PORTS (DISCIPLINARY) g S.L.352.05 1
SUBSIDIARY LEGISLATION 352.05
PORTS (DISCIPLINARY) REGULATIONS
30th January, 1976
LEGAL NOTICE 22 of 1976, as amended by Legal Notice 68 of 1976
and Act XVII of 1991.
Citation. 
Regulations.
Interpretation.
Amended by:
XVII. 1991.81.
Cap. 352.
2. In these regulations, unless the context otherwise requires:
"Act" means the Malta Maritime Authority Act;
"Authority" means the Malta Maritime Authority established
under the Malta Maritime Authority Act;
"Board" means the Disciplinary Board set up in accordance with
the provisions of regulation 3;
Cap. 171.
"employee" means a person employed by the Contractor either
regularly or casually other than foremen and port workers licensed
or registered under the provisions of the Port Workers Ordinance;
"Minister" means the Minister responsible for ports.
Disciplinary 
Board.
3. (1) There shall be established a Board, to be called the
Disciplinary Board, which shall exercise and perform the functions
assigned to it by these regulations.
(2) The Board shall be appointed by the Minister.
Constitution of the 
Disciplinary 
Board.
Amended by:
XVII. 1991.81.
4. (1) The Board shall consist of a Chairman, two members,
and a secretary.
(2) The secretary of the Board shall be an officer of the
Authority.
Functions of the 
Disciplinary 
Board.
5. (1) It shall be the duty of the Board to:
( a ) investigate cases brought before it;
( b ) summon witnesses;
( c ) hear evidence under oath; and
( d ) decide the cases investigated by it.
(2) In the exercise of its powers in accordance with
subregulation (1)( b ) and ( c ) the Board shall have the powers which
are conferred by law on the First Hall of the Civil Court:
Provided that -
( a ) the Board shall not in any case be enabled to order the
detention of any person; and
( b ) the duties of the court usher and of the court marshal
respectively shall be performed by members of the
Executive Police detailed for the purpose by the
Commissioner of Police.Functions of the Disciplinary
Board.
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Procedure of the 
Disciplinary 
Board.
Amended by:
L.N. 68 of 1976;
XVII. 1991.81.
6. (1) The Chairman of the Board shall preside at all
meetings of the Board and shall administer the oath as necessary.
(2) The Board shall cause full records of its proceedings to be
kept by its secretary and these records shall be confirmed by the
Chairman.
(3) The Board may reach a decision by means of a majority
vote.
(4) Immediately proceedings are concluded the Chairman shall
communicate to the Authority any decision reached by Board.
(5) The Board shall decide any dispute about procedure that
may arise in connection with cases brought before it and such
decisions shall be final and binding.
(6) Subject to the provisions of these regulations the Board
shall have the power to regulate its own procedure.
Offences.
Amended by:
L.N. 68 of 1976;
XVII. 1991.81.
7. (1) An employee of the contractor who contravenes or fails
to comply with the provisions of the Act or of these regulations or
with directives issued by the Authority or its contractor, as the case
may be, or who misconducts himself or grossly misbehaves in the
course of or in connection with his work or who fails to perform his
duties or is negligent in the performance of his duties shall be
guilty of an offence in terms of these regulations.
(2) The contractor may in his discretion bring offences before
the Board in accordance with the provisions of these regulations:
Provided that the Authority may request the contractor to
bring offences before the Board and when so requested the
contractor shall take such action.
Charges.
Amended by:
L.N. 68 of 1976.
8. (1) A charge against an employee shall be made by the
contractor within twenty-one days from the date on which the
investigations in connection with an offence have been concluded
to the satisfaction of the contractor:
Provided that in the case of an offence in respect of which
criminal proceedings have been instituted, the said period of
twenty-one days shall start to run from the date on which the Court
gives its final judgment.
(2) Such charge shall be made in writing and shall specify the
offence.
(3) In making a charge the contractor shall demand a written
explanation from the employee concerned within ten days from the
date on which such charge is communicated to such employee. In
default of such written explanation the charge shall be deemed to
have been admitted and the Board shall decide the case.
(4) The contractor shall notify an employee of the charge made
against him either by having such charge delivered to him
personally or at his place of residence or by sending it to him by
registered post.
(5) In replying to a charge the employee concerned may reserve
the right to make oral submissions to the Board.
PORTS (DISCIPLINARY) g S.L.352.05 3
(6) The contractor shall within five working days of the receipt
of such reply submit to the Chairman of the Board a copy of the
charge made against the employee concerned and the original reply
thereto.
Commencement 
and conclusion of 
proceedings.
9. (1) The Board shall commence the hearing of any case
brought before it within fifteen days of the date on which the
contractor notifies such case to the Chairman.
(2) The Board shall conclude the hearing of a case and reach a
decision thereon within twenty days of the start of the hearing:
Provided that in exceptional cases the Minister may for
serious reasons extend such period by further periods not exceeding
fifteen days each time.
Employee assisted 
by another person.
10. (1) When replying to a charge or when appearing before
the Board an employee against whom disciplinary proceedings are
being taken may be assisted by a person of his choice.
(2) Such employee may request the Board to summon
witnesses in his defence and the Board shall duly summon such
witnesses, and he or the person assisting him may examine and
cross-examine witnesses.
Service of 
proceedings.
Amended by:
L.N. 68 of 1976.
11. (1) The Board shall notify the employee against whom
disciplinary proceedings are being taken and shall summon any
witnesses to appear before it on the day, time and place fixed for
the hearing of such proceedings.
(2) Such notification or summons shall be signed by the
Chairman of the Board and shall be delivered personally to, or at
the place of residence of, the employee concerned or to the witness
as the case may be or sent by registered post not later than five days
before the hearing of the proceedings.
Proceedings  in 
absentia .
12. If an employee against whom disciplinary proceedings are
being taken under the provisions of these regulations fails to appear
before the Board within sixty minutes from the time fixed for a
hearing, the Board shall proceed to hear the case in his absence and
shall give its decision not earlier than four days after its last sitting:
Provided that if the employee concerned within two days
after the day fixed for the hearing of his case justifies his absence
to the satisfaction of the Board, the Board may hear the
submissions of the employee and the evidence of his witnesses
before giving its decision.
Proof of service.
sends any communication, notification or summons by registered
letter through the post it shall be sufficient proof of service of such
letter for all effects and purposes of these regulations if the
registered letter has been properly addressed and posted.
Penalties.
Amended by:
XVII. 1991.81.
14. (1) Without prejudice to the provisions of regulation 16, if
an employee is found guilty by the Board of having contravened or
of having failed to comply with the provisions of the Act or of
these regulations or with the directives issued by the Authority or
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its contractor, as the case may be, or of having misconducted
himself or of having grossly misbehaved in the course of or in
connection with his work or of having failed to perform his duties
or of having been negligent in the performance of his duties, the
Board may, without prejudice the provisions of any other law -
( a ) fine such employee a sum of not less than three liri and
not more than twenty liri; and/or
( b ) suspend him from his duties for a period of not less
than ten days and not more than three months during
which time no remuneration shall be paid to or
received by such employee; or
( c ) order the contractor to terminate his employment.
(2) Notwithstanding the provisions of any other law, the
decisions taken by the Board shall be final and binding.
(3) An employee whose employment is terminated by order of
the Board shall forfeit all rights and all benefits, financial or
otherwise, which may accrue to him in virtue of his employment.
(4) The contractor shall without loss of time, put into effect the
orders of, and the decisions reached by, the Board.
(5) Any fine inflicted by the Board shall be recovered by the
Authority as a civil debt.
Criminal 
proceedings.
15. Any disciplinary proceedings taken against an employee
under the provisions of these regulations shall be without prejudice
to any criminal proceedings which may be taken against him under
the Act or under any other law and any proceedings taken under
any of such laws shall be without prejudice to any such disciplinary
proceedings.
Automatic 
termination of 
employment.
16. (1) The employment of an employee shall be
automatically terminated if such employee is convicted or declared
guilty of theft or fraud:
Provided that in the case of a first offence involving an
amount not exceeding three liri such employee shall be suspended
by the Board for a period of not less than ten days and not
exceeding three months.
(2) An employee whose employment is terminated in
accordance with the provisions of this regulation shall forfeit all
rights and all benefits, financial or otherwise, which may accrue to
him in virtue of his employment.
