilh the provisions of th is subsection for alllhe proi>'!rty, rights or intc·

restS affected by the provis ions of sections 2. 6 and 7 of thi, Act is less

than l mSO.OOO, there shall be pa yable the sum of Lm50.000.

(4) If, before Ihe lapse of three months from the coming iato

fo'ce of Ihis Act. no per:o;on as is mentioned in subsection (I) of this

sl'Cl ion shall have introduud before Ihe First Hall ~I the Civi] Court an

a~ticn for" ,lec1amt~)n that the ~Um pavable for all the property. righl'

Or int~..,srs nffcctro by the provisions of sec1ions 2. 6 and 7 of tl'is Act

in accordance: wilh subsetl;on (3) of this se<1ion should. 3CCo.-din,o; 10

lhe ~r;teria. f~Clo", and circumstance.< Iherein mentioned be established

~I an amoulll greater than Lm50.000, and for The deTrmtination of such

by the Court, the ,um of LmSO,OOO sb~ 1I be dcemcJ 10 be the

aox>UIlI

sum I"'yablc in accon!Huce with the provi,iollS of the snid subsect iou

Provided Ihat no action undcr Ihi, sahS"c!ion shall be adm i ...

sible unless, logel her wit h the writ there ,hall be filed in Court all the

document s in suppon of thc demand,.

(S) T he loml amo unt est ablished in accordance wit h the pro-

vision. of subsec tions (3) and (4) of Ih is section shall be deposited in a

Ua n ~ in Maaa to the credi t of Ih e Melropoli tan Archbishop of Maila

on behalf of any Ecc!esiast ica; Enti(y or person, of whale ver creed or

denomin ation . enl itled ~coording (0 this ,.,;ction and sections 2. 6 and 7

01 this Act to a ,harc of the nmOllnt '" deposited.

Such deposit shall be made within two weeks from the

lapse of Ilt e time iodicated in ,ub'<x tion ( 4) of th is section or from the

date when the judgment in the acti"n therein mentioned shall have

become fina l. as the case may be: and such amoant shall thereafter be

distribut .. ..:! among Ihe "Mious perwns whoS" ri ghts have bCl<':D affected

by the provisions of sections 2. I> and 7 of this Act in proportion to thei r

inl erest. Such distrihution shall be made in accordance with 'uch direc·

lions as the Metropol itan Archbishop of Malta may give

Provid~d th"t if n" such directiolls arc given by the Mctropo-

l it~n

Archh:shop of Malta within three mOl1tli s from the date of the

deposit mentioned in thi~ ,""tion. or if, with in three month, from the

dUlC of such d Lreclion, . agreement is not reached by a ll the persons

enl itled under this Act to a sha re of the amount so deposit ed as to rhJ

manner of distribution or the amOUnt payable to each in acoord,,"ce

with suc h directions, th e mllnner of distribution ~nd Ihe amoun t p"y,

ahle to each ~\lch person shall be determi ned by the F irst Ha ll of Ihe

Civil Cour1.

Wiln effect from the comin~ into force of this Act whe re. V .. 'inl of

(I~

m any instrument it1lrr vi"OJ' "hereby any right in nr over any immo,', (;owe"' .... n'

wi,h light> ove r

able property i. vested in any Ec~l~sia.tical Ent i1y aDd in sucb instru· prop<"Y "bi<h.

ment a condition is imposed whereby the property is to be used for a 00 tbe

purpose or in a n"nne r cxpresso:d Or im['lied in lhe inst rument, and, On """'men"" ..... '

,-

th e 17th day of June. 198.1. the property is not . for any relWo whatso- o f this ACl, i.

ever. used for the purpose Or in the manner as is provided in such inslru· "", u..,d b y

mem, then. by virtue of this Act ,>nd with effect from its coming. ioto Hed ..... !;.;,.]

force, the ,igllt in 0' over the prorerty vested in the Ecclesi~stical Enlily En,j,y for ,he

'"-

by virtue of lhe said instrument shall ve>t in the Govern ment an d ther~

upon any right of the Ecclesia,tical Enlity in or over such prorerty shaU d."io.d / ... i,.

cease.

(2)

Nothing conta ined in subsedion ( I) of this seclion shall

be deemed 10 I.·onfer on the Eccbsia,t ;c" l Entity any right agaimt the

Government which ,uch Entity would not bave had under the instru·

ment referred to in th at sub~ection as"il'st the party vesting the right in

or over the immovable propert), in such Entity. had such party. because

of the facl that the EcclesiastIcal Entity had nol ahided by the cond ition

mentio ned in the said instrument. exerei>ed its right to claim Ih e dissolu.

tion of the r i~hts and oblipt ions to which the im trument refers and the

reversion of the property to wh ich su('h instrument a[,plie.'.

(3) If the Ecclesiastical Entity claims to ha ve a right to

receive comrensation from the Government On the grouod Ihat it had

~~on of o~ inter~t in or a right over. any property to wllich Ihe

provIsions of Ih, s seeMn apply. and th at s uc h properly, intel'est or right

h,as been ~mpulsory taken possession of or acquired under the provi-

SIOns of IhlS seehOn, such Ecclesiastica] Enti ty muy institute proceedings

~?rc the ~ir:;t ,,!aH of the Civil Co un for th e purposes of dClennining

lIS mteresl In or nght over the property and the amount of any coml?CD'

salion ,10 which it may, in accordance with the provisi ons of this socnon,

be enhtled and for the purpose of ohtaining payment of that rompens.a-

lion; and anr detcnnination on any such proceedings sha ll be subjeo::t 10

appeal 10 the Court of Appea l in aC(:ordance wilh the provisions of tbe

Code of Organization and Civil PrO«dure.

(4)

For the purposes of the determination of the compensa-

tiOD (if any) payable under this sectiOD in respect of properly, interest or

right affected by the provisioDS thereof, this case shall be trealed as a

special case in which Parliament deems it appropriate, in the natioDal

interest, to establish the criteria to be followed. including the faelors and

olher circumstances to be taken into account. for that purpose.

(S) The criteria to be followed. including the factors and other

circumstances to be taken into account in the d etermination of any

compensation that may be payable in conseqll:'nce of the provisions o f

thi s section. shall be the following

(a) on the coming into fom: of th is Act the &c1esia5ti<.:a1

Entity was not using Ihe property affe<1ed by the provisions of this

section for the purp<»C or in the manner expressed or implied in the

instrument vesting such Enti ty witt. its right in o r O\"Cr !Ouch

property;

(b) the amoum of compeM3tion shall in 00 case exceed

(i) Ibe amount .. hich such &clesialitical Entity would

have been anowed under the provisions of any law by way of

da mages or otherwise had 11 di3liOlution of ~ rights aod

o bligations to which Ihe i .. m u ment \'csting the Enlity .. ith the

right refers and the re\'ernon o f Ihe properly taken place in

consequence of an awon for luch d~lulion taken by the

parl y tmposing the condition regarding Ihe U5C of the property

forming Ihe object o f sucb rights or obligations in sucb

instrument; or

(ii) (where the properly affected by this ieC\ion is a

build ins), the amount of ono:.t..-elftb part of !be annual rental

\'al ue of the properly lhe ri&ht in or ova whicb was \'CSted

in tbe &clesiutical Entity befon: the coming into fon;e of

this Act eSllIblishcd aoxording 10 the criteria specified in the

On! XVI of 194'

Renl Restriction (o.."Clling Houses) Ordinance , 1944 for an

"old house" as d~fined in that Ordinance,

whichever is the arealer. and from such amount there shall be de·

ducted _

(il the value of any benefit derived from the properly

during tile tilllC in which s...eb property wu IISCd by, Or wa!

under Ihe control of, the &clesiastictll Entity;

(ii) the expense 10 be incurred in the restoration o f the

property to a proper $IDte of repair

Pro\'ided that in no ClIk sha ll such compen$3tion payable to

allY Elltily be 1e5S than Lml ,OOO;

TIte provi~ions of tb is $eCtion ~ha.11 not .neet thl: .i&hts

(c)

and obligations of the parly vesling the Ecdesialtical Entity with

the right in o. over tbe .mmo.'able property to which the ;Il$trument

referred to in subsection 0) of th,s 5eetion applies. lrisinl out of

the provisioru rontaincd in such instrulnC'nt :IO~ver tba t such

rights and obligJlions shall, on the comiD$ into for« of this Act.

be operalive wilh respect 10 lite Government in the ... me mlnMr

Bnd to the same utcnt a$ they were operative wilh respect 10 the

Ecclesiastkal Entity immediately before thc comin& into force of

this Act

I'rovided Ihat nOlhing in Ihis 5e(:tion shall be construed as

f'eeing any EcClesiastical Entity from any Iiabi lily incurred by slIeh

Entity before the roming into force of this Act.

--

The Ministe. Shall hJve power 10 make regulltionllu he thinkl

Mlaiokt 1(1 _

fit for the better carrying oul of any of Ihe proviJ.ions and purpo6eS of ,

Ihis ACI, and withoul prejudice to the genera lily of the foregoinl, soch

regu lations may in parlicula. prescribe

(a) Ihe manner in which ~ny relum or informatioo shlll be

giycn and the fonnJ 10 be used in making such relu rn or Ihe giving

of such infonnBlion

(b) Dny matter which is 10 be or may be prescrilKd 01" pr0-

vided for by regulalions under Ihis Ac\.

11 , With effect from the romioi iOlo force of Ihis Act, tile righl

of .ny Ecclesiastical Enti ty to acquire by prescription Iny righl in (IT

o~r Jny immovable property or 10 plead the benefil of limitalion in

respect of such properly in accordance wilh Ihe provisioru of Title XXV

of Pa.t tr of Ilook Second of the Civ il Code .elatio& 10 prescription ,

shall cease.

B'rffcn mi!l.tlidu fi~nn la' dan I·AIl, j]·j«ld ta' kull Elllillt l'rnbIUjOOOL

Ekklesjauika li takkwista bi prcskriujoni xi jedd fi jew fuq xi proprjetA

immobb1i ;ew li I~pi~(i I·bend~ju lal.p~kriujoni d"'lIr proprjetA

bħal dik Skond id-dispotiujonijict tat·TiHu XXV tat·Taqsima 11 tat·

Tieni Klieb tal·Koditi Ċivili dwar il·preskriu)ooi, għandu jispiUa.