Cap. 409 Art. 6Appointment of officers. Cap. 93. Cap. 58. Cap. 93. Cap. 93.

(1) The Authority shall appoint such officers and employees as it may from time to time deem necessary to carry out its functions under this Act.

(2) The Authority shall also appoint one of its officers to act as secretary of the Authority.

(3) Without prejudice to subarticle (1), the Authority may, with the approval of the Minister, offer to any public officer performing duties in the department of tourism permanent employment with the Widows’ and Orphans’ Pensions Act, cease to be in the service of the Government and shall enter into service with the Authority with effect from the date of his acceptance of the offer, or such later date agreed between him and the Authority; and for the purposes of the said Ordinance and of the said Act service with the Authority shall be deemed to be service with the Government within the meaning thereof:

Provided that for the purposes of the said Pensions Ordinance the pensionable emoluments of such officer on retirement shall be deemed to be the pensionable emoluments payable to an officer in government service in a grade and at an incremental level corresponding to the post and incremental level at which the officer retires from the Authority.

(5) (a) For the purposes of the proviso to subarticle (4), posts and salary grades with the Authority shall be classified in the most nearly corresponding grades and incremental levels in the service under the Government of Malta by reference to job description, skills, responsibilities and other analogous factors.

(b) The classification referred to in paragraph (a) shall be carried out by a board composed of a chairman appointed by the Ministry responsible for Finance and two other members, one appointed by the Ministry responsible centrally for personnel policies in the public service and one appointed by the Authority. The classification shall be subject to the final approval of the Minister responsible for finance.

(c) Such classification shall take place within three months of any adjustment of salaries of employees in government service and, or, of employees of the Authority.

(d) No post shall be classified in a grade higher than that of grade 3 in the service of the government or such other grade that the Minister responsible for Finance may from time to time in the Gazette determine.

(e) No person may, following a classification as aforesaid, be entitled to rights under the said Pensions Ordinance less favourable than those to which he would have been entitled prior to such classification.

(6) The Authority shall in January of each year pay to the Government the difference between the cost of pensions and gratuities payable at the time of retirement from the Authority and the cost of the pension or gratuity, as the case may be, computed at the time of termination of the service of the officer with the Government to take up employment with the Authority. further appropriation other than this Act, by warrant under the hand of the Minister responsible for finance authorising the Accountant General to make the payment.

(2) Thereafter the Authority shall be paid out of the Consolidated Fund such sums as the House of Representatives may approve.

(3) Without prejudice to the provisions of article 47 the Minister may, on the recommendation of the Authority, make regulations prescribing the contributions payable to the Authority by tourism operations and by such other persons as may be declared by the Minister to be direct beneficiaries of the tourism industry.

(4) The Authority shall cause to be prepared in each financial year, and shall not later than four weeks prior to the end of such year adopt, estimates of the income and expenditure of the Authority for the next following financial year: Provided that, in respect of the first financial year, the Authority shall prepare and adopt estimates not later than twelve weeks after the coming into force of this Act.

(5) The estimates shall be made in such form and shall contain such information and such comparisons with previous estimates as the Minister may direct.

(6) A copy of the estimates of the Authority shall, upon their adoption by the Authority, be sent forthwith to the Minister.

(7) The Minister shall, at the earliest opportunity and not later than eight weeks after he has received a copy of the estimates of the Authority, or, if at any time the House of Representatives is not in session, within eight weeks from the beginning of the next following session, cause such estimates to be laid before the House together with a motion that the House approve the said estimates. One sitting day shall be allotted for the debate in the House on such motion; and both the motion and the approval of the estimates by the House may be with or without amendment to the estimates.

(8) No expenditure shall be incurred by the Authority that has not been approved by the House of Representatives: Provided that:

(a) until the expiration of six months from the beginning of a financial year or until the approval of the estimates for that year, the Authority may make or incur expenditure for carrying out its functions under this Act not exceeding in the aggregate one half of the amount approved for the preceding financial year;

(b) expenditure approved in respect of a head or sub-head of the estimates may, with the approval of the Minister, be incurred in respect of another head or sub-head of the estimates; supplementary estimates for approval by the House and, pending such approval, but subject to its being given, the Authority may in special circumstances and with the approval of the Minister, incur the relative expenditure; and the provisions of this Act applicable to the estimates shall, as near as practicable, apply to the supplementary estimates: Provided further that in respect of the first financial year of the Authority, this subarticle shall apply as if the total expenditure that may be made or incurred by the Authority until the approval of the estimates for that year by the House may not exceed one half of the amount shown in such estimates.

(9) All estimates and supplementary estimates approved by the House shall, as soon as practicable, be published in the Gazette.