                               AIDS TO INDUSTRIES                      g CAP. 159.         1
CHAPTER 159
AIDS TO INDUSTRIES ORDINANCE
To encourage the establishment or development of industrial undertakings and to make
provision for various aids thereto.
(1st January, 1959)
 Enacted by ORDINANCE XXIA of 1959, as amended by Legal Notice 58 of 1959;
Ordinances: XIV of 1959, XVI of 1960, XIX of 1962; Legal Notice 4 of 1963; Acts: XXIV and
XXIX of 1965; Legal Notice 46 of 1965; Acts: XXVII of 1967, XI of 1969, XII of 1974; Legal
Notice 85 of 1974; Act LVIII of 1974; Legal Notice 148 of 1975; and Acts: XI of 1977, IX of
1979, VIII of 1982, XIII of 1983, XI of 1987, VIII of 1990, XXVIII of 1995 and IV of 2001.
ARRANGEMENT OF ORDINANCE
SCHEDULES  
Articles 
Part I.  Short Title and Interpretation   1-2 
Part II.  Relief from Income Tax  3-7A 
Part III.  Relief from Customs Duty  8-11 
Part IV.  Anti-Dumping and Countervailing Duties  12-20
Part V.  General Provisions, Penalties and Safeguards  21-35
First Schedule.  Articles in respect of the Importation of which Exemption
from Customs Duty may be granted under subarticle (1) of
article 8 of this Ordinance.
Second Schedule.       Procedure regarding Applications.
Third Schedule.          Investment Allowance and Deductions for Wear and Tear.
Fourth Schedule.       Reduction of Company Tax.
  2        CAP. 159. h                  AIDS TO INDUSTRIES
PART I 
SHORT TITLE AND INTERPRETATION
Short title. 
Amended by: 
XXIX.1965.2.
l. The short title of this Ordinance is the Aids to Industries
Ordinance.
Interpretation. 
Amended by: 
XVI.1960.3; 
XXIV.1965.2; 
XXIX.l965.2; 
XXVII.1967.20; 
XI.1969.2; 
XII.1974.2; 
LVIII.1974.68; 
IX.1979.2; 
XI. 1987.2;
XXVIII.1995.2.
2. (1) In this Ordinance, unless the context otherwise
requires-
"aids" means the reliefs referred to in Part II and Part III of this
Ordinance;
"Comptroller" means the Comptroller of Customs;
"Commissioner" means the Commissioner of Inland Revenue;
"construction day" means a day, after the coming into operation
of this Ordinance, specified in any application made under this
Ordinance as being the day on or before which it is intended to
commence the construction (including structural alteration,
extension or improvement) of the industrial building to which the
application relates;
Cap. 202.
"the Corporation" means the Malta Development Corporation
established by article 3 of the Malta Development Corporation Act;
"defined parcel of land" means any plot of land so located and of
such extension and description as the Minister responsible for
tourism shall approve in writing to be suitable for development as a
centre for tourism; 
"fishing, horticultural or agricultural undertaking" means an
undertaking carrying on or intending to carry on, by way of trade,
any fishing, horticultural or agricultural enterprise which, in the
opinion of the Minister responsible for agriculture makes a
substantial contribution to the food supply of Malta or has a good
export potential;
"guest" means any person who comes to Malta as a tourist and
any person who comes to Malta and establishes himself therein for
any length of time but is not in Malta by reason of his office,
business or employment;
"hotel" includes any number of constructions suitably furnished
and equipped, with accommodation in single or double bedrooms,
provided that such constructions are grouped together and have in
common ancillary hotel services and amenities within a single and
defined parcel of land and are operated by a common management
to accommodate and for the use of guests against payment, and
including guest houses;
"industrial building" means any kind of building or structure
whatsoever occupied or to be occupied in Malta by an industrial
undertaking for the purposes of the trade carried on by such
undertaking and, in particular, includes any building or structure
provided by the industrialist for the welfare of workers employed in
that trade and in use for that purpose, but does not include any
building or structure in use as, or as part of, a dwelling-house
(other than a hotel), retail shop or showroom or for any purpose
                               AIDS TO INDUSTRIES                      g CAP. 159.         3
ancillary to the purposes of a dwelling-house (other than a hotel),
retail shop or showroom;
"industrialist" means a person carrying on or intending to carry
on an industrial undertaking;
"industrial undertaking" and "undertaking" mean an undertaking
carrying on or intended to carry on in Malta a trade which consists
in the production, manufacture or improvement of an article or
commodity or in the provision or improvement of any service and
include an undertaking relating to shipping and an undertaking
relating to a hotel;
"Malta" has the same meaning as is assigned to it by article 124
of the Constitution of Malta;
"person" includes an association of persons and in particular
includes a company or partnership;
"production day" means a day, after the coming into operation of
this Ordinance, specified in any application made under this
Ordinance as being the day on or before which it is anticipated that
the industrial undertaking to which the application relates will
commence to produce in marketable quantities the articles or
commodities produced, manufactured or improved by it or to run
on commercial scale the service provided or improved by such
undertaking.
(2) For the avoidance of doubt it is hereby declared that
notwithstanding any exemption or relief from the payment of any
tax or duty granted under this Ordinance in respect of any industrial
undertaking, the President of Malta may, after such consultation as
may be required by this Ordinance, make a further order or further
orders under articles 3 and 8 in respect of any expansion of the
undertaking aforesaid, and, in respect of any such expansion or of
any further expansion thereof, any such exemption or relief may be
allowed for such period as is provided in the said articles 3 and 8,
respectively, and subject to such conditions and the giving of such
security as the President of Malta thinks fit.
PART II
RELIEF FROM INCOME TAX
Income Tax 
Holiday. 
Amended by: 
L.N. 46 of 1965; 
XXIV.1965.3; 
XXVII.1967.20; 
LVIII. 1974.68; 
XI.1987.3;
IV. 2001.35.
3. (1) Where it appears to the President of Malta, after
consultation with the Corporation, that the income derived by an
industrialist in respect of gains or profits from the trade or part of
the trade of an industrial undertaking should be exempted in whole
or in part from the payment of income tax, the President of Malta
may by order allow such exemption during a period, hereinafter
referred to as "the tax holiday period", of not more than ten years
from the production day or from such other days as may be
determined by the President of Malta and subject to such conditions
and the giving of such security as the President of Malta thinks fit:
  4        CAP. 159. h                  AIDS TO INDUSTRIES
Provided further that for the purpose of achieving the aims of this
article, the President of Malta may by order provide that during the
said ten years the profits of an industrial undertaking be taxed at such
reduced rate of income tax and subject to such conditions which to him
may seem reasonable after consultation with the Corporation.
  Provided that if the end of the tax holiday period does not
coincide with the end of an accounting period of an industrial
undertaking, the income for the accounting period in which the last
day of the tax holiday period falls shall be apportioned between the
parts of the said accounting period which respectively precede and
follow the end of the tax holiday period, and the income thus
attributed to the part which precedes the end of the tax holiday
period shall be exempt from income tax.
Cap. 123.
(2) In computing the income for the tax holiday period and for
the whole of the accounting period in which the last day of the tax
holiday period falls the wear and tear of plant, machinery and
premises being a mill, factory or other similar premises shall be
computed in accordance with the provisions of, and at the rates
prescribed under, the Income Tax Act.
Cap. 123. (3) The provisions of the Income Tax Act, relating to the
deduction of any expenditure on scientific research and on patents
or patent rights, where applicable to an industrialist to whom
subarticle (1) of this article applies, shall commence to apply in the
first year of assessment following the year of assessment during the
basis period of which the tax holiday period ends:
  Provided that such deduction shall be computed by the
Commissioner as if the expenditure incurred at any time up to the
end of the accounting period in which the last day of the tax
holiday period falls were incurred on the first day following the end
of the said accounting period. 
(4) Any loss incurred during the tax holiday period by an
industrialist to whom subarticle (1) applies in the trade referred to
in that subarticle shall be set off without any limitation against the
income derived from that trade during the period or periods
immediately following the tax holiday period: 
Cap. 123.
Provided that in determining any such loss no account shall be
taken of any capital allowances referred to in the Income Tax Act.
Cap. 168.
 (5) An industrialist to whom subarticle (1) applies, being a
limited liability company within the meaning of the Commercial
Partnerships Ordinance * , shall be entitled during the tax holiday
period and within two years thereafter to distribute to the members
of the company a sum equal to the income derived during the tax
holiday period from the trade referred to in the aforesaid subarticle
and every such sum shall be exempt from the payment of income
tax in the hands of such members:
  Provided that such period of two years may be extended for
further periods, each not exceeding two years, as the President after
consultation with the Corporation may, for the expansion of the
*Repealed by Act XXV of 1995 (Chapter 386).
                               AIDS TO INDUSTRIES                      g CAP. 159.         5
industry, determine.
(6) Every industrialist aforesaid shall upon payment of a
dividend to which subarticle (5) applies furnish to each shareholder
a certificate setting forth the amount of the dividend paid, the
period of profits out of which it is paid, and declaring that it is
exempt from income tax as provided for by subarticle (1).
Cap. 123.
(7) Every industrialist to whom subarticle (1) applies shall
keep separate accounts relating to the income derived from the
trade referred to in that subarticle, and in all accounts and
statements submitted to the Commissioner such income shall be
separately set out; and notwithstanding the exemption from income
tax in the tax holiday period the provisions of Part IX of the Income
Tax Act, shall,  mutatis mutandis , apply to every such industrialist.
Investment and 
depreciation allow-
ance. 
Added by:
XII.1974.3. 
Amended by: 
LVIII. 1974.68; IX. 
1979.3; 
XI. 1987.4. 
Cap. 123.
4. (1) Where it appears to the President of Malta after
consultation with the Corporation that from the income derived by
an industrialist in respect of gains or profits from the trade or part
of the trade of an industrial undertaking there should be allowed,
for the purposes of the Income Tax Act, an investment allowance
and a deduction for wear and tear in respect of any plant and
machinery, owned by the industrialist, and used or employed in the
trade or part of the trade of the industrial undertaking, the President
of Malta may by order allow such investment allowance and such
deduction for wear and tear as set out in the Third Schedule:
 Provided that such investment allowance and such deduction
for wear and tear shall be allowed in respect only of plant and
machinery first acquired, used and employed on the construction
day or within five years thereafter:
Cap. 123.
Provided further that no such allowance or deduction shall be
allowed when the income derives from gains or profits referred to
in article 23 of the Income Tax Act.
Cap. 123.
(2) Notwithstanding anything contained in article 14(1) of the
Income Tax Act, no initial allowance shall be granted in respect of
any plant and machinery which has been the subject of an order
under subarticle (1) and no deduction from income shall be allowed
for exhaustion or wear and tear of any such plant and machinery
other than that provided for in subarticle (1).
Cap. 123.
deduction made under subarticle (1) shall be deemed to be a
deduction made under paragraph ( f ) or under paragraph ( j ) as the
case may be of article 14(1) of the Income Tax Act and all the
relevant provisions of the Income Tax Act shall apply to such
allowance and such deduction:
Cap. 123.
  Provided that paragraph (iii) of the proviso to article 14(1)( f ) of
the Income Tax Act shall not operate so as to prevent the
investment allowance and deduction for wear and tear made under
subarticle (1) when taken together from exceeding the original cost
of the plant and machinery by the amount of the investment
allowance:
Cap. 123.
  6        CAP. 159. h                  AIDS TO INDUSTRIES
Tax Act shall not apply to any investment allowance made under
subarticle (1) of this article.
Reduced rates of 
income tax. 
Added by: 
XII.1974.3. 
Amended by: 
LVIII. 1974.68. 
Su6stituted by: 
IX. 1979.4. 
Amended by: 
XI. 1987.5.  
Cap. 123.
5. (1) Where it appears to the President of Malta, after
consultation with the Corporation, that the income or part of the
income derived by an industrialist being a company as defined in
the Income Tax Act, in respect of gains or profits from the trade or
part of the trade of an industrial undertaking in any year has been
set aside for the exclusive purpose of financing any project of the
company as shall have been approved by the Corporation, and
notice of such intention was given to the Commissioner at the time
the income or part of the income was set aside as aforesaid, the
President of Malta may by order direct that, subject to such
conditions as he may consider proper to impose and to the
condition that the income or part of the income aforesaid has in fact
been used for the purposes for which it was set aside and in
compliance with all the conditions of the order, the rate of income
tax chargeable under the said Act on the income or part of the
income so used shall be reduced as set out in the Fourth Schedule;
and in any such case the tax chargeable accordingly under the said
Act shall be assessed, or reassessed and where necessary refunded,
as the case may require.
(2) No order shall be made under subarticle (1) -
( a ) later than twenty-four months after the end of the year
immediately preceding the year in which the income in
respect of which the order is applied for falls to be
charged to tax; or
( b ) in respect of any expansion requiring for its realization
a period of more than five years from the date of issue
of the first order made in respect of that expansion.
Cap. 123.
(3) For the purposes of this article, where the Commissioner
has permitted the gains or profits of an industrialist to be computed,
for the purposes of the Income Tax Act, upon the income of the
year terminating on a date in the year immediately preceding the
year of assessment other than the 31st December, such year shall be
deemed to be the year immediately preceding the year of
assessment.
Special allowance 
for Maltese 
companies. 
Added by: 
XII.1974.3. 
Amended by: 
LVIII. 1974.68. 
Cap. 123.
6. Where the President of Malta, after consultation with the
Corporation, is satisfied that the industrial undertaking, being a
company as defined in the Income Tax Act, in respect of which an
order has been or is to be made under article 4 or 5, is controlled by
citizens of Malta, or by other companies controlled by citizens of
Malta, he may increase by ten  per centum  the allowances and
deductions that may be allowed under articles 4 and 5:
  Provided that such increase shall operate only in respect of such
years of assessment during the whole of which the industrial
undertaking is controlled as aforesaid.
                               AIDS TO INDUSTRIES                      g CAP. 159.         7
Tax holiday for 
specified Maltese 
undertakings. 
Added by: 
XII. 1974.3. 
Amended by: 
LVIII. 1974.68.
7. (1) Where it appears to the President of Malta, after
consultation with the Corporation, that the income derived by an
industrialist from the trade or part of the trade of a fishing,
horticultural or agricultural undertaking wholly owned by Maltese
citizens should be exempted from the payment of income tax in
whole or in part, the President of Malta may by order allow such
exemption during a period, hereinafter referred to as "the tax
holiday period", of not more than seven years from the production
day or from such other day as may be determined by the President
of Malta and subject to such conditions and the giving of such
security as the President of Malta may think fit:
  Provided that if the end of the tax holiday period does not
coincide with the end of an accounting period of an industrial
undertaking, the income for the accounting period in which the last
day of the tax holiday period falls shall be apportioned between the
parts of the said accounting period which respectively precede and
follow the end of the tax holiday period, and the income thus
attributed to the part which precedes the end of the tax holiday
period shall be exempted from income tax.
(2) The provisions of subarticles (2) to (7) both inclusive of
article 3 shall  mutatis mutandis  apply in the case of an order made
under subarticle (1) as they apply in the case of an order under the
said article 3(1).
Exemption from 
article 43 of 
Income Tax Act. 
Added by: 
XI. 1987.6.
Cap. 123.
7A. (1) Where it appears to the President after consultation
with the Corporation, that the accumulated reserves of profits or
part thereof of particular years, which an industrialist being a
company as defined in the Income Tax Act, has utilised for the
exclusive purpose of financing any project of the company as shall
have been approved by the Corporation, and notice of such
investment was given to the Commissioner, the President may by
order direct that, subject to such conditions as he may consider
proper to impose and to the condition that such reserves of profits
or part thereof have in fact been utilised for the purposes for which
they were invested and in compliance with all the conditions of the
order, such reserves of profits or part thereof of particular years be
exempted from the provisions of article 43 of the Income Tax Act.
(2) No order shall be made under subarticle (1) in respect of
any profits chargeable in the company’s hands in respect of any
year of assessment prior to that beginning on the lst January, 1984.
(3) For the purposes of this article where the Commissioner has
permitted the gains or profits of an industrialist to be computed for
the purposes of the Income Tax Act, upon the income of the year
terminating on a date in the year immediately preceding the year of
assessment other than the 31st December, such year shall be
deemed to be the year immediately preceding the year of
assessment.
  8        CAP. 159. h                  AIDS TO INDUSTRIES
PART III
RELIEF FROM CUSTOMS DUTY
Relief from 
customs duty. 
Amended by: 
XIV.1959.2; 
XVI.1960.3; 
L.N. 46 of 1965; 
XXVII.1967.20; 
LVIII.1974.68; 
XI. 1987.7.
8. (1) The President of Malta may, after consultation with the
Corporation, by order allow an industrialist to import into Malta,
during a period to be determined by the President of Malta
commencing from the construction day or from such other day as
may be determined by the President of Malta and subject to such
conditions and the giving of such security as the President of Malta
thinks fit, any of the articles specified in the First Schedule hereto
free of customs duty if the industrialist satisfies the Comptroller
that such articles are imported exclusively for the construction,
alteration, reconstruction or extension of an industrial building or
for equipping an industrial building or any extension thereof, in
either case for the purposes of the trade carried on or intended to be
carried on by his undertaking, as also articles shall be imported free
of customs duty under this article if the Comptroller is of opinion
that such articles are intended for the purpose of effecting repairs to
an industrial building or extension thereof, or to any apparatus,
machinery, appliances or equipment contained in any such
industrial building or extension thereof, or for replacing any
apparatus, machinery, appliances or equipment in any industrial
building or extension thereof.
(2) The President of Malta may, in his absolute discretion, by
order allow an industrialist to import into Malta free of customs
duty or at a reduced rate of customs duty during such period as may
be determined by the President of Malta and subject to such
conditions and the giving of such security as the President of Malta
thinks fit, any materials or components which are necessary for and
used in the production, manufacture or improvement by the
industrialist’s undertaking of any article or commodity and any
materials which are necessary for and used in the provision or
improvement by the industrialist’s undertaking of any service.
Control provisions. 
Amended by: 
XVI.1960.3; 
XXIX. 1965.2.
9. Every industrialist who imports into Malta any article free
of customs duty or at a reduced rate of customs duty under the
provisions of article 8 of this Ordinance shall -
( a ) keep such record in such form and containing such
particulars as may be required by the Comptroller of
the articles so imported by him;
( b ) cause such articles to be marked with such mark and in
such manner as may be required by the Comptroller; 
( c ) permit the Comptroller or any person authorized by
him at all reasonable times to inspect such record and
to have access to any industrial building under his
control for the purpose of examining any such articles
which the Comptroller may believe to be therein and
of satisfying himself of the accuracy of the particulars
in relation to such articles contained in such record.
                               AIDS TO INDUSTRIES                      g CAP. 159.         9
Restrictions on dis-
posal. 
Amended by. 
XVI. 1960.3; 
L.N. 4 of 1963; 
XXIX. 1965.2; 
XI. 1977.2; 
VIII. 1982.2.
10. (1) No article imported into Malta by any industrialist free
of customs duty under the provisions of article 8(1) shall be sold,
given away or otherwise disposed of by such industrialist except - 
( a ) in the case of a transfer of the industrial building for
the construction, alteration, reconstruction, extension
or equipment of which such article was imported into
Malta, to the transferee of such industrial building; or
( b ) after payment to the Comptroller of the amount of
customs duty which would have been payable upon the
importation of such article but for article 8(1); or
( c ) with the written authority of the Minister responsible
for industry, after the expiration of five years from the
importation into Malta of such article, in case such
article has been actually used for the purpose for
which it was imported into Malta.
(2) No materials or components imported into Malta by any
industrialist free of customs duty or at a reduced rate of customs
duty under the provisions of article 8(2) shall be sold, given away
or otherwise disposed of by such industrialist except -
( a ) if incorporated in the articles or commodities for the
production, manufacture or improvement of which
they were imported into Malta; or
( b ) after payment to the Comptroller of the amount of
customs duty, or the balance thereof, which would
have been payable upon the importation of such
materials or components but for article 8(2).
Relief from 
customs duty in 
respect of certain 
articles deemed to 
be taken out of 
bond. 
Added by: 
XIX.1962.2. 
Amended by: 
XXIV.l965.4: 
XXIX. 1965.2;
XI. 1977.2.
Cap. 337.
11. Where any article is sold or disposed of to an industrialist
entitled to relief from customs duty in pursuance of an order made
under any of the provisions of article 8, and the sale or disposal of
such article to the industrialist takes place under circumstances
which, but for the operation of this article, would cause such article
to be deemed to be taken out of bond and duty to become payable
thereon by the industrialist in accordance with any of the
provisions of article 6 of the Import Duties Act, such article shall
(to the extent only that the industrialist would have been entitled to
relief from customs duty in respect thereof, under such order as
aforesaid, if he had imported that article at the time of its sale or
disposal to him in Malta) be deemed for the purposes of that order
to be imported by the industrialist at the time at which such article
is sold or disposed of to him.
  10        CAP. 159. h                  AIDS TO INDUSTRIES
PART IV
ANTI-DUMPING AND COUNTERVAILING DUTIES 
Other 
interpretative 
provisions. 
Amended by: 
XXIX. 1965.2.
12. (1) In this Part of this Ordinance - 
"country" includes any territory;
"importer" in relation to any goods at any time between their
importation and the time when they are delivered out of customs
charge, includes any owner or other person for the time being
possessed of or beneficially interested in the goods,
and references to producing goods include references to growing or
manufacturing goods and to the application of any process in the
course of producing goods.
(2) In this Part of this Ordinance references to the country from
which goods are exported to Malta are references to the country
from which they were consigned to Malta and goods which in the
course of consignment from any country to Malta pass through or
are transhipped in any third country shall not on that account be
regarded for the purposes of this Part of this Ordinance as having
been exported from that third country.
Cases where 
customs duties 
may be imposed. 
Amended by: 
L.N. 46 of 1965; 
XXIX.1965.2; 
XXVII.1967.20; 
LVIII.1974.68; 
L.N. 148 of 1975.
13. (1) Where it appears to the President of Malta, after
consultation with the Corporation - 
( a ) that goods of any description are being or have been
imported into Malta in circumstances in which they are
under the provisions of this Part of this Ordinance to
be regarded as having been dumped, or
( b ) that some Government or other authority outside Malta
has been giving a subsidy affecting goods of any
description which are being or have been imported into
Malta,
and that, having regard to all the circumstances, it would be in the
national interest, the President of Malta may, after consultation
with the Corporation, exercise the power conferred on him by this
Part of this Ordinance to impose and vary duties of customs in such
manner as he thinks necessary to meet the dumping or the giving of
the subsidy:
  Provided that, where the President of Malta is not satisfied that
the effect of the dumping or of the giving of the subsidy is such as
to cause or threaten material injury to an established industry in
Malta or is such as to retard materially the establishment of an
industry in Malta, the President of Malta shall not exercise that
power if it appears to him that to do so would conflict with the
obligations of the Government of Malta under the provisions for
the time being in force of the General Agreement on Tariffs and
Trade concluded at Geneva in 1947. 
(2) For the purposes of this Part of this Ordinance imported
goods shall be regarded as having been dumped - 
( a ) if the export price from the country in which the goods
originated is less than the fair market price of the
                               AIDS TO INDUSTRIES                      g CAP. 159.         11
goods in that country, or
( b ) in a case where the country from which the goods were
exported to Malta is different from the country in
which they originated -
(i) if the export price from the country in which the
goods originated is less than the fair market
price of those goods in that country, or
(ii) if the export price from the country from which
the goods were so exported is less than the fair
market price of those goods in that country.
(3) References in this Part of this Ordinance to giving a subsidy
are references to giving, directly or indirectly, a bounty or subsidy
on the production or export of goods (whether by grant, loan, tax
relief or in any other way and whether related directly to the goods
themselves, to materials of the goods or to something else), and
include - 
( a ) the giving of any special subsidy on the transport of a
particular product; and
( b ) the giving of favourable treatment to producers or
exporters in the course of administering any
governmental control over the exchange of currencies
where such treatment has the effect of assisting a
reduction of the prices of goods offered for export,
but do not include the application of restrictions or charges on the
export of materials from any country so as to favour producers in
that country who use those materials in goods produced by them.
Orders imposing 
duties. 
Amended by: 
L.N. 46 of 1965; 
XXIX. 1965.2: 
LVIII. 1974.68.
14. (1) The power which the President of Malta may exercise
under this Part of this Ordinance is a power by order to impose on
goods of a description specified in the order a duty of customs
chargeable on the import of the goods into Malta at a rate specified
in the order.
(2) The matters by reference to which the description of goods
in an order is framed shall include either the country in which the
goods originated or the country from which the goods were
exported to Malta.
(3) Subject to the provisions of the last foregoing subarticle, an
order under this article may include such provisions with respect to
the description of the goods chargeable with duty and with respect
to the cases in which duty is chargeable as may appear to the
President of Malta to be required for the purposes of this Part of
this Ordinance, and in particular - 
( a ) provisions limiting the description of the goods by
reference to the particular persons or organizations by
whom the goods were produced or who were
concerned with the production of the goods in some
specified manner;
( b ) provisions defining the rate of duty by reference to
value or weight or other measure of quantity;
  12        CAP. 159. h                  AIDS TO INDUSTRIES
( c ) provisions directing that duty be charged for any
period, or periods, whether continuous or not, or
without any limit of period, or at different rates for
different periods or parts of periods; and
( d ) in connection with the commencement, variation or
termination of a duty, provisions authorizing
repayments in respect of duty where it is shown that
the prescribed conditions are fulfilled.
(4) Any duty chargeable under this Part of this Ordinance on
any goods shall be chargeable in addition to any other duty of
customs for the time being chargeable thereon.
Relief in respect of 
duties.
Amended by: 
XVI. 1960.3; 
L.N. 46 of 1965; 
XXIX. 1965.2; 
XXVII. 1967.20; 
LVIII. 1974.68.
15. (1) Where it appears to the President of Malta, after
consultation with the Corporation, that relief under this article
should be available as respects a duty imposed by an order under
this Part of this Ordinance (being an order made to afford
protection against dumping), the President of Malta may, if he
thinks fit, in that or a subsequent order under this Part of this
Ordinance, apply the provisions of this article in relation to the
duty.
(2) Where this article applies in relation to any duty, the
importer of any goods chargeable with the duty as being goods
originating in or, as the case may be, exported from a specified
country may apply to the President of Malta for relief from the duty
on those goods.
(3) If on an application so made the President of Malta, after
consultation with the Corporation, is satisfied that the export price
of the goods from that country with the amount of the duty added to
it exceeds the fair market price of the goods in that country, the
President of Malta shall notify the Comptroller of the amount of the
excess, and the Comptroller shall remit or repay the duty up to that
amount.
(4) An application under this article as respects any goods shall
not be made more than six months after the duty has been paid on
the goods, and in connection with any such application the
applicant shall furnish such information and evidence as the
President of Malta or the Corporation may require from him for
ascertaining the said export price or fair market price.
(5) The foregoing provisions of this article shall have effect in
relation to a duty imposed by an order under this Part of this
Ordinance (being an order made to afford protection against the
giving of a subsidy) as if references to the fair market price in a
country were references to the export price from that country
increased by such amount, if any, as may be necessary to offset the
effect of the giving of the subsidy.
Drawback, etc., of 
duties. 
Amended by: 
L.N. 46 of 1965; 
XXIX. 1965.2; 
XXVII. 1967.20; 
LVIII. 1974.68.
16. (1) The President of Malta may, after consultation with
the Corporation, by order provide for the allowance of drawback in
respect of all or any duties under this Part of this Ordinance on the
export of goods in such circumstances and subject to such
conditions as he may specify.
                               AIDS TO INDUSTRIES                      g CAP. 159.         13
(2) The drawback may be in respect of duty paid on the goods
or in respect of duty paid on materials used in the manufacture of
the goods and the rate of the drawback may be determined in such
manner and by reference to such matters as the President of Malta,
after consultation with the Corporation, may specify.
Power to require 
information from 
importers. 
Amended by: 
XVI. 1960.3: 
L.N. 4 of 1963; 
XXIX.1965.2; 
XXVII.1967.20; 
XI. 1977.2; 
VIII. 1982.2.
17. (1) The Comptroller may require the importer of any
goods to state such facts concerning the goods and their history as
he may think necessary to determine whether the goods are goods
originating in a country specified in an order under this Part of this
Ordinance or are goods exported from any country, and to furnish
him in such form as he may require with proof of any statements so
made; and if such proof is not furnished to his satisfaction or the
required facts are not stated, the goods shall be deemed for the
purpose of this Part of this Ordinance to have originated in, or, as
the case may be, to have been exported from, such country as he
may determine:
  Provided that the Comptroller shall require proof of the country
in which goods originated in relation to any duty under this Part of
this Ordinance in the case only of goods exported from such
countries as the Minister responsible for industry, after consulting
the Corporation, may direct in relation to that duty.
(2) Where an order under this Part of this Ordinance limits the
description of goods in respect of which duty is chargeable under
this Part of this Ordinance or the cases in which duty is so
chargeable so that the question whether any and if so what duty is
chargeable on the goods depends on other matters besides the
country in which the goods originated or from which they were
exported, the Comptroller may also require the importer to state
such facts as he may deem necessary to determine that question so
far as regards those other matters and to furnish him in such form
as he may require with proofs of any statements so made; and if
such proof is not furnished to his satisfaction or the required facts
are not stated, those facts shall be deemed for the purposes of duty
under this Part of this Ordinance to be such as he may determine.
Ascertainment of 
export price. 
Amended by: 
L.N. 4 of 1963;
XXVII. 1967.20; 
XI. 1977.2; 
VIII. 1982.2.
18. (1) In relation to goods imported into Malta the export
price from the country in which the goods originated or from which
they were exported shall be determined as provided in the
following provisions of this article.
(2) If the goods are imported under a contract of sale which is a
sale in the open market between buyer and seller independent of
each other, and the Minister responsible for industry, after
consultation with the Corporation, is satisfied as to that fact, as to
the price on that sale and as to such other facts as are material for
this purpose, the export price shall be the price on that sale subject
to a deduction for the cost of insurance and freight from the port or
place of export in the said country to the port or place of import,
and for any other costs, charges or expenses incurred in respect of
the goods after they left the port or place of export, except so far as
any such costs, charges or expenses have to be met separately by
the purchaser.
  14        CAP. 159. h                  AIDS TO INDUSTRIES
(3) If subarticle (2) does not apply, the Minister responsible for
industry, after consultation with the Corporation, shall determine
the export price by reference to such sale of the goods (or of any
goods in which the first mentioned goods were incorporated) as he
may select with such adjustments as may appear to him to be
proper.
(4) In this article the reference to a sale in the open market
between buyer and seller independent of each other presupposes - 
( a ) that the price is the sole consideration; and
( b ) that the price made is not influenced by any
commercial, financial or other relationship, whether
by contract or otherwise, between the seller or any
person associated in business with him and the buyer
or any person associated in business with him (other
than the relationship created by the sale of the goods in
question); and
( c ) that no part of the proceeds of the subsequent re-sale,
use or disposal of the goods will accrue either directly
or indirectly to the seller or any person associated in
business with him.
Ascertainment of 
fair market price.
Amended by: 
L.N. 4 of 1963; 
XXIX. 1965.2; 
XXVII.1967.20; 
XI.1977.2; 
VIII.1982.2.
19. (1) The fair market price of any goods in a country shall
for the purpose of this Part of this Ordinance be determined as
provided in the following provisions of this article.
(2) Subject to the next following subarticle, the fair market
price shall be taken to be the price at which goods of the
description in question (that is to say, any identical or comparable
goods) are being sold in the ordinary course of trade in the said
country for consumption or use there, but subject to any necessary
adjustments, whether for differences in conditions and terms of
sale, for differences in taxation or otherwise, which may be
required for the purpose of ensuring that the comparison between
the fair market price and the export price is effectively a
comparison between the prices on two similar sales.
(3) If it appears to the Minister responsible for industry, after
consultation with the Corporation, that goods of that description are
not being sold in the said country, or not in such circumstances that
the fair market price can be determined in accordance with
subarticle (2), the fair market price shall be determined by the
Minister responsible for industry, after consultation with the
Corporation, by reference to any price obtained for goods of that
description when exported from the said country, with adjustments
made for the purpose mentioned in subarticle (2), or, if the Minister
responsible for industry thinks fit, by reference to the cost or
estimated cost of production of the goods the dumping of which is
in question, with such additions in respect of selling cost and profit
as may appear to the Minister responsible for industry to be proper.
(4) No account shall be taken under this article of any
application of restrictions or charges on the export of materials
from any country so as to favour producers in that country who use
those materials in goods produced by them.
                               AIDS TO INDUSTRIES                      g CAP. 159.         15
Construction of 
references to 
country of origin, 
etc.  
Amended by: 
L.N. 4 of 1963; 
L.N. 46 of 1965; 
XXIX.1965.2; 
XXVII. 1967.20: 
LVIII. 1974.68; 
XI.1977.2; 
VIII.1982.2.
20. (1) Goods shall be regarded for the purposes of this Part of
this Ordinance as having originated in a country - 
( a ) if those goods were wholly produced in that country;
or
( b ) if some stage in the production of the goods was
carried out in that country and the cost of carrying out
such stages, if any, in the production of the goods as
were carried out after those goods last left that country
(but before the import of the goods into Malta) was
less than twenty-five per cent of the cost of production
of the goods as so imported; or
( c ) if some stage in the production of any components or
materials incorporated in the goods was carried out in
that country and the cost of carrying out such stages in
production as were carried out after those components
or materials last left that country to convert those
components or materials into the goods as imported
into Malta was less than twenty-five per cent of the
cost of production of the goods as so imported.
(2) Where the export price of any goods from the country in
which they originated is in question and some stage in the
production of the goods, or of any components or materials
incorporated in the goods, was carried out after they last left that
country, the deductions to be made by the Minister responsible for
industry in the price by reference to which the export price is to be
ascertained shall include a deduction for the cost of carrying out
any such stage in the production of the goods and in the production
of any components or materials incorporated in the goods; and the
fair market price shall be the fair market price of those goods or, as
the case may be, of those components or materials, in the state in
which they left that country.
(3) Any reference in this Part of this Ordinance to the country
in which goods originated shall be taken, in a case where there are
two or more countries which answer to that description, as a
reference to any of those countries.
(4) The President of Malta may, after consultation with the
Corporation, make rules prescribing for the purposes of this Part of
this Ordinance - 
( a ) the costs, charges and expenses to be taken into
account in ascertaining costs of production or the cost
of any stage in production;
( b ) the manner in which cost of production is to be
ascertained in cases where different stages are carried
out by different persons;
( c ) the manner in which the cost of different stages of
production is to be ascertained.
  16        CAP. 159. h                  AIDS TO INDUSTRIES
PART V
GENERAL PROVISIONS, PENALTIES AND SAFEGUARDS
Conditions 
required for aids. 
Amended by: 
L.N. 4 of 1963; 
XXIX.1965.2; 
XXVII.1967.20; 
XI.1977.2; 
VIII. 1982.2.
21. Subject to the provisions of article 8(2), no aid under this
Ordinance shall be granted unless the Minister responsible for
industry, after consultation with the Corporation, is satisfied that -
( a ) the industrial undertaking in respect of which such aid
is applied for is likely to create employment in Malta
or to increase the national product;
( b ) such aid is advisable in order to secure the
establishment and initial operation, expansion or
development of that undertaking; and
( c ) there are good prospects of such undertaking
ultimately being carried on without further aid.
Date from which 
aid may be 
granted.
Added by: 
XIX.1962.3. 
Amended by: 
XXIX.1965.2.
22. Any aid granted under this Ordinance may be granted as
from a date which is earlier than the date of the order granting the
aid but not earlier than the date of commencement of this
Ordinance.
Procedure for 
applications. 
Amended by: 
L.N. 46 of 1965; 
XXIX. 1965.2; 
LVIII.1974.68.
23. Unless otherwise provided in this Ordinance, applications
under this Ordinance shall be made and be dealt with in accordance
with the provisions contained in the Second Schedule, which may
be varied or revoked by rules made by the President of Malta under
article 24.
Rules.  
Amended by: 
L.N. 46 of 1965; 
XXIX.1965.2; 
XXVII.1967.20; 
LVIII.1974.68.
24. The President of Malta may, after consultation with the
Corporation, make rules - 
( a ) requiring any industrialist who has obtained any aid
under this Ordinance to furnish to such officer or
officers as may be specified such returns as may be
required by such officer or officers, and, in particular,
returns of the number of persons employed by him in
each category of work, distinguishing between those
ordinarily resident in Malta and those not so resident;
( b ) requiring any industrialist who has obtained any aid
under this Ordinance to permit such officer or officers
as may be specified to have access to the premises of
his industrial undertaking for the purposes of ensuring
that any conditions attached to such aid are being
complied with and that the provisions of this
Ordinance or of any orders or rules made thereunder
are being observed;
( c ) regulating the procedure of the Corporation and
matters incidental thereto;
( d ) regulating the making of applications under this
Ordinance and the proceedings of the Corporation on
such applications;
( e ) generally for carrying any of the purposes or
provisions of this Ordinance into effect.
                               AIDS TO INDUSTRIES                      g CAP. 159.         17
Rules may 
prescribe penalties. 
Amended by: 
XXIX.1965.2: XIII. 
1983.5.
25. Any rules made under this Ordinance may prescribe the
penalties, not exceeding in any case a fine ( multa ) of fifty liri,
which shall be incurred by any person contravening or failing to
comply with the provisions thereof which shall be awardable, in the
case of continuing offences, for each day during which the offence
continues.
Provisions as to 
orders and rules. 
Amended by: 
L.N. 46 of 1965; 
XXIX. 1965.2; 
XXVII. 1967.20; 
LVIII. 1974.68.
26. Any power of making orders or rules under this Ordinance
shall include a power to vary or revoke any orders or rules so made
by subsequent orders or rules, as the case may be, and shall be
exercisable by the President of Malta after consultation with the
Corporation.
Notice of non- 
compliance. 
Amended by: 
L.N. 46 of 1965; 
XXIX. 1965.2; 
XXVII. 1967.20; 
LVIII. 1974.68. 
27. Where any industrialist fails to comply or cause
compliance with any of the provisions of this Ordinance or of any
rules made thereunder or with any of the conditions attached to the
grant of an aid made to him under this Ordinance, the President of
Malta, after consultation with the Corporation, may, having regard
to the circumstances of the case, and without prejudice to any
criminal proceedings to which the industrialist may be liable, either
by order revoke the grant of any aid made to such industrialist
under this Ordinance or by notice in writing require such
industrialist within thirty days of such notice either - 
( a ) to comply or cause compliance with such provision or
condition, as the case may be; or
( b ) to establish to the President of Malta’s satisfaction that
his failure to comply or cause compliance with such
provision or condition, as the case may be, was due to
some cause beyond his control and that there is a
reasonable prospect of complying or causing
compliance with such provision or condition, as the
case may be, within such time as the President of
Malta may consider reasonable.
Extension for com-
pliance. 
Amended by: 
L.N. 46 of 1965; 
XXVII. 1967.20; 
LVIII. 1974.68.
28. Where any industrialist, on being required so to do by
notice under article 27, satisfies the President of Malta - 
( a ) that his failure to comply or cause compliance with
any provision or condition as aforesaid, as the case
may be, was due to some cause beyond his control; and
( b ) that there is a reasonable prospect of his complying or
causing compliance with such provision or condition,
as the case may be, within such time as the President
of Malta may consider reasonable,
the President of Malta may, after consultation with the Corporation,
authorize such reasonable postponement for the purposes of
compliance with such provision or condition, as the case may be, as
he thinks fit.
Revocation of 
grant. 
Amended by: 
L.N. 46 of 1965;
29. Where any industrialist -
( a ) having been required under article 27 so to do, fails to
satisfy the President of Malta - 
  18        CAP. 159. h                  AIDS TO INDUSTRIES
XXIX.1965.2; 
XXVII.1967.20; 
LVIII. 1974.68.
(i) that his failure to comply or cause compliance
with such provision or condition, as the case
may be, was due to some cause beyond his
control; and
(ii) that there is a reasonable prospect of his
complying or causing compliance with such
provision or condition, as the case may be,
within such time as the President of Malta may
consider reasonable; or
( b ) having been allowed a postponement under article 28
fails within the period of such postponement to comply
or cause compliance with such provision or condition,
as the case may be,
the President of Malta may, after consultation with the Corporation,
by order revoke the grant of any aid made under this Ordinance to
such industrialist.
Repayment on 
revocation.  
Amended by: 
XXIX. 1965.2.
30. Where the grant of any aid made to an industrialist under
this Ordinance is revoked under the provisions of this Ordinance,
such industrialist shall be liable to repay to the Government any
sums which would have been payable by him to the Government
but for the provisions of this Ordinance relating to such grant and
any sums which such industrialist is so liable to pay may be set off
against any sums which may be due from the Government to such
industrialist for whatsoever reason, saving the right of action of the
Government for the recovery of any balance remaining due.
Penalties. 
Amended by: 
L.N. 46 of 1965; 
XXIX. 1965.2; 
XXVII. 1967.20; 
LVIII. 1974.68; 
XIII. 1983.5;
VIII.1990.3.
31. (1) Any industrialist who contravenes or fails to comply
with any of the conditions of the grant of any aid made to him
under this Ordinance shall be guilty of an offence and shall,
without prejudice to any other liability under the provisions of this
Ordinance, be liable on conviction to a fine ( multa ) not exceeding -
( a ) in respect of a first offence, one hundred liri; or
( b ) in respect of a second or subsequent offence, five
hundred liri.
Cap. 9.
(2) Where an industrialist has been convicted of an offence
under subarticle (1), then at any time after such conviction, if the
grant of the aid to which the offence relates has been revoked in
accordance with the provisions of this Ordinance, the President of
Malta may, after consultation with the Corporation, direct the
Chairman of the Corporation to apply to the court before which the
industrialist has been convicted for a decree ordering the
industrialist to repay to the Government, within such period as the
court shall fix, the full amount of any sums which would have been
payable by him to the Government but for the provisions of this
Ordinance relating to such grant, or, if a part thereof has already
been paid under article 30, any unpaid balance thereof or such
lesser proportion thereof as the President of Malta may fix having
regard to all the circumstances and, on such decree being made,
such amount shall be deemed to be a fine ( multa ) and articles 14
and 29 of the Criminal Code shall  mutatis mutandis  apply to such
fine:
                               AIDS TO INDUSTRIES                      g CAP. 159.         19
  Provided that where the provision of this subarticle has been
applied, the industrialist shall not thereafter be required to repay to
the Government under article 30 any further amount of the aid in
relation to which the decree has been made.
Cap. 9.
(3) A decree made by the Court of Magistrates under subarticle
(2) of this article may, in all cases, be appealed against by the
Attorney General and the industrialist against whom the decree has
been made and, subject to this, all the provisions of the Criminal
Code relating to appeals shall,  mutatis mutandis ,   apply to any such
decree.
(4) Any industrialist who contravenes or fails to comply with
any of the provisions of article 3(6) and (7) shall be guilty of an
offence and shall, without prejudice to any other liability under this
Ordinance, be liable on conviction to a fine ( ammenda ) not
exceeding fifty liri.
(5) Any industrialist who contravenes or fails to comply with
any of the provisions of article 9 of this Ordinance shall be guilty
of an offence and shall, without prejudice to any other liability
under this Ordinance, be liable on conviction to a fine ( multa ) not
exceeding two hundred and fifty liri.
(6) Any industrialist who contravenes or fails to comply with
the provisions of article 10 shall be guilty of an offence and shall,
without prejudice to any other liability under this Ordinance, be
liable on conviction to a fine ( multa ) of three times the value of the
article in respect of the disposal of which he contravenes or fails to
comply with such provision.
False statements. 
Amended by: 
L.N. 46 of 1965; 
XXIX.1965.2; 
LVIII.1974.68; 
XIII.1983.5; 
VIII. 1990.3.
32. (1) If for the purpose of obtaining the grant of any aid
under this Ordinance, either for himself or for any other person,
any person knowingly or recklessly makes any false or fraudulent
statement or representation, the person making such statement or
representation, and any person who was granted any aid under this
Ordinance knowing that such statement or representation had been
made shall be guilty of an offence and shall be liable, on conviction
by the Court of Magistrates sitting as a court of criminal judicature,
to a fine ( multa ) not exceeding two hundred and fifty liri or to
imprisonment for a term not exceeding six months or to both such
fine and such imprisonment.
(2) Where any industrialist who has obtained the grant of any
aid under this Ordinance has been convicted of the offence under
subarticle (1), the President of Malta may, after consultation with
the Corporation, by order revoke the grant of the aid to which the
offence relates and the provisions of article 30 and article 31(2)
shall thereupon apply to such industrialist.
(3) If for the purposes of an application under article 15 any
person knowingly or recklessly makes any false or fraudulent
statement or representation, he shall be guilty of an offence and
shall be liable, on conviction by the Court of Magistrates sitting as
a court of criminal judicature, to a fine ( multa ) not exceeding one
hundred liri or to imprisonment for a term not exceeding four
months or to both such fine and such imprisonment and any duty
  20        CAP. 159. h                  AIDS TO INDUSTRIES
remitted or repaid under that article on the application shall be
recoverable by the Government as a civil debt.
Saving. 
Amended by: 
XXIX. 1965.2.
Cap. 9.
33. The punishments provided in articles 31 and 32 shall apply
unless the fact constitutes a more serious offence under the
Criminal Code or some other law, in which case such Code or such
other law shall apply, so however that no person shall be punished
twice for the same offence.
Provisions as to 
proceedings. 
Amended by: 
L.N. 46 of 1965; 
XXIX. 1965.2; 
LVIII. 1974.68.
34. (1) No proceedings for an offence under this Ordinance
shall be instituted, except by or with the consent of the Attorney
General.
(2) Proceedings for an offence under this Ordinance may be
commenced at any time within five years from the date of the
commission of the offence or within three months from the date on
which evidence, sufficient in the opinion of the President of Malta
to justify a prosecution for the offence, comes to the knowledge of
the President of Malta, whichever is the later date:
  Provided that where the offender was outside Malta at the date
on which evidence, sufficient in the opinion of the President of
Malta to justify a prosecution for the offence, comes to the
knowledge of the President of Malta, such proceedings may be
commenced at any time within twelve months from the date on
which he first arrives in Malta.
 For the purposes of this article a certificate of the President of
Malta as to the date on which such evidence as aforesaid comes to
the knowledge of the President of Malta shall be conclusive
evidence thereof.
Offences by 
associations of 
persons. 
Amended by: 
XXIX.1965.2.
35. Where any offence against any of the provisions of this
Ordinance or of any rules made thereunder has been committed by
an association of persons, every person who at the time of the
commission of the offence was a director, general manager,
secretary or other similar officer of that association or was
purporting to act in any such capacity, shall be guilty of that
offence unless he proves that the offence was committed without
his knowledge and that he exercised all such diligence to prevent
the commission of the offence as he ought to have exercised having
regard to the nature of his functions in that capacity and to all the
circumstances.
                               AIDS TO INDUSTRIES                      g CAP. 159.         21
SCHEDULES 
Amended by: 
XIV. 1959.3; 
XXIX.1965.2.
FIRST SCHEDULE
gArticle 8h
A R T I C L E S  I N  R E S P E C T  O F  T H E  I M P O R T A T I O N  O F  W H I C H  E X E M P T I O N  F R O M  
C U S T O M S  D U T Y  M A Y  B E  G R A N T E D  U N D E R   A R T I C L E  8 (1)  
All building materials, tools, plant, machinery, pipes, pumps,
conveyor belts, or other appliances and materials of any description
necessary for and used in the construction, alteration,
reconstruction or extension of the industrial building or necessary
for and used in equipping the industrial building or any extension
thereof for the production, manufacture or improvement of any
article or commodity or for the provision or improvement of any
service.
Amended by: 
L.N. 58 of 1959; 
XIX.1962.4; 
L.N. 4 of 1963; 
XXIX.1965.2; 
XXVII.1967.20; 
L.N. 85 of 1974; 
XI.1977.2; 
VIII.1982.2.
SECOND SCHEDULE 
gArticle 23h 
P R O C E D U R E  R E G A R D I N G  A P P L I C A T I O N S
(1) Application for aid under this Ordinance shall be made to the
Corporation and shall be in such form and contain such particulars
as the Corporation shall determine from time to time by notice in
the Government Gazette.
(2) When the Corporation has considered an application it shall
as soon as may be advise the Minister responsible for industry
thereon in the form of a written report.
  22        CAP. 159. h                  AIDS TO INDUSTRIES
Added by: 
XII. 1974.4. 
Amended by: 
XI. 1987.8.
THIRD SCHEDULE
 gArticle 4h
Added by: 
XII. 1974.4.
Substituted by:
IX.1979.5; 
XI. 1987.9.
FOURTH SCHEDULE 
gArticle 5h
I N V E S T M E N T  A L L O W A N C E  A N D  D E D U C T I O N S  F O R  W E A R  A N D  T E A R  
(i) Investment allowance:
Twenty  per centum  of the original cost of plant and
machinery invested in during the first five years of the
project. 
(ii) Wear and tear deductions.
Year of deduction  Percentage of deduction
First year  30  per centum  of the original cost
Second year  20  per centum  of the original cost 
Third year 20  per centum  of the original cost
Fourth year  10  per centum  of the original cost 
Fifth year  10  per centum  of the original cost
Sixth year 10  per centum  of the original cost
R E D U C T I O N  O F  C O M P A N Y  T A X
Proportion of Company income 
set aside 
Reduction in tax 
rate otherwise 
chargeable
 any amount ..............................  by 17c5
