                              MORTMAIN  g CAP. 201.       1
CHAPTER 201 
MORTMAIN ACT
To make new provision in respect of Mortmain, in substitution for the
provisions of Mortmain Law.
(1st September, 1967) *
Enacted by ACT XXVI of 1967 as amended by Act LVIII of 1974; Legal
Notice 148 of 1975; and Acts XIII of 1983, XIV of 1991 and IV of 1992.
Short title.
Interpretation. 
Amended by:
XIV. 1991.2.
2. In this Act, unless the context otherwise requires -
"architect" includes a civil engineer;
"certified purpose" means the use specified in the certificate
issued by the competent ecclesiastical authorities for the purpose of
subsection (1) of section 8 of this Act;
"competent ecclesiastical authorities" means in relation to the
Roman Catholic Church, the Archbishop of Malta or the Bishop of
Gozo according to whether the immovable property is situate
within the territorial limits of the diocese of Malta or of Gozo, and
in relation to any other church or other pious or religious institution
belonging to a denomination other than the Roman Catholic
Church, the highest authority of that denomination in Malta as may
be recognised by the Attorney General for the purposes of this Act;
"extended period" means any period as extended under section 4
of this Act or the period which is to run from the date of restoration
referred to in section 9 of this Act;
"immovable property" means any land or building, and includes
the  dominium directum , the  dominium utile , the  nuda proprietas  or
the right of usufruct of any land or building;
"Malta" means the Island of Malta, the Island of Gozo and the
other Islands of the Maltese Archipelago;
"prescribed period" means - 
( a ) in relation to any immovable property which is
acquired by any church or other pious or religious
institution subject to the temporary right of usufruct in
favour of one or more persons not being a church or
other pious or religious institution, one year from the
day of the cessation of such usufruct and its
consolidation with the  nuda proprietas ;
( b ) in relation to any immovable property which is
acquired by any church or other pious or religious
institution subject to the right of use in favour of one
or more persons not being a church or other pious or
religious institution or subject to the right of habitation
* See  Government Notice No. 573 of the 1st of September, 1967.
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in favour of one or more persons, one year from the
day of the cessation of such right of use or habitation;
( c ) in relation to any immovable property, not falling
under paragraph ( a ) or ( b ) of this section, which is
acquired by any church or other pious or religious
institution by title of legacy, one year from the day on
which such church or other institution is given
possession of such property or two years from the day
of the death of the testator, whichever is the earlier;
( d ) in relation to any immovable property not falling
under paragraph ( a ), ( b ) or ( c ) of this section, one year
from the day of acquisition of such property by the
church or other pious or religious institution.
Immovable 
property acquired 
by churches or by 
other pious 
institutions to be 
disposed of within 
prescribed period. 
3. No immovable property situate in Malta shall be
considered as alienable to, or shall, under any title, be acquired by,
any church or other pious or religious institution, except under the
express condition that such property shall, within the prescribed
period, be definitely and absolutely disposed of, by such church or
institution, to some person or persons not subject to the above
limitation.
Extensions of 
prescribed period.
4. Where it is proved, to the satisfaction of the Prime
Minister, that it is not possible for a church or other pious or
religious institution to dispose of any immovable property falling
under the provision of the last preceding section within the
prescribed period, the Prime Minister may, on application in
writing by the administrator or other lawful representative of such
church or institution, grant extensions of the prescribed period
which do not exceed in the aggregate the total period of three years:
  Provided that the Prime Minister may, on recommendation by
resolution of the House of Representatives, grant further extensions
beyond the said period of three years.
Forfeiture of 
immovable 
property in default 
of disposal.
5. Where any immovable property falling under the
provisions of section 3 of this Act has not been absolutely sold or
disposed of, as laid down in that section, within the prescribed
period or, if such period has been extended, within the extended
period, then, at the expiration of the prescribed period or of the
extended period, as the case may be, such property shall  ipso facto
be forfeited to the Government.
Attorney General 
entrusted with the 
execution of the 
Act. 
Amended by: 
LVIII. 1974.68: 
XIII. 1983.5.
6. (1) The Attorney General is entrusted with the execution
of this Act.
Duties of notaries. (2) Any notary who receives any deed  inter vivos  purporting to
convey or assign any immovable property to a church or other
pious or religious institution, shall, within fifteen days from the
date of any such deed, transmit to the Attorney General a certificate
signed by the notary himself, stating the date on which the deed
was received, the nature thereof, the name of the parties thereto and
                              MORTMAIN  g CAP. 201.       3
the immovable property to which it relates.
Cap. 55.
(3) Notwithstanding the provisions of sections 128 and 131 of
Notarial Profession and Notarial Archives Act, any notary who
contravenes the provision of the last preceding subsection shall be
liable to a fine ( multa ), to be awarded by the Court of Revision of
Notarial Acts in the exercise of its functions under that Act, from
five to twenty liri.
Immovable 
property exempt 
from the provisions 
of sections 3 and 5 
of the Act. 
Amended by: 
LVIII. 1974.68; 
L.N. 148 of 1975; 
XIII. 1983.5. 
Cap. 88.
7. The provisions of sections 3 and 5 of this Act shall not
apply - 
( a ) to any immovable property acquired by any church or
other pious or religious institution, while there is in
force in relation to such property a declaration made
by the President of Malta under section 3 of the Land
Acquisition (Public Purposes) Ordinance:
        Provided that, where the Prime Minister notifies in
writing the administrator or other lawful representative
of the church or other pious or religious institution
concerned that the property or any part thereof is no
longer required under the said declaration, the
provisions of sections 3 and 5 of this Act shall apply as
if such property or part thereof had been acquired by
the church or other pious or religious institution
concerned on the date of the receipt by its
administrator or other lawful representative of the said
written notice;
( b ) to any immovable property acquired by any church or
other pious or religious institution or part of such
property while it is held by the Government by title of
possession and use or by title of public tenure under
the provisions of the Land Acquisition (Public
Purposes) Ordinance:
        Provided that, where the property or any part thereof
ceases to be held by the Government by title of
possession and use, the provisions of sections 3 and 5
shall apply as if such property or part thereof had been
acquired by the church or other pious or religious
institution concerned on the day on which the
administrator or other lawful representative of such
church or other institution has received from the Prime
Minister written notice of that cessation;
( c ) to any immovable property acquired by any church or
other pious or religious institution by title of exchange
against the transfer of other immovable property and - 
(i) the immovable property given in exchange by
such church or other institution is exempt from
the provisions of sections 3 and 5 of this Act for
any reason other than under section 8 of this
Act;
(ii) the value of the immovable property received in
exchange by such church or other institution
  4        CAP. 201. h               MORTMAIN
does not exceed the value of the immovable
property given in exchange by more than five
per centum  and there is annexed to the deed of
exchange a declaration signed by an architect
certifying such fact and signed also by the
Director of Public Works accepting such fact;
( d ) to any immovable property acquired under any title,
other than a title of exchange in which case the
provisions of the last preceding paragraph shall apply,
by any church or other pious or religious institution
from another church or pious or religious institution, if
such property was held by the transferor exempt from
the provisions of sections 3 and 5 of this Act other
than under section 8 of this Act;
( e ) to the reversion, for any reason, of the  dominium utile
of any immovable property and consolidation with the
dominium directum  in favour of any church or other
pious or religious institution which, prior to the
granting of such property by title of emphyteusis, held
it exempt from the provisions of sections 3 and 5 of
this Act other than under section 8 of this Act;
( f ) to any immovable property purchased by a church or
other pious or religious institution, by the payment, as
purchase money, of the amount of compensation which
such church or institution shall have received in
respect of the transfer to the Government of any
immovable property held by it exempt from the
provisions of sections 3 and 5 of this Act other than
under section 8 of this Act; provided such
compensation is not less than one hundred liri, and the
following provisions are observed:
(i) the administrator or other lawful representative
of the church or institution desiring to invest, in
the acquisition of any immovable property, the
sum so paid to him by way of compensation
shall, by an application to the Civil Court,
Second Hall, within the time of six months to be
reckoned from the day on which he shall have
received payment of the compensation, (which
time may, for just cause, be enlarged by the said
court), apply for authority to acquire the
immovable property proposed to be purchased
on behalf of the church or other institution by
the payment of the said compensation as
purchase money;
(ii) the application shall be accompanied by a copy
of the deed of transfer of the immovable
property to the Government and by a valuation,
made by an architect, of the immovable property
proposed to be acquired;
(iii) the court, being satisfied that the value of the
immovable property to be acquired does not
                              MORTMAIN  g CAP. 201.       5
exceed the amount of the compensation received
by the church or other pious or religious
institution for the transfer to the Government of
its immovable property, or that it exceeds it only
by five  per centum  and not more, shall allow the
application;
(iv) in order to ascertain the value of the property
proposed to be acquired, the Court may appoint
one or more architects, of its own choice,
requiring from them a declaration on oath that
they have faithfully and with exactness
performed the duty entrusted to them.
Immovable 
property acquired 
for certain 
specified purposes 
also exempt. 
Amended by: 
LVIII. 1974.68.
8. (1) Subject to the provisions of subsections (2), (3) and (4)
of this section, the provisions of sections 3 and 5 of this Act shall
also not apply - 
( a ) to any site which has been acquired, under any title
whatsoever, by any church or other pious or religious
institution for the purpose of the construction thereon
of a church or the building of a pious or religious
institution, or for the extension thereon of any such
church or building, or for the use of churches, or for
the construction or extension thereon of a parochial
house, a seminary or a house for any religious
community or for the construction of cemeteries,
provided that a certificate of the approval of the use
for any of the said purposes, given by the competent
ecclesiastical authorities, is received by the Attorney
General within ninety days of the date of publication
of the deed by virtue whereof such acquisition was
made;
( b ) to any building which has been acquired, under any
title whatsoever, by any church or other pious or
religious institution for any of the said purposes,
provided that a certificate as referred to in the last
preceding paragraph is received by the Attorney
General within the period therein prescribed. *
(2) Except where the site or the building referred to in the last
preceding subsection has been acquired for the purpose of the
construction or the extension thereon of a church, such site or
building shall be forfeited  ipso facto  to the Government unless it
has been applied to the use specified in the certificate of the
competent ecclesiastical authorities within two years, in the case of
a site, or within one year, in the case of a building, from the date on
which, but for the provision of the said subsection, the prescribed
period would commence to run, or within such further period,
which may not exceed two years, as the Prime Minister, on
*Act XIV of 1991 (transitory provision): The term of ninety days referred to in
paragraph  (b)  of subsection (1) of section 8 of this Act shall, in relation to immovable
property acquired by a church or other pious or religious institution belonging to a
denomination other than the Roman Catholic Church, at any time after the 1st day of
January, 1990, but before the 12th July, 1991, be deemed to commence to run as from
the 12th July, 1991.
  6        CAP. 201. h               MORTMAIN
application of the administrator or other lawful representative of
the church or other pious or religious institution concerned, may
have allowed in writing before the lapse of the original period.
(3) Where the site or the building referred to in subsection (1)
of this section has been acquired for the purpose of the construction
or the extension thereon of a church, such site or building shall be
forfeited  ipso facto  to the Government unless the structure of the
church or the extension thereof has been erected within three years
from the date on which, but for the provision of the said subsection,
the prescribed period would commence to run, or such longer
period, which may not exceed six years, as the competent
ecclesiastical authorities will have specified for that purpose in
their certificate referred to in subsection (1) of this section.
(4) Where a site or building, which is exempt from the
provisions of sections 3 and 5 of this Act under subsection (1) of
this section, ceases to be used for the certified purpose - 
(i) the administrator or other lawful representative
of the church or other pious or religious
institution to which such site or building belongs
shall, under penalty of  ipso facto  forfeiture to
the Government, within three months of the date
when the site or building has ceased to be so
used, notify in writing of such fact the Attorney
General; and
(ii) except where it has been forfeited to the
Government owing to the default of notice in
accordance with the provision of the last
preceding sub-paragraph, such site or building
shall be deemed, for the purposes of this Act, to
have been acquired by the church or other pious
or religious institution to which it belongs on the
day on which it has ceased to be used for the
certified purpose and, thereupon, the provisions
of sections 3 and 5 of this Act shall apply
accordingly.
(5) Without prejudice to the provisions of subsections (2), (3)
and (4) of this section, the expressions "building", "parochial
house", "seminary" and "house for any religious community", in
subsection (1) of this section, shall be deemed to include any such
open land annexed to any of the said constructions and included in
the certificate of the competent ecclesiastical authorities as the
Prime Minister in his discretion may approve:
  Provided that the Prime Minister’s approval shall not be
required in respect of any courtyard or other similar open space
which may normally form part of a building.
Power of the Prime 
Minister to restore 
forfeited property.
9. Where any immovable property has been forfeited to the
Government for non-compliance with any of the provisions of this
Act and the administrator or other lawful representative of the
church or other pious or religious institution by whom such
property has been forfeited shows satisfactorily that such non-
                              MORTMAIN  g CAP. 201.       7
compliance was reasonably justified, it shall be lawful for the
Prime Minister, on the recommendation by resolution of the House
of Representatives, to order the restoration of such property to the
church or other institution concerned, and in such case the period
for compliance with the provisions of this Act shall run from the
date of such restoration unless the property be restored as exempt
from the provisions of this Act:
  Provided that no order for restoration shall be made in respect
of the property forfeited and already disposed of by the
Government or in respect of profits on property restored under this
section which have been already received by the Government up to
the day of the restoration.
Power of the Prime 
Minister to exempt 
property from the 
operation of this 
Act.
10. It shall be lawful for the Prime Minister, on the
recommendation by a Resolution of the House of Representatives,
and with the concurrence in writing of the competent ecclesiastical
authorities, to exempt by order any church or other pious or
religious institution from the operation of this Act in respect of any
determinate immovable property, and from the date of such order
the church or institution so exempted shall be free to hold and
enjoy such property without the restrictions laid down in this Act.
Restoration of 
forfeited property. 
Amended by: 
L.N. 148 of 1975.
11. (1) Any immovable property which, at any time before the
coming into force of this Act, has been forfeited to the Government
owing to non-compliance with any of the provisions of the
Mortmain Law, is by virtue of this Act restored to the church or
other pious or religious institution to which such property belonged
immediately before it was so forfeited and the provisions of this
Act shall apply to such property as if it had been acquired by the
church or other pious or religious institution on the coming into
force of this Act:
  Provided that, where any such property has been disposed of
before the coming into force of this Act in accordance with the
provisions of the Mortmain Law, although not within the time
established therein or thereunder, the provisions of this Act shall be
deemed to have been complied with and any such disposal shall be
deemed to have been validly made.
(2) The provision of the last preceding subsection shall not
apply to any immovable property which was declared to have been
forfeited to the Government by a judgment of the superior courts or
which, having been forfeited to the Government, has been disposed
of by the Government before the coming into force of this Act, and
such property shall remain so forfeited notwithstanding the repeal
of the Mortmain Law.
Right of Church or 
other pious or 
religious 
institutions to own 
and administer 
property.  
Added by: 
IV.1992.11.
12. (1) With effect from such date as the Prime Minister may
by notice in the Gazette establish *  (hereinafter referred to as the
effective date) any church or other pious or religious institution
shall, subject to the provisions of any law dealing with the
acquisition of immovable property by non-residents and of any
other ordinary law of general applicability have the right to acquire
* 18th February, 1993 -  see  L.N. 58 of 1993.
  8        CAP. 201. h               MORTMAIN
and hold possession of immovable property in Malta without any
obligation to dispose of the same within any period and without any
restriction arising out of this Act as to its use and may continue to
hold any immovable property, which may have been acquired by it
before the effective date, without any such obligation or restriction.
(2) The provisions of subsection (2) of section 6 of this Act
shall not apply to any deed therein referred to published on or after
the effective date.
(3) Any immovable property which on or before the effective
date may have been forfeited to the Government in virtue of this
Act, and which on the effective date was still in the possession or
detention of a church or other pious or religious institution is
hereby restored to the church or other pious or religious institution
to which it belonged before it was so forfeited:
  Provided that where any such property has been disposed of
before the effective date in accordance with the provisions of this
Act, although not within the time established therein or thereunder,
the provisions of this Act shall be deemed to have been complied
with and any such disposal shall be deemed to have been validly
made.
