Cap. 268 Art. 5Disposal not in accordance with Act to constitute offence.

(1) Any person who enters into or appears on any deed, instrument or contract (whether in his own name or on behalf of others) in contravention of any of the provisions of article 3, and any person who induces any other person to enter into or appear on any such deed, instrument or contract as aforesaid or the making thereof, or aids or abets any of the aforesaid acts, shall be guilty of an offence and shall be liable on conviction to a fine (multa) not exceeding two thousand and three hundred and twenty-nine euro and thirty-seven cents (2,329.37) or to imprisonment not exceeding six months or to both such fine and imprisonment: Provided that it shall be a defence for any person to prove that he took reasonable steps to ascertain that the deed, instrument or contract would not, where made, be in contravention of the provisions aforesaid.

(2) For the purposes of any proceedings under subarticle (1), a declaration made by a court of competent jurisdiction that a disposal is null and void on the ground that it was made in contravention of any of the provisions of article 3, or a mere declaration that it was so made, shall be conclusive evidence that the disposal was made in contravention of these provisions; and where any action for any such declaration has been taken, the period of prescription in respect of any offence against this article shall be suspended until a final judgment on the issue is given or the action is abandoned. Resolution No. Policy relating to the Transfers of Government Land 178 of the 11th April, 2005; L.N. 423 of 2007; Resolution No. 318 of the 19th November, 2007; Resolution No. 284 of the 14th December, 2011; Resolution No. 338 of the 6th December, 2012. Resolution No. 227 of the 22nd June, 2015; XXVII. 2016.6. Interpretation this document the words ‘land’ and ‘transfer’ shall have the same is given to them by this Act; and any reference to ‘government land’ or building’ includes a reference to any land or building administered by cases in which government land may be transferred according to policy in this schedule are additional to the cases in which government land transferred according to article 3(1)(a), (b), (d), (e) and (f) of this Act. by title of sale or redemption Government land may be sold or the perpetual or temporary dominium burden thereon may be redeemed if such land consists of flats, houses or which are offered by means of a public notice to be bought or redeemed by a resides therein in the case of flats or houses, or by the recognized or tenant in the case of garages, under such conditions as are shown in perpetual dominium directum of government land, where the ground-revisable, may be redeemed by the recognised emphyteuta, in accordance conditions contained in a public notice.

Government land which had originally been granted by Government on title title of emphyteusis, even if such emphyteusis has expired, and which is commercial purposes only may, by means of a public notice or scheme in granted on a new title of lease or emphyteusis to the present tenant or occupying the said tenement.

by title of emphyteusis Government land may be transferred by title of emphyteusis: if it consists in land which is offered for development under a ‘Home Ownership Scheme’ by means of a public notice containing the conditions of the transfer and the manner of choice of the person who is making an offer; if it consists in land which is offered for an industrial project after applicant would have satisfied Government about the benefit which the project would render to the country’s economy and that it would create Department of Lands to operate a kiosk in such same locality;

(d) if it consists of land granted for a period of fifty (50) livestock farmers in the dairy and/or pig-breeding running of farms.