ACT No. IV of 1991 BE IT ENACfED by the P~5idelll, by and with the advice and OOI1$oenl of the House of Representatives , in this present Parliament _mbled. and by the .uthority orlhe tame , as followt:-

I assent.

C .... R U AN ....

CARMEL O

(L .S .)

Acting President

30th January . 1991

ACT No. IV of 1991

BE IT ENACfED by the P~5idelll, by and with the advice and

OOI1$oenl of the House of Representatives , in this present Parliament

_mbled. and by the .uthority orlhe tame , as followt:-

I. (I) This Aa may be cited as the Commercial Pannenhips

(A"",Rdrm:nt) Act. 1991. and $hall be read and conslrued 3$ o nc with

the Commercial Pannerships Ordin ance, hereinafter referred 10 as "the

fl

principallaw

•

(2) The provisions ohection 3 of this Act shll be deemed 10

llavecome into f()fOe on tbe h I Janua.,-, 1990.

For section 12$ of the principal Law there shall be $ubstiluled

(\) Oan I·An jista' jissejjah I·An ta ' 1-\991 1; jemenda 1·

OrdinallUl dwar So:Xjclajiel Kum mcrtjali . u ghandu jinqara u jiftichcm

hap waMa ma'l·Ordi narwo dwar ~tljicl Kummertjali, hawnhcki.

ttjcd 'il quddicm imsejl''' Mil_ligi prin6pali

M

•

(2) Id-dispotiujonijiel la' ]-artikolu 3 ta' dan I-An

ghandllom jilqiesu I; bdew isehl'lu 0-lla' IannaT , 1990.

Minflok l-artikolu llS lal -tigi printipali ghandu jid1'lo1 dan I;

- 125. Persuna ma tkuru: kwalifikall li tinhatar jew

ikollha l-kariga la' dircllur la' kumpannija ;eltlt. -

(a) Ikun in lcrdella je .... intapaatala jc,", fallula

mhux mehlusa ; Jew

(b) tkun inSla~1 1I~ lja ta' xi wiehed mlr· reat; li

jirrigwardaw i1·fidueja pubblika jew serq jew frod] Je w ir·

noel1U;oni la· proprjeLII miksub3. b'se rq Jew hi frodi Ii

ssir xjcnlcmcnl.".

l . A·arti kolu 145 tal·lip prinapali minllok il· klicm " Ghandu ~

jkun hcmm maJ ·prospett annwali -" ghandhom jidfllu I·klicm "-"1"

'· Ghandu jkun hemm mal·prospell annwali, li ma jk unl il·prospell

annwal; la' kumpanija Ji I~ellivi lagl'lh. hllma limita!; gha ll-lf\anijicl

mu ta ' proprjelil, 'men;j" amministrazzjon i jcw thaddim ta' vapu ri u

&hal .ransaujonijie. aOOllari gflal dan:~.

the following

A person shall not be qualified for appointment

~125.

or hold office: as diree\or of a company if -

<al

he is interdicted or incapacitated OT is an

undischarged bankrupt ; or

(b) he has been convicted of any of the crim~

affecting public trust or of Ihell or of fnlud or of

knowingly receivi ng property obtained by tlldt or

fr.ud,~ .

J. In lection 145 of the principal law for the words '"There: shall be

annexed to the annual return -~ there: shall be substi tuted tile words

"1bcre $hall be 3nneJl:ed 10 the annual return , 001 being the annual

remrn of a company wllotic objc<:u are limiled 10 lhe sole purposes of

owning, managing, adminislering Of, operaling ships and 10

trnnsaC1ions ancillary Ihereto;~ .

For section 192 of the principal law there shall be ~ ubstitutcd

the fol1o .. ;ng section

192. ( I) In addition to the other duties prescribed by

this Ordina nce. it shall be Ihe duty of the Re&i~lrlIr -

(I) to ensure compliance with any provision oflhis

Ordinance requiring an act 10 be ~ Or to be omitted to

be done under a IlC'nal ly;

(h) to institule proceedings forthe recovery of any

pcnalty under this Ordinance in the Commercial Court;

(c) to relain and regisler any document which is

required 10 be delivered Or given toor i1Crved on him for

regiSlration under any of lhe provisions of Ihis

O rdin ance;

(d) where under any of the provisions of this

O rdinance-

(i) any document is required to be delivered

or gi~n 10 or served on him for pu blicat ion; or

(ii) any certificate is issued by him on the

regislration or change of name or conversion or

am alga mation of a partnership , or the name of a

partnership is struck off the register ,

10 cause without delay a $l:atement to be published in the

Go\,ernment Gazene showing lhe date al which the

registration. delivery or service I...aS made. or at which the

name of the partnership was struck off the register. and the

general nature of the document or ce rtiflCalc. and gi\'ingsuch

particulars 115 are necessary to distinguish the partnership 10

which thc statement relates.

(2) Where the Registrar gives notice in wriling to

any IlC'l"5On that such IlC'fSOn has become liable to a pena lt y

under this Ordi nance. specifying the nature of the

infringement and indicating an amount as due by way of

penalty in respect of such infringcmen l. Ihe pel"5On 10 whom

the notice is give n shall without preju dice 10 the provisions of

the following subsections of thi$ seC1ion. be deemed to have

incurred a penalty under this Ordinance and the amount

indicated as aforesaid as due by way of penalty shall N

deemed 10 N the pcnallydue under this Ordinance in resp«\

of the infringement ~pecificd in the notice .

(3) A notice: as i. rcf~r~d 10 ill subsection (2) of

lh~ !;CClio<l5hall. upon Ihe ",,<Vice o f a copy there()f by means

of a judicial act on tile person indicated in Ihe notice.

constitute an executive ti tle for all effects and purposes of

Title V II of Part t of Book Second of rhe Code of

Organisation and Civil Procedure: unless such fCr50n shall

"~Ihin thirty days from too dale of such servIce institute

proceedings ~fore the Commercial Court objecting to the

penalty ~ fixed.

(4) Where any person &'si res to insti tute

-;;;;;., •.• proceedinp ob;ecting 10 a pmalty referred 10 in subsection

s (2) of this $eCtioo. such proceedings Shall be instituted by

application agai " . ! the Registrar.

(5) The apptic,lIion shall . ul'llk r pain of nullity.

51alC clearly and concisely the nature of the complain!, the

facts DUI of which the complaint arises, the reasons why such

complaint shou ld bc uph eld, and the claim that the penalty is

not due allaw or is due 8t law only in a smaller amount.

(6) 1becourt shall nOl annulor reduce a penalty a,

aforesaid unlcss such penaltyeanoot at law be im po$ed in the

circumst ances of the case, or cannol 111 law be fixed in Ihe

amount fixed by the Registrar.

(7) The applicant shall attach 10 the applica tion all

such documents in support of his claim as it OIay be in his

power to produce, aod shall indicate;n his application thc

names of all the wiln~ he intends to produce stating, in

rc$p«"l of each, The proof which he intends TO mate.

( 8) The court sha ll . without delay, set down the

application for hearing al an early dale, which date shall in no

case be later Than thirty days from the dale of the filing of Tile

applicaTion.

(9) ~ applicaTion. and the noTice of the date

fixed for hearin,. shall be scrved on the Rep:trar without

delay, and Tbe said RegislTar shall file his reply thereto within

fifleen days after the date of the service of the applicalion.

(10) The Registrar shall , in his reply , stale clearly

and c:oncisely wheTher he agrees 10 the facts set OUI in the

application, and the reasons why he objects to the claim; he

shall morroverstale in his reply the names of the witnesscs in

support of his reasons and shall attach thereto all the

doxuments in support there<>f.

( 11) On the day fi~ed for the hearing of the

application, the court shall conside r the Mua of fact and of

law as arc ascertainable only from the application, reply or

doc:um~nt5 filed , by either of the parties. Or from the evidenoe

ind icated by either of the partics in the appl ication or reply, IS

the case may be. or from tbe oral pleading of either of the

pan ics.

(12) The court sball hear the appl~at ion to a

conclusion within five working da)'$ from the date fi~ed for

the origina l hearing of the application. and no adjournment

shall be granted excepl either with the conse nt of both

parlies, Or for an e~cep1ion al reason 10 be recorded by Ihe

COUTl. and such adjourned date shall not be laler th an Ihal

justified by any such reason.

(13) Saving the preceding pro~isions of this

section, Ihe provisions of the Code of O r gani sa l io n and Civi l

Procedure relati ng to proceedings before the FiT$1 Hall of the

Ci~il Court sball apply in rela t:on to any such application .

(14) Notwi thstanding the provisions of subsection

(2) of 5tttion 2.56 of the Code of Organisation Ind Civil

Procedure. the e~ceutive title refe rred to in subsection (3) of

this section shall not be enforceable be fore tbe lapse ofthirty

da)'$ from the service of the judicial act therein referred to.

(1 5) The decision of the court upon an application

referred 10 in subsection (4) of this section. confirming the

imposition of a penal ty fixed by Ihe Registrar or reducing any

such penalty, shall upon becoming fujudica/a be deemed to

be a judgement of the courl ordering Ihe payment by lhe

applicant o{lhe penalty as confi rmed or reduced.

(16) An appeal from a de<:ision o{the Commercial

Court upon an application refe rred to in subsection (4)of this

section. shall be made by me ans of an appl~alion 10 be filed

wilhin six working days of the dale of the decision; the person

againsl whom the appeal is entued shall wihin six working

days from the service upon him of the appl~alion file a reply

10 Ihe appeal .-,

( I) The provisions of :ledion J of the Act shaLl appLy 10 the

an nual returns relative 10 the year 1990.04 10 tbe years thereafter.

(2) The provisions of section 4 of Ihis Act shall apply abo 10

penalties fixe d by the Registrar of Parlner.;hip!i before tile coming inlo

fOr(c of that se,,;on, unless be fore thal date proo:edi n8$ for the

TC'C'OVCry of such penalties lIave already b«n instituted by writ of

summons before the Commercial Court .

Passed by the House of Representatives at Sitting No . 470 of the 23rd January.

1991. LAWRENCI:. G ONZI

SfUllker

P . M USCAT TERRIB1L.E

Ck, k 10 IM HOUKOf Rqtr~n'llliva.

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