PORT WORKERS ORDINANCE

PORT WORKERS

CHAPTER 171

PORT WORKERS ORDINANCE

To regulate the employment of port workers and to make other

provisions connected therewith.

4th August, 1966

ORDINANCE XIV of 1962, as amended by Legal Notices 4 of 1963 and

46 of 1965; Acts XLIV of 1965, XV of 1966, XXVIII of 1968, IX of 1971, IX

of 1973, LVIII of 1974, XXVIII of 1975; Legal Notice 148 of 1975; Acts XI

and XXIV of 1977, XIII of 1983, XVII of 1991 and XVI of 2007; Legal

Notice 410 of 2007; and Act XV of 2009.

The short title of this Ordinance is the Port Workers

Ordinance.

Substituted by

XVI. 2007.15.

[Article 7(7)]

Amended by

L.N. 410 of 2007.

Procedure of the Port Work Appeals Board

1. (1) Subject to the provisions of paragraph 3 hereof, an appeal in accordance

with the provisions of article 8 of this Ordinance shall be made by the applicant and

shall be filed with the secretary of the Port Work Appeals Board in a written form by

registered post or delivered by hand to the secretary.

(2) An appeal under paragraph (1) hereof shall contain the following main

information

(a) the details concerning the appeal

with

relevant

supporting

documentation annexed as necessary;

(b) a brief statement of facts, and

(c) the grounds of the appeal.

(3) The application for an appeal shall be filed with the secretary of the Board in

triplicate, a copy of which shall by not later than three days be served separately

through the secretary on the Authority and on any other affected party.

(4) The Chairman of the Board may, at any time, allow an amendment to be

made in the application only for the purpose of making it clearer

Provided that the Chairman shall not take cognizance of such amendments

on grounds other than those submitted in the first application.

(5) Whenever a copy of an application of appeal is served on the Authority or

any other affected party in accordance with paragraph (3) hereof, the Authority, or

any other affected party, shall file with the secretary of the Board within the time

limit indicated by the Chairman in his communication (which in no case shall exceed

fifteen days) a reply in duplicate stating the reasons for contesting the appeal, one

copy of which shall by not later than three days be served by the secretary on the

applicant.

(6) The Chairman of the Board shall as soon as practicable appoint a day for the

hearing of the appeal, which saving as the Chairman may otherwise direct for

reasons of commercial confidentiality, be heard in public.

(7) Nothing shall prevent the Board, either before the hearing or at any time

during the hearing of an appeal, from summarily dismissing or disallowing an appeal

without hearing it or without hearing any further, as the case may be, on the grounds

that the appeal is frivolous or vexatious or one that should not have been brought or

made before it.

(8)

Notice, warrants, orders issued by the Board shall -

(a) be signed by the Chairman and countersigned by the secretary;

(b) be delivered by registered mail or by any other form that the Chairman

may determine.

(9)

In conducting its proceedings, the Board shall ensure -

(a) that the affairs of the Board and its proceedings are carried out in an

impartial and transparent manner;

(b) that the proceedings are concluded within a reasonable time;

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(c) that the final decision is signed by the Chairman, and the original is kept

in the registry of the Board with the complete record of the proceedings

of the case;

(d) that the final decision is concurrently submitted by the Chairman of the

Board to the Minister and the Chairman of the Authority.

(10) If considered necessary, the Chairman of the Board may summon witnesses,

appoint experts to assist the Board, and, where applicable, hear evidence on oath.

(11) The Board may at its own discretion order any party, or parties, to an appeal

before it to bear the reasonable costs related to the Board’s performance of its

functions under these regulations, including, where applicable, the costs of retaining

appropriate consultants and, or experts necessary to carry out their duties and

functions in a proper manner. The Board may, when delivering its decision, also

determine which, or in what proportion, are the parties to pay such costs.

(12) The Board shall endeavour to determine an appeal within forty days from

the date of the first submission of the appeal by an applicant

Provided that the Minister may for valid reasons establish further extensions

for the Board to conclude its deliberations after application by the Chairman of the

(13) With regard to the conduct of proceedings before it, the Board shall have all

the powers that are vested by the Code of Organization and Civil Procedure in the

Civil Court, First Hall.

(14) Any person -

(a) who fails to provide the Board with the relevant information requested

within the time specified in a written notice, and, or

(b) who knowingly provides false information to the Board,

shall be guilty of an offence under this Ordinance.

(15) A person who -

(a) commits an offence under paragraph (14)(a) of this Schedule shall be

liable, on conviction, to a fine (multa) not exceeding five hundred and

eighty-two euro and thirty-four cents (582.34), and, in the case of a

second offence or subsequent offence, to a fine (multa) not exceeding

one thousand and one hundred and sixty-four euro and sixty-nine cents

(1,164.69);

(b) commits an offence under paragraph (14)(b) of this Schedule shall be

liable, on conviction, to a fine (multa) not exceeding two thousand and

three hundred and twenty-nine euro and thirty-seven cents (2,329.37) or

to imprisonment for a term not exceeding six months or to both such

fine and imprisonment.

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In this Ordinance, unless the context otherwise requires -

"Act" means the Employment and Industrial Relations Act;

" A u t h o r i t y " m e a n s t h e A u t h o r i t y f o r Tr a n s p o r t i n M a l t a

established under the Authority for Transport in Malta Act;

"Board" means the Port Workers Board established under article

10;

" c o n d i t i o n s of e m p l o y m e n t " m e a n s w a g e s , t h e pe r i o d o f

employment, the hours of work and leave;

"contractor" has the same meaning as is assigned to it by article 2

of the Authority for Transport in Malta Act;

"employer of port workers" means a person so authorized or

licensed by the Authority in accordance with the provisions of the

Authority for Transport in Malta Act to provide services including

the loading, unloading, transshipment, storage and the movement

of general cargoes and other materials in a port and includes a

terminal operator;

"foreman" means any person who, on his own behalf or on behalf

of another person, employs port workers;

"Minister" means the Minister responsible for ports, and includes

any person acting under his authority;

"person" includes a body of persons being a partnership,

company or society of persons, whether corporate or unincorporate

and whether vested with legal personality or not;

"port" means a port for the purposes of the Authority for

Transport in Malta Act, and includes a warehouse and any such

inland depot and any such other area where goods are handled to

form or to dismantle unitised cargo as may be declared by order of

the Minister;

"port worker" means a person employed in a port in the provision

of services of a temporary nature involving the handling of cargo in

the process of loading or unloading cargo on or from a ship, from

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or to any place on shore, a person so employed or authorized by the

Authority or so employed by an employer of port workers to handle

cargo in a warehouse and a person employed in the handling of

cargo, as the Minister may from time to time prescribe, from a

transit shed or stack or open quay to vehicle or in the consolidation,

groupage or dismantling of goods in or from a unit load in a port,

and "port work" for the purposes of this Act shall be construed

accordingly;

"prescribed" means prescribed by regulations made under article

17;

"the provisions of this Ordinance" includes the provisions of any

regulations made under this Ordinance;

"Service Level Agreement" means an agreement concluded

between port workers and employers of port workers in connection

with the provision of services by port workers;

"unit load" or "unitised cargo" means -

(a) a quantity of cargo unitised to form a single load in or

on -

(i) roll on/roll off units which may be on wheels

integral to the transport unit or which may be

towed or pushed or otherwise moved by other

mechanical equipment;

(ii) vehicles or trailers rolled on or off a ship;

(iii) Lancashire flats, that is, platforms, with or

without ends, on which the goods are stacked;

(iv) freight containers being articles of equipment

having an overall volume of not less than 8 cubic

metres either rigid or collapsible, suitable for

repeated use in the carriage of goods in bulk or

package form and capable of transfer to or from

one or more forms of transport;

(b) liquid in bulk in containers with a minimum capacity

of 2273 litres integrated in vehicles to form bowsers;

(c) vehicles and empty trailers of all kinds rolled on or off

a ship;

(d) any other goods on wheels rolled on or off a ship;

(e) cargo on expendable or returnable pallets, provided

such cargo is handled between ship and shore or vice-

versa entirely by mechanical means through points of

access to or from a ship other than conventional

hatchways;

(f) empty containers;

(g) empty road transport vehicles and bowsers rolled off a

ship to load cargo for eventual shipment as unitised

cargo or rolled on a ship after having brought into

Malta unitised cargo by means of the roll on/roll off

method;

(h) seacraft or floating objects which are loaded on or

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unloaded from a ship directly from or to the waters of

a port

but does not include -

(i)

unit loads of any description handled between

ship and shore or vice-versa by conventional

means, other than containers lifted on or off a

ship; or

(ii) heavy indivisible loads, except when carried on

a vehicle or trailer which is rolled on or off a

ship;

"warehouse" means a warehouse as defined in article 2 of the

Authority for Transport in Malta Act.

Amended by

L.N. 46 of 1965;

[Articles 12 and 13]

LVIII. 1974.68

L.N. 148 of 1975;

Procedures of the Port Workers Board

XVII. 1991.82.

Substituted by

XVI. 2007.15.

PART ONE

With regard to matters falling under article 11(1)(a) and (f)

1. (1)

The Board shall hold its sittings in public and have the power to -

(a) summon witnesses;

(b) take expert advice;

(c) administer oaths, which shall be administered by the Chairman of the

Board; and

(d) require any person who appears to it to have special knowledge of the

matter under consideration to furnish orally or in writing such

particulars in relation thereto as the Board may require.

(2) In the exercise of its powers, the Board shall have the powers which are

conferred by Law on the First Hall of the Civil Court

Provided that -

(a) the Board shall not in any case be enabled to order the detention of any

person; and

(b) the duties of a court usher and of a court executive officer respectively

shall be performed by members of the Executive Police detailed for the

purpose by the Commissioner of Police.

(3) Any fine inflicted by the Board shall be recoverable by the Authority as a

civil debt due to it.

(4) Every application shall be signed by the Chairman of the Board and may be

served either personally or by registered post, and in the latter case, in proving

service, it shall be sufficient to prove that the application was properly addressed

and posted.

(5) The meetings of the Board shall be called by the Chairman as often as is

necessary.

(6) The minutes of the meetings shall be kept by the secretary and approved at a

meeting of the Board. All approved minutes are to be signed by the Chairman.

(7) Half the number of members for the time being constituting the Board shall

form a quorum. Decisions shall be adopted by a simple majority of the votes of the

members present and voting. The Chairman shall have an initial vote and in the

event of an equality of votes, a casting vote.

(8) The Board shall give the person appearing before it the opportunity of

presenting his case.

(9) During the proceedings the person appearing before the Board shall be

allowed to be represented by a person of his own choice.

(10) Subject to the provisions of article 14(2) and the provisions of article 15(2),

the decisions of the Board shall otherwise be final.

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(11) The Board may otherwise regulate its other procedures.

PART TWO

With regards to matters falling under 11(1)(b), (c), (d) and (e)

and matters under article 12

1. (1) Subject to the provisions of paragraph (4) hereof, the meetings of the

Board shall be called by the Chairman as often as may be necessary on his own

initiative or at the request of any of the members of the Board, but the Board shall

meet at least once a month to discuss any matter of interest related to port work as

part of its functions under article 11(1)(b), (c), (d) and (e).

(2) Half the number of members for the time being constituting the Board shall

form a quorum.

(3) Subject to the provisions of article 11(3), (4) and (5) and of article 12(2) of

the Ordinance, all other decisions of the Board shall be by a simple majority of the

votes of the members present and voting. For this purpose the Chairman shall have

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

(4) In matters falling under article 12 concerning work disputes at a port, the

Board shall be convened following delivery to the secretary of the Board of a notice

in writing stating that a specific dispute has arisen between an employer, or

employers, of port workers and port workers. The notice shall state the nature of the

dispute and shall be signed by the person, or persons, referring the matter to the

Board.

(5) When delivering the notice referred to in paragraph (4) hereof, the person

delivering the notice shall be required to deposit with the secretary a sum of one

hundred and sixteen euro forty-seven cents (116.47) representing the fee relative to

the meeting of the Board. The Board, may, when delivering its decision, determine

which, or in what proportion, are the parties to pay the said costs.

(6)

In matters falling under article 12, the Board shall be empowered to -

(a) summon witnesses,

(b) administer oaths, and

(c) require any person who appears to it to have special knowledge of the

matter under consideration to furnish orally or in writing such

particulars in relation thereto as the Board may require.

(7)

Oaths shall be administered by the person chairing the Board.

(8) In the exercise of the powers in accordance with the provisions of paragraph

(6)(a) and (b) hereof, the Board shall have the powers that are conferred by law on

the First Hall of the Civil Court

Provided that -

(a) the Board shall not in any case be enabled to order the detention of any

person, and

(b) the duties of a court usher and of a court executive officer respectively

shall be performed by members of the Executive Police detailed for the

purpose by the Commissioner of Police.

(9) Any fine inflicted by the Board shall be recoverable by the Authority as a

civil debt due to it.

(10) Every application under article 12 shall be signed by the Chairman and may

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be served personally or by registered post, and, in the latter case, in proving service,

it shall be sufficient to prove that the application was properly addressed and posted.

(11) Any claim arising out of a dispute between an employer of port workers and

port workers under article 12 shall -

(a) be rejected by the Board if the person or persons making such a claim,

when duly summoned to appear before the Board, fails or fail to appear

before it without any valid reason within one hour of the time fixed for

the hearing of the claim;

(b) be deemed to have been admitted by default if the Board is satisfied that

the person or persons against whom the claim is brought had failed to

appear before it without any valid reason within one hour of the time

fixed for the hearing of the claim.

(12) The minutes of the meetings shall be kept by the secretary after being

confirmed at a meeting of the Board and signed by the Chairman.

(13) The Board shall otherwise regulate its other procedures.

(1) No person shall act as port worker unless he is

registered as such with the Authority, for which purpose the

Authority shall keep a register.

(2) Subject to the provisions of this Ordinance, registration

shall be for a period of one year starting on the first day of January

and ending on the thirty-first day of December of the same year

Provided that, at the end of such period, registration may be

renewed.

(3) No person shall employ another person to act as port

worker except in accordance with the provisions of this Ordinance

Provided that in respect of port work involving the handling

of cargo in a warehouse, or from or to any place on shore, other

than the handling of cargo in the process of loading or unloading

cargo on or from a ship, the Minister may authorize the Authority

or a contractor to employ persons who are not registered as

required by the provisions of this Ordinance.

(4) No port worker shall cause or allow a person to act as a port

worker in his stead.

(1) Every port worker shall, on registration, be

conclusively deemed to have accepted to abide by the conditions of

employment and by the determinations made under the provisions

of article 8 in force from time to time under the provisions of this

Ordinance.

(2) Every port worker shall report for work at such time and

such places as he may be required by the employer or the Authority

on the employer’s behalf.

(3) Every port worker shall abide by all such laws and

regulations as may apply to the place or to the type of work on

which he is engaged.

(4) Every port worker shall notify the Authority of his absence

from work on any day on which he absents himself from work due

to injury or sickness and shall forward to the Authority a medical

certificate issued by a medical doctor.

(5) A port worker shall, saving cases of incapacity through

injury or sickness, be at all times available for port work and may

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not engage in any work or employment which may interfere with

this obligation.

(6) In order to ensure safety, increase in efficiency and develop

flexibility, it shall be the duty of port workers to undergo periodic

training programmes as is considered necessary.

(1)

No person shall act as foreman -

(a) if he is a port worker;

(b) unless he is licensed as such by the Authority.

(2) The licence shall be subject to such conditions as may be

contained therein or in any renewal thereof and shall expire on the

thirty-first day of December in each year but may be renewed from

year to year

Provided that the licence shall automatically expire if the

foreman is convicted of theft committed during or in connection

with port work.

(3) If any foreman contravenes or fails to comply with the

provisions of this Ordinance, or grossly misbehaves or misconducts

himself in the course of or in connection with his work, then,

without prejudice to the provisions of article 18, the Authority

may -

(a) reprimand him; or

(b) suspend his licence for such period as the Authority

may deem appropriate; or

(c) cancel his licence.

(4) Before reaching any decision under the provisions of the

last preceding subarticle, the Authority shall give the foreman

concerned full opportunity of presenting his case.

(5) During any proceedings under the provisions of subarticle

(3) a foreman may be assisted by such person as he deems proper.

(6)

Nothing in this article shall apply to a contractor.

(1) Responsibility for the payment of fees due for the

employment of port workers shall vest in the person by whom or on

whose behalf such port workers are employed.

(2) Save as may be prescribed, such payment shall not be

deferred beyond three days after the completion of the port work.

(1) There shall be established a Port Work Appeals Board,

hereinafter referred to as "the Appeals Board", which shall exercise

and perform functions assigned to it by this Ordinance.

(2) The Appeals Board shall be appointed by the Minister and

shall consist of a Chairman of recognized standing and two

members being persons who in the opinion of the Minister have

experience in maritime, financial or administrative matters. The

Minister shall also appoint a person to act as a secretary to the

Board with no voting powers.

(3)

The Chairman and members of the Appeals Board shall be

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appointed for a period of three years and shall be eligible for

reappointment.

(4) The Chairman and members of the Appeals Board shall

have no direct financial or other interests in matters concerning the

management of ports and may be challenged or abstain for any of

the reasons for which a judge may be challenged or abstain in

accordance with the Code of Organization and Civil Procedure. In

such cases the Minister shall appoint a person, having the

qualifications of the Chairman or members challenged or

abstaining, to sit in substitution.

(5) A judge, or magistrate or a member of the House of

Representatives or of the European Parliament or of a Local

Council shall be disqualified from being appointed or acting as

Chairman or member of the Appeals Board as long as he holds that

office.

(6) The Chairman and members of the Appeals Board shall for

a period of one year following the termination for whatever reason

of his appointment not engage in any activity which because of

conflict of interest would have been incompatible with the exercise

of his functions. Any person who acts in breach of this sub-article

shall be guilty of an offence against this Ordinance and shall, on

conviction, be liable to a fine (multa) of not less than two thousand

and three hundred and twenty-nine euro and thirty-seven cents

(2,329.37) and not more than eleven thousand and six hundred and

forty-six euro and eighty-seven cents (11,646.87).

(7) The procedures, offences, and other similar matters

concerning the Appeals Board shall be regulated by the provisions

of the First Schedule which may be amended by regulations made

by the Minister from time to time

Provided that any offence provided for in regulations made

under this subarticle shall not be liable to a fine (multa) of more

than two thousand and three hundred and twenty-nine euro and

thirty-seven cents (2,329.37) or to imprisonment for a period of not

more than six months or to both such fine and imprisonment.

(1) The functions of the Appeals Board shall be the

following

(a) to hear appeals by employers of port workers or port

workers for a review of any decision or directive taken

by the Authority with regards to the tariffs for

transshipment operations; and

(b) to decide upon any dispute as may be referred to it by

the Minister regarding transshipment tariffs.

(2) Any decision or directive issued by the Authority relating

to transshipment tariffs payable to port workers shall only come

into effect fifteen days after being officially communicated to the

port workers and the employers of port workers concerned in order

to allow for possible appeals under subarticle (1)

Provided that

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(a) if no appeal as aforesaid is filed during the said period

of fifteen days the decision of the Authority shall come

into effect immediately after the lapse of the

abovementioned period of fifteen days; and

(b) if an appeal as aforesaid is filed the decision or

directive of the Authority shall not come into force

until the appeal is finally determined by the Appeals

Board.

(3) A decision taken by the Appeals Board relative to an appeal

made under subarticle (1) shall be final and binding.

(4) In arriving at a decision on an appeal under subarticle (1),

the Appeals Board shall seek to balance the application of the

following principles, namely that -

(a) tariffs charged are based on sound economic and

commercial facts, including consideration of the

interests of consumers and industry in general and

other parties involved in port activity, including,

where applicable, the rate of inflation since the

charges were last revised, and any other relevant

unexpected economic circumstances;

(b) tariffs shall be reasonably related to costs, including

depreciation and a return on capital employed;

(c) port operators, or other persons involved in port

activity, are to be encouraged to invest in port facilities

to meet demand;

(d) tariffs should be comparable to those levied at other

ports competing with Malta;

(e) the achievement of service standards especially those

applicable internationally.

(1) The supply of port workers for particular port work or

to particular employers shall take place through the Authority.

(2)

The Authority shall -

(a) except where otherwise provided in a Service Level

Agreement, supply, in accordance with such system as

is established in an order which is in force under

article 11, and subject to such conditions as may be

prescribed, port workers to any port work authorized

by the Authority in such numbers, order and priority as

may be determined by the Authority;

(b) ascertain the amount of fees due by employers of port

workers in accordance with such tariff as may be made

under the provisions of this Ordinance, collect such

fees from the person responsible for their payment and

pay to the port workers concerned such fees as shall be

due to them in accordance with the provisions of this

Ordinance;

(c) notwithstanding the provisions of the Social Security

Act, collect from employers of port workers and from

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port workers any contributions which may be due by

them for the purposes of the Social Security Act, and

pay in arrears at monthly intervals all contributions so

collected in such form and manner as the Minister

responsible for social security may, with the

concurrence of the Minister responsible for finance,

from time to time determine, and be responsible for the

custody of the relative insurance cards;

(d)

maintain and supply records of employment and

earnings;

(e)

record attendances and absences of port workers;

(f)

furnish such returns and statistics in connection with

the employment of port workers as may be required;

(g)

ascertain and collect the administrative surcharge

specified in subarticle (3) and keep an account of all

receipts and expenditure connected therewith

separately from an account of all receipts and

expenditure connected with any other monies

Provided that all such accounts shall

(i) be maintained in such form as the Board may

determine; and

(ii) be subject to inspection by the Board;

(h)

carry out such other functions as may be prescribed.

(3) The Authority, after consultation with the Board, and with

the approval of the Minister, shall levy on employers of port

workers an administration surcharge calculated at such percentage

of the gross wages of port workers, as may be prescribed from time

to time.

(4) For the purpose of performing its functions under subarticle

(2) the Authority shall have power to request an employer of port

workers to produce such information including documents at such

time and at such place as it may require.

* (1) There shall be established a Port Workers Board,

hereinafter referred to as "the Board", which shall exercise and

perform the functions assigned to it by this Ordinance.

(2)

The Board shall consist of the following members

(a) a Chairman of experience in, amongst other matters,

port matters appointed by the Minister;

(b) two members nominated by the employers of port

workers;

*Article 18(2) of Act XVI of 2007: The Port Workers Board as established prior to the

coming into force of the amendments enacted by virtue of Act XVI of 2007 may

continue to carry out the functions, as assigned to it under the Port Workers Ordinance

as in force prior to the coming into force of Act XVI of 2007 until such time when the

Port Workers Board is established in terms of article 10 of the Port Workers

Ordinance as amended by Act XVI of 2007 and nothing done by the said Board shall

be deemed to be invalid due to the fact that it was done after the coming into force of

Act XVI of 2007.

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(c) two members nominated by the port workers;

(d) a secretary with no voting powers to be appointed by

the Minister.

(3) The Chairman and members of the Board shall be appointed

by the Minister for a period of three years and shall be eligible for

reappointment

Provided that where the employers of port workers or the

port workers fail to nominate the members at subarticle (2)(b) and

(c), the Minister may proceed to appoint the members he deems fit,

but who have the qualifications and, or experience to act in the

capacity of their representation on the Board.

(4) Where it appears to the Minister that more than one Board

is required to deal with the volume of work involved, he shall take

such action as he considers necessary in accordance with this

Ordinance to appoint more than one Board depending on the

prevailing case load before the main Board, and, for these

purposes, he may direct that such Board or Boards be appointed for

a specific term as he deems fit of three year or less.

(1) The functions of the Board shall be

(a) the discipline of port workers other than disciplinary

measures contemplated in the relative Service Level

Agreements;

(b) the review from time to time as provided by

regulations issued under the Ordinance of the

complement of port workers required by employers of

port workers to satisfy the demands of industry;

(c) the selection of persons eligible to fill a vacancy for a

port worker in accordance with regulations issued

under the Ordinance;

(d) to determine -

(i) the conditions of employment of port workers

including tariffs related thereto;

(ii) the system under which port workers shall be

supplied to employers of port workers for any

port work;

(iii) the organization of port workers

Provided that the Board shall not exercise the

functions specified in paragraph (d) where it is

specifically agreed to in writing between employers of

port workers and port workers in the determination of

the matters specified in the said paragraph shall be

done in any other manner;

(e) to advise the Authority on such matters relating to

labour in the port as may be referred to the Board from

time to time;

(f) to make recommendations to the Authority concerning

the deregistration from the Port Workers Register of

persons working at a port in accordance with article

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14(1)(b), (c) and (d); and

(g) to perform such other functions as may be prescribed.

(2) Without prejudice to the provisions of any other law, in

cases falling under subarticle(1)(a), in the event that a person is

convicted of theft committed during or in connection with port

work or contravenes or fails to comply with the provisions of this

Ordinance, or grossly misbehaves or misconducts himself in the

course of or in connection with his port work, then, without

prejudice to the provisions of article 18, or to the provisions of any

other law, the Board may -

(a) suspend him from work for a period not exceeding

three months; or

(b) give him a fortnight’s notice of cancellation of his

registration; or

(c) cancel his registration forthwith.

(3) The conclusions of the Board relative to matters under

subarticle (1)(d) and (e) shall be by agreement between the

representatives of employers of port workers and of the port

workers on the Board.

(4) If the two sides are unable to agree on matters under

subarticle (1)(d) and (e), they may agree to refer the question for a

decision by an umpire appointed by the Minister responsible for

labour upon their joint recommendation.

(5) The Board shall take all decisions by majority vote in

accordance with the provisions of the Second Schedule.

(6) Without prejudice to any right of appeal to the Port Work

Appeals Board where such right exists, any conclusion of the Board

relating to any tariff or to the conditions of employment of port

workers or to the supply of port workers and any other matter

which in the opinion of the Chairman of the Board involves

principles of importance, shall be submitted to the Minister for

approval and when approved by him shall be published by order in

the Gazette and shall be binding on all employers of port workers

and on port workers from the date of publication as may be

appointed by the Minister

Provided that the Minister may delegate in writing the

powers conferred upon him by this subarticle to a public officer or

to an officer in the Authority

Provided further that the Minister may recall for his own

determination on any matter that may be pending before the Board.

(7) Nothing in this article shall preclude recourse to

conciliation or arbitration proceedings under the provisions of the

Act, and, or any other relevant law, where the employers of port

workers side and the workers’ side have failed to reach agreement

under subarticles (3) and (4).

(8) A memorandum of the terms of a settlement of a trade

dispute made in accordance with the provisions of the Act, and, or

such other relevant law, shall, for the purposes of this Ordinance,

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be deemed to be an order made and published under subarticle (6),

and, notwithstanding the provisions of the Act, and, or such other

relevant law, such memorandum, award or decision may be

superseded by an order made by the Minister publishing an

approval by him of a determination or decision arrived at in

accordance with the provisions of subarticles (3), (4) or (5).

(1) Notwithstanding the provisions of article 11, the Board

shall also decide on specific disputes which may arise between the

employers of port workers and port workers in connection with port

work in accordance with -

(a) conditions of employment established in an order

which is in force under the provisions of article

11(1)(d) and (e); or

(b) such standards as may seem reasonable to the Board,

where no such conditions of employment are

applicable to a particular dispute

Provided that where a Service Level Agreement has

established procedures under which a particular dispute between an

employer of port workers and port workers can be resolved, the

Board may decide not to take cognizance of any such dispute

referred to it if it considers that all procedures under the said

Service Level Agreement have not been exhausted.

(2) Any decision given by the Board shall be final and binding

in respect of the particular dispute but it shall not have the force of

approved conditions of employment for the purposes of any future

dispute of a similar nature.

(3) Every decision of the Board under this article shall be

distributed to the parties involved in the dispute.

(4) Unless the Minister directs otherwise, the procedures

relative to matters under this article shall be regulated by the

provisions of Part Two of the Second Schedule, which provisions

may be amended by regulations made by the Minister from time to

time.

Subject to the provisions of article 12(4), the procedures

and other similar matters concerning the Board shall otherwise be

regulated by the provisions of the Second Schedule, which

provisions may be amended by regulations made by the Minister

from time to time.

(1) The registration of a person in the Port Workers

Register shall be cancelled by the Authority if -

(a) he attains the age of sixty-three or such lower age as

may be prescribed from time to time; or

(b) in the opinion of the Board, he is no longer a fit and

proper person to be a port worker for any cause

whatsoever; or

(c) in the opinion of the Board, he has absented himself

from port work without reasonable cause for such

number of days and within such period as may be

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determined from time to time in the approved

conditions of employment; or

(d) in the opinion of the Board, he has contravened the

provisions of article 3(5).

(2) Where a decision under the provisions of subarticle (1)(b)

is reached on grounds of ill health, the port worker shall have a

right of appeal to a medical board appointed by the President of

(1) Any decision of the Board under the provisions of

article 14 shall, subject to the provisions of subarticle (2) of that

article, be final.

(2) Notwithstanding the provisions of subarticle (1), the Board

may, on new facts being brought to its notice, review a decision

given by it

Provided that -

(a) application for review is lodged in writing with the

Chairman of the Board within twenty-one days from

the date on which the decision is communicated to the

port worker concerned; and

(b) a review of the decision shall in no case involve the

Board in any liability for any damages which may

have been sustained in consequence of the first

decision.

(1) The Minister may prescribe a scheme or schemes for

the payment of superannuation allowances, pensions or gratuities

or any other form of benefit to port workers and to persons who

have served as port workers.

(2) For the purpose of such payment, there shall be established

a fund to be known as the Pension and Contingency Fund.

The Minister may make regulations for carrying the

provisions of this Ordinance into effect, and, without prejudice to

the generality of the foregoing, for -

(a) prescribing the tariff of fees payable to foremen;

(b) providing for the recruitment of foremen, the

conditions required for their licensing, the fees

payable in respect of such licences, the classification

of foremen into groups, the duties of foremen, the

determination of the number of foremen to be licensed

and the age at which foremen employed by a

contractor shall retire from work;

(c) providing for the recruitment of port workers, the

conditions required for their registration and the fees

payable in respect of such registration, and for

determining the optimum number of port workers to be

registered;

(d) authorizing the Authority to issue to any port worker

upon registration and on payment of the prescribed

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fee, a certificate of registration and an identity badge;

(e) providing for the ownership, keeping, use and

production of registration certificates and identity

badges;

(f) ensuring the proper utilization of the labour of port

workers for the purpose of facilitating the rapid and

economic turn-round of vessels and the safe and

speedy transit of goods through the port, and for

enabling the Port Workers Board to investigate any

disruption caused by an employer of port workers of a

roster in which port workers are organized and to

award compensation not exceeding one thousand and

one hundred and sixty-four euro and sixty-nine cents

(1,164.69) against such employer in favour of port

workers prejudiced by such disruption;

(g) prescribing a tariff of fees payable by employers of

port workers;

(h) providing for the establishment of a Pension and

Contingency Fund;

(i) prescribing the manner in which the Pension and

Contingency Fund shall be administered and the

charges that may be made against it;

(j) prescribing the manner in which a pension and other

financial benefits shall be paid to port workers and to

persons who have served as port workers, and the

manner in which any pension or other financial

benefits so paid under the provisions of this Ordinance

may be recovered from any person;

(k) providing for a levy on employers of port workers and

on port workers towards the Pension and Contingency

Fund;

(l) prescribing anything that may be prescribed;

(m) providing that any person who contravenes or fails to

comply with the provisions of any such regulations

shall be guilty of an offence and liable, on conviction,

to a fine (multa) not exceeding one hundred and

sixteen euro and forty-seven cents (116.47) and, where

the regulations so provide, to the cancellation or

suspension of any licence issued to him under this

Ordinance; and

(n) providing for any other matter incidental or

supplementary to any of the foregoing matters.

Any person who contravenes or fails to comply with any of

the provisions of article 3(1) or (4), article 5(1), article 6 and article

9(1) or (2) and any employer of port workers who neglects or

refuses to comply with any request made by the Authority under

a r t i c l e 9 ( 5 ) (a) sh a l l b e gu i l t y of a n o ff e n c e a n d l i a b l e , o n

conviction, to a fine (multa) not exceeding one hundred and sixteen

euro and forty-seven cents (116.47) and the court may, on the

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application of the prosecuting officer, cancel or suspend for any

time any licence issued to such person or employer of port workers

under this Ordinance.

Where an offence under the provisions of this Ordinance is

committed by a body of persons, every person who, at the time of

the commission of the offence, was a director, manager, secretary

or other similar officer of such body of persons or was purporting

to act in any such capacity shall be deemed to be guilty of that

offence unless he proves that the offence was committed without

his knowledge and that he exercised all due diligence to prevent the

commission of the offence.

This Ordinance shall not apply to such port work as may be

prescribed.

The Stevedores and Port Labourers Ordinance (Ordinance

XXI of 1939) * shall be repealed without prejudice to anything done

or omitted to be done thereunder

Provided that until varied or revoked under the provisions of

this Ordinance the regulations and determinations made under the

Ordinance hereby repealed shall remain in force.

Until such time as the Council is established under article 7

of this Ordinance the Minister may by order make determinations

under the provisions of article 8 without reference to such Council

and such determinations shall be published in the Government

Gazette and shall remain binding on all employers of port workers

and on port workers from the date of publication or such other

future date as may be appointed by the Minister until they are

varied or revoked by other determinations made in accordance with

the provisions of article 8.

*This Ordinance was included in the 1942 Revised Edition of the Laws of Malta as

Chapter 158.

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