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Maltese Laws |
ENCOURAGEMENT OF NEW INDUSTRIES ACT
To repeal and re-enact with amendments the law relating to the encouragement of new industries.
(17th July, 1925)*
Enacted by Act X of 1925, as amended by Acts: VI of 1947, VIII of 1950; Emergency Ordinances: XV of 1958, XXI of 1959; Ordinance XXV of 1962; Legal Notice 4 of 1963; Acts: X of 1963, XXVII of 1967; Legal Notice 148 of 1975; and Acts: XI of 1977, XIII of 1983, XXIV of 1995 and Legal Notice
408 of 2007.
Industries Act.
"the Corporation" means the Malta Development Corporation established by article 3 of the Malta Development Corporation Act;
"new industry" means any enterprise or process of producing, manufacturing or improving any article, com modity or service,
initiated for the first time in Malta.
(2) Before making any such grant as provided in subarticle (1), the Minister responsible for development, after consultation with
t h e Corporation , may requi re th e appli c ant to give goo d an d sufficient security to his satisfaction in an amount in every
case to be fixed by the Minister responsible for development, for the due and pro p er fulf ilment by t h e ap plicant and by tho
s e claimin g th rough or under him of th e conditions of th e grant. In case of default in or breach of any such condition, the
amount of the security or such portion thereof as the Minister responsible for development may in his discretion decide, shall be
forfeited to the Government.
(3) It shall rest solely with the Minister responsible for development, after consultation with the Corporation, to determine
wheth e r an ind u stry is to be deemed a new indus t ry for the pu rp o ses of t h is Ac t, an d in t h e e xerci se of hi s po
wers he m ay consider as new any industry, already existing, which is, or has been carried on, on a small scale, or at intervals,
or has ceased to be carried on for more than six months:
Provided that in any such case the grantee of the exclusive
Short title.
Interpretation. Amended by: VII.1947.2; XV.1958.2; XXI. 1959.33; XXV.1962.2,4; L.N.4 of 1963. Substituted by:
XXVII. 1967.20.
Cap. 202.
Power of Minister to grant exclusive rights to carry on new industries. Amended by:
VIII. 1950.2; XV. 1958.2; XXI. 1959.33; XXV. 1962.2,4; L.N. 4 of 1963;
XXVII. 1967.20; XI. 1977.2.
Power of Minister to determine whether an industry is a new industry.
*See Government Notice No. 187 of the 17th of July. 1925.
†Transposed respectively from s.15(1) and from s.2(3) of the 1942 Revised Edition of
the Laws of Malta as subsequently amended.
right shall bind himself to carry on the industry with new or more profitable means of production.
To whom grant may be made. Amended by: VI.1947.2;
XV. 1958.2; XXV.1962.2,4;
L.N.4 of 1963. Substituted by: XXVII. 1967.20.
Provided that it shall be lawful to make any such grant to any other person, firm or partnership -
(a) if no identical application is made by a citizen of Malta or by a firm or partnership wholly or mainly owned or controlled
by citizens of Malta, within such time and under such conditions as the Minister responsible for development may deem
proper to fix; or
(b) if such other person, firm or partnership undertakes to employ a reasonable number of Maltese workers or shows that one-half,
at least, of the capital necessary for the establishment of the new industry is owned by citizens of Malta.
Application for grant of exclusive right.
Amended by: VI.1947.2;
XV. 1958.2; XXI. 1959.33; XXVII. 1967.20.
Publication for application. Amended by: XV.1958.2; XXV.1962.2, 4; L.N.4 of 1963; XXVII.1967.20; XI.1977.2.
(2) Where the application is made by a person who is not a citizen of Malta or by a firm or partnership which is not wholly or
mainly owned or controlled by citizens of Malta, such fact shall likewise be published.
(3) No decision shall be taken by the Minister responsible for development in regard to such application until the lapse of six
weeks, at least, from the day of the said publication.
Power of Minister to grant or refuse applications. Amended by: XV.1958.2; XXI.1959.33; XXV.1962.2,4; L.N. 4 of 1963; XXVII. 1967.20; XI. 1977.2.
(2) Any person may demand the revocation of the grant on any of the aforesaid grounds provided he shows a good reason for his demand
and produces the necessary evidence.
(3) The revocation shall, in every case, be published in the
Government Gazette and in another newspaper.
Grant to be published in Government Gazette. Amended by: VI. 1947.2; XV.1958.2; XXV.1962.2; L.N. 4 of 1963; X.1963.2;
XI. 1977.2.
Duration of grant. Amended by: XV.1958.2; XXV.1962.2,4; L.N. 4 of 1963; XI.1977.2.
Revocation of grant. Amended by: XV.1958.2; XXV.1962.2,4;
L.N. 4 of 1963; XI.1977.2.
Damages for infringement. Amended by:
L.N. 148 of 1975; XIII.1983.5; XXIV.1995.362;
L.N. 408 of 2007.
Forfeiture of machinery used in infringement.
Power of court to require security where warrant of description, etc., is applied for.
Limitation of time for civil actions.
Power of Minister to make, alter or revoke regulations. Amended by: XV.1958.2; XXV.1962.2,4;
L.N. 4 of 1963; XI.1977.2.
Cap. 9.
Other functions of the Corporation. Amended by: VI.1947.2; XV.1958.2; XXI.1958.33; XXV.1962.2,4; L.N. 4 of 1963. Substituted by: XXVII. 1967.20.
15. The Minister responsible for development may make, and when made, vary or revoke regulations on matters relating to the grant of exclusive rights to ex ercise new industries, and may prescribe that any person offending against such regulations shall, on conv iction, be liable to the punishments established in t h e Criminal Code for contraventions.
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