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Maltese Laws |
MALTESE LANGUAGE ACT
To establish the National Council for the Maltese Language in order to promote the
National Language of Malta and to provide the necessary means to achieve this aim.
ACT V of 2004, as amended by Legal Notice 79 of 2011.
Arrangement of Act
14th April, 2005
Articles
Part I Preliminary 1 - 3
Part II The Council, its Organs and their Administration 4 - 13
Part III Officers and Employees of the Council 14 - 17
Part IV Financial Provisions 18 - 22
Part V Miscellaneous 23 - 24
SCHEDULE
List of Maltese Language Associations
PART I
PRELIMINARY
Short title. 1. The short title of this Act is the Maltese Language Act.
Interpretation. 2. In this Act, unless the context otherwise requires -
"L-Akkademja" means L-Akkademja tal-Malti previously known as l-G ħ aq da tal- Kit t i e ba t a l-Malt i est a bli s hed
on t h e 14t h November 1920;
"Commission" means the technical commission established by article 7;
"Committee" or "Committees" means the technical committee or committees appointed under article 8;
"Council" means the National Council of the Maltese Language established by article 4;
"Executive Director" means the person appointed under article
12;
"financial year" means the period of twelve months closing on the 31st of December of each year:
Provided that the first financial year of the Council shall commence with the coming into force of this Act and terminate on the 31st
day of December of the year immediately following;
"linguistic policy" means a body of guide-lines which influence the linguistic expression of a people;
"t he Mal t ese Lang uag e " mea n s t h e nat i o n al l a ng uag e a s prescribed by article 5 of the Malta Constitution;
"Minister" means the Minister responsible for education;
"or g ans of the Cou n cil " i n clu d es th e Commissi on and th e
Committees;
"orthography" means the orthography of the Maltese Language as the standard system of writing in everyday use, established
and updated by L-Ak kad e mja tal-Ma lti and as expoun ded in th e documents: Tagħrif fuq il-Kitba Maltija published by the Għaqda tal-Kittieba tal-Malti in 1924; Żieda mat-Tagħrif published by L- Akkademja in its review Il-Malti in 1984; and Aġġornament tat- Ta g ħ ri f fuq il -Ki t ba Malt ij a p ubl ished by L-Ak kadem j a in it s review Il-Malti in 1992, and as subject to the provision of article
5(2);
"p rescri bed" mean s prescribed by regul at ion s made by th e
Minister under the provisions of this Act;
"public officer" has the same meaning as in article 124 of the
Malta Constitution;
"University" means the University of Malta mentioned in article
Cap. 327.
Principles and duties.
28 of the Education Act.
3.(1) (a) Maltese is the language of Malta and a fundamental element of the national identity of the Maltese people.
(b) The Maltese Language is an essential component of the
s p eech of the M a ltes e pe ople, distinguis hing the Maltese people from all other nations and giving the same people their best
means of expression.
(c) The Maltese State recognises the Maltese Language as a strong expression of the nationality of the Maltese, and for that purpose
acknowledges its unique im portance, and prot ects it from d e teri orat ion and perdition.
(d) The Maltese State shall make provision in such manner that the study of the Maltese Language in its linguistic, li ter ar y and
cu lt ur al m an ifestations sha ll always be given prim ary im portance in both state and other schools from the very first years
of education of all Maltese citizens.
(e) The Maltese State shall promote through all possible me an s t h e wide st us e o f the Maltese Lan guage i n education, b r oad
c asting and the media, at the law co urt s , an d in p o li ti cal , ad min ist r ati v e, eco n o mic, social and cultural life.
(f) The Maltese State shall lead in the creation of all possi bl e o ppo rt un it ies for the dev e lo pm en t o f th e
National Language and to assert its merited dignity.
(g) The Maltese State recognises, within the wider context of the M altese diaspora, that the Maltese Language should remain known
by and considered as a binding element of the Maltese people.
(2) The provisions of this article shall not be enforceable in any court of law, but the principles therein contained are nevertheless
fundamental to the safeguarding of the Maltese Language and it shall be the aim of the State to apply them and to comply therewith.
PART II
THE COUNCIL, ITS ORGANS AND THEIR ADMINISTRATION
(2) The Council shall be made of eleven members as follows: (a) a Chairman appointed by the Prime Minister and
chosen from among persons who are established and
qualified in the study of Maltese and who are recommended by L-Akkademja tal-Malti and by the Department of Maltese
Studies at the University;
(b) two persons appointed by the Prime Minister from persons nominated by and from among the members of the Technical Commission:
Establishment of the National Council of the Maltese Language.
Composition of the
Council.
Legal personality and Council representation.
Provided that until the Council appoints the Technical Commission, the Prime Minister may under this paragraph appoint
two persons whom he considers to be suitable;
(c) three persons respectively representing and nominated by L-Akkademja, the Department of Maltese Studies at the University, and
the Institute of Linguistics at the University;
(d) a representative of the Education Division coming from the National Curriculum Department and nominated by the
Minister;
(e) a representative of the Malta Council for Culture and the Arts nominated by it;
(f) the Attorney General, or his representative which representative shall be an expert involved in legal drafting and
translation;
(g) a representative elected in such manner as may be prescribed by and from among the members of the Committees
of the Maltese Language Associations listed in the Schedule;
(h) a representative of the Institute of Maltese Journalists.
(3) One of the other members of the Council referred to in subarticle (2) shall be appointed by the Prime Minister as Deputy
C h airman of the Council to pr es i d e ov e r th e s a me C o un ci l whenever the Chairman is absent.
(4) The Council shall be a body corporate having a distinct legal personality and capable, subject to the provisions of this
Act, to ent e r i n t o con t racts, pu rchase an d di spo s e of any k i n d of property for the purposes of its functions, to
sue and to be sued, and to enter all operations as may be incidental or conducive to the ex erc i s e or th e p e r f orma nc e of
i t s fu nctio ns un der th is Act, including the lending of money or requests for credit.
(5) The legal representation of the Council shall be vested jointly in the Chairman and in the Executive Director:
Provided that the Council may appoint any one or more of its members or of ficers or empl oyees t o act on behalf o f th e Council
in judicial proceedings and on any act, contract, instrument or any document whatsoever.
(6) Any document made or issued by the Council and signed by the Chairman, or issued by the Executive Director and signed by hi
m, may be p r oduced as evidence and shall, unl ess otherw ise proven, be deem ed t o be an in strum e nt made or issued by the
Council or by the Executive Director.
Functions of the
Council.
(2) The Council shall also update the orthography of the
the correct manner of writing words and phrases which enter the
Maltese Language from other tongues.
(3) In the execution of its functions and duties the Council shall -
(a) develop, motivate and enhance the recognition and expression of the Maltese Language;
(b) promote the dynamic development of such linguistic characteristics as identify the Maltese people;
(c) in consultation with the organs established by this Act, adopt a suitable linguistic policy backed by a strategic plan, and ensure
that the same are put into practice and observed in all sectors of Maltese life;
(d) ensure that the language policy decided by the Commission is put into practice so as to ensure its effective
and faithful implementation;
(e) evaluate and co-ordinate the work done by associations and individuals, in the Maltese Language sector and
to foster an atmosphere of co-operation through a consensual plan;
(f) draw the attention of all those who may contribute to the development of Maltese to work done in execution of the language policy
and, where necessary, to advise the Minister to commission any necessary assignment;
(g) seek to obtain financial resources locally and overseas in order to be able to strengthen its activities, especially
such resources as are already accessible to local and international organisations for research purposes, the promotion
of spoken languages by small nations, and other projects relating to the exchange of experts and research programmes;
(h) co-operate with persons, bodies and organisations in various fields of life in order to increase and augment the recognition
and appreciation of linguistic and cultural activities for the further advancement of the Maltese Language;
(i) establish a National Centre of the Maltese Language which, besides serving as the office of the Council, shall offer the
necessary printed and audiovisual resources to members of Maltese Language associations, institutions and
other interested persons;
(j) ensure full access to available statistical data and information for the use of the Council and its organs in the execution
of their duties under this Act.
(4) The Council shall establish and maintain regular and freq uent cont acts wit h l o cal, nat i onal and int e rnat
ional organisations which have functions similar to or complementary to those functions of the Council and establish exchanges of
views and resources with them.
Powers of the
Council.
Provided that on any linguistic issue of a technical- scientific nature, particularly in the execution of its function under
article 5(2), the Council shall act on the advice of the Commission:
Provided further that in the case of any disagreement with the Commission on any decision of a technical-scientific linguistic nature,
the Council shall have the right not to accept the position adopted by the Commission but the Council shall not have the right to
alter the same. The Council however shall in such case give its reasons to the Commission in writing within four weeks from the date
of such decision.
(2) Decisions of a technical-scientific linguistic nature referred to in the preceding subarticle shall come into force by virtue
of a notice published by the Council in the Gazette.
Technical
Commission.
Functions of the
Commission.
(a) a chairman; and
(b) the Heads of the Technical Committees established under article 8.
(2) The Executive Director shall be the non-voting Secretary of the Commission.
(3) The Commission shall -
(a) observe, analyse and evaluate the position of the Maltese Language in the context of the language situation in
Malta;
(b) draft the linguistic policy and recommend it to the
Council;
(c) encourage maturation in the study of linguistic planning with suitable courses in higher education, and also through
study grants to promising young people, visits by overseas planners and the setting up of a specialised library on the
subject.
Technical committees.
(2) Each Committee shall be a consultative organ for the discus sion of the linguistic policy to be adopted in specialised
se cto r s, s u ch as s p ec ific ter mino l ogy, transl ation s , th e med i a, linguistic research, orthography, literature and
the development of Maltese in information technology, and shall be composed of:
(a) a Head of Committee who shall be a person learned in such speciality, to be proposed from among qualified persons recommended
by L-Akkademja tal-Malti and by the Department of Maltese at the University, with the choice of the person to be made by the Council;
advice of the Head of the relevant Committee;
(c) two members selected for their contribution in the particular sector of activities in relation to which the Committee
is set up, to be proposed by the Commission on the advice of the Head of the Committee.
(3) The Committee may co-opt other persons as observer members with the right to attend and participate in the discussion
but who shall not have a right to vote.
(4) Every Committee shall -
(a) observe the situation of the Maltese Language, discuss all necessary measures for its development, and draft the linguistic policy
for its respective field;
(b) give its opinion to the Commission about issues connected with the respective field for which it was set up.
Functions of the
Committee.
(2) No person shall be qualified to be a member of the Council or of any of its organs if -
(a) he is a Minister, Parliamentary Secretary or a member of the House of Representatives; or
(b) he is a Judge or Magistrate.
(3) Without prejudice to the provisions of this article, the office of a member of the Council or of any of its organs shall become
vacant -
Common provisions to the Council and its organs.
(i) on the expiry of his term of office, or
(ii) if there are circumstances which, had such person not been a member of the Council, would have led to his disqualification
from being appointed as such, or
(iii) if he resigns from the Council or from any one of its organs by addressing a letter to the competent authority which had
appointed him under this Act, or
(iv) if he consistently shows a lack of interest in the activities and meetings of the Council or its organs.
(4) If a member resigns or if the office of a member of the Council is otherwise vacant or if a member cannot for any reason perform
the functions of his office, the competent authority which had appointed him under this Act may appoint another person to substitute
him as member on the Council or on such organ where his office became vacant.
(5) A member of the Council having any direct or indirect interest in an y cont ract made or prop osed to b e made b y
th e Council, which is not an interest that disqualifies such member f ro m st ill b eing a m emb er, shall state the natu re of
his int erest during the first sitting of the Council after he becomes aware of the re le va nt f act s. Such statement shall then
be regis t ered in the Council minutes, and the member having an interest as herebefore ment ioned shall withd r aw from a ll sitt
ings d u ring which such co ntr a c t i s di sc us s e d. Su ch s t a t e m en t s h al l b e rel a y e d to th e Minister without
delay. When the interest of the member is such as to disqualify him from still being a member, he shall report the fact immediately
to the Minister and hand in his resignation.
Provisions relating to proceedings of the Council and of its organs.
(2) Half the number plus one of members who at the time constitute the Council or of its organs shall form a quorum.
(3) The decisions of the Council and its organs shall be made by simple majority of the votes of members present and voting:
Provided that decisions of a technical-scientific linguistic nature shall only be taken by the Council by an absolute majority of
its members, by the Commission by a two-thirds majority of its members, and by the Committee by a three-quarters majority of its
members respectively.
(4) The chairman of the Council, or of its organs, or in the absence of the Chairman of the Council the Deputy Chairman, or whosoever
is appointed to act as chairman, shall have an original vote and in the case of an equality of votes, a casting vote.
(5) Without prejudice to any other requirement of this Act, no decision of the Council shall be valid unless it is at least supported
by three members of the Council.
(6) The Council or any of its organs may from time to time invite any person to attend any one or more of its meetings in order
to give expert advice about any matters which the Council may be discussing:
Provided that such person may only be invited for a limited number of sittings and only in relation to a particular issue and shall
not have any right to vote.
(7) Subject to the provisions of this Act and of any regulations which m a y be m a d e und er it, the Council and its organs shall
regulate their own procedures.
(8) Subject to the foregoing provisions in this article, no act or proceeding of the Council or of any of its or gans shall be
invali dat e d so lely on accoun t of the ex istence of an y vacancy among its members.
(9) Any act made by a person who acts bona fide as a member of the Council or of any of its organs shall be valid as if he were a member notwithstanding that it is subsequently
discovered that there was a defect in his appointment or qualifications.
(2) The Forum shall discuss the national policy on the Maltese Language as in force from time to time, and also the state of the
Mal t ese Language generally, after hearing a report about t h e activities of the Council and its organs prepared by the Executive
Director.
(3) The Minister shall regulate the procedures of the Forum and appoint its Chairman.
(4) The proceedings of the Forum shall be published and a copy shall be transmitted to the Minister.
(5) The Minister shall give previous public notice of at least one month before convening the Forum.
National Forum.
(2) The Executive Director shall be appointed by the Council with the concurrence of the Minister for a period of three years and
su ch peri od m ay b e ext ended for fu rt her perio ds of t hree years subject to a satisfactory performance of his functions:
Provided that the first Executive Director may be appointed by the Minister for a period of three years.
(3) The Executive Director shall attend each meeting of the
Council but he shall not have the right to vote:
Provided that the Council may, if it so deems fit, request the
Executive Director not to attend any sitting or part of a meeting.
(4) The Executive Director shall, subject to the general control and direction of the Council, be responsible for the performance
of th e functions of the Council in th e exerci se of his duties and, without prejudice to the generality of the foregoing, he shall
-
(a) assume full responsibility for the administration and organisation and the administrative control of the officers and employees
of the Council and its organs and, for such purpose, he shall assign to each officer or employee such duties as may be required;
Administration of the Council affairs and of its organs.
(b) develop the required strategies and execute the plans of the Council;
(c) advise the Council and its organs on any matter which may be referred to him or about any other matter which he considers
to be necessary or expedient;
(d) be responsible for the drafting of a plan of activity and for the preparation of the financial estimates, for the utilisation,
receipt and expenditure of funds under the direction and with the approval of the Council and to keep a detailed record of every
receipt and expenditure of funds. In the utilisation of funds and the keeping of records the Executive Director shall observe
the Government financial regulations; and
(e) perform such other duties as the Council may assign to him from time to time.
Relations between the Minister and the Council.
(2) The Council shall supply the Minister with facilities to obt ain i n form ati on ab out the property and t h e activities
of the Council and of its organs and also provide him with statements, accounts and all other information in that regard, and provide
all facilities for the verification of any information supplied, in such manner and within such times as he may require.
PART III
OFFICERS AND EMPLOYEES OF THE COUNCIL
Staff appointments. 14. Subject to the provisions of the Malta Constitution and of any other law applicable thereto, and without prejudice to the other p r ovi sions o f t h is Act , t h e app o int m ent of officers an d ot her employees for the due and efficient performance of the functions of the Council shall be made by the Council. The terms and conditions of employment shall be established by the Council in concurrence with the Minister within the framework of the terms and conditions applicable to public service employees.
Detailing of public officers for duty with the Council.
(2) The period during which such order as aforementioned shall apply to any officer who is specified therein shall, insofar as
such officer does not retire from the public service or otherwise ceases from remaining in office in a pr eceding date, or else
because a different date is specified in the order, cease with the occurrence of any of the following events, namely if:
(a) such officer accepts an offer of transfer to the service
of the Council and permanent employment therewith in terms of article 17; or
(b) the Prime Minister revokes an order made by him under this article relating to that officer.
(3) When such order as previously mentioned is revoked by the Prime Minister with regard to any officer, the Prime Minister may
by further order engage such officer to perform duties with the Council in such capacity and with effect from such date as may be
specified in the further order, and the provisions of subarticle (2) shall, upon such occurrence, apply to the period during which
such further order subsists with regard to such officer.
(2) Without prejudice to the aforementioned generality, an officer who is detailed as herein previously mentioned -
(a) shall not, during such period during which he is so engaged -
(i) be precluded from applying for a transfer to any other Government department according to the terms and conditions of service
applicable to his appointment with Government applicable on the date when he was so detailed work; or
(ii) be employed in such manner that his remuneration and conditions of service are less favourable than
those applicable to his appointment with Government and which he is enjoying on the aforementioned date or which would
otherwise be applicable to that appointment, during such period, had that officer not been so detailed with the
Council; and
(b) shall have the right to have his service with the Council considered as a service with Government for the purposes of
his pension, gratuity, or benefit under the Pensions Ordinance and the Widows and Orphans Pensions Act, and of any other right privilege to which he would have been detailed, and he shall be responsible for all that
which he may be responsible for, had he not been detailed with the Council.
(3) When an application is made as provided in subarticle (2)(a)(i), it shall be given the same consideration as if the applicant was not detailed for service with the Council.
(4) The Council shall make such contributions to the Government as may from time to time be established as pension
and gratuity which an officer who is detailed with the Council as afo r emen ti oned may earn du ring t h e peri od in wh ich he
is so detailed.
Status of public officers detailed to work with the Council.
Cap. 93. Cap. 58.
Offer of permanent employment with the Council made to public officers detailed with the Council.
Cap. 93. Cap. 58.
Cap. 93. Cap. 58.
(2) The terms and the conditions comprised in any offer made as aforementioned shall not be deemed to be less favourable solely
because they are not identical in all respects with or better than those which the officer involved would be enjoying on the date
of such offer, if such terms and conditions, taken together, are, in the op inio n of the Prim e Mini st er, benef its whi ch are
substant ially equivalent or better.
(3) Every public officer who accepts permanent employment o f fered to h i m wi th in the Cou n ci l, un der th e p r o v isi
ons of subarti c l e (1), shal l f o r all pu rpo s es o t her t h an t hose of th e Pensions Ordi na nce and the Widows and Orphans Pensio ns Ac t, and saving the provisions of subarticle (6), terminate his service with Government and enter service with the Council as from the
date on which he accepts, and for the purposes of that Ordinance and of that Act, insofar as they are applicable to him, service
with the Council shall be deemed as service with Government within the parameters of the respective relative meanings.
(4) Any officer as hereinbefore mentioned who, immediately before accepting a permanent employment with the Council had a right
to a benefit under the Pensions Ordinance or the Widows and Orphans Pensions Act, shall continue to have such right to a benefit under such Ordinance and such Act for all purposes as if his service with the Council
was service with the Government.
(5) The Council shall pay to Government such contributions which may from time to time be established by the Minister responsible
for finance in respect of the expenditure relating to pensio ns an d gratuities earned by an o fficer who has accepted permanent
employment within the Council as herein previously mentioned during the period commencing on the date of acceptance of such officer.
Cap. 93. (6) (a) For the purposes of the Pensions Ordinance, the pensionable emoluments of such public officer who accepts employment within the Council, on retirement shal l be d eemed
to be the pen si onab l e e m ol um ent s payable to an officer in Government service in a grade and at an incremental level which
corresponds to the office held by the officer on retiring from service with the Council.
(b) For the purposes of the previous paragraph, the offices an d salary g r ad es o f a pu bli c of ficer wh o accepts employment
with the Council shall be classified as far as can be corresponding to the grades and increments levels in government service by
reference to the office, skill, responsibility and other factors.
(c) The classification mentioned in paragraph (b) shall be
made by a board composed of a chairman appointed by the Minister responsible for finance and of two other mem b ers, one of whom appo
inted by the Minister centrall y respon sibl e for staff pol icy in th e pu bli c service and the other appointed by the Council.
The classifica tion shall be ma de subjec t to the final approval of the Minister responsible for finance.
(d) Such classification shall be made within three months from the adjustment of the salaries of employees in Go vern m e nt s e rv
i ce and , o r, of e m p l oy ees of th e Council.
(e) No post may be classified at a grade higher that Grade
3 in Government service or such other higher grade which the Minister responsible for finance may from
time to time by notice in the Gazette establish.
(7) Without prejudice to article 113 of the Constitution, no person may, after the classification as aforementioned, be
entitled t o rig h ts und er the said Pensio ns Ordi nan c e , which are less favourable than those to which he would have been entitled prior to such classification.
PART IV
FINANCIAL PROVISIONS
Provided that the estimates for the first financial year of the Council shall be prepared and adopted within such time as the Minister
may specify by notice in writing to the Council.
(2) In preparing its estimates the Council shall consider any o t her fund s and moni es whi c h may b e due t o i t o u t of
the Consolidated Fund during the relevant financial year, whether by virtue of this Act or of any appropriation Act, or any other
law.
(3) The estimates shall be made in such manner and shall contain such information and such comparisons with previous years
as the Minister responsible for finance may order.
(4) A copy of the estimates shall be sent forthwith by the
Council, as soon as they are adopted, to the Minister and to the
Cap. 93.
Financial advances by the
Government.
The Council budget.
Minister responsible for finance.
(5) The Estimates of the Council shall not enter into force until they are approved by the Minister and the Minister responsible
for finance.
Expenditure to be according to the approved budget.
(2) Saving any money generated by the Council itself or which is received from non-State sources, the Council shall operate within the limits of the capital and recurrent expenditure allocated to it by the Minister as authorised by the Minister responsible for finance.
Accounts, auditing and encashments.
(2) The accounts of the Council shall be audited by an auditor or auditors appointed by the Council and they shall be approved
by the Minister:
Provided that the Minister responsible for finance may, after consultation with the Minister, request that the books and accounts
of the Council be audited or examined by the Auditor General who shall for that purpose have the power to effect such ph ysi cal
aud i t an d any o t h e r veri fi cati o n w h i c h he may deem necessary.
(3) The Council shall, at the request of the Minister or of the Minister responsible for finan ce, present reports and accounts
relating to the administration as may be required. The Council shall ensure that a copy of the duly audited statement of accounts
is sent to the Minister and to the Minister responsible for finance together with a copy of any report made by the auditors relating
to such statement or to the accounts of the Council.
(4) Cheques issued by, and any withdrawal from any bank account pertaining to the Council shall be signed by the Executive
Director and shall be countersigned by the Chairman, or by such member or other officer of the Council as may be authorised by the
Council for such purpose.
Annual report. 22. The Council shall, by not later than the 31st March of each year transm it to the Mini ster a copy of its audited statement of accounts for the immediately preceding financial year, a copy of the auditor ’s or the auditors’, report relating to such statement or to the accounts of the Council, together with a report dealing in general with the activities of the Council during that financial year and which contains such information relating to the proceedings and policy of the Council. The Minister shall ensure that a copy of any such report is laid on the Table of the House and is presented to the Minister responsible for finance and to the Auditor General as soon as possible.
PART V
MISCELLANEOUS
23. The members of the Council and all officers and employees of the Council shall be deemed to be public officers for all purposes of
the Criminal Code.
(a) amend the Schedule;
(b) regulate administrative and organisational procedures to be followed by the Council, by its organs and by the Executive Director;
(c) regulate any matter concerning the officers and employees of the Council and which is not already specifically
regulated by this Act;
(d) regulate any matter concerning the expenditure and income of the Council, its estimates and accounts, and their audit;
(e) regulate the manner in which elections are held, and the right of Council members to vote in such elections as mentioned in article
4(2)(e).
Persons considered as public officers.
Cap. 9.
Power to make regulations.
SCHEDULE
(Articles 4 and 24)
LIST OF MALTESE LANGUAGE ASSOCIATIONS
• L-Għaqda tal-Malti (Università) set up in 1931
• L-Għaqda tal-Poeti Maltin set up in 1975
• L-Għaqda tal-Għalliema tal-Malti set up in 2000
• L-Għaqda tal-Qarrejja tal-Provi tal-Malti set up in 2010
Substituted by: L.N. 79 of 2011.
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