Cap. 492 чл. 36Powers of the Council.

(1) The powers of the Council are:

(a) to carry out such functions and have such powers as may be prescribed, from time to time, by the Minister responsible for the voluntary sector by means of regulations made by virtue of this Act;

(b) to provide a consultative forum that can effectively address issues related to the voluntary sector;

(c) to assist the Commissioner for Voluntary Organisations;

(d) to provide a platform from which to develop co-operation between voluntary organisations and the Government;

(e) to stimulate co-operation and networking between voluntary organisations;

(f) to administer the Voluntary Organisations Fund in terms of article 37(3);

(g) to promote and encourage a culture of volunteering and participation in volunteering activities among people, especially children and youths, as an aspect of personal and social development;

(h) to foster co-operation in the voluntary sector with local and international bodies, entities or other persons for the encouragement and promotion of the development of volunteering programmes, initiatives and activities; and

(i) to encourage, in furtherance of the principle of subsidiarity, non-governmental bodies and private entities or persons and local councils to contribute to

(b) to support, develop and promote the interests and work of all voluntary organisations in Malta and Gozo;

(c) to meet the ever-increasing needs of the voluntary sector;

(d) to make recommendations to the Minister on a national volunteering policy, or otherwise, in relation to the development of volunteering;

(e) to develop and implement policies and strategies for the furtherance of its objectives and functions, to initiate, encourage and facilitate research and development in relation to volunteering;

(f) to promote and ensure the education and preparation of volunteer administrators and officials with the required vocational and professional competencies, and to promote, organise or assist by whatsoever means, educational schemes for volunteers;

(g) to promote and ensure the establishment, development and maintenance and proper use of the Voluntary Organisation Centre, to be of service and a resource to voluntary organisations;

(h) when so directed by the Minister, to represent the Government of Malta internationally or regionally in matters related to the voluntary sector as may be designated by the Minister;

(i) to support voluntary organisations in the acquisition of both local and EU funds;

(j) to collect and distribute information, and provide advice, on matters related to the activities of the Council;

(k) to keep a register of bona fide voluntary organisations, entities and other persons who are considered to be voluntary organisations;

(l) to raise money and to administer and expend money appropriated by the House of Representatives or otherwise received from other sources;

(m) to consult and co-operate with local councils and other persons on matters related to the voluntary sector;

(n) to draw up, develop and amend, from time to time, a Code of Ethics to be followed by volunteers and voluntary organisations; and

(o) to carry out such functions and have such powers as may be prescribed, from time to time, by the Minister responsible for Social Policy by means of regulations made by virtue of this Act. contracts, of acquiring, holding and disposing of any kind of property for the purposes of its functions, of suing and being sued, and of doing all such things and entering into all such transactions as are incidental or conducive to the exercise or performance of its functions under this Act, including the lending or borrowing of money.

(4) The legal and judicial representation of the Council shall be vested in the Chairperson and the Deputy Chairperson in the absence of the former, or in any other person under such terms and conditions and with such powers as the Council may from time to time by resolution determine.

(5) Any document purporting to be an instrument made or issued by the Council and signed by the Chairperson shall be received in evidence and shall, until the contrary is proved, be deemed to be an instrument made or issued by the Council.

(6) The Council may engage or employ persons to perform services for the Council and may enter into any agreement to exercise any of its functions through the agency or services of any person.

(7) The Council shall engage a Chief Executive Officer in terms of the Public Administration Act, and:

(a) subject to the other provisions of this Act and to any directions of the Council, the executive conduct of the Council, its administration and organisation and the administrative control of its officers and staff, shall be the responsibility of the Chief Executive Officer, who shall also have such other powers as may from time to time be delegated to him by the Council;

(b) the Chief Executive Officer shall also be responsible for the implementation of the objectives of the Council and the exercise of its functions and without prejudice to the generality of the foregoing he shall develop the necessary strategies, policies and regulations for the implementation of the objectives of the Council, advise the Council on any matter it may refer to him or on any matter which he considers necessary or expedient, and perform such other duties as the Council may assign to him from time to time;

(c) the Chief Executive Officer shall have the right to attend all the meetings of the Council. The Chief Executive Officer shall not, however, have a vote or be counted for the purpose of constituting a quorum; and

(d) the Chief Executive Officer shall perform all his duties only under the direction of the Council.

(8) The Council may:

(a) obtain commercial sponsorship for the Council and for profit or otherwise) of any article or thing bearing a mark, symbol or writing that is associated with the Council; and

(c) provide (whether for profit or otherwise) goods and services to persons using, or otherwise attending at, facilities of the Council.

(9) The Council may charge or impose such reasonable fees in respect of:

(a) access to, or use of, any of its resources or facilities; and

(b) the provision by it of programs, services, information and advice.

(10) The Council shall meet as often as may be necessary or expedient. The meetings of the Council shall be convened by the Chairperson either of his own initiative or at the request of at least four (4) of the other members.

(11) The Council shall not act unless a quorum consisting of not less than fifty percent plus one (50% +1) of the appointed members are present.

(12) The meetings of the Council shall be chaired by the Chairperson or, in his absence, by the Deputy Chairperson.

(13) Decisions of the Council shall be taken by a simple majority of the votes of the members present and voting. In the case of equality of votes, the Chairperson or in his absence the Deputy Chairperson shall have and exercise a second or casting vote.

(14) Without prejudice to the other provisions of this Act, no decision shall be valid which is not supported by at least four (4) members of the Council.

(15) Any vacancy among the members of the Council, and any participation therein by a person not entitled so to do, shall not invalidate the proceedings of the Council.

(16) The Minister may, after consultation with the Council, from time to time give to the Council such directives in writing as he may deem appropriate and not being inconsistent with the provisions of this Act, and the Council shall, as soon as may be, comply with and give effect to all such directives and shall conduct its affairs accordingly.

(17) The Council shall afford to the Minister all necessary facilities for obtaining information with respect to the property and activities of the Council and furnish him with returns, accounts and other information with respect thereto, and afford him the necessary facilities for the verification of information furnished, in such manner and at such times as he may reasonably require.

(18) For the purposes of this Act the Council shall submit to the

(19) The aforementioned strategic plan shall be presented to the Minister for his approval not less than two (2) months before the commencement of the period to which the strategic plan relates, and shall come into force on the day on which it is approved by the Minister or the day of commencement of the period to which it relates, whichever is the later: Provided that the first strategic plan shall be prepared by the Council and submitted to the Minister for approval within six

(6) weeks from the date of appointment of the Council.

(20) The Council shall also from time to time during the period in respect of which a strategic plan is in force, consider and propose to the Minister any necessary variations to the said plan and, following approval by the Minister, vary the said plan.

(21) The Council shall at the beginning of each year in respect of which a strategic plan is in force, prepare an operational plan that articulates the programmes, initiatives and activities that it will undertake in fulfilment of the objectives defined in the said strategic plan for the said year.

(22) (a) Subject to the provisions of the Constitution and of any other enactment applicable thereto, including this Act, the Council, acting with the concurrence of the Minister, may appoint and employ such officials and other employees with such remuneration and upon such terms and conditions as the Council may, from time to time, determine.

(b) The Chief Executive Officer shall be appointed to act as the administrative official of the Council and manage all the related operation.

(c) The officer detailed for such duty with the Council shall at all times be under the administrative authority and control of the Council but he shall for other intents and purposes remain and be considered as a public officer.

(d) Without prejudice to the generality of paragraphs (a) to (c), the officer detailed for duty as aforesaid, shall not, during the time in respect of which he is so detailed:

(i) be precluded from applying for a transfer to a department of the Government in accordance with the terms and conditions of service attached to the appointment under the Government held by him at a date on which he is so detailed for duty; or

(ii) be so employed that his remuneration and conditions of service are less favourable than those which are attached to the appointment under the Government held by him at the date aforesaid or which would have become attached (d), the officer detailed for duty as aforesaid, shall, during the period for which he is so engaged:

(i) be entitled to have his service with the Council considered as service with the Government, for the purposes of any pension, gratuity, or benefit under the Pensions Ordinance and the Widows’ and Orphans’ Pensions Act and to any other right or privilege to which he would be entitled; and, or

(ii) be accountable for any liability: Provided that, for the purpose of such pension, gratuity or benefit, regard shall be had solely to the substantive grade with the Government of the officer so engaged.