REQUISITION OF CEMENT REGULATIONS

REQUISITION OF CEMENT

SUBSIDIARY LEGISLATION 117.16

REQUISITION OF CEMENT REGULATIONS

19th October, 1972

LEGAL NOTICE 89 of 1972, as amended by Legal Notice 409 of 2007.

The title of these regulations is the Requisition of Cement

Regulations.

In

these

regulations,

unless

the

context

otherwise

requires -

"Minister" means the Minister responsible for trade;

"person" includes any body of persons;

"requisition" means the taking possession by the Minister or the

placing at his disposal, of any cement including cement in bulk or

in bags or otherwise contained, stored or stacked;

"req ui sit ion ee" mean s t he person or p ersons from who se

possession cement is requisitioned by the Minister.

The Minister may, by order, requisition any cement from

any requisitionee and may give such directions as appear to him

necessary or expedient in order that the requisition may be put into

effect and complied with.

The Minister or any other officer deputed by him for that

purpose may enter any premises or board any ship or vessel with a

view to securing compliance with these regulations.

(1) Any person who contravenes or fails to comply with

any requisition order made by the Minister under regulation 3 or

who performs any act or omits to perform any act knowing or

having reasonable cause to believe that such act or omission is

likely to frustrate, hinder or obstruct the execution of any measure

or direction connected with such requisition order, shall on

conviction be liable to a fine (multa) of not less than one thousand

a nd o ne h un dr e d a n d s i xt y- f ou r e u ro s a nd s i xt y- n in e c e nt s

(1,164.69) and not exceeding two thousand and three hundred and

twenty-nine euros and thirty-seven cents (2,329.37) or to

imprisonment for a period not exceeding six months or to both such

fine and imprisonment.

(2) Without prejudice to the powers given to the Minister by

regulation 4, the competent court, besides awarding punishment,

shall order the offender to comply with these regulations, within a

time 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 (multa) of from two hundred and thirty-two euros and ninety-

four cents (232.94) to six hundred and ninety-eight euros and

eighty-one cents (698.81) for every day the default continues after

the expiry of the said time.

The Minister responsible for trade may use or authorise the

REQUISITION OF CEMENT

disposal of any cement so requisitioned under these regulations in

such manner and subject to such conditions as he considers

expedient having regard to the public interest.

(1) In default of agreement between the Minister and the

requisitionee, the compensation payable to the latter shall be such

as is deemed fair and reasonable in all the circumstances of the case

by a Board to be composed as follows

(a) a Magistrate, to be appointed by the Prime Minister, to

be Chairman;

(b) a person to be appointed by the Minister as his

representative; and

(c) a person to be appointed by the requisitionee as his

representative.

(2) If the requisitionee does not appoint his representative

within the period of seven days from the day on which he is asked

in writing to do so by the Minister, the Minister shall appoint a

third member to represent the requisitionee.

(3) The Board shall regulate its own procedure subject to the

rules of natural justice and shall have the same powers as are by the

Code of Organization and Civil Procedure conferred on the Court

of Magistrates (Malta) or the Court of Magistrates (Gozo) to call

witnesses and hear evidence on oath; summons to witnesses shall

be signed by the Chairman.