                          ENEMALTA   g CAP. 272.        1
CHAPTER 272 
ENEMALTA ACT
To provide for the establishment of a body corporate to be known as Enemalta, and for the
exercise and performance by or on behalf of such body of functions relating to the acquisition,
transformation, manufacture, distribution and sale of sources of energy and the production,
generation, distribution and sale of energy; to provide for the transfer to the said body of
certain installations, equipment or other property; and to make provision in respect of matters
ancillary thereto or connected therewith.
1st October, 1977;
1st February, 1978
ACT XVI of 1977, as amended by Acts: XXIX of 1979, XIII and XVII of 1983, XVI of 1987,
XXXIV of 1989, XXIII of 1991,  XV of 1995, XVI of 1997 and XXV of 2000.
ARRANGEMENT OF ACT
 
 
Articles
Part I.  Preliminary  1-2 
Part II.  Constitution, Functions and Composition of Enemalta  3-15 
Part III. Financial Provisions  16-24 
Part IV.  Transfer to Enemalta of certain undertakings  25-27 
Part V.  Management Committees and Officers and Servants of
Enemalta 28-34
Part VI.  Contracts and Power to acquire or dispose of property  35-36 
Part VII.  Miscellaneous Provisions  37-47
SCHEDULE
  2      CAP. 272. h                ENEMALTA
PART I
PRELIMINARY
Short title 1. The title of this Act is the Enemalta Act.
Interpretation. 
Amended by: 
XXIX. 1979.3; 
XXIII. 1991.53.
2. (1) In this Act, unless the context otherwise requires -
"apparatus" in relation to electrical energy, includes all
machines, consuming devices and fittings in which conductors are
used or of which they form part;
"appointed day", in relation to the provisions of Part IV of this
Act, means the day on which article 25 comes into force; 
"Board" means the Board of Directors established by article 5;
"chairman", "deputy chairman" and "members" mean the
chairman, the deputy chairman and a member, respectively, of the
Board;
"conductor" means an electrical conductor arranged to be
electrically connected to a system;
"consumer", in relation to electrical energy, means a person to
whom or to whose account electrical energy is supplied by
Enemalta;
"Corporation" means the corporation known as Enemalta
established by article 3;
"electrical energy" means electrical energy when generated,
transmitted, supplied or used for any purpose except the
transmission of any communication or signal;
"electrical materials" includes electrical apparatus;
"Enemalta" means the corporation known by that name and
established by article 3;
"financial year" means the period of twelve months ending on the
thirtieth day of September;
"gas" means all hydrocarbons in gaseous form whether in their
natural state or obtained from petroleum or produced chemically; 
"Gas Board" means the Gas Board established by the Gas Act,
1952  * ;
"installation" means the whole of any plant or apparatus,
designed for the acquisition, supply, storage, use or distribution of
any electrical energy or of petroleum, together with all necessary
plant, buildings, land and pipe-lines in connection therewith, and,
in relation to electrical energy, includes prime movers, supply lines
and consuming apparatus, if any;
"main" means a supply line through which electrical energy is or
can be supplied, whether such line is in use or not;
"Malta Electricity Board" means the Malta Electricity Board
established by the Electricity Act, 1963 † ;
*Repealed by this Act.
†Repealed by this Act.
                          ENEMALTA   g CAP. 272.        3
"Minister" means the Minister responsible for energy, and to the
extent of any authority given, includes any person authorized by
the said Minister in that behalf;
"officer" and "servant" in relation to Enemalta includes any
public officer detailed for duty with the Corporation;
"petroleum" means all natural hydrocarbons whether in liquid or
gaseous form, including crude oil and natural gas, and whether in a
crude or natural state or in a processed or refined form;
"premises" includes lands, buildings, houses and any other
structure whatsoever;
"prescribed" means prescribed by regulations, rules or orders
made under or kept in force by this Act;
"private safety" means the obviation of danger to individuals or
to private property;
"public safety" means the obviation of danger to the general
public, to public property, and to streets, docks, wharves, piers,
bridges, gas-works, water-works and their appurtenances and
telegraphic, telephonic or other electrical signalling lines;
"street" includes any road, alley, square, path, lane, court,
passage, open space or other place of public thoroughfare;
"supply line" means a conductor or conductors or other means of
conveying, transmitting or distributing electrical energy, together
with any casing, coating, covering, tube, pipe insulator or part
enclosing, surrounding or supporting the same or any part thereof,
or any building or apparatus connected therewith, for the purpose
of transforming, conveying, transmitting or distributing electrical
energy;
"system", in relation to electrical energy, means an electrical
system in which all the conductors or apparatus are electrically or
magnetically connected;
"transferred undertaking" means an undertaking to which article
25 applies in accordance with the provisions of that article;
Cap. 174.
"Treasury Clearance Fund" means the Fund established by
section 32 of the Financial Administration and Audit Act;
Cap. 355.
"Water Services Corporation" means the Water Services
Corporation as defined by the Water Services Corporation Act, or,
unless otherwise provided, any other corporation or authority
replacing that Corporation.
(2) Any reference in this Act to regulations, rules or orders
made under this Act shall include a reference to regulations, rules
or orders kept in force by this Act.
  4      CAP. 272. h                ENEMALTA
PART II
CONSTITUTION, FUNCTIONS AND COMPOSITION OF ENEMALTA
Establishment and 
functions of 
Enemalta. 
Amended by: 
XXIII.1991.53;
XXV. 2000.36.
3. (1) There is hereby established a corporation to be known
as Enemalta.
(2) Subject to the provisions of this Act, and to any
requirement under any other law, Enemalta is authorised:
( a ) to import, acquire, manufacture, keep, store,
distribute, sell, export, or otherwise dispose of
petroleum or any form thereof;
( b ) to generate, purchase, transmit, transfer, distribute and
supply electrical energy for domestic, commercial,
industrial and all other purposes.
(3) Subject to the provisions of this Act, and to any
requirement under any other law, it shall be the duty of Enemalta:
( a ) to develop and maintain an efficient system in order to
carry out its functions under this Act;
( b ) to manage and operate all undertakings and other
installations and all property, transferred to and vested
in Enemalta by virtue of this Act or otherwise acquired
by the Corporation for the purposes of any of its
functions;
( c ) to establish, manage and operate such installations,
including installations for the conversion of sea-water,
as Enemalta may consider expedient to establish,
manage or operate;
( d ) to provide the harnessing, generation and use of other
sources and forms of energy;
( e ) ( deleted by XXV.2000.36. )
( f ) to advise the Minister on all matters relating to any of
its functions under this Act.
(4) For the purposes of any of its functions, Enemalta may,
subject to the provisions of this Act, and to any requirement under
any other law:
( a ) acquire, construct, reconstruct, maintain and operate
all appropriate installations;
( b ) acquire any property which the Corporation considers
necessary or expedient for the purpose of constructing,
extending or maintaining any installation or otherwise
carrying out its functions under this Act; 
( c ) do all acts and things necessary for the purpose of
carrying out its functions under this Act, including the
opening and breaking up of the surface of any street:
        Provided that the opening and breaking up of the
surface of any street for any of the purposes aforesaid
shall not be undertaken without the approval of the
Malta Transport Authority;
                          ENEMALTA   g CAP. 272.        5
( d ) carry on, whether as principal or as agent or as a
contractor, all such other activities as may appear to
Enemalta requisite, advantageous or convenient to be
carried on for or in connection with the performance of
any of the functions of the Corporation under this Act
or in order to make the best use of the assets of the
Corporation;
( e ) open branches and appoint agents and correspondents
in Malta and abroad;
( f ) ( deleted by XXV.2000.36. )
( g ) exercise any other power vested in it by this Act or
otherwise.
(5) In carrying out its functions under this Act, Enemalta shall:
( a ) be in possession of such licences, permits or other
authorisations;
( b ) be subject to such regulations, rules, orders, directions,
standards and other regulatory provisions,
Cap. 423.
as may be required from time to time be required by or under the
Malta Resources Authority Act, or any other law.
Cap. 156. 
Cap. 194.
(6) The provisions of this article shall not affect any right,
power or authority conferred by a licence issued pursuant to the
Petroleum (Production) Act, or pursuant to that Act and to that Act
as applied by the Continental Shelf Act.
Legal personality 
and representation 
of Enemalta.
4. (1) Enemalta shall be a body corporate having a distinct
legal personality and shall be capable, subject to the provisions of
this Act, of entering into contracts, of acquiring, holding and
disposing of any kind of property for the purposes of its functions,
of suing and being sued, and of doing all such things and entering
into all such transactions as are incidental or conducive to the
exercise or performance of its functions under this Act, including
the lending or borrowing of money.
(2) The legal representation of Enemalta shall vest in the
chairman:
   Provided that the Corporation may appoint any one or more of
the other members of the Board or of the officers or servants of the
Corporation to appear in the name and on behalf of Enemalta in any
judicial proceedings and in any act, contract, instrument or other
document whatsoever.
(3) Any document purporting to be an instrument made or
issued by Enemalta and signed by the chairman on behalf of the
Corporation shall be received in evidence and shall, until the
contrary is proved, be deemed to be an instrument made or issued
by Enemalta.
Establishment and 
composition of 
Board of Directors. 
Amended by: 
XVI.1987.2.
5. (1) There shall be a Board of Directors, which shall be
responsible for the policy and general administration of the affairs
and business of Enemalta.
(2) The Board shall consist of not less than three and not more
  6      CAP. 272. h                ENEMALTA
than nine members appointed by the Minister except for one
member who shall be elected by secret ballot by and from amongst
the employees of the Corporation who are eligible to vote in and
stand for such elections in accordance with regulations made under
article 5A. The Minister shall designate one of the appointed
members as chairman and another such member as deputy chairman
and such other member shall have all the powers and perform all
the functions of the chairman during his absence or until a new
chairman has been appointed following resignation, termination of
appointment or death of the chairman.
(3) The Minister shall choose the members from among
persons who appear to him to be qualified by reason of having had
experience of, and shown capacity in matters relating to the
acquisition, production or marketing of energy or sources of
energy, or to the organization of workers, industry, trade, finance
or administration. The members shall receive, out of the funds of
the Corporation, such remuneration as the Minister may from time
to time determine.
Regulations 
regarding 
elections. 
Added by: 
XVI.1987.3.
5A. The Minister may make regulations for giving effect to the
provisions of this Act regarding the election of the member of the
Board of Directors to be elected by the employees of the
Corporation and in particular, but without prejudice to the
generality of the provision of the foregoing, any regulations may - 
( a ) provide for holding the elections, and for the conduct
and supervision thereof;
( b ) prescribe the category of workers who may or may not
vote or stand for election to the Board;
( c ) determine the period for which a worker shall be so
elected;
( d ) prescribe the circumstances wherein a member shall
vacate his office;
( e ) determine the manner and time for filling a vacancy; 
( f ) prescribe anything in respect of any other matter
relating to such election as the Minister may deem
necessary or expedient.
Duration of 
appointment to 
Board of Directors. 
Amended by: 
XVI. 1987.4.
6. Subject to the provisions of articles 7 and 9, the non-
elected members of the Board shall hold office for such period and
on such terms and conditions as the Minister may deem
appropriate; and a member shall, on ceasing to be a member, be
eligible for re-appointment:
   Provided that the Minister may at any time terminate the
appointment of any member of the Board if, in his opinion, such
member is unfit to continue in office or has become incapable of
properly performing his duties as a member of the Board.
                          ENEMALTA   g CAP. 272.        7
Disqualification 
from being 
member of the 
Board of Directors. 
Amended by: 
XVI.1987.5.
7. A person shall be disqualified for appointment or election
to, or for remaining a member of, the Board if he - 
( a ) is a member of the House of Representatives, or
( b ) has any 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 Board.
Temporary 
retirement from 
sittings of the 
Board of Directors.
8. Any member who has a direct or indirect interest in any
contract made or proposed to be made by Enemalta, 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; and
after the disclosure has been recorded in the minutes of the Board,
that member shall withdraw from any meeting at which such
contract is discussed or decided on by the Board.
Resignation from 
the Board and 
publication of 
appointment and 
termination of 
office.  
Amended by:
XVI. 1987.6.
9. (1) A member of the Board may resign his office by letter
addressed to the Minister.
(2) The appointment or election of any person as member of the
Board and the termination of office of any such member shall be
notified in the Gazette.
Provisions with 
respect to 
proceedings of the 
Board.
10. (1) The meetings of the Board shall be called by the
chairman, either on his own initiative or at the request of any two
of the other members. Without prejudice to the other requirements
of this Act, no decision shall be valid which is not supported by at
least two members of the Board or which is taken at a meeting of
the Board at which the chairman, or in his absence the deputy
chairman, is not present.
(2) Half the number of members for the time being constituting
the Board shall form a quorum at any meeting. Decisions shall be
adopted by a simple majority of the votes of the members present
and voting. The chairman, or in his absence the deputy chairman,
shall have an initial vote and, in the event of an equality of votes, a
casting vote.
(3) Subject to the provisions of this Act, the Board may
regulate its own procedure.
(4) Subject to the foregoing provisions of this article, no act or
proceeding of the Board shall be invalidated merely by reason of
the existence of any vacancy among the members.
(5) All acts done by any person acting in good faith as a
member of the Board shall be valid as if he were a member
notwithstanding that some defect in his appointment or
qualification be afterwards discovered. No act or proceeding of the
Board shall be questioned on the ground of the contravention, by a
director, of the provisions of article 8.
Staff 
appointments.
11. Subject to the provisions of the Constitution of Malta and
of any other enactment applicable thereto, and without prejudice to
the other provisions of this Act, the appointment of officials and
other employees of Enemalta shall be made by the Board. The
  8      CAP. 272. h                ENEMALTA
terms and conditions of employment shall be comparable with
those of employees in the service of the Government and shall be
established by the Board with the concurrence of the Minister:
   Provided that nothing in this article shall be construed as
precluding the establishment, by the Corporation with the approval
of the Minister given after consultation with the Minister
responsible for finance, of schemes of incentives related to
productivity or performance.
Powers of the 
Minister in relation 
to the Corporation 
and duties of the 
Board towards 
Minister.
12. (1) The Minister may, in relation to matters that appear to
him to affect the public interest, from time to time give to the
Corporation directions of a general or of a specific character, not
inconsistent with the provisions of this Act, on the policy to be
followed or other action to be taken in the carrying out of the
functions vested in Enemalta by or under this Act, and the Board
shall, as soon as practicable, give effect to all such directions.
(2) The Board shall afford to the Minister facilities for
obtaining information with respect to the property and activities of
Enemalta and furnish him with returns, accounts and other
information with respect thereto, and afford to him facilities for the
verification of information furnished, in such manner and at such
times as he may reasonably require.
Exemption from 
certain duties.
Amended by: 
XV.1995.9.
13. Enemalta shall be exempt from any liability for the
payment of stamp duty that may be due under any law for the time
being in force.
Duties of Enemalta 
in relation to the 
supply of 
petroleum and 
electrical energy.
Amended by:
XXV. 2000.36.
14. (1) Subject to the provisions of this Act and to any other
requirement provided under any other law, Enemalta may - 
( a ) supply petroleum to such persons, in such manner and
under such conditions as are deemed by the
Corporation to be most advantageous;
( b ) supply electrical energy to any person who undertakes
to enter into a contract with Enemalta, giving such
security as the Corporation may require, to take or
continue to receive, and to pay for a supply of
electrical energy upon such terms and conditions and
for such period as the Corporation may determine:
   Provided that any person who immediately before the repeal of
the Electricity Act, 1963, by this Act was registered as a consumer
with, or otherwise receiving energy from, the Malta Electricity
Board, shall continue, subject to the provisions of this Act and of
any regulations made thereunder, to be so registered with, or to
receive energy from, Enemalta, as the case may be, as if he
originally were registered with, or received energy from, the
Corporation.
(2) With respect to the supply of electrical energy by Enemalta,
the following provisions shall have effect:
( a ) Enemalta may reduce as it thinks fit the quantity of
energy supplied to any consumer, if, by reason of any
unforeseen circumstances beyond the control of the
                          ENEMALTA   g CAP. 272.        9
Corporation, it appears that the supply of electrical
energy generated is insufficient to enable the full
quantity to be conveniently supplied;
( b ) where the quantity of energy supplied has been
reduced as aforesaid no liability shall be incurred by
Enemalta in respect of any loss or damage caused by
such reduction;
( c ) Enemalta shall not be liable for any damage to person
or property or for any cessation of the supply of energy
which may be due to unavoidable accident, fair wear
and tear or overloading due to unauthorised connection
of apparatus, or to the reasonable requirements of the
electrical system, or to the defects in any electrical
installation not provided by the Corporation.
Enemalta and 
Water Services 
Corporation. 
Amended by: 
XXIII. 1991.53.
15. (1) The provisions of the Schedule to this Act shall have
effect with respect to the operation by the Water Services
Corporation of a meter-reading, account-keeping and bill-
collection service common to, and in the joint interest of, the Water
Services Corporation and Enemalta, and to the exercise and
performance by the Water Services Corporation on behalf of
Enemalta of such functions as are or as may from time to time be
lawfully vested in Enemalta in relation to the acts and matters
specified in paragraph 1 of the said Schedule.
(2) The Minister may, if, after consultation with Enemalta, he
is satisfied that it is no longer necessary or expedient for a joint
service to be maintained as aforesaid, by order revoke the Schedule
to this Act; and any agreement entered into between the Water
Services Corporation and Enemalta in pursuance of paragraph 6 of
that Schedule or kept in force under this Act as if it had been so
entered into (hereinafter in this article referred to as "the
agreement") shall thereupon cease to have effect.
(3) The Minister may from time to time, with the concurrence
of Enemalta, by order vary the provisions of the Schedule to this
Act to such extent and in such manner as the Minister may
determine; and as from such date on which any such order comes
into force the provisions of the agreement shall have effect subject
to such modifications as may be necessary to prevent any
inconsistency between the provisions of the agreement and the
provisions of the said Schedule as varied by the order.
(4) The Minister may also, with the concurrence of the Minister
responsible for water supply, and after consultation with Enemalta,
by order vary the provisions of the Schedule to this Act and of any
agreement as is referred to in subarticle (2), in such way that the
joint service for meter-reading, account-keeping and bill-
collection, shall be operated by Enemalta on its own behalf and on
behalf of the Water Services Corporation and thereupon the
provisions of this article and of the said Schedule shall have effect
as provided in such order and with such modifications as may be
appropriate to the purpose.
(5) Any order made under this article may contain such
  10      CAP. 272. h                ENEMALTA
transitorial, supplementary and incidental provisions as the
Minister, after consultation with, or with the concurrence of, the
Minister responsible for water supply, or the Corporation, as the
case may require, may deem to be necessary or expedient for the
purpose of the order.
PART III 
FINANCIAL PROVISIONS
Power to borrow or 
raise capital. 
Amended by: 
XIII. 1983.5.
16. (1) Enemalta may, with the approval in writing of the
Minister given after consultation with the Minister responsible for
finance, borrow, secure or raise money by debentures, debenture
stock, or other security, for any one or more of the following
purposes of the Corporation:
( a ) the provision of working capital;
( b ) the carrying out of the functions of Enemalta under
this Act;
( c ) the provision of capital for the expansion of, and
addition to, the fixed assets of Enemalta;
( d ) the redemption of any debentures or debenture stock or
other security that Enemalta is required or entitled to
redeem;
( e ) any other expenditure properly chargeable to capital
account.
(2) Enemalta may, from time to time, borrow by way of
overdraft or otherwise, for periods not exceeding twelve months,
such sums as the Corporation may require for carrying out its
functions under this Act:
   Provided that for any amount in excess of two hundred
thousand liri, there shall be required the approval in writing of the
Minister.
Borrowing by 
advances from 
Government and 
establishment of 
the Enemalta Loan 
Fund.
17. (1) Whenever it may be necessary for Enemalta to borrow
by way of advances from the Government any sums which may be
required for carrying out any of the functions of Enemalta under
this Act, the Minister responsible for finance after consultation
with the Minister may, by warrant under his hand and without
further appropriation other than this Act, authorise the Accountant
General to make advances to the Corporation either out of the
proceeds of any loan contracted or raised for the purpose or out of
the Consolidated Fund; and such advances shall be made on such
terms and conditions as the Minister responsible for finance may
direct.
(2) The Minister responsible for finance may, for any of the
requirements of Enemalta of a capital nature contract or raise loans,
or incur liabilities, for such periods and on such terms and
conditions as he may deem appropriate; and any sums due in
respect of or in connection with any such loan or liability shall be a
                          ENEMALTA   g CAP. 272.        11
charge on the Consolidated Fund.
(3) Notice of any loans, liabilities or advances made or
incurred under the foregoing provisions of this article shall be
given to the House of Representatives as soon as practicable.
(4) Pending the raising of any such loan as is mentioned in
subarticle (2) or for the purposes of providing Enemalta with
working capital the Minister responsible for finance may, by
warrant under his hand and without further appropriation other than
this Act, authorise the Accountant General to make advances out of
the Treasury Clearance Fund to Enemalta under such terms as shall
be specified by the said Minister upon the making thereof.
(5) The proceeds of any loan raised for the purpose of making
advances to Enemalta and any other moneys to be advanced to the
Corporation under this article shall be paid into a fund which shall
be specially established for the purpose and which shall be known
as "Enemalta Loan Fund".
(6) Sums received by the Accountant General from Enemalta in
respect of advances made to the Corporation under subarticle (1)
shall be paid into the Enemalta Loan Fund.
(7) Sums received by the Accountant General from Enemalta in
respect of advances made to the Corporation under subarticle (4)
shall be paid, as respects amounts received by way of repayment
into the Treasury Clearance Fund, and, as respects amounts
received by way of interest, into the Consolidated Fund.
Application of 
revenue.
18. (1) The revenue of Enemalta for any financial year shall
be applied in defraying the following charges:
( a ) the remuneration, fees and allowances of the members
of the Board;
( b ) the salaries or wages, fees, remuneration, pensions,
superannuation allowances, gratuities and other
allowances of the officers, employees, servants, agents
and technical or other advisors of Enemalta, and
payments for the maintenance of any pension scheme
or other scheme established under the provisions of
this Act, and any payment to the Government on
account of pensions or gratuities under article 31 or
32;
( c ) the establishment and working expenses of the
Corporation and expenditure on, or the provision for,
the maintenance of any of the installations of
Enemalta, and the discharge of the functions of the
Corporation properly chargeable to revenue account;
( d ) interest on any debentures, debenture stock or other
security issued, interest on any overdraft and on any
loan raised or advances received by Enemalta;
( e ) sums required to be transferred to a sinking fund or
otherwise set aside for the purpose of making
provision for the redemption of debentures or
debenture stock or other security or for the repayment
  12      CAP. 272. h                ENEMALTA
of other borrowed money;
( f ) such sums as it may be deemed appropriate to set aside
in respect of depreciation on the property of Enemalta
having regard to the amount set aside out of revenue
under paragraph ( e );
( g ) the payment of any other expenditure approved by the
Board and properly chargeable to revenue account. 
(2) Subject to such directions as the Minister, after consultation
with the Minister responsible for finance, may from time to time
give, any excess of revenue over expenditure shall be applied by
Enemalta to the creation of reserve funds to finance future
expansion of the Corporation; and, without prejudice to the
generality of the powers given to the Minister by this subarticle,
any direction given by the Minister as aforesaid may order the
transfer to the Government, or the application in such manner as
may be specified in the direction, of any part of such excess, in
particular such part thereof which derives from the sale of
petroleum.
Investment of 
funds.
19. Any funds of Enemalta not immediately required to be
expended in the meeting of any obligations or the carrying out of
any functions of Enemalta may be invested from time to time in
such manner as may be approved by the Minister.
Prices, fees and 
other charges by 
Enemalta.
Amended by:
XXV. 2000.36.
20. (1) The prices to be charged by Enemalta for the supply of
electrical energy and related services shall be in accordance with
such tariffs as may, from time to time, be prescribed.
(2) Nothing in subarticle (1) or in any such tariff as aforesaid
shall prevent Enemalta from charging other prices by special
agreement.
(3) In prescribing tariffs and entering into agreements relating
to prices to be paid for electrical energy and related services
supplied by Enemalta, the Corporation shall ensure that the prices
charged are adequate to provide sufficient revenue in any financial
year - 
( a ) to cover operating expenses, including taxes, if any,
and to make provision for adequate maintenance, for
depreciation, for interest payments on borrowings and
for other interest payments;
( b ) to meet periodic repayments on long term
indebtedness to the extent that any such repayment
exceed the provisions for depreciation; and 
( c ) to create reserves to finance a reasonable part of the
cost of future expansion, being expenses, repayments
and reserves incurred or made by the Corporation in
the exercise of its functions relating to electrical
energy;
and any such tariffs and agreements shall not give undue preference
as between consumers similarly situated or make undue
discrimination as between persons similarly situated having regard
to the place and time of supply, the quantity of electrical energy
                          ENEMALTA   g CAP. 272.        13
supplied, the consumer load and power factor, the purpose for
which the supply is taken and any other circumstance which could
justify a preferential or discriminatory treatment.
(4) The prices to be charged by Enemalta for the supply of
petroleum (including the charges to be made by Enemalta, for the
purposes of subarticle (3) and other related purposes, for the use of
petroleum by the Corporation in the generation of electrical energy
and the provision of related services) shall be in accordance with
such rates as the Minister, with the concurrence of the Corporation
and after taking into account the relevant social and economic
aspects, may from time to time determine.
Cap. 423.
(5) Notwithstanding the foregoing subarticles of this article,
when price structures are established for the supply of electrical
energy by or under the provisions of the Malta Resource Authority
Act, the prices that may be charged by Enemalta for the supply of
electrical energy and related services shall, to the extent that these
are applicable, be regulated by such price structures.
Estimates of 
Enemalta. 
Amended by: 
XVII. 1983.2.
21. (1) Enemalta shall cause to be prepared in every financial
year, and shall not later than six weeks before the end of each such
year adopt, estimates of the income and expenditure of the
Corporation for the next following financial year.
(2) The estimates shall be made out in such form and shall
contain such information and such comparisons with previous years
as the Minister shall direct.
(3) A copy of the estimates of Enemalta shall, upon their
adoption by the Corporation, be sent forthwith by the Board to the
Minister.
(4) The Minister shall, at the earliest opportunity and not later
than the first sitting of the House after four weeks from the receipt
of the copy of the estimates of Enemalta referred to in subarticle
(3), cause such estimates to be laid before the House of
Representatives together with a motion that the House approve the
said estimates. Not more than two sittings shall be allotted for the
debate in the House on such a motion; and both the motion and the
approval of the estimates by the House may be with or without
amendments to the estimates.
(5) No expenditure shall be made or incurred by Enemalta that
has not been approved by the House of Representatives:
    Provided that - 
( a ) until the expiration of six months from the beginning
of a financial year or until the approval of the
estimates for that year by the House, whichever is the
earlier date, the Corporation may make or incur
expenditure for carrying on 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 subhead
of the estimates may, with the approval of the
  14      CAP. 272. h                ENEMALTA
Minister, be incurred in respect of another head or
subhead of the estimates;
( c ) if in respect of any financial year it is found that the
amount approved by the House is not sufficient or a
need has arisen for expenditure for a purpose not
provided for in the estimates, Enemalta may adopt
supplementary estimates for approval by the House,
and pending such approval, but subject to its being
given, may in special circumstances and with the
approval of the Minister, incur the relative
expenditure; moreover in such case the provisions of
this Act applicable to the estimates shall as near as
practicable apply to the supplementary estimates.
(6) All estimates and supplementary estimates approved by the
House of Representatives shall, as soon as practicable, be published
in the Gazette.
Accounts and 
audit.  
Substituted by: 
XVII. 1983.3.
Amended by:
XVI.1997.8.
22. (1) Enemalta shall cause to be kept proper accounts and
other records in respect of its operations, and shall cause to be
prepared an interim statement of account for the first period of six
months and a statement of account for the second period of six
months in respect of each financial year, together with a statement
of account covering the whole financial year.
(2) The accounts of Enemalta shall be audited by an auditor or
auditors to be appointed by it and approved by the Minister: 
   Provided that the Minister may require the books and accounts
of the Corporation to be audited or examined by the Auditor
General who shall for this purpose have power to carry out such
physical checking and other verifications as he may deem
necessary.
(3) The interim statement of account in respect of the first
period of six months of each financial year, duly audited, shall be
adopted by the Board not later than six weeks after the end of such
period and shall be transmitted forthwith to the Minister together
with a copy of any report made by the auditor or auditors on that
statement or on the accounts of the Corporation.
(4) The statement of account in respect of the second period of
six months of each financial year, together with the statement of
account in respect of the whole financial year, both duly audited,
shall be adopted by the Board not later than ten weeks after the end
of the financial year, and shall be transmitted forthwith to the
Minister together with a copy of any report made by the auditor or
auditors on those statements or on the accounts of the Corporation.
(5) Before the end of each financial year, the Minister shall
cause to be laid on the Table of the House of Representatives,
together with the motion laid before the House under article 21, a
copy of the following:
( a ) the interim statement of account and any report in
respect of the first six months of the current financial
year;
                          ENEMALTA   g CAP. 272.        15
( b ) the statement of account and any report in respect of
the second six months of the immediately preceding
financial year; and 
( c ) the statement of account and any report in respect of
the immediately preceding full financial year.
Cash deposits and 
payments.
23. (1) All moneys of Enemalta accruing from any operations
under this Act shall be paid into a bank or banks appointed by
resolution of the Board and approved by the Minister. Such moneys
shall, as far as practicable, be paid into that bank from day to day,
except such sum as the Board may authorise to be retained to meet
petty disbursements and immediate payments.
(2) All payments out of the funds of Enemalta, except petty
disbursements not exceeding a sum to be fixed by the Board, shall
be made by such officer or officers of the Corporation as the Board
shall appoint or designate for that purpose.
(3) Cheques against or withdrawals from any bank account of
Enemalta shall be signed by such officer of the Corporation as may
be designated by the Board for that purpose and shall be
countersigned by the chairman or such other member of the Board
or other officer of the Corporation as may have been authorised by
the Board for that purpose.
(4) Enemalta shall also provide for:
( a ) the manner in which and the officers by whom
payments are to be approved;
( b ) the title of any account held with the bank or banks
into which the moneys of the Corporation are to be
paid, and the transfer of funds from one account to
another;
( c ) the method to be adopted in making payments out of
the funds of the Corporation;
( d ) generally as to all matters necessary for the proper
keeping and control of the accounts and books and the
control of the finances of the Corporation.
Annual report.  
Amended by: 
XVII. 1983.4.
24. (1) The Board shall, not later than four weeks before the
end of each financial year, make and transmit to the Minister a
report dealing generally with the activities of Enemalta during that
year and containing such information relating to the proceedings
and policy of the Corporation as the Minister may from time to
time require.
(2) The Minister shall cause a copy of every such report to be
laid on the Table of the House of Representatives as soon as
practicable.
  16      CAP. 272. h                ENEMALTA
PART IV
TRANSFER TO ENEMALTA OF CERTAIN UNDERTAKINGS
Transfer to 
Enemalta of certain 
undertakings.
25. (1) With effect from the appointed day all the
undertakings to which this article applies shall, by virtue of this
Act and without further assurance, be transferred to, and shall vest
in, Enemalta under the same title by which they were held by the
Government or by the Malta Electricity Board or by the Gas Board
immediately before such day.
(2) Such transfer shall extend to the whole of such
undertakings and shall include all plant, lands, works, stocks and
other property movable or immovable, assets, powers, rights,
privileges and causes of action held or enjoyed in connection
therewith or appertaining thereto, as well as all liabilities and
obligations affecting or relating to any of the aforesaid
undertakings or other thing included therein as aforesaid.
(3) This article applies to any undertaking or installation, and
any apparatus, instrument or plant, and all things accessory or
ancillary thereto, which, immediately before the appointed day
were vested in or belonged to the Malta Electricity Board or the
Gas Board or were vested in or belonged to the Government and
were operated by the Government for the supply of petroleum.
Construction of 
existing laws, 
contracts, etc.
26. Subject to the provisions of this Act, all laws, rules,
regulations, orders, judgments, decrees, awards, deeds, bonds,
advances, contracts, agreements, instruments, documents, warrants
and working arrangements, subsisting immediately before the
appointed day, affecting or relating to any of the transferred
undertakings or the Malta Electricity Board or the Gas Board, or to
which either of the said Boards was a party, shall be of as full force
and effect against or in favour of Enemalta, and shall be
enforceable as fully and effectually as if, instead of the
Government, or the Malta Electricity Board or the Gas Board, as
the case may require, Enemalta had been named therein or had been
a party thereto.
Transitory 
provisions.
27. (1) Where anything has been commenced by or under the
authority of the Government, or the Malta Electricity Board or the
Gas Board prior to the appointed day and such thing is in relation to
any of the transferred undertakings or any right or liability
transferred by or under this Act, such thing may be carried on and
completed by or under the authority of Enemalta.
(2) Where immediately before the appointed day any legal
proceeding is pending to which the Government or the Malta
Electricity Board or the Gas Board is or is entitled to be a party,
and such proceeding has reference to any of the transferred
undertakings or any right or liability transferred by or under this
Act, Enemalta shall, on the appointed day, be substituted in such
proceeding for the Government or the Malta Electricity Board or
the Gas Board as the case may require, or shall be made a party
thereto in like manner as the Government or the Malta Electricity
Board or the Gas Board as the case may be, would have become,
and such proceeding shall not abate by reason of the substitution.
                          ENEMALTA   g CAP. 272.        17
(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 or liability to Enemalta by
or under this Act and may make such orders as may be necessary to
make any powers and duties exercised by the Government, or the
Malta Electricity Board or the Gas Board, in relation to any of the
transferred undertakings, exercisable by and on behalf of Enemalta.
PART V
MANAGEMENT COMMITTEES AND OFFICERS AND SERVANTS OF 
ENEMALTA
Appointment and 
functions of 
officers and 
servants of 
Enemalta and 
appointment and 
functions of 
management 
committees.
28. (1) Enemalta shall appoint and employ, at such
remuneration and upon such terms and conditions as it may, in
accordance with article 11, determine, such officers and servants of
the Corporation as may from time to time be necessary for the due
and efficient discharge of the functions of the Corporation:
   Provided that where a general manager is appointed he shall be
selected with the approval of the Minister.
(2) With effect from such day or days as the Minister may by
order determine, there shall be in respect of each of such parts of
the business of Enemalta as the Minister may in any such order
specify (hereinafter referred to as "business sector") a management
committee which shall, subject to the provisions of this Act and to
the directions of the Board, be responsible for the day to day
management and administration of their respective business sector
and for the prompt and due execution of the policy and other
decisions of the Board relating thereto. Each management
committee shall also have such other functions as may be assigned
or delegated to it by the Board.
(3) Each management committee shall consist of the general
manager or of the manager of the business sector to which it
relates, who shall be the chairman of the committee, and such
number of other members as represent equally the management of
the Corporation and its employees. The management shall be
represented by the persons holding the offices designated by the
Minister for the purpose of this subarticle; and the workers shall be
represented by employees of the Corporation appointed for the
purpose by the organization or organizations of workers
representing the majority of the employees in the business sector to
which the committee relates. The members of the committee shall
cease to be members upon ceasing to hold the office qualifying
them for membership or upon the termination of their appointment
by the organization by which they were appointed.
(4) Each management committee shall keep minutes of all its
meetings and shall forward copies of such minutes to the Board and
to the Minister.
  18      CAP. 272. h                ENEMALTA
Cap. 9.
(5) The members of the Board and all officers and servants of
Enemalta shall be deemed to be public officers or servants within
the meaning of the Criminal Code.
Superannuation 
schemes, etc., for 
officers and 
servants of 
Enemalta.
29. (1) Subject to the approval of the Minister, and so far as
consistent with the provisions of this part relating to public officers
who accept permanent employment with Enemalta and to other
government employees or employees of the Malta Electricity Board
or the Gas Board transferred to the service of the Corporation, the
Board may establish a scheme or schemes for the payment of
superannuation allowances, pensions or gratuities to officers and
servants of the Corporation who retire from the service of the
Corporation or otherwise cease to hold office with the Corporation
by reason of age, or of infirmity of body or mind, or of abolition of
office.
(2) No assurance on the life of any contributor under any such
scheme, and no moneys or other benefits payable under any such
assurance, and no pension, gratuity or other allowance granted
under any such scheme to any person who has been employed by
Enemalta, shall be assignable or transferable, or liable to be
garnished or seized for or in respect of any debt or claim
whatsoever, other than a debt due to the Corporation or the
Government.
Detailing of public 
officers for duty 
with Enemalta.
30. (1) All pensionable officers, and all non-pensionable
officers of the general service branch of the public service, detailed
for duty with the Malta Electricity Board immediately before the
commencement of this article shall, as from such commencement,
be detailed for duty with Enemalta, and any direction given under
the Electricity Act, 1963, *  detailing any such officer as aforesaid
for duty with the Malta Electricity Board, shall, notwithstanding
the repeal of that Act, have effect as if such officer were detailed
for duty with Enemalta by a direction of the Prime Minister given
under this Act:
   Provided that any period of duty in the service of the Malta
Electricity Board shall for the purposes of the duration of any such
direction be deemed to be a period of duty in the service of
Enemalta.
(2) The Prime Minister may, at the request of Enemalta, from
time to time direct that any person holding a pensionable office in
the public service or any other office in the general service branch
of the public service shall be detailed for duty with Enemalta in
such capacity and with effect from such date as may be specified in
the Prime Minister’s direction.
(3) The period during which a direction as aforesaid shall apply
to any officer specified therein, shall, unless the officer dies, or
retires from the public service, or otherwise ceases to hold office at
an earlier date, or unless a different period is specified in such
direction, end on the happening of any of the following events, that
is to say:
*Repealed by this Act.
                          ENEMALTA   g CAP. 272.        19
( a ) the acceptance by such officer of an offer of transfer to
the service of, and permanent employment with,
Enemalta made in accordance with the provisions of
article 32; or
( b ) the revocation of such direction by the Prime Minister,
in relation to such officer.
(4) Where a direction as aforesaid is revoked by the Prime
Minister in relation to any officer, the Prime Minister may, by
further direction, detail such officer for duty with Enemalta in such
capacity and with effect from such date as may be specified in the
Prime Minister’s direction, and the provisions of subarticle (3)
shall thereupon apply to the period of duration of any such further
direction in relation to such officer.
Status of public 
officers detailed 
for duty with 
Enemalta.
31. (1) Where any officer is detailed for duty with Enemalta
under any of the provisions of article 30, such officer shall, during
the time in which such direction has effect in relation to him, be
under the administrative authority and control of the Corporation,
but he shall for all other intents and purposes remain and be
considered and treated as a public officer.
(2) Without prejudice to the generality of the foregoing, an
officer detailed for duty as aforesaid - 
( a ) shall not during the time in respect of which he 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 him at a date on which he is so detailed for
duty; or
(ii) be so employed that his remuneration and
conditions of service are less favourable than
those which are attached to the appointment
under the Government held by him at the date
aforesaid or which would have become attached
to such appointment, during the said period, had
such officer not been detailed for duty with
Enemalta; and
Cap. 93.
Cap. 58.
( b ) shall be entitled to have his service with Enemalta
considered as service with the Government for the
purposes of any pension, gratuity, or benefit under the
Pensions Ordinance and the Widows’ and Orphans’
Pensions Act and of any other right or privilege to
which he would be entitled, and liable to any liability
to which he would be liable, but for the fact of his
being detailed for duty with Enemalta.
(3) Where an application is made as provided in subarticle
(2)( a )(i), the same consideration shall be given thereto as if the
applicant had not been detailed for service with Enemalta.
(4) Enemalta shall pay to the Government such contributions as
  20      CAP. 272. h                ENEMALTA
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 Corporation as aforesaid
during the period in which he is so detailed.
Offer of permanent 
employment with 
Enemalta to public 
officers detailed 
for duty with 
Enemalta.
32. (1) Enemalta may, with the approval of the Prime
Minister, offer to any officer detailed for duty with the Corporation
under any of the provisions of article 30 permanent employment
with Enemalta 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.
Cap. 93. 
Cap. 58.
(3) Every officer who accepts permanent employment with
Enemalta offered to him under the provisions of subarticle (1)
shall, for all purposes other than those of the Pensions Ordinance
and of the Widows’ and Orphans’ Pensions Act, and saving the
provisions of article 28(5), be deemed to have ceased to be in
service with the Government and to have entered into service with
Enemalta on the date of his acceptance, and for the purposes of the
said Ordinance and of the said Act, so far as applicable to him,
service with Enemalta shall be deemed to be service with the
Government within the meanings thereof respectively.
Cap. 58.
(4) Every such officer as aforesaid who, immediately before
accepting permanent employment with Enemalta, was a contributor
under the Widows’ and Orphans’ Pensions Act shall continue to
contribute and to benefit thereunder to all intents as if his service
with the Corporation were service with the Government.
(5) Enemalta 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
Corporation as aforesaid during the period commencing on the date
of such officer’s acceptance.
Transfer of Malta 
Electricity Board 
and Gas Board 
employees to 
Enemalta.
33. (1) Every person in the employment of the Malta
Electricity Board or of the Gas Board immediately before the
commencement of this article shall, with effect from such
commencement, be deemed to be transferred to the service, and
shall become an employee, of Enemalta at the same rate of pay,
and, as near as may be, on the same conditions, as those on which
each such employee was employed with either of the aforesaid
Boards immediately before such date:
   Provided that, in respect of any such employees to which
section 29 of the Electricity Act, 1963 *  applied, the provisions of
article 32 shall apply as if they had accepted permanent
*Repealed by this Act.
                          ENEMALTA   g CAP. 272.        21
employment with Enemalta and service with the Malta Electricity
Board shall, for the purposes of the said article 32, be deemed to be
service with Enemalta.
(2) Nothing in this article shall be deemed to affect the right of
Enemalta to terminate the employment of any such employee
transferred to the service of Enemalta, or to vary his rate of pay or
conditions of service.
(3) Where an employee who has been transferred to the service
of Enemalta under this article is also an employee who had been
transferred to the Malta Electricity Board under section 30 of the
Electricity Act, 1963 * , and such person is subsequently appointed
to a pensionable office in the public service, his service with
Enemalta (together with his service with the Malta Electricity
Board) shall be deemed to have been service with the Government.
Retirement of 
employees 
transferred to the 
service of 
Enemalta.
34. (1) Where an employee transferred to the service of
Enemalta under article 33 is also an employee who had been
transferred to the Malta Electricity Board under section 30 of the
Electricity Act, 1963 * , and such person dies, retires from or
otherwise ceases to be in the service with Enemalta in
circumstances in which, if his service with Enemalta and with the
Board aforesaid had been service with the Government, a gratuity
could have been granted in respect of such service, Enemalta may,
with the concurrence of the Minister responsible for finance, grant
in respect of his whole service a gratuity not exceeding that which
could have been granted if his service with Enemalta and with the
Board aforesaid had been service with the Government.
(2) The Government shall pay to Enemalta, in respect of any
gratuity granted under subarticle (1), a contribution equal to such
proportion of the gratuity as the term of service of the employee
with the Government bears to the total term of his service with the
Government and Enemalta.
(3) Nothing in this article shall be deemed to prevent Enemalta
from granting, in accordance with any scheme established under
article 29, any sum or sums to any such employee by way of
pension, gratuity or other allowance in addition to any gratuity
granted under the provisions of subarticle (1), but the Government
shall not be required to make any contribution towards any
additional sum so granted.
(4) The provisions of article 29(2) shall apply to any pension,
gratuity or other allowance granted under this article.
  22      CAP. 272. h                ENEMALTA
PART VI
CONTRACTS AND POWER TO ACQUIRE OR DISPOSE OF 
PROPERTY
Contracts of supply 
or works.
Amended by: 
XIII. 1983.5; 
XXXIV. 1989.2.
35. (1) Except with the approval of the Minister granted for
special reasons, Enemalta shall not enter into any contract for the
supply of goods or materials, other than petroleum, or for the
execution of works, which is estimated by the Board to exceed in
value the sum of ten thousand liri, or such sum as the House of
Representatives may by resolution establish, unless after notice of
the intention of the Corporation to enter into the contract has been
published and competitive tenders have been issued.
(2) Enemalta shall obtain petroleum in such manner and under
such terms and conditions as it may, with the concurrence of the
Minister, determine or agree.
Power to acquire 
and dispose of 
property.
36. (1) Subject to the provisions of the last preceding article,
Enemalta may, for the purpose of the due and efficient discharge of
its functions under this Act - 
( a ) purchase or otherwise acquire and hold any movable
property and dispose of any such property; and
( b ) purchase or otherwise acquire and hold any lands or
other immovable property or interest therein and take
any such property on lease or on any other title
whatsoever.
(2) Enemalta may, with the written authority of the Prime
Minister, alienate or hypothecate any lands or other immovable
property or interest therein vested in Enemalta by this Act or
otherwise acquired by the Corporation and may also, with the
consent of the Minister, grant a lease of such lands or property for
any period.
(3) Enemalta may, without the consent aforesaid, grant a lease
of any land or other immovable property of the Corporation for a
term not exceeding eight years, provided the full rental value in
respect of the same be reserved year by year on such lease and no
premium be payable in respect of the same.
PART VII 
MISCELLANEOUS PROVISIONS
Licence for 
generation of 
energy, supply of 
petroleum, etc.
37. ( deleted by XXV.2000.36. )
Grant of licences 
by Enemalta and 
other 
arrangements.
38. ( deleted by XXV.2000.36. )
Power to make 
regulations.
39. Enemalta may, with the approval of the Minister, make
regulations, not inconsistent with the provisions of this Act, or the
                          ENEMALTA   g CAP. 272.        23
provisions in or under any other law regulating the functions of
Enemalta, to prescribe and otherwise make provision with respect
to:
( a ) the duties of any officers of the Corporation relating to
the inspection of any installation, equipment, plant,
apparatus, works and other property of the
Corporation, the intervals, times and manner in which
any installations, apparatus or other property of
Enemalta shall be inspected, and the notice (if any) to
be given in relation to inspections;
( b ) the conditions under which any installation, apparatus
or other property of the Corporation shall be installed,
worked, operated, maintained, protected, controlled or
in any way safeguarded and the prohibition of the use
of any dangerous installation, apparatus or fittings;
( c ) the standards to be adopted for measurement of
dimensions of installations and apparatus;
( d ) subject to the provisions of article 20(5), any tariff of
prices, fees and charges which may be or are required
to be prescribed by or under the provisions of this Act
or of any regulations made thereunder and the time,
place and manner for the payment of such prices, fees
or charges and the mode of collecting and disposal
thereof;
( e ) ( deleted by XXV.2000.36. );
( f ) ( deleted by XXV.2000.36. );
( g ) ( deleted by XXV.2000.36. );
( h ) ( deleted by XXV.2000.36. );
( i ) the methods to be adopted for the provision of services
provided by the Corporation, the security to be
furnished by persons who wish to avail themselves of
such services, the conditions for the discontinuance of
such services in cases where the requirements of this
Act or of any regulation made thereunder is not
complied with, or where a person is in arrears of his
payments of any proper prices, charges or fees or uses
defective apparatus, instruments or fittings, and also in
other cases where such discontinuance may be deemed
necessary or advisable;
( j ) ( deleted by XXV.2000.36. );
( k ) such matters in connection with the issue of
debentures or debenture stock under this Act as the
Board may deem it necessary or expedient to
prescribe, and, in particular, for regulating the method
of issue, transfer, redemption, or other dealing with
such debentures or debenture stock;
( l ) any other matter which may be or is required to be
prescribed by this Act; and
( m ) any other matter which may appear to Enemalta
  24      CAP. 272. h                ENEMALTA
necessary or expedient for the better carrying out of
the provisions of this Act.
Public lighting. 40. (1) Enemalta, upon receiving reasonable notice from the
Government, requiring it to fix public lamps or to supply electrical
energy to public lamps, shall supply and fix such public lamps and,
in so far as it is able to do so, give and continue to give a supply of
electrical energy to such lamps in such quantities as the
Government may from time to time require.
(2) The price to be charged by and paid to Enemalta for the
supply and fixing of public lamps and for all electrical energy
supplied to such lamps, and all matters relating thereto, shall be
settled by agreement between the Government and the Corporation,
after allowance is made for all relevant factors.
(3) In this article "public lamp" means an electrical lamp used
for the lighting of any street.
Exemption from 
the provisions of 
this Act.
41. ( deleted by XXV.2000.36 )
Power of entry for 
ascertaining 
condition of 
installations, etc.
Amended by:
XXV. 2000.36.
42. Any person authorized by the Board may, at all reasonable
times, enter any premises to which electrical energy is, has been or
is to be supplied by Enemalta, or in which any installation,
apparatus, instrument, plant or accessories are, have been or are to
be installed, or otherwise exist, for or in connection with the
supply, storage, distribution, sale or other disposal of electrical
energy or of petroleum by Enemalta, for the purpose of:
( a ) inspecting, maintaining and, if need be, repairing any
of the items mentioned above, as well as any electric
lines, meters, fittings, works or apparatus belonging to
Enemalta or installed therein;
( b ) ascertaining such data or information as the Board may
require in connection with the services given by
Enemalta;
( c ) removing all or any installations, apparatus,
instruments, plant or accessories belonging to the
Corporation, whenever any service provided by the
Corporation is no longer required or where the
Corporation is authorized to withdraw its services:
   Provided that Enemalta shall repair all damage caused by any
such entry, inspection or removal.
Offences relating 
to precautions in 
execution of 
works.
Amended by:
XXV. 2000.36.
43. (1) The execution of all work in connection with the
services given by Enemalta shall be carried out in such manner as
may be prescribed by or under this Act or by or under any other
law, and without prejudice to the public safety or private safety.
(2) Any person who, without lawful excuse, contravenes or
fails to comply with the provision of this article shall be guilty of
an offence under this Act.
                          ENEMALTA   g CAP. 272.        25
Offences relating 
to installations, 
etc., supplied.
44. (1) No person shall use any electrical energy or any
installation, apparatus, instrument or their accessories, supplied by
Enemalta, or any petroleum supplied for sale or other disposal by
or on behalf of Enemalta, whether directly or indirectly, for
purposes other than that for which it is supplied; and any
declaration or clear indication by Enemalta as to the purpose for
which any thing as aforesaid has been supplied shall be conclusive
evidence of such purpose.
(2) Any person who contravenes the provision of this article
shall be guilty of an offence against this Act.
Other offences.
( a ) obstructs or impedes any member of the Board or any
officer, agent or servant of Enemalta in the exercise of
his duties under this Act or under any regulations
made under this Act; or
( b ) contravenes or fails to comply with any of the
provisions of this Act or of any such regulations as
aforesaid or any order lawfully given under the
provisions of this Act or of such regulations; or
( c ) where a licence or other permission is required under
the provisions of this Act or under any regulations as
aforesaid, for the use of the services or facilities of
Enemalta, makes use of such services or facilities
without such a licence or permission or contravenes or
fails to comply with the conditions of any such licence
or permission,
shall be guilty of an offence against this Act.
Penalty for 
offences.  Amended 
by:
XIII. 1983.5.
Cap. 9.
46. (1) Any person guilty of an offence against this Act or
against any regulations, rules or orders made under this Act, shall,
without prejudice to his liability under the Criminal Code or any
other law, be liable, on conviction, to imprisonment for a term not
exceeding six months, or to a fine ( multa ) not exceeding five
hundred liri, or to both such imprisonment and fine.
(2) Where an offence against this Act as is referred to in article
38 or in article 45( c ) has been committed, any installation,
apparatus, instrument, plant, equipment or other thing used in or for
the purpose of the commission of the offence shall be forfeited to
the Government.
Saving.
Cap. 25. 
 47. (1) All regulations, rules or orders made under, or kept in
force by, the Gas Act, 1952 *  or the Electricity Act, 1963 *  or made
under any provision of the Petroleum (Importation, Storage and
Sale) Ordinance, repealed or amended by this Act, if and as in force
immediately before the commencement of this article, shall so
continue in force thereafter as if they had been made under this Act,
or under the appropriate provisions amended by this Act, as the
case may require, subject to such modifications, adaptations and
limitations as may be necessary or expedient to give them effect as
*Repealed by this Act.
  26      CAP. 272. h                ENEMALTA
if they had been so made, and may be revoked, altered or amended
accordingly.
(2) Any licence, permission or other authority granted under
any enactment, or any provision thereof, repealed or amended by
this Act, and still in force immediately before such repeal or
amendment, shall continue in force thereafter as if it were a licence,
permission or authority granted under a corresponding provision of
this Act, or, as the case may require, a provision as amended by this
Act; and any such licence, permission or authority as aforesaid
shall be treated and dealt with accordingly.
Amended by: 
XXIII. 1991.53.
SCHEDULE 
gA R T I C L E  15h
Provisions as to joint meter-reading, account-keeping and bill-
collection service and as to the exercise of certain functions by the
Water Services Corporation on behalf of Enemalta.
l. The Water Services Corporation is hereby appointed in the
name and on behalf of Enemalta to exercise and perform as fully
and effectually in all respects as Enemalta itself all such functions
as are or may from time to time be lawfully vested in Enemalta in
respect of the acts and matters following, namely:
( a ) to demand, require, receive, accept, cancel, waive and
generally deal with any suretyship, security, deposit,
or undertaking in respect of sums due to Enemalta for
the supply of electrical energy, meter-rent and services
(hereinafter in this Schedule referred to as "sums due
to Enemalta");
( b ) to carry out the reading of meters for the purpose of
ascertaining the quantity of electrical energy supplied
and, where applicable, the maximum demand;
( c ) to keep accounts showing the sums due to Enemalta
and to preserve any books or documents relating to or
connected with such accounts;
( d ) to undertake the computation, service and collection of
bills in respect of sums due to Enemalta;
( e ) to receive from consumers of electrical energy any
notice of - 
(i) intention to discontinue the use of such energy;
or
(ii) the carrying out of alterations to premises or to
installations;
( f ) to cause the supply of electrical energy to any
consumer to be suspended in the case of non-payment
of sums due to Enemalta after the expiration of the
prescribed period, or of unjustified refusal of access to
the premises; and for this purpose to cause the main
                          ENEMALTA   g CAP. 272.        27
fuses to be removed or the installation to be
disconnected at the mains, whether overhead or
underground;
( g ) to cause the meter to be removed from the premises in
the case of delay in the payment of sums due to
Enemalta beyond three months, or earlier if so deemed
necessary;
( h ) to reconnect the supply, and, if necessary, replace the
meter after payment of sums due to Enemalta has been
made;
( i ) to enter upon any premises and to carry out and do
therein any act or thing within the authority of
Enemalta;
( j ) to assess, by means of such criteria as are within the
discretion of Enemalta, the consumption of electrical
energy in any premises to which entry for the purpose
of reading the meters has been refused after reasonable
notice has been given;
( k ) generally to perform any other act, incidental or
supplementary to the foregoing, which Enemalta, but
for the provisions of this Schedule, would have been
entitled to perform in relation to and for the purposes
of meter-reading, account-keeping and bill-collection
as applicable to the supply of electrical energy.
Cap. 16.     
Cap. 12.
2. If any sums due to Enemalta shall not be paid or if any
goods or materials belonging to Enemalta are not returned by any
consumer of electrical energy, the Water Services Corporation
may, notwithstanding the provisions of article 1866 of the Civil
Code, take any legal or other proceeding authorised by law for the
recovery thereof in the name and on behalf of Enemalta; and for the
purposes of article 466 of the Code of Organization and Civil
Procedure the Water Services Corporation shall be deemed to be
acting as a head of department in respect of so much of any such
proceedings as are taken on behalf of Enemalta.
3. While they are acting within the limits of the powers
conferred on the Water Services Corporation by or under the
provisions of this Schedule the officers and servants of the Water
Services Corporation shall, for the purposes of any enactment or
regulation containing any reference to the officers and servants of
Enemalta, be deemed to be also the officers and servants of
Enemalta.
4. The Water Services Corporation may, in respect of the
accounts of Enemalta and of sums due to Enemalta, continue in
force any arrangements entered into with any other government
department for the computing of bills and keeping of accounts and
for the provision of legal or other assistance.
5. Enemalta shall have a right of access to and inspection of
the accounts kept by the Water Services Corporation in relation to
the activities of Enemalta and shall have the right to keep at the
offices of the Water Services Corporation such number of
  28      CAP. 272. h                ENEMALTA
representatives as may from time to time be agreed between
Enemalta and the Water Services Corporation.
6. From time to time as occasion may require, Enemalta and
the Water Services Corporation may by means of a public deed in
the acts of the Notary to Government, the terms of which shall first
be approved by the Minister, enter into an agreement (hereinafter in
this Schedule referred to as "the agreement") regulating all or any
of the following matters:
( a ) the access to and inspection of the accounts and the
number and powers of the representatives of Enemalta
referred to in paragraph 5 of this Schedule;
( b ) the consideration (including reimbursement of any
expenses and administrative charges properly met or
incurred by the Water Services Corporation) to be paid
to, or to be retained by, the Water Services
Corporation in respect of the exercise and performance
by the Water Services Corporation of the functions
vested in it by this Schedule;
( c ) the periods at which and the manner in which the
Water Services Corporation shall remit to Enemalta
sums collected by the Water Services Corporation on
behalf of Enemalta or, to the extent that arrangements
for set-off are made in the agreement, such balances
thereof as are outstanding after any amounts due to the
Water Services Corporation under the last preceding
sub-paragraph have been deducted;
( d ) the time and method of exchanging information and of
using means of consultation between Enemalta and the
Water Services Corporation for the better execution in
their joint interest of the provisions of this Schedule
and of the agreement;
( e ) the financial, banking, auditing and administrative
procedures to be followed by both sides for the regular
and efficient working of the arrangements existing
between them including, without prejudice to the
generality of the foregoing, the forms to be used, the
documents to be preserved, the books to be kept, the
returns to be made, the notices to be given or
communicated and the accounts to be rendered;
( f ) such other matters incidental and supplementary to the
foregoing for which, with the approval of the Minister,
they may deem it necessary and expedient to provide.
7. The Minister shall cause a copy of the agreement to be laid
on the Table of the House of Representatives.
