Administrative Justice Act (Cap. 490)

Administrative Justice Act (Cap. 490), article 15

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15. (1) The provisions of articles 21, 22 and 23 of the Code of Organization and Civil Procedure shall apply before the Administrative Review Tribunal. (2) Proceedings before the Admi nistrative Review Tribunal shall be commenced by the filing of an application. The applica nt shall file an application in the Registry of the Administrative Review Tribunal. The said application shall contain: (a) a clear and correct stateme nt of the subject-matter and the cause of the claim; (b) the claim or claims; (c) a clear and detailed statement of the facts of the case of which the applicant may be aware; (d) the name of witnesses the applicant intends to produce, including the subpoena of the other party, stating in r e s p e c t o f t h e m t h e p r o o f t h e a p p l i c a n t i n t e n d s t o establish by their evidence; and ADMINISTRATIVE JUSTICE [CAP. 490. 7 (e) the remedy being requested, with costs against the public administration. (3) The application shall be served on the public administration not later than five working days from its date of filing. The provisions of article 3 in so far as they concern the expeditio usness of proceedings shall be observed in so far as the reply is conc erned. (4) The public administration shall file the reply within twenty days from the date of service of the application, unless it int ends to admit the claim. (5) When the public administration intends to admit the claim, wholly and unconditionally, it shall file a note to that effect . Once the applicant declares, by means of a note filed within twenty days from service of the public administration’s admission of claim, that he is satisfied with the remedy granted by the public administration, the Tribunal shall abstain from taking further cognizance of the case. (6) If the applicant is not satisfied with the remedy granted by the respondent, whether in full or in part, or if the public administration intends to c ontest the claim wholly and unconditionally, the public administration shall file a reply containing: (a) any such pleas as would be taken to be waived if not raised before the cont estation of the suit; (b) a clear and correct statement of the pleas on the merits of the claim or claims and referring to the provisions of the law in terms of which the decision was taken; (c) a clear and detailed statem ent of facts of the case of which the public administration is aware, denying, admitting or explaining the circumstances of fact set out in the applicant’s application; (d) the name of the witnesses which the applicant intends to produce, including the subpoena of the other party, stating in respect of each o f them the proof he/she intends to establish by their evidence; (e) a request that the public administration be non-suited with costs against the applicant. (7) Where the claim is contested , the Tribunal shall appoint the case for hearing. (8) The Tribunal shall, subject to the provisions of this Act or any other applicable law regulating the Tribunal’s procedure, regulate its own procedure. Minister to make regulations to implement provisions of this Part.

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Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.