ACT No. XXVI of 2015 AN ACT to further amend the Code of Organization and Civil Procedure, Cap. 12, and for matters consequential or incidental thereto.

I assent.

M ARIE L OUISE

(L.S.)

C OLEIRO P RECA

President

4th August, 2015

ACT No. XXVI of 2015

AN ACT to further amend the Code of Organization and Civil

Procedure, Cap. 12, and for matters consequential or incidental

thereto.

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:-

The short title of this Act is the Code of Organization and

Civil Procedure (Amendment No. 2) Act, 2015, and this Act shall be

read and construed as one with the Code of Organization and Civil

Procedure, hereinafter referred to as "the Code".

Immediately after article 467 of the Code there shall be

added the following new article

" Summary

468. (1) Without prejudice to the

proceedings for

powers held by virtue of the Land

eviction from

(Compulsory Eviction) Act, the Commissioner

certain land.

of Land may, when he intends to act for the

compulsory eviction of any person from any

land which is

(a)

occupied by such person

without any title; or

(b) held on encroachment terms;

or

(c)

where, in respect of land that

may from time to time be specified in

terms of article 2 of the Commissioner of

Land Ordinance, the time-period

specified in a contract conferring title has

lapsed; or

(d) where, in respect of land that,

although occupied with a valid title not

being a real title, such person is in breach

of the agreed conditions,

request the immediate compulsory eviction of

such person and the removal therefrom of any

movable effect.

(2) The request mentioned in sub-article

(1) shall be made by means of a declaration to

be sworn before the Registrar and shall be

notified to the respondent by way of a judicial

letter filed in the First Hall of the Civil Court

or in the Court of Magistrates (Gozo) in its

superior jurisdiction, as the case may be, and

shall have the same effect of a res judicata of

the competent court, unless the respondent,

within twenty days from service of the said

declaration, does not oppose the request by

filing an application in which he asks the Court

to declare that the request is unfounded

Provided that the judicial letter shall, on

pain of nullity, inform the respondent of his

right to file an application in which he asks the

Court to declare the request as unfounded.

(3) The application filed in terms of

sub-article (2) shall be served on the

Commissioner of Land, who shall have the

right to file a reply within twenty days. The

Court shall proceed to set a date for hearing for

the said application after the expiration of that

period.

(4) In urgent cases, the Court may, after

an application filed by any one of the parties,

reduce any peremptory period as provided in

this article by means of a decree which is to be

served on the parties.

(5) The Court shall, following the

appointment of the application for hearing,

decide upon this application summarily after

having heard all evidence which it deems fit, in

the shortest time possible but not later than

four months from the day when the parties

would have been notified.

(6) The Court shall uphold the

application if it is satisfied, after having heard

the explanations given, without prejudice to

the final decision given in accordance with

sub-article (8), that the applicant has a valid

defence to plead against the request for

eviction.

(7) No appeal shall lie from the decision

of the Court upholding the application and

declaring the request of the Commissioner as

unfounded in terms of this article.

(8) When a request made in terms of

this article is declared by the Court as being

unfounded for the purposes of this article, the

Commissioner of Land may proceed with the

action he deems proper before the competent

Court against the possessor or holder of the

land

Provided that, notwithstanding the

provisions of any other law, such action shall

be brought in the First Hall of the Civil Court

or in the Court of Magistrates (Gozo) in its

superior jurisdiction, which Court shall be

exclusively competent to hear and decide on

the request for compulsory eviction, made after

the procedures in terms of this article, and any

other connected request that can be brought in

connection with the said eviction, have been

exhausted.

For the purposes of this article, "land" has

the same meaning as given to it in the Disposal

of Government Land Act.".

Immediately after article 468 of the Code there shall be

Addition of new

article 468A to

added the following new article

the Code.

" Procedure

468A. (1) In an action brought by the

subsequent to a

Commissioner of Land, the Court may order

request made

the holder or possessor of land to provide,

under article

468. within the time stipulated by the Court, a

guarantee for an amount to be fixed by the

Court, which security shall make good for

damages or loss of rent which the

Commissioner may suffer during the term of

the proceedings.

(2) In the event that a guarantee is

imposed, this shall remain in force up to one

month after the action brought by the

Commissioner for Land is decided in a definite

manner.

(3) In the event that a party fails to

provide security as fixed by the Court, the

Court shall, upon the demand by the

Commissioner by means of an application,

revoke the order made in accordance with

article 468 and thereby the request of the

Commissioner made within the terms of such

article shall come into force and the effects

contemplated in sub-article (2) of the said

article 468 shall apply.".

Article 2 of the Commissioner of Land Ordinance shall be Consequential

amendments to

amended as follows

the

Commissioner

of Land

(a)

in the first proviso thereto, for the words "and the Ordinance.

provisions of article 181, Subtitle VI and VII of Title VIII of Cap. 169.

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

and article 873 of the Code of Organization and Civil

Procedure" there shall be substituted the words "and the

provisions of article 181, Subtitle VI and VII of Title VIII of

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

article 837(2) and article 873 of the Code of Organization and

Civil Procedure"; and

(b) in the third proviso thereto, for the words "and the

provisions of article 181, of Sub-titles VI and VII of Title VIII

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

article 637, and of article 873 of the Code of Organization and

Civil Procedure" there shall be substituted the words "and the

provisions of article 181, of Subtitle VI and VII of Title VIII of

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

article 837(2) and article 873 of the Code of Organization and

Civil Procedure".

Passed by the House of Representatives at Sitting No. 292 of the

17th July, 2015.

A NĠLU F ARRUGIA

Speaker

R AYMOND S CICLUNA

Clerk of the House of Representatives

€0.54