HOUSING (EXTENSION) ACT

HOUSING (EXTENSION)

CHAPTER 360

HOUSING (EXTENSION) ACT

To extend the Housing Act, Cap. 125.

13th February, 1992

ACT XIV of 1992 as amended by Acts XXIII of 1992 and III of 1995 ,

and Legal Notice 425 of 2007 .

The short title of this Act is the Housing (Extension) Act.

(Artikolu 2)

ATT DWAR ID-DJAR

Biex jipprovdi biex jiżgura li jsibu fejn igħammru lin-nies mingħajr dar,

biex jiżgura tqassim xieraq ta’ postijiet fejn wieħed jista’ jgħammar u biex

jistgħu jsiru rekwiżizzjonijiet ta’ bini.

1. Dan l-Att jista’ jissejjaħ l-Att dwar id-Djar.

2. F’dan l-Att, kemm-il darba r-rabta tal-kliem ma teħtieġx

xort’oħra -

"bini" tfisser dar jew bini ieħor, jew ishma minnhom, li jintużaw

jew jistgħu jintużaw għal għanijiet residenzjali, u jinkludi kull art

jew ġnien li jagħmlu sehem sħiħ, jew li huma magħluqin f’dik id-

dar jew f’dak il-bini ieħor; iżda ma tinkludix fond li jista’ jitfisser

bħala ħanut skont l-artikolu 2 tal-Ordinanza li tirregola t-Tiġdid tal-

Kiri ta’ Bini;

"Direttur għall-Akkomodazzjoni Soċjali" jew "Direttur" tfisser l-

uffiċjal pubbliku maħtur mill-Prim Ministru sabiex ikun Direttur

għall-Akkomodazzjoni Soċjali għall-finijiet ta’ dan l-Att;

"Ministru" tfisser il-Ministru responsabbli għad-djar

Iżda l-Ministru jista’ b’kitba ffirmata minnu jiddelega s-setgħa u

d-dmirijiet tiegħu taħt dan l-Att jew x’uħud minnhom lil xi uffiċjal

tal-Ministeru tiegħu u fil-limiti ta’ din id-delega, jekk issir, kull

riferenza għall-Ministru f’dan l-Att tkun tgħodd għal dak l-uffiċjal;

"rekwiżizzjoni" tfisser it-teħid ta’ pussess ta’ bini jew il-ħtieġa li

l-bini jitħalla f’idejn l-awtorità li toħroġ ir-rekwiżizzjonijiet;

"rekwiżizzjonat" tfisser il-persuna jew persuni li mill-pussess

tagħha jew tagħhom ikun meħud bini b’rekwiżizzjoni maħruġa

mill-awtorità li toħroġ ir-rekwiżizzjonijiet.

3. (1) Jekk id-Direttur għall-Akkomodazzjoni Soċjali jidhirlu

li hu meħtieġ jew xieraq li jagħmel hekk fl-interess pubbliku, iżda

biss bil-għan biex jipprovdi lin-nies lok fejn wieħed jista’

jgħammar jew biex jiżgura t-tqassim xieraq ta’ dawk il-postijiet

fejn wieħed jista’ jgħammar, huwa jista’ joħroġ rekwiżizzjoni għal

kull bini, u jista’ jagħti struzzjonijiet li jidhirlu li huma meħtieġa

jew xierqa sabiex ir-rekwiżizzjoni tista’ jkollha effett u tkun tista’

sseħħ.

(2) Ordni ta’ rekwiżizzjoni li jsir skont is-subartikolu (1)

għandu jiġi notifikat lil min ikollu jedd għall-okkupazzjoni

immedjata tal-bini rekwiżizzjonat, jew l-aġent jew rappreżentant

tiegħu, u meta l-bini jkun qiegħed jinkera lil inkwilin, jew qiegħed

għandu b’titolu ta’ enfitewsi li jiskadi mhux iktar tard minn ħames

snin minn meta jinħareġ l-ordni, dan l-ordni għandu jiġi wkoll

notifikat lis-sid jew lill-padrun dirett, skont il-każ, jew lill-aġent

jew rappreżentant tagħhom

Iżda meta t-titolu għal bini kif imsemmi qabel, jew għal

ATT DWAR ID-DJAR

min għandu jedd jokkupah, ikun jappartjeni lil iktar minn persuna

waħda, in-notifika tal-ordni ta’ rekwiżizzjoni li ssir lil persuna

waħda minn dawk kollha għandu jkollha seħħ għar-rigward tat-

titolu miżmum in komun mal-oħrajn, daqslikieku l-ordni kienet ġiet

ukoll notifikata lil dawk il-persuni l-oħrajn kollha.

(3) Meta, sakemm tkun twettqet diliġenza xierqa, min ikollu

jiġi notifikat b’ordni ta’ rekwiżizzjoni, jew l-aġent jew ir-

rappreżentant tiegħu, ma jkunx jista’ jinstab, jew jekk jinstab

jirrifjuta li jaċċetta l-ordni, l-ordni ta’ rekwiżizzjoni għandha

titqies li tkun ġiet notifikata sew lil dik il-persuna u lil dawk il-

persuni l-oħrajn li kienu jitqiesu li ġew notifikati bl-ordni li kieku

din ġiet notifikata lil dik il-persuna, jekk jingħata avviż tal-ordni

fil-Gazzetta tal-Gvern u f’mhux anqas minn tliet ġurnali oħrajn ta’

kuljum ippubblikati f’Malta.

(4) Ordni ta’ rekwiżizzjoni li jsir u jiġi notifikat skont id-

disposizzjonijiet ta’ dan l-artikolu għandu jopera u jkollu effett

sħiħ kontra kulħadd u jibqa’ hekk operattiv u effettiv sakemm il-

bini jiġi derekwiżizzjonat.

(5) Kull uffiċjal tal-Pulizija mhux taħt ir-rank ta’ surġent jista’,

fuq istruzzjonijiet tad-Direttur, jieħu dawk il-passi u jinqeda b’dik

il-forza li jidhirlu meħtieġa skont ma jixraq biex jiżgura li qegħdin

jitwettqu l-ordnijiet mogħtija lil persuna skont id-disposizzjonijiet

ta’ dan l-artikolu jew tal-artikolu 9 li bis-saħħa tagħhom ikun

intalab li jċedi l-pussess ta’ bini

Iżda d-Direttur m’għandux jagħti dawn l-istruzzjonijiet kif

imsemmija qabel ħlief f ’każijiet li għandhom x’jaqsmu ma’

rikostruzzjoni jew pjanifikazzjoni mill-ġdid, jew evakwazzjoni

f ’għadd kbir, jew f ’każ ta’ okkupazzjoni mhix awtorizzata, jew

f’każijiet oħra li d-Direttur ikun jidhirlu li huma urġenti, u sakemm

dawn ikunu ġustifikati b’mod raġonevoli f’soċjetà demokratika.

(6) Meta bini li jkun ġie rekwiżizzjonat taħt dan l-artikolu

jitbattal u jkun jappartjeni b’titolu assolut jew b’enfitewsi lil min

jagħti prova għas-sodisfazzjon tad-Direttur li għandu ħsieb li jieħu

pussess tal-bini sabiex hemm jistabbilixxi r-residenza ordinarja

tiegħu jew dik ta’ xi ħadd mit-tfal tiegħu, id-Direttur għandu

jalloka l-bini lil dik il-persuna, jew lil xi ħadd mit-tfal tiegħu kif

imsemmi qabel, skont il-ħtieġa tal-każ; u jekk dik ir-residenza

ordinarja tiġi fil-fatt hekk stabbilita fi żmien sitt xhur minn meta

ssir l-allokazzjoni, jew minn dak iż-żmien aktar tard li d-Direttur

jista’ għal raġuni valida jippermetti, u tkompli għal perijodu ta’

mhux anqas minn sentejn, id-Direttur għandu, jekk hekk jintalab

jagħmel, jidderikwiżizzjona l-bini.

(7) Meta jkun ingħata ordni ta’ rekwiżizzjoni, u r-

rekwiżizzjonat jipprova b’sodisfazzjon tad-Direttur illi huwa ma

jistax isib trasport għall-ġarr tal-għamara jew ħwejjeġ oħra li

jinsabu fil-bini rekwiżizzjonat, jew lok ieħor fejn jaħżinhom, ikun

dmir tad-Direttur li jipprovdi dak il-mezz tal-ġarr u lok għall-ħażna

tal-għamara jew ħwejjeġ oħra alternattiv kif ikun meħtieġ,

mingħajr ħsara għad-disposizzjonijiet tas-subartikolu (9).

(8) Meta xi ordni ta’ rekwiżizzjoni ma jiġix obdut jew meta

wara t-twettiq ta’ kull diliġenza xierqa, ħadd ma jinstab li għandu l-

ATT DWAR ID-DJAR

jedd dirett li jgħammar fil-bini rekwiżizzjonat jew il-prokuratur

tiegħu jew min jidher għalih, id-Direttur jista’ jagħti dawk l-

ordnijiet li jidhirlu xieraq għall-ġarr u ħażna tal-għamara jew

ħwejjeġ li jistabu fil-bini

Iżda qabel ma jsir dan il-ġarr għandu jsir inventarju tal-

għamara jew ħwejjeġ imsemmija qabel li għandu jkun iffirmat mid-

Direttur jew rappreżentant tiegħu quddiem uffiċjal tal-Pulizija

mhux taħt ir-rank ta’ surġent, li għandu jżid ukoll il-firma tiegħu

f’dak l-inventarju.

(9) F’kull każ meta l-ġarr jew lok għall-ħażna tal-għamara jew

ħwejjeġ huwa pprovdut mid-Direttur skont dan l-artikolu, din l-

għamara jew ħwejjeġ għandhom, matul il-ġarr u ħażna jibqgħu

b’sogru ta’ sidhom waħdu u għal dak li hu ħażna l-ispejjeż tiegħu

wkoll; u ebda ħlas ma jkun mistħoqq dwar xi nuqqas fihom jew

ħsara li tiġrilhom jekk jiġi ppruvat illi dak in-nuqqas jew dik il-

ħsara ma kenitx għal minħabba traskuraġni tad-Direttur jew nies li

kienu jaqduh.

(10) Filwaqt li bini jkun f’idejn id-Direttur bis-saħħa ta’ dan l-

Att, il-bini jista’ jintuża biss għall-finijiet imsemmija fis-

subartikolu (1), iżda ħlief kif imsemmi qabel, id-Direttur, sa fejn

jidhirlu li jkun meħtieġ jew xieraq dwar it-teħid ta’ pussess jew użu

tal-bini bis-saħħa ta’ dan l-Att, jista’ jagħmel, jew jawtorizza lill-

persuni li jużaw il-bini biex jagħmlu, dwar il-bini, kull ħaġa illi

kull persuna li għandha nteress bla tirżin fil-bini kien ikollha l-jedd

li tagħmel bis-saħħa ta’ dak l-interess.

(1) With effect from the date when, in accordance with

article 21 thereof its operativeness would have expired, the

Housing Act, hereinafter referred to as "the principal Act"

reproduced in the schedule to this Act is being hereby re-enacted

subject to the amendments as incorporated in the said principal Act

as reproduced in the said schedule.

(2) The principal Act as reproduced in the schedule to this Act

and as may from time to time be amended, shall be operative for a

period of 3 years commencing on the 13th day of February 1992

and may be continued in force in the manner prescribed in the

proviso to article 21 thereof.

The provisions of article 10 of the Housing (Amendment)

Act, 1989 shall, notwithstanding any of the provisions of this Act,

continue to apply in relation to any building therein referred to.

1989. SCHEDULE

(Article 2)

HOUSING ACT

To make provision for securing living accommodation to the

homeless, for ensuring a fair distribution of living accommodation

and for the requisitioning of buildings.

1. The short title of this Act is the Housing Act.

2. In this Act, unless the context otherwise requires -

"building" means a house or other building, or part thereof, used

or capable of use for residential purposes, and includes any land or

garden forming an integral part, or enclosed within the precincts, of

such a house or other building; but does not include a tenement

falling within the definition of shop under article 2 of the Reletting

of Urban Property (Regulation) Ordinance;

"Director of Social Housing" or "Director" means the public

officer appointed by the Prime Minister to be the Director of Social

Housing for the purposes of this Act;

HOUSING (EXTENSION)

"Minister" means the Minister responsible for housing

Provided that the Minister may, by writing under his hand,

delegate all or any of his powers and duties under this Act to any

officer of his Ministry, and, to the extent of such delegation, if

made, any reference to the Minister in this Act shall include a

reference to such officer;

"requisition" means take possession of a building or require the

building to be placed at the disposal of the requisitioning authority;

"requisitionee" means the person or persons from whose

possession a building has been requisitioned by the requisitioning

authority.

3. (1) If it appears to the Director of Social Housing to be

necessary or expedient so to do in the public interest, but only for

the purpose of providing living accommodation to persons or of

ensuring a fair distribution of such living accommodation, he may

requisition any building, and may give such directions as appear to

him to be necessary or expedient in order that the requisition may

be put into effect and complied with.

(2) A requisition order made under subarticle (1) shall be

served on the person entitled to the immediate occupation of the

building requisitioned, or his agent or representative, and where the

building, is held by the occupant on lease, or on a temporary

emphyteusis expiring not later than five years from the date of the

order, it shall also be served on the landlord or the direct owner, as

the case may be, or their agent or representative

Provided that where a title to any building as aforesaid, or

to its occupancy, belongs to more than one person, service of the

requisition order on any one of such persons shall, in respect of the

title held in common with others, have effect as if it had been

served also on all such other persons.

(3) Where, after the exercise of due diligence, any person on

whom a requisition order is to be served, or his agent or

representative, cannot be found, or if found refuses to accept the

order, the requisition order shall be deemed to have been validly

served on such person, and on such other persons as would have

been deemed to be served with the order had it been served on such

persons, if notice of the order is given in the Government Gazette

and in not less than three daily newspapers published in Malta.

(4) A requisition order made and served in accordance with the

provisions of this article shall operate and have full effect against

all persons and shall remain so operative and effective until the

building is derequisitioned.

(5) Any police officer not below the rank of sergeant may, on

instructions from the director, take such steps and use such force as

appear to him to be reasonably necessary for securing compliance

with directions given to any person under the provisions of this

article or of article 9 requiring him to give up possession of the

building

HOUSING (EXTENSION)

Provided that the Director shall not give such instructions

as aforesaid except in cases connected with reconstruction or with

replanning, or with mass evacuation, or in the case of unauthorized

occupation, or in other cases which the Director deems urgent, and

except so far as they are reasonably justifiable in a democratic

society.

(6) Where a building requisitioned under this article is vacated

and belongs in absolute ownership or on emphyteusis to a person

who proves to the satisfaction of the Director that he intends to take

possession of the building to establish therein his ordinary

residence or that of any of his children, the Director shall allocate

the building to such person, or any of his children aforesaid, as the

case may require; and if such ordinary residence is in fact so

established within six months from the date of the allocation, or

such later date as the Director may for a good reason allow, and

continues for a period of not less than two years, the Director shall,

if he is so requested, derequisition the building.

(7) Where a requisition order has been made, and the

requisitionee shows to the satisfaction of the Director that he is

unable to procure transport for the removal of, or alternative

storage place for, the furniture or other articles existing in the

building requisitioned, it shall be the duty of the Director to

provide such means of transport and alternative storage place as

may be required, without prejudice to the provisions contained in

subarticle (9).

(8) Where any requisition order is not complied with, or where,

after the exercise of due diligence, no person having the right of

immediate occupation of the building requisitioned, or his agent or

representative, can be found, the Director may give such orders as

he may think fit for the removal and storage of the furniture or

articles existing in the building

Provided that before such removal an inventory of the

furniture or articles aforesaid shall be made and signed by the

Director or his representative in the presence of a police officer not

below the rank of sergeant, who shall also affix his signature to the

inventory.

(9) In every case where the transport or storage of furniture or

articles is provided by the Director under this article, such furniture

or articles shall, during transport and storage, remain at the sole

risk of the owner thereof and, in respect of storage, likewise at his

charge; and no compensation shall be payable in respect of any

deficiency therein or damage thereto if it is proved that such

deficiency or damage was not caused by negligence on the part of

the Director or persons acting on his instructions.

(10) While a building is in the possession of the Director by

virtue of this Act, the building may be used only for the purposes

set out in subarticle (1), but, save as aforesaid, the Director, so far

as it appears to him to be necessary or expedient in connection with

the taking of possession or use of the building in pursuance of this

Act, may do, or authorise persons using the building to do, in

relation to the building, anything which any person having an

HOUSING (EXTENSION)

unrestricted interest in the building would be entitled to do by

virtue of that interest.

(1) Any person, if requested by or on behalf of the Director

so to do, shall furnish to the Director, or to such person as may be

specified in the request, such information in his possession relating

to any building, being information which may reasonably be

demanded of him in connection with, or which the Director deems

necessary for, the taking of possession of any building or with the

accommodation of persons therein, as may be specified.

(2) The Director or any other person deputed in writing by the

Director for the purpose may require any information required

under the last preceding subarticle to be given in writing and the

statement to be signed by the person giving the information. In the

case of an illiterate person, the Director or, as the case may be, any

other person aforesaid 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.

(3) Whosoever knowingly gives an information under the

foregoing provisions of this article which is false or incorrect in

any material particular shall be guilty of an offence under this Act

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

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

not exceeding one thousand and one hundred and sixty-four euro

and sixty-nine cents (1,164.69) or to imprisonment for a period of

not less than fifteen days and not exceeding three months, or to

both such fine and imprisonment.

(1) Subject to the provisions of the next following

subarticle, the Director shall have the same rights and obligations

in respect of repairs and maintenance of a requisitioned building as

a tenant under the relevant provisions of the Civil Code.

(2) When a building which has been in the possession of the

Director under the provisions of this Act is vacated, the Director

(unless the requisitionee prefers to retain same paying

compensation as laid down in article 1564 of the Civil Code), may

remove all fixtures or other improvements of whatsoever nature

made therein during the requisition period, making compensation

to the requisitionee for the damage which may have been caused by

the placing or by the removal of those fixtures or other

improvements.

The possession of any building which has been taken by

the Minister or by another competent authority under or in virtue of

the Malta Defence Regulations, 1939 * , or under or in virtue of the

Protection Office Regulations, 1942 † , published by Government

Notice No. 435 dated the 20th August, 1942, shall, where the

building on the date of enactment of this Act is still in the

possession of the Minister, be deemed to have been taken under the

provisions of this Act.

*No longer in force.

†Repealed by Government Notice No. 323 of 25th May, 1949.

HOUSING (EXTENSION)

Any building which was in the possession or at the disposal

of or held by the Minister by virtue of a requisition made in

accordance with the provisions of this Act, and in respect of which

a tenancy or subtenancy was not created by virtue of article 8, shall

be deemed to have been requisitioned by the Director and to be in

his possession or at his disposal or held by him, as the case may be.

(1) Where any persons have been accommodated in a

building which is held by virtue of a requisition, the Director may

at any time, by means of a judicial letter, require the requisitionee

to recognize the persons so accommodated as tenants or as sub-

tenants of the building as the case may be.

(2) Within thirty days of service on him of a judicial letter

under the last preceding subarticle, the requisitionee, by application

before the First Hall of the Civil Court in contestation of the

Director, may pray for an authorisation of non-compliance with

that request

Provided that, in the case where the building has been

requisitioned from the tenant, the latter, by a judicial letter to be

filed within fifteen days from service on him of the judicial letter

provided for in the last preceding subarticle, may inform the

Director that he does not wish to retain the tenancy, and thereupon

the Director shall be entitled to take action under the last preceding

subarticle against the landlord.

(3) The court shall not grant the authorisation of non-

compliance mentioned in the last preceding subarticle unless the

applicant shows to the satisfaction of the court that serious hardship

would be caused to him by complying with the request

Provided that the assertion that the requisitionee wishes to

take possession of the building for his own use or for the use of any

member of his family shall not be considered of itself as a hardship

for the purposes of this subarticle.

(4) Any subtenancy created by virtue of this article shall not be

deemed to be a subtenancy for the purposes of article 9 of the

Reletting of Urban Property (Regulation) Ordinance.

(5) No right of preference under the Civil Code or under the

Rent Restriction (Dwelling Houses) Ordinance, shall be competent

in respect of any tenancy or subtenancy created by virtue of this

article.

(6) Where a tenancy or a subtenancy is created by virtue of this

article, then, unless an agreement to the contrary is lawfully

reached, a contract of lease or sublease of the building under the

usual conditions laid down by the Rent Regulation Board

established under the Reletting of Urban Property (Regulation)

Ordinance and for a period of three months, to be reckoned from

the date of definite recognition, shall be deemed to have been

entered into between the requisitionee of the building and the

person accommodated therein, and rent, equal to the periodical

amount paid or payable by the Director as compensation for the

occupation of the building, shall be payable quarterly in advance in

respect thereof.

HOUSING (EXTENSION)

Where a person has been accommodated in a building

requisitioned under this Act, the Director may, even though such

person pays compensation in respect of such accommodation, order

him to quit such building and to surrender the same to the Director

within such time as the Director may determine, if he is of opinion

that such person is not making use of the building for residential

purposes, or is the owner of or has or who is otherwise provided

with another building which he can use as his and his family's

residence, or if it is reasonably required so to act in the interests of

defence, public safety, public order or public health.

The Director or any other person deputed in writing by the

Director for the purpose may enter any building at all reasonable

times with a view to obtaining information to enable him to carry

out any of his powers under this Act.

(1) Subject as hereinafter provided, the compensation

payable in respect of the requisition of a building shall be the

aggregate of the following sums, that is to say -

(a) a sum equal to the rent which might reasonably be

expected to be payable by a tenant in occupation of the

building during the period for which possession of the

building is retained by virtue of the provisions of this

Act, under a letting granted immediately before the

beginning of that period

Provided that where the building is used by the

Director or by a person accommodated therein after a

requisition, as a dwelling house within the meaning of

the Rent Restriction (Dwelling Houses) Ordinance the

rent shall not exceed the fair rent as defined in article 2

of the aforesaid Ordinance;

(b) a sum equal to the cost of making good any damage to

the building which may have occurred during the

period in which possession thereof under requisition

was retained (except in so far as the damage has been

made good during that period by the occupant of the

requisitioned premises or by a person acting on behalf

of the Director), no account being taken of damage

which, under the provisions of this Act, is the

responsibility of the requisitionee;

(c) a sum equal to the amount of expenses reasonably

incurred, otherwise than on behalf of the Director, for

the purpose of compliance with any directions given

by or on behalf of the Director in connection with the

taking possession of the building, but without

prejudice to the provisions of article 3(5).

(2) Any compensation under subarticle (1)(a) shall be deemed

to accrue due from day to day during the period in which

possession of the building is held in the exercise of the powers

vested in the Director by this Act, shall be apportionable in respect

of time accordingly; and shall be paid to the person who for the

time being would be entitled to occupy the building but for the fact

that it is requisitioned; but the provisions of this subarticle shall not

HOUSING (EXTENSION)

operate so as to require the making of payments by the Director at

intervals of less than three months.

(3) Any compensation under subarticle (1)(b) shall accrue due

at the end of the period in which possession of the building is

retained in the exercise of the powers vested in the Director by this

Act, and shall be paid to the person who is then the beneficial

owner of the building.

(4) Any compensation under subarticle (1)(c) shall accrue due

at the time when expenses in respect of which compensation is

payable are incurred, and shall be paid to the person by whom or on

whose behalf those expenses were incurred.

(1) Compensation under article 11(1)(a) shall, in all cases,

be assessed by the Rent Regulation Board established under the

Reletting of Urban Property (Regulation) Ordinance which for that

purpose shall have exclusive jurisdiction subject to appeal in cases

allowed by that Ordinance

Provided that, in respect of dwelling houses within the

meaning of the Rent Restriction (Dwelling Houses) Ordinance,

possession of which has been taken by the requisitioning authority

before the 22nd February 1946 and, at the time of the hereunder

mentioned application, is still retained by that authority, the

requisitioning authority or the requisitionee may at any time apply

to the said Board for the assessment of the fair rent as defined in

article 2 of the last mentioned Ordinance, and such fair rent shall be

the compensation payable under article 11(1)(a) in respect of that

possession as from the date of service of the application on the

requisitionee or his representative or, as the case may be, on the

requisitioning authority.

(2) Compensation under article 11(1)(b) and (c) shall, in case

of disagreement, be assessed by the First Hall of the Civil Court.

Any compensation which, prior to the coming into

operation of this Act, has been lawfully assessed shall be deemed to

have been so assessed under and for the purposes of this Act,

without prejudice however to the provisions contained in article

12(1).

The Minister may make and when made amend, repeal or

repeal and re-enact regulations for the purpose of carrying the

provisions of this Act into effect and in particular, but without

prejudice to the generality of that power, for all or any of the

following purposes

(a) for requiring any returns to be made in respect of

buildings, or any class thereof, their occupation and

use;

(b) for maintaining an equitable distribution of housing

accommodation;

(c) for determining within the upper limits set out in

article 17 special penalties applicable in respect of any

breach of any regulation so made;

HOUSING (EXTENSION)

(d) for fixing storage fees and for providing for the

retrieval or disposition of furniture or articles,

including the sale thereof, removed from a building

requisitioned under this Act.

Nothing in this Act contained shall confer any right upon

any person to demand the exercise in his favour or in favour of any

other person of any requisitioning or other power vested in the

Minister.

Without prejudice to any special provision contained in

this Act, a requisition order or a notice to be served on any person

for the purposes of this Act or of any regulations made thereunder

may be served by sending it by registered letter post addressed to

that person at his last or usual place of abode or place of business,

and shall be presumed, saving any proof to the contrary, to have

reached the addressee in the normal course of the postal service.

(1) Any person who, without lawful excuse, the proof

whereof shall lie on him, commits any breach of any order or

regulation given or made under this Act, whether by doing anything

which he ought not to do or by omitting anything which he ought to

do, or by preventing other persons from doing anything which they

are enjoined or permitted to do or by undoing or frustrating

anything which other persons may have done under the provisions

of this Act or of any order or regulation thereunder, or by hindering

or obstructing the Director or any other person acting on his behalf

or under his authority, shall be guilty of an offence under this Act

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) but

not exceeding one thousand and one hundred and sixty-four euro

and sixty-nine cents (1,164.69) or to imprisonment for a period of

from fifteen days to three months or to both such fine and such

imprisonment

Provided that any person who commits an offence against

the provisions contained in article 4(1) and (2) shall, on conviction,

be liable to a fine (multa) of not less than eleven euro and sixty-

five cents (11.65) and not more than two hundred and thirty-two

euro and ninety-four cents (232.94) or to imprisonment for a period

of fifteen days to three months or to both such fine and

imprisonment.

(2) In the case of any such breach, the court, besides awarding

punishment or applying the provisions of articles 7 and 22 of the

Probation Act shall order the offender, where the occasion so

requires, to comply with the law within a time, sufficient for the

purpose, to be fixed by the court; and, if the offender fails to

comply with any such order within the time so fixed, he shall be

liable to a fine (ammenda) of from one euro and sixteen cents

(1.16) to twenty-three euro and twenty-nine cents (23.29) for every

day the default continues after the expiration of the said time.

(3) The court may also order that physical compliance with the

requirements of law be carried out by the Police at the expense of

the offender, in which case the offender may be made to refund the

expense, under the warrant issued by the court.

HOUSING (EXTENSION)

(4) The powers given to the court under subarticles (2) and (3)

shall be deemed to be without prejudice to the powers of the

Director under article 3 or to any other power given or which may

be given to him or to any other person by any regulation.

(1) Any offence under this Act or under any order or

regulation made thereunder shall, for the purpose of the Criminal

Code, fall into the class of contraventions, even where the

punishment provided in respect of that offence is higher than those

laid down in the said Code in respect of contraventions

Provided that criminal action arising out of any provision of

this Act shall be barred by the lapse of one year unless a longer

period is necessary under any other law in respect of any specific

offence.

(2) Every punishment provided for any offence under this Act

shall be deemed to be so provided without prejudice to any higher

punishment applicable to the offence under any other law whenever

the circumstances set out in such other law concur in the offence. In

any such case the punishment laid down in that other law shall

apply.

(3) Any proceedings for any offence under this Act shall be

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

Court of Criminal Judicature.

(4) Notwithstanding the provisions of article 413 of the

Criminal Code, every decision of the Court of Magistrates in

respect of an offence under this Act may, in all cases, be appealed

against by the Attorney General and by the party convicted.

(1) When the alleged offender is, on account of mental

disease or physical disability, unable to appear in court, or is absent

from Malta or has absconded, and the Director certifies on oath that

it is urgently required that the law be enforced, the court shall order

the summons to be served on any known lawful representative of

the alleged offender or any known person having the custody in fact

of the alleged offender or, if the alleged offender has not a known

lawful representative or is not under the custody in fact of any

known person, on his husband or wife or on a near relation by

consanguinity or affinity or on any person, if any, entrusted with

the management of his property.

(2) In any such case the court shall apply the provisions of this

Act; provided that where there is room for the application of any

punishment under article 17(1) and (2) against such offender, the

court shall, for the purpose of determining whether or not the

punishment is to be applied, adjourn the case until he is fit to stand

trial or until his return.

(1) All trials in respect of offences under this Act shall be

deemed to be urgent and not to admit of any delay for the purposes

of articles 361 and 364 of the Criminal Code.

(2) In respect of an appeal from a decision concerning an

offence under this Act, the application referred to in article 417 of

HOUSING (EXTENSION)

the Criminal Code shall be filed within two working days and, in

the case of an appeal from a decision of the Court of Magistrates

(Gozo), within five working days. Such periods shall run as

provided in that article.

* Notwithstanding anything contained in this or any other

law, a right to appeal to the Court of Appeal whether on a point of

law or of fact shall lie from the decision of any board, tribunal or

court, whereby the amount of any compensation due under this Act

has been assessed, and such appeal shall be entered in the same

manner and within the same term as an appeal on a point of law to

the same court is to be entered from a decision of such board,

tribunal or court.

With effect from the 1st March, 1995, the Director of

Social Housing may not requisition any premises under article 3

Provided that the provisions of this Act and of article 10 of

the Housing (Amendment) Act, 1989, shall continue to apply to any

building in the possession of the Director of Social Housing on the

28th February, 1995.

*See transitory provision - Act XXIII.1992.3.