MALTESE LANGUAGE ACT

MALTESE LANGUAGE

CHAPTER 470

MALTESE LANGUAGE ACT

To establish the National Council for the Maltese Language in order to promote the

National Language of Malta and to provide the necessary means to achieve this aim.

14th April, 2005

ACT V of 2004 , as amended by Legal Notice 79 of 2011 , Act X of 2013 and Act VI of

2017 and Legal Notice 105 of 2018 and Act LV of 2021.

The short title of this Act is the Maltese Language Act.

(Articles 4 and 24)

LIST OF MALTESE LANGUAGE ASSOCIATIONS

• L-Akkademja tal-Malti constituted in 1924

• L-Għaqda tal-Malti (Università) set up in 1931

• L-Għaqda tal-Poeti Maltin set up in 1975

• L-Għaqda tal-Qarrejja tal-Provi tal-Malti set up in 2010

• Inizjamed set up in 1998

• L-Għaqda tal-Għalliema tal-Malti set up in 1999

In this Act, unless the context otherwise requires -

"L-Akkademja" means L-Akkademja tal-Malti previously known

as l-Għaqda tal-Kittieba tal-Malti established on the 14th

November 1920;

"Commission" means the technical commission established by

article 7;

"Committee" or "Committees" means the technical committee or

committees appointed under article 8;

"Council" means the National Council of the Maltese Language

established by article 4;

"Executive Director" means the person appointed under article

12;

"financial year" means the period of twelve months closing on

the 31st of December of each year

Provided that the first financial year of the Council shall

commence with the coming into force of this Act and terminate on

the 31st day of December of the year immediately following;

"linguistic policy" means a body of guide-lines which influence

the linguistic expression of a people;

"the Maltese Language" means the national language as

prescribed by article 5 of the Malta Constitution;

"Minister" means the Minister responsible for the Maltese

language;;

"organs of the Council" includes the Commission and the

Committees;

"orthography" means the orthography of the Maltese Language

as the standard system of writing in everyday use, established and

updated by L-Akkademja tal-Malti and as expounded in the

documents: Tagħrif fuq il-Kitba Maltija published by the Għaqda

tal-Kittieba tal-Malti in 1924; Żieda mat-Tagħrif published by L-

Akkademja in its review Il-Malti in 1984; and Aġġornament tat-

Tagħrif fuq il-Kitba Maltija published by L-Akkademja in its

review Il-Malti in 1992, and as subject to the provision of article

5(2);

"prescribed" means prescribed by regulations made by the

Minister under the provisions of this Act;

"public officer" has the same meaning as in article 124 of the

Malta Constitution;

"University" means the University of Malta mentioned in article

28 of the Education Act.

3.(1) (a) Maltese is the language of Malta and a fundamental

element of the national identity of the Maltese people.

MALTESE LANGUAGE

(b) The Maltese Language is an essential component of the

national heritage, being constantly developed in the

speech of the Maltese people, distinguishing the

Maltese people from all other nations and giving the

same people their best means of expression.

(c) The Maltese State recognises the Maltese Language as

a strong expression of the nationality of the Maltese,

and for that purpose acknowledges its unique

importance, and protects it from deterioration and

perdition.

(d) The Maltese State shall make provision in such manner

that the study of the Maltese Language in its linguistic,

literary and cultural manifestations shall always be

given primary importance in both state and other

schools from the very first years of education of all

Maltese citizens.

(e) The Maltese State shall promote through all possible

means the widest use of the Maltese Language in

education, broadcasting and the media, at the law

courts, and in political, administrative, economic,

social and cultural life.

(f) The Maltese State shall lead in the creation of all

possible opportunities for the development of the

National Language and to assert its merited dignity.

(g) The Maltese State recognises, within the wider context

of the Maltese diaspora, that the Maltese Language

should remain known by and considered as a binding

element of the Maltese people.

(2) The provisions of this article shall not be enforceable in any

court of law, but the principles therein contained are nevertheless

fundamental to the safeguarding of the Maltese Language and it

shall be the aim of the State to apply them and to comply therewith.

PART II

THE COUNCIL, ITS ORGANS AND THEIR ADMINISTRATION

(Articles 4 and 24)

LIST OF TRANSLATION DEPARTMENTS OF

THE EUROPEAN UNION

•

The Council

•

The Commission

•

The European Parliament

•

The Courts of Justice

•

The Courts of Auditors

•

The Committee for Economic and Social Affairs

•

The Regional Committee

•

The Centre for Translations

•

The European Central Bank

The participation of the representative of the Maltese

departments of the translators of the European Union, nominated

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together by the same departments listed in this Schedule, shall be in

accordance with and so far as permitted by the regulations of the

European Union institutions mentioned in this Schedule.

(1) (a)Il-Malti huwa l-Ilsien ta’ Malta u element ewlieni

tal-identità nazzjonali tal-Maltin.

(b) L-Ilsien Malti huwa parti essenzjali mill-wirt

nazzjonali, li jiġġedded ta’ kuljum fuq fomm il-Maltin,

li jagħżel lill-poplu Malti minn kull poplu ieħor u li

ILSIEN MALTI

jagħti lill-istess poplu l-aqwa mezz għall-espressjoni.

(ċ) L-Istat Malti jagħraf fl-Ilsien Malti espressjoni

qawwija tan-nazzjonalità tal-Maltin, u għalhekk

jagħtih l-għarfien xieraq u meħtieġ kollu billi jagħraf l-

importanza tiegħu fil-prinċipju u fil-prattika, u

jgħasses biex dan l-ilsien ma jitħassarx u ma jintilifx.

(d) L-Istat Malti għandu jipprovdi biex l-istudju tal-Ilsien

Malti fil-manifestazzjonijiet lingwistiċi, letterarji u

kulturali tiegħu jingħata dejjem importanza prijoritarja

fl-iskejjel, kemm dawk statali kif ukoll dawk li

m’humiex, sa mis-snin bikrin tat-tagħlim taċ-ċittadini

Maltin kollha.

(e) L-Istat Malti jippromwovi b’kull mezz possibbli l-

akbar użu tal-Ilsien Malti fl-edukazzjoni, fix-xandir u

fl-istampa, fil-qrati, u fil-ħajja politika,

amministrattiva, ekonomika, soċjali u kulturali.

(f) L-Istat Malti għandu jkun minn ta’ quddiem biex

joħloq l-opportunitajiet kollha possibbli għall-iżvilupp

tal-Ilsien Nazzjonali u jara li jkollu d-dinjità li tixraqlu

bħala tali.

(g) L-Istat Malti jagħraf l-importanza li fil-qafas tal-firxa

tal-poplu Malti fid-dinja, l-Ilsien Malti jibqa’ magħruf

u jservi bħala mezz ta’ rabta bejn il-Maltin.

(2) Id-dispożizzjonijiet ta’ dan l-Artikolu m’humiex esegwibbli

f ’xi qorti tal-ġustizzja; madankollu l-prinċipji li jinsabu fihom

huma fundamentali għall-ħarsien tal-Ilsien Malti u tkun il-mira tal-

Istat li japplikahom u jimxi fuqhom.

TAQSIMA II

IL-KUNSILL, L-ORGANI TIEGĦU U T-TMEXXIJA TAGĦHOM

(1) There shall be a body, to be known as the National

Council of the Maltese Language, having the aim of adopting and

promoting a suitable language policy and strategy and to verify

their performance and observance in every sector of Maltese life,

for the benefit and development of the national language and the

identity of the Maltese people.

(2) The Council shall be made up of fifteen (15) members and

an observer as follows

(a) a Chairman appointed by the Prime Minister and

chosen from among persons who are established and

qualified in the study of Maltese and who are

recommended by L-Akkademja tal-Malti and by the

Department of Maltese at the University of Malta

jointly or separately;

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(b) a representative nominated by L-Akkademja tal-Malti;

(c) a representative nominated by the Department of

Maltese at the University of Malta;

(d) a representative nominated by the Institute of

Linguistics and Language Technology at the

University;

(e) a representative of the Education Division coming

from the National Curriculum Department and

nominated by the Minister;

(f) a representative nominated by the Arts Council Malta;

(g) the Principal Permanent Secretary of the Civil Service

or his representative;

(h) a representative elected in such manner as may be

prescribed by and from among members of the

committees of the Maltese language associations listed

in Schedule A, excluding L-Akkademja tal-Malti;

(i) a representative of the Institute of Maltese Journalists;

(j) a representative of the Broadcasting Authority;

(k) a representative of the Department of Translation,

Terminology and Interpreting Studies at the

University;

(l) a representative of the Maltese publishers nominated

by the publishers in consultation with the National

Book Council;

(m) a representative of the lecturers specialised in the

teaching of Maltese nominated by the Faculty of

Education at the University; and

(n) a representative of the teachers of Maltese within the

Church schools nominated by the Secretariat for

Catholic Education;

(o) a representative of the teachers of Maltese within

independent schools nominated by the independent

schools; and

(p) an observer representative of the departments of

Maltese translators of the European Union, jointly

nominated by the same departments that are listed in

Schedule B..

(3) One of the other members of the Council referred to in sub-

article (2) shall be appointed by the Prime Minister as Deputy

Chairman of the Council to preside over the same Council

whenever the Chairman is absent.

(4) The Council shall be a body corporate having a distinct

legal personality and capable, subject to the provisions of this Act,

to enter into contracts, purchase and dispose of any kind of

property for the purposes of its functions, to sue and to be sued, and

to enter all operations as may be incidental or conducive to the

exercise or the performance of its functions under this Act,

including the lending of money or requests for credit.

MALTESE LANGUAGE

(5) The legal representation of the Council shall be vested

jointly in the Chairman and in the Executive Director

Provided that the Council may appoint any one or more of

its members or officers or employees to act on behalf of the

Council in judicial proceedings and on any act, contract, instrument

or any document whatsoever.

(6) Any document made or issued by the Council and signed by

the Chairman, or issued by the Executive Director and signed by

him, may be produced as evidence and shall, unless otherwise

proven, be deemed to be an instrument made or issued by the

Council or by the Executive Director.

(1) It shall be the function and the duty of the Council to

promote the Maltese Language both in Malta and in other countries

by engaging actively to foster recognition and respect for the

principles mentioned in article 3.

(2) The Council shall also update the orthography of the

Maltese Language as necessary and, from time to time, establish

the correct manner of writing words and phrases which enter the

Maltese Language from other tongues.

(3) In the execution of its functions and duties the Council

(a) develop, motivate and enhance the recognition and

expression of the Maltese Language;

(b) promote the dynamic development of such linguistic

characteristics as identify the Maltese people;

(c) in consultation with the organs established by this Act,

adopt a suitable linguistic policy backed by a strategic

plan, and ensure that the same are put into practice and

observed in all sectors of Maltese life;

(d) ensure that the language policy decided by the

Commission is put into practice so as to ensure its

effective and faithful implementation;

(e) evaluate and co-ordinate the work done by

associations and individuals, in the Maltese Language

sector and to foster an atmosphere of co-operation

through a consensual plan;

(f) draw the attention of all those who may contribute to

the development of Maltese to work done in execution

of the language policy and, where necessary, to advise

the Minister to commission any necessary assignment;

(g) seek to obtain financial resources locally and overseas

in order to be able to strengthen its activities,

especially such resources as are already accessible to

local and international organisations for research

purposes, the promotion of spoken languages by small

nations, and other projects relating to the exchange of

experts and research programmes;

(h) co-operate with persons, bodies and organisations in

various fields of life in order to increase and augment

MALTESE LANGUAGE

the recognition and appreciation of linguistic and

cultural activities for the further advancement of the

Maltese Language;

(i) establish a National Centre of the Maltese Language

which, besides serving as the office of the Council,

shall offer the necessary printed and audiovisual

resources to members of Maltese Language

associations, institutions and other interested persons;

(j) ensure full access to available statistical data and

information for the use of the Council and its organs in

the execution of their duties under this Act;

(k) keep continuous contact with the Maltese communities

living abroad and their representatives with the purpose

of keeping the Maltese language alive amongst them.

(4) The Council shall establish and maintain regular and

frequent contacts with local, national and international

organisations which have functions similar to or complementary to

those functions of the Council and establish exchanges of views

and resources with them.

(1)

Subject to any power of the Prime Minister and

the Minister, any initiative taken under this Act shall be subject to the

decision of the Council

Provided that on any linguistic issue of a technical-

scientific nature, particularly in the execution of its function under

article 5(2), the Council shall act on the advice of the Commission

Provided further that in the case of any disagreement

with the Commission on any decision of a technical-scientific

linguistic nature, the Council shall have the right not to accept the

position adopted by the Commission. The Council shall, however, in

such an event provide the Commission with its concerns in writing

within four (4) weeks. The Commission shall be obliged to

reconsider its advice and resubmit it in writing to the Council within

four (4) weeks. In the event that no consensus is reached, the position

of the Commission is discarded.

(2) Decisions of a technical-scientific linguistic nature

referred to in the preceding sub-article shall come into force by virtue

of a notice published by the Council in the Gazette.

(1) The Council shall appoint a Technical Commission to

be composed as follows

(a) a chairman; and

(b) the Heads of the Technical Committees established

under article 8.

(2) The Executive Director shall be the non-voting Secretary of

the Commission.

MALTESE LANGUAGE

(3)

The Commission shall -

(a) observe, analyse and evaluate the position of the

Maltese Language in the context of the language

situation in Malta;

(b) draft the linguistic policy and recommend it to the

Council;

(c) encourage maturation in the study of linguistic

planning with suitable courses in higher education, and

also through study grants to promising young people,

visits by overseas planners and the setting up of a

specialised library on the subject;

(d)

be obliged to hold meetings at least once every three (3)

months and shall keep minutes of each of its meetings.

(1) The Council shall appoint technical committees in

sectors of specialisation as may be necessary and shall define their

terms of activity.

Each Committee shall be a consultative organ for the

discussion of the linguistic policy to be adopted in specialised

s e c t o r s , s u c h a s ( i ) i n f o r m a t i o n t e c h n o l o g y, ( i i ) s p e c i f i c

terminology and translations. Each Committee shall be composed

(a) a Head of Committee who shall be a person learned in

such speciality, to be proposed from among qualified

persons recommended by L-Akkademja tal-Malti and

by the Department of Maltese at the University, with

the choice of the person to be made by the Council;

(b) an expert to be proposed by the Commission on the

advice of the Head of the relevant Committee;

(c) three members or more selected for their contribution

in the particular sector of activities in relation to which

the Committee is set up, to be proposed by the Council

on the advice of the Head of the Committee concerned.

(3) The Committee may co-opt other persons as observer

members with the right to attend and participate in the discussion

but who shall not have a right to vote.

(4)

Every Committee shall -

(a) observe the situation of the Maltese Language, discuss

all necessary measures for its development, and draft

the linguistic policy for its respective field;

(b) give its opinion to the Commission about issues

connected with the respective field for which it was set

up.

(5) The Technical Committees shall deliver a report of their

work to the Council every six months.

MALTESE LANGUAGE

(1) The members of the Council and of its organs shall be

appointed, nominated or elected for three years, sohowever that the

members so appointed, nominated or elected shall be eligible to be

appointed, nominated or elected again when their term of office

expires.

(2) No person shall be qualified to be a member of the Council

or of any of its organs if he is a Judge or Magistrate.

(3) Without prejudice to the provisions of this article, the office

of a member of the Council or of any of its organs shall become

vacant -

(i) on the expiry of his term of office, or

(ii) if there are circumstances which, had such

person not been a member of the Council, would

have led to his disqualification from being

appointed as such, or

(iii) if he resigns from the Council or from any one of

its organs by addressing a letter to the competent

authority which had appointed him under this

Act, or

(iv) if he consistently shows a lack of interest in the

activities and meetings of the Council or its

organs.

(4) If a member resigns or if the office of a member of the

Council is otherwise vacant or if a member cannot for any reason

perform the functions of his office, the competent authority which

had appointed him under this Act may appoint another person to

substitute him as member on the Council or on such organ where

his office became vacant.

(5) A member of the Council having any direct or indirect

interest in any contract made or proposed to be made by the

Council, which is not an interest that disqualifies such member

from still being a member, shall state the nature of his interest

during the first sitting of the Council after he becomes aware of the

relevant facts. Such statement shall then be registered in the

Council minutes, and the member having an interest as herebefore

mentioned shall withdraw from all sittings during which such

contract is discussed. Such statement shall be relayed to the

Minister without delay. When the interest of the member is such as

to disqualify him from still being a member, he shall report the fact

immediately to the Minister and hand in his resignation.

(1) The Council or its organs shall meet as many times as

may be required following a call by their respective chairman or by

request of any other two of its members.

(2) Half the number plus one of members who at the time

constitute the Council or of its organs shall form a quorum.

(3) The decisions of the Council and its organs shall be made

by simple majority of the votes of members present and voting

Provided that decisions of a technical-scientific linguistic

nature shall only be taken by the Council by an absolute majority of

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its members, by the Commission by a two-thirds majority of its

members, and by the Committee by a three-quarters majority of its

members respectively.

(4) The chairman of the Council, or of its organs, or in the

absence of the Chairman of the Council the Deputy Chairman, or

whosoever is appointed to act as chairman, shall have an original

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

(5) Without prejudice to any other requirement of this Act, no

decision of the Council shall be valid unless it is at least supported

by three members of the Council.

(6) The Council or any of its organs may from time to time

invite any person to attend any one or more of its meetings in order

to give expert advice about any matters which the Council may be

discussing

Provided that such person may only be invited for a limited

number of sittings and only in relation to a particular issue and

shall not have any right to vote.

(7) Subject to the provisions of this Act and of any regulations

which may be made under it, the Council and its organs shall

regulate their own procedures.

(8) Subject to the foregoing provisions in this article, no act or

p r o c e e d i n g o f t h e C o u n c i l o r o f a n y o f i t s o rg a n s s h a l l b e

invalidated solely on account of the existence of any vacancy

among its members.

(9) Any act made by a person who acts bona fide as a member

of the Council or of any of its organs shall be valid as if he were a

valid member notwithstanding that it is subsequently discovered

that there was a defect in his appointment or qualifications.

(1) The Minister shall, once every three years or before,

convene a National Forum on the Maltese Language, inviting the

participation of the Council, of its organs, of the University, L-

Akkademja and all other Maltese Language associations,

Government departments and Government entities, representatives

of local councils, non-governmental organisations, educational,

cultural and artistic institutions, both public and private, as well as

representatives of the audio-visual communications and print

media, and also any other party which shows in writing to the

Minister that it has an interest.

(2) The Forum shall discuss the national policy on the Maltese

Language as in force from time to time, and also the state of the

Maltese Language generally, after hearing a report about the

activities of the Council and its organs prepared by the Executive

Director.

(3) The Minister shall regulate the procedures of the Forum and

appoint its Chairman.

(4) The proceedings of the Forum shall be published and a copy

shall be transmitted to the Minister.

(5)

The Minister shall give previous public notice of at least

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one month before convening the Forum.

(1) Subject to the other provisions of this Act, the

administration of the affairs of the Council and of its activities shall

be the responsibility of the Council itself sohowever that, saving

the foregoing provisions, the executive administration of the

Council and of its organs, their administration and organisation and

the administrative control of their officers and employees, shall be

the responsibility of the Executive Director who shall also have

such other powers which may from time to time be delegated to

him by the Council.

(2) The Executive Director shall be appointed by a selection board

purposely appointed by the Council, having a representative of the

Ministry of Education, after a public call. The appointment shall be for

a period of three years and the said period may be extended for a

period or more periods of three years, subject to the satisfactory

performance of his duties.

(3) The Executive Director shall attend each meeting of the

Council but he shall not have the right to vote

Provided that the Council may, if it so deems fit, request the

Executive Director not to attend any sitting or part of a meeting.

(4) The Executive Director shall, subject to the general control

and direction of the Council, be responsible for the performance of

the functions of the Council in the exercise of his duties and,

without prejudice to the generality of the foregoing, he shall -

(a) assume full responsibility for the administration and

organisation and the administrative control of the

officers and employees of the Council and its organs

and, for such purpose, he shall assign to each officer or

employee such duties as may be required;

(b) develop the necessary strategies and ensure that the

strategies and the plans of the Council are implemented;

(c) advise the Council and its organs on any matter which

may be referred to him or about any other matter

which he considers to be necessary or expedient;

(d) be responsible for the drafting of a plan of activity and

for the preparation of the financial estimates, for the

utilisation, receipt and expenditure of funds under the

direction and with the approval of the Council and to

keep a detailed record of every receipt and expenditure

of funds. In the utilisation of funds and the keeping of

records the Executive Director shall observe the

Government financial regulations; and

(e) besides keeping the public informed about the work of

the Council and its decisions, perform other duties that

the Council may assign to him from time to time.

(1) The Minister may, from time to time, give the Council

such directions in writing as he may consider necessary relative to

the policy to be followed by the Council in the execution of its

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functions, insofar as such directives are not inconsistent with the

provisions of this Act, and the Council shall, as soon as possible,

give effect to such directives and conduct its business accordingly.

(2) The Council shall supply the Minister with facilities to

obtain information about the property and the activities of the

Council and of its organs and also provide him with statements,

accounts and all other information in that regard, and provide all

facilities for the verification of any information supplied, in such

manner and within such times as he may require.

PART III

OFFICERS AND EMPLOYEES OF THE COUNCIL

Subject to the provisions of the Malta Constitution and of

any other law applicable thereto, and without prejudice to the other

provisions of this Act, the appointment of officers and other

employees for the due and efficient performance of the functions of

the Council shall be made by the Council. The terms and conditions

of employment shall be established by the Council in concurrence

with the Minister within the framework of the terms and conditions

applicable to public service employees.

(1) The Prime Minister may, at the request of the Council,

from time to time order that a public officer be detailed to perform

duties with the Council or its organs in such capacity and with

effect from such date as may be specified in the order.

(2) The period during which such order as aforementioned shall

apply to any officer who is specified therein shall, insofar as such

officer does not retire from the public service or otherwise ceases

from remaining in office in a preceding date, or else because a

different date is specified in the order, cease with the occurrence of

any of the following events, namely if

(a) such officer accepts an offer of transfer to the service

of the Council and permanent employment therewith

in terms of article 17; or

(b) the Prime Minister revokes an order made by him

under this article relating to that officer.

(3) When such order as previously mentioned is revoked by the

Prime Minister with regard to any officer, the Prime Minister may

by further order engage such officer to perform duties with the

Council in such capacity and with effect from such date as may be

specified in the further order, and the provisions of sub-article (2)

shall, upon such occurrence, apply to the period during which such

further order subsists with regard to such officer.

(1) When a public officer is detailed to work with the

Council under any provision of article 15, such officer shall, during

such period that the order has effect in his regard, be under the

administrative authority and control of the Council but he shall, for

all other intents and purposes, still be and be considered and treated

as a public officer.

(2)

Without prejudice to the aforementioned generality, an

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officer who is detailed as herein previously mentioned -

(a) shall not, during such period during which he is so

engaged -

(i) be precluded from applying for a transfer to any

other Government department according to the

terms and conditions of service applicable to his

appointment with Government applicable on the

date when he was so detailed work; or

(ii) be employed in such manner that his

remuneration and conditions of service are less

favourable than those applicable to his

appointment with Government and which he is

enjoying on the aforementioned date or which

would otherwise be applicable to that

appointment, during such period, had that officer

not been so detailed with the Council; and

(b) shall have the right to have his service with the

Council considered as a service with Government for

the purposes of his pension, gratuity, or benefit under

the Pensions Ordinance and the Widows and Orphans

Pensions Act, and of any other right privilege to which

he would have been detailed, and he shall be

responsible for all that which he may be responsible

for, had he not been detailed with the Council.

(3) When an application is made as provided in sub-article

(2)(a)(i), it shall be given the same consideration as if the applicant

was not detailed for service with the Council.

(4) The Council shall make such contributions to the

Government as may from time to time be established as pension

and gratuity which an officer who is detailed with the Council as

aforementioned may earn during the period in which he is so

detailed.

(1) The Council may, with the approval of the Prime

Minister, offer to an officer, who is detailed with the Council under

the provisions of article 15, permanent employment with the

Council with such remuneration and under such terms and

conditions being not less favourable than those which such officer

enjoys on the date of such offer.

(2) The terms and the conditions comprised in any offer made

as aforementioned shall not be deemed to be less favourable solely

because they are not identical in all respects with or better than

those which the officer involved would be enjoying on the date of

such offer, if such terms and conditions, taken together, are, in the

opinion of the Prime Minister, benefits which are substantially

equivalent or better.

(3) Every public officer who accepts permanent employment

offered to him within the Council, under the provisions of sub-

article (1), shall for all purposes other than those of the Pensions

Ordinance and the Widows and Orphans Pensions Act, and saving

the provisions of sub-article (6), terminate his service with

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Government and enter service with the Council as from the date on

which he accepts, and for the purposes of that Ordinance and of

that Act, insofar as they are applicable to him, service with the

Council shall be deemed as service with Government within the

parameters of the respective relative meanings.

(4) Any officer as hereinbefore mentioned who, immediately

before accepting a permanent employment with the Council had a

right to a benefit under the Pensions Ordinance or the Widows and

Orphans Pensions Act, shall continue to have such right to a benefit

under such Ordinance and such Act for all purposes as if his service

with the Council was service with the Government.

(5) The Council shall pay to Government such contributions

which may from time to time be established by the Minister

responsible for finance in respect of the expenditure relating to

pensions and gratuities earned by an officer who has accepted

permanent employment within the Council as herein previously

mentioned during the period commencing on the date of acceptance

of such officer.

(6)

(a) For the purposes of the Pensions Ordinance, the

pensionable emoluments of such public officer who

accepts employment within the Council, on retirement

shall be deemed to be the pensionable emoluments

payable to an officer in Government service in a grade

and at an incremental level which corresponds to the

office held by the officer on retiring from service with

the Council.

(b) For the purposes of the previous paragraph, the offices

and salary grades of a public officer who accepts

employment with the Council shall be classified as far

as can be corresponding to the grades and increments

levels in government service by reference to the office,

skill, responsibility and other factors.

(c) The classification mentioned in paragraph (b) shall be

made by a board composed of a chairman appointed by

the Minister responsible for finance and of two other

members, one of whom appointed by the Minister

centrally responsible for staff policy in the public

service and the other appointed by the Council. The

classification shall be made subject to the final

approval of the Minister responsible for finance.

(d) Such classification shall be made within three months

from the adjustment of the salaries of employees in

Government service and, or, of employees of the

Council.

(e) No post may be classified at a grade higher that Grade

3 in Government service or such other higher grade

which the Minister responsible for finance may from

time to time by notice in the Gazette establish.

(7) Without prejudice to article 113 of the Constitution, no

person may, after the classification as aforementioned, be entitled

to rights under the said Pensions Ordinance, which are less

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favourable than those to which he would have been entitled prior to

such classification.

PART IV

FINANCIAL PROVISIONS

The Minister responsible for finance may, after

consultation with the Minister, give advances to the Council of

such amounts as he may agree to be required by the Council to

perform its duties under this Act, and he can give such advances

under such terms and conditions as he may, after consultation as

aforementioned, consider to be suitable. Any such advances may be

made by the Minister responsible for finance out of the

Consolidated Fund, and without any further appropriation other

than this Act and, by order signed by him authorising the

Accountant General to give such advances.

(1) The Council shall, not later than the end of May of

each year, present to the Minister, a business plan for the next three

financial years together with estimates of the capital and recurrent

expenditure and income for the next financial year

Provided that the estimates for the first financial year of the

Council shall be prepared and adopted within such time as the

Minister may specify by notice in writing to the Council.

(2) In preparing its estimates the Council shall consider any

other funds and monies which may be due to it out of the

Consolidated Fund during the relevant financial year, whether by

virtue of this Act or of any appropriation Act, or any other law.

(3) The estimates shall be made in such manner and shall

contain such information and such comparisons with previous years

as the Minister responsible for finance may order.

(4) A copy of the estimates shall be sent forthwith by the

Council, as soon as they are adopted, to the Minister and to the

Minister responsible for finance.

(5) The Estimates of the Council shall not enter into force until

they are approved by the Minister and the Minister responsible for

finance.

(1) No expenditure may be made by the Council or its

organs which exceeds the estimates as approved by the Minister as

provided in article 19.

(2) Saving any money generated by the Council itself or which

is received from non-State sources, the Council shall operate within

the limits of the capital and recurrent expenditure allocated to it by

the Minister as authorised by the Minister responsible for finance.

(1) The Council shall ensure that proper accounts and

other records are kept relating to its activities and those of its

organs and shall ensure that a statement is prepared relative to the

accounts of each financial year.

(2) The accounts of the Council shall be audited by an auditor

or auditors appointed by the Council and they shall be approved by

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the Minister

Provided that the Minister responsible for finance may,

after consultation with the Minister, request that the books and

accounts of the Council be audited or examined by the Auditor

General who shall for that purpose have the power to effect such

physical audit and any other verification which he may deem

necessary.

(3) The Council shall, at the request of the Minister or of the

Minister responsible for finance, present reports and accounts

relating to the administration as may be required. The Council shall

ensure that a copy of the duly audited statement of accounts is sent

to the Minister and to the Minister responsible for finance together

with a copy of any report made by the auditors relating to such

statement or to the accounts of the Council.

(4) Cheques issued by, and any withdrawal from any bank

account pertaining to the Council shall be signed by the Executive

Director and shall be countersigned by the Chairman, or by such

member or other officer of the Council as may be authorised by the

Council for such purpose.

The Council shall, by not later than the 31st March of each

year transmit to the Minister a copy of its audited statement of

accounts for the immediately preceding financial year, a copy of

the auditor’s or the auditors’, report relating to such statement or to

the accounts of the Council, together with a report dealing in

general with the activities of the Council during that financial year

and which contains such information relating to the proceedings

and policy of the Council. The Minister shall ensure that a copy of

any such report is laid on the Table of the House and is presented to

the Minister responsible for finance and to the Auditor General as

soon as possible.

PART V

MISCELLANEOUS

The members of the Council and all officers and employees

of the Council shall be deemed to be public officers for all purposes

of the Criminal Code.

In order to give better effect to the provisions of this Act

and without prejudice to the generality of the aforementioned, the

Minister may, after consultation with the Council, make regulations

relating to any function of the Council and may by such

regulations -

(a) amend the Schedules;

(b) regulate administrative and organisational procedures

to be followed by the Council, by its organs and by the

Executive Director;

(c) regulate any matter concerning the officers and

employees of the Council and which is not already

specifically regulated by this Act;

(d) regulate any matter concerning the expenditure and

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income of the Council, its estimates and accounts, and

their audit;

(e) regulate the manner in which elections are held, and

the right of Council members to vote in such elections

as mentioned in article 4(2)(e).