L.N. 68 of 1982

L.N. 68 of 1982

SUPPLIES AND SERVICES ACT, 1947

(ACT NO. IV of 1947)

IN exercise af the powers conferred by section 3 of the Supplies

and Services Act, 1947, the Deputy Prime Minister and Minister of

Economic Development has made the following regulations:-

l. These regulations may be cited as the Price Control Tribunal

(Constitution) Regulations, 1982.

Dawn ir-regolamenti jistgħu jissejħu r-Regolamenti ta' 1-1982 Titolu .

dwar it-Twaqqif ta' Tribunal għall-Kontroll tal-Prezzijiet.

There shall be a court of law to be known as the Price

Control Tribunal, hereinafter referred to as the "Tribunal", which

shall have jurisdiction to try all offences against the Supplies and

Services Act, 1947, committed after the coming into fo rce of these

regulations.

The Tribunal shall can sist of

(l)

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>

(a) a Magistrate, as chairman; and

(b) two members, appointed from among persons who hold

or have held the office of Commissioner for J ustice.

(2) The Chairman and the other members of the Tribunal

shall be appointed by the President acting in accordance with the

advice of the Prime Minister

Provided that the President may at any time so appoint

more ihan one magistrate and more than two other members of the

Tribunal, but only one magistrate and only two of such members

shall sit on the Tribunal in respect of any one ca: e.

(3) A member of the Tribunal, other than the Chairman,

shall, at the first occasion in which he sits on the Tribunal after his

appointment, take in open court an oath to decide each case with

impartialit~y according to law; he shall otherwise be bound by the

same obligations. mutatis mutandis, arising out of the form of the

oath of office prescribed for Magistrates.

(4) The Chairman of the Tribunal shall vacate his office

upon the appointment of anather Magistrate to act as chairman or

upon his ceasing to be a Magistrate.

The office of the other members of the Tribunal shall be-

come vacant -

(a) at the expiration of two years from the date of the

appointment or at such ear1ier time as may be specified in the

instrument by which such appointmei1t is made; or

(b) if he is removed from office in the manner provided for

in paragraph (6) of this regulation

Provided that such other members of the Tribunal shall be

re-eligible for appointment at the expiration of the time of their

previous appointment.

(5) In the exercise of his functions a member of the Tribu-

nal shall not be subject to the direction or control of any other person

or authority.

(6) During their tenure of office the members of the Tri-

bunal may not be removed except in the same mannel' and on the

same grounds as a magistrate may b€' removed from office.

(7) The provisions of the Criminal Code regarding the

abstention and chaIlenge of magistrates, shaH apply to the abstention

and challenge of the members of the Tribunal.

(8) Where the Chairman or other member of the Tribunal

has been objected to or has abstained from sittin g or is otherwise

unable to act, another chairman or member, as the case may be. shall

be surrogated in his stead.

For the purposes of exercIsmg it5 ftinctions under these

regulations the Tribunal sha1l have all such powers as are, by the

provisions of Book Second of the Criminal Code, vested in the Court

of Judicial Po1ice sitting as a Court of Criminal Judicature, and the

provisions of the said Code relating to proceedings before the Court

of Judicial Police as a Court of Criminal Judicature and to proceed-

ings on appeal from judgments of the said Court shall, subject as

hereinafter stated, apply in respect of proceedings under these

regulations

Provided that proceedings in accordance with these regula-

tions may be commenced at any time within one year from the com-

mission of the offence

Provided further that the Attorney General shaH always

have a right of appeal to the Court of Criminal Appeal from any

judgment given by the Tribunal.

Points of law shaH be cletermined by the Chairman; decisions

of points of facts shal1 be taken by a majority of votes.

The judgments of the Tribunal sha11 be delivered by th e

Chairman in open Court, whether in the presence 01' in the a bsence

of the other members of the Tribunal.

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