[ S.L.117.16 REQUISITION OF CEMENT 1 SUBSIDIARY LEGISLATION 117.16 REQUISITION OF CEMENT REGULATIONS 19th October, 1972 LEGAL NOTICE 89 of 1972, as amended by Legal Notice 409 of
- The title of these regulations is the Requisition of Cement Regulations. Title.
- In requires - Interpretation. these regulations, unless the context otherwise "Minister" means the Minister responsible for trade; "person" includes any body of persons; "requisition" means the taking possession by the Minister or the placing at his disposal, of any cement including cement in bulk or in bags or otherwise contained, stored or stacked; "req ui sit ion ee" mean s t he person or p ersons from who se possession cement is requisitioned by the Minister.
- The Minister may, by order, requisition any cement from any requisitionee and may give such directions as appear to him necessary or expedient in order that the requisition may be put into effect and complied with. Power of requisition.
- The Minister or any other officer deputed by him for that purpose may enter any premises or board any ship or vessel with a view to securing compliance with these regulations. Power of entry. 5.
(1)Any person who contravenes or fails to comply with any requisition order made by the Minister under regulation 3 or who performs any act or omits to perform any act knowing or having reasonable cause to believe that such act or omission is likely to frustrate, hinder or obstruct the execution of any measure or direction connected with such requisition order, shall on conviction be liable to a fine (multa) of not less than one thousand a nd o ne h un dr e d a n d s i xt y- f ou r e u ro s a nd s i xt y- n in e c e nt s (1,164.69) and not exceeding two thousand and three hundred and twenty-nine euros and thirty-seven cents (2,329.37) or to imprisonment for a period not exceeding six months or to both such fine and imprisonment. Offences and penalties. Amended by: L.N. 409 of 2007.
(2)Without prejudice to the powers given to the Minister by regulation 4, the competent court, besides awarding punishment, shall order the offender to comply with these regulations, within a time to be fixed by the court; and if the offender fails to comply with any such order within the time so fixed he shall be liable to a fine (multa) of from two hundred and thirty-two euros and ninetyfour cents (232.94) to six hundred and ninety-eight euros and eighty-one cents (698.81) for every day the default continues after the expiry of the said time. 6. The Minister responsible for trade may use or authorise the Discretionary powers of Minister. 2 [ S.L.117.16 REQUISITION OF CEMENT disposal of any cement so requisitioned under these regulations in such manner and subject to such conditions as he considers expedient having regard to the public interest. Compensation for requisitioned cement. 7.
(1)In default of agreement between the Minister and the requisitionee, the compensation payable to the latter shall be such as is deemed fair and reasonable in all the circumstances of the case by a Board to be composed as follows: (
- a)a Magistrate, to be appointed by the Prime Minister, to be Chairman; (
- b)a person to be appointed by the Minister as his representative; and (
- c)a person to be appointed by the requisitionee as his representative.
(2)If the requisitionee does not appoint his representative within the period of seven days from the day on which he is asked in writing to do so by the Minister, the Minister shall appoint a third member to represent the requisitionee. Cap. 12.
(3)The Board shall regulate its own procedure subject to the rules of natural justice and shall have the same powers as are by the Code of Organization and Civil Procedure conferred on the Court of Magistrates (Malta) or the Court of Magistrates (Gozo) to call witnesses and hear evidence on oath; summons to witnesses shall be signed by the Chairman.