Cap. 201 Art. 7Immovable property exempt fromtheprovisions of articles 3 and 5 of theAct.

The provisions of articles 3 and 5 shall not apply -

(a) to any immovable property acquired by any church or other pious or religious institution, while there is in force in relation to such property a declaration made by the President of Malta under article 3 of the Land

Acquisition (Public Purposes) Ordinance:

Provided that, where the Prime Minister notifies in writing the administrator or other lawful representative of the church or other pious or religious institution concerned that the property or any part thereof is no longer required under the said declaration, the provisions of articles 3 and 5 shall apply as if such property or part thereof had been acquired by the church or other pious or religious institution concerned on the date of the receipt by its administrator or other lawful representative of the said written notice;

(b) to any immovable property acquired by any church or other pious or religious institution or part of such property while it is held by the Government by title of possession and use or by title of public tenure under the provisions of the Land Acquisition (Public Purposes) Ordinance: Provided that, where the property or any part thereof ceases to be held by the Government by title of possession and use, the provisions of articles 3 and 5 shall apply as if such property or part thereof had been acquired by the church or other pious or religious institution concerned on the day on which the administrator or other lawful representative of such church or other institution has received from the Prime Minister written notice of that cessation;

(c) to any immovable property acquired by any church or other pious or religious institution by title of exchange against the transfer of other immovable property and -

(i) the immovable property given in exchange by such church or other institution is exempt from the provisions of articles 3 and 5 for any reason other than under article 8;

(ii) the value of the immovable property received in exchange by such church or other institution certifying such fact and signed also by the Director of Public Works accepting such fact;

(d) to any immovable property acquired under any title, other than a title of exchange in which case the provisions of the last preceding paragraph shall apply, by any church or other pious or religious institution from another church or pious or religious institution, if such property was held by the transferor exempt from the provisions of articles 3 and 5 other than under article 8;

(e) to the reversion, for any reason, of the dominium utile of any immovable property and consolidation with the dominium directum in favour of any church or other pious or religious institution which, prior to the granting of such property by title of emphyteusis, held it exempt from the provisions of articles 3 and 5 other than under article 8;

(f) to any immovable property purchased by a church or other pious or religious institution, by the payment, as purchase money, of the amount of compensation which such church or institution shall have received in respect of the transfer to the Government of any immovable property held by it exempt from the provisions of articles 3 and 5 other than under article 8; provided such compensation is not less than two hundred and thirty-two euro and ninety-four cents (232.94), and the following provisions are observed:

(i) the administrator or other lawful representative of the church or institution desiring to invest, in the acquisition of any immovable property, the sum so paid to him by way of compensation shall, by an application to the Civil Court, Second Hall, within the time of six months to be reckoned from the day on which he shall have received payment of the compensation, (which time may, for just cause, be enlarged by the said court), apply for authority to acquire the immovable property proposed to be purchased on behalf of the church or other institution by the payment of the said compensation as purchase money;

(ii) the application shall be accompanied by a copy of the deed of transfer of the immovable property to the Government and by a valuation, made by an architect, of the immovable property proposed to be acquired;

(iii) the court, being satisfied that the value of the immovable property to be acquired does not by five per centum and not more, shall allow the application;

(iv) in order to ascertain the value of the property proposed to be acquired, the Court may appoint one or more architects, of its own choice, requiring from them a declaration on oath that they have faithfully and with exactness performed the duty entrusted to them.