In short
This law transfers the rights and liabilities concerning government-owned immovable property from the Accountant General to the Commissioner of Land. It also specifies exceptions where other entities, like the Malta Development Corporation or the Housing Authority, handle these responsibilities for certain properties.
What it regulates
- The transfer of rights and liabilities related to government immovable property.
- The exercise of these rights and responsibilities by the Malta Development Corporation for specified land.
- The exercise of these rights and responsibilities by the Housing Authority for specified immovable assets.
- The assignment of specific duties of the Commissioner of Land to other designated persons by the Minister.
Who it concerns
- The Accountant General, whose rights and liabilities are transferred.
- The Commissioner of Land, who receives these transferred rights and liabilities.
- The Malta Development Corporation and its Chairman, for specific land.
- The Housing Authority and its Chairman, for specific immovable assets.
- Any other authority or person designated by regulations to replace the Malta Development Corporation.
- Any person designated by the Minister to carry out specific duties of the Commissioner of Land.
Key points
- All rights and liabilities related to government immovable property previously held by the Accountant General are transferred to the Commissioner of Land.
- For land specified in a President's Order published in the Gazette, the Malta Development Corporation exercises these rights and responsibilities.
- For immovable assets specified in a President's Order or acquired under the Housing Authority Act, the Housing Authority exercises these rights and responsibilities.
- The Minister responsible for land may assign specific duties of the Commissioner of Land to other designated persons, but the overall rights and responsibilities remain with the Commissioner of Land.
📄 Legal text
COMMISSIONER OF LAND
[CAP. 169.
1
CHAPTER 169
COMMISSIONER OF LAND ORDINANCE
To provide that certain rights and liabilities of the Accountant General
shall be transferred to the Commissioner of Land.
9th February, 1962
ORDINANCE XI of 1962, as amended by Acts XXII of 1991, III of 2004,
XIV of 2006, XXVIII of 2007 and XXVI of 2015.
1.
The short title of this Ordinance is the Commissioner of
Land Ordinance.
Short title.
2.
All rights and liabilities, whether vested or contingent,
relating to immovable property belonging to, or possessed, held or
administered by the Government, or relating to the administration
thereof, to which the Accountant General was entitled or subject
immediately before the date of commencement of this Ordinance
shall by virtue of this Ordinance be transferred to the
Commissioner of Land:
Transfer of rights
and liabilities.
Amended by:
XXII. 1991.2;
III. 2004.65;
XXVIII. 2007.19;
XXVI. 2015.4.
Provided that in respect of such land that may from time to
time be specified in an Order of the President published in the
Gazette, the Malta Development Corporation established under
article 3 of the Malta Development Corporation Act shall exercise
the rights and responsibilities referred to in this article, and the
provisions of the Land (Compulsory Eviction) Act, and the
Disposal of Government Land 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
Malta Development Corporation, and the provisions of article 181,
Subtitle VI and VII of Title VIII of Part I of Book Second, article
590(2), article 627, article 637, article 837(2) and article 873 of the
Code of Organization and Civil Procedure shall apply, in relation to
such land, to the Malta Development Corporation and the Chairman
of the Malta Development Corporation, as the case may be:
Provided further that with effect from such date as the
Minister responsible for economic affairs may by notice in the
Gazette appoint, the rights and responsibilities exercised by the
Malta Development Corporation or its Chairman under this Act or
any other law specified in the foregoing proviso of this Act,
including any litigious rights arising therefrom, shall, in respect of
such land as shall have been or shall from time to time be specified
in an Order of the President published in terms of the same proviso,
vest in any other authority or person designated by regulations
prescribed for this purpose in virtue of this proviso by the said
Minister to be the competent authority in place of the Malta
Development Corporation, or in the Chairman of the said
competent authority as the case may be:
Cap. 202.
Cap. 228.
Cap. 268.
Cap.12.
2
CAP. 169.]
Cap. 261.
Cap. 228.
Cap. 12.
Assignment of
duties.
Added by:
XIV. 2006.105.
CO MMISSIO N ER O F LAN D
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 article 4(2) 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 Subtitle VI
and VII of Title VIII of Part I of Book Second, article 590(2),
article 627, article 637, article 837(2) and 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.
3. (1) The Minister responsible for land may, with effect from
such date as he may, by notice in the Gazette, appoint, assign any of
the duties in the exercise of the rights and responsibilities of the
Commissioner of Land in accordance with article 2, to any other
person to be designated in such notice, which duties shall be
specifically designated in such notice.
(2) Notwithstanding the provisions of subarticle (1), all rights
and responsibilities to which the duties assigned in accordance with
subarticle (1) relate shall, by virtue of article 2, remain vested in
the Commissioner of Land.
AI explanation based on the official legal text. Indicative, not a substitute for legal advice.