ĠIEH IR-REPUBBLIKA ACT

ĠIEH IR-REPUBBLIKA

CHAPTER 251

ĠIEH IR-REPUBBLIKA ACT

To provide for the institution of a society of honour to be known as {ieh

ir-Repubblika, to make provision for the award of medals for courage and

service to the Republic, for the abolition of titles of nobility and the control

of honours and decorations, and to provide for matters ancillary or

incidental to those purposes.

(17th October, 1975) *

ACT XXIX of 1975, as amended by Acts XXXVII of 1976, XIII of 1983 ,

XIV of 1990 , XI of 1991 and XV of 1993 ; Legal Notice 423 of 2007 ;

and Acts VI of 2008 , V and XVII of 2011, XIX of 2013 and XXXVII of

2015 .

The short title of this Act is the Ġieh ir-Repubblika Act.

PART I

ĠIEH IR-REPUBBLIKA

(1) There shall be, and is hereby instituted a society of

honour to be known as Ġieh ir-Repubblika, hereinafter referred to

as Ix-Xirka or Xirka.

(2)

The motto of the Xirka shall be "Għall-ġid tal-Maltin".

(1) The Xirka shall consist of the members and honorary

members whom the President of Malta on the written advice of the

Prime Minister, shall from time to time appoint, in accordance with

and subject to the provisions of this Act.

(2) Only Maltese citizens shall be eligible to be appointed as

members of the Xirka and only persons who are not then Maltese

citizens shall be eligible to be appointed as honorary members of

the Xirka.

(3) Appointments as member or honorary member of the Xirka

shall be made for exceptional merit in the service of Malta or of

humanity.

(4) Notwithstanding the provisions of subarticle (3), any

distinguished citizen of a country other than Malta whom it is

desired to honour may be appointed as an honorary member of the

Xirka.

(1) The President of Malta may appoint as members of the

Xirka not more than three persons every two years.

(2)

Appointments shall have effect on Republic Day.

(3) The foregoing provisions of this article shall not apply to

appointments of honorary members.

(1) A member or honorary member of the Xirka shall be

entitled to -

(a) have the letters S.G. (Sieħeb il-Ġieh) placed after his

name on all occasions when the use of such letters is

customary;

(b) wear as a decoration the insignia of the Xirka

prescribed in the rules made under this Act.

(2) The Head of the Xirka shall be entitled to wear as a

decoration the insignia of the Xirka prescribed in the rules made

under this Act.

ĠIEH IR-REPUBBLIKA

PART II

THE NATIONAL ORDER OF MERIT

(1) There shall be, and is hereby instituted, a national order

of merit to be known as The National Order of Merit, hereinafter

referred to as the Order.

(2)

The motto of the Order shall be "virtute et constantia".

(1) The Order shall consist of members whom the

President, on the written advice of the Prime Minister, shall from

time to time appoint, in accordance with and subject to the

provisions of this Act.

(2) Only Maltese citizens shall be eligible to be appointed as

members of the Order.

(3) Honorary membership of the Order may be conferred on

foreign nationals who have distinguished themselves by their

service in the promotion and fostering of international relations or

who have earned the respect and gratitude of the people of the

Maltese Islands.

(4) References to membership or honorary membership shall

include all the grades of membership listed in article 8.

(1) The Order shall consist of four grades of membership

Companions of Honour, Companions, Officers and ordinary

members.

(2) The number of members in each grade of the Order shall be

as follows

(a) not more than three persons at any one time shall be

Companions of Honour of the Order

Provided that, in determining the number of members

in this grade, no account shall be taken of such

members who hold or have held the Office of President

of Malta or of Prime Minister;

(b) not more than two persons shall be appointed

Companions of the Order in each year;

(c) not more than three persons shall be appointed Officers

of the Order in each year;

(d) not more than ten persons shall be appointed ordinary

members of the Order in each year.

(3)

Appointments shall have effect on Republic Day.

(4) The provisions of sub-articles (2) and (3) shall not apply to

appointments of honorary members.

(5) The President of Malta and the Prime Minister shall by

virtue of their offices be Companions of Honour of the Order. All

former Presidents of Malta and all former Prime Ministers shall be

Companions of Honour of the Order.

(6) The President of Malta may award the honour of Companion

of Honour of the Order even posthumously to a person who shall have

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served as Acting President of Malta for a period of not less than one

year when the office of the President of Malta was vacant.

(1) A member or honorary member of the Order shall be

entitled to wear such insignia of the Order as prescribed for his or

her grade in the rules made under this Act.

(2) Members of the Order shall be entitled to place the

following letters after their names on all occasions where the use of

such letters is customary -

(a)

Companion of Honour: K.U.O.M.;

(b)

Companion: K.O.M.;

(c)

Officer: U.O.M.;

(d)

Member: M.O.M.

PART III

MEDALS OF THE REPUBLIC

(1) A medal to be known as Midalja għall-Qlubija may be

awarded by the President of Malta, on the written advice of the

Prime Minister, to any Maltese citizen for an act of exceptional

bravery.

(2) The Midalja

għall-Qlubija

may

also

be

awarded

posthumously.

(3) Notwithstanding the provisions of subarticle (1), the

Midalja għall-Qlubija may be awarded on an honorary basis to any

citizen of a country other than Malta for an act of exceptional

bravery that merits recognition by Malta.

(1) A medal to be known as Midalja għall-Qadi tar-

Repubblika may be awarded by the President of Malta, on the

written advice of the Prime Minister, to any Maltese citizen for

distinguished service to Malta.

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

Midalja għall-Qadi tar-Repubblika may be awarded on an honorary

basis to any distinguished citizen of a country other than Malta

whom it is desired to honour.

(3) The Midalja għall-Qadi tar-Repubblika may also be

awarded posthumously.

(1) The President of Malta may award the "Midalja għall-

Qadi tar-Repubblika" to not more than ten Maltese citizens in any

year.

(2) For the purposes of sub-article (1), no account shall be taken

of any award made on an honorary basis.

ĠIEH IR-REPUBBLIKA

A person to whom a Midalja għall-Qlubija has been

awarded shall be entitled -

(a) to have the letters M.R.Q. (Midalja tar-Repubblika

għall-Qlubija) placed after his name on all occasions

when the use of such letters is customary; and

(b) to wear the medal as a decoration in accordance with

the rules made under this Act.

A person to whom a Midalja għall-Qadi tar-Repubblika

has been awarded shall be entitled -

(a) to have the letters M.Q.R. (Midalja għall-Qadi tar-

Repubblika) placed after his name on all occasions

when the use of such letters is customary; and

(b) to wear the medal as a decoration in accordance with

the rules made under this Act.

(1) Without prejudice to the provisions of article 14, the

President may, in special circumstances, award the Midalja għall-

Q a d i t a r- R e p u b b l i k a t o a g r o u p o f p e r s o n s o r a v o l u n t a r y

organisation which is duly enrolled with the Commissioner in

terms of the Voluntary Organisations Act.

(2) Where the Midalja g]all-Qadi tar-Repubblika is awarded to

a group or to an organisation, the Committee shall, in terms of

article 18(2), indicate the person belonging to the group or

organisation who shall be entitled to have the letters M.Q.R.

(Midalja għall-Qadi tar-Repubblika) placed after his name on all

occasions when the use of such letters is customary and to wear the

medal as a decoration in accordance with the rules made under this

Act.

(3) In the eventuality that the person, indicated in subarticle (2)

no longer forms part of the organisation, or the group, the President

of Malta may, on the advice of the Prime Minister and following a

recommendation to that effect by the Nominations Committee,

nominate another person that appertains to such organisation or

group who shall be entitled to have the M.Q.R. (Midalja għall-Qadi

tar-Repubblika) placed after his name on all occasions when the

use of such letters is customary and to wear the medal as a

decoration in accordance with the rules made under this Act and in

such eventuality the person that no longer forms part of the

organisation or the group will no longer have the right to have the

letters M.Q.R. (Midalja għall- Qadi tar-Repubblika) placed after

his name on any occasions when the use of such letters is

customary and to wear the medal as a decoration in accordance

with the rules made under this Act. In such an eventuality the

individual is to return the medal to the Secretary to the Cabinet.

(4) In the eventuality that the organisation, or the group

mentioned in subarticle (2) disbands, the President of Malta, on the

advice of the Prime Minister and following a recommendation to

that effect by the Nominations Committee, may withdraw the

Midalja għall-Qadi tar-Repubblika. In such eventuality, the

individual shall return the medal to the Secretary to the Cabinet.

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(5) Where the Midalja għall-Qadi tar-Repubblika is revoked in

terms of subarticle (4), the provisions of article 23(2) shall apply.

(1) The President, acting on the advice of the Prime

Minister, may cause the striking of medals to mark an event, or the

anniversary of an event, of national importance.

(2) National Commemorative Medals shall be awarded by the

President, acting on the advice of the Prime Minister, to persons

who are worthy of the honour.

(3) No more than four national events shall be commemorated by

the striking of medals in any period of ten years, and such medals shall

only be struck to mark the national event itself, and its anniversaries of

importance.

(1) A Medal, to be known as the Distinguished Service

Medal, and a Medal to be known as the Long and Efficient Service

Medal, hereinafter in this article called the medals, shall be

awarded to qualifying members of disciplined forces by the

Ministers responsible therefor. After the award of the medal, clasps

may be given for additional qualifying service.

(2) Qualifying service for the medal and for clasps shall be that

laid down in the rules made under this Act.

(3) All members and former members of disciplined forces who

have served, on an aggregate basis, for the period stipulated in the

rules made under this Act, and have rendered efficient service

throughout, shall be eligible to be awarded the medal and clasp.

(4)

For the purpose of this article disciplined forces mean -

(a)

the Armed Forces of Malta;

(b)

the Malta Police Force;

(c)

the Malta Correctional Services; and

(d)

the Assistance and Rescue Force within the Civil

Protection Department.

(5) In exceptional circumstances the Distinguished Service Medal

may be awarded to members of foreign military or police forces.

A person to whom a National Commemorative Medal,

Distinguished Service Medal, or a Long and Efficient Service

Medal has been awarded, shall be entitled to wear the medal in

accordance with the rules made under this Act.

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PART IV

PROVISIONS APPLICABLE TO PARTS I, II AND III

(1) There shall be a Nominations Committee, hereinafter

referred to as the Committee, appointed by the Prime Minister, for

such term and under such conditions as the Prime Minister may

determine, to propose candidates for membership of the Xirka, the

Order and for the award of medals; the Secretary to the Cabinet

shall be the Chairman of this Committee. One member of this

Committee shall be appointed after consultation with the Leader of

the Opposition.

(2) In proposing candidates to the Prime Minister, the

Committee shall ensure that a nomination meets the criteria for

admission to the membership of the Xirka or the Order, or for the

award of a medal as the case may be, and, for this purpose, the

Committee shall have power to regulate its own procedure.

(1) The President of Malta shall be the Head of the Xirka

and of the Order.

(2) The Secretary to the Cabinet shall be the Chancellor of the

Xirka and of the Order.

(3) The President of Malta may, on the advice of the Prime

Minister, appoint such other officials of the Xirka and of the Order

as may be considered necessary.

(4) A person shall not be considered a member of the Xirka or

of the Order by reason only of his being an official of the Xirka or

of the Order.

Appointments as member or honorary member of the Xirka

or of the Order shall be made by an official instrument signed by

the Head of the Xirka or the Order, under the authority of the Prime

Minister, and sealed with the Seal of the Xirka or of the Order, as

the case may be.

The Chancellor of the Xirka and of the Order shall keep

registers showing the names of the members and honorary members

of the Xirka and of the Order, and such other records relating to

membership of the Order as may be prescribed in rules made under

this Act, and shall perform such other functions in respect thereof

as the Head of the Xirka or of the Order may require him to perform

or as may be prescribed by the Act or any rules made thereunder.

The appointment and promotion of members and honorary

members of the Xirka and of the Order and the award of medals

under the provisions of this Act shall be notified in the Gazette.

(1) A person shall cease to be a member of the Xirka or of

the Order, or to be the holder of a medal awarded under this Act

upon

(a) his or her death;

(b) his or her resignation from the Xirka or the Order,

except in the case of those persons who are members

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in virtue of an office they hold or have held, or by the

return of the medal. The cessation shall take effect

from the date on which the resignation from the Xirka

or the Order is received by the Chancellor of the Xirka

or the Order, or the medal is returned to the Secretary

to the Cabinet;

(c) if such person has been guilty of such conduct as

makes him unworthy of continuing to be a member of

the Order or of the Xirka or the holder of a medal, and

the appointment is terminated or the award of the

medal is revoked by the President of Malta acting on a

resolution of the House of Representatives in

accordance with such procedures as may be prescribed

by rules made under this Act.

(2) A person shall cease to be an honorary member of the Xirka

or of the Order, or to be the holder on an honorary basis of a medal

awarded under this Act upon

(a) his or her death;

(b) his or her notifying the Government of Malta that he or

she no longer wishes to continue to be an honorary

member of the Xirka or the Order, or by the return of

the medal. The cessation shall take effect from the date

on which the notification is received by the Chancellor

of the Xirka or the Order, or the medal is returned to

the Secretary to the Cabinet;

(c) if the President of Malta, on the advice of the Prime

Minister given after he has consulted the Leader of the

Opposition, terminates the honorary appointment to

the Xirka or to the Order or withdraws the award of a

medal on the grounds that the conduct of the person

has, according to the opinion given in the said advice,

made him unworthy of continuing to be a member of

the Xirka or the Order or the holder of a medal or that

it is no longer proper to keep the honorary

appointment to the Xirka or to the Order or the award

of the medal in force.

(3) Termination of membership in terms of subarticle (1)(b)

and (c) or of subarticle (2)(b) and (c)shall be notified in the

(1) Where a person ceases, other than by death, to be a

member of the Xirka or the Order, or to be the holder of a medal, he

shall forthwith return to the Chancellor of the Xirka or the Order

the insignia of the Xirka or the Order that was awarded to him or

her; the medal shall be returned to the Secretary to the Cabinet.

(2) Upon promotion to a higher grade, a member of the Order

shall return to the Registrar the insignia of the grade to which he

belonged before promotion.

(3) The holder of a medal shall not be required to return the

medal on his admission to membership of the Xirka or the Order.

ĠIEH IR-REPUBBLIKA

(1) No appointment to the Xirka or to the Order and no

termination of any such appointment shall be valid unless sealed

with the Seal of the Xirka or the Order as the case may be.

(2) The Seals of the Xirka and of the Order shall be kept in the

custody of the President of Malta.

The President of Malta may from time to time, on the

advice of the Prime Minister, make rules -

(a) prescribing anything which under the foregoing

provisions of this Act may be or is required to be

prescribed;

(b) respecting the design, form and content of the insignia

and medals and the protocol of wearing such insignia

and medals;

(c) respecting the formalities of investiture and award;

(d) making any other ancillary provision which may be

required or deemed expedient in order to give better

effect to any of the provisions of this Act;

(e) prescribing the insignia of office that may be worn by

officers of a local government authority, members of

any Organ of the State, or by officers of the

Government of Malta whether in local or foreign

service or whether belonging to a disciplined force or

otherwise.

Any person who makes use of the insignia of the Xirka or

of the Order or of a medal established in or under this Act, without

being entitled thereto in accordance with the foregoing provisions

of this Act, or who places or causes to be placed after his name any

letters indicating or purporting to indicate membership of the Xirka

or of the Order or the holding of a medal under this Act, without

being entitled thereto in accordance with the foregoing provisions

of this Act, shall be guilty of an offence and shall on conviction be

liable to a fine (multa) of not less than two hundred and thirty-two

euro and ninety-four cents (232.94) and not exceeding one

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

(1,164.69).

PART V

TITLES OF NOBILITY AND FOREIGN HONOURS AND

DECORATIONS

(1) Titles of nobility are not recognised and any privilege

or other right ancillary to any such title shall cease to have effect.

(2) Nothing in subarticle (1) shall prejudicially affect any

proprietary right which may be competent to or may devolve on

any person as the person who, but for the provisions of that

subarticle, would have been the holder of a title of nobility.

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(3) Any condition in the deed or instrument of foundation, or in

any other document, requiring the use of a title of nobility or of any

name or other description for the enjoyment of any proprietary

right shall be without any effect whatsoever.

(1) No honour, award or decoration, other than a

university degree honoris causa, a prize, or an award for bravery,

and no membership of, or office in, any order, shall be recognized

unless it is conferred under this Act or any other law for the time

being in force or it has been or is conferred by a foreign State or a

Sovereign Order having diplomatic relations with Malta or any

international organisation of which Malta is a member and, in

respect of any honour, award, decoration, membership or office

conferred to any person in Malta or to any citizen of Malta by any

such State, Sovereign Order or any international organisation after

the commencement of this Act, unless it is conferred with the

written authority of the President of Malta given on the written

advice of the Prime Minister.

(2) A request for an authorization under subarticle (1) shall be

made in accordance with such procedure as may be prescribed by

the rules made under this Act.

(3) Every authorization given under this article shall be

notified in the Gazette.

(4) It shall be the duty of every public officer or authority, and

of every body established or recognised by law and of every

member thereof, to refrain from recognising in any way, and from

doing anything which could imply recognition of, any title of

nobility or any honour, award, decoration, membership or office

which is not recognised in accordance with the foregoing

provisions of this article.