ACT No. XXVIII of 2007 AN ACT to amend the Housing Authority Act, Cap. 261 BE IT ENACTED by the President, by and with the advice and consent of the House of Representatives, in this present Parliament assembled, and by the authority of the same, as follows>

I assent.

E DWARD F ENECH A DAMI

(L.S.)

President

14th December, 2007

ACT No. XXVIII of 2007

AN ACT to amend the Housing Authority Act, Cap. 261

BE IT ENACTED by the President, by and with the advice and

consent of the House of Representatives, in this present Parliament

assembled, and by the authority of the same, as follows>

(1) The short title of this Act is the Housing Authority

(Amendment) Act, 2007, and this Act shall be read and construed as

one with the Housing Authority Act, hereinafter referred to as “the

principal Act”.

(2) The provisions of this Act shall come into force on such

date as the Minister responsible for social policy may by notice in the

Gazette appoint, and different dates may be so appointed for different

purposes and for different provisions of this Act.

Article 2 of the principal Act shall be amended as follows>

(a) immediately after the definition “Authority” there shall

be inserted the following new definition>

“ “Board” means the Board established by article 6<”<

(b) in the definition “financial year” for the words “30 th

September” there shall be substituted the words “31 st December”<

(c) immediately after the definition “operative date” there

shall be inserted the following new definitions>

““public officer” shall have the same meaning assigned

to it by article 124 of the Constitution<

“title”, in relation to article 12, means any title over

immovable property sohowever called or described and

includes any title mentioned in paragraphs (a), (b) and (c) of

article 5 of the Land Acquisition (Public Purposes) Ordinance Cap. 88.

and any rights over the said property exercised in terms of

the provisions of the said Ordinance<”.

Article 3 of the principal Act shall be amended as follows>

Amendment

of article 3

of the principal

(a) in sub-article (2) thereof, for the words “and shall be

Act.

capable of entering into contracts, of acquiring, holding and

disposing of any property for the purpose of its functions” there

shall be inserted the words “and shall be capable, subject to the

provisions of this Act, of entering into contracts, of acquiring,

holding and disposing of any property or rights for the purpose of

its functions”<

(b) immediately after sub-article (2) there shall be inserted

the following new sub-article>

“(3) The Authority shall be composed of the Chairman

appointed under article 5 (2) and the Board established under

article 6.”.

Article 4 of the principal Act shall be amended as follows>

Amendment

of article 4

of the principal

Act.

(a) sub-article (2) thereof shall be deleted and substituted

with the following>

“(2) Subject to the provisions of this Act and without

prejudice to the generality of sub-article (1), the Authority

may>

(a) acquire, hold, purchase, administer and in any

manner dispose of, any property both movable and

immovable>

Provided that in the disposal of Government owned

non-residential property situated in government housing

estates which is transferred to the Authority in

accordance with article 12, the Authority shall act in

accordance with the provisions of the Disposal of

Government Land Act which shall for the purposes of

this proviso apply mutatis mutandis to the Authority<

(b) develop, or cause the development of, any land

for residential and commercial purposes and for purposes

connected therewith or ancillary thereto<

(c) construct, or cause the construction of, any

property for residential and, or commercial purposes and

for purposes connected therewith or ancillary thereto<

(d) provide, manage, administer and revise

schemes related to housing<

(e) administer, maintain, upkeep, carry out

structural repairs of residential and commercial

accommodation and general repairs of common areas

of properties owned or administered by it and related

facilities and amenities<

(f) develop and embellish areas surrounding

properties owned or administered by it, including public

areas, gardens, recreational facilities and open spaces<

(g) carry out urban regeneration and landscaping<

(h) carry out evictions and other law enforcement

related to property owned or administered by it<

(i) collect rent, ground rent or other annuities or

arrears from all properties owned or administered by it<

(j) assume all the powers, rights and obligations

vested in the Director of Social Housing emanating from

the Housing Act or any other law<

(k) finance the acquisition and the development

of any land, whether such acquisition or development is

to be made by the Authority or by others, including

individuals<

(l) make any form of investment which the

Authority may deem proper or expedient<

(m) make such payments, whether by way of

subsidy or otherwise which it may deem appropriate for

any of the purposes aforesaid and for any other purpose

related to its functions<

(n) act by agreement with the Government as

agent for implementing, or in furtherance of, the policy

of the Government with respect to housing, including

any project or plan of the Government relating to

housing<

(o) advise the Minister, on any matter relating to

its functions or which the Minister may from time to

time refer to the Authority for advice<

(p) generally do all such things as may be

incidental or conducive to any of its functions or to the

exercise of any of its powers.”<

(b) sub-article (3) thereof shall be amended as follows>

(i) paragraph (a) thereof shall be deleted and substituted

with the following>

“(a) where the function or power involves the

development of land by the erection or construction

thereon, or the carrying out of any structural repairs or

the maintenance of any buildings or other works, the

Authority may carry out such functions directly or by

means of a grant of contract of works<”<

(ii) paragraph (b) thereof shall be deleted and

paragraphs (c) and (d) thereof shall be renumbered as

paragraphs (b) and (c) respectively<

(iii) in the new paragraph (b) as renumbered for the

words “with the approval of the Prime Minister, and shall, if

the Prime Minister so directs” there shall be substituted the

words “with the approval of the Minister, and shall, if the

Minister so directs”.

Article 5 of the principal Act shall be amended as follows>

Amendment

of article 5

of the principal

(a)

sub-article (1) thereof shall be amended as follows>

Act.

(i) for the words “The affairs and business of the

Authority shall be the responsibility of and shall be conducted

by the Authority itself< but, save as aforesaid and subject to

the provisions of this Act and to any directions of the

Authority” there shall be substituted the words “The affairs,

business and the carrying out of the functions of the Authority

shall be the responsibility of the Board< but subject to the

provisions of this Act and to any directions of the said Board”<

(ii) for the word “servants” there shall be substituted

the word “employees”<

(iii) for the words “delegated to him by the Authority”

there shall be substituted the words “delegated to him by the

Board”< and

(b) for sub-article (2) thereof, there shall be substituted the

following>

“(2) The Chairman of the Authority shall be appointed

by the Minister for such period as the Minister may deem

appropriate. The Minister may also designate another member

of the Board as deputy chairman, and the member so

designated shall have all the powers and perform all the

functions of the Chairman during his absence or inability to

act as chairman, or while he is on vacation, or during any

vacancy in the office of chairman< and the Minister may also,

in any of the circumstances aforesaid, appoint another person

to act as chairman and in such case the foregoing provisions

shall apply in respect of such person.”.

For article 6 of the principal Act there shall be substituted the

following>

6. (1) There shall be a Board of Directors of the

Housing Authority, which shall be composed of the Chairman

and a minimum of six but not more than ten other voting

members.

(2) The members of the Board shall be appointed,

by the Minister, from among persons who appear to him to

be qualified by reason of having had experience of, and shown

capacity in, matters relating to housing or property

development, banking, finance, architecture, design, social

policy, management, organisation of workers or employees,

industry, trade or administration, and the Minister may also

choose one or more members from among public officers.

(3) The Board shall be responsible for the

formulation of policies to be pursued by the Authority

in the carrying out of its functions. In determining

policies the Board shall follow such guidelines as may

be set out by Government. Such policies shall be in

writing and shall be made public.

(4) The members of the Board shall receive,

out of funds of the Authority, such remuneration as the

Minister may, from time to time, determine.

(5) The provisions of the Criminal Code in Cap. 9.

respect of public officers or employees shall apply to

the members of the Board and to all other officers and

employees of the Authority.

(6) A person shall be disqualified for

appointment to, or from remaining a member of, the

Authority if he>

(a) is a member of the House of

Representatives, or of a Local Council, or a

candidate for election to the House of

Representatives or to a Local Council< or

(b) has such a financial or other interest in

any enterprise or activity as is likely to affect

prejudicially the discharge by him of his functions

as a member of the Authority< or

(c)

is legally incapacitated or interdicted< or

(d) has been adjudged bankrupt or has made

a composition or arrangement with his creditors<

or

(e) has been convicted of a crime affecting

public trust or of theft or of fraud or of knowingly

receiving property obtained by theft or fraud.

(7) Subject to the provisions of sub-article (8),

the members of the Authority shall hold office for such

period and on such terms and conditions as the Minister

may deem appropriate< and a member shall, on ceasing

to be a member, be eligible for reappointment.

(8) A member of the Authority may resign from

office by letter addressed to the Minister< and if during

his tenure of office there is a change in the person of the

Minister, every such member shall tender his resignation

to the new Minister.

(9) A member of the Authority may be removed

from office by the Minister if, in his opinion, such

member is unfit to continue in office< or has become

incapable of, or is not, properly performing his duties as

a member< or in the event of any of the circumstances

which disqualify such person from remaining a member

of the Authority.

(10) The appointment and termination of office

of any person as member of the Authority shall be

notified in the Gazette.

(11) Any member of the Authority who has any

direct or indirect interest in any contract made or

proposed to be made by the Authority, not being an

interest which disqualifies such member from remaining

a member, shall disclose the nature of his interest at the

first meeting of the Board after the relevant facts have

come to his knowledge< such disclosure shall then be

recorded in the minutes of the meeting of the Board,

and the member having an interest as aforesaid shall

withdraw from any meetings at which such contract is

discussed or decided on by the Board. Any such

disclosure shall be communicated to the Minister without

delay. Where the interest of the member is such as to

disqualify him from remaining a member, he shall report

the fact immediately to the Minister and tender his

resignation.”.

Article 7 of the principal Act shall be amended as follows>

(a) for the marginal note thereto, there shall be substituted

the words “Provisions with respect to meetings of the Board.”<

(b) in sub-article (1) thereof, for the words “The meetings

of the Authority” there shall be substituted the words “The Board

shall meet as often as necessary or expedient, but in no case less

frequently than once a month. The meetings of the Board”, and for

the words “by at least two members of the Authority” there shall

be substituted the words “by a majority of the members of the

Board”<

(c) for the word “Authority” wherever this occurs there

shall be substituted the word “Board”<

(d) in sub-article (4) for the words “shall be invalidated by

reason of” there shall be substituted the words “shall be invalidated

merely by reason of” and for the words “the provisions of article 6

(6)” there shall be substituted the words “the provisions of article

6 (11)”<

(e) immediately after sub-article (5) there shall be inserted

the following new sub-article (6)>

“(6) Minutes of the proceedings of the Board and of

any committee thereof shall be kept. For this purpose and for

the keeping of the relevant records, the Minister shall

designate a person to act as secretary to the Board for such

period and on such terms as the Minister may deem

appropriate. The secretary to the Board shall not have a vote.”.

The proviso to sub-article (1) of article 8 of the principal Act Amendment

of article 8

shall be deleted and substituted with the following>

of the principal

Act.

“Provided that the Board may designate any one or more of

the other members of the Board, or of the officers or employees of

the Authority, to appear in the name and on behalf of the Authority

in any judicial proceedings and to sign for and on its behalf any

other act, contract, instrument or other document whatsoever.”.

Article 9 of the principal Act shall be amended as follows>

Amendment

of article 9

of the principal

(a) in sub-article (1) thereto for the words “its affairs

Act.

accordingly>” there shall be substituted the words “its affairs

accordingly.” and the proviso thereto shall be deleted<

(b) sub-article (2) thereof shall be deleted and substituted

with the following>

“(2) The Minister shall, from time to time, establish

committees as necessary to assist the Chairman in the

discharge of his duties.”< and

(c) in sub-article (3) thereof, for the words “of the Authority”

there shall be substituted the words “of the Board and any

committees”.

In article 10 of the principal Act, for the word “servants”

wherever it occurs there shall be substituted the word “employees”.

In article 12 of the principal Act, for the words “and published

in the Gazette” there shall be substituted the words “and published by

legal notice”, and for the words “before such day.” there shall be

substituted the words “before such day>”, and immediately thereafter

there shall be inserted the following proviso>

“Provided that any such order may also provide for the transfer

of the administration or other rights pertaining to Government in relation

to such immovable assets.”.

Article 13 of the principal Act shall be amended as follows>

(a) in sub-article (4) thereof, for the words “by the Authority,

be sent forthwith by the Authority to the Minister” there shall be

substituted the words “by the Board, be sent forthwith by the Board

to the Minister”< and

(b) in sub-article (5) thereof, for the words “from the

Authority” there shall be substituted the words “from the Board”.

In paragraph (d) of sub-article (2) of article 14 of the principal

Act, for the words “the Authority may adopt” there shall be substituted

the words “the Board may adopt”.

Article 16 of the principal Act shall be amended as follows>

(a) in sub-article (2) thereof, for the words “by the

Authority” there shall substituted the words “by the Board”< and

(b) in sub-article (3) thereof, for the words “the Authority

shall” there shall be substituted the words “the Board shall”.

Article 17 of the principal Act shall be amended as follows>

(a) in sub-article (1) thereof, for the words “by a resolution

of the Authority.” there shall be substituted the words “by a

resolution of the Board.”, and for the words “except such sum as

the Authority may” there shall be substituted the words “except

such sum as the Board may”<

(b) in sub-article (2) thereof, for the words “not exceeding

a sum fixed by the Authority, shall be made by such officer or

officers of the Authority as the Authority shall appoint” there shall

be substituted the words “not exceeding a sum fixed by the Board,

shall be made by such officer or officers of the Authority as the

Board shall appoint”< and

(c) in sub-article (3) thereof, for the words “or designated

by the Authority for that purpose and shall be countersigned by

the Chairman or such other member or officer of the Authority as

may be authorized by the Authority for that purpose” there shall

be substituted the words “or designated by the Board for that

purpose and shall be countersigned by the Chairman or such other

member of the Board as may be authorized by the Board for that

purpose”.

In article 18 of the principal Act for the words “under article Amendment

of article 18

9 (1),” there shall be substituted the words “under article 9,”.

of the principal

Act.

In paragraph (c) (iii) of sub-article (1) of article 20 of the Amendment

of article 20

principal Act for the word “servant” wherever it occurs there shall be of the principal

Act.

substituted the word “employee”.

Immediately after article 20 of the principal Act, there shall Addition of

new articles

be inserted the following new articles 21 to 26>

21 to 26

to the principal

Act.

“Detailing of

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

public officers

the

Authority

made with the concurrence of the Minister, from

for duty with

the Authority.

time to time, direct that any public officer be detailed for duty

with the Authority in such capacity and with effect from such

date as may be specified in the direction.

(2) The period during which a direction as

aforesaid shall apply to any officer specified therein shall,

unless the officer retires from the public service, or otherwise

ceases to hold office at an earlier date, or unless a different

period is specified in the direction, end on the happening of

the following events>

(a) the acceptance by such officer of an offer of

permanent employment with the Authority made in

accordance with the provisions of article 23< or

(b) the revocation by the Prime Minister of any

direction made by him under this article in relation to

such officers.

(1) Where any officer is detailed for duty with

Authority

by any direction under any of the provisions of

article 21, such officer shall, during the time in which such

direction has effect in relation to him be under the

administrative direction and control of the Authority but shall

for other intents and purposes remain and be considered and

treated as a public officer.

(2) Without prejudice to the generality of the

foregoing, a public officer detailed for duty as aforesaid>

(a) shall not during the time while such officer is

so detailed>

(i) be precluded from applying for a transfer

to a department of the Government in accordance

with the terms and conditions of service attached

to the appointment under the Government held by

that public officer at a date on which he was detailed

for duty< or

(ii) be so employed that the remuneration

and conditions of service are less favourable than

those which are attached to the appointment under

the Government held by that public officer at the

date he was detailed for duty as aforesaid or which

would have become attached to such appointment,

during the said period, had such officer not been

detailed for duty with the Authority< and

(b) shall be entitled to have his service with the

Authority considered as service with the Government

for the purpose of any pension, gratuity, or benefit under

the Pensions Ordinance and the Widows’ and Orphans’

Pension Act, and of any other right or privilege to which

that public officer would be entitled, and shall be liable

to any liability to which he would be liable, but for the

fact that he is detailed for duty with the Authority.

(3) Where an application is made as provided in

sub-article (2) (a) (1), the same consideration shall be given

thereto as if the applicant had not been detailed for duty with

the Authority.

(4) The Authority shall pay to the Government

such contributions as may from time to time be determined

by the Minister responsible for finance in respect of the cost

of pensions and gratuities earned by an officer detailed for

duty with the Authority as aforesaid during the period in which

such officer is so detailed.

(1) The Authority may, with the approval of the

Prime Minister, offer to any officer detailed for duty with the

employment

Authority under any of the provisions of article 21 permanent

employment with the Authority at a remuneration and on terms

and conditions not less favourable than those enjoyed by such

officer at the date of such offer.

duty with the

(2) The terms and conditions comprised in any

offer made as aforesaid shall not be deemed to be less

favourable merely because they are not in all respects identical

with or superior to those enjoyed by the officer concerned at

the date of such offer, if such terms and conditions, taken as

a whole, in the opinion of the Prime Minister offer

substantially equivalent or greater benefits.

(3) Every officer who accepts permanent

employment with the Authority offered that officer, under

the provisions of sub-article (1), shall for all purposes other

than those of the Pensions Ordinance and of the Widows’

and Orphans’ Pensions Act, be deemed to have ceased to be Cap. 93.

in service with the Government and to have entered into Cap. 58.

service with the Authority on the date of such acceptance,

and for the purposes of the said Ordinance and of the said

Act, so far as applicable to that officer, service with the

Authority shall be deemed to be service with the Government

within the meanings thereof respectively.

(4) Every such officer as aforesaid who,

immediately before accepting permanent employment with

the Authority was entitled to benefit under the Widows’ and

Orphans’ Pensions Act, shall continue to be so entitled to

benefit thereunder to all intents as if service with the Authority,

were service with the Government.

(5) The Authority shall pay to the Government

such contributions as may from time to time be determined

by the Minister responsible for finance in respect of the cost

of pensions and gratuities earned by an officer who has

accepted permanent employment with the Authority as

aforesaid during the period commencing on the date of such

officer’s acceptance.

(6) For the purposes of this article>

(a) posts and salary grades with the Authority

shall be classified in the most nearly corresponding

grades and incremental levels in the service under the

Government by reference to job description, skills,

responsibilities and other analogous factors<

(b) the classification referred to in paragraph (a)

shall be carried out by a board composed of a chairman

appointed by the Minister responsible for finance and

two other members, one appointed by the Minister

responsible centrally for personnel policies in the public

service and one appointed by the Authority. The

classification shall be subject to the final approval of

the Minister responsible for finance<

(c) such classification shall take place within three

months of any adjustment of salaries of employees in

Government service and, or of employees of the

Authority<

(d) no post shall be classified in a grade higher

than that of Grade 3 in the service of the Government or

such other grade as the Minister responsible for finance

may, from time to time, determine by notice in the

Gazette<

(e) without prejudice to article 113 of the

Constitution, no person may, following a classification

as aforesaid, be entitled to rights under the Pensions

Ordinance less favourable than those to which that person

would have been entitled prior to such classification.

(1) With effect from the date of entry into force

assets to the of this article, all rights, obligations, functions and assets

previously pertaining to the Director of Social Housing shall,

by virtue of this Act, and without further assurance, be

transferred to, and shall vest in the Authority under the same

title and authority by which they were held by the Director

immediately before that day.

(2) Such transfer shall extend to the whole of such

assets, rights, and obligations and shall include all land, works

and other property, movable and immovable, powers,

privileges and causes of action held or enjoyed in connection

therewith or appertaining thereto.

Subject to the provisions of this Act, all laws, rules,

Construction

regulations, orders, judgments, documents, warrants,

contracts etc.

agreements and other working arrangements subsisting

immediately before the date of entry into force of this article,

affecting anything transferred to the Authority by virtue of

this Act shall have full force and shall be valid against or in

favour of the Authority and shall be enforceable as if, instead

of the Government, the Authority had been named therein or

had been a party thereto, as the case may be.

(1) Where anything has been commenced by or

under the authority of the Government prior to the date of

entry into force of this article and such thing is in relation to

anything transferred to the Authority by virtue of this Act,

such thing may be carried on and completed by or under the

authority of the Authority.

(2) Where on the date of entry into force of this

article any legal proceeding is pending to which the

Government is a party or is entitled to be a party and such

proceeding has reference to anything transferred to the

Authority by virtue of this Act, the Authority shall be

substituted in such proceeding for the Government and shall

be entitled to be so substituted.

(3) The Minister may by order make such

incidental, consequential and supplemental provisions as may

be necessary or expedient for the purpose of securing and

giving full effect to the transfer of any undertaking or any

right, power, liability or obligation to the Authority by or under

this Act and may make such orders as may be necessary to

make any powers and duties exercised by the Government,

in relation to anything transferred to the Authority by virtue

of this Act, exercisable by and on behalf of the Authority.”.

19. Article 2 of the Commissioner of Land Ordinance shall be Consequential

amendment

amended as follows>

of the

Commissioner

of Land Ordinance.

(a) for the words “Subtitle VI of Title VIII of Part I of Book

Second, article 590 (2), article 627, article 637 (3), article 742 and

article 873 of the Code of Organization and Civil Procedure” there

shall be substituted the words “Subtitle VI and VII of Title VIII of

Part I of Book Second, article 590 (2), article 627, article 637 and

article 873 of the Code of Organization and Civil Procedure”< and

(b) in the second proviso thereto, for the words “as the case

may be.” there shall be substituted the words “as the case may

be>”, and immediately thereafter there shall be inserted the

following new proviso>

“Provided further that in respect of such immovable assets

that may from time to time be specified in an order made by the

President and published in the Gazette in terms of article 12 of the

Housing Authority Act, and any other immovable assets acquired

and administered in terms of paragraph (a) of sub-article (2) of

article 4 of the said Act, the Housing Authority established under

article 3 of the Housing Authority Act shall exercise the rights and

responsibilities referred to in this article, and the provisions of the

Land (Compulsory Eviction) Act shall for the purpose of any such

land be read and construed as if any reference therein to the

Commissioner of Land were a reference to the Chairman of the

Housing Authority, and the provisions of article 181, of Subtitles

VI and VII of Title VIII of Part I of Book Second, of sub-article 2

of article 590, of article 627, of article 637, and of article 873 of

the Code of Organization and Civil Procedure shall apply, in

relation to such immovable assets, to the Housing Authority and

the Chairman of the Housing Authority, as the case may be.”.

Passed by the House of Representatives at Sitting No. 599 of 10th December,

2007. A NTON T ABONE

Speaker

R ICHARD J. C AUCHI

Clerk to the House of Representatives

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press

Lm0.64 (€1.49)