TALLYING [ S.L.352.07 1
SUBSIDIARY LEGISLATION 352.07
TALLYING REGULATIONS
10th July, 1978
LEGAL NOTICE 73 of 1978, as amended by Legal Notice 21 of 1978
and Act XVII of 1991.
Citation. 
Definitions.
Amended by:
XVII. 1991.81.
Cap. 352.
2. In these regulations, unless the context otherwise requires -
"Authority" means the Malta Maritime Authority established
under the Malta Maritime Authority Act, and includes any officer
of the Authority authorised in writing by the said Authority to act
on its behalf;
"Comptroller of Customs" includes any officer of the Customs
Department authorised in writing by the said Comptroller to act on
his behalf;
"Minister" means the Minister responsible for ports;
"tally clerk" means a person who, in accordance with these
regulations, tallies, in such manner and at such places as the
Minister may determine, goods discharged from or to be loaded on
to a ship.
Compulsory tally.
or loaded any goods from or on to a ship unless such goods are
tallied by him or under his instructions in accordance with the
provisions of these regulations:
Provided that the provision of this regulation shall not
apply to -
( a ) ship stores, fittings and/or furniture discharged from or
loaded on to a ship on which such stores, fittings or
furniture have been or may be used;
( b ) goods carried between the islands of Malta, Gozo and
Comino;
( c ) cereals in bulk;
( d ) coke or coal in bulk;
( e ) oil or wines in bulk;
( f ) live animals;
( g ) fish discharged from or loaded on fishing vessels, or
( h ) any other type of goods which the Minister may
exempt from tallying.
Manner and place 
of tally.
4. The Minister may direct that the tallying of goods required
by the provision of regulation 3 shall take place jointly with the
contractor, in such manner and at such place or places as the
Minister may determine.
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Production of tally 
sheets.
Amended by:
L.N. 105 of 1978;
XVII. 1991.81.
Cap. 37.
Cap. 352.
5. The Comptroller of Customs or the Authority may require
any person taking or causing to be taken a tally of goods under the
provisions of these regulations to produce signed copies of tally
sheets in respect of any goods which such person discharged or
loaded or caused to be discharged or loaded from or on to a ship
and such copies shall, for the purposes of the Customs Ordinance
and the Malta Maritime Authority Act, be deemed to be
declarations in respect of the quantity and nature of goods
discharged from or loaded on to such ship.
Tally clerks.
Amended by:
XVII. 1991.81.
6. (1) No person shall perform the work of a tally clerk unless
he is so authorised in writing by the Authority.
(2) The Authority shall authorise such number of tally clerks
as, in his opinion, shall be sufficient to cope with the actual volume
of work in the ports and may specify the number of tally clerks
which it may deem to be adequate to take a reliable tally in any one
particular operation.
(3) No person shall be authorised to perform the work of a tally
clerk by the Authority -
( a ) unless such person -
(i) is a citizen of Malta;
(ii) is over twenty-one years of age;
(iii) is, in the opinion of the Authority, a fit and
proper person to be a tally clerk, and
(iv) satisfies the requirements of regulation 7, or
( b ) if such person has been convicted of the crime of theft
or of fraud.
(4) The Authority shall withdraw the authority given to a
person to perform the work of a tally clerk if, after being so
authorised, such person is convicted of the crime of theft or of
fraud:
Provided that, in the case of a first offence involving an
amount not exceeding three liri, the Authority shall temporarily
withdraw such authority for a period of not less than ten days but
not more than three months and during such period of suspension
the person precluded from working as a tally clerk shall not receive
or be paid any remuneration whatsoever.
(4) A person who, during the six months immediately
preceding the 10th day of July, 1978 has performed the work of a
tally clerk shall, on application made within thirty days from such
date, be authorised by the Authority to work as a tally clerk,
provided such person satisfies the requirements of subregulation
(3)( a )(i) and (ii) and ( b ) and of regulation 7.
Tally clerks not to 
engage in the 
business of 
importing or 
exporting goods.
Amended by:
XVII. 1991.81.
7. (1) The Authority shall not authorise any person to
perform the work of tally clerk if such person performs also the
activities of an importer or exporter of goods into or from Malta,
whether in his own name or on behalf of any other person or if such
first named person has a direct or indirect interest in any
undertaking dealing with such import or export operations.
TALLYING [ S.L.352.07 3
(2) The Authority shall not authorise any person to perform the
work of tally clerk unless such person first produces to the
Authority a declaration signed by him in which he declares that he
does not perform any of the activities referred to in subregulation
(1).
(3) The Authority shall withdraw the authority given to any
person to perform the work of tally clerk as soon as it becomes
aware that the declaration signed by such person in terms of
subregulation (2) is false in any respect.
Regular 
employees.
8. (1) Subject to the provision of subregulation (2), nothing
in these regulations shall be deemed to preclude any person
discharging or loading goods, or causing any goods to be
discharged or loaded, from or on to a ship from performing also the
tallying of goods by means of his regular employees.
(2) Any regular employee as is referred to in subregulation (1)
shall satisfy the requirements of regulation 6(3)( a )(i) and (ii) and
( b ) and of regulation 7 and shall not be a member of the crew of the
ship in which or from which goods so tallied are being loaded or
unloaded.
Disciplinary 
proceedings.
Amended by:
XVII. 1991.81.
Cap. 352.
9. (1) The Authority shall institute disciplinary proceedings
against any person who performs the work of tally clerk and who
contravenes any provision of the Malta Maritime Authority Act or
of any of the provisions of these regulations or who, in the course
of or in connection with his duties, is negligent or misbehaves or
fails to comply with any directive given by the Authority, or by any
person on whose behalf the tally of cargo is performed, or by a
representative of any such person.
S.L.352.05
regulations substituting them, shall apply in respect of the hearing
of any matter arising out of any disciplinary proceedings as are
referred to in subregulation (1), including the summoning of
witnesses and the determination of any such matter.
S.L.352.05
Regulations shall be the Disciplinary Board competent to hear and
determine matters arising out of disciplinary proceedings instituted
under subregulation (1) and such Board shall have the power to
award the punishments specified in those regulations as if the
relative provisions of those regulations were included in these
regulations:
Provided that, in respect of a person performing the work of
a tally clerk, termination of employment shall be deemed to mean
the revocation of the written authorisation given by the Authority
under regulation 6 to that person to perform such work.
S.L.352.05
(4) The procedure of the Disciplinary Board shall be that laid
down in the Ports (Disciplinary) Regulations, or in any regulations
substituting them.
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Criminal 
proceedings.
Amended by:
XVII. 1991.81.
Cap. 352.
10. Any disciplinary proceedings taken against a person
performing the work of tally clerk under the provisions of these
regulations shall be without prejudice to any criminal proceedings
which may be taken against such person under the Malta Maritime
Authority Act or under any other law, and any proceedings which
may be taken under any such laws shall be without prejudice to any
such disciplinary proceedings.
Tally clerks to be 
public officers.
Cap. 9.
11. Whilst acting within the scope of the provisions of these
regulations, a person performing the work of tally clerk shall be
deemed to be a public officer or servant for the purposes of the
provisions of the Criminal Code.
Exception. 12. Saving the provisions of regulations 4, 5 and 13, these
regulations shall not apply to Customs officials or to persons
employed by the contractor and instructed by him to perform the
work of a tally clerk in a warehouse.
Penalties. 13. Saving the provisions of regulations 9 and 10, any person
who contravenes any of the provisions of these regulations shall be
guilty of an offence and shall, on conviction, be liable to a fine
( multa ) of not less than fifty liri but not exceeding one hundred liri
or to imprisonment for a term not exceeding three months, or to
both such fine and imprisonment.
