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Maltese Laws |
MALTA COUNCIL FOR ECONOMIC AND SOCIAL DEVELOPMENT ACT
AN ACT to provide for the establishment of the Malta Council for
Economic and Social Development and for other matters related thereto.
1st August, 2001
ACT XV of 2001, as amended by Legal Notice 426 of 2007.
Economic and Social Development Act.
"c ivi l s o ci et y" inc l ude s al l those or ganizations of persons established to seek the common good and whose main
aims are neither to generate profits nor to seek executive power;
''Committee'' means the Civil Society Committee established by virtue of article 6;
"Council" means the Malta Council for Economic and Social
Development established by virtue of article 3;
"Malta" has the same meaning as is assigned to it by article 124 of the Constitution of Malta;
''social partners'' m e ans representati ves of th e Go vernment, representatives of workers and representatives of
employers.
(a) a chairperson who shall be appointed after consultation with the organisations referred to in paragraph
(c);
(b) a deputy chairperson who shall be the appointed by the Prime Minister from amongst members of the public service;
(c) nine persons nominated by representative national employers’ and workers’ organisations constituted bodies, which
organisations and constituted bodies shall be listed in a Notice published in the Gazette, and which Notice shall also
indicate the number of members representing each organisation and constituted body;
Short title. Interpretation.
Establishment of the Council.
Composition of the
Council.
Functions of the
Council.
(d) four representatives of the Government, representing the Ministries responsible for Finance, Economic Services, Social
Policy and European Union Affairs; and
(e) the Governor of the Central Bank of Malta, ex officio.
(2) (a) For each of the members nominated in accordance with su ba rt ic le ( 1 ) ( c ) an d ( e ), there shall be a n equal number of substitute members representing those same sectors or organizations and who shall have the right
to at ten d m eet in gs i n the absence of the nomina ted members.
(b) For each of the members nominated in accordance with subarticle (1)(d), there shall be an equal number of su bstit ute members, soho wever that the said substitute members may represent other Ministries.
(3) The term of office of the members shall be of one year.
(4) Subject to the provisions of this Act and of any regulations made thereunder, the Council may appoint sub-committees and,
in general, shall regulate its own proceedings.
(5) The Council may act notwithstanding any vacancy amongst its members, provided there is a quorum present at the meeting.
(6) The Prime Minister may, after consultation with the Council, make regulations regarding the procedures to be adopted
by the Council, including the quorum for meetings, the filling of casual vacancies, loss of mandate and substitution of members.
(a) promote social dialogue and consensus amongst all the social partners on issues relating to sustainable economic and
social development;
(b) propose desirable and feasible goals and targets to give effect to the strategic economic, financial and social development
objectives of the Government and to recommend measures which would further their attainment;
(c) make recommendations to Government in respect of changes in the direction or terms of economic and social policy that
it may deem appropriate;
(d) make recommendations to Government regarding the elaboration of national plans for economic and social development and the implementation
thereof;
(e) submit opinions and recommendations on matters referred to it by Government or on matters that the Council deems as having
national economic and, or, social relevance; and
(f) upon a request by Government, examine, assess and make recommendations regarding draft legislation related to the objectives
of the Council.
(2) In discharging its functions, the Council shall reconcile individual sectoral interests in order to achieve overriding
national interests, and shall have regard, inter alia, to -
(a) the attainment of the highest possible levels of sustainable employment for all at adequate rewards, with due
consideration to productivity levels;
(b) the removal of structural constraints which impede the achievement of the overall economic and social national objectives;
(c) the achievement of the highest sustainable rate of economic growth;
(d) the fair and equitable distribution of the income and wealth of the nation;
(e) reasonable price stability and long-term equilibrium in the balance of payments; and
(f) the social implications of economic growth, including the need to achieve social inclusion in all its perspectives
particularly equality between women and men in the mainstream of development, and the protection of the environment.
(3) The Council shall act on specific requests submitted to it by Government or on its own initiative.
(2) The Committee shall, as much as possible, be representative of Maltese civil society and for this purpose,
the Council may invite any civil society organization to participate in the Comm ittee and may vary the com position of the said
Committee as it may deem fit from time to time, sohowever that the said Committee shall include ex officio as its permanent members, the chairpersons of the following organizations:
(a) the Local Councils Association; (b) the National Youth Council;
(c) the National Council for the Elderly; (d) the Consumers’ Association;
(e) the National Commission Persons with Disability; and
(f) the Commission for the Advancement of Women.
(3) The meetings of the Committee shall be chaired by the Chairperson or, in his absence, by the Deputy Chairperson of the
Council.
Civil Society
Committee.
(4) The Committee may act notwithstanding any vacancy amongst its members, provided there is a quorum present at the meeting.
(5) The Council shall adopt rules of procedure which shall regulate t h e proceedings of the Committee an d establi s h
th e quorum at meetings thereof.
Council secretariat. 7. (1) The administrative affairs of the Council shall be managed by a full-time Executive Secretary who shall hold office under such terms and conditio ns as the Council, with the concurrence of th e Prime Minist er, may estab lish. Wh ere th e Executive Secre t ary is a public of fice r s e conded from the Government, the officer shall have the right, on the termination of secondment, to revert to the former post without any loss of rank or seniority.
(2) The Executive Secretary shall be responsible for the Council’s technical and secretarial services and shall, inter alia, be responsible for -
(a) the provision of administrative and secretarial services required by the Council, the Committee or any sub- committees which
the Council may decide to appoint from time to time;
(b) ensuring that all information that may be required for them to effectively carry out their functions is made available to the
Council and the Committee and ensure that all follow up action is taken in order to implement decisions or directions taken by the
Council and, or, the Committee;
(c) providing information and carrying out preparatory work for the purpose of the Council’s budget proposals,
accounts and activity reports, and overseeing and assessing execution of these tasks;
(d) ensuring that office services are provided for the running of the Council and any of its committees;
(e) exercising any other responsibility as may be delegated by the Chairperson on behalf of the Council; and
(f) ensuring that the Council and the Committee operate in strict adherence with Government financial regulations
which shall apply to the Council and to the Committee.
Information to be made available.
Financing of the
Council.
Provided that the estimates for the first financial year of the Council shall be prepared and adopted within such time as the Prime
Minister may, by notice in writing to the Council, specify.
(2) In the preparation of such estimates, the Council shall take account of any funds and other monies that may be due to be paid
to it out of the Consolidated Fund during the relevant financial year, whether by virtue of this Act or an appropriation Act or
of any other law.
(3) The estimates shall be made in the form and shall contain such information and such comparison with previous estimates as
the Minister of Finance may direct.
(4) A copy of the estimates shall, upon their adoption by the Council, be sent forthwith by the Council to the Prime Minister
and to the Minister of Finance.
(5) The Prime Minister shall, at the earliest opportunity and not later than six weeks after receiving a copy of the estimates
from the Council, and after consultation with the Minister of Finance, approve the estimates with or without amendments.
(6) The Prime Minister shall, at the earliest opportunity and not later than eight weeks after approving the estim ates as mentioned
in subarticle (5) or, if at any time during that period, the House of Representatives is not in session, within eight weeks from
the beginning of the next following session, cause such estimates to be laid on the Table of the House of Representatives.
(2) Notwithstanding the provisions of subarticle (1) -
(a) until the expiration of six months from the beginning of a financial year, or until the approval of the estimates for
that year, whichever is the earlier date, the Council may make or incur expenditure for the carrying on of its functions
under this Act not exceeding in the aggregate one-half of the amount approved for the preceding financial year;
(b) expenditure approved in respect of a head or sub-head of the estimates may, with the approval of the Prime Minister, given after
consultation with the Minister of Finance, be made or incurred in respect of another head or sub-head of the estimates;
(c) in respect of the first financial year, the Council may make or incur expenditure not exceeding in the aggregate
such amounts as the Minister of Finance may, after consultation with the Prime Minister, allow;
(d) if in respect of any financial year it is found that the amount approved in the estimates is not sufficient or a need has arisen
for expenditure for a purpose not provided for in the estimates, the Council may adopt supplementary estimates for approval
by the Prime Minister, and in any such case the provisions of this
Expenditure to be according to approved estimates.
Contract of supply of works and service.
Amended by:
L.N. 426 of 2007.
Act applicable to the estimates shall as near as practicable apply to the supplementary estimates.
(3) Cheques drawn and withdrawals from any bank account of the Council shall be signed by such officer of the Council as may be
appointed or designated by the Council for that purpose and shall be countersigned by the Chairperson, or such other member or officer
of the Council as may be authorised by the Council for that purpose.
(4) The Council shall make provision with respect to any matter which is relevant to the proper keeping and control of
the accounts and books, and the control of finance of the Council and shall also provide for -
(a) the manner in which, and the officer or officers by whom, payments are to be authorised or approved;
(b) the title of any account held with the bank or banks into which the monies of the Council are to be paid and the transfer of
funds from one account to the other; and
(c) the method to be adopted in making payments out of funds of the Council.
Staff appointments. 12. (1) The Council may, with the approval of the Prime Mi nist er, ap poi nt such offi cers as may, fro m t ime t o t ime, b e necessary for the due and efficient discharge of the functions of the Council. The terms and conditions of employ ment shall be established by the Council with the approval of the Prime Minister.
(2) The Prime Minister may, at the request of the Council, from time to time, direct that any public officer shall be
transferred for duty with the Council in such capacity and with effect from such date as may be specified in the Prime Minister ’s
direction:
Provided that the period during which a direction as aforesaid shall apply to any officer specified therein shall, unless
the officer retires from the public service, or otherwise ceases to hold office at an earlier date, or unless a different date is
specified in suc h direc t ion, cea se to ha ve effec t after one year from the effective date of such directio n un less th e di
re cti on i s rev ok ed earlier by the Prime Minister.
(3) Where any officer is transferred for duty with the Council such officer shall, during the tim e in which such di rection has
effect, b e un der the ad mi nistrativ e auth ori ty and co ntrol of the Council but shall, for other intents and purposes, remain
and be considered and treated as a public officer.
(4) Without prejudice to the generality of the foregoing, an officer transferred for duty as aforesaid -
(a) shall not during the time in respect of which the officer is so transferred -
(i) be precluded from applying for a transfer to a department of the Government in accordance with the terms and conditions
of service attached to the appointment under the Government held by the officer at a date on which the officer is so transferred
for duty; or
(ii) be so employed such that the remuneration and conditions are less favourable than those which are attached to the
appointment under the Government held by the officer at the date aforesaid or which would have become attached to such
appointment, during the said period, had such officer not been transferred for duty with the Council; and
(b) shall be entitled to have the service rendered with the Council considered as service with the Government for the purpose of any
pension, gratuity, or benefit under the Pensions Ordinance and under the Widows’ and Orphans’ Pensions Act and of any other right or privilege to which the officer would be entitled, and liable to any liability to which the officer
would be liable, but for the fact of the officer being transferred for duty with the Council.
(5) Where an application is made as provided in subarticle (4)(a)(i), the same consideration shall be given thereto as if the applicant had not been transferred for service with the Council.
(2) The accounts of the Council shall be audited by an auditor or auditors to be appointed by the Council and approved by the
Prime Minister:
Provided that the Minister of Finance may, after consu l t a tio n wit h th e Pri m e Mi nist er, req u i r e th e bo
ok s and accounts of the Council to be audited or examined by the Auditor General who shall, for this purpose, have the power to
carry out such physical checking and other verifications as may be deemed necessary.
(3) After the end of each financial year, and not later than the date on which the estimates of the Council are forwarded to
the Prime Minister under article 9, the Council shall cause a copy of the statement of account duly audited to be transmitted to
the Prime Minister and to the Minister of Finance, together with a copy of any report made by the auditors on that statement or on
the accounts of the Council.
(4) The Prime Minister shall, at the earliest opportunity, and
Cap. 93. Cap. 58.
Accounts and audit.
not later than eight weeks after receiving a copy of every such statement and report, or if at any time during that period the House
of Representatives is not in session, within eight weeks from the beginning of the next following session, cause a copy of every
such statem ent and report to b e laid on the Ta bl e of t h e Ho use of Representatives.
(5) The financial year of the Council shall be twelve months en din g on th e 30t h day of Sept emb e r, p r ovi ded t h at th
e first financial year of the Council shall commence on the date of the
co mi ng in to f o r ce o f thi s A c t a nd shal l en d on th e 3 0 th day of
September of the following year.
Annual report. 14. (1) The Council shall, not later than six weeks after the end of each financial year, make and transmit to the Prime Minister, to the Minister responsible for Finance, to the Minister responsible for Economic Services, and to the Minister responsible for Social Policy, an annual report on its activities during that year.
(2) Each annual report shall include a general report of developments during the period to which it relates in respect
of matters falling within the scope of the mandate of the Council.
(3) The Prime Minister shall, at the earliest opportunity, and not later than eight weeks after receiving a copy of every such
rep o rt, o r if at any time du ring that p e rio d th e House of Repr esentati ves i s n o t in session, withi n eight weeks
from the beginning of the next following session, cause a copy of every such report to be laid on the Table of the House of Representatives.
Power to make regulations.
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