Election of Ilirector-Worker Regul ations. 1987

L.N. 63 of 1987

t:NEMALTA ACT . 1977

lAC, NO . XVI O F 1911)

Election of Ilirector-Worker Regul ations. 1987

IN EXERCISE of the powers conferred by section SA of the

Encmaha Act. 1977. the Minister for Devclopmcn1 oflllfrastructurc has

made the following rcgulalioos:-

I. Th ese regulations may hoe ci ted as the Enemalta Corporation

( EJection of Di ret:lor-Workc r ) Regulations. 1987,

In these regulations. Unlcsslhe COllle x! otherwise rC'luires -

.. Act" means Ihe Enemal!a Act. 1971

"body" means any body established by law and any

partnership or other body in which Ihe Government or an~ such

body has effective comrol;

"Director-Worker" means a member of the Board of

Dircc!Ors of the Corporation clecH~d under section 5(2) of the Aet;

"d

"employee" means a person who is a permanent employee of

Ih", Corporation but does not include -

(a) a worker who has not completed the period of

probation according to law

(b)

a parHimc wor ker ;

(c)

a worker on a contract for a definite time

(d) a public officer or other worker performing duty

with the Corporation but who is employed with the

Govcrnment or with any other body; and

(el a worker of any subsidiary company of the

Corporation or of any company in which the Corporation has

an inl creSt

and ""employed " shall be construed accordingly.

Subject 10 Ihe provisio n ~ of th",se regulations. a perwn shall be

qualified to be elected a Director· Worker only if he is a citizen of Malta

who is employed wi th the Corporation Hnd if his nomination for the

election is supported in writ ing by no less than ten employees entitled to

~otc at that election.

( I) In addition to the disqualifications for membership oflhe

Board of Directors mentioned in sectio n 7 of the Ad. an cmplo)'ce of

Ih", Corporation shall be disqualified for election to Director-Work er or

for remaining a member of the Board if -

(a) he was a candida te for election to the HouiIC of

Rcprcs.entativcs in the last general election: o r

(b) he is a shopstcward of any trade union: Or

(c) is inte rdieted or incapacitated for any mental infirm ity or

for prodigality by a court 111 Malta or i, otherwi* dete rm inetl in

Malta to be of unsound mind.

(2 ) Notwithstanding the provisions of subparagraph (b) of

parHgraph (I) of this regulation. an employee who is also a soops tcward

o f a trad: union may stand for e"'etion as a Director-Worker. provided

that he shall not assume tile dutiesof Director-Worker. ifclected. unless

anti until he resigns his post as shOINeward. and provided furtller Illat if

suell person shall nOI have so resigned his posl as shopsteward within

fifteen days after tile offi cial announcem~nt of the resuh of the said

election SlIch person shall be deemed to have resigned his office as

Director-Worker.

Subject 10 the provisions of \heiIC regulations. the office of a v""."') of

()ire<IOI' w or I. <r

Di rector-Worker ~hall become vacant: -

(a) if he is dismissed according to estabhshed disciplinary

proceedings. or if he retires from the employment wi th Ihe

Corporation or his said employment is olherwise terminated; or

(b) if he has su<;h financial or other intcrest in any contrac!.

entcrprise or activity as. in the opinion of the Board expressed as a

deci sion taken by a secret VOle, is like ly to affecl prejudicially the

dischargl' by Ilim of his functions as a member of the Board: or

(c) if any circumstances arise that, if he were not a Director-

Worker. cause him to be disqualified for election as such.

b. (I) The Dircctor· Worker shall be elected by secret baJlot by

the employees of the Corporation.

(2) At the election no person shall be permined to vote on

behalf of an other.

(I) Id-DireITur-l'taddiem ghandu jkun elell b'voI signet miU·

impjegali lal- KorpoTaujolli,

(2)

Fl-elezzjoni hadd ma jithalla jivvola ghall-nom la'

haddichor.

7, (I) MCla lini:amm I-clezzjoni la' Dircllur- H addicm ghandu

jigi di kjaral clclT dak il -kandidal li J;kscb iklar minn hamsin fil-mija

lal-voli validi kollha milfughin fdik I-c leujol\!.

(2) Fil -kai li jO:lOrgu ghall·clelljoni iklar milln leW!!;

kandidati u e bda wiehed minnhom ma ji ks.eb in-numru la' VOI; imsemmi

fil -paragrafu la' qabel dan, ghandha liniamm elezzjoni ohm bejn it-

zcwg kandidali Ii jkunu kisbu l·ikbar numru la' VOI!.

8, Kull clczzjoni la' DirCllur- l't addiem ghandha tkun mizmuma,

immcxxija u sorveljata minn Kummissjoni la' I-Elezzjoni li Ikun

maghmuJa mill- Kummissarju Elellorah Principali u minn 7.cwg membri

ohra tal· KummissjOll i Elello rah mwaq'lfa skond I·a rtikolu 60 lal·

Kosllluujolli Ii jkunu gew mahlura minn u minn fosl il·membri ta'

I-isless Ku mmissjoni Elel l0rali,

9, Bla hsara ghad-dispo'; 7.ljonijic\ !~' dawn ir-regolamcnti 1_

elt'lzjoni la' Dircllur-l't addiem ghandha ssir rdak ii-z mi en jew rda wk

ii·iminiJiet u ghandha tilmexxa b'dak il- mod kif il· Kummissjoni la'

I-Elezzjoni jid hrilha xieraq.

(I) When an election ofa Director· Worker is held there shall

be declared e lected th e candidate who obtains more than fifty poer cen-

turn of all val id votes cast at that election .

(2) In case more than two candidates stand for an election

and no one of them obtains the number of votes mentioned in th e pre·

ceding paragraph. another election shall be Ileld between the twocandi·

dates who had obtained the greate r number of votes.

Every election of a Director-Worker shall be hcld. cond ucted

and supervised by an Election Commission oomposed of tile Principal

Electoral Commissioner and of two other memben; of the Electoral

Commission establ ished under section 60 of tile Constitution who shall

be elected by and from amongst the membe rs of the said Electoral

Commission.

Elezzjoni li tkun mehtiega bio jinbidel id-Direthlf-I'I addiem Eku;o..i r&l"><l"'I

meta jispida i-fmie n tal-kariga tieghu ghandha ssir xahar qabel ma ,,·imoen " I-k.rip.

jaghlaq dak ii-imien imsemmi fir-regolament 16 b'dana iida li d-

Direttur-Haddiem hekk elett jiehu POSIU fuq il-Bord meta jiskadi dan

it-terminu.

Subject to the provisions of these regulat ions the election of

Director-Work.er shall be held in such lime or limes and shall be con-

ducted in such manner as the Election Comm ission shal l dee m approp-

riale.

10. An election which becom es necessary for subst it uting the Di -

rector-Work er on the te rmination of the period of his office, shall be

held o ne month immediately before the period laid down in regulation

16 expires. provided that Ihe Director-Worker so elected shall only

enter Up<)fl bis duties a:; a member of the Boar.d on tile e.xpintjo" of th~1

period.

11. When the office of Director-Worker becomes vacant , the va-

cancy shall be filled from amongsl1he employees of the CoriX'ration by

an eleelion which shall be held for that purpose in accordance with these

regulations and such election shall be held as soon as practicable but in

no casc latcr than four wcch aftc r thc vacancy givi ng risc to it OCCUT3.

A Director· Worker. if he is othe rwise qualified. shall be el ig·

ible for re·election.

The remunera tion payable to the Director·Worke r shall be

that established for the other members of the Board of the Corporation .

The Director·Worker may resign his nffice by lette r addres·

sed to the Mi nister.

IS. A vacancy of a Director·Worker shall be forthwith notifi ed to

The MiniSTer.

Subject to the provisions o f these regulaTions. the Director·

Wo rke r shall ho ld office for a period of two years commencing on th e

da te of his electio n and ending on th e sam e date two years later

Provided thaT The firsT Directo r·Worke r shall o nl y e nte r upon

his duties as a mem ber of the Board on the \st Februa ry. 1988.

The Direct or· Worker shall have the same rights and duties as

are by law la id down in respect of the other Di rectors of the Board.

IwuObltk., m;'· T>q>;m . .. ,_Tagh, ;(

r..bI~1mJ by ,h. I~"".."..w" OM,;;",

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