ATT TA’ L-2003 DWAR L-ILSIEN MALTI Arran;ament ta’ l-Att Artikoli Taqsima I Preliminari

A

ATT TA’ L-2003 DWAR L-ILSIEN MALTI

Arran;ament ta’ l-Att

Artikoli

Taqsima I

Preliminari

1 – 3

Taqsima II

Il-Kunsill, l-Organi tieg[u

u t-Tmexxija tag[hom

4- 13

Taqsima III

Uffi/jali u Impjegati tal-Kunsill

14-17

Taqsima IV

Dispo]izzjonijiet Finanzjarji

18-22

Taqsima V

Mixxellanji

23-24

SKEDA

Lista ta’ G[aqdiet tal-Malti

Nag[ti l-kunsens tieg[i.

E DWARD F ENECH A DAMI

(L.S.)

President

20 ta’ Lulju, 2004

ATT Nru. V ta’ l-2004

ATT li jwaqqaf il-Kunsill Nazzjonali ta’ l-Ilsien Malti biex jippromwovi

l-Ilsien nazzjonali ta’ Malta u jipprovdi l-g[odda me[tie;a g[at-

twettiq ta’ dan il-g[an.

IL-PRESIDENT, bil-parir u l-kunsens tal-Kamra tad-Deputati,

imlaqqg[a f’dan il-Parlament, u bl-awtorità ta’ l-istess, [are; b’li;i dan

li ;ej>-

TAQSIMA I

PRELIMINARI

2004. (2) This Act shall come into force on such date as the

Minister responsible for education may by notice in the Gazette appoint,

and different dates may be so appointed for different provisions and for

different purposes of this Act.

(Articles 4 and 24)

LIST OF MALTESE LANGUAGE ASSOCIATIONS

L-G[aqda tal-Malti (Università) set up in 1931

•

L-G[aqda Letterarja Maltija set up in 1951

•

L-G[aqda tal-Poeti Maltin set up in 1975

•

L-G[aqda ta’ l-G[alliema tal-Malti set up in 2000

•

Passed by the House of Representatives at Sitting No. 151 of the 14th July,

2004. A NTON T ABONE

Speaker

R ICHARD J. C AUCHI

Clerk to the House of Representatives

In this Act, unless the context otherwise requires –

“L-Akkademja” means L-Akkademja tal-Malti previously

known as l-G[aqda tal-Kittieba tal-Malti established on the 14 th

November 1920<

“Commission” means the Technical Commission established

by article 7<

“Committee” or “Committees” means the Technical

Committee or Committees appointed under article 8<

“Council” means the National Council of the Maltese

Language established by article 4<

“Executive Director” means the person appointed under article

“financial year” means the period of twelve months closing

on the 31 st of December of each year>

Provided that the first financial year of the Council shall

commence with the coming into force of this Act and terminate on

the 31 st day of December of the year immediately following<

“Linguistic Policy” means a body of guide-lines which

influence the linguistic expression of a people<

“the Maltese Language” means the National Language as

prescribed by article 5 of the Malta Constitution<

“Minister” means the Minister responsible for education<

“organs of the Council” includes the Commission and the

Committees<

“orthography” means the orthography of the Maltese

Language as the standard system of writing in everyday use,

established and updated by L-Akkademja tal-Malti and as

expounded in the documents> Tag[rif fuq il-Kitba Maltija

published by the G[aqda tal-Kittieba tal-Malti in 1924< }ieda mat-

Tag[rif published by L-Akkademja in its review Il-Malti in 1984<

and A;;ornament tat-Tag[rif fuq il-Kitba Maltija published by

L-Akkademja in its review Il-Malti in 1992, and as subject to the

provision of article 5(2)<

“prescribed” means prescribed by regulations made by the

Minister under the provisions of this Act<

“public officer” has the same meaning as in article 124 of

the Malta Constitution<

“University” means the University of Malta mentioned in

article 28 of the Education Act.

(1) (a) Maltese is the language of Malta and a fundamental

element of the national identity of the Maltese people.

(b) The Maltese Language is an essential component of the

national heritage, being constantly developed in the speech of the

Maltese people, distinguishing the Maltese people from all other

nations and giving the same people their best means of expression.

(c) The Maltese State recognises the Maltese Language as

a strong expression of the nationality of the Maltese, and for that

purpose acknowledges its unique importance, and protects it from

deterioration and perdition.

(d) The Maltese State shall make provision in such manner

that the study of the Maltese Language in its linguistic, literary

and cultural manifestations shall always be given primary

importance in both state and other schools from the very first years

of education of all Maltese citizens.

(e) The Maltese State shall promote through all possible

means the widest use of the Maltese Language in education,

broadcasting and the media, at the law courts, and in political,

administrative, economic, social and cultural life.

(f) The Maltese State shall lead in the creation of all possible

opportunities for the development of the National Language and

to assert its merited dignity.

(g) The Maltese State recognises, within the wider context

of the Maltese diaspora, that the Maltese Language should remain

known by and considered as a binding element of the Maltese

people.

(2) The provisions of this article shall not be enforceable in

any court of law, but the principles therein contained are nevertheless

fundamental to the safeguarding of the Maltese Language and it shall

be the aim of the State to apply them and to comply therewith.

PART II

THE COUNCIL, ITS ORGANS

AND THEIR ADMINISTRATION

(1) There shall be a body, to be known as the National Establishment

National Council of

Council of the Maltese Language, having the aim of adopting and the Maltese

Language.

promoting a suitable language policy and strategy and to verify their

performance and observance in every sector of Maltese life, for the

benefit and development of the national language and the identity of

the Maltese people.

(2)

The Council shall be made of eleven members as Composition of the

Council.

follows>

(a) a Chairman appointed by the Prime Minister and chosen

from among persons who are established and qualified in the study

of Maltese and who are recommended by L-Akkademja tal-Malti

and by the Department of Maltese Studies at the University<

(b) two persons appointed by the Prime Minister from

persons nominated by and from among the members of the

Technical Commission>

Provided that until the Council appoints the Technical

Commission, the Prime Minister may under this paragraph appoint

two persons whom he considers to be suitable<

(c) three persons respectively representing and nominated

by L-Akkademja, the Department of Maltese Studies at the

University, and the Institute of Linguistics at the University<

(d) a representative of the Education Division coming from

the National Curriculum Department and nominated by the

Minister<

(e) a representative of the Malta Council for Culture and

the Arts nominated by it<

(f) the Attorney General, or his representative which

representative shall be an expert involved in legal drafting and

translation<

(g) a representative elected in such manner as may be

prescribed by and from among the members of the Committees of

the Maltese Language Associations listed in the First Schedule to

this Act<

(h) a representative of the Institute of Maltese

Journalists.

(3) One of the other members of the Council referred to in

subarticle (2) of this article shall be appointed by the Prime Minister as

Deputy Chairman of the Council to preside over the same Council

whenever the Chairman is absent.

(4) The Council shall be a body corporate having a distinct

legal personality and capable, subject to the provisions of this Act, to

enter into contracts, purchase and dispose of any kind of property for

the purposes of its functions, to sue and to be sued, and to enter all

operations as may be incidental or conducive to the exercise or the

performance of its functions under this Act, including the lending of

money or requests for credit.

(5) The legal representation of the Council shall be vested

jointly in the Chairman and in the Executive Director>

Provided that the Council may appoint any one or more of

its members or officers or employees to act on behalf of the Council in

judicial proceedings and on any act, contract, instrument or any

document whatsoever.

(6) Any document made or issued by the Council and signed

by the Chairman, or issued by the Executive Director and signed by

him, may be produced as evidence and shall, unless otherwise proven,

be deemed to be an instrument made or issued by the Council or by the

Executive Director.

(1) It shall be the function and the duty of the Council to

promote the Maltese Language both in Malta and in other countries by

engaging actively to foster recognition and respect for the principles

mentioned in article 3 of this Act.

(2) The Council shall also, update the orthography of the

Maltese Language as necessary, and from time to time, establish the

correct manner of writing words and phrases which enter the Maltese

language from other tongues.

(3) In the execution of its functions and duties the Council shall –

(a) develop, motivate and enhance the recognition and

expression of the Maltese Language<

(b) promote the dynamic development of such linguistic

characteristics as identify the Maltese people<

(c) in consultation with the organs established by this Act,

adopt a suitable linguistic policy backed by a strategic plan, and

ensure that the same are put into practice and observed in all sectors

of Maltese life<

(d) ensure that the language policy decided by the

Commission is put into practice so as to ensure its effective and

faithful implementation<

(e) evaluate and co-odinate the work done by associations

and individuals, in the Maltese language sector and to foster an

atmosphere of co-operation through a consensual plan<

(f) draw the attention of all those who may contribute to

the development of Maltese to work done in execution of the

language policy and, where necessary, to advise the Minister to

commission any necessary assignment<

(g) seek to obtain financial resources locally and overseas

in order to be able to strengthen its activities, especially such

resources as are already accessible to local and international

organisations for research purposes, the promotion of spoken

languages by small nations, and other projects relating to the

exchange of experts and research programmes.

(h) co-operate with persons, bodies and organisations in

various fields of life in order to increase and augment the

recognition and appreciation of linguistic and cultural activities

for the further advancement of the Maltese Language.

(i) establish a National Centre of the Maltese Language

which, besides serving as the office of the Council, shall offer the

necessary printed and audiovisual resources to members of Maltese

language associations, institutions and other interested persons<

(j) ensure full access to available statistical data and

information for the use of the Council and its organs in the execution

of their duties under this Act.

(4) The Council shall establish and maintain regular and

frequent contacts with local, national and international organisations

which have functions similar to or complementary to those functions of

the Council and establish exchanges of views and resources with them.

(1) Subject to any power of the Prime Minister and

the Minister, any initiative taken under this Act shall be subject to

the decision of the Council>

Provided that on any linguistic issue of a technical-scientific

nature, particularly in the execution of its function under subarticle

(2) of article 5, the Council shall act on the advice of the Commission>

Provided further that in the case of any disagreement with the

Commission on any decision of a technical-scientific linguistic nature,

the Council shall have the right not to accept the position adopted by the

Commission but the Council shall not have the right to alter the same.

The Council however shall in such case give its reasons to the

Commission in writing within four weeks from the date of such decision.

(2) Decisions of a technical-scientific linguistic nature

referred to in the preceding subarticle shall come into force by

virtue of a notice published by the Council in the Gazzette.

(1) The Council shall appoint a Technical Commission to

be composed as follows -

(a)

a chairman< and

(b) the Heads of the Technical Committees established

under article 8 of this Act.

(2) The Executive Director shall be the non voting Secretary

of the Commission.

(3) The Commission shall -

(a) observe, analyse and evaluate the position of the Maltese

Language in the context of the language situation in Malta<

(b) draft the Linguistic Policy and recommend it to the

Council<

(c) encourage maturation in the study of linguistic planning

with suitable courses in higher education, and also through study

grants to promising young people, visits by overseas planners and

the setting up of a specialised library on the subject.

(1) The Council shall appoint Technical Committees in

sectors of specialisation as may be necessary and shall define their terms

of activity.

(2) Each Committee shall be a consultative organ for the

discussion of the linguistic policy to be adopted in specialised sectors,

such as specific terminology, translations, the media, linguistic research,

orthography, literature and the development of Maltese in information

technology, and shall be composed of>

(a) a Head of Committee who shall be a person learned in

such speciality, to be proposed from among qualified persons

recommended by L-Akkademja tal-Malti and by the Department

of Maltese at the University, with the choice of the person to be

made by the Council<

(b) an expert to be proposed by the Commission on the

advice of the Head of the relevant Committee<

(c) two members selected for their contribution in the

particular sector of activities in relation to which the Committee is

set up, to be proposed by the Commission on the advice of the

Head of the Committee.

(3) The Committee may co-opt other persons as observer

members with the right to attend and participate in the discussion but

who shall not have a right to vote.

Functions of the

(4) Every Committee shall>

Committee.

(a) observe the situation of the Maltese Language, discuss

all necessary measures for its development, and draft the Linguistic

Policy for its respective field<

(b) give its opinion to the Commission about issues connected

with the respective field for which it was set up.

(1) The members of the Council and of its Organs shall be Common

to the Council and

appointed, nominated or elected for three years, sohowever that the its Organs.

members so appointed, nominated or elected shall be eligible to be

appointed, nominated or elected again when their term of office expires.

(2) No person shall be qualified to be a member of the

Council or of any of its organs if –

(a) he is a Minister, Parliamentary Secretary or a member

of the House of Representatives< or

(b) he is a Judge or Magistrate.

(3) Without prejudice to the provisions of this article , the

office of a member of the Council or of any of its organs shall become

vacant>–

(i)

on the expiry of his term of office, or

(ii) if there are circumstances which, had such person not

been a member of the Council, would have led to his

disqualification from being appointed as such, or

(iii) if he resigns from the Council or from any one of its

organs by addressing a letter to the competent authority which had

appointed him under this Act, or

(iv) if he consistently shows a lack of interest in the activities

and meetings of the Council or its organs.

(4) If a member resigns or if the office of a member of the

Council is otherwise vacant or if a member cannot for any reason perform

the functions of his office, the competent authority which had appointed

him under this Act may appoint another person to substitute him as

member on the Council or on such organ where his office became vacant.

(5) A member of the Council having any direct or indirect

interest in any contract made or proposed to be made by the Council,

which is not an interest that disqualifies such member from still being a

member, shall state the nature of his interest during the first sitting of

the Council after he becomes aware of the relevant facts. Such statement

shall then be registered in the Council minutes, and the member having

an interest as herebefore mentioned shall withdraw from all sittings

during which such contract is discussed. Such statement shall be relayed

to the Minister without delay. When the interest of the member is such

as to disqualify him from still being a member, he shall report the fact

immediately to the Minister and hand in his resignation.

(1) The Council or its organs shall meet as many times as

may be required following a call by their respective chairman or by

request of any other two of its members.

(2) Half the number plus one of members who at the time

constitute the Council or of its organs shall form a quorum.

(3) The decisions of the Council and its organs shall be made

by simple majority of the votes of members present and voting>

Provided that decisions of a technical-scientific linguistic

nature shall only be taken by the Council by an absolute majority of its

members, by the Commission by a two-thirds majority of its members,

and by the Committee by a three-quarters majority of its members

respectively.

(4) The chairman of the Council, or of its organs, or in the

absence of the Chairman of the Council the Deputy Chairman, or

whosoever is appointed to act as chairman, shall have an original vote

and in the case of an equality of votes, a casting vote.

(5) Without prejudice to any other requirement of this Act,

no decision of the Council shall be valid unless it is at least supported

by three members of the Council.

(6) The Council or any of its organs may from time to time

invite any person to attend any one or more of its meetings in order to

give expert advice about any matters which the Council may be

discussing>

Provided that such person may only be invited for a limited

number of sittings and only in relation to a particular issue and shall not

have any right to vote.

(7) Subject to the provisions of this Act and of any

regulations which may be made under it, the Council and its organs

shall regulate their own procedures.

(8) Subject to the foregoing provisions in this article , no

act or proceeding of the Council or of any of its organs shall be

invalidated solely on account of the existence of any vacancy among its

members.

(9) Any act made by a person who acts bona fide as a

member of the Council or of any of its organs shall be valid as if he

were a member notwithstanding that it is subseqently discovered that

there was a defect in his appointment or qualifications.

(1) The Minister shall, once every three years, convene a National Forum.

National Forum on the Maltese Language, inviting the participation of

the Council, of its organs, of the University, L-Akkademja and all other

Maltese language associations, Government departments and

Government entities, representatives of Local Councils, non-

governmental organisations, educational, cultural and artistic

institutions, both public and private, as well as representatives of the

audio-visual communications and print media, and also any other party

which shows in writing to the Minister that it has an interest.

(2) The Forum shall discuss the national policy on the

Maltese Language as in force from time to time, and also the state of

the Maltese Language generally, after hearing a report about the activities

of the Council and its organs prepared by the Executive Director.

(3) The Minister shall regulate the procedures of the Forum

and appoint its Chairman.

(4) The proceedings of the Forum shall be published and a

copy shall be transmitted to the Minister.

(5) The Minister shall give previous public notice of at least

one month before convening the Forum.

(1) Subject to the other provisions of this Act, the

administration of the affairs of the Council and of its activities shall be

the responsibility of the Council itself sohowever that, saving the

foregoing provisions, the executive administration of the Council and

of its organs, their administration and organisation and the administrative

control of their officers and employees, shall be the responsibility of

the Executive Director who shall also have such other powers which

may from time to time be delegated to him by the Council.

(2) The Executive Director shall be appointed by the Council

with the concurrence of the Minister for a period of three years and

such period may be extended for further periods of three years subject

to a satisfactory performance of his functions>

Provided that the first Executive Director may be appointed

by the Minister for a period of three years.

(3) The Executive Director shall attend each meeting of the

Council but he shall not have the right to vote>

Provided that the Council may, if it so deems fit, request the

Executive Director not to attend any sitting or part of a meeting.

(4) The Executive Director shall, subject to the general

control and direction of the Council, be responsible for the performance

of the functions of the Council in the exercise of his duties and, without

prejudice to the generality of the foregoing, he shall -

(a) assume full responsibility for the administration and

organisation and the administrative control of the officers and

employees of the Council and its organs and, for such purpose, he

shall assign to each officer or employee such duties as may be

required<

(b) develop the required strategies and execute the plans of

the Council<

(c) advise the Council and its organs on any matter which

may be referred to him or about any other matter which he considers

to be necessary or expedient<

(d) be responsible for the drafting of a plan of activity and

for the preparation of the financial estimates, for the utilisation,

receipt and expenditure of funds under the direction and with the

approval of the Council and to keep a detailed record of every

receipt and expenditure of funds. In the utilisation of funds and

the keeping of records the Executive Director shall observe the

Government financial regulations< and

(e) perform such other duties as the Council may assign to

him from time to time.

(1) The Minister may, from time to time, give the Council Relations between

the Minister and the

such directions in writing as he may consider necessary relative to the Council.

policy to be followed by the Council in the execution of its functions,

insofar as such directives are not inconsistent with the provisions of

this Act, and the Council shall, as soon as possible, give effect to such

directives and conduct its business accordingly.

(2) The Council shall supply the Minister with facilities to

obtain information about the property and the activities of the Council

and of its organs and also provide him with statements, accounts and all

other information in that regard, and provide all facilities for the

verification of any information supplied, in such manner and within

such times as he may require.

PART III

OFFICERS AND EMPLOYEES OF THE COUNCIL

Subject to the provisions of the Malta Constitution and of Staff appointments.

any other law applicable thereto, and without prejudice to the other

provisions of this Act, the appointment of officers and other employees

for the due and effcient performance of the functions of the Council

shall be made by the Council. The terms and conditions of employment

shall be established by the Council in concurrence with the Minister

within the framework of the terms and conditions applicable to public

service employees.

(1) The Prime Minister may, at the request of the Council,

from time to time order that a public officer be detailed to perform

duties with the Council or its organs in such capacity and with effect

from such date as may be specified in the order.

(2) The period during which such order as aforementioned

shall apply to any officer who is specified therein shall, insofar as such

officer does not retire from the public service or otherwise ceases from

remaining in office in a preceding date, or else because a different date

is specified in the order, cease with the occurrence of any of the following

events, namely if>

(a) such officer accepts an offer of transfer to the service of

the Council and permanent employment therewith in terms of

article 17< or

(b) the Prime Minister revokes an order made by him under

this article relating to that officer.

(3) When such order as previously mentioned is revoked

by the Prime Minister with regard to any officer, the Prime Minister

may by further order engage such officer to perform duties with the

Council in such capacity and with effect from such date as may be

specified in the further order, and the provisions of subarticle (2) shall,

upon such occurrence, apply to the period during which such further

order subsists with regard to such officer.

(1) When a public officer is detailed to work with the

Council under any provision of article 15, such officer shall, during

such period that the order has effect in his regard, be under the

administrative authority and control of the Council but he shall, for all

other intents and purposes, still be and be considered and treated as a

public officer.

(2) Without prejudice to the aforementioned generality, an

officer who is detailed as herein previously mentioned -

(a) shall not, during such period during which he is so

engaged -

(i) be precluded from applying for a transfer to any

other Government department according to the terms and

conditions of service applicable to his appointment with

Government applicable on the date when he was so detailed

work< or

(ii) be employed in such manner that his remuneration

and conditions of service are less favourable than those

applicable to his appointment with Government and which

he is enjoying on the aforementioned date or which would

otherwise be applicable to that appointment, during such

period, had that officer not been so detailed with the Council< and

(b) shall have the right to have his service with the Council

considered as a service with Government for the purposes of his

pension, gratuity, or benefit under the Pensions Ordinance and the Cap. 93.

Widows and Orphans Pensions Act, and of any other right privilege

to which he would have been detailed, and he shall be responsible

for all that which he may be responsible for, had he not been detailed

with the Council.

(3) When an application is made as provided in subarticle

(2)(a)(i) of this article, it shall be given the same consideration as if the

applicant was not detailed for service with the Council.

(4) The Council shall make such contributions to the

Government as may from time to time be established as pension and

gratuity which an officer who is detailed with the Council as

aforementioned may earn during the period in which he is so detailed.

(1) The Council may, with the approval of the Prime Offer of permanent

employment with

Minister, offer to an officer, who is detailed with the Council under the the Council made to

provisions of article 15, permanent employment with the Council with public

detailed with the

such remuneration and under such terms and conditions being not less Council.

favourable than those which such officer enjoys on the date of such

offer.

(2) The terms and the conditions comprised in any offer

made as aforementioned shall not be deemed to be less favourable solely

because they are not identical in all respects with or better than those

which the officer involved would be enjoying on the date of such offer,

if such terms and conditions, taken together, are, in the opinion of the

Prime Minister, benefits which are substantially equivalent or better.

(3) Every public officer who accepts permanent

employment offered to him within the Council, under the provisions of

subarticle (1) of this article, shall for all purposes other than those of

the the Pensions Ordinance and the Widows and Orphans Pensions Act, Cap. 93.

and saving the provisions of subarticle (6), terminate his service with

Government and enter service with the Council as from the date on

which he accepts, and for the purposes of that Ordinance and of that

Act, insofar as they are applicable to him, service with the Council

shall be deemed as service with Government within the parameters of

the respective relative meanings.

(4) Any officer as hereinbefore mentioned who,

immediately before accepting a permanent employment with the Council

had a right to a benefit under the Pensions Ordinance or the Widows

and Orphans Pensions Act, shall continue to have such right to a benefit

under such Ordinance and such Act for all purposes as if his service

with the Council was service with the Government.

(5) The Council shall pay to Government such contributions

which may from time to time be established by the Minister responsible

for finance in respect of the expenditure relating to pensions and

gratuities earned by an officer who has accepted permanent employment

within the Council as herein previously mentioned during the period

commencing on the date of acceptance of such officer.

(6) (a) For the purposes of the Pensions Ordinance, the

pensionable emoluments of such public officer who accepts employment

within the Council, on retirement shall be deemed to be the pensionable

emoluments payable to an officer in Government service in a grade and

at an incremental level which corresponds to the office held by the

officer on retiring from service with the Council.

(b) For the purposes of the previous paragraph, the offices

and salary grades of a public officer who accepts employment with

the Council shall be classified as far as can be corresponding to

the grades and increments levels in government service by reference

to the office, skill, responsibility and other factors.

(c) The classification mentioned in paragraph (b) of this

subarticle shall be made by a board composed of a chairman

appointed by the Minister responsible for finance and of two other

members, one of whom appointed by the Minister centrally

responsible for staff policy in the public service and the other

appointed by the Council. The classification shall be made subject

to the final approval of the Minister responsible for finance.

(d) Such classification shall be made within three months

from the adjustment of the salaries of employees in Government

service and, or, of employees of the Council.

(e) No post may be classified at a grade higher that Grade 3

in Government service or such other higher grade which the

Minister responsible for finance may from time to time by notice

in the Gazette establish.

(7) Without prejudice to article 113 of the Constitution, no

person may, after the classification as aforementioned, be entitled to

rights under the said Pensions Ordinance, which are less favourable

than those to which he would have been entitled prior to such

classification.

PART IV

FINANCIAL PROVISIONS

The Minister responsible for finance may, after consultation Financial advances

by the Government.

with the Minister, give advances to the Council of such amounts as he

may agree to be required by the Council to perform its duties under this

Act, and he can give such advances under such terms and conditions as

he may, after consultation as aforementioned, consider to be suitable.

Any such advances may be made by the Minister responsible for finance

out of the Consolidated Fund, and without any further appropriation

other than this Act and, by order signed by him authorising the

Accountant General to give such advances.

(1) The Council shall, not later than the end of May of The Council budget.

each year, present to the Minister, a business plan for the next three

financial years together with estimates of the capital and recurrent

expenditure and income for the next financial year>

Provided that the estimates for the first financial year of the

Council shall be prepared and adopted within such time as the Minister

may specify by notice in writing to the Council.

(2) In preparing its estimates the Council shall consider any

other funds and monies which may be due to it out of the Consolidated

Fund during the relevant financial year, whether by virtue of this Act or

of any appropriation Act, or any other law.

(3) The estimates shall be made in such manner and shall

contain such information and such comparisons with previous years as

the Minister responsible for finance may order.

(4) A copy of the estimates shall be sent forthwith by the

Council, as soon as they are adopted, to the Minister and to the Minister

responsible for finance.

(5) The Estimates of the Council shall not enter into force until

they are approved by the Minister and the Minister responsible for finance.

(1) No expenditure may be made by the Council or its

organs which exceeds the estimates as approved by the Minister as

provided in article 19.

(2) Saving any money generated by the Council itself or

which is received from non-State sources, the Council shall operate

within the limits of the capital and recurrent expenditure allocated to it

by the Minister as authorised by the Minister responsible for finance.

(1) The Council shall ensure that proper accounts and other

records are kept relating to its activities and those of its organs and

shall ensure that a statement is prepared relative to the accounts of each

financial year.

(2) The accounts of the Council shall be audited by an

auditor or auditors appointed by the Council and they shall be approved

by the Minister>

Provided that the Minister responsible for finance may, after

consultation with the Minister, request that the books and accounts of

the Council be audited or examined by the Auditor General who shall

for that purpose have the power to effect such physical audit and any

other verification which he may deem necessary.

(3) The Council shall, at the request of the Minister or of

the Minister responsible for finance, present reports and accounts relating

to the administration as may be required. The Council shall ensure that

a copy of the duly audited statement of accounts is sent to the Minister

and to the Minister responsible for finance together with a copy of any

report made by the auditors relating to such statement or to the accounts

of the Council.

(4) Cheques issued by, and any withdrawal from any bank

account pertaining to the Council shall be signed by the Executive

Director and shall be countersigned by the Chairman, or by such member

or other officer of the Council as may be authorised by the Council for

such purpose.

The Council shall, by not later than the 31 st March of each

year transmit to the Minister a copy of its audited statement of accounts

for the immediately preceeding financial year, a copy of the auditor’s

or the auditors’, report relating to such statement or to the accounts of

the Council, together with a report dealing in general with the activities

of the Council during that financial year and which contains such

information relating to the proceedings and policy of the Council. The

Minister shall ensure that a copy of any such report is laid on the Table

of the House and is presented to the Minister responsible for finance

and to the Auditor General as soon as possible.

PART V

MISCELLANEOUS

The members of the Council and all officers and employees Persons considered

as public officers.

of the Council shall be deemed to be public officers for all purposes of Cap. 9.

the Criminal Code.

(1) In order to give better effect to the provisions of this Power to make

regulations.

Act and without prejudice to the generality of the aforementioned, the

Minister may, after consultation with the Council, make regulations

relating to any function of the Council and may by such regulations -

(a)

amend the Schedule to this Act<

(b) regulate administrative and organisational procedures to

be followed by the Council, by its organs and by the Executive Director<

(c) regulate any matter concerning the officers and

employees of the Council and which is not already specifically

regulated by this Act<

(d) regulate any matter concerning the expenditure and

income of the Council, its estimates and accounts, and their audit<

(e) regulate the manner in which elections are held, and the

right of Council members to vote in such elections as mentioned

in paragraph (e) of subarticle 4(2).