Cap. 492 чл. 35The Malta Council for the Voluntary Sector

(1) There shall be a body, to be known as the Malta

Council for the Voluntary Sector, which shall have a distinct legal personality. The role of the Council shall be to promote the voluntary sector, provide a forum for the voluntary sector and a platform from which to develop co-operation between voluntary organisations and the Government and co-operation between voluntary organisations amongst themselves. The Malta Council for the Voluntary Sector shall also assist and advise the Commissioner for the Voluntary Sector.

(b) four (4) members shall be appointed by the Minister in accordance with sub-article (3) from among the voluntary sector in order to represent voluntary organisations; and

(c) six (6) members shall be elected directly by the voluntary sector.

(3) The four (4) members of the Council who are appointed by the Minister to represent voluntary organisations shall be appointed after the receipt of nominations following a public call by the Minister for nominations in the following manner:

(a) one (1) member to represent founders of and donors to voluntary organisations;

(b) one (1) member to represent members of voluntary organisations and volunteers;

(c) one (1) member to represent administrators of voluntary organisations; and

(d) one (1) member to represent foreign and international organisations: Provided that where there is more than one nomination representing a particular sector, the Minister shall appoint such members from among the nominations received: Provided further that where no nominations are received, the Minister shall appoint such members at his discretion: Provided further that prior to appointing the members of the Council, the Minister shall consult with the Social Affairs Committee of the House of Representatives or any other committee substituting the same immediately upon receiving the nominations.

(4) (a) The six (6) members of the Council who are elected directly by the voluntary organisations enrolled with the Commissioner for Voluntary Organisations shall be representative of the following sectoral groups:

(i) one (1) member from the Social and Humanitarian Sector;

(ii) one (1) member from the Health and Disability Sector;

(iii) one (1) member from the Education, Youth and Sport Sector;

(iv) one (1) member from the Environmental Sector and the Animal Welfare Sector;

(v) one (1) member from the Arts and Culture Sector; and functions carried out in terms of article 36(2) and (3):

Provided that such remuneration shall be established at eight hundred euro (€800) per annum.

(5) The Chairperson of the Council and the Deputy Chairperson shall be appointed by the Council from among the members of the Council. The Council shall be assisted by a Secretary.

(6) Where the Chairperson is absent from Malta or is otherwise temporarily unable to perform the functions of his office, the Deputy Chairperson shall act as Chairperson and shall exercise all the powers and functions of the Chairperson.

(7) A person shall not be qualified to be appointed or to hold office as a member of the Council if he:

(a) is a Judge, a Magistrate, a Member of the House of Representatives or a Local Council, or a candidate for election to the House of Representatives or a Local Council; or

(b) is legally incapacitated or interdicted; or

(c) has been declared bankrupt or has made a composition or arrangement with his creditors; or

(d) has been convicted of a crime affecting public trust or theft or fraud or of knowingly receiving property obtained by theft or fraud; or

(e) is subject to disqualification under article 320 of the

Companies Act or is involved or has interest in any enterprise or activity which is likely to affect the proper discharge of his function as a member of the Council.

(8) Subject to the provisions of this article, the office of a member of the Council shall become vacant:

(a) at the expiration of his term of office;

(b) if a member of the Council is absent for more than half of the meetings of the same Council in a calendar year or three consecutive meetings without an excuse; or

(c) if any circumstances arise that, if he were not a member of the Council, would cause him to be disqualified for appointment as such.

(9) A member of the Council may be relieved from office by the Minister on the ground of inability to perform the functions of his office, whether due to infirmity of mind or body, or to any other cause, or on the ground of misbehaviour.

(10) A member of the Council may resign from his office by means of a letter to the Minister. If a member resigns or is relieved remaining period of the term of office of the person whom he is substituting and shall be eligible for re-appointment.

(11) The Council shall meet at least once every three (3) months and shall be convened by the Chairperson: Provided that the Chairperson shall convene a meeting of the Council when requested to do so by at least three members thereof.

(12) The Council shall, subject to the provisions of this Act, regulate its own procedures.

(13) The Council shall appoint a sub-committee composed of three

(3) members of the Council. The sub-committee shall have a quorum of two (2) members and the written response of the two (2) members agreeing or disagreeing to a recommended course of action shall suffice as an expression of the views of the committee.

(14) The term of office of the Council shall be of three (3) years and the said Council may be eligible for re-appointment.