         DONATED SUPPLIES (PROHIBITION OF SALE)  [ CAP. 145.          1
CHAPTER 145 
DONATED SUPPLIES (PROHIBITION OF SALE) 
ACT
To provide for the prohibition of trading in supplies received in Malta
for free distribution to indigent families.
20th December, 1955
ACT XLIV of 1955, as amended by Emergency Ordinance XIV of 1958;
Ordinances XVII of 1961 and XXV of 1962; and Acts XXXI of 1966, XI of
1977 and XIII of 1983.
Short title.
(Prohibition of Sale) Act.
Prohibitions. 
Amended by: 
XXXI. 1966; 
XIII. 1983.5.
2. (1) Any person who, for the purposes of trade or business,
buys or otherwise acquires, sells or keeps or exposes for sale, or
disposes of any supplies or goods received in Malta by the
Government of Malta or any other authority or person from any
country abroad for free distribution to indigent or deserving people,
shall be guilty of an offence and shall be liable on first conviction
thereof, to a fine ( multa ) of not less than fifty liri but not exceeding
five hundred liri and, on a second or subsequent conviction, to
imprisonment for a term of not less than three months but not
exceeding twelve months, and, in either case, the supplies or goods
to which the offence relates shall be forfeited.
(2) If the person convicted of an offence under subarticle (1) is
a trader, all his trading licences shall be suspended for a time of not
less than one month and not more than six months.
Presumptions. 
Amended by: 
XIV.1958; 
XVII.1961.5; 
XXV.1962.2; XXXI. 
1966.
3. For the purposes of article 2 -
( a ) any trader who has any such supplies or goods as
therein mentioned or containers thereof in his shop or
place of business shall, unless he produces written
authority to that effect from the Minister responsible
for the Department of Social Services, be deemed to
have acquired those supplies or goods for the purposes
of trade or business and to be keeping the same for sale
for those purposes;
( b ) any trader who has any such supplies or goods as
aforesaid in any premises under his control other than
his shop or place of business shall be deemed to be
keeping the same for sale for the purposes of trade or
business, unless he proves that he acquired the same as
a recipient on a free distribution made to indigent or
deserving people;
( c ) any person who disposes of any such supplies or goods
as aforesaid in favour of a trader otherwise than by
way of his entitlement in a free distribution to indigent
or deserving people shall be deemed to have disposed
  2        CAP. 145. ]       DONATED SUPPLIES (PROHIBITION OF SALE) 
of such supplies or goods for purposes of trade or
business;
( d ) any person having any quantities of such supplies or
goods as aforesaid for free distribution to indigent or
deserving people or for the use of the inmates of any
institution who disposes of any such supplies or goods
otherwise than for that purpose for valuable
consideration shall be deemed to have disposed of
such supplies or goods for purposes of trade or
business.
Non-applicability 
of Probation Act. 
Substituted by: 
XI .1977.2. 
Cap. 446.
4. The provisions of articles 7 and 22 of the Probation Act,
shall not apply in respect of offences under this Act.
