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The Housing Authority (Amendment) Act (Act No. Xxviii Of 2007)

AN ACT to amend the Housing Authority Act, Cap. 261

BE IT ENACTED by the President, by and with the advice and consent of the House of Representatives, in this present Parliament assembled, and by the authority of the same, as follows>

Short title and commencement.

Cap. 261.

Amendment of article 2

of the principal

Act.

1. (1) The short title of this Act is the Housing Authority (Amendment) Act, 2007, and this Act shall be read and construed as one with the Housing Authority Act, hereinafter referred to as “the principal Act”.
(2) The provisions of this Act shall come into force on such date as the Minister responsible for social policy may by notice in the Gazette appoint, and different dates may be so appointed for different purposes and for different provisions of this Act.
2. Article 2 of the principal Act shall be amended as follows> (a) immediately after the definition “Authority” there shall
be inserted the following new definition>
“ “Board” means the Board established by article 6<”< (b) in the definition “financial year” for the words “30th
September” there shall be substituted the words “31st December”<
(c) immediately after the definition “operative date” there shall be inserted the following new definitions>
““public officer” shall have the same meaning assigned to it by article 124 of the Constitution<
“title”, in relation to article 12, means any title over immovable property sohowever called or described and includes any title mentioned in paragraphs (a), (b) and (c) of article 5 of the Land Acquisition (Public Purposes) Ordinance and any rights over the said property exercised in terms of the provisions of the said Ordinance<”.
3. Article 3 of the principal Act shall be amended as follows> (a) in sub-article (2) thereof, for the words “and shall be
capable of entering into contracts, of acquiring, holding and
disposing of any property for the purpose of its functions” there shall be inserted the words “and shall be capable, subject to the provisions of this Act, of entering into contracts, of acquiring, holding and disposing of any property or rights for the purpose of its functions”<
(b) immediately after sub-article (2) there shall be inserted the following new sub-article>
“(3) The Authority shall be composed of the Chairman appointed under article 5 (2) and the Board established under article 6.”.
4. Article 4 of the principal Act shall be amended as follows> (a) sub-article (2) thereof shall be deleted and substituted
with the following>
“(2) Subject to the provisions of this Act and without prejudice to the generality of sub-article (1), the Authority may>
(a) acquire, hold, purchase, administer and in any manner dispose of, any property both movable and immovable>
Provided that in the disposal of Government owned non-residential property situated in government housing estates which is transferred to the Authority in
A 1221

Cap. 88.

Amendment of article 3

of the principal

Act.

Amendment of article 4

of the principal

Act.

A 1222

Cap. 268.

Cap. 125.

accordance with article 12, the Authority shall act in accordance with the provisions of the Disposal of Government Land Act which shall for the purposes of this proviso apply mutatis mutandis to the Authority<
(b) develop, or cause the development of, any land for residential and commercial purposes and for purposes connected therewith or ancillary thereto<
(c) construct, or cause the construction of, any property for residential and, or commercial purposes and for purposes connected therewith or ancillary thereto<
(d) provide, manage, administer and revise schemes related to housing<
(e) administer, maintain, upkeep, carry out structural repairs of residential and commercial accommodation and general repairs of common areas of properties owned or administered by it and related facilities and amenities<
(f) develop and embellish areas surrounding properties owned or administered by it, including public areas, gardens, recreational facilities and open spaces<
(g) carry out urban regeneration and landscaping< (h) carry out evictions and other law enforcement
related to property owned or administered by it<
(i) collect rent, ground rent or other annuities or arrears from all properties owned or administered by it<
(j) assume all the powers, rights and obligations vested in the Director of Social Housing emanating from the Housing Act or any other law<
(k) finance the acquisition and the development of any land, whether such acquisition or development is to be made by the Authority or by others, including individuals<
(l) make any form of investment which the
Authority may deem proper or expedient<
(m) make such payments, whether by way of subsidy or otherwise which it may deem appropriate for any of the purposes aforesaid and for any other purpose related to its functions<
(n) act by agreement with the Government as agent for implementing, or in furtherance of, the policy of the Government with respect to housing, including any project or plan of the Government relating to housing<
(o) advise the Minister, on any matter relating to its functions or which the Minister may from time to time refer to the Authority for advice<
(p) generally do all such things as may be incidental or conducive to any of its functions or to the exercise of any of its powers.”<
(b) sub-article (3) thereof shall be amended as follows>
(i) paragraph (a) thereof shall be deleted and substituted with the following>
“(a) where the function or power involves the development of land by the erection or construction thereon, or the carrying out of any structural repairs or the maintenance of any buildings or other works, the Authority may carry out such functions directly or by means of a grant of contract of works<”<
(ii) paragraph (b) thereof shall be deleted and paragraphs (c) and (d) thereof shall be renumbered as paragraphs (b) and (c) respectively<
(iii) in the new paragraph (b) as renumbered for the words “with the approval of the Prime Minister, and shall, if the Prime Minister so directs” there shall be substituted the words “with the approval of the Minister, and shall, if the Minister so directs”.
5. Article 5 of the principal Act shall be amended as follows> (a) sub-article (1) thereof shall be amended as follows>
A 1223

Amendment of article 5

of the principal

Act.

A 1224

Amendment of article 6

of the principal

Act.

(i) for the words “The affairs and business of the Authority shall be the responsibility of and shall be conducted by the Authority itself< but, save as aforesaid and subject to the provisions of this Act and to any directions of the Authority” there shall be substituted the words “The affairs, business and the carrying out of the functions of the Authority shall be the responsibility of the Board< but subject to the provisions of this Act and to any directions of the said Board”<
(ii) for the word “servants” there shall be substituted the word “employees”<
(iii) for the words “delegated to him by the Authority” there shall be substituted the words “delegated to him by the Board”< and
(b) for sub-article (2) thereof, there shall be substituted the following>
“(2) The Chairman of the Authority shall be appointed by the Minister for such period as the Minister may deem appropriate. The Minister may also designate another member of the Board as deputy chairman, and the member so designated shall have all the powers and perform all the functions of the Chairman during his absence or inability to act as chairman, or while he is on vacation, or during any vacancy in the office of chairman< and the Minister may also, in any of the circumstances aforesaid, appoint another person to act as chairman and in such case the foregoing provisions shall apply in respect of such person.”.
6. For article 6 of the principal Act there shall be substituted the following>

“Board of Directors of the Housing Authority

6. (1) There shall be a Board of Directors of the Housing Authority, which shall be composed of the Chairman and a minimum of six but not more than ten other voting members.
(2) The members of the Board shall be appointed, by the Minister, from among persons who appear to him to be qualified by reason of having had experience of, and shown capacity in, matters relating to housing or property development, banking, finance, architecture, design, social policy, management, organisation of workers or employees,
industry, trade or administration, and the Minister may also choose one or more members from among public officers.
(3) The Board shall be responsible for the formulation of policies to be pursued by the Authority in the carrying out of its functions. In determining policies the Board shall follow such guidelines as may be set out by Government. Such policies shall be in writing and shall be made public.
(4) The members of the Board shall receive, out of funds of the Authority, such remuneration as the Minister may, from time to time, determine.
(5) The provisions of the Criminal Code in respect of public officers or employees shall apply to the members of the Board and to all other officers and employees of the Authority.
(6) A person shall be disqualified for appointment to, or from remaining a member of, the Authority if he>
(a) is a member of the House of Representatives, or of a Local Council, or a candidate for election to the House of Representatives or to a Local Council< or
(b) has such a financial or other interest in any enterprise or activity as is likely to affect prejudicially the discharge by him of his functions as a member of the Authority< or
(c) is legally incapacitated or interdicted< or
(d) has been adjudged bankrupt or has made a composition or arrangement with his creditors< or
(e) has been convicted of a crime affecting public trust or of theft or of fraud or of knowingly receiving property obtained by theft or fraud.
(7) Subject to the provisions of sub-article (8), the members of the Authority shall hold office for such period and on such terms and conditions as the Minister
A 1225

Cap. 9.

A 1226

Amendment of article 7

of the principal

Act.

may deem appropriate< and a member shall, on ceasing to be a member, be eligible for reappointment.
(8) A member of the Authority may resign from office by letter addressed to the Minister< and if during his tenure of office there is a change in the person of the Minister, every such member shall tender his resignation to the new Minister.
(9) A member of the Authority may be removed from office by the Minister if, in his opinion, such member is unfit to continue in office< or has become incapable of, or is not, properly performing his duties as a member< or in the event of any of the circumstances which disqualify such person from remaining a member of the Authority.
(10) The appointment and termination of office of any person as member of the Authority shall be notified in the Gazette.
(11) Any member of the Authority who has any direct or indirect interest in any contract made or proposed to be made by the Authority, not being an interest which disqualifies such member from remaining a member, shall disclose the nature of his interest at the first meeting of the Board after the relevant facts have come to his knowledge< such disclosure shall then be recorded in the minutes of the meeting of the Board, and the member having an interest as aforesaid shall withdraw from any meetings at which such contract is discussed or decided on by the Board. Any such disclosure shall be communicated to the Minister without delay. Where the interest of the member is such as to disqualify him from remaining a member, he shall report the fact immediately to the Minister and tender his resignation.”.
7. Article 7 of the principal Act shall be amended as follows> (a) for the marginal note thereto, there shall be substituted
the words “Provisions with respect to meetings of the Board.”<
(b) in sub-article (1) thereof, for the words “The meetings of the Authority” there shall be substituted the words “The Board shall meet as often as necessary or expedient, but in no case less
frequently than once a month. The meetings of the Board”, and for the words “by at least two members of the Authority” there shall be substituted the words “by a majority of the members of the Board”<
(c) for the word “Authority” wherever this occurs there shall be substituted the word “Board”<
(d) in sub-article (4) for the words “shall be invalidated by reason of” there shall be substituted the words “shall be invalidated merely by reason of” and for the words “the provisions of article 6 (6)” there shall be substituted the words “the provisions of article
6 (11)”<
(e) immediately after sub-article (5) there shall be inserted the following new sub-article (6)>
“(6) Minutes of the proceedings of the Board and of any committee thereof shall be kept. For this purpose and for the keeping of the relevant records, the Minister shall designate a person to act as secretary to the Board for such period and on such terms as the Minister may deem appropriate. The secretary to the Board shall not have a vote.”.
8. The proviso to sub-article (1) of article 8 of the principal Act shall be deleted and substituted with the following>
“Provided that the Board may designate any one or more of the other members of the Board, or of the officers or employees of the Authority, to appear in the name and on behalf of the Authority in any judicial proceedings and to sign for and on its behalf any other act, contract, instrument or other document whatsoever.”.
9. Article 9 of the principal Act shall be amended as follows>
(a) in sub-article (1) thereto for the words “its affairs accordingly>” there shall be substituted the words “its affairs accordingly.” and the proviso thereto shall be deleted<
(b) sub-article (2) thereof shall be deleted and substituted with the following>
“(2) The Minister shall, from time to time, establish committees as necessary to assist the Chairman in the discharge of his duties.”< and
A 1227

Amendment of article 8

of the principal

Act.

Amendment of article 9

of the principal

Act.

A 1228

Amendment of article 10

of the principal

Act.

Amendment of article 12

of the principal

Act.

Amendment of article 13

of the principal

Act.

Amendment of article 14

of the principal

Act.

Amendment of article 16

of the principal

Act.

Amendment of article 17

of the principal

Act.

(c) in sub-article (3) thereof, for the words “of the Authority” there shall be substituted the words “of the Board and any committees”.
10. In article 10 of the principal Act, for the word “servants”
wherever it occurs there shall be substituted the word “employees”.
11. In article 12 of the principal Act, for the words “and published in the Gazette” there shall be substituted the words “and published by legal notice”, and for the words “before such day.” there shall be substituted the words “before such day>”, and immediately thereafter there shall be inserted the following proviso>
“Provided that any such order may also provide for the transfer of the administration or other rights pertaining to Government in relation to such immovable assets.”.
12. Article 13 of the principal Act shall be amended as follows> (a) in sub-article (4) thereof, for the words “by the Authority,
be sent forthwith by the Authority to the Minister” there shall be
substituted the words “by the Board, be sent forthwith by the Board to the Minister”< and
(b) in sub-article (5) thereof, for the words “from the
Authority” there shall be substituted the words “from the Board”.
13. In paragraph (d) of sub-article (2) of article 14 of the principal Act, for the words “the Authority may adopt” there shall be substituted the words “the Board may adopt”.
14. Article 16 of the principal Act shall be amended as follows> (a) in sub-article (2) thereof, for the words “by the
Authority” there shall substituted the words “by the Board”< and
(b) in sub-article (3) thereof, for the words “the Authority shall” there shall be substituted the words “the Board shall”.
15. Article 17 of the principal Act shall be amended as follows> (a) in sub-article (1) thereof, for the words “by a resolution
of the Authority.” there shall be substituted the words “by a
resolution of the Board.”, and for the words “except such sum as the Authority may” there shall be substituted the words “except such sum as the Board may”<
(b) in sub-article (2) thereof, for the words “not exceeding a sum fixed by the Authority, shall be made by such officer or officers of the Authority as the Authority shall appoint” there shall be substituted the words “not exceeding a sum fixed by the Board, shall be made by such officer or officers of the Authority as the Board shall appoint”< and
(c) in sub-article (3) thereof, for the words “or designated by the Authority for that purpose and shall be countersigned by the Chairman or such other member or officer of the Authority as may be authorized by the Authority for that purpose” there shall be substituted the words “or designated by the Board for that purpose and shall be countersigned by the Chairman or such other member of the Board as may be authorized by the Board for that purpose”.
16. In article 18 of the principal Act for the words “under article
9 (1),” there shall be substituted the words “under article 9,”.
17. In paragraph (c) (iii) of sub-article (1) of article 20 of the principal Act for the word “servant” wherever it occurs there shall be substituted the word “employee”.
18. Immediately after article 20 of the principal Act, there shall be inserted the following new articles 21 to 26>

“Detailing of 21. (1) The Prime Minister may, at the request of

A 1229

Amendment of article 18

of the principal

Act.

Amendment of article 20

of the principal

Act.

Addition of new articles

21 to 26

to the principal

Act.

public officers

for duty with

the Authority made with the concurrence of the Minister, from

the Authority. time to time, direct that any public officer be detailed for duty with the Authority in such capacity and with effect from such

date as may be specified in the direction.
(2) 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 period is specified in the direction, end on the happening of the following events>
(a) the acceptance by such officer of an offer of permanent employment with the Authority made in accordance with the provisions of article 23< or
(b) the revocation by the Prime Minister of any direction made by him under this article in relation to such officers.
A 1230

Status of public officers detailed for duty with the Authority.

Cap. 93. Cap. 58.

22. (1) Where any officer is detailed for duty with the Authority by any direction under any of the provisions of article 21, such officer shall, during the time in which such direction has effect in relation to him be under the administrative direction and control of the Authority but shall for other intents and purposes remain and be considered and treated as a public officer.
(2) Without prejudice to the generality of the foregoing, a public officer detailed for duty as aforesaid>
(a) shall not during the time while such officer is so detailed>
(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 that public officer at a date on which he was detailed for duty< or
(ii) be so employed that the remuneration and conditions of service are less favourable than those which are attached to the appointment under the Government held by that public officer at the date he was detailed for duty as aforesaid or which would have become attached to such appointment, during the said period, had such officer not been detailed for duty with the Authority< and
(b) shall be entitled to have his service with the Authority considered as service with the Government for the purpose of any pension, gratuity, or benefit under the Pensions Ordinance and the Widows’ and Orphans’ Pension Act, and of any other right or privilege to which that public officer would be entitled, and shall be liable to any liability to which he would be liable, but for the fact that he is detailed for duty with the Authority.
(3) Where an application is made as provided in sub-article (2) (a) (1), the same consideration shall be given thereto as if the applicant had not been detailed for duty with the Authority.

Offer of permanent employment with the Authority to public officers detailed for duty with the Authority.

(4) The Authority shall pay to the Government such contributions as may from time to time be determined by the Minister responsible for finance in respect of the cost of pensions and gratuities earned by an officer detailed for duty with the Authority as aforesaid during the period in which such officer is so detailed.
23. (1) The Authority may, with the approval of the Prime Minister, offer to any officer detailed for duty with the Authority under any of the provisions of article 21 permanent employment with the Authority at a remuneration and on terms and conditions not less favourable than those enjoyed by such officer at the date of such offer.
(2) The terms and conditions comprised in any offer made as aforesaid shall not be deemed to be less favourable merely because they are not in all respects identical with or superior to those enjoyed by the officer concerned at the date of such offer, if such terms and conditions, taken as a whole, in the opinion of the Prime Minister offer substantially equivalent or greater benefits.
(3) Every officer who accepts permanent employment with the Authority offered that officer, under the provisions of sub-article (1), shall for all purposes other than those of the Pensions Ordinance and of the Widows’ and Orphans’ Pensions Act, be deemed to have ceased to be in service with the Government and to have entered into service with the Authority on the date of such acceptance, and for the purposes of the said Ordinance and of the said Act, so far as applicable to that officer, service with the Authority shall be deemed to be service with the Government within the meanings thereof respectively.
(4) Every such officer as aforesaid who, immediately before accepting permanent employment with the Authority was entitled to benefit under the Widows’ and Orphans’ Pensions Act, shall continue to be so entitled to benefit thereunder to all intents as if service with the Authority, were service with the Government.
(5) The Authority shall pay to the Government such contributions as may from time to time be determined by the Minister responsible for finance in respect of the cost of pensions and gratuities earned by an officer who has accepted permanent employment with the Authority as
A 1231

Cap. 93. Cap. 58.

A 1232

Transfer of

aforesaid during the period commencing on the date of such officer’s acceptance.
(6) For the purposes of this article>
(a) posts and salary grades with the Authority shall be classified in the most nearly corresponding grades and incremental levels in the service under the Government by reference to job description, skills, responsibilities and other analogous factors<
(b) the classification referred to in paragraph (a) shall be carried out by a board composed of a chairman appointed by the Minister responsible for finance and two other members, one appointed by the Minister responsible centrally for personnel policies in the public service and one appointed by the Authority. The classification shall be subject to the final approval of the Minister responsible for finance<
(c) such classification shall take place within three months of any adjustment of salaries of employees in Government service and, or of employees of the Authority<
(d) no post shall be classified in a grade higher than that of Grade 3 in the service of the Government or such other grade as the Minister responsible for finance may, from time to time, determine by notice in the Gazette<
(e) without prejudice to article 113 of the Constitution, no person may, following a classification as aforesaid, be entitled to rights under the Pensions Ordinance less favourable than those to which that person would have been entitled prior to such classification.
24. (1) With effect from the date of entry into force

functions and of this article, all rights, obligations, functions and assets

Authority.

previously pertaining to the Director of Social Housing shall, by virtue of this Act, and without further assurance, be transferred to, and shall vest in the Authority under the same title and authority by which they were held by the Director immediately before that day.

Construction of existing laws, contracts etc.

Transitory provisions.

(2) Such transfer shall extend to the whole of such assets, rights, and obligations and shall include all land, works and other property, movable and immovable, powers, privileges and causes of action held or enjoyed in connection therewith or appertaining thereto.
25. Subject to the provisions of this Act, all laws, rules, regulations, orders, judgments, documents, warrants, agreements and other working arrangements subsisting immediately before the date of entry into force of this article, affecting anything transferred to the Authority by virtue of this Act shall have full force and shall be valid against or in favour of the Authority and shall be enforceable as if, instead of the Government, the Authority had been named therein or had been a party thereto, as the case may be.
26. (1) Where anything has been commenced by or under the authority of the Government prior to the date of entry into force of this article and such thing is in relation to anything transferred to the Authority by virtue of this Act, such thing may be carried on and completed by or under the authority of the Authority.
(2) Where on the date of entry into force of this article any legal proceeding is pending to which the Government is a party or is entitled to be a party and such proceeding has reference to anything transferred to the Authority by virtue of this Act, the Authority shall be substituted in such proceeding for the Government and shall be entitled to be so substituted.
(3) The Minister may by order make such incidental, consequential and supplemental provisions as may be necessary or expedient for the purpose of securing and giving full effect to the transfer of any undertaking or any right, power, liability or obligation to the Authority by or under this Act and may make such orders as may be necessary to make any powers and duties exercised by the Government, in relation to anything transferred to the Authority by virtue of this Act, exercisable by and on behalf of the Authority.”.
A 1233
19. Article 2 of the Commissioner of Land Ordinance shall be amended as follows>
(a) for the words “Subtitle VI of Title VIII of Part I of Book
Second, article 590 (2), article 627, article 637 (3), article 742 and

Consequential amendment

of the

Commissioner

of Land Ordinance.

A 1234

Cap. 169.

article 873 of the Code of Organization and Civil Procedure” there shall be substituted the words “Subtitle VI and VII of Title VIII of Part I of Book Second, article 590 (2), article 627, article 637 and article 873 of the Code of Organization and Civil Procedure”< and
(b) in the second proviso thereto, for the words “as the case may be.” there shall be substituted the words “as the case may be>”, and immediately thereafter there shall be inserted the following new proviso>
“Provided further that in respect of such immovable assets that may from time to time be specified in an order made by the President and published in the Gazette in terms of article 12 of the Housing Authority Act, and any other immovable assets acquired and administered in terms of paragraph (a) of sub-article (2) of article 4 of the said Act, the Housing Authority established under article 3 of the Housing Authority Act shall exercise the rights and responsibilities referred to in this article, and the provisions of the Land (Compulsory Eviction) Act shall for the purpose of any such land be read and construed as if any reference therein to the Commissioner of Land were a reference to the Chairman of the Housing Authority, and the provisions of article 181, of Subtitles VI and VII of Title VIII of Part I of Book Second, of sub-article 2 of article 590, of article 627, of article 637, and of article 873 of the Code of Organization and Civil Procedure shall apply, in relation to such immovable assets, to the Housing Authority and the Chairman of the Housing Authority, as the case may be.”.
__________
Passed by the House of Representatives at Sitting No. 599 of 10th December,
2007.
ANTON TABONE

Speaker

RICHARD J. CAUCHI

Clerk to the House of Representatives

Ippubblikat mid-Dipartiment ta’ l-Informazzjoni (doi.gov.mt) — Valletta — Published by the Department of Information (doi.gov.mt) — Valletta

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press

Prezz#Price

Lm0.64 (€1.49)