 PUBLIC CURATOR ġ CAP. 299.            1
CHAPTER 299 
PUBLIC CURATOR ACT
To provide for the establishment of the office of Public Curator.
(                       ) *
Enacted by ACT X of 1982, as amended by Acts XIII of 1983 and XVI of
1997.
Short title and 
commencement.
1. This Act may be cited as the Public Curator Act, and shall
come into force on such date as the Minister responsible for justice
may by notice in the Gazette appoint.
Office of Public 
Curator.
2. (1) There shall be a Public Curator whose office shall be a
public office, and who shall have the functions vested in him by or
under this Act.
(2) The Public Curator shall be appointed by the Prime
Minister, for such time and under such terms and conditions as the
Prime Minister may determine.
(3) No person shall be eligible for appointment as Public
Curator, unless he has attained the age of 25 years, and he is either
an officer in the public service or is a person who in the opinion of
the Prime Minister, having regard to his proficiency and experience
in administration of estates, is suitable to be so appointed.
(4) The Prime Minister may appoint any public officer or such
number of persons not being public officers as he may determine,
to be officers of the Public Curator for such time and under such
terms and conditions as the Prime Minister may determine.
(5) Upon their appointment the Public Curator and the officers
of the Public Curator shall take an oath to perform faithfully and
honestly all the functions which they may be required to perform
under this Act. The oath shall be taken before the Attorney General.
Functions of Public 
Curator.
3. (1) Subject to and in accordance with the provisions of this
Act, the functions hereinafter mentioned may be conferred on and
may be performed by the Public Curator:
( a ) the administration of estates; 
( b ) testamentary executorship;
Cap. 16.
Code refers;
Cap. 12.
( d ) the function of judicial sequestrator referred to in Sub-
Title III of the Title VI of Book Third of the Code of
Organization and Civil Procedure;
( e ) curatorship to interdicted or incapacitated persons,
absentees and vacant inheritances; 
( f ) the examination of accounts of tutors, curators and
other administrators.
*Not yet in force.
  2      CAP. 299. ħ                PUBLIC CURATOR
(2) In the exercise of such functions the Public Curator shall
have all those rights and be subject to all those obligations which
under any law are inherent to such functions:
Provided that the Public Curator shall be exempt from giving
any bond or other security prior to or upon the vesting in him of
any function under this Act:
Provided further that a record of the property over which the
Public Curator exercises his functions shall be kept by the Public
Curator and on such record being made and notice thereof given in
the Gazette, the Public Curator shall not be bound to do any further
act required by law in relation to the description of such property.
(3) ( a ) The Public Curator may authorise in writing any of his
officers to perform on his behalf any of the functions
vested in him in accordance with the provisions of this
Act;
( b ) in the exercise of their duties and functions the officers
of the Public Curator shall be responsible to the Public
Curator.
(4) Without prejudice to any right competent to him under any
law, any person aggrieved by any act or omission of the Public
Curator in the exercise of his function under this Act, may, by
application, refer the matter to the Civil Court, Second Hall, and
the court, after hearing the Public Curator, shall give such direction
and advice as appears to the court to be conducive to a practical and
equitable solution to the matter.
(5) The accounts relating to the property over which the Public
Curator exercises his functions, together with a report of the
administration thereof, shall be rendered annually to such person or
authority, at such times and in such manner as may be prescribed
under this Act:
Provided that in the case of property over which no person
having an interest can be traced the Public Curator shall each year
make a report of the administration of such property to the Minister
responsible for justice. Such report shall include the accounts of the
administration covering a period of twelve months ending on the
3lst December, duly audited in terms of section 11 of this Act, and
shall be laid on the Table of the House of Representatives by the
said Minister not later than the 31st day of the March following the
year to which the report and accounts refer.
Procedure relating 
to appointment of 
Public Curator as 
administrator, etc. 
Cap. 12.
4. (1) The Public Curator shall be nominated, appointed, or
confirmed to perform his functions as administrator, executor,
sequestrator or curator in relation to any property mentioned in the
instrument of nomination, appointment or confirmation, by any
court having jurisdiction or by any person, as the case may be, in
the like manner as is, in or under the provisions of the Code of
Organization and Civil Procedure or any other law, applicable to
such function, in so far as such provisions are not incompatible
with the provisions of this Act:
Provided that the Public Curator shall be deemed to have
 PUBLIC CURATOR ġ CAP. 299.            3
been confirmed as testamentary executor by the Civil Court,
Second Hall on his filing a note in the registry of the said court,
declaring that he has accepted the testamentary executorship.
(2) On the Public Curator undertaking by declaration published
in the Gazette, to administer the property, such administration
shall, by virtue of this Act and without the necessity of any other
formality required by law, vest in him.
Public Curator may 
not decline 
appointment.
5. (1) The Public Curator may either absolutely or condi-
tionally decline to administer any property:
Provided that the Public Curator may not decline any
appointment by a court under this Act, unless the Civil Court,
Second Hall, on the application of the Public Curator upon good
cause being shown, shall authorise him so to do:
Provided further that the Public Curator shall not so decline,
or be so authorised to decline, solely on the ground that the value of
the estate to be administered is small.
(2) The Civil Court, Second Hall, may, on the application made
by the Public Curator at any time after his appointment, substitute
any person for, or appoint any person jointly with, the Public
Curator in the discharge of all or any of his functions in relation to
any property specified in the decree of the court.
(3) The Public Curator shall not accept any appointment which
involves the management or carrying on of any business, except in
the cases in which he may be authorised under the regulations made
under this Act, nor shall he accept the administration of any estate
which he has reasonable belief to be insolvent.
(4) The Public Curator shall not accept the administration of
any property exclusively destined for religious or charitable
purposes.
Public Curator to 
act in the interest 
of the estate.
6. In the exercise of his functions under this Act, the Public
Curator shall act in the best interests of the persons having a right
in or over the property placed under his control in accordance with
the provisions of this Act.
Fees payable to 
Public Curator.
7. (1) The fees payable for services performed under this Act
shall be those prescribed under section 17 of the Act.
(2) The Public Curator shall collect such fees on behalf of the
Government.
Administration of 
small estate. 
Amended by: 
XIII. 1983.5.
8. (1) Any person having an interest in an estate, the gross
capital value of which is less than ten thousand liri, may apply to
the Civil Court, Second Hall, to direct that the administration of
such estate be vested in the Public Curator.
(2) Upon such application the court shall hear the Public
Curator, and shall, unless it has grave reason not to do so in the
interest of the persons concerned, vest the Public Curator with the
administration of the estate.
(3) The Civil Court, Second Hall, may, without judicial
proceedings, give leave to the Public Curator to sell or otherwise
  4      CAP. 299. ħ                PUBLIC CURATOR
transfer any property administered by him.
(4) Any person who, but for the decree of the court vesting the
administration in the Public Curator, would have been entitled to
administer the estate, shall be discharged from all liability
attaching to the administration except in respect of any liability
incurred prior to the decree.
Substitution of 
testamentary 
executor, etc., by 
Public Curator.
9. Any person performing any function which may, in
accordance with the provisions of section 3 of this Act be conferred
on the Public Curator, notwithstanding that he has acted in the
administration of the estate, may, with the sanction of the court,
and after such notice being given to the persons beneficially
interested, as the court may direct, transfer the administration of
such estate to the Public Curator:
Provided that the court may direct that such estate be
administered by the Public Curator solely or jointly with the
applicant and/or any other person.
Public Curator may 
act jointly with 
others.
10. Subject to the provisions of this Act, the Public Curator
may act either solely or jointly with any person in any function
which he may be called to perform under this Act.
Accounts subject 
to audit by Auditor 
General.
Amended by:
XVI.1997.8.
11. The accounts relating to property placed under the control
of the Public Curator shall be subject to audit by the Auditor
General.
Examination of 
accounts by the 
Public Curator. 
Cap. 12.
12. (1) Notwithstanding the provisions of section 513 of the
Code of Organization and Civil Procedure or of any other law, the
examination of the accounts of tutors, curators or other
administrators shall be carried out by the Public Curator.
(2) On completion of such examination the Public Curator shall
draw up a report and certify that the accounts show a true picture of
the affairs of the administration or that such accounts are deficient
in such respect as may be specified in such certificate.
(3) Such examination may be made at any time the Public
Curator deems fit and shall also be made on the direction of the
court or may be also made on the demand of any tutor, curator or
other administrator responsible for, or of any beneficiary, having
an interest in, the accounts to be examined, even though such
administration may have commenced prior to the coming into force
of this Act.
Public Curator 
shall have access to 
books.
13. The Public Curator shall have the right of access to the
books of account and any other document pertaining to the
administration and may require from any tutor, curator or other
administrator such information and explanation as may be
necessary for the performance of his duties.
Failure to produce 
documents.
14. If any person having the custody of any book of accounts
or other documents to which the Public Curator has a right of
access under this Act, fails to produce to, or refuses to allow, the
Public Curator to have access thereto or in any other way hinders
an examination, the Public Curator may apply to the Civil Court,
 PUBLIC CURATOR ġ CAP. 299.            5
Second Hall, and thereupon the court shall make such order as it
deems fit to enforce the Public Curator’s rights. Failure to abide by
the decree given by the court shall amount to contempt of court and
shall become punishable as such.
Interested persons 
have right to 
inspect accounts, 
etc.
15. Any person having an interest in any property placed under
the control of the Public Curator shall, subject to any regulation
made under this Act, be entitled at all reasonable times to inspect
and take copies of the accounts relating to such property, and, upon
the payment of such fees as may be prescribed, to be furnished with
copies thereof or extracts therefrom.
Offences and 
penalties.
16. Unless the act constitutes a graver offence under any other
law, any person who in any document, intended for the Public
Curator, knowingly makes a false declaration or statement, or gives
false information shall be guilty of an offence and shall be liable,
on conviction, to imprisonment for a term not exceeding six months
or to a fine ( multa ).
Power to make 
regulations.
17. The Minister responsible for justice may make regulations
for prescribing - 
( a ) the fees payable to the Public Curator for services
performed under this Act;
( b ) anything that may be prescribed under this Act;
( c ) the manner in which property administered by the
Public Curator or any other administrator, is to be
offered for sale or any other form of transfer; and
( d ) in general, for securing the better carrying out of any
of the provisions of this Act.
