MALTA COUNCIL FOR ECONOMIC AND SOCIAL DEVELOPMENT ACT (GOZO REGIONAL COMMITTEE) (gozoregionalcommittee)

SUBSIDIARY LEGISLATION 431.02

MALTA COUNCIL FOR ECONOMIC

AND SOCIAL DEVELOPMENT ACT

(GOZO REGIONAL COMMITTEE)

REGULATIONS

15th June, 2012

LEGAL NOTICE 209 of 2012, as amended by Legal Notice 329 of 2015.

The title of these regulations is the Malta Council for

Economic and Social Development Act (Gozo Regional

Committee) Regulations.

In

these

regulations,

unless

the

context

otherwise

requires -

"Act" means the Malta Council for Economic and Social

Development Act;

"Committee" means the Gozo Regional Committee established in

terms of the Act;

"Council" means the Malta Council for Economic and Social

Development established in terms of the Act;

"enrolled" means enrolment with the Commissioner for

Voluntary Organisations under the Voluntary Organisations Act

which has been in effect for more than one year prior to any call for

nominations as stated in regulation 4.

The Committee established in terms of article 6A of the

Act shall be composed of the following members

(a) two persons nominated by the Gozo Business

Chamber;

(b) two persons nominated by the Gozo Tourism

Association;

(c) three persons nominated by the Gozo Region

Committee to represent Gozo Local Councils;

(d) one person nominated by the Gozo section of the

General Workers Union;

(e) one person nominated by the Gozo section of the

Confederation of Malta Trade Unions;

(f) one person nominated by the Gozo section of the

Union Ħaddiema Magħqudin;

(g) one person nominated by the Gozo section of the

GRTU, Malta Chamber of Small and Medium

Enterprises;

(h) one person nominated by the Gozo Diocese;

(i) one person nominated by the Minister for Gozo;

(j) one person nominated by the Gozo University Group;

(k) three persons nominated by the Gozo NGOs

Association; and

(l) one person nominated by the Forum of Maltese Trade

Unions (For.U.M.).

(1) The Chairperson of the Council and the Executive

Secretary of the Council shall, by notice in writing, invite the

organisations identified in regulation 3 to nominate in writing

persons to represent such organisations on the Committee. Such

invitations may be sent individually or by publication in two

newspapers, one being in the Maltese language and the other in the

English language.

(2) For each one of the persons nominated in accordance with

regulation 3, there shall be a substitute member who shall represent

the same organisation and who shall have the right to attend

meetings in the absence of the nominated member.

(3) The organisations referred to in regulation 3(a) to (j) shall

nominate their representatives and substitutes by a notice in writing

to the Chairperson of the Council and the Executive Secretary of

the Council and the Gozo NGOs Association shall follow the

procedure outlined in subregulation (4).

(4)

In the case of the Gozo NGOs Association

(a) the three persons to be nominated to represent the

Association on the Committee and their substitutes

shall be nominated by registered members of the

Association which are enrolled

Provided that any enrolled organisation which is

already represented in the Committee through

membership in any organisation referred to in

regulation 3(a) to (j) shall thereby be excluded from

nominating representatives and substitutes of the

Association to the Committee and from voting on this

matter;

(b) those members which are eligible under paragraph (a),

may indicate their interest in participating in the

nomination and election of representatives and

substitutes of the Association to the Committee at any

time by means of a notice in writing to the Gozo NGOs

Association. The members shall declare in this notice

that they are not already represented in the Committee

through membership in any organisation referred to in

regulation 3(a) to (j) and the Gozo NGOs Association

shall rely on this declaration made by the members on

this matter without further enquiry;

(c) such members shall provide full details of their name,

the full address of their registered office and the

address where they receive mail and their VO

identification number;

(d) the Gozo NGOs Association shall acknowledge receipt

of the notice in writing;

(e) the Gozo NGOs Association shall verify with the

Commissioner for Voluntary Organisations that a

member is enrolled and may submit nominations for

the purposes of these regulations;

(f) the Gozo NGOs Association shall keep a register of

eligible members for the purposes of these regulations;

(g) the register shall be available to the public on the web-

site of the Gozo NGOs Association;

(h) upon receipt of the notice mentioned in subregulation

(1), the Gozo NGOs Association shall invite the

members included in the register to nominate in

writing representatives and substitutes to represent the

Gozo NGOs Association on the Committee;

(i) where the members of the Gozo NGOs Association

nominate six persons, three as representatives and

three as substitutes, which persons must be designated

accordingly, then such persons shall be accepted by the

Association to be validly nominated to such positions

on the Committee; and

(j) if more than three persons are nominated as

representatives and, or if more than three persons are

nominated as substitutes or there is no agreement as to

who shall fulfil the role of representative and who

shall fulfil the role of substitute, the Gozo NGOs

Association shall hold internal elections among its

members included in the register, and the three persons

who receive the highest number of valid votes cast

shall represent the Gozo NGOs Association on the

Committee and the three persons who receive the next

highest number of valid votes cast shall be the

substitutes.

(5) In the case of a resignation or retirement by any

representative, the substitute shall fill the post of the representative

who resigned or retired for the period of office remaining for that

representative, and the organisation shall nominate another person

to fill the post of substitute also for such period. In the case where

an election had originally been held, the person with the next

highest number of valid votes cast shall be the substitute also for

such period.

(6) In the case of a resignation or retirement by any substitute,

the organisation shall nominate another person to be the substitute

for the period of office remaining for that substitute. In the case

where an election had originally been held, the person with the next

highest number of valid votes cast shall be the substitute also for

such period.

(1) The persons nominated or elected to represent each

organisation under these regulations shall be appointed as the

members of the Committee by the Prime Minister, upon receiving

the advice in accordance with article 6A(2) of the Act, by means of

a Notice issued by the Prime Minister and published in the Gazette

listing the said members of the Committee, identifying both

representatives and substitutes.

(2) Appointments shall be made for a period of two years

which shall commence on the date of the Notice.

The Chairperson of the Committee shall be elected by the

members of the Committee from among themselves by simple

majority, for a period of two years. The election shall take place at

the first meeting of the Committee.

The Committee shall have the power to regulate its own

procedure consistently with the Act and any regulations made

thereunder and generally accepted rules of order.

(1) The Committee shall meet at least once every month at

such time and on such date as may be designated and notified to the

members for that purpose by the Chairperson of the Committee.

The time and date in which meetings are to be held shall also be

notified to the Chairperson of the Council on the same date on

which they are notified to the members of the Committee. The

Chairperson of the Council may attend the meetings of the

Committee as an observer.

(2) The meetings of the Committee shall be held in a place

designated by the Chairperson of the Council.

The quorum for a meeting shall be a number of members

representing fifty per cent plus one of all the members of the

Committee. If within half an hour from the time appointed for the

meeting a quorum is not present, the meeting shall stand adjourned

to such other day, time and place as the Chairperson of the

Committee may indicate beforehand in the notice convening the

adjourned meeting and which adjourned meeting shall not be held

later than seven working days from the date of the original meeting.

If at the adjourned meeting a quorum is not present within half an

hour from the appointed time the members present in that meeting

shall constitute a quorum.

(1) The Executive Secretary of the Council shall be the

Executive Secretary of the Committee. It shall be the function of

the Executive Secretary to

(a) keep the minutes of the meetings of the Committee;

and

(b) keep a record of the members present during the

meeting, the members who are absent and the members

who are excused.

(2) The Executive Secretary of the Council may nominate any

other person from the employees of the Council to attend the

meetings of the Committee in his absence and to fulfil all functions

of Executive Secretary of the Committee.

The minutes of the proceedings of every meeting shall be

kept by the Executive Secretary of the Committee and shall be read

and approved at the commencement of the following meeting. The

approved minutes shall be accessible to the members of the

Committee at all times. The Executive Secretary of the Committee

shall make such approved minutes available to the members of the

Council, if requested.

The

Council

shall

provide

the

Secretariat

of

the

Committee.