LAND (COMPULSORY EVICTION) ACT

LAND (COMPULSORY EVICTION)

CHAPTER 228

LAND (COMPULSORY EVICTION) ACT

To make provision for the compulsory eviction from land and tenements

owned or administered by Government or held by Government under any

other title.

4th April, 1972

ACT XIV of 1972, as amended by Acts XIII of 1983, VIII of 1990 and III

of 2004; Legal Notice 411 of 2007; Act III of 2011 and XV of 2017.

The short title of this Act is the Land (Compulsory

Eviction) Act.

In this Act unless the context otherwise requires

"Commissioner" means the Commissioner of Land;

"land" means any land or building owned or administered by the

Government or any part thereof and any land or building or part

thereof held by the Government under any title;

"order" means an order in writing given by the Commissioner.

(1) The Commissioner, if it appears to him to be necessary

or expedient to do so, may in his absolute discretion order the

compulsory eviction of any person from any land which is occupied

by such person without any title or on encroachment terms or

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 and

the removal therefrom of any movable effects, within a specified

period of time to be stated in the order, and may for the purpose

give such directions as appear to him necessary so that any such

order may be put into effect with the least possible delay

Provided that the provisions of article 535 of the Civil Code

shall not be applicable to eviction orders issued in accordance with

subarticle (1)

Provided further that an eviction order so issued shall not

constitute an arbitrary exercise of pretended rights in terms of

article 85 of the Criminal Code.

(2) When the identity of the evictee is unknown, the order shall

be addressed to the ‘occupant’ and such order is deemed served

once it is fixed on the land.

(3) If the occupier of any such land does not comply with the

order within the period of time so specified, the Commissioner may

instruct any Police officer, to take such steps and to use such force

as appear to him reasonably necessary for securing compliance

with the order and with any directions given under subarticle (1)

and for the removal from such land of any movable effect existing

therein. In giving such instructions the Commissioner may also

provide that the Police officer may be assisted by an officer of the

Government Property Department or by any other person

LAND (COMPULSORY EVICTION)

authorised by the Commissioner to act on behalf of the Government

Property Department for the purposes of this Act.

(4) The Commissioner shall not be required to provide

alternative storage for any such movable effects existing in the land

and will not be held responsible for their safe custody, and the

removal of such movable effects shall be carried out at the

complete risk and expense of the evictee

Provided that before the removal of such movable effects

an inventory of such effects shall be made and such inventory shall

be signed by the Commissioner or his representative and by a

Police officer

Provided further that the evictee shall be liable to refund

any expenses which may have been incurred by the government

directly or in connection with the eviction.

(1) Any person, if requested by the Commissioner so to do,

s h a l l f u r n i s h t o t h e C o m m i s s i o n e r s u c h i n f o r m a t i o n i n hi s

possession relating to any land, being information which may

reasonably be demanded of him in connection with or which the

Commissioner deems necessary for the taking possession of any

land.

(2) Any information required under the last preceding

subarticle is to be given in a statement in writing to be signed by

the person giving the information. In the case of an illiterate or a

person otherwise incapacitated from writing the Commissioner may

require the statement by the person giving the information to be

marked by that person in the presence of two witnesses who shall

sign the statement.

Service of any order, notice or direction on any person for

the purposes of this Act shall be effected by the Executive Police,

or by an officer of the Government Property Department or by a

person authorised by the Commissioner to act on behalf of the

Government Property Department for the purposes of this Act.

In the case of any person absent from Malta any order,

notice or direction shall for the purpose of this Act be validly

served on any known lawful representative of such absent person

or, in the absence of a known lawful representative, on such

person’s spouse, civil union partner or cohabitant or on a near

relation of such person by consanguinity or affinity.

Following the execution of the eviction and once the

evictee has been informed of the expenses incurred, such evictee

shall have a period of fifteen days to fully reimburse the

Commissioner with all expenses incurred and to collect movable

effects seized during the eviction and on failure by the evictee to do

so, the Commissioner shall have the right to sell any such movable

effects by public auction

Provided that, without prejudice to the provisions contained

in article 8, the proceeds of such public auction, after the deduction

of any amount due to the Government in terms of article 3(4) and of

the fees incurred for the auction, shall be paid to the person to

LAND (COMPULSORY EVICTION)

whom the said movable effects belonged.

If any person, having purchased movable effects at a public

auction held under the provisions of the previous article, fails

within fourteen days from the date of the sale of any such movable

effects to him, to take delivery of and remove any such movable

effects, then any such movable effects not removed by the

purchaser shall be forfeited to Government and the evictee or

purchaser shall have no right to claim any compensation or refund

of the price or any part thereof paid for such movable effects as the

case may be.

Any person who without lawful excuse, the proof whereof

shall lie on him, commits a breach of the provisions contained in

article 4 whether by refusing to supply information or by supplying

false information when required under the provisions of this Act to

give information, shall be guilty of an offence under this Act and

shall on conviction be liable to a fine (multa) of not less than

twenty-three euro and twenty-nine cents (23.29) but not exceeding

two hundred and thirty-two euro and ninety-four cents (232.94) or

to imprisonment for a period not exceeding three months or to both

such fine and imprisonment.

Proceedings for an offence under article 9 shall be

instituted by the Police in the Court of Magistrates sitting as a court

of criminal judicature

Provided that if any higher punishment is applicable to the

offence under any other law whenever the circumstances set out in

such other law concur in the offence, the punishment laid down in

that other law shall apply and it shall be tried by the appropriate

court.