LAWS OF THE STATE OF ISRAEL
VOL. 7
5713—1952/53
FROM 6th KISLEV, 5713 — 24.11.52 TO 16th ELUL, 5713 — 27.8.53
Authorised Translation from the Hebrew
PUBLISHED BY THE GOVERNMENT PRINTER LAWS OF THE STATE OF ISRAEL
VOL. 7
5713—1952/53
FROM 6th KISLEV, 5713 —24.11.52 TO 16th ELUL, 5713 — 27.8.53
Authorised Translation from the Hebrew
PUBLISHED BY THE GOVERNMENT PRINTER, CONTENTS Page
laws 3 Budget Laws ... 145 List of Laws in the Order of Their Dates of Publication 153 Alphabetical Index ef Laws 155
EXPLANATIONS t. R. (Hon Rishmi) The Official Gazette during the tenure of the Provisional Council of State. Reshumot The Official Gazette since the inception of the Knesset.
Yalkut Ha-Phsumim \
8efer Ha-Chukkim The sections of JJe«Jiumot containing, respectively, Chukkei Taktziv Government notices, principal legislation, budgetary legislation, subsidiary legislation, and Bills. Kovetz Ha-Takkanot
Hatza'ot Chok
P. G. (Palestine Gazette) The Official Gazette of the Mandatory Government.
LSI Laws of the State of Israel. LAWS
No. 1 WORLD ZIONIST ORGANISATION — JEWISH AGENCY (STATUS) LAW, 5713—1952* 1. The State of Israel regards itself as the creation of the entire Jewish people, and its gates are open, in accordance with iis laws, to every Jew wishing to immigrate to it. 2. The World Zionist Organisation, from its foundation five decades ago, headed the movement and efforts of the Jewish people to realise the age-old vision of the return to its homeland and, with the assistance of other Jewish circles and bodies, carried the main responsibility for establishing the State of Israel. 3. The World Zionist Organisation, which is also the Jewish Agency, takes care as before of immigration and directs absorption and settlement projects in the State. 4. The State of Israel recognises the World Zionist Organisation as the authorised agency which will continue to operate in the State of Israel for the development and settlement of the' country, the absorption of immigrants from the Diaspora and the coordination of the activities in Israel of Jewish institutions and organisations active in those fields. 5. The mission of gathering in the exiles, which is the central task of the State of Israel and the Zionist Movement in our days, requires constant efforts by the Jewish people in the Diaspora; the State of Israel, therefore, expects the cooperation of all Jews, as individuals and groups, in building up the State and assisting the immigration to it of the masses of the people, and regards the unity of all sections of Jewry as necessary for this purpose.
(j. The State of Israel expectB efforts on the part of the World Zionist Organisation for achieving this unity; if, to this end, the Zionist Organisation, with the consent of the Government and the approval of the Knesset, should decide to broaden its basis, the enlarged body will enjoy the Btatus conferred upon the World Zionist Organisation in the State of Israel.
17, Details of the status of the World Zionist Organisation — whose representation is the Zionist Executive, also known as the Executive of the Jewish Agency — and the form of its cooperation with the Government shall be determined by a Covenant to be made in Israel between the Government and the Zionist Executive. g. The Covenant shall be based on the declaration of tho 23rd Zionist Congress in Jerusalem that the practical work of the World Zionist Organisation and its various bodies for the fulfilment of their historic tasks in Eretz-Israel requires full cooperation and coordination on its part with the State of Israel and its Government, in accordance with the laws of the State.
9. There shall be set up a committee for the coordination of the activities of the Government and Executive in the spheres in which the Executive will operate according to the Covenant; the tasks of the Committee shall be determined by the Covenant.
10. The Covenant and any variation or amendment thereof made with the consent of the two parties shall be published in Reshumot and shall come into force on the day of publication, unless they provide for an earlier or later day for this purpose.
* Passed by tho Knesset on the 6th Kislev, 5713 (24th November, 1952) and published in Safer Ha-Chukkim No. 112 of the 14th Kislev, 5713 (2nd December, 1952) p. 2.
3 The Executive is a juristic body and may enter into contracts, acquire, hold ־U and relinquish property and be a party to any legal or other proceeding.
12. The Executive and its funds and other institutions shall be exempt from taxes and other compulsory Government charges, subject to such restrictions and conditions as may be laid down by the Covenant; the exemption shall come into force on the coming into force of the Covenant.
DAVID BEN-GUEION Prime Minister TOSEP SPEINZAK Chairman of the Knesset Interim President of the State
No. 2
COOPERATIVE HOUSES LAW, 5713 —1952 * PART ONE: GENERAL PBOVISIONS ־־־ lirterpre- 1. (a) In this Law **4•on. "house" means a permanent structure, or permanent structures, on one piece of land and includes the piece of land; "dwelling" means a room or other compartment, or a set of rooms or other compartments, intended to be used as a complete and separate unit for the purpose of habitation or business or for any other purpose; "long-term lessee" means a lessee of immovable property for a period of twenty-five years or over, and. the expression "long-term sublessee" shall be construed accordingly; "transaction", in relation to immovable property, means sale and transfer in any other manner, including partition, lease for a period exceeding three years, encumbrance of any kind, gift, transmission by will, dedication, and any change in the terms of any transaction as aforesaid, and registration in the Eegister of Cooperative Houses under Part Two; "competent officer" means any of the following: (1) the Director of Land Registration (hereinafter: "the Director"); (2) an Inspector of Land Registration; (3) a person inscribed or entitled to be inscribed, in the Roll of Advocates in Israel and appointed by the Minister of Justice to be a competent officer for the purposes of this Law, and notice of whose appointment has been published in Reshumot. • (b) If the construction of a house was completed before the coming into force of the Land Law (Amendment) Ordinance, 19871), and the ownership of the house is registered in the Land Register separately from the ownership of the land on which it stands, then, for the purposes of Part Two! the owner of the land shall be deemed to be the owner of the house,• and the owner of the house Bhall be deemed to be a long-term lessee.
lh December, 1952) and published־(Passed by the Knesset on the 21st Klslev, 57159 • in Sefer Ha-Chukkim No. 113 of the 1st Tevet, 5713 (19th December, 1952), p. 6; the Bill and the Explanatory Note were published in Hatia'at Chok No. 61 of the 26th Tevet, 5711 (4th January, 1951), p. 68. i) P; 0. No. (?40 of the 25th November, 1937; Sup-pl. 1, p. 289 (English Edition).
4 2. In every Land Registration Office, there Bhall be kept, along with the Land Register of Register, a Register of Cooperative Houses (hereinafter: "the Register'.'), which Cooperative shall serve as a subsidiary register to the Land Register. Houses.
3. (a) A house containing two or more dwellings, with partitions separating them House to a degree permitting the identification of each in accordance with a plan approved eligible for by the Local Building and Town !Planning Commission, is eligible for registration registration in the Register. in Register. (b) A house registered in the Register is hereinafter referred to as a "co• operative house" 4. Notwithstanding the Land Law (Amendment) Ordinance, 1937, every dwelling Separate in a cooperative house is a separate registration unit and the subject of separate ownership of ownership. dwellings in cooperative house. PART TWO: REGISTRATION OP HOUSE AS COOPERATIVE HOUSE 5. (a) An application for registration of a house in the Register (in this Part: Application "application") shall be addressed in writing to the Director and filed in the Land for regis• Registration Office in which the house is registered. tration of a house. (b) Every application shall be accompanied — (1) by an extract from the entry of the house in the Land Register; and (2) by a plan of the house approved by the Local Building and Town Planning Commission, or a certified copy of such a plan. (c) The Director shall not entertain an application unless it is signed by the owner of the house or, in the case of joint ownership, by the owners of at least half of the house.
(d) If the whole or more than the half of the houBe is leased to a long-term lessee, or to long-term lessees, the Director shall not entertain the application unless, in addition to the owner or owners as specified in'subsection (c), it is signed also by the lessee or the lessees of at least half of v/hat is leased. (e) If the whole of the house, or a part of it exceeding one half of what is leased on long-term lease, is leased to a long-term sublessee, the Director shall not en• tertain the application unless, in addition to the owner or owners as specified in subsection (c) and the lessee or lessees as specified in subsection (d), it is signed also by the long-term sublessee or the long-term sublessees of at least half of what is subleased. (f) (1) If the dwellings in the house are leased on long-term lease to lessees or sublessees at least three quarters of whom are members of a cooperative society one of the objects of which is the housing of its members in that house or the supply of services to the persons housed therein, and which is affiliated with an approved body, the Director shall not entertain the application uulesB the approved body has consented thereto; (2) in this subsection, "approved body" means a body corporate which the Minister of Justice, by declaration published in Beshvmot, has approved for the purposes of this Law.
(J Upon the filing of an application, the Director shall order that notice thereof Notice of be given to any person who has a right in the house registered in the Land Register application or legally attached for his benefit (hereinafter: "interested person") and who is not an applicant.
7. Any interested person who has not signed the application may join it by written Joining notice to the Director. application.
ß Eight of 8. (a) An interested person who has not signed or joined the application may, opposition. within thirty days from the day on which notice thereof is served on him, file opposition to the registration on the ground that registration of the house in the Register will prejudice the rights which he would have in the house but for the registration. ' (b) The opposition shall be addressed in writing to the Director and filed in the Land Registration Office in which the house is registered.
Registration 9. If all interested persons have signed or joined the application, or if no order. opposition has been filed within the time prescribed, the Director, or another competent officer designated by him, shall issue an order for the registration of the house in the Register (hereinafter: "registration order"), provided he iB satisfied that the house is eligible for registration in the Register under section 3.
Hoaring of 10. W Where opposition has been filed to any application, the Director, or application another competent officer designated by him, shall fix a time for the hearing of the where oppo• case and shall summon the applicants and the opponents in writing. sition has been filed. (b) If an applicant or opponent does not attend after being duly summoned, the competent officer may hear the case in his absence. (c) (l)The competent officer may summon any person to attend before him in order to give evidence or to produce a document in his possession; but no person shall be required to give evidence or. to produce a document which he cannot be required to give or produce at a hearing before a a court of law. (2) If a person summoned as aforesaid does not attend at the time and place fixed in the summons, the competent officer may issue a warrant of arrest to compel his attendance, and may order him to pay any costs resulting from his non-attendance and fine him an amount not exceeding ten pounds. (3) If a person attends at the time and place fixed in the.summons, but refuses to give evidence or produce a document as required, the competent' officer may issue a warrant of arrest against him for a period not exceeding twenty-one days and crder him to pay any costs resulting from his refusal. (d) The competent officer may deviate from the rules of evidence if he is satisfied that it is in the interests of truth and justice so to do; if the competent officer decides to deviate from the rules of evidence as aforesaid, he shall place on record the reasons which prompted his decision. (e) The competent officer may order payment of an attendance fee, at a rate to be prescribed by regulations, to any person attending before him in answer to a summons under subsection (c). (f) The competent officer may, at his discretion, award costs and advocate's fee.
Decision of 11. (*) Upon conclusion of the hearing of the application, the competent officer oompetent may — olfioer. (1) issue a registration order; or (2) reject the application. (b) A reasoned decision of the competent officer shall be drawn up in writing and served on behalf of the competent officer on the applicant and the opponents.
Details of 12. Every registration order shall specify, separately in respect of each dwelling, registration the particulars to be contained in the entry of the house in the register, including order. particulars as to ownership, lease rights, charges and any other rights in respect of the house registered in the Land Register..
6 13. •Any applicant or opponent may, within fifteen Jays from the day on which Appeal to the decision of the competent officer is served on him, appeal to the District Court District in whose area of jurisdiction the house is situated (hereinafter: "the Court"). Court. (b) An appeal under subsection (a) shall be heard by one judge of the Court sitting alone. (c) The Court.-shall not consider any evidence or contention which was not already brought or made before the competent officer, unless it is satisfied that the omission was not due to any fault of the party wishing to rely on such evidence, or contention, or that the admission of such evidence or contention is in the interests of justice. (d) The Court may — (1) dismiss the appeal; or (2) allow the appeal and decide the case; or (3) allow the appeal and remit the case to the competent officer for re• consideration.
14. (a) Where a registration order has been issued in respect of any house, and Registration in Register. such order is final, the competent officer shall forward it to the Registrar of Lands (hereinafter: "the Registrar"), who shall register the house in the Register in accordance with the registration order. (b) For the purpose of subsection (a), a registration order shall be considered as final — (1) where all interested persons have signed or joined in the application or where no opposition thereto has been filed — from the day of issue; (2) where opposition to the application has been filed, but no appeal has been made against the order — upon expiration of the period of appeal; (3) where an appeal.has been made against the registration order and the appeal has been dismissed or the Court has allowed the appeal and issued another order, or where an appeal has been made against a decision of the competent officer rejecting the application and the Court has allowed the appeal and issued a registration order — from the day of the decision of the Court.
15. Where a house has been registered in the Register, and immediately before Saving of moitages the registration the house or any part thereof was mortgaged as security for a and other particular debt, the whole of the mortgage shall be registered in respect of each rights. dwelling in the house or in respect of a part of each dwelling, as the case may be. (b) Where a house has been registered in the Register, and immediately before the registration a lease right in the houBe or in any part thereof was mort• gaged as security for a particular debt, the mortgage shall be registered in respect of. the lease right in each dwelling in the house or in a part of each dwelling, as the case may be. (c) Where a house has been registered in the Register, and immediately before the registration the house or any part thereof was legally attached, the attachment shall be deemed to have been imposed on each dwelling in the house, or on a part of each dwelling, as the case may be. (d) Where a house has been registered in the Register, and immediately before the registration the house or any part thereof was subject to any other charge, such charge shall be registered in respect of each dwelling, including such part of the common property as belongs •to the dwelling, in accordance with the terms of the charge which were in force immediately before registration of the house in the Register.
7 Entry of nots 16. Where a house has been registered in the Register, the Registrar shall enter in Land Register. a note to such effect in the Land Register, against the entry of the house, indicating the place where the house is registered in the Register.
Certificate of 17. (a) Where a house has been registered in the Register, the Registrar shall registration. attest such fact by certificate under hiB hand. (b) A certificate of the registration of a house, as specified in subsection (a), shall serve as evidence that the requirements of this Law as to the registration have been fulfilled and that the house is a cooperative house.
Registration oJ 18. (a) No transaction in respect of a cooperative house or any port thereof shall transactions in Register be registered otherwise than in the Register. in respect of dwellings (b) No transaction shall be registered in the Register except in respect of a onlo. dwelling or an undivided share, in a dwelling; but wheie the transaction is a lease for a period not exceeding twenty-five years, it may be registered in the Register even In respect of a divided share in a dwelling or a share in tba common property belonging to a dwelling.
PART THREE: DWELLINGS Inter• 19. In this Part and in Parts Pour, Five and Six, "owner of dwelling", in relation pretation. to a dwelling which has a long-term lessee, or sublessee, means such lessee or sublessee, as the case may be, unless otherwise provided in the contract of lease.
Laws a• to 20. (*) Any provision •f law applying to immovable property shall apply mutatis immovable property. mutandis to dwellings i« a cooperative house, with the following additional va• riations : (1) any reference in any law to immovable property or to a parcel shall be deemed to be a reference to a dwelling;' (2) any reference in any law to registration in the Land Register shall be deemed to be a reference to registration in the Register.
(b) Notwithstanding anything contained in Biibsection (a), articles 1008— 1044 of the Mejelle and articles 41—44 of the Ottoman Land Law of 1858 shall •ot apply to dwellings in a cooperative house.
Agreement 21. (a) The owners of the dwellings in a cooperative house may register in the between owners of Land Registration Office any agreeement made between them and defining tbeir dwellings. mutual relations and their rights and duties in respect of the cooperative house (hereinafter: "the agreement"). (b) An agreement or any amendment thereto shall not be registered unless signed by the owners of all the dwellings in the cooperative house and, where the dwelling is leased on long-term lease, also by the person registered in the Register as having the ownership thereof and, where it is leased on long-term sublease, also by the person registered as aforesaid as the lessee thereof. (c) Where, immediately before the issue of the registration order, the owners of all the dwellings were members of a cooperative society one of the objects of which is the housing of its members in that cooperative house or the supply of services to the persons housed therein, the rules of the cooperative society shall be deemed to be the agreement made between the owners of the dwellings and duly registered. (d) Where no agreement as specified in subsection (a) has been registered, and no conditions as specified in subsection (c) exist, the provisions of the model agreement set out in the Schedule shall be deemed to be an agreement made between the owners of the dwellings and duly registered; where an agreement has been registered or conditions as specified in subsection (c) exist, the provisions of the
8 model agreement set out in the Schedule shall be deemed to be included in the agreement made between the owners of the dwellings and duly registered or in the rules of the cooperative society, as the case may be, to the extent that the provisions of the registered agreement do not cancel or vary them. (e) The agreement binds every owner !of ' .a dwelling, whether he was the owner of a dwelling at the time of the registration of the agreement in the register or became the owner of a dwelling thereafter.
. PART FOUR: COMMON PROPERTY- 22. In th'8 Law, "common property" means all the parts of the cooperative house Common other than the dwellings, including the land, the roofs, the outer walls, the par- • property. titiohs between dwellings, the foundations, the staircases, the heating, water, electrical, gas and other similar installations, and any part of the cooperative house intended to serve all or most of the inhabitants, even if it is situate within a particular dwelling. « a Shares in 23. ( ) An undivided share in the common property of a cooperative house belongs common to each dwelling therein. property which (b) Any transaction in respect of a dwelling shall extend also to such share belong to in the common property as belongs to that dwelling. dwellings. (c) Notwithstanding anything contained in this Law, the owners of the dwellings may stipulate in the agreement that a divided share in the common property shall belong to a particular dwelling, and upon their doing so, the provisions of this Law relating to the common property shall no longer apply to Buch share.
24. (a) The size of such share in the common property as belongs to any dwelling Size of shall correspond to the ratio between the floor space of that dwelling and the share. aggregate floor space of all the dwellings in the cooperative house, unless — having regard to the special conditions of the cooperative house or of any of •the dwellings therein — a different size has been prescribed in the registration order; in calculating the size of a share as aforesaid, fractions smaller than one hundredth shall be disregarded. (b) In calculating the floor space for the purposes of subsection (a), the area oi a balcony shall not be taken into account. (c) The size of such share in the common property as belongs to any dwelling shall be registered in the Register.
25. Every owner of a dwelling shall take care of the common property and shall Duty to participate share in the expenditure required for its maintenance and for ensuring all the in mainte• nance of services prescribed by law or customary, in proportion to such share in the property. common property as belongs to his dwelling, unless a différent rate of participation is iixed in the agreement.
26. The following shall not apply to the common property: Inapplicability of laws. (1) the Tenth Book of the Mejelle; (2) provisions of law as to the partition of immovable property.
PART FIVE : THE MANAGEMENT OF THE COOPERATIVE HOUSE 2-7. (°) Every cooperative house shall have a representation, which shall be Representatior constituted under the terms of the agreement for the purpose of managing the ratlve house affaiiB of the cooperative house.
9 (b) The modes of operation of the representation shall be laid down in the agreement. (c) Upon registration of a house in the Register, a competent officer shall appoint a person or body of persons to act as representation of that house pending constitution of the first representation under the terms of the agreement. (d) In the absence of a representation ,'constituted under the terms of the agreement, a competent officer may appoint a person or body of persons to act as representation of the cooperative house in question.
The represen• 28. The representation shall act as authorised agent of the owners of all the tation — authorised dwellings in respect of any matter relating to the management of the cooperative agent ol* the house and to the maintenance of the common property, and it is entitled to enter owners of the dwellings. into contracts, and be a party to any legal or other proceeding, on behalf of the owners of all the dwellings in respect of any matter as aforesaid.
Resolutions 29. (a) A resolution of the owners of the dwellings passed in accordance with the of owners of the dwellings. agreement shall, so long as it is in force, be binding on every owner of a dwelling, whether he was the owner of a dwelling at the time the resolution was passed or became the owner of a dwelling thereafter, provided the resolution is registered in a register of resolutions, which shall be open for inspection by any owner of a dwelling at any time. (b) Wherever the agreement permits the owners of the dwellings to participate in the passing of resolutions by proxy, the power of attorney shall be exempt from stamp duty under the Stamp Duty Ordinance 1).
PART SIX: DISPUTES BETWEEN OWNERS OP DWELLINGS Power to 30. (a) Where a dispute arises between owners of dwellings in a cooperative deoide disputes. house as to their rights and duties under the agreement or under section 25, a competent officer-shall decide. (b) No claim in a matter referred by subsection (a) to the decision of a com• petent officer shall be entertained by any court or tribunal.
(c) The provisions of this section Bhall not derogate from the validity of any arrangement referring disputes as aforesaid to arbitration. Submission 31, (a) A person submitting a dispute for decision by a competent officer shall of dispute. file his claim in the Land Registration Office in which the cooperative house is registered. (b) The following are entitled to submit a dispute for decision by a competent officer: (1) the representation of the cooperative house; (2) any owner of a dwelling; (8) where the dwelling is leased on long-term lease, also the person registered in the Register a3 having the ownership thereof; and where it is leased on long-term sublease, also the person registered in the Register as the lessee thereof.
Procedure 32. (a) The competent officer, when hearing a dispute before him, may deviate for dealing with dispute. from the rules of evidence if he is satisfied that it is in the interests of truth and justice so to do; if the competent officer decides to deviate from the rules of evidence as aforesaid, he shall place on record the reasons which prompted his decision.
l) Lauij of Palestine vol. II, cap. 133, p. 1328 (English Edition).
10 (b) (1) The competent officer may summon any person to attend before him in order to give evidence or to produce a document in his possession; but no person shall be required to give evidence or to produce a document which he cannot be required to give or produce at a hearing before a court of law. (2) If a person summoned as aforesaid does not attend at the time and place fixed in the summons, the competent officer may issue a warrant of arrest to compel his attendance, and may order him to pay any costs resulting from his non-attendance and fine him an amount not exceeding ten pounds. (3) If a person attends at the time and place fixed in the summons, but refuses to give evidence or produce a document as required, the competent officer may issue a warrant of arrest against him for a period not exceeding twenty-one days and order him to pay any costs resulting from his refusal. '(c) If one of the parties does not attend notwithstanding that he has been duly summoned, the competent officer may hear the dispute in his absence, and if the claimant does not attend, he may dismiss the claim without entering into a hearing. (d) The competent officer may order payment of an attendance fee, at a rate to be prescribed by regulations, to any person attending before him in answer to a summons under subsection (b). (e) The competent officer may, at his discretion, award costs and advocate's fee. (f) The decision of the competent officer shall be reasoned a<$ shall be drawn up in writing and served on behalf of the competent officer on ea'.l of the parties.
33. A. decision of a competent officer under this part shall, in respect of aoy matter Effect relating to execution, have the effect of a judgment of a magistrate's court. of decision of competent officer. 34. (a) Where a dispute has been brought before a competent officer, and it appears Interim to him that the matter is urgent and that a delay in the decision may cause order. irreparable harm to one of the parties or to the common property, he may make any interim order, including an interim injunction, on such conditions as he may think just. (b) An interim order made by a competent officer under subsection (a) shall, in respect of any matter relating to its enforcement, be deemed such an order made by a competent court. (c) An interim order made by a competent officer as aforesaid shall be in force until the competent officer has decided the dispute, unless it is revoked or varied by the competent officer before then.
35. Where a competent officer has begun to hear a dispute and, for any reason Change of. whatsoever, he is unable to complete the hearing thereof, another competent officer competent officer. may continue the hearing from the stage at which it was interrupted and may use the evidence brought before his predecessor; but any party may, before the new competent officer has begun the hearing, demand that all or any of the evidence be submitted afresh.
36. (a) Any party to a dispute aggrieved by a decision of the competent officer Appeal. may, within fifteen days from the day on which the decision is served on him, appeal against it to the Court. (b) The filing of appeal shall not stay the implementation of the decision unless the competent officer otherwise orders.
11 (c) An appeal under subsection (a) Bhall be heard by one judge of the Court sitting alone.
PART SEVEN: TAXES AND FEES Compulsory 37. Any 'ax, rate, charge or other compulsory payment due to the State, a payments.- local authority or any other authority in respect of a cooperative house shall be imposed, levied and collected in respect of each dwelling separately.
״ Fees in respect of 38. A y provision of law as to fees, taxes or stamp duties payable on a transaction transactions. in respect of immovable property shall apply mutatis mutandis to any transaction in respect of a dwelling.
Special 39. The Minister of Justice may, by regulations, prescribe fees for services or fees. acts of a competent officer, a registrar or the Court, under this Law.
Belief in 40. (a) Where the construction of a house was completed before the coming into tke case of existing force of this Law, and the house is registered in, the Register within one year houses. from the day of Buch coming into force, the following provisions shall apply: (1) The application for registration of the house in the Register, and such registration, shall.be exempt from any fee. (2) Where, immediately before the registration, the owner of the houBe was a body corporate, and all the dwellings in the house were leased on long-term lease, to, or occupied by members of such body corporate, the transfer of a dwelling from the body corporate to a member having the lease or occupancy thereof shall be exempt from any fee. (3) Where, immediately before the registration, the house was leased to a long-term lessee, being a body corporate, and all the dwellings in the house were leased on long-term sublease to, or occupied by members of such body corporate, the transfer of the lease right in a dwelling from the body corporate to a member having the lease or occupancy thereof shall be. exempt from any fee. (4) Where, immediately before the registration, the house was owned jointly by a number of persons (any of them hereafter in this section referred to as "partner"), the transfer of shares in a dwelling from one partner to another shall be exempt from any fee, provided it is effected within three months from the day of registration and the ratio between the floor space of the dwelling and the aggregate floor space of all the dwellings, or between the number of rooms in the dwelling and the aggregate number of roomB in all the dwellings, •is substantially the same as that between the Bhares which the transferee had immediately before the registration and the whole house. (b) (1) Notwithstanding anything contained in subsection (a), the transfer of a dwelling shall be exempt from fee only if the application for re gistration of the transfer is made within three months from the day of registration of the house in .the Register and the applicant has. not been remiss as to completing thej transfer. (2) The exemption provided by subsection (a) shall apply also to the transfer of half .of a dwelling to the spouse of a long-term lessee or sub lessee or of a partner, provided] the transfer iB ffected in connection with a transfer as. specified in subsection (a),
Relief in 41. Where a house the construction of which is completed after the coming into the case of new houses. ' force of this Law is registered in the Register, and' a dwelling in it not previously inhabited is transferred within six months from the day of the registration, the fee in respect of the transfer shall be calculated according to the value of the land only.
12 42• W •kand betterment tax under the Land Betterment Tax Law, 5709-1949!), Land betterment shall not be imposed on such transfers of a dwelling as are exempt from fee under tax. section 40. (b) For the purposes of the Land Betterment T«x Law, 5709—MMfl— (1) a dwelling owned by a person who. immediately before registration of the house in the Register was the owner or one of the owners of the house shall be deemed to have been acquired by its Owner on the day on which he acquired the ownership of the house, or of part thereof, as aforesaid; (2) a dwelling transferred to its owner by way of a transfer exempt from fee under section 40 shall be deemed to have been acquired by him on the day on which he acquired the right which was the ground for the exemption,
PART BIGHT: CANCELLATION OF REGISTRATION IN REGISTER 43 (a) A competent officer may order the cancellation of the registration of a Applleatioa for cancel• house in the Register on application by the owners of all the dwellings in such lation of re• gistration house. in Register. (b) A competent officer may, on application by the Registrar, order the cancellation of the registration of a house in the Register if he is satisfied that the house is no longer eligible for such registration. (c) The provisions as to the right of opposition to an application for registration of a house in the Register, the procedure for dealing with the application and the opposition, the powers of the competent officer and the appeal to the Court shall apply mutatis mutandis to any application for cancellation of the registration.
44. (a) H the competent officer decides to grant the application for cancellation, Order of of. the registration under section 43, he shall issue an order cancelling the cancellation. registration (hereinafter: "cancellation order"). (b) Every cancellation order shall specify the particulars to be contained in the fresh entry of the house in the Land.Register, including particulars as to owner• ship, lease rights, and any other rights which were registered in the Register in ' respect of. dwellings in the cooperative house.
45. (a) Where a cancellation order has been issued, and such order is final, the Canetflatloa competent officer shall forward it to the Registrar, who Bhall cancel the registration of registra• tion. of the house in the Register and shall renew its registration in the! Land Register as a house owned jointly by the persons who immediately before the issue of the cancellation order were registered in the Register as the owners of the dwellings in the cooperative house, in undivided shares proportionate to such shares in the common property as belonged to their respective dwellings. (b) For the purposes of Bubsection (a), a cancellation order shall be considered as final — • (1) where all interested • persons have signed or joined in the application for cancellation or where no opposition thereto has been filed — from the day of issue; (2) where opposition to the application has been filed, but no appeal has been• made against the order — upon expiration of the period of appeal; (3) where an appeal has been made against the cancellation order and the appeal has been dismissed or the Court has allowed the appeal and issued another order, or where an appeal has been made-against a decision of the competent officer rejecting the application and the Court has allowed the
U Sefer Ha-Chukkim No. 21 of the 21st Elul, 5709. (4th September, 1949), p. 124.
13 appeal and issued a cancellation order from the day of the decision of the Court. (c) In the fresh entry, the Registrar shall specify the lease rights, charges and other rights which immediately before the cancellation were registered in the Register in respect of dwellings in the cooperative house.
Saving of 46. (&) Where the registration of a house in the Register has been cancelled, and mortgages and other immediately before the cancellation a dwelling in the cooperative house was mort• rights. gaged as security for a particular debt, the mortgage shall be registered in respect of the undivided share in the ownership of the house of the person who immediately before the cancellation was the owner of the dwelling. (b) Where the registration in the Register has been cancelled, and immediately before the cancellation a dwelling in the cooperative house was legally attached, the attachment shall be deemed to have been imposed on the undivided share in the ownership of the house of the person who immediately before the cancellation was the owner of the dwelling. (c) Where the registration in the Register has been cancelled, and immediately before the cancellation a dwelling in the cooperative house was subject to any other charge, such charge shall be registered in respect of the house in accordance with the terms which were in force immediately before the cancellation.
. PART NINE: MISCELLANEOUS PROVISIONS Entry in Land 47. I" any proceeding under this Law, any entry in the Land Register or the Register or Register — Register shall be evidence of its contents unless a competent court otherwise directs. evidence of its contents. Duty to 48. (a) The owners of the dwellings shall insure the whole of -the cooperative insure. house, as one unit, against fire; they may stipulate in the agreement an obligation to insure it as one unit also in other classes of insurance. (b) Where immediately before its registration in the Register a house was insured, the terms of the insurance shall apply without alteration until the expiration of the period of insurance, as if the house had not been registered in the Register. (c) Where immediately before registration in the Register the house was mortgaged, and the mortgage deed contains a provision requiring insurance of the house, the terms of the insurance, as set out in the mortgage deed, shall apply until the mortgage has been redeemed in full, as if the house had not been registered in the Register.
Service of 49. Wherever this Law requires the service of documents, the provisions of Part documents. Four of the Magistrates' Courts Procedure Rules, 1940!), Bhall, unless otherwise provided in this Law, apply mutatis mutandis and with the following additional variations: (1) the word "Court" shall be deemed to refer to the Director or a competent officer, as the case may be; (2) the word "defendant" shall be deemed to refer to the person for whom the document is intended.
Rights to 50. An7 Person may> against a fee to be prescribed by regulations, inspect the inspect and .to receive Register and receive certified copies of and extracts from any entry in the Register copies and and any document connected therewith. extracts.
l) P. 0. No. 978 of the 15th January, 1940, Suppl. II, p. 35 (English Edition).
14 51. (a' Where a cooperative house has been destroyed from any cause whatsoever, Destruction of cooperative or damaged to the extent of more than three quarters of its value, and owners to house. whose dwellings at least three quarters of the common property belong decide to rebuild or repair it, as the case may be, the owners of all the dwellings Bhall share in the expenditure involved in proportion to the shares in the common property which belong to their respective dwellings. (b) If one of the owners of the dwellings refuses to share in the rebuilding or repair of the house under subsection (a), the representation may set him a time not less than thirty days for the transfer of the dwelling to another person, who shall take his place as to any matter relating to the duty of rebuilding or repair. (c) Where the owner of a dwelling as specified in subsection (b) does not transfer his dwelling to another person within the time Bet by the representation, the representation, with the approval of the competent officer, may transfer the dwelling to a person determined by it, after the price of the dwelling has been paid to the owner thereof or deposited with the competent officer. (d) In the event of disagreement as to the price of the dwelling, such price shall, on application by the representation or by any owner of a dwelling, be determined by the competent officer; an application for determining the price as aforesaid shall be dealt with as if it were a claim bofore a competent officer under Part Six.
52. (a) The provisions of law applying to the procedure in an appeal to a District Appeals. Court shall, unlesB this Law otherwise provides, apply to the procedure in any appeal to the Court under this Law, as if it were an appeal against a judgment of a Magistrate's Court in a civil case. (b) Any judgment of the Court in an appeal under this Law is final and not subject to further appeal.
53. The Minister of Justice is charged with the implementation of this Law and Implemen• tation and may make regulations as to any matter relating to its implementation, including regulations. regulations prescribing the form of the application for the registration of a house in the Register and the procedure before a competent officer for the registration of a house in the Register, the cancellation of such a registration and the determina• tion of disputes.
54. This Law shall come into force at th9 expiration of three months from the day Commence• ment. of its publication in Reshumot.
SCHEDULE (section 21) MODEL AGREEMENT BETWEEN THE OWNERS OP THE DWELLINGS IN A COOPERATIVE HOUSE 1 In this Agreement, "owner of dwelling" has the meaning assigned to this term Inter- in'section 19 of the Law. pretation.
2. (a) Where the owner of a dwelling wishes to make in his dwelling alterations Alterations or repairs affecting the common property, or endangering or likely to endanger the to Vveliin" existence, or altering or likely to alter the value thereof, he may do so only with the prior consent of the general meeting of the owners of the dwellings. (b) Where the owner of a dwelling wishes to make in his dwelling alterations or repairs affecting another dwelling, or endangering or likely to endanger the
15 existence, or altering or likely to alter the value of another dwelling, he may do so only with the prior consent of the owner of the other dwelling. (c) Any other alteration or repair to a dwelling may be made by the owner thereof on'his own authority. Maintenance work on 3. (a) The owner of a dwelling 3hall permit any work necessary to the safe prep erty. guarding or maintenance of. the common property to be carried out in his dwelling, and for this purpose the members of the representation and persons acting on its behalf may enter any dwelling and carry out therein.work OB aforesaid. (b) If the carrying out of the work leads to deterioration of the dwelling or of other dwellings, the owners of all the dwellings shall participate in restoring the former position, at a rate to be determined by the general meeting of the owners of the dwellings. Ordinary meeting. 4, (a) For the purpose of clarifying the mutual relations of the owners of the dwellings, laying down the modes of safeguarding and using the common property, apportioning the expanses and regulating any matters arising from neighbourhood in a cooperative house, t'ne owners of all the dwellings shall hold a general meeting once a year; such a meeting shall be called an "ordinary meeting". (b) The representation shall fix the time of, and convene, the ordinary meeting. The first ordinary meeting shall take place within three months from the day of registration of the house in the Eegister. Thereafter, an ordinary meeting shall take place not later than fifteen months from the day of the previous ordinary meeting.
Extraordinary 5 (a) The representation may convene a general meeting whenever it thinks fit, meeting. and it shall do BO if requested by the owners of at least one third of the dwellings; such a meeting shall be called an "extraordinary meeting". (b) If the representation does not convene an extraordinary meeting within fourteen days from the day of submission of a request under subsection (a), the owners of dwellings who submitted the request may convene the meeting. General 6. (a) Any general meeting is regarded as legal if notice of the time of its njeetjng — iavitation holding was served on the owners of all the dwellings at least ninety-six hours and quorum. before the time fixed for its opening and if it iB attended, personally or by agent, by at least half of the owners of the dwellings. house ־ b) A notice posted in a conspicuous position oh or in the cooperative) is deemed to have been served on every owner of a dwelling twelve hours after its being posted as aforesaid. (c) The notice of the time of the meeting shall specify the agenda thereof. (d) Any owner of a dwelling may add items to the agenda of the meeting, provided that notice thereof is served on every owner of a dwelling, in the manner provided for the service of notice of the time• of the-meeting, within forty-eight hours from the time when notice of the time of the meeting is served on him. Proceedings 7. A general meeting shall not deal with an item not included in its agenda of meeting. unless all the owners of dwellings are present at the meeting and agree that the item shall be dealt with thereat. Chairman and 8_ Every general meeting shall elect a chairman and a secretary of the meeting. secretary of meeting. Adjournment 9. The chairman of the general meeting may, with the consent of the meeting, of meeting. postpone from time 'to time the continuation of the meeting until such date as he may think fit, and he shall»postpone it as aforesaid upon the request of a majority of those present at the meeting.
16 10 _ (a) The decisions of the general meeting are taken by majority vote. Decisions. (b) A •decision which imposes on the owner of a dwelling duties or payments of any kind not specified in the Cooperative Houses Law, 5713—1953, or in this Agreement, or which alters his rights, shall be valid only with his consent.
11. (a) Voting at a general meeting shall be by show of hands, but upon the Voting, request of at least one quarter of the owners of dwellings present it shall be by ballot. (b) At the voting, the owner of each dwelling shall have one vote.
'° ^e event of equality of votes, the chairman of the general meeting votes''4׳" a) In) .12 snail have a casting vote. (b) In the event of equality of votes at the election of the chairman of the general meeting, the decision shall be by lot.
13. (a) Every owner of a dwelling may attend and vote at a general meeting Agents, either personally or by agent. (b) An agent appointed to represent the owner of a dwelling at a general meeting shall produce to the representation, shortly before the time fixed for the opening of the meeting, a letter of appointment signed by the owner of a dwelling who appointed him. (c) Where the owner of a dwelling is a body corporate, such owner shall take part in the meeting and voting by agent appointed in accordance with the rules of the body corporate; a certificate signed by the manager or secretary of the body corporate attesting that its agent has been appointed in accordance with its rules shall be conclusive evidence of such fact. (d) Where a dwelling has more than one owner, the owners shall appoint one of their number, or some other person, to be their agent at the general meeting; an agent appointed as aforesaid shall, shortly before the time fixed for the opening of the meeting, produce to the representation a letter of appointment signed by the owners of the dwelling.
Bpre8en 14. (a) The general meeting shall elect a representation of not less than three tjftion " and not more than five members, one of whom shall be elected treasurer.
(b) The term of office of t the representation shall run until the election of a new representation at the next ordinary meeting. (c) An extraordinary meeting may replace or alter the composition of the representation before expiration of its term of office; any such replacement or alteration is effective until the election of a representation at the next ordinary meeting. (d) (1) Where, from any cause whatsoever, before expiration of the term of office of the representation, the number of its members falls below three, the remaining members shall, within ten days from the day on which the number of members falls as aforesaid, convene an extraordinary meeting for the purposo of restoring the representation to full strength. (2) The term of office of members of a representation who have been elected under paragraph (1) shall run until expiration 6f the term of office of the representation to which they have been elected. (e) (1) The decisions of the• representation are taken by majority vote. (2) In the event of equality of votes in voting on any proposal,, the proposal shall be regarded as rejected.
17 Accounts. jg^ (a) The treasurer shall keep a register of income and expenditure, which he shall submit to the ordinary meeting for approval, together with all the relative receipts and documents. (b) The owner of a dwelling may, at any reasonable time, inspect the register of income and expenditure and any relative receipts or documents. (c) The financial year of the cooperative house shall begin with the first of January and end with the thirty-first of December of any year. The first financial year shall begin with the day of the registration of the house in the register and end with the thirty-first of December of the samo year.
DAVID BEN-GURTON H AIM COHN Prime Minister Minister of Justice
No. 3 EMERGENCY REGULATIONS (HOTEL ACCOMMODATION) (EXTENSION OF VALIDITY) LAW, 5713—1952 * !!tension 1. The validity of the Emergency Regulations (Hotel Accommodation), 6712— of validity. 1952!), is hereby extended until the 17th Tammuz, 5713 (20th June, 1958).
Commence 2. ThiB Law shall come into force on the 13th Tevet, 5713 (31st December, 1952). ment. DAVID BEN-GURION PERETZ BERNSTEIN Prime Minister Minister of Trade and Industry YITZCHAK BEN-ZVI President of the State
No. 4 EMERGENCY REGULATIONS (WORKING HOURS IN UNDER TAKINGS RESTRICTED IN THE USE OF ELECTRIC ״* CURRENT) (EXTENSION OF VALIDITY) LAW, 5713-1952 Intension 1, The validity of the Emergency Regulations (Working Hours in Undertakings of validity. Restricted in the Use of Electric Current), 5712—1952 2), is hereby extended until the 17th Tammuz, 5713 (30th June, 1953).
Commence• 2, . This Law shall come into force on the 13th Tevet, 5713 (31st December, 1952). ment. DAVID BEN-GURION GOLDA MYERSON Prime Minister Minister of Labour YITZCHAK BEN-ZVI President of the State
* Passed by the Knesset on the 11th Tevet, 5713 (29th December, 1952) and published in Sefer Ha-Chukkim No. 114 of the 20th Tevet, 5713 (7th January. 1953), p. 20; the Bill and Explanatory Note were published in Hatza'ot Chok No. 141 of the 6th Kislev, 5713 (24th November, 1952), p. 31. 1) Koveti Ha-Takkanot No. 262 of the 25th Nisan, 5712 (20th April, 1952), p. 764; Sefer Ha-Chukkim No. 100 of the' 2nd Tammuz, 5712 (25th June, 1952) p. 253 — LSI vol. VI, p. 72. ** Passed by the Knesset on the 12th Tevet, 5713 (30th December. 1952) and rnb- lished in Sefer Ha-Chukkim No. 114 of the 20th Tevet, 5713 (7th January, 1953), p. 20; the Bill and an Explanatory Note were published in Hatza'ot Chok No. 143 . of the 15th Kislev, 5713 (31st December, 1952), p. 49. 2) Koveti Ha-Takkanot No. 272 of the 27th Iyar, 5712 (22nd May, 1952), p. 954; Sefer Ha-Chukkim No. 106 of the 1st Elul, 5712 (22nd August, 1952), p. 294 — LSI vol. VI, p. 105.
18 No. 5 EMERGENCY REGULATIONS (TRAFFIC OFFENCES — MILITARY PERSONNEL) (EXTENSION OF VALIDITY) LAW, 5713—1952 * I The validity of the Emergency Regulations (Traffic Offences — Military Extension Personnel), 5709—1949 i), is hereby extended until the 25th Tevet, 5714 (31st De- of validity, cember, 1953). . 2. This Law shall come into force on the 13th Tevet, 5713 (31st December, 1952). Commence• ment. DAVID BEN-GURlON DAVID BEN-GURION Prime Minister Minister of Defence YITZCHAK BEN-ZVI President of the State
No. 6 DEFENCE REGULATIONS (CONTINUANCE IN FORCE) (TEMPORARY PROVISION) (NO. 3) LAW, 5713—1952 »*
1 , The Defence Regulations specified in the Schedule shall continue in force until Continuance the 15th lyar, 5713 (30th April, 1953). in force of Defence Regulations. 2. This Law Bhall come into force on the 13th Tevst, 5713 (31st December, 1952). Commence• ment.
SCHEDULE (section 1) 1. Defence Regulations', 1939 2), except regulations 15A, SB, 43, 49 and 72; 2. Defence (Amendment of Food Control Ordinance, 1942) Regulations 19423); 8. Defence (Amendment of Food Control Ordinance, 1942) Regulations, 1943*); 4. Defence (Amendment of Food Control Ordinance, 1942) Regulations, 1944»); 5. Defence (Application of Food Control Ordinance; 1942) Regulations, 1942»); 6. Defence (Food Control) Regulations, 1942»); 7. Defence (Prevention of Profiteering) Regulations, 1944»); 8. Defence (Finance) Regulations, 19419). DAVID BEN-GURION Prime Minister YITZCHAK BEN-ZVI President of the State
* Passed by the Knesset on the 12th Tevet, 5713 (30th Deoember. 1952) and pub• lished in Sefer Ha-Chukkim No. 114 of the 20th Tevet, 5713 (7th January, 1953) p. 21; the Hill and •an Explanatory Note were published in HaUa'ot Chok No. 141 of the 6th Klslev, 5713 (24th November, 1952), p. 33. 1) Sefer Ha-Chukkim No. 30 of the 10th Tevet, 5710 (30th December, 1949), p. 56. »* Passed by the Knesset on the 12th Tevet, 5713 (30t,h December, 1952) and pub• lished in Sefer Ha-Chukkim No. 114 of the 20th Tevet, 5713 (7th January, 1953). p. 21; the Bill and an Explanatory Note were published in HaUa'ot Chok No. 141 of the 6th Kislev, 5713 (24th November, 1952), p. 34. 2) P.G. No. 914 of the 28th August, 1939, Suppl. II, p. 659 (English Edition). 3) P.G. No. 1200 of the 11th June, 1942, Suppl. II, p. 939 (English Edition). •») P. G. No. 1260 of the 8th April, 1913, buppl. II, p. 333 (EndUA Edition). 5) P. G. No. 1312 of the 13th January, 1944, Suppl. II, p. 17 (English Kdition). 6) P. G. No. 1227 of the 8th October, 1942. Suppl. II, p. 1535 (English Edition). 7) P. G. No. 1181 of the 29th March, 1942, •Suppl. II, p. 576 (English Edition). 8) P. G. No. 1359 of the 14th September, 1944, Suppl. II, p. 939 (English Edition), e) P. G. No. 1215 of the 6th November, 1941, Suppl. II, p. 674 (English Edition).
19 No. EMERGENCY REGULATIONS (ARMY CODE, 5708) (EXTENSION OF VALIDITY) LAW, 5713—1952 * Extension 1. The validity of the Emergency Regulations (Army Code, 5708), 5708—1948!), of validity. is hereby extended until the 15th lyar, 5713 (30th April, 1903).
Commence• 2. This Law shall come into force on the 13th Tevet, 5713 (31st December, 1952). ment.
DAVID BEN-GURION DAVID BEN-GURION Prime Minister Minister of Defence TITZCHAK BEN ZVI President of the State
No. 8 EMERGENCY REGULATIONS (PROVISIONS AS TO THE REGISTRATION AND MOBILISATION OF EQUIPMENT) (EXTENSION OF VALIDITY) LAW, 5713—1952 ** Extension 1, The validity of the Emergency Regulations (Provisions as to the Registration of validity. and Mobilisation of Equipment), 5711—19512), is hereby extended until the 25th Tevet, 5714 (31st December, 1953).
Commence• 2, This Law shall come into force on the 13th Tevet, 5713 (31st December, 1952). ment.
DAVID BEN-GURION DAVID BEN-GURION Prime Minister Minister of Defence YITZCHAK BEN-ZVE President of the State
* Passed by the Knesset on the 12th Tevet, 5713 (30th December, 1952) and puh- blished in Sefer Ba-Chukkim No. 114 of the 20th Tevet, 5713 (7th January, 1953), p. 22; the Bill and an Explanatory Note were published in Batea'ot Chok No. 141 of the 6th Kislev, 5713 (24th November, 1952), p. 31. 1) I. It. No. 20 of the 4th Elul, 5708 (8th September, 1948), Suppl. II, p. 105; Sefer Ba-Chukkim No. 58 of the 5th Elul, 5710 (18th August, 1950), p; 290. ** Passed by the Knesset on the 12th Tevet, 5713 (30th December, 1952) and pub• lished in Sefer Ba-Chukkim No. 114 of the 20th Tevet, 5713 (7th January, 1953), p. 22; the Bill and an Explanatory Note were published in Hatea'ot Chok No. 141 of the 6th Kislev, 5713 (24th November 1952), p. 33. 2) KoveU Ba-Takkanot No. 184 of the 20th Sivan, 5711 (24th June, 1951), p. 1200: Sefer Ba-Chukkim No. 85 of the 23rd Cheshvan, 5712 (22nd November. 1951), p. 4 — LSI vol. VI, p. 3.
20 No. 9 EMERGENCY REGULATIONS (SECURITY ZONES) (EXTENSION OF VALIDITY) LAW, 5713—1952 *
The validity of the Emergency Regulations (Security Zones), 5709—1949!), is Extension 1־ .25th Tevet, 5714 (31st December, 1953). of validity־hereby extended until the
2. The Minister of Defence may at any time repeal the said Regulations by order Eight . published in RcshumoL to repeal.
3 This Law shall come into force on the 13th Tevet, 5713 (31st December, 1952). Commence .ment ־
DAVID BEN-GURION •DAVID BEN-GURION Prime Minister Minister of Defence YITZCHAK BEN-ZVI President of the State
No. 10 BANK NOTES LAW, 5713—1952 »* 1 The Government of Israel and the Bank Leumi Le-Israel Be-Eravon Mugbal Authority to execute shall be authorised to execute the Supplementary Agreement in accordance with the Supple text set out in the Schedule to this Law. (The signed text is hereinafter referred mentary to as "the Supplementary Agreement".). Agreement.
2. All the provisions of the Bank Notes Ordinance, 5708—19482), except those Application of provisions of sections 13 and 14, applying to the said Ordinance, the Agreement mentioned of Sank Notes therein and the parties thereto Bhall also apply, mutatis mutandis, to this Law, Ordinance. 5708—1948. the Supplementary Agreement and the parties thereto.
3 This Law shall come into force on the 13th Tevet, 5713 (31st December, 1952). Commence ment.
SCHEDULE (section 1) SUPPLEMENTARY AGREEMENT
made between the Government of Israel of tho one part and the Bank Leumi Le-Israel Be-Eravon Mugbal of the other part. Whereas on the 12th Av, 5708 (17th August, 1948) an Agreement was made and signed between the Provisional Government and the Anglo-Palestine Bank Limited in accordance with the text set out in the Schedule to the Bank Notes Ordinance, 5708—1948, and such Agreement has been amended by Supplementary
* Passed by the Knesset on the 12th Tevet, 5713 (30th December, 1952) and pub lished in Sefer Ha-Chukkim No. 114 of the 20th Tevet. 5713 (7th January, 1953), p. 23; the Bill and an Explanatory Note were published in Hatia'ot Chok No. 141 of the 6th Kislev, 5713 (24th November, 1952), p. 33. 1) Sefer Ha-Chukkim No. 17 of the 8th Av, 5709 (3rd August, 1949), p. 136; Sefer Ha-Chukkim No. 57 of the 26th Av, 5710 (9th August, 1950), p. 280. ** Passed by the Knesset on the 12th Tevet, 5713 (30th December, 1952) and published in Sefer Ha-Chukkim No. 114 of the 20th Tevet, 5713 (7th January, 1953), p. 23; the Bill and an Explanatory Note were published in Hatia'ot Chok No. 147 of the 4th Tevet, 5713 (22nd December, 1952), p. 86. 2) I.B. No. 15 of the 12th Av, 5708 (17th August, 1948) Suppl. I, p. 32 — LSI vol. I, P. 35.
21 Agreements in accordance with the text set out in the Schedule to the Bank Notes Law, 570D—104'Ji), and in the Schedule to the Bank Notes Law, 5711—19512) (the amended Agreement being hereinafter referred to as "the principal Agreement"); and whereas on the 26th Adar Bet, 5711 (3rd April, 1951) the District Court of Tel-Aviv—Jaffa made an order under section 1I9A of the Companies Ordinance3), substituting the Bank Leumi Le-Isracl Be-Eravon Mugbal for the Anglo-Palestine Bank Be-Eravon Mughal for all intents and purposes, aud inter alia for the pur• poses of the said Agreement, as if the said two banks were identical; and whereas the Government of Israel and the Bank Leumi Le-Israel Be- Eravon Mugbal are desirous of making an amendment in the principal Agreement, now, therefore, it is hereby agreed as follows: 1. In this Supplementary Agreement, every term has the same meaning as in the principal Agreement. 2. Clause 16 of the principal Agreement shall be replaced by the following clause: "16. This Agreement shall remain in force until the 25th Tevet, 5714 (31st December, 1953) inclusive, provided that the Government may terminate it before then at the end of any quarter by giving the Bank prior written notice of not less than half a year.". In witness whereof the parties have hereto Bet their hands in Jerusalem this (date of signature).
Bank Leumi Le-Isracl Be-Eravon Mughal Government oj Israel
DAVID BEN-GURION LEVI ESHKOL Prime Minister Minister of Finance YITZCHAK BEN-ZVI President of the Stale
No. 11 EMERGENCY REGULATIONS1 (DEFENCE (FINANCE) REGULATIONS (AMENDMENT)) (EXTENSION OF VALIDITY) LAW, 5713—1952*
Extension 1_ The validity of the Emergency Regulations (Defence (Finance) Regulations of validity. (Amendment), 5711—19514), is hereby extended until.the 15th Iyar, 5713 (30th April, 1953).
Commence• 2. This Law shall come into force on the 13th Tevet, 5713 (3lBt December, 1952). ment. DAVID BEN-GURION LEVI ESHKOL Prime Minister Minister of Finance YITZCHAK BEN-ZVI President of the State
1) Sefer Ha-Chukkim No. 12 of the 22nd Sivan, 5709 (19th June, 1948), p. 53. 2) Sefer Ha-Chukkim No. 80 of the 29th Bivan, 5711 (3rd July, 1951), p. 230 — LSI vol. V, p. 153. 3) Laws of Palestine vol. .1, cap. 22, p.v 161 (English Edition); Sefer Ha-Chukkim No. 58 of'the 5th Elul, 5710 (8th August, 1950), p. 316. * Passed by the 'Knesset on the 13th Tevet, 5713 (31st December. 1952) and pub- blished in Sefer Ha-Chukkim No. 114 of the 20th Tevet, 5713 (7th January, 1955), p. 24; the Bill and an Explanatory Note were published in HaUa'ot Chok No.
141 of the 6th Kislev, 5713 (24th November, 1952), p. 32. # 4) Sefor Ha-Chukkim No. 101 of the 14th Tammuz, 5712 (7th July, 1952), p. 256 — LSI vol. VI, p. 74.
22 No. 12 EMERGENCY REGULATIONS (COMPULSORY PAYMENTS) (EXTENSION OF VALIDITY) LAW, 5713—1952 * 1. The validity of the Emergency Begulationa (Compulsory Payments), 5712— Extension 1 of validity. 1952 ), as amended by the Schedule to this Law, is hereby extended until the 17th Tammuz, 5713 (30th June, 1953).
2. An act done before the 13th Tevet, 5713 (31st December, 1952) which would Validation have been validly done had the amendment set out in the Schedule to this Law been of acts. in force at the time shall be deemed to have been validly done.
3_ This Law shall come into force on the 13th Tevet, 5713 (31st December, 1952). Commence ment.
SCHEDULE (sections 1 and 2) The Emergency Eegulations (Compulsory Payments), 6712—1952, shall be amended a3 follows: Regulation 3 shall be replaced by the following regulation:
,,Exercise 3. A competent authority shall not exercise its powers under of powers. these Regulations uniess it is satisfied that such is necessary for the purpose of collecting the differences between the prices of any materials according to the rate of exchange of a foreign currency as before the 17th Shevat, 5712 (18th February, 1952) and the prices thereof according to the rate of exchange fixed by the Minister of Finance for such currency, in respect of such materials, after that date.".
DAVID BEN-GURION LEVIESHKOL Prime Minister Minister of Finance YITZCHAK BEN-ZVI President, of the State
No. 13 RESERVE SERVICE (COMPENSATION) (AMENDMENT) LAW, 5713—1953** The Reserve Service (Compensation) Law, 5712—19522), shall be amended as Amendment follows : of Law. in Bection 5, the following subsection shall be added after subsection (c). "(d) The Minister of Labour may at fixed times, with the approval of the
* Passed by the Knesset on the 13th Tevet, 5713 (31st December, 1952) and published in Seter Ha-Chukkim No. 114 of the 20th Tevet, 5713, p. 25; the Bill and an Explanatory Note were published in Hatsa'ot Chok No. 143 of the 16th Kislev, 5713 (3rd Deoember, 1952), p. 48. 1) Koveti Ra-Takkanot No. 260 of the 19th Nisan, 5712 (14th April, 1952), p.754. Passed by' the Knesset on the 19th Tevet, 5713 (6th January 1953) and published ״• in Sefcr Ha-Chukkim No. 115 of the 28th Tevet, 5713 (15th January, 1953) p. 28; the Bill and an Explanatory Note were published in HaUa'ot Chok No. 136 of the 10th Elul, 5712 (31st August, 1952) e'. 346. 2) . Safer Ha-Chukkim No. 91 of the 18th Shevat, 5712 (14th February, 1952), p. 119 — LSI vol. VI, p. 27.
23 Labour Affairs Committee of the Knesset, vary by regulations the amounts Btated in.subsection (b), having regard to fluctuations in wages.".
LEVI ESHKOL GOLDA MYERSON Acting Prime Minister Minister of Labour YITZCHAK BEN-ZVI President of the State
No. 14 STANDARDS LAW, 5713—1953* Inter• 1 _ In this Law — pretation. "commodity" means movables and any structure or installation, even if fixed to land, but does not include medicaments; "specification" means a description of the properties of a commodity, including all or any of the following particulars: nature, process of production, purpose of use, modes of marking, operation, modes of testing, quality,- composition, weight, quantity, dimen• sions, origin, mode of measurement, type, modes of installation, and the properties of the parts or materials of which the commodity consists; "sale'1' includes causing a sale, keeping for sale, exchange and leasing-out; "this Law" includes the regulations, orders and declarations made thereunder.
The Israel 2. (a) There is hereby established a body corporate to be known as the "Israel Standards Standards Institute" (hereinafter: "the Institute"). Institute. (b) The Institute is competent to enter into contracts, acquire, hold and re• linquish property and be a party to any legal or other proceeding. (c) The Institute in subject to supervision by the State Comptroller under section 7(e) of the State Comptroller Law, 5709—1949').
Organs of the 3. The organs of the Institute are: Institute. (1) the Head of the Institute and his two deputies; (2) the Executive Board; (3) the General Council.
Bules of the 4. (a) The Executive Board, of the Institute, with the approval of the General Institute. Council, shall, within one year from the day of the coming into force of this Law, make rules for the operation of the Institute (hereinafter: "the Bules"), which shall be the sole basis for the exercise of the Institute's powers under this Law, and it may, with approval as aforesaid, vary and amend the Rules. (b) The Rules Bhail determine — (1) the powers of the organs of the Institute; (2) the composition of the General Council and the procedure for con vening it;
• Passed by the Knesset on the 4th Shevat, 5713 (20th January, 1953) and published in Sefer Ha-Chukkim No. 116 of the 13th Shevat. 5713 (29th January, 1953), p. 30; the Bill and Explanatory Note were published in UaUa'ot Chok No. 103 of the 22nd Shevat, 5712 (18th February, 1952), p. 110. i) Safer Ha-Chukkim No. 8 of the 25th Iyar, 5709 (24th May, 1949), p. 33. .
24 (8) the composition, mode of election and term of office of the Executive Board, provided that it Bhall include three members appointed by the Government and notice of whose appointment has been published in Reshumot; (4) the conditions of membership of the Institute, the rights and duties of the various categories of members, the procedure for the admission of members and the modes of terminating membership; (5) the powerB of the Director of Standardisation at the Institute; (6) the modes of exercising the Institute's powers; (7) any such other matter regulating the activities of the Institute as the Minister of Trade and Industry has directed to be determined by the Bules. (c) The Bules and any variation or amendment thereof are subject to the approval of the Minister of Trade and Industry and require publication in Reshumot. (d) If the Executive-Board does not make the Bules within the period specified in subsection (a), the Minister of Trade and Industry Bhall make them, and they shall then for all intents and purposes be deemed to have been made in accordance with subsection (a).
5. The Minister of Trade and Industry shall appoint the Director of Standard- The Director isation (hereinafter: "the Director"); notice of the appointment shall be published ?/ation!''"'1" in Reshumot.
g The Institute, and only the Institute,, may define a specification, or technical Standard, rules of a work process, as an Israel standard (hereinafter: "standard"); the Institute shall publish every standard in such manner as it may think fit.
7. The Institute shall not publish a standard unless it has been drawn up in Rules for the accordance with rules laid down by the Institute with the approval of the Minister of^tandards of Trade and Industry and published in Reshumot; such rules shall contain provisions as to the participation in the drawing up of a particular standard of State authorities and representatives of producers and consumers interested in such standard.
8. (a) The Minister of Trade and Industry, softer consultation with representatives Official of producers and consumers, and if satisfied that such is necessary for protecting standa: the health or safety of the public, or for ensuring an adequate quality of, or for improving, local production, may, by declaration published in Reshumot, declare a particular standard to be an official Israel standard (hereinafter: "official standard"). (b) Every declaration under subsection (a) shall indicate a place or places for the deposit of the standard concerned, where any person may inspect it free of charge. (c) A declaration under subsection (a) shall come into force at the expiration of sixty days from the day of its publication in Reshumot or at such later date as the Minister of Trade and Industry may prescribe by declaration either generally or solely in reBpect of the production of. the commodity concerned. (d) Where a particular commodity is of a category the properties or process of production of which are or is placed by a law under the control of a particular authority, the'Minister of Trade and Industry shall not issue a declaration under subsection (a) in respect of such commodity without the consent of the Minister charged with the implementation of that law; but upon such consent being given, th<3 provisions of the declaration shall apply notwithstanding any direction issued by that authority.
25 Duty 9. No person shall produce, sell, import, export or use in any work whatsoever to adhere to official a commodity a specification of which has been denned as an official standard, or standard. carry out work the technical rules of the process of which have been so defined, unless such commodity or the process of such work conforms to the requirements of the official standard or to such other direction as may have been laid down in the declaration defining that standard as an official standard.
Ensuring 10. (a) The Director may, at any time, carry out an. inspection in order to adherence to official ascertain whether the provisions of section 9 are complied with. standard. (b) In carrying out an inspection under subsection (a), the Director or any person authorised by him in that.behalf may — (1) enter, at any reasonable time, any place where he has reason to i . believe that a commodity the specification of which has been defined as an official standard is produced or kept, or that work the technical rules of the process of which have been defined as an official standard is or has been carried out, and check any commodity or work process and any thing situated in that place, and take a sample of any commodity for the purpose of checking; (2) exercise all the powers conferred by section 2 of the Criminal Procedure (Evidence) Ordinance1) upon an officer of police of the rank of inspector, and sections ^ and i of the said Ordinance shall apply to any statement recorded by him in the exercise of those powers. (c) Every responsible person concerned shall, whenever so required by the Director, furnish the Director or a person authorised by him with any information and documents which in the opinion of the Director may facilitate the implementa• tion of this Law, including a test certificate under section 12, but no person shall be required to supply information or documents likely to incriminate him. (d) Every person carrying out work of construction or installation which, by virtue of law or otherwise, is subject to the permission or approval of a Govern• ment agency or an agency of a local authority, or of the holder of a State concession approved for the purpose of this section by the Director, shall, whenever such agency or holder may so require of him, obtain and produce to it or him a tes; certificate as described in Eection 12 attesting the conformity of the commodities currently or previously .used by bim in carrying out the work to the requirements of an official standard; but no person shall be required to produce a test certificate in respect of a commodity bearing a standard-mark in accordance with section 11,
Standard- H_ (a) The Minister of Trade and Industry shall, by order published in mark. Reshumot, determine marks for attesting the conformity of a commodity to a stan• dard or official standard; any such mark shall be called a "standard-mark". ' (b) Any producer of a commodity conforming to the requirements of a standard or official standard, as the case may be, may, with the permission of the Institute, mark such commodity with a standard-mark; the Institute may withdraw its per• mission at any time. (c) No person shall mark any material or product with a standard-mark except by permission under subsection (a). (d) The procedure for determining a Btandard-mark, and the use thereof, shall be regulated by regulations.
Test 12. (a) The Institute, and anyone approved in that behalf in writing by the certificate in Director, may test the degree of conformity of a commodity to a standard or official respect of conformity standard• and issue a test certificate in respect thereof. to standard. 1) Louis of Palestine vol. I, cap. 34, p. 467 (English Édition). (b) The amount of the remuneration for a test shall be prescribed by regula• tions. (c) A test certificate under subsection (a) shall, in the absence of proof to the contrary, be evidence of its contents.
13. (•) ^° I«r*°n shall — Prohibi• tions. (1) use the word "standard" or "norm" or a related word, or any of its inflexions (hereinafter: "protected word") to describe a specification, or technical rules, not having been defined as a standard or official standard; (2) use a protected word as a name for his business or for operations of his business without the permission of the Minister of Trade and Industry; this provision Bhall not apply to a person who has done as aforesaid before the coming into force of this Law ; (3) describe a commodity, in writing, orally or otherwise, in a way likely to convey the impression that permission to mark it with a standard-mark has been granted, unless he is satisfied that such permission has in fact been granted ; (4) mark a commodity in a way likely to convey the impression that it conforms to a standard or official standard, except by the lawful application of a standard-mark. (b) In this section, "commodity" includes the packing, wrapping, tube or other thing in which the commodity is sold, and any label attached thereto or to the commodity.
14. Notwithstanding anything contained in the Trade Marks Ordinance, 1938!), Restriction on regis• after a standard-mark has been determined, no trade-mark shall be registered which tration of is similar to that standard-mark or is likely to convey the impression that its pro• trade-mark. prietor has been granted permission to use that standard-mark ; and after the coming into force of this Law,, no trade-mark shall be registered which includes a protected word.
15. Where commodities produced abroad conform to the standards of their Commodity produced countries of origin, or where commodities produced in Israel and intended for export abroad or conform to the standards of the countries. for which they are intended, such con• . intended formity may be indicated by a special mark on the commodity, provided thai; the for export. name or registered trade-mark of the producer is also indicated thereon.
16, (a) The Minister of Trade and Industry may, by order published in Reshumot, Exemption. grant exemption from compliance with the requirements of an official standard — (1) generally and for a limited period; or (2) for the purposes of the carrying out of some particular work by or for a public institution, upon the application thereof. (b) The Minister of Trade and Industry may, by order published in Rethumot, permit the production for export, and the export, of a commodity not conforming to the requirements of an official standard.
17. (a) Any person who — Penalties. (1) fails to comply with the requirements of an official standard; or (2) prevents or hinders the Director from exercising his powers under this Law, or
i) P.O. No. 843 of the 24th November, 1938, Suppl. I, p. 126 (English Edition).
27 (3) sells a commodity marked with• a standard-mark knowing that the marking was done without the permission of the Institute, or that there is reason to believe that it was so done ; or (4) otherwise contravenes any of the provisions of this Law, is liable to imprisonment for a term not exceeding one year or to a fine not exceed• ing two thousand pounds or to both such penalties. (b) Where an offence under subsection (a) is committed by a body of persons, •every person who at the time of the commission of the offence is a director, manager, partner or responsible official of that body shall likewise be guilty thereof unless he proves that he took all reasonable steps to ensure compliance with this Law. (c) Where a person is convicted of an offence under subsection (a), the Court may, in addition to any other penalty, order the destruction or confiscation of any commodity in respect of which the offence was committed; where the Court orders confiscation, the commodity shall be dealt with as the Minister of Trade and In• dustry may direct.
Provisions '18. The provisions of this Law shall not derogate from the provisions of any other of another law. law.
Position of 19. In respect of the provisions of this Law, the State and its institutions shall be the State in respect of treated like any other person. this Law. Commodities 20. The provisions of section 9 shall not apply to any military equipment intended for the Army. intended for the Defence Army of Israel if the Minister of Defence, by certificate under his hand, exempts it from such provisions and notifies the Minister of Trade and Industry in writing to such effect.
Delegation 21. The Minister of Trade and Industry may, by letter of delegation notice of powers. of which has been published in Reshumot, delegate to the Director all or any of his powers under this Law, except the power to make regulations, the power to approve the Rules of the Institute and the power to appoint the Director.
Transitional 22. (a) In ti"a section — provisions. "the existing company" means the company limited by guarantee registered under the name of "the Israel Standards Institute"; "assets of company" means all immovable and movable property owned or possessed by it, every contingent or vested right, and every interest it has in any property, and all debts due to and obligations existing towards it; "liabilities of company" means the debts legally due from it and the obligations legally incurred by it; "articles of association" includes the memorandum of association. (b) •On the day of the coming. into force of his Law, all the assets and liabilities of the existing company shall pass to the Institute. (c) Pending enactment of the Rules — (1) the articles of association of the existing company, mutatis mutandis and with the changes arising from the provisions of this Law, shall serve as the Rules within the meaning of thiB Law; (2) the general council and executive board of the existing company shall serve as the General Council and Executive Board of the Institute, provid• ed that, from the day of the cqming into force of this Law, three members appointed by. the Government shall be added to the Executive Board.
23 .(d) Whosoever was a member of the existing company immediately before the coming into force of this Law shall become a member of the Institute and shall for all intents and purposes be deemed to have become a member of the Institute in accordance with the Bules. (e) Specifications and technical rules of work processes which were published by the existing company under the name of Israel standards before, and which existed as Israel standards immediately before, the coming into force of thiB Law shall be deemed to have been defined as standards under sections 6 and 7.
23. The Minister of Trade and Industry is charged with the.implementation of this Implementa- Law and may make regulations as to any matter relating to such implementation, unions1 Ke' including regulations prescribing fees for the purpose of this Law.
LEVI ESHKOL PEBETZ BERNSTEIN Minister of Finance Minister of Trade and Industry Acting Prime Minister YITZCHAK BEN-ZVI President of the State
No. 15 CULTIVATORS (PROTECTION) ORDINANCE (AMENDMENT) LAW, 5713—1953* The Cultivators (Protection) Ordinance1) Bhall be amended as follows: Amendment The following section shall be added after section 22: of Ordinance.
"Bestriotions 23. Notwithstanding anything contained, in this Ordinance, no on application of Ordinance. person shall acquire any right, or be entitled to any protection, thereunder — (1) in respect of a holding first occupied and cultivated by him . on or after the 9th Tevet, 5703 (17th December, 1942); (2) in respect, of any holding occupied or cultivated by him, or any land on which he performs any of the operations specified in section 18, if the State is, in respect of such holding or land, the land lord within the meaning of this Ordinance, or if he firBt received such holding, or the right to perform such operation on the land, from the Keren Kayemet Le-Israel, whether by express contract or otherwise.".
.is hereby repealed. Bopeal ,(1939־ ,Regulation 48A of the Defence Regulations .2
LEVIESHKOL PINCHAS ROSEN Minister of Finance Minister of Justice Acting Prime Minister YITZCHAK BEN-ZVI President of the State
* Passed by the Knesset on the 11th Shevat, 571J (27th January, 195J) and published in Sefer Ha-Chukkim No. 117 of the 20th Shevat, 5713 (5th February, 1953), p. 36; the Bill and an Explanatory Note were published in Ifat«a'ot Chok No. 57 of the 19th Kislev, 5711 (28th November, 1950) p. 36. 1) Lawts of Palestine.vol. I, cap. 40, p. 506 (English Edition). 2) P. Q. No. 943 of the 29th September, 1939, Suppl. II. p. 917 (English Edition).
29 No. 16 GENERAL AGRICULTURAL COUNCIL ORDINANCE (AMENDMENT) LAW, 5713—1953*
A.^înîîIDent 1 The General Agricultural Council Ordinance, 5708—1048!), shall be amended ״ , .of Ordinance as follows : In section 2(a), — (1) the words "the Director General of the Ministry of Agriculture and his two deputies" shall be deleted; (2) the word "three" shall be replaced by the word "six".
LEVI ESHKOL PEBETZ NAPHTALI Minister of Finance Minuter of Agriculture Acting Prime Minuter YTTZCHAK BEN-ZVI President of the State
No. 17 COPYRIGHT ORDINANCE (AMENDMENT) LAW, 5713—1953»• Change of J. (This section introduces linguistic changes not affecting the English test). Mtle and •Iteration of terms. Amendment of 2. The Copyright Ordinances) shall be amended as follow•: Ordinance. (a) The following sections shall be inserted after section 8:
"Copyright 4. In the case of an unpublished work, the author shall be en in the case of an unpub titled to copyright for such work it at the time of the making lished work. of the work he was a national or resident of Israel.
Copyright for anonymous and pseudonymous works shall (־(Term of pro 5. 1 tection of copyright. be protected for fifty years from the date of their publication. If, however, the author of an anonymous work discloses his identity during the above-mentioned period, or if the pseudonym adopted by the author leaves no doubt as to his identity, the term of pro tection shall be that provided in section 8 of the Copyright Act, 1911, as adapted in this Law. (2) In the case of u work of joint authorship — (i) the period during which the copyright shall be pro tected after the death of an author shall be calculated from the date of death of the last surviving author;
Passed by the Knesset on the 11th Bhevat, 5713 (27th January, 1953) and published in Sefer Ha-Chukkim No. 117 of the 20th Bhevat. 5713 (5th February, 1953), p. 36; the Bill and Explanatory Note were published in Jfatto'ot Chok No. 132 of the 14th Av, 5712 (5th August 1952). p. 330. I.R. No. 16 of the 13th Av, 5708 (18th August, 1948), Buppl. I. p. 41: LSI vol. I, p. «4. Passed by the Knesset on the 17th Bhevat, 5713 (2nd February, 1953) and ?ublished in Sefer Ha-Chukkim No. 118 on the 27th Bhevat. 5713 (12th February, 953), p. 38: the Bill and an Explanatory Note were published In HaUa'ot Chok No. 139 of the 29th Ohuhvan, 5713 (17th November. 1952), p. 18. Laws of talettine vol. I, cap. 25, p. 489 (English Edition).
30 (ii) references in thii Ordinance and in the Copyright Act, 1911, to the date of death of an author shall be construed as references to the date of death of the last surviving author. (9) Protection subsequent to the death of an author or to the publication of a work shall run from the date of his death or of publication, but the term of such protection under the law shall be . deemed to begin on the 1st January of the year following the death or publication. Protection g Where a convention relating to copyright protection has ־ of foreign works. been concluded between Israel and another country, or where Israel has acceded to a convention on this matter, the Minister of Justice may, by order published in Retkumot, direct that the works for which protection in Israel is required by such conven tion shall be protected in accordance with the provisions of such order. The protection of any such work as aforesaid shall not be wider than that which would have been granted to such work, if published, were it first published in Israel or, if unpublished, were the author at the time of the making of the work a national of Israel. Such order may, however, provide for a wider protection than this if an agreement to thiB effect is contained in the con vention, but not wider than the protection so agreed upon.
First pub 7. (1) A work which has been published in several countries lication of work. within thirty days of its first publication Bhall be considered as having been published simultaneously in all such several countries. (2) A work which has been published simultaneously in Israel and in other countries shall be considered as having been first published in Israel; but no such work as aforesaid shall be considered as having been first published in Israel if the publi cation in Israel was colourable only."; (b) Section i shall be renumbered as section 8.
3 The following provisions of the Copyright Act, 1911, shall not apply in Israel: tettons paragraph (6) of section 1(1), the proviso to section 8, section 4, the proviso to section 6(2), section 16(1), the proviso to section 16(2), and sections 17(1), 29 and 86(8).
4, The provisions of this Law shall apply to any work which was protected at Transition•! the date of the coming into force of this Law, but shall not prejudicially affect copyrights created or acquired before the coming into force of this Law.
L1VTE8HK0L PINCHAS BOSEN Minister of Finance Minister of Justice Acting Prime Minister TTTZCHAK BMC-IVI President of the Hat*
81
\ No. 18 PRESS ORDINANCE (AMENDMENT) LAW, 5713—1953*) Amendment of 1 ,The Press Ordinance!) shall be amended as follows: Ordinance. (a) In section 8 — (1) the words "two copies of such issue to the Chief Secretary and a further two copies to the district commissioner" in subsection (1) shall > be replaced by the words "one copy each to the State Archives, the \ Library of the Knesset, the Ministry of the Interior, the Ministry of Education and Culture and the District Representative, and two. copies ,, , to the National and University Library"; \ (2) the words "two pounds" in subsection (2) shall be replaced by• the \ words "twenty-five pounds"; . (6) in section 24 — (1) the marginal note shall be replaced by the following marginal note: "Duty to deliver copies of books."; (2) the words "two copies'•' in the first line shall be. replaced by the words "one copy"; (3) the words "by the printer to the Director of Education and one other copy to the district commissioner of the District in which the book is printed" shall be replaced by the words "by the publisher to the State Archives, one other copy to each the •Library of the Knesset and the Ministry of Education and Culture, and two copies to the National and University Library; (4) the words "and notwithstanding any agreement (if the book be published) between the printer and the publisher" shall be deleted, the colon in the seventeenth line shall be replaced by a full stop, and the •remaining part of the section Bhall likewise be deleted; (c) the words "officers receiving" in Bectipn 25 shall be replaced by the worda "recipient of"; (d) section 27 shall be replaced by the following section:
"Penalty for 27. Every publisher who fails to deliver a copy of any book, or of books™?^ of anT subsequent edition of a book, in accordance, with section publisher. 24 is liable to a fine not exceeding twenty-five pounds"; (e) section 28 is hereby repealed.
LEVI ESHKOL YISRAEL ROKACH Minister of Finance Minister of the Interior Actitng Prime Minister YITZCHAK BEN-ZVI President of the State
* Passed by the Knesset on the 18th Shevat; 5713 (3rd February, 1953) and pub• lished in Seter-Ha-Chukkim No. 118 of the 27th Shevat, 5713 (12th February, 1953), p. 39; the Hill and Explanatory Note were! published in BaUa'ot Chok No. 123 of the 6th Tanimuz, 5712 (29th June, 1952), p. 260. i) Laws o) Palestine vol. II, cap. 116, p. 1214 (English Edition).
32 No. 19 ROAD TRANSPORT ORDINANCE (AMENDMENT) LAW, 5713—1953•
The Road Transport Ordinance') shall be amended as follows: Amendment of Ordinance. (a) In section 4, subsection (2) shall be replaced by the following subsection: "(2) A licence to keep a motor vehicle may be granted or renewed for a period of three, six or twelve months; a renewal shall always have effect as from the day on which the licence expired, or would have expired but for the renewal."; (b) in section 10, the following subsection shall be added after subsection (2): "(3) Section 14 shall not apply to a driving-school of the Defence Army of Israel or t]}e Israel Police, and section 15 shall not apply to a person engaged in teaching driving at such a school."; (0 the following section shall be inserted after section 10: "Exemption 10A. A person who drives a motor vehicle while learning of learner, to drive, in accordance with roles prescribed by regulations and while accompanied by teacher or instructor, does not require a driving licence."; (d) Part VI shall be replaced by the following Part:
PART VI — DRIVING SCHOOLS AND TEACHERS
QrtVing- 14. No person shall maintain or manage a motor vehicle , Schools. driving-school save nnder a licence from the licensing authority and in accordance with conditions to be prescribed by regulations.
Teaehlog 15. ^° Pere°n shall engage in teaching driving save under driviag. a licence from the licensing authority and in accordance with conditions to be prescribed by regulations."; * (e) in section 16 — (1) after the words "to the municipal councils", shall be added the words "and to the local councils"; (2) after the words "within the area", shall be added the words "or, ia the case of a local council, the area of jurisdiction"; (8) the full stop at the end shall be replaced by a. comma, and the following words shall be added thereafter: "and it may be prescribed by order that the whole or any part of the amounts allocated shall be used for the* implementation of this Ordinance or the improvement of road transport conditions."; if) in section 18 — (1) the following paragraph shall be added after paragraph (t): "(j) contravenes any of the rules set out in Schedule I or any of the rules set out in Schedule II which the Minister of Transport, by order, has declared to be a rula to which this paragraph applies."; (2) the closing passage, from the words "is guilty of an offence and is
* Passed by the Knesset on the 19th Bhevat, 571Î (4th February, 1953) and pub• lished fit Safer Ha-Chukkim No. 119 of the 26th Bhevat, 5713 (13th February. 1953), p. 42: the Bill and an laplanatory Note were published in Batia'ot Chok No. 137 of the 26th Elul, 5712 (16th September, 1952), p. 348. l) Laws of Palestine vol. II, cap. 128, p. 1296 (English Edition).
33 "is liable — (i) in the case of an offence Under paragraph (c), ( "Jurisdio- 18A. 'Where a person is charged with an offence under this Ordinance or a rule made thereunder, the following provisions shall apply, notwithstanding anything contained in any other law: (a) a magistrate shall be competent to deal with the offence and to impose any penalty prescribed therefor; (b) the accused shall'not be entitled to demand trial by the District Court."; (h) the following section shall be added after section 19: "Option 19A 0•) "Finable offence" means — of fine * in lieu (a) the driving of a motor vehicle in contravention of trial. 0j geotion 7 by a person whose licence to drive that vehicle has expired; or (6) an offence under a rule made under this Ordi• nance, of an offence under a provision of a by-law made under section 26, declared by the Minister of Transport, by order, to be a finable offence. (2) Where a police officer has reason to believe that .a person has committed a finable offence, he may serve him with a summons in the prescribed form charging him with such offence and giving him the option of a fine of a prescribed amount in lieu of trial. (3) A person served with a summonB under subsection (2) may, within seven days from the day of Bervice, pay to the Court named in the summons a fine of the amount prescribed in respect of the offence specified therein. (4) The Minister of Transport shall by order prescribe— (o) the amount of the fine, not exceeding twenty pounds, in respect of each finable offence; (b) the form of a summons for the purpose of sub• section (2); 34 (c) the mode of paying the fine. (5) (a) A person who has paid the fine as specified in subsection (3) shall be deemed to have pleaded guilty before the Court, been convicted and have undergone ' his punishment; (6) where a person does not pay the fine as aforesaid, the summons served on him shall be deemed to be a su/ninons issued and served under Part XXVI of the Magistrates' Courts Procedure Rules, 19401)."; (i) section 21 shall be replaced by the following sections: "Denial of 21 (1) Where a person is convicted of on offence under this driving- licence on Ordinance or any rules made thereunder, or of an offence under account of another law arisuig from driving a vehicle, the Court which con• trafllc offence or victed him may, in addition to any other penalty, disqualify him offenco for obtaining or holding a driving-licence, either permanently arising from d riving or for a specific period or until the fulfilment of conditions pre• of veblole. scribed by the Court. (2) Where a person is convicted of an offence as specified in subsection (1) which caused a road accident in which a person was injured or property damaged, or of an offence under para• graph (c), (d) or (g) of section 18 of this Ordinance, and within the three years preceding such offence he had already been con• victed of an offence aB aforesaid, he shall be disqualified for ob• taining or holding a driving-licence for twelve' months from the day of the conviction, unless he is disqualified for a longer period under subsection (1) or the Court, for reasons to be stated in the judgment, otherwise directs. (3) Where a person is convicted of an offence under section 7, other than a finable offence, or of an offence under paragraph (b) or (j) of section 18 or under section 243(a) of the Criminal Code Ordinance, 193G2), and within the three years preceding such offence he had already been convicted twice of an offence as re• ferred to in this subsection or in subsection (2), he shall be dis• qualified for obtaining or holding a driving-licence for twelve months from the day of the conviction, unless he is disqualified for a longer period under subsection (1) or the Court, for reasons to be stated in the judgment, otherwise directs. Denial 21 A. Where the holder of a driving-licence or a licence to keep of driving licence on 3 vehicle is convicted of a misdemeanour or a felony the com• account of mission of which was made possible or facilitated by his driving other offence. a vehicle or by using the vehicle for the keeping of which he has a licence, the Court which convicted him may, in addition to any other penalty, disqualify him, either permanently or for a specific period, for holding a licence as aforesaid. Suspension 21B. W Where the Attorney General or his representative, or of driving lioence. an officer of police of or above the rank of inspector, is satisfied that there is sufficient reason to charge the holder of a driving- licence or a licence to keep a vehicle with an offence to which section 21 or 21A applies, and he requests the Court competent to deal with such offence to disqualify the holder of the licence for holding it, the Court may disqualify him for holding the licence 1) P.O. No. 978 of the 15th January. 1940, Suppl. II, p. 35 (English Edition). 2) P.G. No. 652 of the 14th December, 1936, Suppl. I, p. 285 (English Edition). 35 pending termination of his trial or until the disqualification is rescinded under this section. (2) Where a road accident occurs in which a person is in• jured or property damaged, and an officer of police of or above the rank of inspector is satisfied that there is reason to charge the holder of a driving-licence involved in that accident with an offence in connection therewith, such officer may, by order under his hand, disqualify such holder for holding such driving-licence for a period of thirty days from the day on which the order is served on him, but the Court competent to deal with the offence may extend the validity of the order until termination of his trial or until the disqualification is rescinded under this section. (3) The holder of a licence disqualified for holding it for an offence as specified in subsection (2) may apply to the Court competent to deal with such offence for rescission of the disquali- tication; and if the Court, after the holder of the licence and the Attorney Genera1, or his representative have been given an op• portunity to be heard, is satisfied that rescission of the disquali• fication will not impair the safety of the public, it may order it to be rescinded on such conditions as it may prescribe or uncon• ditionally. (4) The Attorney General or hiB representative or a superior officer of police, if satisfied that rescission of the disqualification will not impair the safety of the public, may, by order under his hand, rescind it BO long as no charge has yet been filed in respect of the offence by reason of which is was pronounced. (5) If three months after the day on which the holder of a licence was disqualified under subsection (1) or (2) no charge has been filed in the Court against such holder in respect of the act or omission by reason of which he was disqualified, the dis• qualification shall be rescinded. (6) If six months after the day on which the holder of a licence was disqualified under subsection (1) or (2) no judgment has been given in respect of the act or omission by reason of which he was disqualified, the disqualification shall become void unless the Court otherwise directs. , Withdrawal 21C. 0•) I** *h'8 section, "the competent authority" means the of licence by competent Controller of Road Transport or a person appointed by him to authority. act as a licensing authority within a district, subdistrict or mu• nicipal area. (2) The competent authority may, by reasoned decision, dis• qualify a person for holding a driving-licence, either permanently or for a specific period or until the fulfilment of conditions to be prescribed in the decision, if he is satisfied that the holder of the licence is unfit to drive owing to defective driving ability. (3) The competent authority may, by reasoned decision, attach conditions to a driving-licence if he considers this necessary in view of the defective driving ability of the holder of the licence. Bight 21J). (1) The holder of a licence in respect of whom a decision of appeal. under Bection 21C has been given may, within ten dayB from the day on which it is notified to him, appeal against it to the District Court in whose area of jurisdiction he resides. 36 (2) The filing of an appeal shall not stay the implementation of the order, hut if judgment is not given in a appeal within 90 days from the day of the decision, then, unless the Court otherwise directs, such implementation shall be suspended until judgment is given. (3) The Court which hears the appeal may affirm, vary or quash the decision. No appeal shall lie from an order or judgment of a (׳ (4 District Court under this section. (5) The Minister of Justice shall prescribe the prbcedure for appeals under this section. Duty to 21E. (1) The holder of a driving-licence who is convicted of an produoe licence. offence under this Ordinance or any rules made thereunder or of an offence under another law arising from driving a vehicle, or who is disqualified for holding a licence, or has conditions attached tc his licence, under this Ordinance, shall produce his licence to an authority specified in rules within a period prescribed therein; such authority shall reeord the conviction, disqualification or conditions in the licence. (2) The procedure for the registration and for dealing with a licence which has been produced shall be prescribed by rules. (3) The provisions of this section shall apply also to the holder of a licence to keep a vehicle who has been disqualified for holding it, and to such, a licence. Driving or 21F. (1) A person who has been disqualified for obtaining or obtaining licence holding a licence, or has had conditions attached to his licence, during under this Ordinance, and who, so long as the disqualification disquali fication. or conditions is or are in force, applies for the grant or extension of a licence, or obtains a licence, and does not inform the authority competent to grant or extend the licence of the disqualification or the conditions, is liable to imprisonment for a term not exceed ing two years or to a fine not exceeding one thousand pounds or to both such penalties; and any licence obtained or extended as aforesaid shall be void. (2) A person who has been notified of his disqualification for obtaining or holding a driving-licence and who, so long as the disqualification is in force, drives a vehicle the driving of which without a licence under this Ordinance is forbidden, or who drives in contravention of conditions added to his licence so long as such conditions are in force, or a person who has been notified of his disqualification for holding a licence to keep a vehicle and who, so long as the disqualification is in force, uses or permits the use of such vehicle, is liable to imprisonment for a term not exceeding two years or to a fine not exceeding one thousand pounds or to both such penalties."; (/) in section 23 — (1) after the word "driving-licences" in paragraph (k), shall be added the words "and for licences for driving-schools or licences to teach driving"; (2) paragraph (1) shall be replaced by the following paragraph: "(I) tests and examinations for determining the driving ability of applicants for and holders of driving-licences, the fees payable for 37 such tests and examinations, and the classes of licences which may be granted;"; (3> paragraphs (tt) and (u) shall respectively be re-marked as (y) and (z), and the following paragraphs shall bo added after paragraph (t): "(H•) the control of the teaching of driving, of driving-instructors and the training thereof and of driving-Bchools, and the equipment and implements to be used in driving-schools; -. (v) licences to maintain a driving-school and licences to teach driving, the period of validity and terms of such licences, and the power to cancel or suspend them following an offence under the' .Rules or the terms of the licenoe, and the exemption from the duty to obtain a licence to teach driving ; (ui) the mode of filing applications, the carrying out of examinations and tests for the grant or renewal of driving-licences, licences to teach driving, licences to.maintain a driving-school and licences to keep a vehicle, and the procedure of licensing offices in connection therewith; (x) anything relating to the safety, planning and regulation of traffic;"; (4) the following passage shall bo added at the end : "vehicle", for the purposes of this -section, meanB any means of transportationt propulsion or traction by road, and any machine or installation ordinarily moved on wheels or tracks."; (k) The following Schedules shall be added after section 25: SCHEDULE I ( section 18 (/) ) TRANSPORT RULES *) Number of Rule Description of Offence: 1) 1Kb) Failure to ensure that the brakes and steering apparatus are in good working order.- 2) 17 of Part I (as enacted by Being under the influence of drugs while rule 4 of the Road Transport being the driver in charge of a vehicle. (Amendment) Rules (No. 2), 1934) 2) 3) 24 of Part I (as enacted by Using or, permitting use of vehicle in re• rule 4 of the Road Transport spect of which a "not to use." notice has (Amendment) Rules (No. 2), been issued. 1935) 3) 4) 32(1) (as enacted by rule 1(h) failure to light vehicle moving on road of the Road Transport (Amend• between sunset and sunrise. ment)' Rules (No. 2), 5709— 1949)4) 1) Laws of Palestine vol. Ill, p. 2146 (English Edition). 2) P.G. No. 445 of the 7th June, 1934, Suppl. II, p. 473-(English Edition). 3) P.G. No. 550 of the 14th November, 1935, Suppl. II, p. 1099 (English Edition); P.G. No. 1345 of the 6th July, 1944, SuDpl. II, p. 624 (English Edition): Kovetz Ha-Takkanot No. 205 of the 19th Elul, 5711 (20th September, 1951), p. 1619. «) KoveU Hd-Takkanot No. 18 of the 11th Sivan, 5709 (8th June, 1949), p. 227. 38 fi) 85 of Part II (as enacted by Failure to report accident involving per rule 6 of the Road Transport sonal injury or damage to property, ex (Amendment) Rules (No. 2), cept failure to report accident involving 1935*) only slight damage to property. 6) rule 382) v Failure to affix light to indicate load ex tending beyond the rear of vehicle. 7) 39A (as enacted by rule 1 (0 Dazzling, of the Road Transport (Amend ment) Rules (No. 2), 5709— 19493) SCHEDULE H ( section 18 (;') ) (־ TRANSPOBT RULES Number of Rule : Description' of Offence: 1) 9«) Driving a vehicle at a speed in excess of the permitted speed. 2) ll(c)2) While driving or in charge of a vehicle, being in such a position as to be unable to control the vehicle or to obtain a proper view of the road, or quitting the vehicle without the necessary precautions having been taken, or allowing the vehicle to stand on any road so as to cause ob struction. 3) 162) Overtaking a vehicle when road not clear, or otherwise than on the left, or without giving a warning signal. Careless driving near, or failure to take (־(2)18 (4 precautions before passing over, railway level crossing. 5) 20 of Part V, section (3) (aB Driving omnibus alongside, or BO as enacted by rule 6(3) of the to overtake, another omnibus unlawfully. Road Transport (Amendment) Rules (No. 2), 1934)o) 6) 21 of Part 1 (as enacted by Maintenance and loading of vehicle so rule 6 of the Road Transport as to endanger persons on it or persons (Amendment) Rules, 1935»). using the road. 1) P.O. No. 550 of the 14th November, 19J5, Suppl. II, p. 1100 (English Edition). 2) Laws of Palestine vol. Ill, p. 2146 (English Edition). 3) KoveU Ha-fakkanot No. 18 of the 11th Sivan, 5709 (8th June, 1949), p. 227. «) laws of Palestine vol. Ill, p. 2146 (English Edition); P.O. No. 841 of the 17th November, 1938, Suppl. II, p. 1439 (English Edition); P.O. No. 867 of the 20th February, 1939, Suppl. II, p. 136 (English Edition); P.O. No. 885 of the 4th May, 1939, Suppl. II, p. 328 (English Edition). 3) Laws of Palestine vol. Ill, p. 2146 (English Edition); P.O. No. 1539 of the 5th December, 1946, Suppl. II, p. 1427 (English Edition). e) P.G. No. 445 of the 7th June, 1934, Suppl. II, p. 476 (English Edition). 7) P.O. No. 493 of the 7th February, 1935, Suppl. II, p. 132 (English Edition). 39 7) 24 of Part V; section 3 (as Entering or alighting from, or permitting enacted by rule 9 of the Road entering or alighting from, moving omni• Transport (Amendment) Rules bus. (No. 2), 1935!), except the second paragraph. 8) 26(b) (as enacted by rule 1 Failure to reduce speed, or stop, before of the Road Transport (Amend• pedestrian crossing. ment) Rules (No. 2), 5709— 1949)2). 9) 26(1) (c) of Part V, section (3) Failure to close doors, or to take other (as enacted by rule 1(h) of the precautions, before setting omnibus in Road Transport (Amendment) motion. Rules (No. 2), .5709—1949)2). 10) 32(2)3) Failure to light vehicle standing on any road between sunset and Bunrise. 11) 38 of Part II (as enacted by Driving recklessly or at a speed or in a rule 56 of the Road Transport manner which is dangerous to the public, (Amendment) Rules (No. 2), or without due care. 1934)4). Commence• 2. This Law shall come into force on the 1st Iyar, 5713 (16th April, 1953). ment. LEVIESHKOL YOSEF SAPHIR Minister of Finance Minister of Transport Acting Prime Minister YITZCHAK BEN-ZVI President of the State No. 20 MÉDICAL PROFESSIONS (REPLACEMENT OF LICENCES) 1953״—TEMPORARY PROVISION) LAW, 5713) Definition 1 ' In this Law, "medical licence" means— of medical licence". (1) a licence to practise medicine granted under section 5 of the Medical Practitioners Ordinance, 19475); or (2) a licence to practise dentistry granted under section 5 of the Dentists !Ordinance, 1945°) •t/ or (8) a licence to practise pharmacy granted under part II of the Pharmacists Ordinance?) ; or 1) P.O. No. 550• tof the 14th November, Ï935, Suppl. II, p. U02 (English Edition). 2) KoveU Ha-Takkanot No. 18 of the 11th Sivan, 5709 (8th June, 1949), p. 227. 3) Laws of Palestine "W>\. Ill, p. 2146 (English Edition). <) P.O. No. 445 of the 7th June. 1934, Suppl. II. p. 474 (English Edition). * Passed by the Knesset on the 25th shevat, 5713. (10th February 1953) and pub• lished in Sefer Ha-Chuhicim No. 120 of the 5th Adar, 5713 (20th Februray, 1953). p. 52; the Bill and the Explanatory Note were published in BaUa'ot Chok No. 142 of the 13th Kislev, 5713 (let December, 1952), p. 38. s) P.O. No. 1637 of the 30th December, 1947, Suppl. I, p. 322 (English Edition). 0) P.O. No. 1395• of the 8th March, 1945, Suppl. I, p. 1 (English Edition). ') Laws of Palestine vol. II, cap. 110, p. 1124 (English Edition). 40 (4) a permit to trade in poisons granted under section 36 of the Pharmacists Ordinance; or (5) a licence to practise midwifery granted under section 5 of the Midwives Ordinance1); or (6) a permit to practise midwifery granted under section 9 of the Midwives Ordinance. 2. (a) A person who immediately before the coming into force of this Law was Replacement of medical the holder of a medical licence granted before the Oth Iyar, 5708 (15th May, 1948) licences. is entitled to receive from the authority competent in that behalf a new medical licence in place of and identical with the old one; where the old licence was sus• pended, the new licence shall be suspended in like manner. (b) The replacement of a medical licence under this section is not Bubjcct to a fee. 3. A medical licence granted before the 6th Iyar, 5708 (15th May. 1948) shall Cancellation of old medical expire upon its replacement under section 2 or upon expiration of three months licence. from the coming into force of this Law, whichever is the earlier dale. 4. The! Minister of Health is charged with the implementation of this Law Implementa• tion and and may make regulations as to any matter relating to its implementation. regulations. DAVID BEN-GURION YOSEP SERLIN Prime Minister Minister of Health YITZCHAK BEN-ZVI President of the State No. 21 SUBMARINE AREAS LAW, 5713—1953* 1, (a) The territory of the State of Israel shall include the sea floor and under• Submarine areas ground of the submarine areas adjacent to the shores of Israel but ouUide Israel within the territorial waters, to the extent that the depth of the superjacent water permits territory of the the exploitation of the natural resources situate in such areas. State of Israel. (b) Nothing in subsection (a) shall affect the character of the water super• jacent on the said'submarine areas, and outside Israel territorial waters, as waters of the high seas. DAVID BEN-GURION Prime Minister YITZCHAK BEN-ZVI President of the State Laws of Palestine vol. II, cap. 93, p. 931 (English Edition). Passed by the Knesset on the 25th Shevat, 5713 (10th February, 1953) and pub• lished in Sefer Ha-Chukkim No. 120 of the 5th Adar, 5713 (20tli February, 1953), p. 53; the Bill and an Explanatory Note were published in UaUa'ot Chok No. 133 of the 20th Av, 5712 (11th August, 1952), p. 332. 41 No. 22 COINAGE ORDINANCE (AMENDMENT) LAW, 5713—1953* Amendment^' J The following section shall be added after section 1 of the Coinage Ordinance, of Ordinance. 5709—1948!). 1A. (a) •^nc Government may issue, and from time to time re׳ Issue of" non-metal coins. issue, non-metal coins in accordance with law, and the provisions of this Ordinance as to metal coins shall apply mutatis mutandis to non-metal coins. (b) The authorisation given by subsection (a) shall expire after the 27th Shevat, 5714 (31st January, 1954).". Validation 2. An act done after the 16th Shevat, 5712 (12th February, 1952) and before of acta. the coming into force of this Law, and which would have been validly done had this Law been in force at the time, shall be deemed to have been validly done. DAVID BEN-GURION LEVIESHKOL Prime Minister Minister of Finance YITZCHAK BEN-ZVI President of the State No. 23 JEWISH RELIGIOUS SERVICES (BUDGETS) (AMENDMENT) LAW, 5713—1953** Amendment 1. The Jewish Religious Services (Budgets) Law, 5709—19492), shall.be amended of Law. as' f0nows . In section 3, subsection (e) shall be replaced by the following subsection: "(e) The tenure of a religious council shall expire not later than the 26th Adar Bet, 5714 (31st March, 1954)". ' DAVID BEN-GURION MOSHE SHAPIRA Prime Minister Minister of Religious Affairs YITZCHAK BEN-ZVI President of the State * Passed by the Knesset on the 25th Shevat 5713 (10th February, 1953) and pub lished in Sefer Ha-Chukkim No. 120 of the 5th Adar, 5713 (20th Fobruary, 1953). p. 53; The Bill and an Explanatory Note were published in Hatza'ot 'Chok No. 142 of the 13th Kislev, 5713 (1st December, 1952), p. 39. 1) I.B. No. 39 of the 22nd Kislev 5709 (24th December, 1948), p. 83; LSI vol. II, p. 58. **• Passed by the Knesset on the 17th Adar, 5713 (4th March, 1953) and published in Sefer Ha-Chukkim No. 121 of •the 26th Adar, 5713 (13th March, 1953), p. 56; the Bill and an Explanatory Note were published in HaUa'ot Chok No. 151 of the 6th Bhevat, 5713 (22nd January, 1953), p. 112. 2) Sefer Ha-Chukkim No. 19 of the 22nd Av. 5709 (17th August, 1949), p. 150; LSI vol. III. p. 42 No. 24 RABIES ORDINANCE (AMENDMENT) LAW, 5713-1953* J, The Rabies Ordinance, 1934!), shall be amended as follows: Amendment The following section shall be added after section 7 : Ordinance. "Destruction 7^ A veterinary officer may order the destruction of any dog of inocuTated or over six montuB °' a8e which has not been inoculated againBt dogs-. rabies in accordance with rules made under section 16.". DAVID BEN-GURION PERETZ NAPHTALI Prime Minister Minister of Agriculture YITZCHAK BEN-ZVI President of the State No. 25 LAND ACQUISITION (VALIDATION OF ACTS AND COMPENSATION) LAW, 5713—1953** . 1_ (a) In this Law— Interpreta- "the. Minister" means the member of the Government whom the Go- Uon' vernment shall authorise for the purposes of this Law by notice published in Rcshumot; "Development Authority" means the Development Authority established under the Development Authority (Transfer of Property) Law, 6710— ;(־1950 "property" means land; "acquired property" means property vested in the Development Authority in pursuance of section 2; "date of acquisition" means the date on which property vests in the Development Authority in pursuance of section 2; "owners", in relation to acquired property, means the persons who im mediately before the date of acquisition were the owners of, or had a right or interest in, such property, and includes their successors; "the Court" means the District Court in the area of whose jurisdiction acquired property is situate. (b) In the case of a person who has a right or interest in property, any re ference in this Law to property shall be deemed to be a reference to such right or , interest. • * Passed by the Knesset on the 17th Adar, 5713 (4th March, 1953) and • published in Sefer Ba-Chukkim No. 121 of the 26th Adar, 5713 (13th March, 1953), p. 56; the Bill and an Explanatory Note were published in Hatia'ot Chok No. 151 of the 6th Shevat, 5713 (22nd January, 1953), p. 111. l) P.O. No. 481 of the 20th December, 1934, Suppl. I, p. 242 (English Edition). ** Passed by the Knesset on the 23rd Adar, 5713 (10th March, 1953) and published in Safer Ha-Chukkim No. 122 of the 4th Nisan, 5713 (20th March, 1953), p. 58; the Bill and an Explanatory Note were published in Hatia'ot Chok No. 118 of the 2nd Sivan, 5712 (26th May, 1952), p. 232. *) Sefer Ha-Chukkim No. 57 of the 26th Av, 5710 (9th August 1950),p. 278. 43 Acquisition 2. (a) Property in respect of which the Minister certifies by certificate under his of land for purposes of hand— development, settlement (1) that on the 6th Nisan, 5712 (1st April, 1952) it was not in the possession or security. of its owners; and (2) that within the period between the 5th Iyar, 5708 (14th May, 1948) and the 6th Nisan, 5712 (1st April 1952) it was used or assigned for purposes of essential development, settlement or security; and (3) that it •is still required for any of these purposes— shall vest in the Development Authority and be regarded as free from any charge, and the Development Authority may forthwith take possession thereof. (b) The property shall vest in the Development Authority as from the date specified in the said certificate; the certificate may only be issued'within one year trom the (lay of the coining into force of this Law, and shall be published in Hcshumot as early as possible after the day of its issue. (c) Property vested in the Development Authority as aforesaid shall be re gistered in the Land Register in its name, but non-registration shall not affect the validity of the vesting of the property in the Development Authority. (d) A certificate under this section shall not constitute an admission that acquired property is not or was not State property or that the State has not or had not a right or interest therein. ־ Right to 3 (a) The owners of acquired property are entitled to compensation therefor compensa tion. from the Development Authority. The compensation shall be given in money, unless otherwise agreed between the owners and the Development Authority. The amount of compensation Bhall be fixed by agreement between the Development Authority and the owners or, in the absence of agreement, by the Court, as hereinafter provided. ' . . (b) Where the acquired property was used for agriculture arid was the main source of livelihood of its owner, and be lias no other land sufficient for his liveli hood, the Development Authority shall, on his demand, offer him other property, either for ownership or for lease, as full' or partial compensation. A competent authority, to be appointed for this purpose by the Minister, shall, in accordance with rules to be prescribed by regulations, determine the category, location, area, and, in the case of lease, period of lease (not less than 49 years) and the value of the offered property, both for the purpose of calculating the compensation and for determination of the sufficiency of such property for a livelihood. (c) The provisions of subsection (b) Bhall add to, and not derogate from, the provisions of subsection (a). Determina 4. In the following cases, the right to and amount of compensation shall, on tion of the application of the Development Authority or the owner of the acquired property, compensa tion by the ba determined by the Court : Court. (1) in the absence of agreement between the Development Authority and the owner of the acquired property as to the grant or amount of compensation; (2) where the owner of the acquired property did not file a claim for com pensation with the Development Authority within one year from the day of publication of a certificate under section 2 ; (3) where a claim as aforesaid was filed but was not supported by sufficient evidence; (4) where different or conflicting claims were filed in relation to the acquired property. Rules for 5. (a) In fixing the amount of compensation, the Court shall follow mutatis determining compensa mutandis the rules laid down in . section 12 of the Land (Acquisition for Public tion. 44 Purposes) Ordinance, 19431); provided that the 12th Tevet, 5710 (1st January, 1950) shall be regarded as the day on which notice of the intended acquisition was pub• lished for the purposes of the said section. (b) Any amount fixed by the Court as aforesaid shall be increased by an ad• dition of three per centum per annum as from the 12th Tevet 5710 (1st January, 1950). g_ (a) The decision of the Court or, in the case of appeal, of the Court of Civil Decision of the Court Appeal shall be final with regard to all parties to whom notices of an application in the case under section 4 have been sent or who have attended and claimed compensation of deposit of compensa• either personally or by attorney. tion. (b) A person to whom notice as aforesaid has not been sent or who has not attended and claimed as aforesaid may file a claim within one year from the date of the final decision. (c) Where the Court has awarded compensation, but has not issued directions a3 to the mode of payment thereof, the compensation shall be deposited with the Court, and the Court shall pay it only upon the expiration of one- year, or such shorter period as it may decide, from the date of the final decision, and after application has been made to it by a person claiming the compensation; and the compensation shall be paid as the Court may direct. (d) Deposit of the compensation with the Court has the effect of full discharge, and relieves the Development •Authority from liability as to any claim in relation to the property, unless the Court otherwise orders in connection with a claim under subsection (b). (e) A person who alleges that he has a right to compensation deposited with the Court and the whole or any part of which has not been paid, may, within three years from the date of the final decision, apply to the Court for payment of the whole or any part thereof; and any person who alleges that he has a better right to the whole or any part of the compensation, may file a claim against the person to whom compensation has been paid. 7, The giving of compensation, whether in money or in land, and whether by Belief from agreement or under a decision of the Court, or the deposit of compensation under liability for use of section 6, relieves the Development Authority from any liability for the manner compensa• in which such compensation is used or for the misuse thereof. tion 8. Section 3(4) (a) of the Development Authority (Transfer of Property) Law, Inannlic- 5710—1950, shall not apply to property of the Development Authority offered or ability. given to the owner of acquired property as full or partial compensation for the acquired property. 9 Where the Minister certifies by certificate under his hand that an act done Immunity. on behalf of the State or the Development Authority in respect of any property was done after such property had first been UBed or assigned for purposes of es• sential development, settlement or security, and before it became acquired prop• erty, such act shall not serve as cause for an action on the part of the owner of the property or of his predecessor in title, or as basis for a charge. 10_ The Minister may make regulations as to any matter relating to the imple• Regulations. mentation of this Law. DAVID BEN-GURION Prime Minister YITZCHAK BEN-ZVI President of the State i) P.G. No. 1305 of the 10th December, 1943, guppl. I, p. 44 (English Edition). 45 No. 26 LOCAL AUTHORITIES (EXEMPTION OF SOLDIERS, WAR SUFFERERS AND POLICE OFFICERS FROM RATE) LAW, 5713—1953* \ _ In this Law — "occupier" has the same meaning as in the Municipal Corporations Ordinance, 19341), or in orders under the Local Councils Ordinance, 19412), as the case may be; "rate" means a rate irnp03ed by a local authority on occupiers, and a poll-tax imposed under the Local Councils Ordinance, 1941. 2. The following shall, during the periods stated below, be exempt from any rate to which they would be liable but for this Law: (1) a person serving on regular service in the Defence Army of Israel under the Defence Service Law, 5709—19493) (in this section: "a soldier"), so long as he is a soldier as aforesaid and until the expiration of four months from the day of his discharge; (2) such parent of a soldier as proves to the satisfaction of the local authority in his place of residence that he was wholly dependent on the soldier imme diately before the beginning of the latter's service and that he has not, and iB incapable of securing, a sufficient livelihood — so long BB he is in the said condition and so long as the soldier is exempt under paragraph (1). 3. The following shall, during the periods stated below, be exempt from two thirds of a rate to which they would be liable but for this Law: (1) a person serving on regular service in the Defence Army of Israel other wise than under the Defence Service Law, 5709—1949 — so long as he so serveB; (2) an invalid entitled to a pension under the Invalids (Pensions and Eehabi- litation) Law, 5709—19491), EO long aB he is BO entitled; (3) a person who proves to the satisfaction of the local authority in his place of residence that he has lost fifty per• cent or more of hio working capacity as a result of injury sustained after the 16th Kislev, 5708 (29th November, 1947) in consequence of hostilities in the War of Liberation, and that he has not, and is incapable of securing, a sufficient livelihood — so long as he is in the said condition; (4) a •pcrcon who proves to the satisfaction of the local authority in hie place of residence that he has lost fifty per cent or more of his working capacity as a result of injury sustained or illness contracted in consequence of his service in one of the armieB of the Allied Powers during the Second World War — so long as he iB in the said condition; (5) a person who proves to the satisfaction of the local authority in his place of residence that he has lost fifty per cent or more of his working capacity as a result of injury sustained or illness contracted during his service in the * Passed by the Knesset on the 8th Niaan, 5713 (24th March, 1953) and published in Safer Ha-Chukkim No. 123 of the 18th Nisan, 5713 (3rd April, 1953), p. 62; the Bill and ah Explanatory Note were published in Hatta'ot Chok No. 150 of the 4th Bhevat, 5713 (20th January, 1953), p. 106. 1) P.O. No. 414 of the 12th ;January, 1934, Suppl. I, p. 1 (English Edition). 2) P.O. No. 1154 of the 18th December, 1941, Buppl. I, p. 144 (English Edition). .־ Sefer Ha-Chukkim No. 25 of the Zlst Elul, 5709 (15th September, 1949), :271 (8 4) Sefer Ha-Chukkim No. 25 of the ?1st Elul, 5709 (15th September, 194;), p. 278. 46 Police Force, within the meaning of the Police Ordinance1), and that he has not, and is incapable of securing, a sufficient livelihood — so long as he is in the Baid condition; (6) such relative of a fallen soldier as is entitled to a pension under the Fallen Soldiers' Families (Pensions and Rehabilitation) Law, 5710—1950=) — so long as he is BO entitled; (7) a person defined by regulations as a relative of a person who died as a result of injury sustained as specified in paragraph (3) — so long as that definition applies to him; (8) a person who belongs to the Police Force, within the meaning of the Police Ordinance, other than a person deemed to be a police officer under Part IV or Part V of that Ordinance — so long as he so belongs; (9) a person who belongB to the Prison Service, within the meaning of the Prisons Ordinance, 19463), so long as he so belongs. 4. Notwithstanding anything contained in the Municipal Corporations Ordinance, Subtenant. 1934, or in orders under the Local Councils Ordinance, 1941, a subtenant Bhall, for tho purposes of exemption under section 2 or 3, be considered as an occupier. 5 Where a person is entitled to exemption from rate under section 2 or 3 during Exemption during part of the financial year of a local authority, he shall be exempt only to an extent part of proportionate to the number of months in which he is entitled to exemption. a year. A person who occupies three or more rooms shall be entitled to exemption Restriction ׳ g in respeot ־ under this Law, other than exemption from poll-tax, only in respect of two rooms of large and service-rooms4); provided that if the number of the members of the occupier's dwelling. family who live with him exceeds four ho shall be entitled to exemption as aforesaid in respect of three rooms and service-room!^ 7, The Minister of the Interior is charged with the implementation of this Law Implementa tion and and may make regulations as to any matter relating to its implementation. regulations. DAVID BEN-GURION ISBAEL BOKACH Prime Minister Minister of the Interior YITZCHAK BEN-ZVI President of the State No. 27 EMERGENCY REGULATIONS (ARMY CODE, 5708) (EXTENSION OF VALIDITY) (No. 2) LAW, 5713—1953* 1_ The validity of the Emergency Regulations (Array Code, 5708), 5708—19483), Extension as amended by the Schedule to this Law, is hereby extended until the 25th Tevet, of vaUdit3 5714 (3lBt December, 1953). 1) Laws of Palestine vol. II, oap. 112, p. 1145 (English Edition). 2) Sefer Ha-Chukkim No. 52 of the 7th Av 5710 (21st July, 1950), p. 162. 8) P.O. No. 1472 of the 5th February, 1946, Suppl. I, p. 9 (English Edition). 4) The "usual offices" (Tr). * Passed by the Knesset on the 8th Nisan, 5713 (24th March, 1953) and published in Sefer Ha-Chukkim No. 123 of the 18th Nisan, 5713 (3rd April, 1953), p. 64; the Bill and Explanatory Note were published in HaUa'ot Chofc No. 157 of tho 18th Adar. 5713 (5th March, 1953), p. 148. 5) l.B. No. 20 of the 4th Elul, 5708 (8th September, 1948), Suppl. II, p. 105; Sefer Ha- Chukkim No. 28 of the 16th.Kislev, 5710 (7th December, 1949), p. 17; Sefer Ha- Chukkim No. 58 of the 5th Elul, 5710 (18th August, 1950), p. 220. 47 Saving. 2. The amendment o£ the said Regulations does not affect any judgment given or other act done thereunder before the coming force of this Law. Transitional 3. For the removal of doubt it is hereby declared that regulation 181 (a) of provision. ^e sajj T^gguiatJQng applies also to a soldier charged with an act or omission which occurred before the coming into force of this Law. Commence- 4. This Law shall come into force on the 15th Iyar, 5713 (30th April, 1953). merit. SCHEDULE (section 1) The Army Code, 5708, Bhall be amended as follows: (a) the expression "company commander" or "company commander or holder of a rank lower than company commander" or "company commander or of a rank lower than company commander" shall, wherever appearing in the Code, be read as "jurisdiction officer", and the definition of "company commander" in regulation 2 shall be replaced by the following definition: ""jurisdiction officer" means a commander of a rank not lower than captain, or another officer on whom the power of a jurisdiction officer haB been conferred by the Chief of Staff or a person authorised by him to confer such power;"; (b) the expression "battalion commander" or "battalion commander or commander of a higher rank" or "battalion commander or commander of a rank higher than battalion commander" shall, wherever appearing in the Code, be read as "senior jurisdiction officer", and the definition of "battalion commander" in regulation 2 Bhall be,replaced by the following definition: "senior jurisdiction officer" means a commander of a rank not below lieutenant- colonel, or another officer on whom the power of a senior jurisdiction officer has been conferred by the Chief of Staff or a person authorised by him to confer such power;"; (c) in regulation 8 — (1) the first paragraph shall be replaced by the following paragraph: "A jurisdiction officer or senior jurisdiction officer shall be a "commander competent to be a judge" and may, while on service, try as sole judge his subordinates, including those transferred to or being under his command temporarily, within the terms of reference stated hereunder:"; (2) in the second paragraph, the figures "83A" and "88B" shall be added after the figures, "82" and 84(a), respectively; (3) the full stop at the end shall be replaced by a comma, and thereafter shall be added the words "unless he is authorised to try Buch a commander by virtue of a direction of the Chief of Staff."; (d) in regulation 11, in the part dealing with the penalties which a jurisdiction officer is authorised to impose — • (1) paragraph c shall be deleted; (2) the full stop at the end of paragraph d shall be replaced by a comma, and thereafter shall be added the words: "or, if the accused is a soldier serving in the Army under an engagement for permanent service, a fine or forfeiture of pay of an amount not exceeding twelve pounds."; (3) in paragraph e, the words "or detention in camp" shall be deleted; (4) the following paragraph shall be inserted after paragraph e: "1'. detention in camp for not more than seven days;"; 48 (e) in regulation 11, in the part dealing with the penalties which a senior juris• diction officer is authorised to impose — \1) paragraph b shall be deleted; (2) the full stop at the end of the paragraph c shall be replaced by a comma, and thereafter shall be added the words: "or, if the accused is a soldier serving in the Army under an engagement for permanent service, a fine or forfeiture of pay of an amount not exceeding thirty-six pounds."; (3) paragraphs e, f and g shall be replaced by the following paragraphs: "e. conliuement to camp for not more than twenty-one days; f. detention in camp for not more than thirty-five days; g. reduction in or deprivation of rank, provided that the accused is not of or above the rank of sergeant major."; (/) in regulatipn 28, the words "an Army institution or" in the second line shall be deleted; (g) in regulation 77, the words "severe reprimand" shall be replaced by the words "imprisonment for a term not exceeding three months", and the words "removal from position without reduction in rank" shall be replaced by the words "imprison• ment for a term not exceeding six months''; (h) in regulation 78, the passage from the words "to forfeiture of pay" to the end shall be replaced by the words "to imprisonment for a term not exceeding three months or, if he was on emergency service, to imprisonment for a term not exceeding six months."; (j) in regulation 79, the passage from the words "and if he ia a commander" to the end shall be replaced by the words "and shall be liable to imprisonment for a term not exceeding three months or, if he was on emergency service, to imprison• ment for a term not exceeding six months."; (;') in regulation 82, the passage from "reduction in or deprivation of rank" to the end shall be replaced by the words "imprisonment for a term not exceeding one year"; (k) the following regulation shall be inserted after regulation 83: "Breach of 83A. A soldier of any rank whatsoever who, being in an aircraft discipline or ship used by the Army, does not comply with the lawful direc• in aircraft or ship. tions of the person in charge of the ship or aircraft — whether or not such person be a soldier — as to any matter relating to the navigation, safety or internal rules thereof is guilty of a breach of discipline in an aircraft or Bhip and is liable to imprisonment for a term not exceeding two years."; (!) the following regulations shall be inserted after regulation 88: "Use of 88A. A soldier who, by handling a ship or aircraft carelessly aircraft or in contravention of a rule applying to such handling, causes or or ship in a manner is likely to cause death or injury to a person is guilty of the endangering use of an aircraft or ship in a manner endangering human life human life. and is liable to imprisonment for a term not exceeding five years. a Contravene 88B. soldier flies an aircraft at an altitude lower than that tion of flying prescribed by Army Instructions for that kind of aircraft or for rules. that stage or kind of flight, or uses an aircraft so as to cause un• necessary inconvenience to another person, then, unless such act constitutes a graver offence, he is guilty of a contravention of the flying rules and liable to imprisonment for a term not exceed ing two years."; 49 (*») in regulation 92 — (1) in the third line, the words "or uses such property otherwise than for Army purposes" shall be deleted; (2) in the fourth line, the words "imprisonment for a term not exceeding one year" shall be replaced by the words "imprisonment for a term not exceeding three years."; (n) the following regulations shall be inserted after regulation 92: "Use of 92. soldier who uses Army property otherwise than for Army property Army purposes is guilty of the use of Army property otherwise otherwise than for Army purposes and is liable to imprisonment for a term than lor Army not exceeding one year or, if he was entrusted with the safeguard purposes. ing of that property, to imprisonment for a term not exceeding five years."; Theft of 92B. A. soldier who by theft or in any other manner knowingly arms or removes arms or ammunition from Army control is guilty of a ammunition. theft of arms and is liable to imprisonment for a term not exceeding ten years or, if he was entrusted with the safeguarding of such arms or ammunition, to imprisonment for a term not exceeding fifteen years. Sabotage of 92C. A soldier who destroys, damages or loses a ship or aircraft, ship or air- or acts in such a manner that a ship or aircraft is likely to be oral t and negligence in destroyed, damaged or lost, or causes a ship or aircraft to be guarding attached or detained by a foreign state, and who commits ouch thereof. offence wilfully, is guilty of sabotage of a ship or aircraft and liable to imprisonment for a term not exceeding fifteen years; if he commits the offence under other circumstances, he is guilty of negligence in guarding a ship or aircraft and liable to imprison ment for a term not exceeding five years. In this regulation, "ship" or "aircraft" means a ship or aircraft used by the Army, and includes parts and accessories thereof."; (o) the following regulations shall be inserted after regulation 93: "Propaganda 93A. •^ soldier who — undermining (1) prepares, possesses, publishes or distributes propaganda the Army. material, in written or any other form, the bringing of which to the knowledge of a Boldier may have an effect pre judicial to the security of the State, or (2) makes oral propaganda among soldiers which may have an effect prejudicial to the security of the State, is guilty of propaganda undermining the Army and 1B liable to imprisonment for a term not exceeding three years. — soldier who '־*• .Propaganda 93B prejudicial (1) prepares, possesses, publishes or distributes propaganda to good order. material, in written or any other form, the bringing of which to the knowledge of a soldier may have an effect pre judicial to good order in the Army, or (2) makes oral propaganda among soldiers which may have an effect prejudicial to good order in the Army, is guilty of propaganda prejudicial to good order and is liable to imprisonment for a term not exceeding one year. 50 Insubor• 93C *- s°W'er does or retrains from doing any act in con• dination. travention of the rules or discipline of or good order in the Army, intending by such act or omission to arouse or demonstrate opposi• tion to or protest against a direction binding in the Army or a law of the State, or who lendB assistance towards any of these offences, is guilty of insubordination and liable to imprisonment for a term not exceeding three years. Demon• 93D. A soldier who does or refrains from doing any act in stration forbidden contravention of the rules or discipline of or good order in the in the Army. Army, intending by Buch act or omission to demonstrate dis• respect for a commander or identification with a demand, grievance or contention of another soldier, or who lends assistance towards any of these offences, is guilty of a demonstration forbidden in the Army and liable to imprisonment for a term not exceeding two years. Inciting 93E. A soldier who knowingly causes or attempts to cause three soldiors to mutiny. •or more soldierB to commit an offence under regulation 93C or 93D is guilty of inciting soldiers to mutiny and liable to imprisonment for a term not exceeding five years."; (p) the following regulation shall be inserted after regulation 94A: "Offence in 94B. soldier who — relation to Army (1) knowingly makes or suffers another person to make a documents. false statement in a document relating to the Army, such document being drawn up or signed by him; or (2) makes or suffers another person to make a false state• ment in a document relating to the Army, and the correctness of whose contents it is his duty to check, by not taking reasonable steps to fulfil such duty; or (3) with intent to mislead conceals or suffers another per• son to conceal any particular in a document as referred to in paragraph (1) or (2); or (4) conceals, mutilates, alters or removes a document which it is his duty to safeguard or produce; or (5) signs a document defined by Army Orders as a certificate within the meaning of this regulation without taking reasonable steps to check the correctness and exact• ness of any material particular attested by such certificate, is guilty of an offence in relation to Army documents and liable to imprisonment for a term not exceeding three years."; (q) in regulation 96, the words "of the Army" in paragraph g shall be replaced by the words "of the Army with intent to surrender them to an enemy or hostile party"; (r) in regulation 99 — (1) paragraphs c and h shall be deleted; (2) paragraph j shall be replaced by the following paragraph: "j. detention in camp for not more than thirty-five days"; (») in regulation 104, in the fourth line, the words "nine pounds" shall be re• placed by the words "forty-five pounds"; (t) in regulation 160A, in the fifth line of paragraph b, the words "but the Court shall not increase the sentence if1 only the accused appeals" shall be deleted; 51 («) in regulation 156, in the second line, the words "by delivering a copy thereof to the aacused" shall be deleted; (c) the following regulation shall be added after regulation 180: "Soldier 181. W Where the Court rules that the elements of the offence of unsound with which a soldier is charged have been proved, but finds, on the strength of evidence produced either by the accused or by the pro• secutor or on the Court's own motion, that the accused is exempt from criminal liability therefor under regulation 65, it shall order the accused to be detained in a hospital for mental patients, or some other suitable place to be determined by the Minister of Health, and kept there so long as the Minister of Health is satisfied that he is of unsound mind; (b) Where it appears in the course of the proceedings that the accused is not fit to stand trial by reason of his being of un• sound mind, the Court shall order him to be detained and kept as specified in Bubregulation (a) until he is fit to stand trial. (c) Where a soldier is serving a sentence in an Army prison or Army detention camp, and two Army physicians attest that he is of unsound mind, the Chief of Staff may order him to be transferred to a hospital for mental patients or some other suitable place. If two Army physicians attest that he iB again of sound mind and the term of imprisonment to which he had been sentenced has not expired during his stay in the hospital or other place, he shall be returned to an Army prison or Army detention camp to complete his term of imprisonment.". DAVID BEN-GURION Prime Minister YITZCHAK BEN-ZVI ' President of the State No. 28 DEFENCE REGULATIONS (CONTINUANCE IN FORCE) (TEMPORARY PROVISION) (No. 4) LAW, 5713—1953* Continuance \ All the Defence Regulations specified in the Schedule shall continue in force in force of until the 20th Elul, 5713 (31st August, 1958). Defence Regulations. 2. This •Law shall come into force on the 15th Iyar, 5713 (30th April, 1953). SCHEDULE (section 1) 1'. /i Djefence Regulations, 1939!) ; ^efehce Regulations (Amendment of.Food Control Ordinance, 1942), 19422).; .^||Deferi;ce Regulations (Amendment of Food Control Ordinance, 1942), 1943»); ,. jrialsBeä by the Knesset on the 8th Niaan, 5713 (24th March, 1953) and puublishe d ' HnjSejtr Ba-Chukkim No. 123 of the 18th Nisan, 5713, p. 69; the Bill Ian d an I'sSplanatbry Note were published in Batea'ot Chok No. 156 of the 18th Adar. 1 /IS l(5th March, 2953),p. 144. .(H:o. 914 of the E8th August 1939, SUBPI. II, p. 659 (English Edition׳.M:׳ (1 1 2) •P:a. No. 120.0 of the 11th. June, l£42, Suppl. II, p. 939 (English Edition), .(l'e?i 'Nq: k269 of the 8th April, 1943 Suppl. II, p. 333 (English Edition״s) :j i ; 52 4. Defence Eegulations (Amendment of Food Control Ordinance, 1942), 1944!); 5 Defence (Application of Food Control Ordinance, 1942) Regulations, 1942»); 6. Defence (Food Control) Regulations, 19423); 7. Defence (Prevention of Profiteering) Regulations, 1944*); 8. Defence (Finance) Regulations, 1941'). DAVID BEN-GURION Prime Minister TIT2CHAK BEN-ZVI President of the State No. 29 COMPULSORY LOAN LAW, 5713—1953 * PART ONE : GENERAL — In this Law ־ \ "the Compensation Tax Law" means the War Damage Compensation Tax Interpreta- Law, 6711—1951«) ; tion• "building" means any structure, other than a shed used for an agricultural farm; "urban building" means a building situated within an area to which the Urban Property Tax Ordinance, 19407) (hereinafter: "the Urban Tax Ordinance") applies and used to an extent of not leBs than ninety per cent for residential purposes or for offices or shops ; "industrial building" means an industrial building within the meaning of the Rural Property Tax Ordinance, 19428) (hereinafter: "The Rural Tax Ordi nance") and a building situated within an area to which the Urban Tax Ordi nance applies and used to an extent of not less than ninety per cent for an industry or handicraft or for offices or storing-places connected with the industry or handicraft for which the building is used; "agricultural building" means a building within an area to which the Rural Tax Ordinance applies, other than an industrial building, located in a place declared by the Minister of Finance, with. the approval of the Finance Committee of the Knesset, to be a place of an agricultural character; "rural building" means a building situated within an area to which the Rural Tax Ordinance applies, other than an industrial or agricultural building, and a- building situated within an area to which the Urban Tax Ordinance applies and used for a cow-house, poultry-house, packing-house, or the like; 1J P.O. No. 1312 of the 13th January, 1944, Siippl. IT, p. 17 (English Edition). 2) P.O. No. 1227 of the 8th Ootober. 1942 , 8uppl. II, p. 1535 (English Edition). s) P.O. No. 1181 of the 29th Maroh, 1942, Suppl. II, p. 576 (English Edition). <) P.O. No. 1359 of the 14th September, 1944, Suppl. II, p. 939 (English Edition). s) P.O. No. 1138 of the 6th Novembor, 1941, Suppl. II, p. 1677 (English Edition). * Passed by the Knesset on the 8th Nisan, 5713 (24th March, 1953) and published in Sefer Ha-Chukkim No. 123 of the 18th Nisan, 5713 (3rd April, 1953), p. 70; the Bill and an Explanatory Note were published in Hataa'ot Chok No. 138 of the 5th Oheshvan, 5713 (24th Ootober, 1952), p. 2. e) Sefer Ha-Chukkim No. 68 of the 9th Adar Alef, 5711 (15th February, 1951), p. 44; LSI vol. V, p. 33. r) P.O. No. 1182 of the 30th March, 1942, Suppl. I, p. 11 (English Edition). 8) P.G. No. 1065 of the 20th December, 1940, Suppl. I, p. 275 (English Edition). 53 "special building" means a building situated within an area to which the Urban Tax Ordinance applies, other than an urban, industrial or rural building; "room" does" not include a cellar or attic used for domestic purposes only, a kitchen, service-rooms1), a wash-house, a terrace, an entrance-hall and such rooms in communal settlements as are used for purposes for which the afore• mentioned building parts are used in a dwelling-house; "plantation" means a plantation of fruit-bearing trees or shrubs used for business; "plot" means a piece of land on which there is no building or plantation and v/hich has been approved as a building plot under » panellation scheme within the meaning of the Town Planning Ordinance, 19362), or on which a local building and town planning commission has permitted building, but does not include a piece of land of not less than two dunams in area which on the day of the coming into force of this Law is cultivated under artificial irrigation for the purpose of obtaining agricultural produce and which has been so cultivated for at least four years prior to that date; "completion of construction" has the same meaning as in section 2 of the Urban Tax Ordinance; "fit for occupancy", in relation to a building or room, means having its tiling completed; "lease" includes sublease, whether from the principal lessee or from a sub• lessee ; " "Director of the-Loan" means a Director appointed under section 41. PART TWO: COMPULSORY LOAN AND TERMS THEREOF Compulsory 2. (a) ^n owner of property is liable to a compulsory - loan to the State in 1oan• respect of the property which he had on the 6th Nisan, 5712 (1st April, 1952); pro• vided that if between the eaid date and the day of the coming into force of this Law his property or part thereof was destroyed, or lost or otherwise impaired in• dependently of the will of its owner, he shall be liable to a compulsory loan in respect of such property to the extent only that.he has received compensation or a consideration therefor; in that' case, the compensation or consideration shall be deemed to be property which he had on the 6th Nisan, 5712 (1st April, 1952). (b) The amount of the loan is calculated on the value of the property — after deducting from such value the amount of any exemption or deduction to which the owner of the property is entitled under this Law — at the rates specified in section 86. (c) Property", for the purposes of this Law, means — (1) an urban building, an industrial building, an agricultural building, a rural building, a special building, a plantation and a plot (hereinafter: immovable property "); (2) installations, artificial ponds, stationary machines, tools and in• struments, excluding movable property kept by the owner thereof for his personal use or for the use of members of his household or of persons dependent on him (hereinafter: "equipment"); (3) vehicles, other than bicycles, vessels, aircraft and machines used by way of locomotion (hereinafter: "mobile equipment"); (4) animals of the kinds specified in regulations under section S2, raw 1) The "usual offices" (Tr.). 2) P.O. No. 589 of the 4th May, 1936, Suppl. I, pi 157 (English Edition). 54 materials and finished and semi-finished goods, excluding movable prop erty kept by the owner thereof for his personal use or for the use of members of his household or of persons dependent on him (hereinafter: "trading-stock"). 3 The principal and interest of the loan shall be paid out of the general revenues Payment and security. and assets of the State. 4. (a) The compulsory loan shall bear interest at the rate of two and a half per Terms and redemption cent per annum; the interest shall be exempt from income tax and company profits of loan. tax. . (b) From the 29th Adar Bet, (1st April, 1957) to the 6th Nisan, 5731 (1st April, 1971), the Government shall redeem in each year beginning with the first of April and ending with the thirty-first of March the fifteenth part of the total amount of the compulsory loan not redeemed by the 28th Adar Bet, 5717 (31st March, 1957); redemption shall be by way of drawing lots. (c) The Government, with the approval of the Finance Committee of the Knesset, may redeem the whole or any part of the compulsory loan before the times set for its redemption in subsection (b); but the amount of any redemption as aforesaid subsequent to the 28th Adar Bet, 5717 (31st March, 1957) shall be credited against that part of the amount of the loan the time for the redemption ' of which under subsection (b) is the latest. (d) The Minister of Finance shall prescribe by regulations the times for the redemption of the principal within the periods specified in subsection (b), the procedure for the drawing of lots, and the times, procedure and place for the pay ment of interest. 5. (a) An owner of property who has made a compulsory loan shall be given Loan a receipt therefor and is entitled to receive a loan certificate or several loan cer certificates. tificates. (b) The Government shall issue loan (bearer) certificates for the amount of the compulsory loan made by the owners of property; the certificates shall bear the date of the 29th Adar Bet, 5717 (1st April, 1957). (c) The loan certificates shall be exempt from stamp duty. (d) Every loan certificate shall be for an amount of one hundred pounds and shall be marked with a serial, number; provided that the Minister of Finance may issue loan certificates in two halves of fifty pounds each, marked with the same serial number. g The duty to make a compulsory loan under this Law shall Subsist notwith Removal of legal ־ standing any prohibition or restriction imposed by any other law or by any document. restrictions. PART THREE: OWNER OF PROPERTY 7. In the case of immovable property, the owner of the property shall be the Owner of immovable registered owner or, where there is no registered owner or the place of residence of property. the registered owner is unknown, the person receiving or entitled to receive the rents and profits of that property in such circumstances that he is the reputed owner thereof. 8_ (a) In the case of immovable property leased for a period exceeding three Owner of leased years,, the owner and the lessee shall be regarded as owners in the proportions immovable indicated in paragraph (4) of the definition of "owner" in section 1 of the Com property. pensation Tax Law, and the period of lease shall be reckoned in the manner in dicated in the closing passage of that paragraph. 55 (b) A person shall he regarded as the lessee of immovable property, and his rights therein shall be regarded as a lease, if ho occupies or is entitled to occupy or enjoy such property by virtue of an agreement entitling him to be registered as a lessee or by virtue of his membership in a company within the meaning of the Companies Ordinance*), a cooperative society within the meaning of the Co operative Societies Ordinance2) or a society under the Ottoman• Law of Societies ar 1909 (all three hereinafter: "corporations"), under the terms of the־of the y memorandum or articles of the corporation. Owner of 9. In,the case of equipment, mobile equipment or trading-stock, the owner is equipment and trading- the person who may on his own authority transfer the ownership thereof to another stook. person. Property of 10. In the case of property of a partnership, each partner shall be regarded as partnership. owner in proportion to his share in the partnership. Property in H,. (a) In the case of property managed, held or controlled by the Custodian of the hands of Bnemy Property, the Administrator General, the Custodian of Absentees' Property,• a custodian agent, the Custodian of German Property, an administrator or executor, a isceiver, liqui attorney dator or trustee appointed by operation of law or by a court (hereinafter: "cus or trustee. todian") or an agent or attorney appointed by an owner of property who is abroad, the custodian, agent or attorney Shall be regarded as the owner of the whole of the property managed, held or controlled by him, provided that the loan leviable on such property shall not be collected from his private property; for the purpose of determining the value of the property and the enjoyment of exemption or deduction, the original owners shall be regarded as owners in accordance with their respective rights in the property. (b) A trustee appointed by the owner of, or by persons having an interest in, the property who does not disclose the identity of such owner or persons shall be regarded as the owner of the property. Family 12. The property of a spouse who lives with the head of the family and the property. property of unmarried children under 18 years of age shall bo regarded as property of the head of the family. Owner in the 13. An agricultural farm of a value not exceeding 30,000 povnds which represents case of the entire property of its owner and the main source of livelihood of himself and certain agricultural of his married son or daughter who regularly works the farm with him shall, for farms. the purpose of determining the value of the property and the enjoyment of exemp tion or deduction, be regarded as the property of two owners in equal shares; pro vided that the duty of paying the compulsory loan shall fall entirely upon the owner of the farm. Property of 14. (a) The property of a cooperative society for agricultural settlement shall, certain for the purpose of determining the value of the property and the enjoyment of corporations. exemption or deduction, be regarded as the property of a number of owners equal to half the number of the members of the society and whose shares in the property are equal. This provision shall not apply to property which is an industrial building or to the equipment, mobile equipment, raw materials and finished or semi-finished goods used for the purposes of or produced by the industry carried on in that building, unless— (1) not more than 25 per cent of tho production of that industry is marketed; and/or (2) the number of persons employed in that industry does not exceed twenty; and/or 1) Laws of Palestine vol. I, cap. 22, p. 161 (English Edition). 2) Laws of Palestine vol. I, cap. 24, p. 360 (English Edition). 56 (3) the industry is situated in a place which the Minister of Finance, with the approval of the Finance Committee of the Knesset, has declared by declaration published in Reshumot to be a pioneering area within the meaning of this section. (b) Where the property of a corporation at least seventy-five per cent of the members of which are cooperative societies for agricultural settlement is intended for joint operations of water supply to agriculture, improving the breed of livestock or other operations for the advancement of agriculture, such property shall, for the purpose of determining the value thereof and the enjoyment of exemption or deduc tion, bo regarded as the property of all the members of the corporation in ac cordance with their respective shares in its capital. (c) The property of a cooperative society engaged in production or a service in which not more than twenty persons are employed shall, for the purpose of deter mining the value of the property and the enjoyment of exemption or deduction, bo regarded as the property of all its members in accordance with their respective shares in its capital. PART POUR: VALUE OF THE PROPERTY 15. (°) ^ne va'ue °f a p'sce of land on which an agricultural building has been Value of built-up erected shall bo equal to the value of such building. pieces of land. (b) The value of a piece of land on which un urban, industrial, special or rural building has been erected shall — (1) if the built-up space of the building is not less than seventy-five per cent of the maximum building space which at the time of construction was permitted on that plot under the Town Planning Ordinance, 193G — be equal to the value of such building; (2) if the built-up space of the building is less than the size referred to in paragraph (1) — be equal to the value to be fixed for that piece i»f land and building by a valuer appointed under section 48. The value of an urban or rural building, an industrial buildiug ai referred Value of (״) .IS to in section 19 (a) or an agricultural buliding is equal to the value of all the rooms buildings therein. (b) A room, for the purpose of determining the value as aforesaid, is (1) in the case of an urban, rural or agricultural building — (i) a room not exceeding thirty square metres in area used for a workshop or storing-place; or (ii) a room not exceeding twenty-five square metres in area used for ' a shop; or (hi) any other room not exceeding twenty sqaure metres in area; (2) in the case of an industrial building — a room not exceeding thirty square metres in area. (c) A room exceeding the maximum area indicated in Bubsection (b) shall be reckoned — (1) if the excess is not more than 30 per cent — as a room and a half; (2) if the excess is more than 30 per •cent, but not more than 100 per cent — as two rooms; if the excess over the maximum area is more than 100 per cent, each addi tional 100 per cent or part thereof shall be reckoned as an additional room. (d) A room used for residential purposes and not exceeding twelve square metres in area shall be reckoned as half a room. 57 Value of 17. (a) I" l:ne case of an urban building, the• value of each room not used as room in urban a shop shall be — building. (1) if completion of construction of the building took place before the 24th Adar Bet, 5692 (1st April, 1932) — 550 pounds; (2) if completion of construction of the building took place on or after the 24th Adar Bet, 5692, (1st April, 1932), but before the 22nd Adar Bet, 5700 (1st April, 1940) — 800 pounds; (3) if completion of construction of the building took place on or after tho 22nd Adar Bet, 5700 (1st April, 1940), but before the 21st.Adar Bet, 5708 (1st April, 1948) —1250 pounds; (4) if completion of construction of the building took place on or after the 21st Adar Bet, 5708 (1st April, 1948), and the room was fit for occupancy on the 6th Nisan, 5712 (1st April, 1952) — 2400 pounds; (5) if completion of construction of the building took place on or after the 21st Adar Bet, 5708 (1st April, 1948), and the room was not fit for occupancy on the 6th Nisan, 5712 (1st April, 1952) — 1500 pounds. (b) The Minister of Finance, with the approval of the Finance Committee of the Knesset, may declare by declaration published in Bcshumot — (1) that the value of each room in buildings situated in certain streets or quarters to be specified in the declaration shall• be an amount not less than 50 per cent of the amount stated in subsection (a); (2) that the value of each room in buildings designated in the decla• ration as first-class buildings shall be not more than 150 per cent of the amount stated in subsection (a); (3) that the value of^ each room in buildings designated in the decla• ration as luxury buildings shall be not more than 200 per cent of the amount stated in subsection (a). A declaration under this subsection 6hall specify in respect of each street, quarter or building, as the case may be, the percentage by which the value of each room shall be reduced or increased. (c) In the case of an urban building, the value of each room used as a shop shall be twice the amount stated in subsection (a); provided that the Minister of Finance, with the approval of the Finance Committee of the Knesset, may declare by declaration published in Reshumot that the value of each room in buildings spe• cified in the declaration-and situated in centrally located streets shall be an amount not exceeding — (1) 300 per cent of the •!aid amount if completion of construction of the room took place not later than the 22nd Adar Bet, 5700 (1st April, 1940); (2) 400 per cent of the said amount if completion of construction of the room took place not later than the 21st Adar Bet, 5708, (1st April, 1948). (3) 500 per cent of the= said amount if completion of construction• of the room took place not later than the 21st Adar Bet, 5708, (1st April, 1948). A declaration under this subsection shall specify in respect of each.building tho percentage by which the value of each room shall be increased. Value of 18. In the case of a rural building, the value of each room shall be — room in rural (1) twenty-five per cent of the amount stated in section 17(a) if the building building. is used for an agricultural farm; (2) seventy-five per cent the amount stated in section 17(a) in every other 58 19. (a) ^ne value of eana room m nn industrial building not exceeding one Value of industrial hundred and twenty square metres in area Bhall be equal to the value of a room in building. an urban building according to section 17(a), provided that the amount of 2400 pounds in paragraph (4) shall be replaced by the amount of 1500 pounds. (b) The value of an industrial building other than a building as referred to in subsection (a) shall bo the amount of the cost of construction multiplied by a multiplier fixed with reference to tha high-cost-of-building index; the Minister of Finance, with the approval of the Financo Committee of the Knesset, shall pre• scribe by regulations rules for calculating the cost of construction according to types of buildings and quality and periods of construction, and shall fix the multiplier in respect of each period. 20. The value of a special building shall be equal to the value of an industrial Value of special building as calculated under section 19 (b). building. 21. In the case of an agricultural building, the value of each room shall be — Value of room in (1) twelve and a half per cent of the amount stated in section 17(a) if agricultural the building is used for an agricultural farm; building. (2) fifty per cent of the amount stated in section 17(a) if the building is used for residential purposes or for an office, a Bhop, a dming-hail, meetings or the like; (3) twenty-fivo per cent of the amount stated in section 17(a) in every other case. 22. Notwithstanding the provisions of section 17 to 21, the value of a hut or a room Proviso in respect of in a hut shall be one third of the amount stated in the said sections. huts. 23. The value of a plantation shall be — Value of plantation. (1) in the case of an olive plantation not artificially irrigated 50 pounds per dunam or part thereof ; (2) in the case of vines — 80 pounds per dunam or part thereof; (3) in every other case — 100 pounds.per dunam or part thereof. 24. The value of a plot shall be determined by a valuer appointed under Value of section 48. Dlot• 25. The value of on artificial pond shall be determined according to rules Value of which the Minister of Finance, in consultation with the Minister of Agriculture, artificial pond. shall prescribe by regulations. 26. The value of equipment not UBed for an agricultural farm shall be — Value of non- (1) three and half times the amount of the price paid by the owner of the agricultural equipment at the time of its acquisition if it was acquired before the 21st equipment. Adar Bet, 5708 (1st April, 1948); (2) twice the amount of the said price if the equipment was acquired on or after the 21st Adar Bet, 5708 (1st April, 1948), but before the 18th Shevat, 5712 (14th February, 1952); (3) tha amount of the said price if the equipment was acquired on or after the 18th Shevat, 5712 (14th February, 1952). 27. The value of equipment, and of mobile equipment other than motorcars, used Value of for an agricultural farm shall be — agricultural equipment. (1) three times the amount of the price paid by the owner of the equipment at the time of. HB acquisition if it was acquired before the 2l3t Adar Bet, 5708 (1st April, 1948); 59 (2) one and half times the amount of the said price if the equipment was acquired on or after the 21st Adar Bet, 5708 (1st April, 1948), but before the 18th Shevat, 5712 (14th February 1952) ; . (3) the amount of thé said price if the equipment was acquired on or after the 18th Shevat, 5712 (14th February, 1952). Value of 28. The value of mobile equipment, other than mobile equipment as referred to mobile ia section 27, shall be equal to the value of non-agricultural equipment as calculated equipment. under Bection 26. Proviso in 29. Notwithstanding the provisions of the sections 26, 27 and 28, the Minister respect of certain of Finance, with the approval of the Finance Committee of the Knesset, may pre• equipment. scribe by regulations rules for calculating the value of any equipment or mobile equipment made in Israel or imported into Israel under an import licence without allocation of foreign currency. Value of 30. (a) The value of trading-Btock, other than agricultural stock as referred to trading- stock. in section.33, shall be — (1) • twice the amount of the price paid by the owner of the trading-stock at the time of its acquisition if it was acquired before the 18th Shevat, 5712 (14th February, 1952) ; (2) the amount of the said price if the trading-stock was acquired on or after the 18th Shevat, 5712 (14th February, 1952). However, the Director of the Loan may fix as the value of any trading-stock as aforesaid the amount of the price which, such trading-stock was capable of realis• ing on the 17th Sivan, 5712 (9th June, 1952) in a sale by a willing seller to a willing purchaser, less the amount of profit permitted by law or licence. (b) Notwithstanding the provisions of subsection (a) — (1) the Minister of Finance, with the approval of the Finance Committee of the Knesset, may prescribe by regulations rules for calculating the value of trading-stock imported under an import licence' without allocation of foreign currency and of trading-stock manufactured from goods so im• ported ; (2) the value of any trading-stock for which a special calculation or maximum price is prescribed by law.or licence shall not exceed the amount so prescribed, lesB•the amount of profit permitted by such law or licence. Price. 31. (a) "Price", for the purpose of calculating the value of equipment, mobile equipment and trading-stock under sections 26, 27, 28 and 30, includes the whole cost of transportation and assembly. (b) The price does not include compulsory payments imposed on the equipment, mobile equipment or trading-stock, but in calculating its value, there shall be added the amount of the customs or excise duty which would have been payable on it had it been charged therewith on the day of the coming into force of this Law. (c) Where thé equipment, mobile equipment or trading-stock was acquired otherwise than by purchase, its price shall be calculated according to the amount which would have been paid for it had it been acquired in a sale by a willing seller to a willing purchaser. Value of 32. The value of animals shall be determined according to rules which the animals. Minister of Finance, in consultation, with the Minister of Agriculture, shall pre• scribe by regulations. 60 33. The value of stocks of certain commodities which the owner of an agricultural Value of agricultural farm kept on the 6th Nisan, 5712 (1st April, 1952) shall be as stated hereunder: stock. (1) the value of a stock of fodder or fodder grains shall be the amount which tho owner of the stock has declared, under section 5(b) of the Com• pensation Tax Law, as its value on the 6th Nisan, 5712 (1st April, 1952) and which has been approved by the Director of the War Damage Com• pensation Tax; (2) the value of a stock of grains other than fodder grains, as well as of chemical fertilisers and other commodities used for achieving produce and fertility, shall be half the aggregate of tho amounts declared on the 1st Tishri, 5712 (1st' October, 1951) and the 6th Nisan, 5712 (1st April, 1952) and approved as aforesaid. 34. Where the value of any equipment, mobile equipment or trading-stock has Valuation of certain been determined under the provisions of this Part, the owner thereof may demand property. of the Director of the Loan that it shall be valued by a valuer appointed under section 48. The valuation shall bo carried out at the expense of the owner, and the value of the property shall be — (1) if the valuer fixes an amount less than two thirds of the amount fixed by the Director of the Loan — the amount fixed by the valuer; (2) in every other case — the amount fixed by the Director of the Loan. i 35. (a' Notwithstanding anything contained in this Part, the value of property Maximum value of managed, held or controlled by the Custodian of Absentees' Property or the Custo• certain dian of German Property, and not returned to its original owner or his successors property. before payment of everything due under this Law, Bhall not exceed the official value fixed for that property in section 19 of the Absentees' Property Law, 5710— 1950J), or in section 12 of the German Property Law, 5710—19502), as the case may be. (b) Where the property is returned to its original owner or his successors before payment of everything due under this Law, the value of property and the amount of the loan leviable thereon shall be fixed anew, and the persons to whom • the property is returned shall be deemed to have been the owners of the property on the 6th Nisan, 5712 (1st April, 1952). PAET FIVE: AMOUNT AND COLLECTION OF COMPULSOBY LOAN 36. The amount of the compulsory loan to which an owner of property is liable Amount of under section 2 is calculated at the followiiig rates: l°oa!nPU'80ry (1) in the case of property the value of which does not exceed ten thousand pounds — 4J per cent of such value; (2) in the case of property the value of which exceeds ten thousand pounds, but does not exceed twenty thousand pounds — 5£ per cent of such value; (3) in the case of property the value of which exceeds twenty thousand pounds, but does not exceed thirty-five thousand pounds — 7 per cent of such value; (4) in the case of property the value of which exceeds thirty-five thousand pounds, but does not exceed fifty thousand pounds — 8 per cent of such value; (5) in the case of property the value of which exceeds fifty thousands pounds, but does not exceed sixty-five thousand pounds — 9 per cent of Buch value; 1) Sefur Ha-Chukkim No. 37 of the 2nd Nisan, 5710 (20th March, 1950), p. 86. 2) Sefer Ha-Chukkim No. 56 of the 20th Av, 5710 (3rd August, 1950), p. 266. 61 (6) in the case of •property the value of which exceeds sixty-five thousand pounds — 10 per cent of such value. (b) Notwithstanding anything contained in subsection (a), v/herever the value of any property exceeds by not more than five thousand pounds the maximum amount fixed in any of the paragraphs (1) to (S) of that subsection, the owner shall be liable to a compulsory loan consisting of the following two amounts: (1) in respect of the maximum amount in question — such proportion thereof as represents the rate mentioned in that paragraph; (2) in respect of the excess — such proportion thereof as represents the rate mentioned in the next following paragraph. (c) If the amount of the compulsory,, loan to which a person is liable is not divisible by fifty, the excess over the amount divisible by fifty shall be dealt with as follows: the person liable may add the amount wanting to complete fifty or, if he does not do BO, shall pay fifty per cent of the excess as a tax payment, under Part Eight; but the Director of the Loan shall permit the combination of such an excess with the excess of another owner of property and shall in that case deliver the lopn certificate to a person agreed upon by the lenders. Time for 37. (a) The person liable to a compulsory' loan shall pay it in the instalments payment of and at the times specified hereunder: loan. (1) 10 per cent, within one month from the day of the coming into force of this Lav/;. (2) the balance, in six half-yearly instalments beginning on the 20th Av, 5713 (1st August, 1953); provided that to the extent that he is liable in respect of trading-stock not in the hands of an industrialist for the purpose of manufacture or in the hands of the owner of an agricultural farm, he-shall pay the balance in five quarterly instalments beginning on the abovementioned date. (b) The first instalment under subsection ,(a) shall be pnid as an advance of an amount of ten per cent of the sum which the owner of the property would havu to pay if the value of bis property were the amount for which the property insured on the 6th Nisan, 5712 (1st April, 1952) against damage by fire or ־was any other risk; in the absence of such insurance, the Director shall determine the amount of the advance, and in the absence of such determination, the owner of the property shall, when making his declaration under section 42, pay the advance due from him according to his own estimate under the provisions of this Law. Where it appears that the amount paid as aforesaid exceeds the 10 per cent which the owner of the property was liable to pay, the difference shall be deducted from the first instalment or instalments which he is liable to pay after the final determination; where it appears that the amount paid as aforesaid is less than the 10 per cent which the owner of the property was liable to pay, the Director may demand the balance forthwith or add it to the first instalment falling due thereafter. (c) An owner of property wno within six months from the day of the coming into force of this Law pays the whole amount of the compulsory loan leviable from him shall be entitled to a reduction of ten per cent of such amount. Security. 38. Where the amount of the compulsory loan to which an owner of property is liable has been finally determined, the Director of the loan may demand from him promissory notes — with dates of maturity as provided in section 37 — as security for the payment of the amount still outstanding; such promissory notes shall be exempt from Btamp duty. 62 39. The Taxes (Collection) Ordinance!) shall apply to the collection of tho compul• Collection. sory loan as if the amount of the loan were a tax within the meaning of that Ordinance; however, notwithstanding section 12 of that Ordinance, a first charge on immovable property shall be constituted by such part only of the compulsory loan as'bears to the whole of the compulsory loan tho same proportion as the value of that immovable property bears to the value of all the property of the owner of that immovable property; the balance shall be a charge ranking after charges created on that immovable, property before the 6th Nisan, 5712 (1st April, 1952). 40. Where an owner of property does not make a declaration within the time Fine, for non- deolaration prescribed in section 42, or does not pay an instalment of the amount of tho com• and non• pulsory loan, or an advance, within thirty days from the date prescribed for pay• payment. ment, there shall be added to the amount of the loan to which he is liable, or to the amount of the instalment or advance not paid, as the case may be, a fine of 20 per cent of such amount plus interest at tho rate of 6 per cent per annum. However, the Director of the Loan may exempt an owner of property from payment of tho whole or a part of the said addition if he sees sufficient reason so to do, such reason to be recorded by him in a special register. PART SIX: MANAGEMENT OP THE COMPULSORY LOAN 41. (a) The management of the affairs of the compulsory loan shall be in the Director of hands of the Director of the Loan, who shall be appointed by the Minister of Loan. Finance. (b) The Director may authorise another person in writing, generally or in respect of a particular matter or area, to exercise the powers of the Director under this Law and to perform any of his functions. (c) Notice of the appointment of the Director of the Loan and of an authori- satiou under subsection (b) shall be published in Reshumol. r 42. k ot later than thirty days from the day of the coming into force of this Law, Declaration every owner of property shall make to the Director of the Loan, in such form as of property. the Director may prescribe, a declaration of the property which he had on the 6th Nisan, 5712 (1st April, 1952) and of the value thereof. 43. The Director of the Loan may require the owner of the property and• any Supply of information person who has a right in the property to supply to him, within such period as he and may by notice prescribe, information or particulars or an additional declaration documents. relating to the property, or to produce to him or to a person named in the require• ment, at such reasonable place and time as he may prescribe, any property and any document or certificate in his possession relating to such property, and a person so required Bhall comply with the requirement. an 44. When owner of property has made a declaration under section 42, the Determina• Director of the Loan may — tion of amount of (1) approve the declaration and in accordance therewith finally determine the oompulsory loan to which amount of the compulsory loan to which such owner of property is liable ;.or an owner of (2) approve tho declaration provisionally and determine the amount of the property is liable. compulsory loan provisionally in accordance therewith; or (8) if he has reason to believe that the particulars stated in the declaration in respect of all or of any of tho property of that owner are incomplete or in• correct — provisionally determine the value of the property to the best of his judgment and, in accordance with such valuation,' provisionally detormine the amount of tho compulsory loan.. l) Lows of Palestine vol. II, cap. 137, p. 1399 (English Edition). 63 A provisional determination under paragraph (2) or (3) shall not affect the right of the Director to determine the amount of the compulsory loan finally later Determina• 45. Where an owner of property does not make a declaration under section 42 or tion of amount of where part of his property is not included in the declaration made by him, the loan in the Director of the Loan shall to the best of his judgment determine the value of the absence of a declaration property of such owner, or of such part of his property as is not included in the declaration, as the case may be, and,- in accordance with such valuation determine the amount of the compulsory loan leviable from him. Notice of 46. The Director of the Loan shall give every owner of property notice of the determina• tion of amount of the compulsory loan to which he is liable; the notice shall specify the amount of ' amount payable by him in respect of each part of his property. loan. Objection. 47. (a) A person considering himself aggrieved by a notice, of the Director of the Loan under section 46 may object to it before an objections committee consisting of three members; the objection shall be filed within thirty days, but the chairman of the committee may extend the time for the filing of objection if he sees sufficient reason for so doing. (b) The filing of objection shall not delay the payments to which the owner of the property is liable under the notice. (c) The members of the objections committee or objections committees, and the chairman or chairmen thereof, shall be appointed by the Minister of Justice from among the public; notice of the appointment and composition of an objections committee shall be published in Reshumot. (d) An objections committee shall have all the powers which may be granted to a commission of enquiry under section 5 of the Commissions of Enquiry Ordi• nance1), and the owner of the property may attend before the committee either personally or through an advocate. (e) The objections committee may dismiss the objection or may cancel or vary the notice of the Director of the Loan, and its decision shall be final. (f) The Minister of Justice may make regulations as to the procedure before the objections committee, and in so far as he has not done so, the committee shall itself prescribe the procedure before it. Valuer* 48. M The Minister of Justice shall appoint a number of persons who are land valuers within the meaning of the Land Valuers Ordinance, 19472), to be valuers for the valuation of immovable property under sections 15(b)(2) and 24, and a number of persons who are experts on equipment, mobile equipment or trading- stock, to be valuers for the valuation of such property under section 84. (b) A valuer shall fix as the value of the property the price which it was capable of realising on the 6th Kisan, 5712 (1st April, 1952) on a sale by a willing seller to a willing purchaser. Extension 49. The Director of the Loan may on application extend any time prescribed in of times. this Law for the doing of any thing, other than the filing of objection, if the applicant provides a sufficient reason, which shall be indicated in the decision of the Director of the Loan. 1) Laws of Palestine vol. I, oap. 21, p. 157 (English Edition). 2) P.O. No. 1604 of the 16th August, 1947, Buppl. I, p. 233 (English Edition). 64 50 W A state employee and any employee of a local authority shall, on the Examination of documents. written requirement of the Director of the Loan — (1) furnish him with particulars required by him in connection with this Law; (2) enable any person named in the requirement to inspect books, certi• ficates, plans or other documents the inspection of which may facilitate the implementation of this Law, and permit him to prepare copies thereof. (b) Nothwithstanding section 25 of the Compensation Tax Law, the provisions of subsection (a) shall apply to the Director of the War Damage Compensation Tax. 51. A notice required to be given under this Law shall, if sent by registered post, Service of notices. be deemed to have been duly served one week after registration. PART SEVEN: EXEMPTION AND DEDUCTIONS 52. (a' An owner of property is entitled to exemption from the payment of the General exemption. compulsory loan in respect of part of his property, as specified hereunder: (1) in respect of five thousand pounds if the value of all hiB property does not exceed ten thousand pounds; (2) in respect of four thousand pounds if the value of all his property exceeds ten thousand pounds, but does not exceed twelve thousand pounds; (3) in respect of three thousand pounds if the value of all his property exceeds twelve thousand pounds, but does not exceed fourteen thousand pounds; (4) in reBpect of two thousand pounds if the value of all his property exceeds fourteen thousand pounds, but does not exceed fifteen thousand pounds; (5) in respect of one thousand poundB if the value of all his property exceeds fifteen thousand poundB, but docs not exceed sixteen thousand pounds. (b) An owner of property who has settled in an agricultural settlement estab• lished after the 16th Kislev, 5708 (29th November, 1947) shall be exempt from the compulsory loan in reBpect of Buch of hiB property as represents his agricul• tural farm. (c) A person whose working capacity has been impaired as a result of war injuries within the meaning of section 14B(2) of the Income Tax Ordinance, 1947!), shall be exempt from the compulsory loan in respect of part of his property as follows: - (1) in respect of seven thousand five hundred pounds if he has lost 30 per cent or more, but less than 50 per cent, of his working capacity; (2) in respect of ten thousand pounds if he has lost 50 per cent or more of his working capacity. 53. W The property of a local authority — including the property of a cooperative Exemption of society or other body of persons functioning as a local committee, where such certain bodies and property is used for purposes of local government — the property of the Jewish institutions. Agency for Palestine, the Keren Kayemet Le-Yisrael B.M., the Keren Hayesod B.M., the Palestine Jewish Colonisation Association and the Alliance Israelite Universelle, and the property of institutions approved by the Finance Committee of the Knesset, by notice published in Reshumot, as religious, charitable, educational, cultural, benevolent, or public health institutions, shall be exempt from the compulsory loan. i) P.G. No. 1568 of the 29th March, 1947, Suppl. I, p. 93 (English Edition). 66 (b) The property of organisations, other than institutions under subsection (a), approved by the Finance Committee of the Knesset, by notice published in Reshumot, aB organisations of a public character shall be exempt in respect of two thirds of its value. (c) Exemption under subsection (a) or (b) shall apply only to property not intended to yield profits. Exemption of 54. A person who has transferred property to Israel from abroad and invested it approved undertakings. as. an approved investment within the meaning of the Capital Investments En couragement Law, 5710—19501), or who has acquired property with capital transferred by him to Israel in foreign currency and has invested it as an approved investment as aforesaid, shall be exempt from the compulsory loan in respect of ! '.• ׳ .such property Exemption of 55. A person whose entire property is a single building the value of which does owner of single not exceed 30,000 pounds shall be exempt from the compulsory loan in respect of building. an amount of 5,000 pounds. Exemption of 56. Where a person was the owner of ony property on the 6th Nisan, 5712 (1st owner of property who April, 1952) and transferred the ownership thereof or of part thereof before the 16th made a Sivan, 5712 (9th June, 1952), and he proves to the satisfaction of the Director of compulsory loan under the Loan that the amount of the compulsory loan under the Exchange of Bank the Exchange Notes and Compulsory Loan Law, 5712—19522), leviable on the consideration or on, of Bank Notes and any part thereof received by him in cash or as a credit to his bank account, has Compulsory been collected, he shall be entitled to the deduction of such consideration, or of such Loan Law, 5712—1952. part thereof, as the case may be, from the value of the property. Provisions as a to certain 57• ( ) Where on the 6th Nisan, 5712 (lBt April, 1952) an owner of property debts and owed a debt to a bank within the meaning of the Banking Ordinance, 1941s), or to charges. an institution approved by the Finance Committee of the Knesset, for the purpose of this section, by notice published in Reshumot, and such debt was not on that day secured by a floating or fixed charge, there' shall be deducted from the value of the property half the amount of the debt owed as aforesaid; provided that if on that date the owner of the property had also a balance to his credit at a bank or institu tion as aforesaid, there shall only be deducted half of the' amount by which the debt exceeds such balance. (b) Where any property was charged as security for a debt with a floating or fixed charge created before the 9th-Nisan, 5712 {1st April, 1952), the following provisions shall apply: (1) where the charge was in favour of a bank or institution as specified ( in subsection (a), •the amount of the debt due to Buch Dank or institution shall be deducted from the value of• the property; provided that if on that' date the owner of the property had also a balance to his credit at a bank or institution as aforesaid, there shall only be deducted such part of the amount of the debt as is in excess of such balance; (2) where the charge was not in favour of a bank or institution as afore said, the owner of the property shall have discharged his obligation towards the person to whom he owes the debt if he pays him the amount of the debt due plus the interest, less the amount of the compulsory loan leviable 1 on the amount of the debt; in this case, the person to whom the debt iB due shall, for the purpose of the issue of a receipt for a compulsory loan and for the purpose of the issue of a loan certificate, be deemed to be an 1) Safer Ha-ChuWtim No. 41 of the 19th Nisan, 5710 (6th April, 1950), p. 129. 2) Sefer Ha-ChuUMm No. 105 of the 29th Av, 5712 (20th August, 1952), p. 272; LSI vol. VI, p. 83. s) P.O. No. 1134 of the 9th October, 1941, 8uppl. I, p. 85 (English Edition). 66 owner of property' who haB made a compulsory loan in respect, of the amount of the debt. (c) A person claiming deduction under subsection (a) or Bubsection (b)(1) shall give the Director of the Loan any authorisation or other document required by him for ascertaining whether the owner of the property has indeed balances at a bank or institution as aforesaid, and the amount of such balances. (d) The provisions of subsections (a) and (b) shall not apply to a debt due to the Government (except to the Bank Yisrael Le-Chaklaut (Israel,Agricultural Bank) B.M.) or to the Jewish Agency for Palestine, the Keren Kayemet le-Yisrael B.M., the Keren Hayesod B.M. or the Palestine Jewish Colonisation Association, whether the loan by which such debt was created was given direct by the creditor or through a financial institution or in some other indirect manner, or partly in one way and partly in the other/ PART EIGHT: TAX PAYMENT IN LIEU OP COMPULSORY LOAN 58. An owner of property liable to a compulsory loan may declare in his declara• Declaration of option tion under section 42 that he wishes to make a tax payment in lieu of a compulsory for tax loan (hereinafter: "tax payment") or that he wishes to make a compulsory loan in payment. respect of a part of his property and a tax payment in respect of another part; if ho so declares, such declaration shall bo irrevocable. 59. The amount of the tax payment shall be half of the amount of the compulsory Amount of loan leviable on the property in question. tax payment. gO. In respect of a tax payment and in respect of an owner of property who haB Application of provisions opted for a tax payment, all the provisions relating to a compulsory loan, except the as to provisions of sections 3 to 5, shall apply as if they referred to a tax payment; and compulsory the Director of the Loan shall, for the purposes of a tax payment, have all the loan. powers vested in him for the purposes of a compulsory loan. PART NINE: MISCELLANEOUS 61. (a) A person who fails to Biippiy any declaration, notice or information or to Penalties, comply with a requirement of the Director of the Loan under this Law is liable to a fine not exceeding one thousand pounds. (b) A person who supplies any declaration, notice or information knowing it to be incorrect is liable to imprisonment for a term not exceeding one year or to a fine not exceeding two thousand pounds or to both such penalties. (c) In addition to the penalties prescribed in subsection (a) and (b), the Court may impose a fine of double the amount of the compulsory loan or the tax payment, as the case may be, not imposed or not collected as a result of the offence in question. 62. The validity of a notice given or of any other act done under this Law shall Rectification ' not be impaired by want of form, or by an error, defect or omission therein, o1 errors. including an error as to the name of the owner of the property or as to the assess• ment, if such notice or act is substantially in accordance with this Law, and the Director of the Loan may direct that such error, defect or omission shall be rectified; provided that this right shall lapse upon expiration of one year from the day of the determination of the amount of the compulsory loan. 63. (a) •A person charged with an official duty under, or employed in affairs relating Secrecy, to, this Law shall treat as confidential any information, declaration, notice or document of any other kind which comes to his knowledge or into hiB possession by virtue of such status as aforesaid; such a person shall not be required to produce any 67 of the said things in a court of law, or to reveal any matter of which he learnt in the exercise of his functions, save for the purpose of implementing this Law or in connection with a criminal action for an offence thereunder. (b) A person contravening the provisions of subsection (a) is liable to im• prisonment for a term not exceeding one year or to a fine not exceeding one thousand pounds or to both such penalties. Inapplic• ability. 64. This Law shall not apply to the property of foreign states or their represen• tations or to the property of the United Nations. Implementa• 65. The Minister of Finance is charged with the implementation of this Law and tion and regulations. may make regulations as to any matter relating to such implementation. / (b) The Minister of Finance may delegate his powers under this Law, except the power to appoint the Director of the Loan and the power to make regulations. PAST TEN: SPECIAL PROVISIONS Variation of 66. W On or as near as possible to the 4th Tishri, 5715 (1st October, 1954), tne rate of loan. Minister of Finance shall publish in Reshumot a notice of the estimated total of the compulsory loan imposed by this Law, and if it appears that the estimate, is by not less than five per cent in excess or Bhort of forty five million pounds, the rates of the compulsory loan specified in section 36 shall be reduced or increased, either generally or in respect of particular classes of property, so as to ensure collection of an amount of approximately forty-five million pounds. (b) In the case mentioned in subsection (a), the increased or reduced rates, and the arrangements for the payment or refund of the balance, as the case may be, shall be prescribed by the Minister of Finance by regulations with the approval of the Finance Committee of the Knesset. (c) In making the abovementioned estimate, any amount paid as a tax pay• ment under Part Eight shall be deemed to be twice such amount. DAVID BEN-GURION LEVIESHKOL Prime Minister Minister of Finance VITZCHAK BEN-ZVI President of the State No. 30 COMPANY PROFITS TAX ORDINANCE (AMENDMENT) LAW, 5713—1953* Interpreta- 1. In this Law, every term shall have the same meaning as in the Company tion. Profits Tax Ordinance, 19471), hereinafter referred to as "the Ordinance", and this Law shall! be read as one with the Ordinance unless the context otherwise requires. * Passed by the Knesset on the 8th Nisan, 5713 (24th March, 1953) and published in Sefer Ha-Chukkim No. 123 of the 18th Nisan, 5713 (3rd April, 1953), p. .84: the Bill and an Explanatory Note were published in Hatea'ot Chok No. 140 of the 1st Kislev, 5713 (19th November, 1952), p. 22. l) p.G. No. 1568 of the 20th March, 1947,. Suppl. I, p. 75 (English Edition). 68 2, Section 4 of the Ordinance shall be amended by replacing subsection (3) Amendment with the following• subsection: of seçtièt| 4. "(3) The Minister of Finance may publish a list of companies specifying the amount t>f the profits chargeable with company profits tax of each of them as stated in a return made by it and/or as determined by the Assessing Officer or, in an appeal under section 30, by the Court; and upon his doing so, any person may inspect Buch list at such place and time as shall be prescribed; however, where it appears from a list of companies as aforesaid that it relates to a particular class of companies or economic sector, it shall not be published unless it includes all the companies in that class or sector assessed for accounting periods ending within the financial year in question.". 3, Section 5 of the Ordinance shall be amended by replacing all the words Amendment following the words "a tax (to be called "company profits tax")" with the words of sections. "at the rate of 250 prutofc per pound of such profits". 4, Section 6 of the Ordinance shall be amended as follows: Amendment of seotion '61^, (a) in subsection (1) — \ (1) the following paragraph shall be added after paragraph (a): "(aa) the profits Bhall not include capital profits charged with\ income tax at a rate of not more than 25 per cent under section 5A (9) of the Income, Tax Ordinance, 19471);"; (2) paragraphs (c) and (t) shall be repealed; (6) in subsection (3), the words "in which the chargeable accounting period shall be replaced by the words "immediately following ״of the company cndB the year of assessment in which the chargeable accounting period of the company ends". 5_ Section 8 of the Ordinance shall be replaced by the following Bections; Replacement of section 8. "Exemption 8_ The Minister of Finance may exempt from company profits in respect tax, wholly or in part, profits received or obtained by the export or of exports. the financing of the export of goods or from a business part of the activities of which iB such export or financing. Exemption 8A. Profits the assessment of which for the purposes of the of oertain cooperative Income Tax Ordinance, 1947, is made under the special pro- societies. . visions of section 19A, 19B, or 19C of that Ordinance are exempt from company profits tax.". Addition of ׳ :g. The following section shall be added after section 12 Beotion .1?.* , "Deduotion 12A. (a) A person who pays any profits whatsoever to a non of and accounting resident company, or to another person for such a company, shall, for tax on at the time/of payment, deduct from such profits tax at the rate profits paid to of 250 prutot per pound or at such other rate as the Assessing non-resident Officer may by notice in writing prescribe; provided that the company. Assessing Officer may permit the profits to be paid without deduc tion of tax if it is proved to his satisfaction that the tax has already been paid or that it will be paid in some other manner. (b) Where a person has deducted tax under subsection (a), he shall forthwith remit the amount deducted to the Assessing Officer and shall render to him an account indicating the name and address of the company to or for which the profits have been paid. l) P.O. No. 1568 of the 20th Maroh, 1947, Suppl. I, p. 93 (English Edition). 69 (c) For the purposes of collection, the amount of the deduc- , tion shall be set off against the tax charged to the company which received the sai'd profits. i (d) Where a person bound to deduct tax under the provisions of this section fails to do so, or fails to render an account in accordance with Bubsection (b), or renders such an account, but the Assessing Officer has reasonable grounds for believing that it is incorrect, the Assessing Officer may, to the best of his judgment,' assess the amount of tax which that person should have deducted; but such an assessment shall not relieve that person from any , , other responsibility under this Ordinance. An assessment under / this section shall, in reBpect of a company, have the effect of an assessment under section 25, and in respect of any other person, the effect of an assessment under section 55 of the Income Tax Ordinance, 1947. (e) The provisions of this section shall not apply to a person responsible for the payment of tax on the said profitB under section 11." Replacement 7 Section 16 shall be replaced by the following section: of motion 16. • "Duty to Jg_ (1) ®very company shall make to the Assessing Officer, return. not '^ater tnan tbe ^Ist August of every year, a return of the profits accrued to it during the chargeable accounting period ended, on whatever date, between the 1st of April of the preceding year and the 31st of March of the same year; such return shall specify all the particulars required for the purposes of this Ordinance in respect of those profits. (2) Notwithstanding tho provision of subsection (1), the Assessing , . Officer may require a company, by notice in writing, to make the said return before the 31st of August referred to in subsection (1), but not before the expiration of 30 days from, the day of service of the notice. (3) The Assessing Officer, if it is proved to his satisfaction that there is a sufficient reason for BO doing, may extend the time prescribed in subsection (1) or under subsection (2), as the case may be, for the making of the return until a date to be fixed by. him, provided that the company — (o) makes within the time referred to in subsection (1) or (2), as the case may be, a provisional return of itB said profits, compiled to the best of its judgment; (b) pays on any excess of the amount of company profits tax to which it is liable in respect of the chargeable account ing period iu question over the amount of tax to which it is liable according to the provisional return, interest at the ־ -rate of 6 ,.sr cent per annum in respect of the period of post • \ ponement. (4) Where a co.npany fails to make a return within the time prescribed in subsection (1) or under subsection (2), or within such other time as may have been prescribed in the case of post ponement, there shall be added to the amount of company profits tax to which it is liable in respect of the chargeable accounting period in question a fine of 1 per cent of the said amount in respect of the first month of delay in making the return, and of 3 cent of the said amount in respect of every additional month ־pe ״•• ־ 70 of delay; provided that the total amount of the fine shall not be less than 10 pounds. (5) Payment of a fine under this section shall not affect the cri minal liability of the company under this Ordinance.". 8_ The following section shall be added after section 18: Addition of section 18A. "Prohibition 18A. (1) The Commissioner may issue directions prohibiting, ־ of appearance for such peribd as he may determine, the appearance of a perBon as represent as the.representative of a\Company if in his opinion such person ative. is guilty of~misconduct as toXany matter relating to this Ordinance, but a direction under this subsection shall not be issued before the person in question has been given an opportunity to be heard before the Commissioner; a person whose appearance has been prohibited as aforesaid may, within 30 days from the day of issue of the direction, appeal to a committee appointed by the Minister of Finance by notice published in Reshumot. (2) The Commissioner shall not prohibit the appearance of an employee of the company of the appearance of an advocate or a person capable of being • appointed auditor of a company under section 105 (4^ ,of the Companies Ordinance1) or of auditing the books of a cooperative society under section 20 of the Cooperative Societies Ordinance2).". 9, Section 25 of the Ordinance shall be amended as follows: Amendment of section 25. In paragraph (c) of subsection (2), the words "and make a provisional assess ment" Bhall be replaced by the words "and require payment of the tax due", and th.? following words Bhall be added at the end: "and a requirement to pay as aforesaid shall have the effect of a notice of assessment under section 29 (1)". 10. The following section shall be added after section 25: Addition of section 25A. "Appointment 25A. 0) The •Minister of Finance may appoint a committee, of committee. eithen generally or in respect of a particular area or class of com panies, to advise the Assessing Officer in the exercise of his powers under sections 25(2) (!>), 25(3) and 29; in appointing a committee as aforesaid, the Minister of Finance shall have regard to different circles existing within the community. (2) Notice of the appointment of a committee shall be pub lished in Reshumot. (3) The members of a committee shall not be State em ployees or employees of a municipal corporation or local council. (4) Save.as provided in section 4, no part of the proceedings of a committee nor any material passed to one of its members by reason of his membership in the committee may be published. . 11 _ Section 26 of the Ordinance shall be amended as follows: amendment of seotion 26. The words "within four years after the expiration of the chargeable accounting period on his own motion" shall be replaced by the words "on his. own motion or on the application of the company, within seven years after the chargeable ac counting period or, if the company has done any of the things specified in section 43 in any matter relating to that chargeable accounting period, within fifteen years". Laws of Paleestine vol. I, cap. 22, p. 161 (English Edition). 2) Laws of Palestine vol. I, cap. 24, p. 360 (English Edition). 71 Repeal of 12. Section 28 of the Ordinance shall be repealed. section 28. Replacement 13. Sections 32 and 33 of the Ordinance shall be replaced by the following sections of sections 32 and 33. "Payment of 32. (1) Every company shall pay on the 10th of June, the 10th advance on of September, the 10th of December and the 10th of March of every account of tax. year, on account of the tax for the chargeable accounting period in which the date of payment falls, an advance of an amount equal to 25 per cent of the amount of the company profits tax for the last chargeable accounting period in respect of which it became liable to company profits tax under section 25(2), 25(3), 29(4) or 29(5) or, in the case of an appeal, under section 30. (2) The Assessing Officer may. exempt a 'company from pay ment of the whole or a. part of an advance under subsection (1) if it is proved to his satisfaction that its profits during the chargeable accounting period in which the advance is payable will be less than the profits in respect of which it last became liable to company profits tax as aforesaid. Procedure foT 33. (1) Every company shall,' at the time of making a return' payment under section .16(1) or (2) or a- provisional return under section of tax. 16(3), pay the company profits tax due from it under such return. (2) A company on which a notice of assessment has been served under section 29(1) shall pay'the company profits tax due under such notice not later than 30 days from the day of service thereof (hereinafter: "the date for payment of the tax"), unless it has filed a notice of objection under section 29(2). (3) A company which files a notice of objection Bhall pay by the date for payment of the tax the amount not in dispute, and the balance of company profits tax as determined under section 29(4) or 29(5), if any, not later than 30 days from the day of scrviceof the notice or order under such section (hereinafter: "the second date"), unless it has iiled an appeal under section 30. (4) A company which files an appeal under section' 30 shall pay by the Becond date the amount no longer in dispute, and the balance of company profits tax as determined under section 30(6), if any, within 15 days from the day .of Bervice of the decision of the Court under that section. (5) Where, in an appeal under Bection 30(7), the Supreme Court varies the amount of company profits tax, the following provisions shall apply: (a) if the company haB paid top much, the excess shall be refunded, with interest as the Court may prescribe; \b) if the company has paid too little, the balance shall be ,15days from the day of service of the,judgment׳ paid within with interest as the Court may prescribe. (6) On a balance under subsection (3) or (4), the company shall pay interest at the rate of 6 per cent per annum for tha period beginning at the date for payment'of the tax; provided that the total amount of interest on any balance shall not exceed four and a half per cent of the amount of such balance. (7) The Assessing Officer may, on sufficient reason being given, extend the time prescribed in this section for the payment of company profits tax, in respect of the whole or any part of such tax, to such period as he may think fit; where he does so, the 72 company shall pay interest at the rate of 6 per cent per annum in respect of the period of postponement.". 14. Section 31 of the Ordinance shall be amended as follows: Amendment of section 34. (a) in subsection (1) — (1) the words "If any company profits tax is not paid within the period prescribed in section 33" shall be replaced by the words "ii a company does not pay an amount payable by it under this Ordinance within the the time fixed for the payment thereof"; (2) paragraph (a) shall be replaced by the following paragraph: "(a) there shall be added to it a fine of an amount equal to two and a half per cent of the overdue amount in respect of the first month of delay, and three per cent of such amount in respect of every subsequent month of delay;"; (b) subsection (2) shall be repealed. 15. Section 35 of the Ordinance shall be replaced by the following section: Replacement of section 35. "Power of 35. The Commissioner may reduce the rate of interest under Commissioner section 16 or 33, or the amount of a fine under section 16 or 81, to reduce interest or or may waive the interest or fine altogether, if it is proved ,to his fine. satisfaction that the delay which entailed liability to pay the in• terest or fine was not due to any act or omission dependent on the will of the assessee.". lg_ The following Bection shall be added after section 39A of the Ordinance: Addition of section 39B. "Double 39B. CO 1° respect of such profits of a company• in Israel as taxation have their source outside Israel and are charged in the area of relief. their source with company profits tax or a tax similar to it in character, the Minister of Finance may, by order, grant double, taxation relief by exemption from the whole or a part of the tax. as may be specified in the order. (a) The provisions of this section shall add to, and not derogate from, the powers conferred by section 39. 17_ Section 40 of the Ordinance shalf be amended by replacing the words "to Amendment of seotion 40. a line of fifty pounds" with the words "to a fine of two hundred pounds". 18_ Section 41 of the Ordinance shall be amended as follows: Amendment of seotion 41. (a) the words "to a fine of fifty pounds", shall be replaced by the words "to a fine of two hundred pounds"; (b) the words "and a further fine of five hundred mils for every day" shall be replaced by the words "and a fine of two pounds for every day". 19. Section 42 of the Ordinance shall be amended BB follows: Amendment of section 42. (a) in subsection (1), the words "to a fine of one hundred pounds" shall be replaced by the words "to a fine of three hundred pounds"; (b) in subsection (3), the words "the Assessing Officer" shall be replaced by the words "the Commissioner". 20 Section 43 of the Ordinance shall be amended as follows: Amendment **v' of section 43. (a) in subsection (1), the words "to a fine of two hundred pounds" shall be replaced by the words "to a fine of one thousand pounds"; 73 (b) in subsection (2), the words "the Assessing Officer" shall be replaced by the words "the Commissioner". 21. Notwithstanding anything contained in subsection 21 or section 10 of the Company Profits Tax Ordinance (Amendment) Law, 5709—1949!) — (1) where an appeal against an assessment for a chargeable accounting period ended before the 21st Adar Bet, 5708 (1st April, 1948) was made to the District Court before the day of. the coming into force of this Law and, but for the • provisions of section 10 of the Company Profits Tax Ordinance (Amendment) Law, 5709—1949, it would have been regarded as validly made, and no judgment ' was given in it by that day, it shall be heard by the District Court, which shall deal with it in accordance with the provisions of the Ordinance from the stage which the proceedings had reached.by the day of the coming into force of this Law; (2) where an appeal against an assessment as specified in paragraph (1) was made to a Judge of the Supreme Court before the day of .the• coming into force of this Law, and no judgment was given in it by that day, it shall be referred to the District Court competent under section 30 of the Ordinance, which shall deal with it in accordance with the provisions of the Ordinance from the stage which the proceedings had reached by the day of the coming into force of this Law.' (3) where an appeal against an assessment as specified in paragraph (1) is made after the day of the coming into force of this Law, it shall be made to the District Court competent under section 30 of the Ordinance.. 22. The provisions of sections 3• to 5 shall apply to any chargeable accounting period ended on any date whatsoever between the 24th Adar Bet, 5711 (lstsApril, 1951) and the Sth.Nisan, 5712 (31st March, 1952) and on any chargeable accounting period ended or ending later; provided that no company profits tax shall be levied on profits which are chargeable income under section 5A of the Income Tax Ordinance, 1947, 'and which were obtained before the 4th Kislev, 5712 (3rd December, 1951), and that a loss from the sale of property as specified in section 5A(12J of that Ordinance, sustained before the said date, shall not be taken into account. DAVID BEN-GÜEION LEVIESHKOL Prime Minister Minister of Finance YITZCHAK BEN-ZVI President of the State l) Sefer lia-Chuhkim No. 21 of the 10th Elul, 5709 (4th September, 1949), p. 160. 74 No. 31 EMERGENCY REGULATIONS (DEFENCE (FINANCE) REGULATIONS (AMENDMENT)) (EXTENSION OF VALIDITY) LAW, 5713—1953* 1, The validity of the Emergency Regulations (Defence (Finance) Regulations Extension of •3־ult״Amendment)), 5711,-1951!), is hereby extended until the 20th Elul, C713 (31st vtt) August, 1953). 2. This Low shall come into force on the 15th Iyar, 5713 (30th April, 1953). Commence ment. VI ESIIKOL־DAVID BEN-GURION LE Prime Minister Minister of Finance YITZCHAK BEN-ZVI President of the State No. 32 STATE GUARANTEES (AMENDMENT) LAW, 5713—1053»* - 1. The State Guarantees Law, 5710—19502), shall be amended as follows: Amendment In sections 1(a), 2 and 4, the words "in each of the financial years 1950/51, oC Law• 1951/52 and 1952/53" shall be replaced by the words "in each of the financial years 1950/51, 1951/52,1952/53 and 1953/54". 2. ThiB Law shall come into force on the 16th Nioau, 5710 (1st April, 1953). ¿^5,™**"°°" DAVID BEN-GUBION LEVI ESHKOL Prime Minister Minister of Finance YITZCHAK BEN-ZVI President of the State * Passed by the Knesset on the 10th Nisan, 5713 (26th March, 1953) and published in Sefer Ha-Chukkim No. 123 of the 18th Nisan, 5713 (3rd April, 1953), p. 90; the Bill and an Explanatory Hote were published in HaUa'ot Chok No. 156 of ׳ .the 18tli Adar, 5713 (5th March, 1953), p. :1.46 !) Sefer Ha-Chukkim No. 101 of the 14th Tammuz, 5712 (7th July, 1952), p. 256; LSI vol. VI, p. 74. •* Passed by the Kuessef on the 10th Nisan, 5713 (26th March, 1953) and published in Sefer Ha-Chukkim No. 123 of the 18th Nisan, 5713 (3rd April, 1953), p. 90; the Bill and an Explanatory Note were published in Hatea'ot Chok No. 116 of the 24th Iyar, 5712 (19th May, 1952), p. 221. 2) Sefer Ha-Chukkim No. 58 of the 5th Elul, 5710 (18th August, 1950), p. 306. 75 No. 33 BRITISH SECURITIES LAW, 5713^-1953* Interpreta• 1, In this Law, "British securities" means securities transferred to the Minister tion. of Finance under any of the orders enumerated in the Schedule to this Law (herein• after "the orders"). Price of 2. (a) Notwithstanding anything contained in the orders, the owners of British British securities shall be paid a price equal to two hundred and eighty per cent of the securities. amount stated in the schedules to the orders opposite the description of the secu• rity in question. (b) A person who, before the coming into force of this Law, was paid for British securities the price prescribed in the orders, shall be paid the difference between such price and the price prescribed in subsection (a). For the purpose of this subsection, it shall be immaterial whether he "received the price in cash or in lieu thereof acquired dcllar bonds under the Dollar Bonds Law, 5711—19511). Mode-of 3. (a) The price under section 2(a) or the-difference in price under section 2(b) payment shall be paid in bonds issued under section i. of price. (b) Balances short of the minimum face value prescribed for the bonds under section 4(7) shall be paid in cash. Issue, 4. The Government is hereby authorised to issue bonds for the payment of the redemption and other amounts due to owners of British securities under section 2, on the following terms: terms of (1) the bonds shall bear interest at the rate of three and a half per cent per bonds. annum; the interest shall be exempt from income tax and company profits tax; (2) the dater of redemption of the bonds and the dates of payment of the interest, and the modes of redemption of the bonds — by the drawing of lots,. by acquisition in the open market, by permitting the use thereof for the payment of Government taxes, or partly by one method and partly by another — shall be prescribed by the Minister of Finance by regulations; provided that redemption shall begin hot later than the 16th Iyar, 5713 (1st May, 1953) and be completed not later than the 1st Sivan, 5717 (31st. May, 1957); (3) the principal and interest of the bonds and all expenses incidental to the implementation of this Law shall be paid out of the revenues and assets of the State; (4) the bonds shall bear the facsimile signatures of the Minister of Finance and the Accountant General; (5) the bonds shall be transferable by delivery; , (6) the bonds shall be exempt from stamp duty; (7) the face value, form, text, marking and other terms of the bonds, in so far as not prescribed in this section, shall be prescribed by the Minister of Finance by regulations. Passed by the Knesset on the 10th Nisan, 5713 (26th March, 1953) and published in Sc/er Ha-Chukkim No. 123 of the 18th •Nisan, 5713 (3rd April, 1953), p. 90; the Bill and an Explanatory Note were published in Hatza'ot Chok No. 156 of the 18th Adar, 5713 (5th March, 1953), p. 142. Sefer Ha-Chukkim No. 70 of the 7th Adar, 5711 (15th March, 1951), p. 71; LSI vol. V, p. 64. 76 Power to 5. The Minister of Finance may, with the approval of the Finance Committee order application of the Knesset, order that all or any of the provisions of this Law shall apply also of Law. ti securities transferred to him after the coming into force of this Law under an order pursuant to regulation 7(b) of the Defence (Finance) Régulations, 1941!). Implementa• g. The Minister of Finance is charged with the implementation of this Law and tion and regulations. may make regulations as to any matter relating to such implementation. SCHEDULE (section 1) 1. Defence (Finance) (Transfer of Securities) Order, 6712—19512); 2. Defence (Finance) (Transfer of Securities) (No. 2) Order, 5712—19518);' 3. Defence (Finance) (Transfer of Securities) (No. 3) Order, 5712—1951*) ; 4 Defence (Finance) (Transfer of Securities') (No. 4) Order, 5712—19523) ; 5 Defence (Finance) (Transfer of Securities) (No. 5), Order, 5712—1952«) ; 6.. Defence (Finance) (Transfer of Securities) (No. 6) Order, 5712—19527) ; 7. Defence (Finance) (Transfer of Securities) (No. 7) Order, 5712—1952«) ; • 8 Defence (Finance) (Transfer of Securities) (No. 8) Order, 5712—1952») ;' 9. Defence (Finance) (Transfer of Securities) (No. 9) Order, 5712—1952") ; 10. Defence (Finance) (Transfer of Securities) (No. 10) Order, 5712—1952"). DAVID BEN-GURION LEVI ESHKOL Prime Minister Minister of Finance YITZCHAK BEN-ZVI • President of the State 1) P.O. No. 1138 of the 6th November, 1941, Suppl. II, p. 1647 (English Edition). 2) KoveU Ha-Takkanot No. 216 of the 7th Cheshvan, 5712 (6th November. 1951). p. 146. 8) KoveU Ha-Takkanot No. 218 of the 12th Cheshvan, 5712 (11th November, 1951), p. 174. «) KoveU Ha-Takkanot No. 220 of the 16th Cheshvan, 5712 (15th November, 1951), p. 198. 5) KoveU Ha-Takkanot No. 222 of the 27th Cheshvan, 5712 (26th November, 1951). p. 236. e) KoveU Ha-Takkanot No. 231 of the 9th Tevet, 5712 (7th January 1952), p. 388. 7) KoieU Ha-Takkanot No. 236 of the 15th Tevet, 5712 (13th January 1952), p. 404. 8) KoveU Ha-Takkanot No. 239 of the 23rd Tevet, 5712 (21st January 1952), p. 438. 9) KoveU Ha-Takkanot No. 249 of the 7th Adar, 5712 (4th March, 1952), p. 560. 10) Kovote Ha-Takkanot No. 257 of the 12th Nisan, 5712 (7th April, 1952), p. 722. 11) KoveU Ha-Takkanot No. 267 of the 13th Iyar, 5712 (8th May, 1952), p. 821. 77 No. 34 PRESIDENT CHAIM WEIZMANN (PENSION AND ESTATE) LAW, 6713—1953* Pension to J, Vera Weizmann, widow of the late President' of the State, Chaim Weizmann, President's widow. shall be paid a pension by the Treasury for life. Amount and 2. The pension shall always be equal to the salary of a member of the Govern• time of payment of ment and shall be paid at the same timo as the salaries of the member's of the pension. Government are paid. Exemption 3, The pension shall be exempt from Government taxes. from tax. Exemption . 4. The estate of the late President of the State, Chaim Weizmann, shall be from estate duty. exempt from estate duty. Implementa• 5, The Minister of Finance is charged with the implementation of this Law. tion. DAVID BEN-GURION LEVIESHKOL Prime Minister Minister of Finance YITZCHAK BEN-ZVT President of the State No. 35 BANKRUPTCY ORDINANCE (AMENDMENT) LAW, 5713—1953** Interprota• 2. In this Law, every term shall have the same meaning as it has in the Bonk- tion. ruptcy Ordinance, 1936!) (hereinafter: "the Ordinance"), and this. Law shall be read as one with the Ordinance unless the context otherwise requires. Amendments 2. Section 33 of the Ordinance shall be amended by replacing paragraphs (b) and Ordinance. (c) of subsection (1) with the following paragraphs: "(b) all wages or salary of any clerk in respect of services rendsred to the bankrupt during six months next before the bankruptcy petition, whether or not earned, wholly or in part, by way of commission (hereinafter: "salary"); provided that the total amount payable with priority shall not in respect of the whole period exceed 900 pounds and shall not in respect of any month of service exceed 150 pounds or the amount by which 150 pounds exceed such part of the Balary of that month as was duly paid before the date of the receiving order, whichever is the Emaller amount; (c) all wage3, whether payable for time or for piece work, of any labourer in respect of services rendered to the bankrupt during six months next before the bankruptcy petition (hereinafter: "wages"); provided that the total amount payable with priority shall not in respect of the whole period exceed 900 Passed by tho Knesset on the 12th Sivan, 5713 (26tb May 1953) and published in Sefer Ua-Chukkim No. 124 of the 22nd Sivan, 5713 (5th June, 1953), p. 94; tho Bill and an Explanatory Note weTe published in HaUa'ot Chok No. 141 of the 6th Kislev, 5713 (24th November, 1952) p. 50. Passed by the Knesset on the 12th Bivan, 5713 (26th May, 1953) and published in Sefer Ha-Chukkim No. 124 of the 22nd Sivan, 5713 (5th Juno, 1953), p. 94; the Bill and an Explanatory Note were published in Hatea'ot Chok No. 154 of the •9th Adar, 5713 (24th Tebruary, 1955), p. 125. P.G. No. 566 of the 24th January, 1936,. Suppl. I, p. 21 (English Edition). 78 pounds and shall not in respect of any month of service exceed 150 pounds or the amount by which 150 pounds exceed such part of the wages of that month as was duly paid before the dote of the receiving order, whichever is the smaller amount;". ,This Low shall not apply to a bankruptcy where the receiving order was Application 3־ made before the coming into force of this Law. DAVID BEN-GUKION PTNCHAS BOSBN Prime Minister Minister of Justice YITZCHAK BEN-ZVI President of the State- No. 36 COMPANIES ORDINANCE (AMENDMENT) LAW, 5713—1953* In this Law. every term shall have the same moaning as it has in the Interpreta 1־ Companies Ordinance, 1936!) (hereinafter: "the Ordinance"), and this Law Bhall tion. be read as one with the Ordinance unless the context otherwise requires. 2, Section 220A of the Ordinance shall be amended by replacing paragraphs Amendment of Ordinance. (b) and (c) of subsection (1) with the following paragraphs: "(b) all wages or Balary of any clerk in respect of services rendered to the company during six months next before the relevant date, whether or not ;(''salary :׳ei׳earned wholly or in part by way of commission (hereinafl provided that the total amount payable with priority shall not in .respect of the whole period exceed 900 pounds and shall not in respect of any month of service exceed 150 pounds or the amount by which 150 pounds exceed such part of the salary of that month as was duly paid before the relevant date, whichever is the smaller amount; (c) all wages, whether payable for time or for piece work, of any labourer in respect of services to the company during six months next; before the relevant date (hereinafter: "wages"); provided that the total amount payable with priority shall not in respect of the whole period exceed 900 pounds and shall not in respect of any month of service exceed 150 pounds or the amount by which 150 pounds exceed such part of the wages of that month as was duly paid before the relevant date, whichever the smaller amount;". 3 This Law shall not apply to the winding-up of a company where tho relevant Application. date, within the meaning of section 220A of the Ordinance, was prior to the coming into force of this Law. DAVID BEN-GUBION PINCHAS BOSEN Prime Minister Minister of Justice YITZCHAK BEN-ZVI President of the State * Passed by the Knesset on the 12th Sivan, 5713 (26th May, 1953) and published in Sefer Ha-Chukkim No. 124 ot the 22nd Sivan, 5713 (5th June, 1953), p. 95; the Bill and an Explanatory Note were published in Hatsa'ot Chok No. 154 of the 9th Adar, 5713 (24th February, 1953), p. 125. l) Laws of Palestine vol. I, cap. 22, p. 161 (English Edition); P.G. No 902 of the 6th July, 1939, Suppl. I, p. 41 (English Edition). 79 No. 37 RABBINICAL COURTS (VALIDATION OF APPOINTMENTS) (AMENDMENT) LAW, 5713-1053* Amendment 1. Section 2 of the .Rabbinical Courts (Validation ,of Appointments) Law, 5712— of Law. 1952!), is hereby repealed. DAVID BEN-GUBION MOSHE SHAPIBA Prime Minister Minister of Religious Affairs ־ VITZCHAK BEN-ZVI President of the State No. 33 SÜftVEY ORDINANCE (AMENDMENT) LAW, 5713--1953** Amendment 1. The Survey Ordinance2) Bhall' be amended by deleting the words "for registra- of Ordinance. ^on pUrp0ses "in paragraphs (6) and (c) of section 7. DAVID BEN-GUBION PINCHAS LA VON Prime Minister Acting Minister of Labour YH'ZCHAIC BEN-ZVI President of the State No. 39 INCOME TAX ADVANCE LAW, 5713—1953*** Inter- ,J, In this Law — pretation. "the Ordinance" means the Income Tax Ordinance, 19472); "income" means the chargeable income — prior to deductions under sections 14 and 15B of the Ordinance and without exemptions under section 8(m) or (n) thereof — which a person had during the period of one year ended the 16th Nisan, 6713 (31st March, 1953) or during any other period of twelve months ended in that year and authorised by the Assessing Officer for the computation of income under section 7 of the Ordinance; * Passed by the Knesset on the 26th Sivan, 5713 (9th June, 1953) and published in Sefer Ha-Chukkim No. 125 of the 6th Tamrauz, 5713 (19th June, 1953), p. 98: the Bill and an Explanatory Note were published in Hatza'ot Chok No. 163 of the 27th Iyar, 5713 (12th May, 1953), p. 187. 1) Sefer Ha-Chukkim No. 100 of the 2nd Tammuz, 5712 (25th June, 1952), p. 242; LSI vol. VI, p. 62. ** Passed by the Knesset on the 26th Sivan. 5713 (9th June, 1953) and published in Sefer Ha-Chukkim No. 125 of the 6th Tammuz, 5713 (19th June, 1953), p. 98; the Bill and an Explanatory Note were published in Hatsa'ot Chok No. 135 of the 26th Av, 5712 (17th August, 1952), p. 343. 2) Laws of Palestine vol. II, oap. 136, p. 1393 (English Edition). *** Passed by the Knesset on the 26th Sivan, 5713 (9th June, 1953) and published in Sefer Ha-Chukkim No. 125 of the 6th Tammuz, 5713 (19th June, 1953), p. 99; the Bill and an Explanatory Note were published in Hatsa'ot Chok No. 164 of the 1th Sivan, 5713 (25th May, 1953), p. 201. 2) P.O. No. 1568 of the 29th Maroh, 1947, Suppl. I, p. 93 (English Edition). 80 "salary" means income chargeable under paragraph (b) or (e) of section 6 of the Ordinance; "employee" means a person at least 75 per cent of whose chargeable income is salary; "employer" means a person who pays salary, whether himself or through others, and whether on his own behalf or on behalf of another person; "the Director" means the person whom the Minister of Finance has appointed to be Director for the purpose of this Law, and includes a person whom the Director has authorised to act on his behalf. Every other term has the same meaning as in the Ordinance, unless the con text otherwise requires. 2. Every person, other than a company, Bhall pay an advance on the tax (herein- ^dvancV1"1^ after: "advance"), as specified hereunder: Amount of income Amount of advance in IL. «11 IIJ (1) up to 1500 15 (2) 1500 — 1800 25 (3) 1800 — 2400 50 (4) 2400 — 3000 75 (5) 300O — 3300 100 (C) 3300 — 3600 125 (7) 3600 — 3D00 150 (8) 3'JOO — 4200 175 (,J) 4200 — 4500 200 (10) 4600 — 4800 . 250 300 100־5 — 4800 (11) (12) 5100 — 5100 350 (13) 5100 — 5700 400 (14) 5700 — 6000 450 (15) 6000 — 0300 500 (18) 6300 — 6000 650 (17) 6600 — 6900 600 (18) 6900 or over 650 However, a person who at the date of the declaration under section 3 is married or has a child under 18 years of age or is the sole supporter of his parents shall be exempt from, payment of the advance if his income does not exceed IL 1,500. (b) Where a married woman living with her husband has an income through her personal efforts in any trade, business, profession or vocation, or from wages, such income shall, notwithstanding section 23(1) of the Ordinance, be regarded as her income, but the closing paragraph of subsection (a) of this section shall apply neither to her nor to her husband. (c) A person whose income exceeds by less than IL 15 the maximum amount fixed in paragraph (1) of subsection (a), or by less than' IL 25 the maximum amount fixed in any of the paragraphs (2) to (8) thereof, or by less than IL 50 the maximum amount fixed in any of the paragraphs (9) to (17) thereof, shall, notwithstanding subsection (a), be liable to an advance of the same amount to which he would be liable if his income did not exceed such maximum amount. (d) A company shall pay an advance equivalent to 6 per cent of its income. 81 Duty to 3. Every person,' other than an employee, shall deliver to the Director, not declare. later than the 18th Tainmuz, 5713 (1st• July, 1953), a declaration signed by him in the form prescribed by the Director, specifying the amount of the advance to which he is liable under this Law; an employee shall deliver a declaration as aforesaid to the director not later than the 12th Tammuz, 5713 (25th June, 1953). Daly of 4. Every employee shall deliver to his employer, not later than the 12th Tammuz, •raployee to deliver copy. 5713 (25th June, 1953), and the employer shall require the employee to deliver to him, one copy of the declaration which the employee has delivered to the Director; where the employee has changed his place of employment during the financial year 1953/54, he. Bhall deliver the copy of the declaration to his new employer, and the new employer shall require the employee to deliver the copy to him. Payment of 5. Every person, other than an employee, shall pay to the Director at each of advance. the dates specified hereunder one fourth of the amount of the advance to which he is liable: 18th Tammuz, 5713 (1st July, 1953) 21st Elul, 5713 (1st September, 1953) 23rd Cheshvan, 5714 (1st November, 1953) 26th Tevet, 5714 (1st January, 1954). Deductions 6_ (a) Every employer shall deduct from the salary of an employee for each of from employee's' the ten months from June, 1953, to March, 1954, an amount equal to one tenth of the •alary. amount of the advance to which the employee is liable under this Law; where an employee has not delivered to his employer a copy of a declaration as provided in section 4, the employer shall deduct IL 25, monthly from the salary on account of the advance. (b) Every employer shall pay to the Director, within seven days after pay• ment of salary to his employees, the total of the amounts of advance to be deducted by him in respect of such employees, together with a list in the form prescribed by the Director. Changes in 7. (a) Where a person becomes an employee after the 12th Tammuz, 5713 (25th the status June, 1953), he Bhall, within seven days from the day on which he becomes an of a person liable. employee, deliver to his employer a copy of the declaration referred to in section 3, and the employer shall deduct from the employee's salary, in equal monthly in• stalments, the amounts of advance which fall due under section 5 after the day on which the employee began to work with him. (b) A person who ceaseB to be an employee after the 12th Tammuz, 5718 (25th June, 1953) Bhall pay the amount of advance not deducted from bis salary, in equal instalments, at such of the dates specified in section 5 as are subsequent to the day on which ceased to be an employee. Determining 8_ (a) Where a person has not delivered a declaration under section 3, or has amount of delivered Buch a declaration, but the Director has reasonable grounds for assuming advance. that it is incorrect, the Director may, to the best of his judgment, determine the amount of the advance to which such a person is liable under this Law, and shall then give him notice accordingly and — in the case of an employee — send a copy of the notice to his employer; however, where the income of such a person has already been assessed under section 55(2) (a) or (b) of the Ordinance, the assess• ment shall be followed. (b) Where an employer has not paid to the Director the amounts of advance as provided in Bection 6(b), the Director may, to the best of his judgment, determine the amount of advance which such employer was bound to pay, and shall then give him notice accordingly. 82 (c) A determination under this section does not relieve a person from any other liability under this Law. 9. (a) Any person, other than an employee, who has received from the Director Payment alter deter• notice of a determination under section 8(a) shall pay to the Director, within three mination. days from the day on which the notice is served on him, the amounts of advance already due for payment under section 6, or the difiérenos between the instalments of the advance which he has paid under his declaration and the instalments which he was bound to pay at the dates in question according to the determination, as the case may be. ! (b) An employer who has received a copy of notice of a determination given to ah employee under section 8(a) shall deduct from the salary of such employee paid next after the day of service of the copy the amounts of advance which he was bound to deduct by that day according to the determination, but ha3 not deducted. 1Q. (a) A person on whom notice of a determination under section'8 has been Objection. served may, within seven days from the day of service and after he has paid what was due from him on account of the advance under section 0(a), lodge objection with the Director, specifying the reasons for his opposition to the determination; where objection as! aforesaid has been lodged with the Director, he shall reconsider the determination and give the objector notice of his decision. (b) Where a decision under subsection (a) has been given, and it appears that the objector has paid more, or less, than what was due, the excess shall be refunded, or the balance paid, as the case may be, within one month; the provisions of this subsection do not relievo the objector from any other liability under this Law. H. The Director may, on the application of a person, exempt him from payment Exemption. of the whole or any part of the advance if it is proved to the! satÍ6Íatcion of the Director that the chargeable income of such person in the financial year 1953/54•. will be less than the income in respect oi which ho has become liable to an advance under this Law, and that collection of the advance under this Law in full would entail serious hardship. 12. (a) A person aggrieved by a decision under section 10 or the rejection of an Appeal. application made under section 11 may appeal to a District Court Judge, and the provisions of the Civil Procedure Eules, 19381), shall then apply as though the decision were a judgment of a Magistrate's Court in a civil action; the decision of the Judge shall be final and conclusive. (b) If the Judge in the appeal varies the amount of the advance, and it appears that the appellant has paid more, or less, than what was due, the excess shall be refunded or the balance paid, as tho case may be. 13. Notice of a determination under section 8 or a decision under section 10 shall Service of notices. bo sent by registered post and, unless the contrary is proved, be considered to have been served six days after.the day of despatch. 14. (a) A person who has paid an advance under this Law may, in each of the Bofund financial years 1954/55 and 1955/66, deduct from the total omount of tax first of advance. , falling due in the financial year in question, an amount equal to 30 per cent of the advance paid by him, and the balance shnll be deducted in the financial year 1956/57 from the total amount of tax first falling due in that financial year. An amount of advance deuuctable in any of the said financial years shall be deducted i) P.O. No. 755 of the Jlst January, 1938, Suppl. II, p. Ill (English Edition). 83 i in equal instalments from the different amounts of tax falling due in such financial year. (b) A person who, in any of the years specified in subsection (a), does not owe tax of an amount equal to the amount of advance which he is permitted to deduct in that year, is entitled to have the amount not deducted in that year re• funded to him in cash or set off against another debt due from him to the Treasury. Reservation 15. A declaration or determination under this Law shall not be relied upon in in respect of income tax. matters of income tax. Powers of 1(J. For the purpose of implementing this Law, the Director shall have the powers Director. vested in the Commissioner and an Assessing Officer by sections 44, 45, 47 and 66 of the Ordinance, as if the amount of the advance were a tax under the Ordinance. Collection. The Taxes (Collection) Ordinancei), except section 12 thereof, shall apply to the collection of any amount under this Law, as if such amount were a tax within the meaning of that Ordinance. Penalties. 18. (a) Where any person — (1) does not deliver a declaration under section 3 or a copy of such a declaration under section 4 or 7(a) within the prescribed time; or (2) does not make any payment at the prescribed time; or (3) does not deduct the whole or any part of an advance as provided in section 6(a) or 9(b); or (4) contravenes any other provision of this Law or any regulation made thereunder, the Director may impose on him a fine of the amount of the advance to which he was liable, or of 300 pounds, whichever is more. (b) A person on whom a fine has been imposed under subsection (a) may appeal to tlie District Court. (c) A person who knowingly makes a false declaration is liable to a fine'of ten times the amount of the advance to which he was liable or to imprisonment for one year or to both such penalties. Implemen• 19. The Minister of Finance is charged with the implementation of this Law tation. and may make regulations as to any matter relating to such implementation, in• cluding: (a) regulations as to deductions on account of the advance from the wages of employees who have no fixed place of employment; (i>) regulations as to refunding advances by reducing the amounts of deduc• tions on account of tax under section 48 of the Ordinance. DAVID BEX-GUBION LEVI ESHKOL Prime Minister Minister of Finance YITZCHAK BEN-ZVI President of the State l) Laws of Palestine vol. II, cap. 137, p. 1399 (English Edition). 84 No. 40 FOREIGN TRAVEL TAX (AMENDMENT) LAW, 5713—1953* 1. The Foreign Travel Tax Law, 5711—19501), shall be amended as follows: Amendment ־In section 3(b), the words "and shall not exceed 50 per cent of such price" °' ^aw Bhall be replaced by the words "and shall not exceed 100 per cent of such price". DAVID BEN-GURION LEVI ESHKOL Prime Minister Minister of Finance YITZCHAK BEN-ZVI President of the State No. 41 EMERGENCY REGULATIONS (COMPULSORY PAYMENTS) (EXTENSION OF VALIDITY) (No. 2) LAW, 5713-1953** 1. The validity of the Emergency Begulations (Compulsory Payments), 5712— Extension of 19522), as amended by the Schedule to this Law, is hereby extended until the 20th validity. Adar Bet, 5714 (31st March, 1954). 2. ThiB Law shall come into force on the 17th Tammuz, 5713 (30th June, 1953). Commence ment. SCHEDULE (section 1) The Emergency Regulations (Compulsory Payments), 5712—1952, shall be amended as follows: In regulation 2(b), the words "and the payment shall, as to any matter relating to its collection, be deemed to be a tax to which the Taxes (Collection) Ordinance applies" shall be replaced by the words "and the collection of any pay ment shall be governed by the Taxes (Collection) Ordinance3), except section 12 thereof, as if the payment were a tax wit bin the meaning of that Ordinance". DAVID BEN-GCRIO.N' LEVI ESHKOL Prime Minister Minister of Finance YITZCHAK BEN-ZVI President of the State • Passed by the Knesset on the 10th Tammuz, 5713 (23rd June, 1953) and published in Seler Ha-Chukkim No. 126 of the 20th Tamniu•/.. 5713 (3rd July. 19531, p. 104: the Bill and an Explanatory Note were published in Hatsa'ot Chok No. 163 of the 27th lyar, 5713 (12th May, 1953), p. 187. 1) Seler Ha-Chukkim No. 62 of the 28th Kislev, 5711 (7th December, 1950), p. 12; LSI vol. V, p. 12. " Passed by the Knesset on the 16th Tammuz, 5713 (29th June, 1953) and published in Seler Ha-Chukkim No. 127 of the 26th Tammu*. 5713 (9th July, 1953), p. 106: the Bill and an Explanatory Note were published in Ilatia'ot Chok No. 165 of the 25th Sivan, 5713 (8th June, 1953), p. 206. 2) Kovets Ha-Takkanot No. 260 of the 19th Nisan, 5712 (14th April, 1952), p. 754. 3) Laws of Palestine vol. II, cap. 137, p. 1399 (English Edition). 35 No. 42 COMPULSORY EDUCATION (TEMPORARY PROVISION) LAW, 5713—1953* Time for J_ Notwithstanding paragraph 2 of section 3(b) of the Compulsory Education registration 1 for the Law, 5709—1949 ), a time later than the 1st Tammuz, 5713, may be prescribed year 5714. by regulations in respect of the school year 5714 for the fulfilment of the duty of registration imposed by that section. Commence• 2. This Law shall have effect retroactively as from the 1st Tammuz, 5718 (14th ment. June, 1953). DAVID BEN-GDEION BEN-ZION DINUR Prime Minister Minister of Education and Culture YITZCHAK BEN-ZVI President of the State No. 43 APPRENTICESHIP LAW, 5713—1953** PART ONE: PRELIMINARY Inter- J, (a) In this Law — piatation. "juvenile" means a person who has not yet reached the age of eighteen years; "trade" means an occupation declared by order to be a trade to be acquired by way of apprenticeship; "apprentice" means a juvenile who works in order to acquire a trade by guided practical work and by attending approved trade lessons within the meaning of this Law; "trade school" means a school which the Minister of Education and s Culture has approved for the purposes of this Law by declaration published in Reshumot. (b) For the purposes of this Law, a juvenile is regarded as employed, and the person with whom the works is regarded as hiB employer, if the juvenile, works — (1) with his parents for purposes of their business or occupation; or (2) in any undertaking (even if the work is not done for purposes of business or profit), including a place declared by the Minister of Labour to be a centre of vocational training for juveniles designed to impart a trade by practical work, but not including a trade school. • Passed by the Knesset on the 23rd Tammux, 5713 (6th July, 1953) and published in Sefer Ha-Chukkim No. 127 of the 26th Tammuz, 5713 (9th July, 1953), p. 106; the Bill and an Explanatory Note were published in ITatea'ot Cholt No. 170 of the 10th Tammuz, 5713 (23rd June, 1953), p. 248. l) Sefer Ha-Chukkim No. 26 of the 24th Elul, 5709 (18th September, 1949), p. 287. ** Passed by the Knesset on the 1st Av, 5713 (13th July, 1953) and published in Sefer Ha-Chukkim No. 128 of the 11th Av, 5713 (23rd July, 1953), p. 108; the Bill and an Explanatory Note were published in HaUa'ot Chok No. 128 of the 21st Tammuz, 5712 (14th July, 1952), p. 305. • . 86 PART TWO: PRINCIPLES OP APPRENTICESHIP 2 (a) A juvenile shall not be employed in a trade otherwise than as an appren• Juvenile to be employed tice; this provision does not apply to a juvenile who has received a certificate under only as an section 22, or passed an examination and received a leaving certificate from a trade apprentice. school, in respect of that trade. (b) The Commissioner of Apprenticeship may permit a juvenile to be employed in a trade otherwise than aB an apprentice — (1) when there exists a Btate of emergency in the State by virtue of a declaration under section 9(a) of the Law and Administration Ordinance, 5708—19481); or (2) if in his opinion, and having regard to the personality of the juvenile, it is in the latter's interest to be employed otherwise than as an apprentice; or (3) if the juvenile works with his parents. 3 The Minister of Labour, after consultation with the Minister of Education Curriculum of apprentice• and Culture, shall prescribe for every trade a curriculum of apprenticeship in various ship. stages. Notice óf the prescribing of a curriculum of apprenticeship shall be published in Reshumot, and the curriculum itself shall be published in such manner as tho Minister may think fit. 4. (a) The Minister of Labour shall prescribe the period of apprenticeship by Period of apprentice• regulations either generally or in respect of a particular trade. ship. (b) The Commissioner of Apprenticeship may, on conditions prescribed by him, shorten the period of. apprenticeship of a particular apprentice, having regard to his vocational proficiency and general education. • (c) Where a juvenile had worked in any o-cupation before it was declared a trade, the Commissioner of Apprenticeship may, having regard to the vocational proficiency of the juvenile and subject to such conditions as he may •prescribe, direct that the whole or a part of the period of the work in that occupation prior to tho declaration shall be counted against the period of apprenticeship. 5. The Minister of Labour may prescribe by regulations, either generally or in Age anil education. respect of a particular trade, the minimum age and minimum education required of a prospective apprentice as preconditions of apprenticeship, and the modes of proving the same. 6. (a) The Minister of Labour may, having regard to employment prospects, Number of apprentices. prescribe the minimum number of apprentices whom the owner of a particular undertaking operated for purposes of business or profit shall employ in his under• taking. (b) The Minister of Labour may prescribe the maximum number of appren• tices whom the owner of an undertaking operated for purposes of business or profit may employ, having regard to employment prospects, the processes of production in the undertaking, the number of skilled person therein, as well as to its equipment and work conditions. (c) The Minister of Labour may as aforesaid prescribe by regulations, in respect of a particular trade, the minimum number of apprentices whom every owner of an undertaking operated for purposes of business or profit and in respect of which no number haB been prescribed under subsection (a) or (b) shall employ in his undertaking, and the maximum number of apprentices whom he may employ. i) I.R. No. 2 of the 12th Iyar, 5708 (21st May, 1948), Suppl. I, p. 1; LSI vol, 1, p. 7. 87 Prohibition 7. The Commissioner of Apprenticeship may prohibit a person from employing of employ• ment of ap• apprentices if in his opinion such a person is unable to ensure to the apprentice the prentices and guidance necessary for achieving the purpose of apprenticeship; such a prohibition juveniles. does not affect the prohibition imposed by section 2. Prohibition g. A person! shall not demand or accept any payment or benefit in respect of an ot payment. apprentice or prospective apprentice in connection with his apprenticeship.. Apprentice of 9. Fur the purposes of this Law, an apprentice of eighteen years of age completed over eighteen years of age. shall be deemed to be a juvenile — (a) if he continues work with the same employer; or (b) if he continues work with a different employer in the same trade and a declaration of apprenticeship under section 11 is signed between them. Encourage• 10. W I'he Minister may award a certificate :of appreciation, the text of which ment of ap• prenticeship. shall be prescribed by him, to a person whose apprentices have distinguished them• selves by progress in their trade, and in examinations, and to a person under whose guidance an apprentice as aforesaid has worked. (b) In ascertaining the chargeable income of a person who, with the approval of the Minister, incurred in the year preceding a particular year of assessment capital expenditure on the acquisition of equipment in connection with the employ• ment of apprentices in an undertaking, there shall be deducted from such income, in each of the five years beginning with that year of assessment, an amount equal to 20 per cent of the said expenditure. . PART THREE': PARTICULARS OF APPRENTICESHIP Declaration 11. (°) 0) An employer with whom a juvenile has worked in a trade for three of appren• ticeship. months, or for another period prescribed for this purpose by regulations in respect'of that trade, shall prepare within fourteen days a declaration of apprenticeship in three copies, in a form prescribed by regulations, and shall sign it and cause it to be signed by the juvenile and, unless the juvenile works with his parents, also by one of his parents. (2) If a juvenile is working with a particular employer in an occupation on the day on which that occupation is declared a trade, then, for the purposes of this section, the period of his work is reckoned from the day on which he began to work with that employer, provided that the time envisaged in paragraph (1) shall not terminate before the expiration of two weeks from the day of the declaration. (b) The three months, or other period, referred to in subsection (a) shall be reckoned as part of the period of apprenticeship. (c) The employer .shall deliver one copy of the declaration of apprenticeship to the apprentice and, unless the apprentice works with his parents, to one of his parents, and shall send one copy to the Commissioner of Apprenticeship. Approval of 12. The Commissioner of Apprenticeship shall approve a declaration of apprentice- . declaration. ship if the juvenile meets the requirements laid down in accordance with the law for his apprenticeship in the trade in question, and if the employer meets the •requirements as aforesaid for employing him as an apprentice; and from the day of the approval of the declaration the juvenile shall be regarded as an apprentice. Register of 13. The Commissioner of Apprenticeship shall keep a register to be called the Apprentices. "Register of Apprentices", and shall enter therein the particulars of every approved . declaration of apprenticeship. The Register shall be open for inspection free of charge by any person at any reasonable time. fa) The employer shall — Duties of U • • ' r J . employer. (1) employ the apprentice until the expiration of the period of apprentice ship ; (2) employ the apprentice in accordance with the curriculum of appren ticeship; (3) ensure •to the apprentice suitable guidance and a work method calcu lated to impart the trade whithin the period of apprenticeship prescribed therefor; if the employer does not supervise the work of the apprentice directly or give guidance to him, he shall impose that duty upon another person in the undertaking, and when that person has agreed to assume that duty he shall fulfil it as if he were the employer; but the imposition ־ of a duty as aforesaid does not relieve the employer himself from respons ibility for its fulfilment; ' (4) excuse the apprentice from work, without deduction of pay, in order to enable him to attend approved trade lessons, to the extent that he is required to do so under section 16(c), and to be examined as required by section 22. This provision 3holl add to, and not derogate from, the provisions of section 4(c) of tho Compulsory Education Law, 5709—1948!). • (b) An employer shall not employ his apprentice in work not connected with the purpose of the apprenticeship. 15, (a) The employer shall pay tho apprentice a wage not less than the mi- Wages of nimum wage fixed for the trade in question by the Apprentices' Wage Committee. APPleatice. (hereinafter: "Wage Committee") in accordance with subsection (c). (b) The Minister of Labour may appoint, in respect of all trades or a parti- cular trade, a Wage Committee whose procedure shall be prescribed by regulations; provided that every Wage Committee shall comprise equal representations of the national employees' organisation representing tho largest number of employees in the State and representative employers' organisations in the State which in the opinion of the Minister are interested. Notice of the appointment and address of every Wage Committee shall be published in Reshumot. (c) (1) The Wage Committee shall, upon instructions from the Minister of Labour, determine by resolution the wage system, having regard to the apprentice's progress in the trade, and the minimum rate and mode of payment of the wage. (2) A resolution of the Committee shall have effect for not less than one and not more than three years, as may be provided in the resolution, but a Wage Committee may, before the expiration of the period, extend it from time to time for an additional period not exceeding one year. (d) A copy of a resolution of a Wage Committee under 'subsection (c) shall be delivered to the Commissioner of Apprenticeship and to the organisations of em ployees and employers represented on the Committee. The Commissioner of Appren ticeship shall, in such manner as he may think fit, bring the resolution of the Wage Committee to the knowledge of the employers and apprentices concerned. (e) The provisions of this section do not apply where the apprentice works with his parents or in an undertaking as specified in section 1(b)(2). Duties of ־־ — The apprentice shall ,16 (1) work with his employer until the expiration of the period of apprenticeship; apprentice. i) Safer Ha-Chukkim No. 2fi of the 24th EIul, 5709 (18th September, 1949), p. 287. 89 .J (2) devote himself to his work with a view to acquiring the trade within the period prescribed as the period of apprenticeship for that trade and to passing examinations in accordance with section 22; (3) regularly attend approved trade lessons, as the Minister of Labour may prescribe by regulations for the trade in question, unless the Commissioner of Apprenticeship has exempted him from this duty wholly or in part; (4) obey the instructions of his employer and of the person under whose super vision and guidance he works as to any matter relating to the work and the order thereof. Severance of 17. (a) Where the Commissioner of Apprenticeship refuses to approve a declaration relationship. of apprenticeship under section 12, the relationship between the employer and the apprentice becomes severed automaticalily. (b) The relationship between the employer and the apprentice may be severed (1) by either party — (i) during the time mentioned in section 11(a); or (ii) if the Commissioner of Apprenticeship has approved the severance of the relationship; or (iii) for any reason determined by regulations; (2) by the employer, if the apprentice has interrupted his work, without a reason approved as sufficient by the Inspector of Apprenticeship, and does not return to work within 14 days; (3) by the apprentice — (i) if the employer has transferred the undertaking to another locality or if the parents of the apprentice have transferred their re sidence to another locality; ;wishes to work as an apprentice with another ׳ ii) if the apprentice) employer, and the Commissioner of Apprenticeship certifies in writing that it is in the apprentice's interest to do so; (iii) if wdrk in the undertaking has been interrupted for a period exceeding one month. Suspension of 13. Where the commencement of an apprentice's regular Bervice under the Defence apprentice 1 ship. Service Law, 5709—1949 ), has not been deferred in order to enable him to complete his apprenticeship, and the apprentice commences service as aforesaid, the appren ticeship shall be suspended for the duration of the service. Duty of 19 Where the relationship between the employer and the apprentice haB been notiScation. Bevered under section 17, or the apprenticeship has been suspended under section 18 or the apprentice has completed his period of apprenticeship, his employer shall notify such fact in writing to the Commissioner of Apprenticeship in a form pre scribed by regulations. of dis'utes 20 (a) even* °f disagreement or a dispute between on employer and an apprentice as to whether the relationship, between them may be severed under section 17, the Commissioner of Apprenticeship or person appointed by him for that purpose Bhall decide, after hearing the parties or representatives of the employees' and employers' organisations to which the parties respectively belong. (b) (1) A dispute not settled under an agreed procedure within a time acceptable to the Commissioner of Apprenticeship shall be settled in a manner prescribed by regulations. i) Sefer Ha-Chukkim No. 25 of the 21st Elul, 5709 (15th September, 1949), p. 271. 90 (2) In this subsection, "dispute" means a dispute or disagreement as to the terms of an apprentice's ,employment, arising between the employer and an employees' organisation to which the apprentice belongB, or between an employers' organisation• to which the employer belongs and an em• ployees' organisation to which the apprentice belongs, and causing or likely to cause interruption of the apprentice's work, except a dispute or dis• agreement arising out of section 17. (c) The provisions of this section. do not apply where the apprentice works with his parents or in an undertaking as specified in section 1(b)(2). 21. (a) Approved trade lessons are lessons to impart a trade and the general Approved trade education connected therewith, approved by the Minister of Labour for the purposes lessons. of this Law. (b) The Minister cf Labour may organise and maintain approved trade lessons and encourage such lessons in such other manner as he may think fit. (c) The Minister of Labour, after consultation with the Minister of Education and Culture, shall prescribe a standard minimum curriculum for approved trade lessons either for one trade or for a number of trades; but the prescribing of a curriculum as aforesaid shall not affect the right to add lessons to those prescribed in the curriculum. (d) Approved trade lessons shall be supervised by the Minister of Labour or a person appointed by him; the person actually responsible for the conduct of •the lessonB shall submit to him, at such dates as he may require, a report in a form prescribed by regulations. a Examinations 22. ( ) An apprentice shall take intermediate examinations and fmal examinations. and trade certificates. (b) The Minister of Labour shall prescribe by regulations the form, programme and procedure of the examinations. ' (c) In respect of final examinations, the examinee shall pay a fee prescribed by regulations. (d) A person who has passed intermediate examinations Bhall receive a certifi• cate to this effect, and a person who has passed final examinations shall receive a trade certificate; every certificate shall be signed by the Commissioner of Appren• ticeship and the chairman of the examination board. The form of the certificate and the manner of its issue shall be prescribed by regulations. (e) The Commissioner of Apprenticeship shall keep a register to be called the "Register of Qualified Apprentices" and shall enter therein particulars pre• scribed by regulations. 23. A person who has passed an intermediate examination held before the coming Transition• into force of this Law under the auspices of the institution which was known as al provision. the Apprenticeship Council established by the Jewish Agency for Palestine, the Manufacturers' Association and the General Federation of Jewish Labour, shall be deemed to have passed intermediate examinations under this Law. PART FOUR: IMPLEMENTATION AND PENALTIES 24. The Minister of Labour shall appoint the Commissioner of Apprenticeship mentB11*" and Inspectors of Apprenticeship. 25. There shall be set up an Apprenticeship Council (hereinafter: "the Council") ^ifi^ouncil to advise the Minister of Labour as to the making of regulations under this Law and and powers other matters relating thereto. thereof. 91 'omposition 26. (a) The Council shall consist of representatives of the Government appointed f Oounoil. by the Minister of Labour and members of the public appointed by the Minister׳ of Labour as representatives of employees, working youth and employers and of public institutions which in the opinion of the Minister are interested; provided that the representatives of employees, working youth and employers shall make up two thirds of the members of the Council.' (b) The representatives of employees shall be appointed after consultation with the national employees' organisation representing the largest number of employees, the representatives of working youth shall be appointed after consul tation with the national organisation representing the largest number of working youth and such other organisations of working youth as the Minister of Labour may decide; and the representatives' of employers shall be appointed after consultation with representative national employers' organisations which -in the opinioni of the Minister of Labour are interested. (c) The number of the different kinds of members of the Council shall be prescribed by the Minister of Labour by notice published in Reshumot; provided that the number of the representatives of employees and of working youth together shall be equal to the number of the representatives of employers. (b) The Minister of Labour or, in his absence, a person appointed by him for that purpose Bhall act as chairman of the ,Council. (e) Notice of the appointment and composition of the Council Bhall be published in Reshumot. Trade Appren 27. (a) The Minister of Labour shall appoint Trade Apprenticeship Boards (here ticeship Board. inafter: "Boards"). (b) A Board may be for the whole country (hereinafter: "National Board") or for a particular region, for one trade or for several trades which in the opinion of the Minister are related to one another. (c) Every Board, other than a National Board, shall consist of three or five members, as the Minister of Labour may decide, of whom one shall be appointed by the Minister of Labour to be chairman and the remainder shall be persons qualified in the trade in question, appointed after consultation with the national employees' organisation representing the largest number of employees and with representative national employers' organisations which in the opinion of the Minister are interested; provided that the number of the representatives of employees shall be equal to that of the representatives of employers, (d) Every National Board shall consist of sixmembersj and its composition shall be the same as that of a Board other than a National Board, except that it shall also include a.representative of the Minister of Education and Culture; notice of the appointment and composition of a National Board shall be published in Reshumot. Powers of 28. (a) The Minister of Labour shall consult a.National Board before — Board. (1) prescribing the curriculum of apprenticeship; (2) approving trade lessons under section 21(a); (3) prescribing the curriculum of approved trade lessons under section 21(c). ... (b) The Minister of Labour shall invite the opinion of the National Board and bring it before the Council before consulting the Council as to — , (1) prescribing the curriculum of apprenticeship; - (2) prescribing the minimum age and minimum education under section 5; (3) a programme for intermediate examinations and .final examinations. 92 \ (c) The Minister of Labour shall consult the National Council before exercis• ing his power under section 6(c), and the Regional Council concerned before exercising his power under section 6(a). (d) The Commissioner of Apprenticeship shall consult the Regional Council concerned before exercising his power under sections 2(b), 4(b), 4(c), 7 and 16(3). 29. The Minister of Labour may, by regulations, determine the term of office of Term of the representative of the public on the Council and of the members of the Boards, ofce• and the reasons for termination of their membership. 30. The Council and the Boards shall themselves prescribe their procedure in so Procedure, far as it is not prescribed by regulations. 31. (a) An Inspector of Apprenticeship may enter any place where juveniles Supervision, are employed, or where he has reason to believe that juveniles are employed, and examine any person being in that place as to any matter relating to this Law, but a person shall not be required to give an answer or evidence* tending to incriminate him. (b) An Inspector of Apprenticeship may prepare a record of the answers and statements of the persons examined, and such a record shall be deemed to be a state• ment prepared under section 2 of the Criminal Procedure (Evidence) Ordinance1), and sections 3 and 4 of that Ordinance shall apply thereto. (c) An Inspector of Apprenticeship may require an apprentice to perform some particular work in his presence, and he may also supervise the methods of the ap• prentice's work and the guidance given him at his workplace. (d) An Inspector of Apprenticeship may enter any place where approved trade lessons are given and be present during the lessons. 32. (a) A person who — Offences and (1) in contravention of section 2 employs a juvenile otherwise than as an apprentice; or (2) refuses or fails to employ the number of apprentices whom he is bound io employ under section 6 or employs a number of apprentices exceeding the number he is permitted to employ under that section; or (3) employs apprentices or juveniles in contravention of section 7; or (4) accepts payment or a benefit in contravention of section 8, is liable to a fine of one hundred pounds in respect of every juvenile or appren• tice employed or not employed as aforesaid or in relation to whom the offence was committed, or to imprisonment for a term of one month or to both such penalties. (b) A person who — (1) hinders an Inspector of Apprenticeship from exercising his powers; or (2) refuses to answer a question of an Inspector of Apprenticeship which he is under a duty to answer, is liable to a fine of one hundred pounds or to imprisonment for a term of two weeks or to both such penalties, but a juvenilis shall not be punished with im• prisonment or with a fine exceeding five pounds and shall not be imprisoned fcr non-payment of a fine. (c) An eriiployer who — (1) fails to comply with the provisions of section 11; or (2) fails to make notification in accordance with section 19, i) Laws of Palestine vol. I, cap. 34, p. 467 (English Edition). 93 is liable to a fine of twenty-five pounds in respect of every apprentice in relation to whom the offence was committed. Besponsibility 33. Where a company, cooperative society or any other body of persons has been of directors and managers. found guilty of an offence under section 32, every director, manager, partner or official of such body shall likewise be regarded as responsible for the offence unless ho proves — (1) that it was committed without his knowledge; or (2) that he took all reasonable steps to ensure compliance with the provisions of this Law. Competent 34. A magistrate is competent to deal with any action under this Law and may Court. impose the penalties prescribed in section 32. The State as 35. The State as an employer shall, for the purposes of this Law, be treated like employer. any other employer. Implemen 36. The Minister of Labour is charged with the implementation of this Law and tation and regulations. may make regulations as to any matter relating to such implementation. Delegation of 37. The Minister of Labour may delegate to another person the powers conferred powers. on him by section 8 and 6 — in so far as the act in question is not done by regu lation — and section 21; notice of any such delegation of powers shall be published io Reshumot. Application of g3. For the purposes of any law with the implementation of which the Minister laws to apprentices. of Labour is charged, an apprentice shall be regarded as an employee, unless otherwise provided in this Law, the law in question or any other law. MOSHE SHABETT GOLD A MYEESON Minister of Foreign Affairs Minister of Labour Acting Prime Minister YJTZCHAK BEN-ZVI President of the State No. 44 YOUTH LABOUR LAW, 5713—1953° PART ONE: PRELIMINARY — a) In this Law) ־Inter- J pretation. ' "child" means a person who has not yet attained the age of 16 years; "adolescent" means a person who has attained the age of 16 years, but has not yet attained the age of 18 years; "juvenile" means a child or an adolescent; "parents", in relation to a juvenile, includes a guardian and any person having control, supervision or charge of the juvenile; "Inspector of Labour" means an Inspector within the meaning of the Department of Labour Ordinance, 1943!); * Passed by the Knesset on the 3rd Av, 5713 (15th July, 1953) and published in Sefer Ba-Chukkim No. 128 of the llth Av, 5713 (23rd July, 1953), p. 115; the Bill and an Explanatory Note were published in Eatta'ot Chok No. 128 of the 21st Tammus, 5712 (14th July, 1952), p. 296. l) P.O. No. 1250 of the 15th February, 1943, Suppl. I, p. 2 (English Edition). 94 "Begional Inspector of Labour" means an Inspector of Labour appointed by the Minister of Labour to be Regional Inspector of Labour; "work booklet" means a booklet issued under section 28; "itinerant trading" means the sale or offer for sale of goods, and a service or offer of service, in a public place or a place open to the public or from house to house. (b) For the purposes of this Law, a juvenile is regarded as employed, and tha person with whom he works is regarded as his employer, if the juvenile works — (1) with his parents for the purposes of their business or occupation, except in casual non-industrial work or in agricultural'work on his parents' ' farm; (2) with another person either as an employee or apprentice; (3) in any undertaking the work in which is not aimed solely at supply ing the undertaking's own requirements, even though it may not be work for purposes of business or profit, including a place declared by the Minis ter of Labour to be a centre of vocational training for juveniles intended to impart a trade by practical work, but not including a school confirmed by the Minister of Labour as a trade school supervised by him. PART TWO,: WORKING AGE AND PROHIBITED WORK 2. (a) A child who has not yet attained the age of 14 years shall not be employed. Working age of a child. (b) The prohibition imposed by subsection (a) does not apply to a child who on the date of publication of this Law has attained the age of 13 years and who is employed on that date, and whose employment is permitted under the Employment of Children and Young Persons Ordinance, 19451). 3. (a) A child who has not yet attained the age of 14 years shall not engage Age at wich a child may engage in •־ .iu itinerant trading, save under a permit itinerant (b) The Minister of Labour may permit itinerant trading by a child who has trading. not yet attained the age of 14 years if he thinks fit to do so having regard to the economic situation of the child. 4. (a) The Minister of Labour may temporarily permit the employment of a child Permission for work for who has not yet attained the age of 14 years in order to enable him to take part in artistic an artistic performance, if in the opinion of the Minister it is desirable so to do. purposes. (b) The Minister of Labour shall attach to such a permit Buch conditions as in his opinion are necessary to safeguard the child's health, to guarantee his physical, educational, mental or moral development, and to ensure him a rest of at least 14 hours between one working day and the next; he may attach other con ditions to the permit. 5. A child, even if he has attained the age of 14 years, shall not. be employed, Prohibition of work in or engage in itinerant trading — certain (1) in a hotel, café or dance hall; places. (2) in a place where mentally sick persons are tended; (8) in such other place aB the Minister of Labour, either generally by reg• ulations or specially in such manner as he may think fit, may designate if in his opinion the work or itinerant trading of a child in such place may adversely affect his physical, educational, mental or moral development. i) P.O. No. 142Í of the 11th July, 1945, Suppl. I, p. 87 (English Edition). •95 Prohibited g. The Minister of Labour may prohibit or lestrict, by regulations, the employ work. mont of a child or adolescent in work, production processes or workplaces which in his opinion are likely to prejudice the health, well-being or physical development of the child or adolescent, even if such employment is not prohibited under the. pre• ceding sections. Special age 7, The Minister of Labour may by regulations prescribe that a juvenile who has for certain work. not yet attained a certain age shall not be employed in certain work, if in the opinion of the Minister such work is likely to prejudice the health, well-being or physical, educational, mental or moral development of the juvenile, even if his employment therein is not prohibited under the preceding sections. PART THREE: MEDICAL EXAMINATIONS Competent 8. (a) For the purposes of this part, a competent medical institution is — nedical insti- ution and (1) a District Office of the Ministry of Health; ,uthorised •hysician. (2) an institution which the Minister of Labour, after consultation with the Minister of Health, has approved as Buch. (b) A medical' examination under this part shall be carried out by a physician authorised in that behalf by the Minister of Health upon the recommendation of a competent medical institution (hereinafter: "authorised physician"). (c) Notice of the approval of a medical institution and the authorisation of a physician shall be published in Reshumot. lamination 9. No payment shall be due from a juvenile or the parent or employer of a id conftr- ation to be juvenile for a medical examination or medical confirmation under this part. nee of charge. Rules for 10. The Minister of Labour may, after consultation with the Minister of Health, medical examination. enact by regulations provisions as to the carrying out and scope of medical exa• minations under this part. Thorough H, (a) A juvenile shall not be employed, or engage in itinerant trading, unless medical examination. he has undergone a thorough medical examination and been confirmed, by a com• petent medical institution on the strength of a report of the authorised physician who examined him, as medically fit for the work or occupation in question. (a) A juvenile who has not been working for a prolonged period shall not be employed unless, immediately before starting work again, he underwent a tho• rough medical examination and was confirmed as aforesaid. "Prolonged period" means — (1) in relation to work defined by regulations, after consultation with the Minister of Health, as dangerous work — six months; (2) in relation to any other work — one year. (c) A confirmation under this part shall be for a specific kind of work or itinerant trading and for kinds of work or occupations similar thereto as regards ' th>3 danger to health and the physical effort required of the juvenile and may be subject to conditions and limited to a period of trial. The confirmation shall be entered in the juvenile's work booklet. f (d) No prohibition under this section shall apply before the expiration of six months from the coming into force of this Law. (e) The prohibition imposed by-subsections (a) and (b) shall not apply to a juvenile who according to the entries in his work booklet was employed on the day of the coming into force of this Law in work which has not been defined as dan• gerous work under subsection (b) (1). I , ' 96 12. (*) A juvenile shall undergo a medical re-examination — Medical re• examination. (1) if he is engaged in work defined by regulations under section 11(b) as dangerous — once in six months; (2) if he is engaged in other •work or in itinerant trading — once a year. (b) A Regional Inspector of Labour may demand, by written notice to the juvenile, copy of which shall have been sent to his employer and parents, that the juvenile shall undergo a medical re-examination within a time prescribed in tho notice. (c) The results, of a re-examination under this section shall be entered by the competent medical institution, on the strength of the report of the authorised physician, in the juvenile's work booklet, and any deterioration in the juvcnile'B state of health which in the opinion of the physician is attributable to •work or itinerant trading shall be specially noted. 13. (a) If a medical examination under this part reveals — Notice of results of (1) that' the juvenile is not medically fit for work for which a juvenile of medical his age is generally fit; or examination. (2) that. the juvenile is not medically fit for the work in which he is employed or the itinerant trading in which he is engaged; or (3) that the work in which the juvenile is employed or his itinerant trading adversely affects his state of health, the competent medical institution shall give written notice to such effect to a Regional Inspector of Labour. (b) The Regional Inspector of Labour shall seud a copy of the notice to one of the parents of the juvenile, and if the notice says that the juvenile is not fit! for the work in which he is employed, a copy shall be sent also to his employer and to the General Labour Exchange in whose area he is employed. 14. Where an employer has received a copy of a notice under section 13, he shall, Prohibition of employ• within ten days from the day of receipt of the notice or within such shorter time ment after as the Regional Inspector of Labour may prescribe, ceaBe to employ the juvenile receipt of in the work to which the notice relates or in any work similar to it as regards the notice. danger to health or the physical effort required of the juvenile. 15. If a medical examination under section 12 reveals that a juvenile is not Prohibition of itinerant medically fit to continue itinerant trading, he shall, witbin fourteen days from the trading after date of the examination, cease to engage in the branch of itinerant trading concerned medical or in any branch of itinerant trading similar to it as regards the danger to health examination. or the physical effort required of him. 16. M Where a person who has not yet attained the age of 21 years is employed Medical examination in work involving particular danger to health, the provisions of this part and of up to thu age. part Bix shall apply to him as if he were a juvenile. of twenty-one. (b) The Minister of Labour, after consultation with the Minister of Health, shall determine by regulations the kinds of work involving particular danger to health for the purposes of this matter. PART FOUR: VOCATIONAL GUIDANCE 17. In this part, "vocational" guidance" means guidance given to a juvenile in Inter• file choice of a trade or towards progress in a trade, having regard to his personal pretation. qualities and to employment prospects. 07 Provision of 18. (a) The Minister of Labour shall take steps which in his opinion are necessary vocational guidance. to make vocational guidance possible. (b) The Minister of Labour may by regulations determine kinds of work for which a juvenile shall not be accepted unless the person accepting him is satisfied that he has been given prior vocational guidance by an institution empowered under section 19. \ Organs of 19. The Minister of Labour may appoint a person to be Commissioner of vocational guidance. Vocational Guidance. Notice of the appointment shall be published in Reshumot. (b) The Minister of Labour shall empower institutions to provide vocational gnidanco, and an institution so empowered shall employ in the provision of voca tional guidance only persons possessing the qualifications prescribed by the Mi nister of Labour by regulations. PART FIVE: HOURS OF WORK AND REST AND ANNUAL LEAVE Working day 20. W A juvenilo shall not be employed for more than eight working hours a and working week. day and forty working hours a week. (b) On the day preceding tho weekly day of rest and on the day preceding a festival on which he does not work, whether by virtue of law or by agreement or custom, a juvenile shall not be employed for more than seven working hours! (c) "Working hours" means hours during which the juvenile is available for work, including short agreed breaks given to the juvenile for recreation and fresh air, but not including breaks under section 22. i Hours of weekly rest. 21. (a) A juvenile shall not be employed during the weekly rest. (b) The weekly rest of a juvenile shall be at least thirty-six consecutive hours and shall include — (1) in the case of a Jewish juvenile — the Sabbath day; (2) in the case of a non-Jewish juvenile — the Sabbath day or Sunday or Eriday, whichever is customarily observed, by him as his day of weekly •rest. j Breaks. 22. (a) Where a juvenile is employed for 'six or more working hours a day, his work shall be interrupted for rest and meals for at least three quarters of an hour, including one continuous break of at least half an hour. On the day preceding the weekly rest or a festival,: the break shall be of at least half an hour. (b) The interruption shall not exceed three hours. .(c) During the break which lasts half an hour or more, the juvenile may leave the place at which he works unless his presence there is necessary for the work process or for the operation or use of the equipment, and his employer has required him to remain there: in that case, the[ time of the break is reckoned as part of the working hours. 1 i Studies and a written notice has been given to an employer by an approved continu *־־• ( ) .working 23 hours. ation school to the effect, that a particular juvenile attends on certain days evening classes at that school, that juvenile Bhall not be employed on those days after 4.00 p.m. . ' (b) No deduction shall be made from the wages of a juvenile in respect of absence from work to enable him to attend evening classes as aforesaid, except if the approved continuation school has notified the'employer in writing that the juvenile has not attended the classes and in respect of the hours during which he was absent from work supposedly to attend evening classes, but did not attend•, them. : 98 (c) For the purposes of this section, "approved continuation school" means a continuation school for working youth approved as such by the Minister of Education and Culture and notice of whose approval as aforesaid has been published in lleshumot. (d) The provisions of this section shall add to and not derogate from the provisions of section 4(c) of the Compnlsory Education Law, 5709—1949*), and section 14 of the Apprenticeship Law, 5718—19632). 24. 00 A juvenile sholl not be employed, or engage in itinerant trading, at night. Prohibition of night work. (b) "Night" means — in the case of a child — the 12 hours between 6.00 p.m. and 0.00 a.m.; in the case of an adolescent — a period of 12 hours including the hours between 8.00 p.m. end 6.00 a.m. (c) For the purposes of this section, notwithstanding section 1(b), a juvenile who works in a trade Bchool is regarded as employed. 25. 0*) The Minister of Labour may permit an adolescent to be employed until Foruiisslon 11.00 p.m. in a place whero the work is done in shifts. for night 17 WOl JC. (h) During a period in which a state of emergency exists in the State by virtue of a declaration uudar section 9(a) of the Law and Administration Ordinance, 5708—194G3), the Minister of Labour may permit an adolescent to ba employed even after .11.00 p.m. in a place where the work is done in shifts. (c) Where the Minister of Labour is of the opinion that such is necessary for the completion of the vocational training of an adolescent who has attained the -age of 17 years, ho may temporarily permit him to be employed at night in a placo where the work proceeds continuously. (d) Where the Minister of Labour is of the opinion that it is desirable so to do in the interests of art, he may temporarily permit a juvenile who boa attained the age of 10 yoars to be employed uutil 12.00 p.m. if it appears to him that the' conditions for safeguarding the juvenile's healthj education and moral development are assured. 26. 00 In a permit under section 25 there shall be a condition ensuring to the Permits, juvenile a rest of ft least 11 hours: between ono working day and the next, and tho 8wriSkms Minister of Labour may prescribe other conditions and restrictions. (b) A permit ux»der section 25(c) or (d) sholl be special; a permit under section 25(a) or (b) may be general or special or for a class of adolescents or undertakings. • (c) Every permit, other than a special permit, and the conditions and restric tions prescribed therein, as well os the cancellation of such a permit and any alteration of tho conditions prescribed therein, shall be published in Heshumot. (d) A person to whom a special permit has been issued shall display it conspic uously in the plaeo where employment is given thereunder; provided that if he keeps a register under section 31, he may attach the permit to the register. 27. 00 In *he caso of a juvenile, "14 days" in section 3(a) of the Annual Leave Law, 5711—1951*), shall be reud as "18 days". Annual leave. (b) The provisions of this section shall apply to the working year, within l) Sefer Ba.-Chukkim No. 26 of the 24th Eiul, 5709 (IBih September, 1949), p. 287. ,July, 1953), p. 108; supra ־23rd׳) Safer Ba-Chukkim No. 128 of the 11th Av, 5713 (.? p. 86. 8) I.B. No. 2 of the 12th Iyar, 5708 (Slst May, 1948), Suppl. I, p. I; LSI vol. I, p. 7. t) Sofer Ba-Chukkim No. 81 of the 7th Tanunus, 5711 (11th July, 1951), p. 234; LSI vol. V, p. 155. 99 משיד המשפטים מםמך זה הינו העתק שנסרק בשלמותו ביום ובשעה המצוינים . בסריקה ממוחשבת מהימנה מהמסמך המצוי בתיק, בהתאם לנוהל הבדיקות במשרד המשפטים. על החתום « 9ן משרד המשפטים (התימה מוסדית). the meaning of the said Law, which began on the 16th Nisan, 5713 (1st April, 1953) and to every succeeding working year. PART SIX: IMPLEMENTATION AND PENALTIES Work (a) A juvenile shall not be employed, or engage in itinerant trading, unleSB booklet. 28. there exists a work booklet issued in his name by the Minister of Labour, and the onus of proving the existence of a booklet as aforesaid shall be on the employer, or on the juvenile engaging in itinerant trading, as the case may be. A work booklet shall be issued free !of charge on application accompanied by documents proving the juvenile's age. ' - (b) The Minister of Labour shall prescribe by regulations the procedure for the submission of an application for a work booklet and the manner in which a work booklet shall be delivered, held and produced. Power of 29. (a) The powers 1of an Inspector of Labour in relation to any place in which Inspector of Labour. he has reason to believe that a juvenile is employed, or engages in itinerant trading, shall be the same as jthe powers of an Inspector of Labour under section 10(1) of the Department of Labour Ordinance, 1943. (b) If a person is iu a place visited by an Inspector of Labour in virtue of his powers under subsection (a), or if an Inspector of Labour has reason to believe that a juvenile works, or engages in itinerant trading, the Inspector of Labour may examine such person, or such juvenile and his, parents; as to any matter relating to this Law; provided that no person shall be required to give an answer or evidence tending to incriminate; him. An Inspector of Labour may prepare a record of the answers and statements of the person examined. (e) A record prepared under subsection (b) shall be deemed to be a statement prepared under sectioni 2 of the Criminal Procedure (Evidence) Ordinance1), and section 3 and 4 of that Ordinance shall apply thereto. Council for 30. (a) There shall be set up a Council for Working Youth Affairs (hereinafter: Workinj,' Youth Affairs. "the Council") to advise the Minister of Labour as to any matter relating to this Law.. ' - ־ ־ I (b) The'Council shall consist of representatives of the •Government appointed by the Minister of Labour, representatives of the Centre of General Labour Ex changes, and members of the public appointed by the Minister of Labour as repre- sentativesv of employees, working youth and employers and of public institutions which in the opinion of the Minister of Labour are interested. The representatives of employees shall be appointed after consultation with the national employees' organisation representing the. largest number of employees; the representatives of working youth shall be appointed after consultation with the national organisation representing the largest 1number of working youth and with other'organisations of working youth decided upon by the Minister of Labour; and the representatives of employers Bhall be appointed after consultation with representative national em ployers' organisations-which in the opinion of the Minister of Labour are interested. (c) The number of the different kinds of members of the Council shall be determined by the Minister of Labour by notice published in Reshumot; provided that the number of the representatives of employees and working youth together shall be equal to the number of the representatives of employers. (d) The Minister of Labour or, in his absence, a person appointed by him in that behalf shall be chairman of the Council. l) Lawn of Palestine vol. ,1, cap. o4, p. 467 (English Edition). 100 (e) The Council shall itself prescribe the procedure for its deliberations and work in so far as it has not been prescribed by regulations. 31. (a) An employer shall keep a register in which details prescribed by regu• Registration of working lations shall be entered in respect of every juvenile employed by him. juveniles. (b) The Minister of Labour shall, by notice published in Reshumot, prescribe the classes of employers to which this section shall apply, and he may prescribe as aforesaid that the registe/ Bhall be a part of another register which on employer is bound to keep under another law with the implementation of which the Minister of Labour is charged. 32. An employer to whom section 31 applies shall bring all or any of the provisions Publication of this Law, as may be prescribed by regulations, to the knowledge of the juveniles of provisions of Law, employed by him. 33. (a) A person' who employs a juvenile in contravention of this Law or other• Offences and wise than in accordance with regulations or with a permit issued thereunder iB liable penalties. to a fine of one hundred pounds in respect of every juvenile employed as aforesaid or to imprisonment for a term of one month or to both such penalties. (a) A person who — (1) hinders an Inspector of Labour from exercising his powers or refuses to answer a question of an Inspector of Labour which he is under a duty to answer ;or (2) prevents or hinders a medical re-examination under section 12; or (3) contravenes a provision as to the display of a permit under Bection 26(d), to a work booklet under section 28(b), to the keeping of a register under section 31 or to publication of the provisions of this Law under seotion 32, . is liable to a fine of one hundred pounds or to imprisonment for a term of two weeks or to both such penalties; provided that a juvenile shall not be fined an amount exceeding ten pounds and shall not be sentenced to imprisonment or be imprisoned for non-payment of a fine. 34. Where a juvenile is employed by any employer when according to the entries Juvenile employed by in the work booklet he is employed also by another employer, the employer who several • employs him on any day or in any week for working hours in excess of eight employers. or forty, respectively, is deemed to have employed him on that day or in that week for all working hours unless he did not know and could not have known the number of the hours that the juvenile had already been employed by another employer. 35. A person who permits or suffers a juvenile to engage in itinerant trading in, Permitting itinerant in connection with or on behalf of• any undertaking in contravention of this Law is trading in liable to a fine of one hundred poundB in respect of every juvenile engaging in contravention of Law. itinerant trading as aforesaid or to imprisonment for a term of one month or to both such penalties. 36. •*- juvenile engaging in itinerant trading in contravention of this Law or other• Itinerant trading in wise than in accordance with regulations made or a permit issued thereunder is contravention deemed to be a person under the age of 16 years who has been found doing one of the of Law. acts specified in section 16(l)(o)of the Juvenile Offenders Ordinance, 1937!). 37. If a juvenile engages in itinerant trading or is employed•, otherwise than by his Responsibility parents, in contravention of the provisions of part two or part three, each of his of parents. parents is liable to a fine not exceeding fifty pounds unless he or she proves — l) P.O. No. 667 of the 18th February, 1937, Suppl. I, p. 137 (English Edition). 101 (1) that the oflence was committed without his or her knowledge; or (2) that he or she took all appropriate steps to ensure compliance with the provisions of part two and part three in relation to that juvenile. Responsibility 38. If a company, cooperative society or any other body of persons employs n of director or manager. juvenile in contravention of this Law or otherwise than in accordance with regu• lations made or a permit issued thereunder, every director, manager, partner or official of that body is likewise regarded as responsible for the offence and may be prosecuted and punished as it he had committed it unless he proves—• (1) that it was committed without his knowledge; or (3) that he took all appropriate steps to ensure compliance with the provisions of this Law. Brídense. 39. (•} An extract from the Register of Inhabitants under the Registration of Inhabitants Ordinance, 8709—19491)• concerning the age oi a person, or a con• firmation by the Registration Office that such Office bas been notified under the said Ordinance that e person was bom on a certain date, shell, in any action under thfo Law, be evidence of the ago of that person unless it is proved by means of a birth certificate that he was bom on a different date. (b) A juvenile found in A place where work is done or machines operate ia regarded as working in that place at the time unless the contrary is proved. Competent 40. A magistrate is competent to deal with any action under this Law and may court. impose tho penalties prescribed by sections S3 and 80. The State 41. For the purposes of this Law, a juvenile employed by tho State is treated in as employer. like maimer as a juvenile employed by any other employer. Imple• 42. (•) The Minister of Labour is charged with the implementation of this Law mentation and and may make regulations as to any matter, relating to such implementation. TOgalatkm!!. (b) The Minister of Labour shall make regulations, except regulations under sections 10, 81 and 82, only after consultation with the Council for Working Youth Affairs «et op under section 80. Delegation 43. W The Minister of Labour may delegate to another person bis powers under of powers. sections 8, 4, 20 end 28(a), except the power to issue a general permit under section 26(a) or (b). (b) Notice of ft delegation rf powers shall be published in Beakumot. Inapplicabi• 44. The Hours of Work and Best Lew, 0711—mi•), shall not apply to tho lity of Law. employment of a juvenile. Bepeal. 45. The Employment of Children and Young Persons Ordinance, 1940«), and the regulations made thereunder aro hereby repealed. Conimec ce• 46. This Law shall come into force six months after it has been passed in the ment. Knesset. MOBUE SHABBTT GOLDA MYEBSON MirAnUr of Foreign Affaira Minister of Labour Acting Prime Minister YITZCHAK BEN-ZVI President of the State i) l.H. No. 48 of the 5th Shevat. 5709 (4th *ebroary, 19)9), Suppl. I. p. 164; tSX voL. II, p. 108. s) Safer Ha-Chukkim No. 76 of the 16th lyar, 5711 (22nd Mar. 1951), p. 804; LSI vol. V, p. 12S. *) P.O. No. 1421 of thé 11th July, 1945, Eappl. I, p. 87 (English Edition). 102 No. 45 EXCHANGE OF BANK NOTES AND COMPULSORY LOAN (TEMPORARY PROVISION) LAW, 5713—1953* 1. In this Law, every term has the same meaning as in the Exchange of Bank Inter Notes and Compulsory Loan Law, 5712—19521) (hereinafter: "the Law"). pretation. 2. Notwithstanding sestion 3 of the Law, the Minister of Finance, in his dis Application cretion as to each case, may direct the Issue Department to exchange old bank Of IittW. notes where he is satisfied that the person who has asked for their exchange held them in Israel before the 30th Sivan, 5712 (23rd June, 1952) and did not have them exchanged in time for reasons beyond his control, and notified his desire to have them exchanged to the Issue Department not later than the 10th Av, 5718 (22nd July. 1953); provided that such a person shall not have exchanged to him old bank notes of an amount exceeding one thousand pounds. 3. All the provisions of the Law shall apply to the exchange of notes under this Law except in so far as ,the contrary intention appoara. MOSHE SHAEETT LEVI ESBTKOL Minister of Foreign Affairs Minister of Finance Acting Prime Minister YITZCHAK BEN-ZVI President of the State . No. 46 CANDIDATES FOR AGRICULTURAL SETTLEMENT . LAW, 5713—1953** 1. In this Law— Inter- "settlement institution" means the Government, the World Zionist Organisa• pretation. tion — Jewish Agency for Palestine, and any other body engaged in Bottling persons on the land and recognised by the Minister of Agriculture, by notice in Rcshumot, as a settlement institution within the meaning of this Law; "national settlement body" ineanB a body organising persons for agricultural settlement and recognised by the Minister of Agriculture, by notice in Reshumot, as a national settlement body within the meaning of this Law; "agricultural settlement" means a place the inhabitants of which have been soitled. for the purpose of agricultural settlement, whether simultaneously or at different times, by one or more settlement institutions or with the assistance of a national settlement body; but where such a place is a part of a settlement the inhabitants of which have not been settled as aforesaid, only the place settled as aforesaid shall be regarded as an agricultural settlement; * Passed by the Knesset on the 11th Av, 5713 (23rd July, 1953) and published in "־ Safer Ha-Chuhkim No. 129 of the 21st Av, 5713 (2nd August, 1953), p. 124; the Bill and an Explanatory Note were publishsrl in Hatia'ot Chok No. 173 of the 8th Av, 5713 (20th July,• 1953). p. 267. l) Sefer Ha-Chukkim No. 105 of the 29th Av, 5712 (20th August, 1952), p. 272; LSI vol. VI, p. 83. •* Passed by the Knesset on the 16th Av, 5713 (28th July, 1953) and published in Sefer Ha-Chukkim No. 130 of the 26th Av, 5713 (7th August, 1953), p. 126; the Bill and an Explanatory Note were published in Hotro'ot Chok No. 135 of the . 26th Av, 5712 (17th August 1952) p. 340. 103 "settler" or "candidate" means a person who has settled in an agricultural settlement; "organised settlement" means an agricultural se'ttlement organisationally con nected with a national settlement body. A candidate may be removed from an agricultural settlement under the .2 ־ Kemoval of candidate from agricul provisions of this Law if the demand for his removal is submitted before the ex tural piration of his first three years in the settlement. settlement. Committees. 3 (a) The Minister of Agriculture • shall appoint one or more committees for ths purposes of this Law (hereinafter: "committees"). (b) Every committee shall consist of three persons. The chairman of the committee shall be a judge appointed upon the recommendation of the Minister of Justice, and one of the members of the committee shall be appointed from lists of persons submitted to the Minister of Agriculture by national organisations of agriculturists or by national settlement bodies. (c) The appointment of a committee may be general or restricted. (d) Notice of the appointment and address of a committee shall be published in Reshumot. Demand for 4. (a) The following may demand before a committee, for all or any of the removal of candidate reasons specified in section 6, the removal of a candidate from an agricultural from settlement: agricultural settlement. (1) a settlement institution which has been instrumental in settling the candidate on the land; (2) the national settlement body with which that settlement is organisa tionally connected (hereinafter: "the organising settlement body"); (3) the ogricultural settlement with the approval of a settlement institution which has been instrumental in settling the candidate on the land and, if it is an organised settlement, with the approval of the organising settle ment body. (b) Where the person whose removal is demanded is a settler in an organised settlement or in another agricultural settlement most of the settlere of which are members of a national organisation of agriculturists, the matter shall be brought before a committee one of the members of which has been appointed from a list of persons submitted by the organising settlement body or by that national organisa tion, as the case may be. (c) A body entitled to make a demand under subsection (a) shall do so only upon expiration of two months from the day on which it delivered to the candidate a written warning to discontinue the acts specified therein for which he may be removed from the settlement under section 6. Decision on 5. Upon a demand for removal of a candidate from an agricultural settlement, a demand. the committee may — in its discretion, but subject to the restrictions imposed by section 6 — decide — , (1) to reject the demand; or (2) to remove the candidate from the agricultural settlement. Reasons for (J, (a) The committee shall not decide to remove a candidate from an agricultural removal. settlement unless it is satisfied — (1) that he constantly, without sufficient cause, neglects, the cultivation of his farm; or 104 (2) that he knowingly causes damage to immovable or movable property which he has received from a settlement institution for the purpose of his settlement, or constantly uses such property otherwise than for the pur• pose of his settlement while neglecting to use it to the required extent for that purpose; or (3) that he habitually violates dutic3 imposed on him by the statutes of the settlement or imposed on him by the settlement in 1accordance with such statutes; or (4) that he habitually disturbs the peace in the settlement by acts of violence or threats of acts of violence either in the community at large or in the family. (b) A committee shall not decide to remove a candidate from an agricultural settlement on account of his views. (c) In this section, "statutes of the settlement" means — (1) the rules the undertaking of whose observance by the settler is a condition of his settling in that settlement, whether he gave such under• taking at the time of or after such settling; or (2) where there are no such rules as referred to in paragraph (1) and the inhabitants of the settlement were organised for settlement by a national settlement body before the coming into force of.this Law — the principal rules which, at the time of the candidate's settling, were contained in the model statutes prescribed by that body for settlements the establishment of which is organised by it, and the undertaking of whose observance by the settlers is a condition of their settling. 7. (a) The committee shall not decide upon a demand for removal of a candidate Procedure, from an agricultural settlement before the body which made the demand, the others entitled to make a demand under section 4 and the candidate have been given an opportunity to bring their evidence before it and to be heard. (b) The committee shall hear contentions and take evidence in the presence of the body which made the demand and the person whose removal is demanded, or after they have been duly summoned. (c) The committee shall have all the powers that may be conferred on a commission of enquiry under section 5 of the Commission of Enquiry Ordinance1). (d) Save as otherwise provided in this Law, the committee shall not be bound by rules of evidence ami shall act in Buck manner as seems to it most expedient for clarifying the issues involved. (c) The committee shall itself prescribe its procedure in so far as it is not prescribed by this Law or by regulations made thereunder. (f) The decision of the committee shall be final. 8, (a) If the committee decides to remove a candidate from an agricultural Vacation ol settlement, then every engagement or right under which be holds land which, land, according to the decision of the committee, he received, directly or indirectly, from a settlement body for the purpose of his settlement, including any structures situated thereon at the time of the decision, shall terminate on the day fixed in the decision. (b) The committee shall specify in its decision the land, including the struc• tures, and the candidate and anyone holding it by his authority shall vacate it on the day fixed by the committee. i) Laws of Palestine vol. I, cap. 21, p. 157 (English Edition). 105 (c) When the decision has been filed in the Execution Office, that Office shall serve a copy thereof on the candidate and on anyone holding the land by his authority; and upon such. Bervice, the decision shall have the effect of an eviction order duly made in execution proceedings and requiring the candidate and anyone holding the land by his authority to vacate the land on the day fixed in the decision. Surrender 9. (a) If the committee so decides) every engagement or right under which the of movable property candidate holds movable property which, according to the decision of the committee consequent he received, directly or indirectly, from a settlement institution for the purpose upon removal of candidat«. of hi a settlement and which has not passed into his ownership, shall terminate on the day fixed in the decision. (b) The Committee shall specify the movable property in its decision, and the candidate shall surrender it to the settlement institution on the day fixed in the . ׳ .decision (c) When tho decision has been filed in the Executive Office, that Office shall serve a copy thereof on the candidate; and upon such service, the decision shall have the effect of an order to surrender movable property duly made in execution proceedings and requiring the candidate to surrender the movable property to the settlement institution on the day fixed in the decision. Eepayment of 20, (a) If the committee so decides, any loan which according to the decision of loans con sequent upon the committee the candidate received from a settlement institution for the purpose removal of of this settlement shall be due for repayment on the day fixed in the decision. candidate. (b) The committee Bhall specify the amount of any such loan in its decision, and the candidate shall repay it to the settlement institution on the day fixed in tho decision. (c) With regard to any matter relating to execution, tho decision Bhall have the effect of a final judgment of a competent court requiring the candidate to pay tho settlement institution, on the day fixed in the decision, any amount as aforesaid. Compensation 11. (a) If the candidate, with the consent of a settlement institution, has at his for improve- own expense improved the land which he received from tho settlement institution >:ienta. for the purpose of his settlement, — by the erection of structures or tho establish ment of plantations or in any other manner — the committee shall in its decision aBsess the value of Buch improvement as at the time of the decision, and the settlement institution shall pay the amount of the assessment to the candidate at the time of vacation. (b) The committee may, if it thinks fit BO to do having regard to the circumstances of the case, fix in its decision an amount which a settlement institu tion shall pay the candidate at the time of vacation as compensation for any improve ment as aforesaid made by him without the consent of the settlement institution, at his own expense, on the land" which he received from the institution for the purpose of its settlement. (c) If the candidate owes a settlement institution a debt by virtue of a decision under section 10,.the settlement institution may, upon directions from the committee, set off against such debt any amount due to the candidate from the settlement institution under his section. a the Compensation 12. ( ) candidate has contributed to the cost of the acquisition of movable for movable property to which section 9 applies, or has given any consideration whatsoever in property. connection with the receipt thereof, the committee shall in its decision assess the value of the said contribution or consideration, and the settlement institution shall 106 pay the amount of the assessment to the candidate at the time of the surrender of the movable property. (b) If the candidate owes the settlement institution a debt by virtue of a decision under section 10, the settlement institution may, upon directions from the committee, set off against such debt any amount due to the candidate from the settlement institution under his section. J 3, If the settlement from which the candidate has been removed is a corporate Termination of membership body, the candidate is deemed to have been expelled from that body on the day in corporate fixed by the committee in its decision, and his membership in that body shall ter• body con• sequent upon minate on that day. removal of candidate. 24. (a) A committee shall not decide to remove a candidate from an agricultural Alternative settlement for the reasons specified in section 6(a)(3) unless the settlement insti• establishment. tution, or the national settlement body with which that'settlement is organisationally connected, has previously undertaken to place at the candidate's disposal such land, equipment and credit as in the opinion of the committee will enable him to establish another farm the value of which is not less than that of the farm from which he is to be removed. (b) A decision of the committee as referred to in subsection (a) shall not be implemented before the chairman of the committee has certified in writing that the said undertaking has been fulfilled. 15. The Minister of Agriculture shall not refuse to recognise a body organising Duty to persons for agricultural settlement as a national settlement body for the purposes -recognise settlement of this Law if five or more settlements are organisationally connected with body. that body, 2g, A person whom a settlement institution has settled in an agricultural settle• Transitional ment after the day of the establishment of the State, but before the coming into provisions. force of this Law, may be removed from the agricultural settlement under the provisions of this Law if the demand for removal is submitted before the" expira• tion of three years from his settling or the expiration of two years from the coming into force of this Law, whichever is the later date. 27. (a) The Minister of Justice may make regulations prescribing the procedure Implementa• tion and . before the committee, regulations. (b) The Minister of Agriculture is charged with the implementation of this Law and may make regulations as to any other matter relating to such imple• mentation. MOSHE SHARETT PEKETZ NAPHTALI Minister of Foreign Affairs Minister of Agriculture Acting Prime Minister YITZOHAK BEN-ZVI President of the State 107 No. 47 ROAD TRANSPORT ORDINANCE (AMENDMENT No. 2) LAW, 5713—1953* Amendment 1 The Eoad Transport Ordinance1) shall be amended as follows: , ־ . .of Ordinance In subsection (1) of section 25, .the closing passage of paragraph (d), beginning with the word "Provided", shall.be replaced by the following closing passage: "Provided that such fees shall not exceed three pounds a year in respect of a bicycle and five pounds a year in respect of a tricycle.•". MOSHE SHARRET YOSEF SAPHIE '. Minister of Foreign Affairs Minister of Transport Acting Prime Minister YITZCHAK BEN-ZVI President of the State ־ ^ No. 48 PORTS ORDINANCE (AMENDMENT) LAW, 5713—1953** Amendment 1. The Ports Ordinance2) shall be amended as follows: of Ordinance. ' . (a) In section 13A — (1) subsection (1) shall be replaced by the following subsection: (1) (a) Where any vessel is sunk, stranded or abandoned in Israel in such manner that in the opinion of the Ports Authority it iB, or is likely to become, an obstruction or danger to navigation or an obstruction to the use of a port, the Ports Authority may, by written notice, the text and mode of Bervice of which shall be prescribed by rules, require the owner of the vessel to raise, remove or destroy such vessel, vor • to commence any of these' operations, within such time and in such manner as shall be specified in the notice, and the owner shall comply with such a requirement at his own expense; if the owner of the vessel or v his address is not known to the Ports Authority, a notice published in Reshumat without an indication of the name of the owner shall be regarded as a notice validly served upon him. (b) Where the owner of the vessel does not comply with any of the requirements contained in the notice, or the Ports Authority deems it necessary or expedient to raise, remove or destroy the vessel, or to commence any of these operations, before the expira tion of the time specified in the notice, the Ports Authority may " Passed by the Knesset on the 16th Av. 5713 (28th July, 1953) and published in Sefer Ha-Chukkim No. 130 of' the 26th Av, 5713 (7th August, 1953), p. 129; the Bill and Explanatory Note were published in HaUa'ot Chok No. 151 of the 6th Shevat, 5713 (22nd January, 1953). 1) Laws of Palestine vol. II, cap. 128 p. 1296 (English Edition). ** Passed by the Knesset on the 16th Av, 5713 (28th July, 1953) and published in Sefer Ha-Chukkim No. 130 of the 26th Av, 5713 (7th August, 1953), p. 130; the Bill and Explanatory Note were published in HaUa'ot Chok No. 152 of the 12th Shevat, 5713 (28th January, 1953), p. 114. 2) Laws of Palestine vol. II, cap. 114, p. 1168 (English Edition). 108 take possession of and raise, remove or destroy tlie vessel; pro• vided that if the owner of the vessel or his address in not known to the Ports Authority, and notice has been published in Heshumot in accordance with the closing passage of paragraph (a), the Ports Authority shall not take possession of the ,vessel for the purpose of raising, removing or destroying it before the expiration of two months from the' day of publication of the notice in Rcshumot. (c) Until the raising, removal or destruction of the vessel, the Ports Authority may, at the expense of the owner, light and buoy the vessel and do any act necessary in order to avert or lessen the dangers involved in the presence of the vessel in that place."; (2) the following subsection shall be added after subsection (2) : "(2A) In any of the cases, mentioned in subsection 1(b), the Ports Authority may sell the vessel while sunk, stranded or abandoned, either in return for the raising or removal thereof by the purchaser or fdr any other consideration or in any other manner; and any surplus remaining in the hands of the Ports Authority from the sale of the vessel shall be dealt with as if it were proceeds of a sale under subsection (2)."; (6) the following section shall be added after section 14E: "Desertion 14F. W ^he provisions of this section shall apply only to a to'join vessel. vessel registered in Israel. (2) (a) A person who has been hired and has served as a seaman in any vessel, and has quitted it abroad without sufficient cause with. intent not to continue his service therein (hereinafter in this suction: "deserter") is liable to imprisonment for a term of one year or to a fine not exceeding the amount of one year's pay at the rate of the pay earned by him in the vessel or to both such penalties. (b) The absence of a person as specified in subsection (a) from the vessel at the time of its departure from a foreign port and before the termination of his contract, and the entry of Buch absence in the logbook, shall, BO long as the contrary is not proved, be evidence of his quitting the vessel without sufficient cause and with intent not to continue his service therein. (3) A person who has been hired as a seaman and without sufficient cause has not joined his vessel on its departure from a foreign port IB liable to imprisonment for a term of one month or to a fine not exceeding one month's pay at the rate of the pay earned by him in the vessel or to both such penalties. (4) A person convicted under this section shall reimburse• any excesB of pay paid to another person hired aB a seaman in his stead, and the Court which convicted him may order the reim• bursement of such excess, and also the refund of any amount paid him in respect of the period for wlbich he had been hired to serve in the vessel but did not serve therein; these provisions shall not derogate from the right of the owner of the vessel to any legal relief to which he is entitled under another law, provided that he shall not be entitled to relief more than once in respect of the same damage. (5) (a) Where a person, having been hired as a seaman for 109 in a vessel, has quitted or not joined it on its departure׳ service from a place in Israel or abroad at the beginning or in the course ' of its voyage, whether or not his action constitutes desertion from the vessel, and he has left his belongings therein, the master of the vessel shall, as soon as possible, deposit Buch belongings at a police-station in an Israel port, together with a list indicating the name of the owner thereof and the name of the ship, and the person in charge of the police-station shall acknowledge receipt of the belongings in writing. (b) If the belongings are not claimed by their owner within six months from the day oh which they were deposited, they shall become the property of the Stato and shall be dealt with as the Minister of Transport may direct. (6) Where it appears to a court competent to deal with an offence under this section that there is reason to believe that a certain seaman has committed such offence, such court may, on the application of the owner of the ship or of the Attorney General or his representative, attach the pay due to the seaman aa security for any payment for which he may become liable under this section."; (c) in section 16 — (1) the wcrd3 "twenty five pounds" and "fifty pounds" in subsection (1) shall be respectively replaced by the words "two hundred and fifty poundr." and " five hundred pounds "; (2) the'words "one hundred pounds" in subsection (2) and subsection (2A) shall be replaced by the words "five hundred pounds"; (3) the words "fifty pounds" in subsection (3) shall bo replaced by the word s " five hundred pounds'' j (4) the following subsection shall be added at the end: "(5) A person who, whether in Israel or abroad, carries out' a function in navigating a vessel registered in Israel, or the owner of a vessel registered in Israel who permits a peraon to carry out a function in navigating it as aforesaid; such person not being qualified therefor under this Ordinance or any rule made thereunder, is liable to imprisonment for a term of one year or to a fine of one thousand pounds or to both such penalties."; (d\ in section 15A, the words "twenty five pounds" and fifty pounds" shall be respectively replaced by the words "two hundred and fifty pounds" and "five hundred pounds"; (e) in section 16(1) the words "one hundred pounds" shall be replaced by the words "five hundred pounds"; if) in section 17(1) — (1) paragraph (e) shall be replaced by trre following paragraph: "(e) (i) the control of vessels entering the confines of, or situated within any port; (ii) defining and designating any vessel as seaworthy or unBea- worthy and prohibiting the departure or navigation of an unsca- worthy vessel being in Israel or, in. the case of a vessel registered in Israel, even abroad, and preventing any departure or navigation as aforesaid;"; (2) paragraph (/) Bhall be replaced by the following paragraph: 110 "(/) (i) the training required for officers, engineers and Bailors of vessels; (ii) the examination and certification of officors, engineers and sailors of vessels, the inspection and recognition of foreign di• plomas, and the fees payable for examinations, certifications and inspections as aforesaid;"; (3) paragraph (1) shall be replaced by the following paragraph: "(1) prohibiting the pollution of port waters, a waterway, a navigable river, or any place on land from which pollution may spread to a port, waterway or navigable river; for the purpose of this paragraph, it shall be immaterial whether the pollution originates in refuse or in any other solid or liquid matter; rules under this paragraph shall be made only after consultation with the Minister of Health;"; (4) the following paragraphs shall be added after paragraph (pp) : "(ppl) the keeping and maintenance of a logbook in vessels registered in Israel, the entries to be made therein arid the inspection thereof, and the certification of authentic copies of such entries (copies certified as aforesaid shall be admitted as evidence in any legal proceeding); (pj>2) implementing the provisions of international conventions on shipping to which the State of Israel is a party ; (pp 3) the provision of guarantees or deposits as security for compliance with the provisions of this Law or any rule made thereunder, the , terms, amount, form, period and modes of provision of such guarantees or deposits, and recovery or forfeiture thereof in the event of any of the terms not being fulfilled;". 2. The expression "officer in charge of a port", wherever occurring in the Ports Oflioer in charge of Ordinance or in any other law, or in any document, shall henceforth be read "port port — change manager". of designation 3. Where, before the coming into force of this Law, three years have elapsed Transitional since a ship sank, stranded, or was abandoned, as specified in section ISA of the provisions. Ports Ordinance, and it has not been raised, removed or destroyed by its owner, it shall be deemed to be a ship whose owner has been required by notice of the Ports Authority under the said section to raise, remove or destroy it and has not complied with the requirement, and any act done by the Ports Authority in respect of such a ship after the 5th lyar, 5708 (15th May, 1948) and before the coming into force of this Law, and which would have been valid had it been done after tbiB Law came into force, shall be deemed to have been validity done. 4. The Ports Rules (Sea-Going Vessels), 1935»), shall be deemed to have been Bemovalof validly made. doubt. 5. This Law shall come into force on the 21st Elul, 5713 (1st September, 1952). Commence• ment. MOSHE SHARETT YOSEF SAPHIR Minister of Foreign Affairs . Minister of Transport Acting Prime Minister YITZCHAK BEN-ZVI President of th6 State l) P.O. No. 490 of the 24th January, 1935, Suppl. II, p. 85 (English Edition). Ill No. 49 DEFENCE REGULATIONS (CONTINUANCE IN FORCE) (TEMPORARY PROVISION) (No. 5) LAW, 5713-1953* Continuance 1_ The Defence Regulations specified in the Schedule shall continue in force in force, of !Defence until the 25th Te\et, 5714 (31st December, 1953). ltcb'ulations. Commence- 9 This Law shall, come into force on the 20th Blul, 0713 (31st August, 1953). meut. SCHEDULE (section 1) 1 Defence Regulations, 19391), except subregulations (9A) and (9B) of regulation 46B and exceptjegulations 47 and 50; 2. Defence (Amendment of Food Control Ordinance, 1942) Regulations, 1942-); 3. Defence (Amendment of Food Control Ordinance, 1942) Regulations, 1943••»); 4. Defence (Amendment of Food Control Ordinance, 1942) Regulations, 1914*); 5. Defence (Application of Food Control Ordinance, 1942) Regulations, 1942=); 6. Defence (Food Control) Regulations, 1942"); 7. Defence (Prevention of Profiteering) Regulations, 1944'); 8. Defence (Finance) Regulations, 1941«). MOSHE SHARE TT Minister of Foreign Affairs Acting Prime Minister YITZCHAK BEN-ZVI President of the State * Passed by the Knesset on the 30th Av, 5713 (11th August, 1953) and published in Sefer Ba-Chukkim No. 131 of the 9th Elul, 5713 (20th August, 1953), p. 136; the Bill and Explanatory Note were published in Batm'ot Chok No. 171 of the 26th Tammuz, 5713 (9th July, 1953), p. 250. 1) P.G. No. 914 of the 28th August, 1939, Suppl. II, p, 659 (English Edition). 2) P.O. No. 1200 of the 11th June, 1942, Suppl. II, p. 939 (English Edition). 3) P.G. No. 1260 of thé 8th April, 1943, Suppl. II p. 333 (English Edition). «) P.G. No. 1312 of the 13th January, 1944, Suppl. II, p. 17 (English Edition). 5) P.G. No. 1227 of the 8th October, 1942, Suppl. II, p. 1535 (English Edition). «) P.O. No. 1181 of the 29th March,1942, Suppl. II, p. 576 (English Edition). 7) P.G. No. 1359 of the 14th September, 1944, Suppl. IT, p. 939 (English Edition), s) P.G. No. 1138 of the 6th November, 1941, Snppl. II, p. 1677 (English Edition). 112 No. 50 STATE EDUCATION LAW, 5713—1953» In this Law — Inter• pretation. "State education" means education provided by the Sta'te on the basis oí the curriculum, without attachment to a party or communal body or any other organisation outside the Government, and under the supervision o£ the Minister or a person authorised by him in that behalf; "religious State education" means State education, with the distinction that its institutions are roligious as to their way of life, curriculum, teachers and inspectors; "the curriculum" means a curriculum prescribed by the Minister for the official educational institutions with a view, to attaining the object stated in section 2, and includes the "basic programme" to be prescribed by the Minister as an obligatory programme for every such institution; "State-educational institution" meanB an official educational institution in which State education is provided, but does not include a religious State- educational institution; "religious State-educational institution" means an institution in which reli• gious State education is provided; - , "supplementary programme" means a part of the curriculum to be prescribed or approved by the Minister under this Law and comprising not more than twenty-five.per cent of the lesson hours in an official educational institution; supplementary programme for a religious State-educational institution" means a supplementary programme comprising the study of the written and oral religious law and aimed at a religious way of life, and includes religious observance and a religious atmosphere within the institution; "pupil" means a child or an adolescent; The other terms have the samé meaning as in the Compulsory Education Law, 5709• —1949!) (hereinafter: "the Compulsory Education Law"). 2. The object of State education is to base elementary education in the State Object of on the values of Jewish culture and the achievements of science, on love of the Btate education. homeland and loyalty to the State and the Jewish people, on practice in agricultural work and handicraft, on chalutzic (pioneer) training, and'on striving for a society built on freedom, equality, tolerance, mutual assistance and love of mankind. 3. From the school year 6714 onwards, State education shall be introduced in Btate every official educational institution; in an official educational institution education from the which in the school year 6713 belonged to the Mizrachi trend or the Agudat Israel year 5714. trend or the religious section of the Labour trend, religious State education shall be introduced. 4. The Minister shall prescribe the curriculum of every official educational Ourrioulum. institution; in non-Jewish educational institutions, the curriculum shall be adapted to the special conditions thereof. 5. The Minister may prescribe for every official educational institution a supple• Supple• mentary programme to be introduced therein — either one programme for the whole mentary programme institution or different programmes for different or parallel classes; in the case prescribed by the Minister. Passed by the Knesset on. the 1st Elul, 5713 (12th August. 1953) and published In Sefer Ha-Chukkim No. 131 of the 9th Elul, 5713 (20th August, 1953). p. 137; the Bill and Explanatory Note were published in HaUa'ot Chok No. 170 of the 10th Tammuz, 5713 (23rd June. 1953), p. 242. Sefer Ha-Chukkim No. 26 of the 24th Elul, 5709 (18th September, 1949), p. 287. 113 of a religious State-educational institution, one of the supplementary programmes for a religious State-educational institution shall bo prescribed. Supple (J. On the demand of the parents of pupils in an educational institution, the mentary programme- Minister may, on conditions, prescribed by regulations, approve for that institution on this demand a supplementary programme other than that prescribed under section 5. of the parents. Supple 7. The Minister Bhall not exercise his power under section 6 if he is satisfied mentary programme that another supplementary programme will involve extra expenditure; provided not to involve .,that if the extra expenditure devolves on a local education authority, he may extra exercise the said power with the consent of that authority. expenditure. Additional g The Minister may, on conditions prescribed by regulations, approve for an programme. official educational institution, on the . demand of parents of pupils in tthat institution, a programme for hours additional to the hours prescribed in the curri involved in implementing the additional ׳ culum, provided that all the expenditure programme 3hall be borne by the parents of the pupils educated thereunder or by ׳ - .the local education authority which has undertaken to defray it Experimental 9, The Minister may, for experimental purposes, introduce in a particular official ourriculum. educational institution a curriculum not in accordance with the provisions of this Law; provided that he shall give advance notice of its introduction, in a manner prescribed by regulations, before the beginning of tho registration under section 20, and provided further that such an institution shall not be designated as the only nearby institution in respect of pupils living in-itB vicinity. Amal 10; (a) The Minister may order a local education authority, or several local gamation of educational education authorities, to amalgamate official educational institutions situated institutions. within its or their area or areas; however, he shall not order the. amalgamation of a State-educational institution with a religious State-educational institution. (b) The Minister shall not order the amalgamation of official educational insti tutions situated in the areas of two or more local education authorities unless he has given advance notice in writing to the local education authorities concerned, and unless they have• been given an opportunity to express their opposition, if any, to the Minister. Non-official 1] . The Minister may, by regulations, prescribe a procedure and conditions for ihe recognised declaration of non-official institutions as recognised educational institutions, the educational institutions. introduction therein of the basic programme, the management and supervision thereof and the assistance of the State towards their budgets, if and to the extent that tho Minister decides on such assistance. • . The Education 12. There shall be established a Committee on Matters of Education (hereinafter: Committee. "Education Committee"), the number of the members oí which shall not be less than fifteen. The members of the Committee shall be appointed by the Minister with the approval of the Government, each for a period of four years. Those ap• pointed shall be persons active in the field of education, employees of the Ministry of Education and Culture, whose number shall not exceed 25 per cent of tho total membership of the Committee, and candidates, of local authorities, the institutions of higher learning and the Teachers' Federation from lists submitted to the Minister upon his request. The Council 13. There shall be established a Council for Beligious State Education; the mem• for Religious State bers of the Council shall be appointed by the Minister with the approval of the Education. Government, each for a period of four years. Two members shall be representatives of the Minister, six shall be appointed from a list of twelve candidates proposed by the Minister of Beligious Affairs, three from a list of at. least six candidates 114 proposed, in accordance• with regulations, by teachers' organisations representing the religious teachers, and three from among the religious members of the Educa tion Committee. 1-4. The Minister shall consult the Education Committee before • exercising any of Powers of the Education the powers vested in him by this Law, except his powers under .sections 12, 29 Committee. and 32, and his powers under section 17 in respect of the first exercise thereof. J5 The Minister shall, in accordance with a procedure prescribed by regulations, Powers of the Council consult the Council for Beligious State Education before exercising. any of the for Beligious powers vested in him by this Law relating to religious State education, including State the power to appoint the Director of the Beligious Education Division in the Ministry .Education. of Education and Culture and the power to appoint inspectors, principals and teachers of religions State-educational institutions, but not including his powers under sections 12, 13, 31 and 32, nor his power under section 17 in respect of the first exercise thereof. 16. r-^ne supplementary programmes for religious State-educutional institutions Consent to supple shall be prescribed by the Minister with the consent of the Council for Beligious mentary State Education. programme. 1"_ The Minister shall enact statutes for the Education Committee and statutes Statutes. for the Council for Beligious State Education. The statutes shall lay down the procedure for the convening ond work of the Committee and the Council and rules for filling the place of members who do not attend any meetings thereof, and such other provisions as the Minister may think necessary for carrying out the task of the Committee or the Council, as the case may be. 18 The Council for Beligious State Education may, on religious grounds only, Iiisqualiil-1 cation of ־ disqualify a person for appointment or further service as a principal, inspector employees on or teacher at a religious State-educational institution. If a member of the Council religious grounds. as the ״objects to the disqualification decision, it shall not become effective so lon objection has not been determined in a manner prescribed by regulations. 19. A teacher, or any other employee at on educational institution, shall not Prohibition of conduct propaganda for a party or other political organisation among the pupils propaganda. of an educational institution. 20. For the purpose of fulfilling the duty mentioned in subsections (aa) and (d) of Registration of pupils. section 3 of the Compulsory Education Law a pupil shall be registered — (1) at a State-educational institution or religious Slate-educational institution near his place of residence; or — (2) if his place of residence is within the area of jurisdiction of a local education authority in which there is no official educational institution — with the local education authority; or (3) if the pupil is to receive his elementary education at a recognised educational institution other than an official education institution — at that recognised educational institution. ^ 21. The procedure for registration, the rules as to the responsibility for effecting Registration the same, the rules for determining the educational institution near to a pupil's regulations. place of residence, and the conditions under which it shall be permissible to register a pupil otherwise than in accordance with the provisions of section 20, shall be prescribed by regulations. 22. Every educational institution at which pupils have been registered under this Report on registration. Law and the Compulsory Education Law shall, in accordance with rules prescribed 115 by regulations, submit a report on such registration to the local education authority ־' .in whose area of jurisdiction it is situated Begistration 23. At the time of registration with a local education authority under paragraph with an edu -for a State ־ cation autho {2) of section 20, the registering parent shall state whether he opts rity in whose educational institution or a religious State-educational institution. The procedure area there is no official for making this statement shall be prescribed by regulations. educational institution. -the case of a local education authority in whose area there is a State 1° .24 ׳ Statement In special cases. educational institution,'but no religious State-educational institution, or vice versa, the registering parent may, at the time of registration under paragraph (1) of section 20, state that he desires the pupil to be given an education not provided within the area of that local education authority. Institution to 25. A pupil registered at an educational institution under section 20 or 21 shall he attended by the pupil. attend the educational institution at which he is registered; if the number of pupils registered at an institution exceeds the quota fixed for it in accordance with ruleB prescribed by regulations, the pupils exceeding the quota shall attend another educational institution determined for them in accordance with those rules, provided that a pupil registered at a State-educational institution shall not be assigned to a religious State-educational institution, and vice •versa. Institution 26. If within the area of a local education authority an official educational opened in pursuance of institution is opened in pursuance of statements made under section 24, the pupils statements. at the time of whose registration those statements were made sholl be deemed to have been registered at that time at the institution opened SB aforesaid. Amendment 27. The Compulsory Education Lav? shall be amended as follows: of Compulsory Education Law. (1) in section 1, the definitions of "Board of Education" and "recognised trend" shall be deleted: (2) in section 3 — (a) subsection (a) shall be replaced by the following subsections: "(a) The parents of a child of 5 years of age are each under a duty to register him, at such time and in such manner as may be prescribed by regulations, with the local education authority in whose area of jurisdiction the child is resident. If one of them has effected registra tion, the other shall be relieved of his duty."; (aa) The parents of a child of six years of age and over, or of an adolescent, are each under a duty to register him as specified in subsection (b) at an educational institution, or with a local education authority, as provided in sections 20 and 21 of the State Education Law, 5713—1953. If one of them has registered the child or adoles cent, the other shall be relieved of his duty."; (6) in subsection (b) — (i) paragraph (2) shall be replaced by the following paragraph: "(2) in respect of a child who at the beginning of the school year 5714 or at the beginning of any subsequent school year will be six years of age — at a time prescribed by regulations;"; (ii) the following paragraph shall be inserted after paragraph (4): "(5) in respect of a child of compulsory education age, or of an adolescent of compulsory education age, resident within the area of a local education authority in which there is no official educa tional institution, but in respect of which that authority has 116 announced, in a manner prescribed by regulations, that it is about to open such an institution therein — within thirty days from the day of such announcement;"; (c) in subsection (d) — (i) in the opening passage, the words "with the .local education authority in the area of whose jurisdiction he resides" shall be re• placed by the words "at an educational institution- or with a local education authority, as provided in sections 20 and 21 of the State Education Law, 5713—1953"; (ii) the following paragraph shall be inserted after paragraph (4): "(5) if the adolescent resides within the area of a local education authority in which there is no official educational institution for the elementary education of adolescents, but in respect of which that authority has announced, in a manner prescribed by regulations, that it is about to open such an institution therein — within thirty days from the day of such announcement;"; (3) in section 10 — (a) subsection (a) shall be repealed; (6) in subsection (b), the mark at the beginning thereof and the words "for elementary education of a certain recognised trend or another official educational institution" in the fourth line shall be deleted; (4) in section 14, the word? "the Board of Education' shall be replaced by the words "the Education Committee". 28. The Minister may order that the provisions of seotions 1—19, 29 and 34 of this Application Law shall, with such. modifications as he may in accordance with that purpose of Law to institutions prescribe, apply to training colleges for teachers and kindergartners. for the train• ing of teachers and kinder• gartners. 29. The Minister may delegate to another person all or any of the powers vested Delegation in him by this Law, except the power to make regulations and the powers conferred of powers. by sections 10(b), 12, 13 and 17. Notice of a delegation of powers under this section shall be published in Reshumot. 30. From the day of the coming into force of this Law to the end of the school Transfer of pupils in year 5714, a pupil shall not be transferred from one official educational institution the year 5714. to another without the approval of the Minister, unless he has changed his place of residence. 31. Where, in the school year 5714, a principal or teacher in an official educational Transfer of principals institution is transferred from one official educational institution to another by and teachers. reason of changes which have occurred or will occur in connection with the imple• mentation of this Law, such transfer, notwithstanding any practice to the contrary, shall not serve as a ground for a claim for compensation or any other payment in respect of failure to give advance notice of the transfer. 32. (a) Until a date to be determined by the Minister and to be published in Special provisions Reshumot, the parents of a pupil who attended an official educational institution for the year in the school 5713 may give written notice to the local education authority in 5714. , whose area the institution is situated of their desire' 117 total number of pupils who extended the institution in that year, the local education authority shall submit to the Minister a report on the programme chosen by the said parents and on the number of the pupils concerned. (c) If the programme is acceptable to the Minister and the number of pupils whose parents wish to have them educated thereunder is, in his opinion, sufficient to warrant the opening of an educational institution for them, the Minister may allot premises and equipment for the opening of such an institution, either of those that were held by the said official educational institution or other premises and equipment, or may direct or recommend the local education authority to allot pre• mises and equipment as aforesaid. (d) If the Minister is satisfied that the said institution has been opened and that premises and equipment have been placed at its disposal ensuring the regular provision of elementary education in accordance with the Baid programme, he shall declare that institution to be a recognised educational institution. (e) The provisions of this section shall add to the provisions of sections 11 and 20(3) in respect of the BChool year 5714, and shall not derogate therefrom. Respon• 33. (a) •^e cos^ °^ *ue maintenance and management of an educational institution sibility for institution opened under section 32 shall be borne by the parents of the pupils, and they shail opened under be jointly and severally responsible for any liability created by such maintenance and section 32. management. (b) If premises have been allotted to such an institution, by the State or a local education authority, for a specific period, then, notwithstanding anything pro• vided in any other law, the institution and any person holding them on its behalf shall vacate them upon expiration of that period. Imple• 34. The Minister is charged with the implementation of this Law and shall make mentation and regu• regulations as to any matter relating to such implementation, including regulations lations. as to — (1) the procedure for the supervision of State-educational institutions and the appointment of the inspectors, principals and teachers thereof; (2) the procedure for the supervision of religious State-educational institutions and the appointment of the inspectors, principals and teachers thereof, and the exercise of the right of the Council for Religious Education to propose candidates as teachers, principals and inspectors and to disqualify teachers, principals and inspectors for the continuation of their service, or to oppose their appointment, on religious grounds; (3) the introduction of the basic programme in recognised educational insti• tutions not being official educational institutions, and the supervision of the implementation thereof; (4) the adaptation of all or any of the provisions of this Law to the require• ments of the elementary education of non-Jewish pupils and the establishment of councils for such education; (5) the procedure for the transfer of a pupil from one institution for elementary education to another; (6) the cases in which he may order the closing of an official educational institution, or the provision of State education in such an institution otherwise than in accordance with section 3, if the number of its pupils falls short of the minimum, and rules for the provision of elementary education to such pupils; (7) the conditions on which an official educational institution shall be opened in pursuance of statements under section 24 or in accordance with the option under section 23; -118 (8) the prevention of any party or political propaganda, in any form •what• soever, in an educational institution, whether by the teachers and employees of the institution or by outsiders. This Law shall come into force on the day of its adoption by the Knesset. Commence- ment. MOSHE SHABETT BEN-ZION DINTJR Minister of Foreign Affairs Minister of Education and Culture Acting Prime Minister YITZCHAK BEN-ZVI President of the State No. 51 MARTYRS' AND HEROES' COMMEMORATION (TAD VA-SHEM) LAW, 5713—1953* J, There is hereby established in Jerusalem a Remembrance Authority, "Yad Remembrance Va-Shem'' 1). to commemorate — Authority ••Tad Va- 1) the six million members of the Jewish people who died a martyr's death Shem". ai the hands of the Nazis and their collaborators; •2) the Jewish families which were wiped out by the oppressor; 3) the communities, synagogues, movements and organisations, and the public, cultural, educational, religious and benevolent institutions, which were destroyed in a heinous attempt to erase the name and culture of Israel from under the skies; 4) the fortitude of Jews who gave their lives for their people in holiness and purity; 5) the heroism of Jewish servicemen, and of underground fighters in towns, villages and forests, who staked their lives in the battle against the Nazi oppressor and his collaborators; 6) the heroic stand of the besieged and fighters of the ghettoes, who rose and kindled the flame of revolt to save the honour of their people; 7) the sublime, persistent struggle of the masses of the House of Israel, on the threshold of destruction, for their human dignity and Jewish culture; 8) the unceasing efforts of the besieged to reach Eretz-lBrael in spite of all obstacles, and the devotion and heroism of brothers who went forth to rescue and liberate the survivors; 9) the high-minded Gentiles who jeopardised their lives to save Jews. 2. The task of Yad Va-Shem is to gather in to the homeland material regarding Function and powers of Xad all those members of the Jewish people who laid down their lives, who fought and Va-Shem. rebelled against the Nazi enemy and his collaborators, • and to perpetuate their memory and that of the communities, organisations and institutions which were destroyed because they were Jewish; for this purpose,. Yad Va-Shem shall be competent — * Passed by the Knesset on the 8th Elul, 5713 (19th August, 1953) and published in Safer Ha-Chukkim No. 132 of the 17th Elul, .5713 (28th August, 1953), P• 144; the Bill was published in Hatia'ot Chok No. 161 of the 9th Nisan, 5713 (25th March, 1953), p. 170. I) Yad Va-Shem = lasting memorial (literally: "a monument and a name"; see Isaiah LV1.5). 119 1) to establish memorial projects, on its own initiative and under its direction; 2} to collect, examine and publish all testimony of the disaster and heroism, and to bring home its lesson to the people; 3) ,firmly to establish in Israel and among the whole people the day appointed by the Knesset as the memorial day for the disaster and heroism, and to promote a custom of joint remembrance of the heroes and victims; 4) to confer upon the members of the Jewish people who perished in the days of the disaster and the resistance the commemorative citizenship of the State of Israel, as a token of their having been gathered to their people; 5) to approve and give guidance to projects concerned with perpetuating the memory of the victims and heroes of the disaster, or to cooperate with such projects; 6) to represent Israel on international projects aimed at prepetuating the me• mory of the victims of the Nazi and of those who fell in the war against them: 7) to do any other act required for carrying out its task. Tad Va-Shem 3. Yad Va-Shem is a corporate body, entitled to enter into contracts, acquire, — a corporate body. hold and dispose of property, and be a party to any legal or other proceeding. Governing 4. The governing bodies of Yad Va-Shem shall be a Council and an Executive. bodies of Tad Va-Shem. Budget of 5. The contribution of the Treasury towards the establishment and maintenance Tad Va-Shem. of Yad Va-Shem shall be fixed in the State Budget; Yad Va-Shem shall operate under its own budget, the revenue for which shall be derived from the said con• tribution and from material contributions of national and public institutions and organisations, from its own projects and services and donations, and from such moneys and other material resources as it may raise with the approval of the Government. Statutes of 6, The member of the Government empowered by it to implement this Law Tad Va-Shem. (hereinafter: "the Minister") shall, with the approval of the Government, enact the statutes of Yad Va-Shem, which shall come into force on the day of their publication in Reshumot. Provisions of The statutes ahall lay down — statutes. 1) the composition, mode of establishment and powers of the Council and the procedure for convening it ; 2) the composition, mode of establishment, powers and working methods of the Executive ; 3) the methods and procedure for the summoning of conferences and con• ventions ; 4) conditions for the receipt of commemorative citizenship, and the procedure for the grant thereof ; 5) the means of commemorating the participation of Jewish soldiers and underground fighters and inmates of the besieged ghettoes in the battles against the Nazi oppressor and his collaborators ; 6) the procedure for the preparation and approval of the budget, and provisions as to equipment and the administration of moneys ; 7) such other provisions as the Minister may decide to be necessary for the maintenance of Yad Va-Shem as a remembrance, authority. 120 8. The Minister may make regulations as to any matter relating to the imple Regulations. mentation of this Law. MOSHE SHARETT BEN-ZION DINUR Minister of Foreign Affairs Minister of Education and Culture Acting Prime Minister YITZCHAK BEN-ZV1 President of the State No. 52 TOBACCO ORDINANCE (AMENDMENT) LAW, 5713—1953* J, The Tobacco Ordinance!) shall be amended as follows: Amendment of Tobacco (a) (a linguistic amendment applying to Hebrew only); Ordinance. ־ — b) in section 2) (1) the definition of "Director" shall be replaced by the following defini tion : ' * "Director" means the Director of Customs and Excise"; (2) the words "and tobacco seeds" shall be added at the end of the definition of "tobacco"; (c) in section 3, the following subsections shall be added after subsection (2): "(3) The. Minister of Finance may, by order, exempt from excise manu factured tobacco intended for consumption by soldiers, police officers or prison officers and delivered to the Defence Army of Israel, the Police Force or the Prison Service, or to on institution approved by the Minister of Finance as. a special institution for the supply of commodities to sol diers, police officers or prison officers, and their families, only. (4) Manufactured tobacco exempt from excise under subsection (3) shall not be delivered to a person other than a soldier, police officer or prison officer unless the excise is .paid prior to delivery. (5) In this section — "Police Force" has the same meaning as in the Police Ordinance2); "the Prison Service" has the same meaning as in the Prisons Ordi nance, 19463)."; (d) in section 4 — "(1) the words "three years" in subsection (1A) (d) shall bo replaced by the words "two years"; (2) subsection (2A) shall be replaced by the following subsection: "(2A) The Director may limit in the permit, at the lime of isBuo, the area of any plot in which tobacco is to be planted, and he may also, Passed by the Knesset on the 8th Elul, 5713 (19th August, 1953) and published in Sefer tfa-Chukkim No. 132 of the 17th Elul, 5713 (28th August, 1953), p. 146; the Bill and an Explanatory Note were published in Batia'ot Choh No. 159 of the 2nd Nisan, 5713 (18th March, 1953), p. 164. Laws of Palestine vol. II, cap. 141, p. 1418 (English Edition). Laws of Palestine vol. II, cap. 112, p. 1145 (English Edition). P.G. No. 1472 of the 5th February, 1946, Suppl. I, p. 9 (English Edition). 121 with the consent of the Director General of the Minister of Agri• culture, determine in the permit the kind of tobacco which the grower is to plant."; (e) section 10 shall be re-marked as section 10(1), and the following sub• sections shall be inserted thereafter: "(2) Notwithstanding anything provided in subsection (1), the Director may, with a view to increasing the export of tobacco, direct any grower, dealer or manufacturer to sell the whole or a part of any tobacco which will be in his possession, whether potentially or actually, to such person as may be indicated in the direction, provided that a fair consideration is ensured to the seller. (3) The Director may fix prices for tobacco. (4) When the tobacco has been weighed and an appropriate transfer authorisation given, the grower and the dealer shall notify the Director, within thirty days from.the expiration of the period of authorisation, of any quantity of tobacco not transferred to its destination."; (J) in sections 11(1), 19(2) and 31(7), the words "and shall be renewable" shall be deleted; (g) in section 35, subsections 3 and 4 shall be replaced by the following sub• section : "(3) Cigarette paper imported in contravention of this section shall I be confiscated."; (h) in section! 36, tho first proviso Bhall be replaced by the following proviso: "Provided that the right to enter and search under this section shall not be exercised in a place used only for residential purposes unless a search warrant has been issued by a competent court."; (t) in section 37, the following paragraph shall be added after paragraph (d): "(e) manufactured tobacco delivered' in contravention of section 3(4)."; (y) in section 38, subsection (2) shall be replaced by the following subsections: "(2) A person who is found in possession of contraband tobacco is liable to a fine of fifteen pounds in respect of each kilogramme or part thereof, or treble the amount of the excise payable thereon, whichever is the larger amount, or, if he has been convicted once before of a like offence, to a fine as aforesaid or to imprisonment to a term of six months or to both such penalties. . (2A) (a) An officer of the Customs or any police officer may seize any meanB of conveyance which has been used in the importation, re• moval or transport of contraband tobacco, provided that he may not seize a means of conveyance the registered capacity of which exceeds 250 tons; but he may detain-a means of conveyance as aforesaid upon a direction from the Director. (b) Where a means of conveyance has been seized as aforesaid, the Court may order its confiscation. (c) Where a means of conveyance the registered capacity of which exceeds 250 tons has been detained as aforesaid, its owner shall be liable to a fine of ten thousand pounds, and upon payment of the fine, or upon security being given for its payment, the means of conveyance shall be restored to him. (d) Where a means of conveyance seized under paragraph (o) is an animal, the Director may direct that it shall be sold at a price to be prescribed. (e) Where a. means of conveyance ha3 been seized under this snb- section, and no criminal action for confiscation of the means if conveyance is filed with the Court within three months from the day of the seizure, or where an action is filed as aforesaid, but the Court does not order confiscation of the means of conveyance, the means of conveyance shall be restored to its owner or, if it has been sold, the consideration shall be paid to him."; (k) the following section shall be added after section 38: "How to 38. Whatsoever has been confiscated under this Ordinance shall things' con- be dealt with as the Director may direct.''; flscated. (I) in section 39 — (1) the following paragraph shall be added after Bubsection (l)(jj): "(h) delivers or receives manufactured tobacco in contravention of the provisions of section 3(4)"; (2) the words "fifty pounds" in Bubsection (4) shall be replaced by the words "one thousand pounds and confiscation of the tobacco"; (m) the following section shall be added after section 47: "Delegation 47A. ^lie• Director may delegate to another person all or any of ol powers. his powers under this OrdinancOrdinal e either generally or. in respect of particular matter or approval. 2 An act done before the coming into force of this Law which would have been Validation validly done had this Law been in force at the time shall bo deemed to have been o1 act3• validly done. MOSHE SHABETT LEVIESHKOL Minister of Foreign Affairs Minister of Finance Acting P.rime Minister YITZCHAK BEN-ZVI President of the State No. 53 TENANTS' PROTECTION (NEW BUILDINGS) LAW, 5713—1953* J. In this Law — Inter• pretation. "the Dwellings Ordinance" means the Bent Restrictions (Dwelling-Housaa) Ordinance, 1940!) ; "the Business Premises Ordinance" meanB the Rent Restrictions (Business Premises) Ordinance, 19412); "the Defence Regulations" means the Defence (Amendment) Begulations (No. 13), 19433). * Passed by the Knesset on the 8th Blul, 5713 (19th August, 1953) and published in Sefer Ha-Chukkim No. 132 of the 17th Elul, 5713 (28th August, 1953), p. 1«. The Bill and an Explanatory Note were published in HaUa'ot Chok No. 167 of the 1st Tamiauz, 5713 (14th June, 1953), p. 219. 1) P.G. No. 1065 of the 20th Deoember, 1940, Suppl. i; p. 289 (English Edition). 2) P.O. No. 1086 of the 31st March, 1941, Suppl. I, p. 19 (English Edition). 8) P.G. No. 1288 of the 9th September, 1943/Suppl. II, p. 804 (English Edition). 123 New 2 Where leased premises are situated in a building, or an addition to a building, buildings. the construction of which was completed after the 14th Tevet, 5713 (1st January, 1953), and they were first leased after the coming into force of this Law, and these facts are stated in the lease agreement, the provisions of the Dwellings Ordinance, the Business Premises Ordinance and the Defence Regulations shall not apply to such premises for five years from the day on which they were first leased. Buildings 3. Where buildings for factories and workshops have been erected by an approved of approved undertakings. undertaking, within the meaning of the Capital Investments Encouragement Law, 5710—19501), and they were first leased after the coming into force of this Law, and these facts are stated in the lease agreement, the provisions of the Dwellings Ordinance, the BusinesB Premises Ordinance and the Defence Begulations shall not apply to such buildings. Transfer 4. A tenant who, on renting premises to which section 2 or 3 applies, has paid of tenants rights. a substantial amount towards the cost of construction, may, within a period ending one year before the expiration of the lease agreement, notwithstanding any provision to the contrary in such agreement, transfer his rights in the lease to a suitable'other tenant, provided that in the case of business premises the other tenant may use the-premises only for purposes for which they were used prior to the transfer. Exemption 5. Where premises to which section 2 or 3 applies have been leased for a period from ending not later than five years and one month from the day on which they were registration of lease first leased, the lease shall not be regarded as a transfer of land requiring registration agreement. in the land register, notwithstanding the provisions of the Land Transfer Ordinance2). Imple• 6_ The Minister of Justice is charged with the implementation of this Law and mentation and regulations. may make regulations as to any matter relating to such implementation. MOSHE SHABETT PINCHAS ROSEN Minister of Foreign Affairs Minister of Justice Acting Prime Minister YITZCHAKBEN-ZVI President of the State No. 54 JUDGES LAW, 5713—1953* PRELIMINARY Subject of 1, This Law deals with the Judges of — iaw' (1) the Supreme Court; (2) the District Courts; (3) the Magistrate's Courts. 1) Sefer Ha-Chukkim No.. 41 of the 19th Nisan, 5710 (6th April, 1950), p. 129. 2) Laws of Palestine vol. II, cap. 81, p. 881 (English Edition). * Passed by the Knesset on the 9th Elul, 5713 (20th August, 1953) and published in Sefer Ha-Chukkim No. 132 of the 17th Elul, 5713 (28th August, 1953), p. 149; the Bill and an Explanatory Note were published in Hatia'ot Chok No. 148 of the 4th Tevet, 5713 (22nd December, 1953), p.90. 124 PART ONE: QUALIFICATIONS 2. The following are qualified to be appointed as Judges of the Supreme Court; Qualifications of Judges of (1) a person who has held office as a Judge of a District Court for a period of the Supreme Court. five years; (2) a person who is inscribed, or entitled to be inscribed, in the Roll of Advocates in Israel and who, continuously or intermittently, for not less than has been engaged ׳— ten years — including at least five years in this country in one or several of the following: (a) the profession of an advocate; (b) a judicial or other legal function, in the service of the State of Israel or another service, approved by the Minister of Justice, by regulations, for the purposes of this section; (c) the teaching of law at a university or law high school approved by the Minister of Justice, by regulations, for the purpose of this section; (3) an eminent jurist. 3. The following are qualified to be appointed as Judges of District Courts: Qualifications of Judges of District (1) a person who has held office as a'Magistrate for a period of four years; Courts. (2) a person who is inscribed, or entitled to be inscribed, in the Roll of Advocates in Israel and who, continuously or intermittently, for not leess than Bix years — including at least three years in this country — has been engaged in one or several of the occupations enumerated in section 2(2). 4. There is qualified to be appointed as a Judge of a Magistrates' Court a Qualifications of Judges of person who is inscribed, or entitled to be inscribed, in the Roll of Advocates Magistrates' in Israel and who, continuously or intermittently, for not less than three years — Courts. including at least one year in this country — has been engaged in one or several of the occupations enumerated in section 2(2). PART TWO: APPOINTMENT 5. The Judges shall be appointed by the President of the State upon the Mode of proposal of an Appointments Committee, to be brought before the President by the appointment. Minister of Justice. (J (a) The Appointments Committee (hereinafter: "the Committee") shall consist Compositionol of nine members, viz.: three Judges, being the President of the Supreme Court and two Judges of the Supreme Court to be elected by the body of Judges thereof for a period of three years; two members of the Government, being the Minister of Justice and one member of the Government to be elected by it; two members of the Knesset to be elected by it by secret ballot, who shall hold office so long as they are members of the Knesset and, if the term of office of the Knesset has expired, until the new Knesset elects other members in their stead; two practising advocates to be elected by the Council of the Israel Bar Association for a period of three years; their election is subject to the approval of the Minister of Justice; if a law is adopted establishing a Chamber of Advocates to organise the advocates' profession, the two advocates Bhall be elected by the Chamber of Advocates and the approval of the Minister of Justice shall not be required. (b) The composition of the Committee shall be published in Reshumot. 125 (c) The Minister of Justice shall be chairman of "the Committee. (d) The Committee may act even if the number of its members has diminished, so long as it has not fallen below six. Procedure 7, (a) Whenever the Minister of. Justice considers that a Judge should be ap• l'or the work of the pointed, he shall give notice to that effect in Reshumot and shall convene the Committee. Committee. (b) Candidates may be proposed by: the Minister of Justice; the President of the Supreme Court; three members of the Committee jointly. (c) A proposal of the Committee for the appointment of a Judge requires the support of a majority of the members participating in the voting; but a proposal of the Committee for the appointment of an eminent jurist! requires the support • of three quarters of the number of members participating in the voting. (d) Other rules for its deliberations and work shall be prescribed by the Committee itself. The President g, (a) The President of the Supreme Court and his permanent deputy shall be of the Supreme Court and his appointed in accordance with the provisions of section 5 from among the Judges of deputies. the Supreme Court. (b) If the President of the Supreme Court and his permanent deputy are prevented from carrying out their functions, the most senior of the Judges of the Supreme Court (and where several are of equal seniority, the oldest) shall act as deputy. Presidents 9. Presidents and Relieving Presidents of District Courts and Chief Magistrates of District Courte etc. shall be appointed by tho Minister of Justice in consultation with the President of the Supreme Court from among the Judges of the Courts of the grade in question. Acting 10. (B) The Minister of Justice may, with the consent of the candidate and in appointments. consultation with the President of the Supreme Court, appoint — (1) a Judge of the Supreme Court to be Acting President or Acting Judge of a District Court; (2) a Judge of a District Court to be Acting Judge of the Supreme Court, Acting President of a District Court, Acting Chief Magistrate or Acting Magistrate; (3) a Magistrate to be Acting Judge of a District Court or Acting Chief Magistrate. (b) Service, whether continuous or intermittent, by acting appointment under this section shall not exceed one year in three years. (c) A Judge who begins a hearing while serving under an acting appointment shall be competent to complete it even after the term of the appointment has expired. Declaration 11, A person appointed to be Judge shall, before assuming his functions, make ol' allegiance. the following declaration before the President of the State: "I pledge myself to bear allegiance to the State of Israel and to its laws, to dispense justice fairly, not to pervert the law and to show no favour." Validity of 12. After the appointment of a Judge has been published in Reshumot, it shall not appointment. be disputed. 126 PAET THREE: TENURE AND STATUS 13. A Judge, in judicial matters, is subject to no authority other than that of. the Independence of Judges. law. The Minister of Justice Bhall prescribe rules for the administration of the Bules for ad 14. ministration ' Courts and shall entrust their implementation to a Judge, who shall be responsible of Courts. ׳־• % .to him 15. A Judge shall hold office from the day of his declaration of allegiance, and Term of office of his tenure Bhall end only upon his death, resignation, retirement on pension, or Judges. removal from office by virtue of this Law. 16. J$ Judge may resign his office by submitting a letter of resignation to the Resignation. Minister of Justice; his tenure shall end upon the expiration of three months from the submission of the letter of resignation, unless the Minister of Justice has consented to a shorter period. 17. (a) The pensionable age of a Judge shall be seventy years, Pension. (b) A Judge shall be pensioned before that age — (1) if he so requests in a manner to be prescribed by regulations ; or (2) if the Appointments Committee, on the basis of a medical opinion, decides that by reason of his state of health he is unable to carry out his functions. 18. The salary of a Judge and the other payments to be made to him, either during Salary and othor or after his term of office, including the payments to be made to his dependants payments. after his death, shall be prescribed by a• decision of the Knesset, which latter may empower the Finance Committee in that behalf; decisions under this section shall be published in Beshumot. 19. 3£ Judge shall not be a member of the Knesset or of the council of a local Restrictions as to holding authority, but he may, with his own consent and the consent of the Minister other offices. of Justice, temporarily carry out another function on behalf of the State, or may carry out some other public function, if in his and the Minister's opinion and in that of the President of the Supreme Court this will not impair hiB status as a Judge. 20. If 'he Minister of Justice deems it neceBBary, for administrative reasons,-to Transfer of Judge to transfer a Judge permanently to a Court in another locality, he shall first obtain another the consent of the President of the Supreme Court to such transfer. locality. PART FOUR : DISCIPLINARY JURISDICTION 21 (a) Every Judge shall be subject to the jurisdiction of a Court of Discipline. Court of . Disoipline. (b) The Court of Discipline shall consist of five members, including three Judges of the Supreme, Court, or of three members, including two Judges of the Supreme Court, as the President of the Supreme Court may in respect of each case prescribe. (c) The members of the Court of Discipline shall be appointed, in respect of each caBe, by the body of Judges of the Supreme Court. (d) The President of the Court of Discipline shall be the President of the Supreme Court or his permanent deputy, or the most senior of the other Judges of the ! Supreme Court (and where several are of equal seniority, the oldest), according to the composition of the Court of Discipline. 12? Complaint 22. (a) ^e Minister of Justice may submit a complaint against a Judge on any against Judge. of the following grounds : (1) that the Judge has acted improperly in carrying out his functions; (2) that the Judge has behaved in a manner unbecoming his status as a Judge in Israel; (3) that the Judge has been convicted of an offence which in the circum stances of the case involves ignominy; (4) that the Appointments Committee has found that the Judge has obtained his appointment unlawfully. (b) The Minister of Justice may be represented before the Court of Discipline by his representative. (c) In hearing the complaint, the Court of Discipline shall have all the powers which a District Court has in a criminal case. findings of 23. (a) The Court of Discipline shall submit its findings — whether favourable the Court of Discipline; or unfavourable — to the Minister of Justice. removal of a Judge (b) If the Court of Discipline finds that the Judge is not worthy to continue from Office. in his functions, tho'Minister of Justice shall submit its findings to the President of the State, who shall remove the Judge, from office. Suspension a a of a Judge. 24. ( ) H complaint under this part or a criminal action is brought' against a Judge, the President of the Supreme Court may suspend the Judge from office for such period as he may think fit. (b) The Court of Discipline may, on the application of the Judge, rescind his suspension from office. PART FIVE: MISCELLANEOUS PROVISIONS Publication 25. Notice of the appointment and cessation of tenure of a Judge shall be published in Rcehumot. in Reshumot. Criminal action against 26. A criminal action against a Judge may be brought only by the Attorney Judge. General before a District Court consisting of three Judges. Transitional 27. •A person who held office as a Judge immediately before the coming into force provisions. of thiB Law — (a) shall be deemed to have been appointed under this Law; (b) shall make a declaration of allegiance in accordance with section .11 within two months from the day of the coming into force of this Law; thiB provision ־־ Bhall not apply to the Judges of the Supreme Court who made a declaration of allegiance at the inauguration of the Court in the year 5708. Imple mentation and 28. The Minister of Justice is charged with the implementation of this Law regulations. and may make regulations for such implementation, including regulations as to the procedure in the Court of Discipline. Repeal. 29. (a) ^There are hereby repealed — (1) sections 14 and 15 of the Courts Ordinance, 1940!); (2) section 1(c) of the Courta (Transitional Provisions) Ordinance, 5708— .(־1948 1) P.O. No. 1032 of the 25th July, 1940, Suppl. I, p. 143 (English Edition). 2) I.B. No 7 of the 23rd Sivan, 5708 (30th June, 1948), Suppl. I, p. 17; LSI vol. I. p. 23. 128 (b) The State President, Government Members, State Judges and State Compt roller (Fixing of Salaries) Law, 5711—1960!), shall not apply to the salary of the Judges dealt with by this Law. 30. This Law shall come into force on the day of its passage in the Knesset. men™6"06" , M03HE 8HARETT PINCHAS ROSEN Minister of Foreign Affairs Minister of Justice Acting Prime Minister YITZCHAK BEN-ZVI President of the Slate No. 65 EMERGENCY REGULATIONS (DEFENCE (FINANCE) REGULATIONS (AMENDMENT)) (EXTENSION OF VALIDITY) (No. 2) LAW, 6713—1953* 1, The validity of the Emergency Regulations (Defence (Finance) Regulations Extension of (Amendment)), 6711—19612), is hereby extended until the 26th Tevet, 6714 (31st validity. December, 1953). 2. This Law shall come into force on the 20th Elul, 5713 (31st AugUBt, 1953). Commence ment. MOSHE SHARE TT LEVI ESHKOL Minister of Foreign Affairs Minister of Finance Acting Prime Minister YITZCHAK BEN-ZVI President of the State 1) Safer Ha-Chukkim No. 62 of the 26th Kislev, 5711 (7th December, 1950), p. 10; LSI vol. V, p. 10. * Passed by the Knesset on the 9th Elul, 5713 (20th August, 1953) and published in Sefer Ha-Chukkim No. 132 of the 17th Elul, 5713 (28th August, 19537, p. 153; ־the Bill and an Explanatory Note were published in HaUa'ot Chok No. 175 of the 19th Av, 5713 (31st July, 1953), p. 278. 2) Sefer Ha-Chukkim No. 101 of the 14th Tammuz, 5712 (7th July, 1952), p. 256; LSI vol.. VI, p. 74. 129 No. 56 EMERGENCY REGULATIONS (COMPULSORY PAYMENTS) (AMENDMENT) (EXTENSION OF VALIDITY) LAW, 5713—1953* -The validity of the Emergency Regulations (Compulsory Payments) (Amend ־ Extension of J validity. ment),. 5713^-1953!), is hereby extended until the 20th Adar Bet, 5714 (31st March, 1954). MOSHE SHABETT LEVI ESHKOL Minister of Foreign Affairs Minister of Finance Acting Prime Minister YITZCHAK BEN-ZVI President of the State . No. 57 EMERGENCY REGULATIONS (FOREIGN TRAVEL) (AMENDMENT) LAW, 5713—1953** Amendment \m The Emergency Begulations (Foreign Travel), 5708—19482), shall be amended of Emergency as follows: Regulations. In regulation 3 — (1) subregnlation (c) shall be replaced by the following subregulation: "(c)(1) An exit permit may be issued — (a) to an individual; (b) to a, married couple; (c) to an individual or a married couple, in respect of himself or themselves and his or their children under 17 years of age. (2) The Minister of the Interior may permit the inclusion of a person under 17 years' of age in an exit permit of another person over 17 years of age even if such other person is not a parent of the person to be included."; (2) the following subregulation shall be added after subregulation (c): "(d) A fee of IL. 5.— shall be paid for an exit permit issued in respect of the applicant, and a fee of IL. 3.— shall be paid in respect of every \ additional person to whom the permit relates.". Validation 2. An act done after the 4th Av, 5713 (16th July, 1958) and before the coming of acts. into force of this Law, and which would have been validly done had this Law been in force at the time, Bhall be deemed to have been validly done. * Passed by the Knesset on the 9th Elul. 5713 (20th August, 1953) and published in Sefer Ha-Chukkim No. 132 of tie 17th Elul, 5713 (28th August, 1953), p. 153; the Bill and an Explanatory Note were published in Eatia'ot Choh No. 177 of the 28th Av, 57« (9th August, 1953), p. 282. 1) Kovett Ha-Takkanot No. 376 of the 9th Av, 5713 (21st July, 1953) p. 1252. ** Passed by the Knesset On the 14th Elul, 5713 (25th August, 1953) and published In Sefer Ha-Chukhim No. 133 of the 23rd Elul, 5713 (3rd September, 1953), p. 156; the Bill and an Explanatory Note were published in Hatia'ot Chok No. 176 of the 5th Elul, 5713 (16th August, 1953), p. 284. . 2) I.B. No. 33 of the 17th Cheshvan, 5709 (19th November, .1948), Suppl. I, p. 45; LSI vol. II, p. 16. 130 3. The Emorgeucy Regulations (Foreign Travel) (Amendment), 5713—1953i), are Repeal, hereby repealed. MOSHE SHARETT ISRAEL ROKACH Minister of Foreign• Affairs Minister of the Interior Acting Prime Minister YITZCHAK EEN-ZVI President of the State No. 58 MUNICIPAL CORPORATIONS ORDINANCE (AMENDMENT) LAW, 5713—1953* J, The Municipal Corporations Ordinance, 1954=), shall be amended as follows: Amnndmeut In section 8, subsection (b) shall be replaced by the following subsection : °r Ordinance "(b) The elections to all councils shall next be held on the day on which the elections to the Third Knesset will be held, and thereafter every four years on the first Tuesday in the Hebrew month in which the Third Knesset was elected; provided that tho Minister ,of the Interior may, in such special circumstances as in his opinion justify his doing so, prescribe a different election date for a particular municipal corporation. M.03HE SHARETT ISRAEL ROKACH Minister of Foreign Affairs Minister of the Interior Acting Prime Minister YITZCHAK BEN-ZVI ' ' President of the State 1) KoveU Ha-Takkanot No. 375 of the 1th Av. 5713 (16th July,. 1953), p. 1240. X'assed by the Knesset on the 11th Elul, 5713 (25th August, 1953) and published in ״ Sefer Ua-Chukkim No. 133 of the 23rcl Elul, 5713 (3rd September, 1953), p. 157; the Bill and an Explanatory Note were published in HaUd'ot Ohok No. 155 of the • 11th Adar, 5713 (26th February, 1953), p. 140. 2) P.O. No. 414 of the 12th January, 1934, p. 1 (English Edition); Sefer Ha-Chukkim No. 31 of the 8th Shevat, 5710 (26th January, 1950), p. 41. 131 No. 59 DEFENCE SERVICE (AMENDMENT) LAW, 5713—1953* Amendment 1. The Defence Service Law; 5709—1949!), shall be amended as follows: of Law. In Bection 6, subsection (f)(4), the words "until the 1st Tishri, 5714 (10th September, 1953)", shall be replaced by the words "until the 1st Tishri, 5715 (28th September, 1954)". Commence 2. This Law shall come into force on the 1st Tishri, 5714 (10th September, 1953). ment. MOSHE SHARETT PINCHAS LAVON Minister of Foreign Affairs Acting Minister of •Defence Acting Prime Minister YITZCHAK BEN-ZVI President of the State No. 60 PORTLAND CEMENT ORDINANCE (AMENDMENT) LAW, 6713—1953** Amendment 1, The Portland Cement Ordinance, 1944^) (hereinafter: "the Ordinance") shall of Ordinance. be amended as follows: (o) The word "Portland", wherever appearing, shall be deleted; "(6) in section 2, the definition of "cement" shall be replaced by the following definition: " "cement" means cement of any kind;"; (c) the following section shall be added after section 5: ,,Application 5A. 1ne provisions of the Customs and Excise Duties (Variation andfeciTe8 of Tariff) Law, 5709—19493), shall apply as if this Ordinance Duties were one of the laws specified in section 1 of that Law.". (Variation of Tariff) Law. ' Commence 2. This Law shall have effect retroactively as from the 15th Iyar, 5713' (30th ment. April, 1953). Passed by the Knesset on the 14th Elul, 5713 (25th August, 1953) and published in Sefer Ha-Chukkim No. 133 of the 23rd Elul. 5713 (3rd September, 1853), p. 157; the Bill and an Explanatory Note were published in Hatia'ot Chok No. 177 of the 5th Elul, 5713 (16th August, 1953), p. 285. Sefer Ha-Chukkim No. 25 of the 21st Elul, 5709 (15th September, 1949), p. 271; Sefer Ha-Chukkim No. 34 of the 26th Shevat, 5710 (13th February, 1950), p. 77; — of the 7th Tammuz, 5711 (11th July, 1951), p. 243 81־ .Sefer Ha-Chukkim No LSI vol. V, p. 167; Sefer Ha-Chukkim No. 84 of the 12th Tishri, 5712 (12th October, 1951, p. 2 — LSI vol. VI, p. 3; Sefer Ha-Chukkim, No. 109 of the 10th Elul. 5712 (31st August, 1952), p. 336 — LSI vol. VI, p. 145. Passed by the KnesBet on the 14th Elul, 5713 (25th August, 1953) and published in Sefer Ha-Chukkim No. 133 of the 23rd Elul, 5713 (3rd September, 1953), p. 158; the Bill and an Explanatory Note were published in HaUa'ot Chok No. 173 of the 8th Av, 5713 (20th July, 1953), p. 266. P.O. No. 1324 of the 16th March, 1944, Suppl. I, p. 39 (English Edition). Sefer Ha-Chukkim No. 19 of the 23rd Av, 5709 (17th August, 1949), p. 154. 132 3. The Portland Cement (Excise Duty) Order, 5713—19531), shall be deemed to Transitional have bee;i confirmed by a decision of the Knesset under section 2(a) of the Customs proision. and Excise Duties (Variation of Tariff) Law, 5709—1949. MOSHE SHARETT LEVI ESHKOL Minister of Foreign Affairs Minister of Finance Acting Prime Minister YITZCHAK BEN-ZVI President of the State No. 61 1953״—TYRES EXCISE LAW, 5713 In this Law — Inter pretation. "the Director" means the Director of Customs and Excise; "Officer-in-charge" means a person appointed by the Director to be Officer-in- charge for the purpose of this Law; "manufacturer" means any person manufacturing tyrea; "factory" meanB any place used for the manufacture of tyres; "dealer" means any person dealing in tyres;. "time of completion of manufacture", in relation to a tyre, means the time when, in the opinion of the Officer-in-charge, the tyre is fit for use; "this Law" includes the regulations made thereunder. 2. An excise, at the rate of 25 per cent of the "manufacturer's price", shall Imposition of be imposed on every tyre manufactured in Israel and intended for consumption excise. therein. The "manufacturer's price" shall be the amount determined by written agreement between the manufacturer and the Officer-in-charge as the price to be paid in Israel for a tyre sold by the manufacturer at the time prescribed for the payment of the excise in section 3; in the absence of agreement between the manufacturer and the Officer-in-charge, the Director shall decide. 3. The excise shall be payable by the manufacturer at the time of completion of Duty to pay the manufacture of the tyre; provided that the Director may postpone the time of excise. payment until the removal of the tyre from the factory if a guarantee has been given him in such form and on such conditions as shall be prescribed by regulations. 4. A person shall not manufacture tyres unless he has previously given the Duty to give Director written notice describing the factory and the location thereof, and he shall notice. not manufacture tyres save in that factory. 5. Every tyre manufactured in Israel shall bear such markings as shall be pre Marking of scribed by regulations (hereinafter: "markings"), and the marking shall, for.the tyres. purpose of section 339 of the Criminal Code Ordinance, 1936.2), be deemed to be a stamp used for purposes of the revenue of the State. >) KoveU Ha-Takkanot No. 359 of the 15th Iyar 5713 (30th April, 1953), p. 994. • Passed by the Knesset on the 14th Elul, 5713 (25th August, 1953) and published in Sefer Ha-Chukkim No. 133 of the 23rd Elul, 5713 (3rd September. 1853), p. 158; the Bill and an Explanatory Note were published in Eatea'ot Chok No. 167 of the 1st Tammuz, 5713 (14th June, 1953), p. 216. 2) P.O. No. 652 of the 14th December, 1936, Suppl. I, p. 285 (English Edition). 133 Removal of Q. A person shall not remove a tyre from a factory unless — tyres from factory. , (1) an Officer-in-charge has certified that the exciso.on the tyre haB been paid or ihat the tyre is not chargeable with excise under this Law; and (2) the tyre has been furnished with markings. Decision 7. A person who considers himself aggrieved by a refusal c£ an Officer-in charge of the Direotor. to certify as specified in section C(l) may apply to the Director for a final decision. Prohibition 8. A dealer shall not have in his possession, or transfer to another person in of possession of tyres not any manner whatsoever, o tyre manufactured in Israel which does not bear heaving markings. , markings. Prohibition 9 A person shall not have in his possession, or transfer to anothor person in any of possession manner whatsoever, a tyre manufactured in Israel and intended for use therein, of tyres the excise on unless the excise thereon has been paid; a person contending that the excise has which has not been paid shall bear the onus of proving such contention, and the markings ou the been paid. tyre shall serve as evidence of payment. Registers 10. A manufacturer shall keep, such registers, and shall make such returns, as and returns. shall be prescribed by regulations, and an Officer-in-charge may, at any reasonable time, inspect .the registers kept as aforesaid.. Office for 11. A manufacturer shall provide in the factory, to the satisfaction of the Director, Officer-in- CilftVge. a suitable place for the office of the Officer-in-charge. Subsidiary 12. •^n Officer-in-charge, or a State employee authorised in that behalf by the powers. Director, may, if he is satisfied that such ia necessary to ensure the implementation of this Law or to prevent an offence against any of its provisions — (1) enter and search, at any reasonable time,' any place of which he has reason to believe that it is used as a factory, or that tyres are kept therein, or that an offence against a provision of this Law is or has been committed therein; provided that he may not enter as aforesaid a place usod for residential purposes, save under a search warrant issued by a competent court; (2) exercise all the powers conferred on a police officor of the rank of inspector by section 2 of the Criminal Procedure (Evidence) Ordinance1); and sections 3 and 4 of that Ordinance shall apply to a statement taken by an Officer-in charge in exercise of the said powerB; (3) inspect any tyre found in a place entered by him in accordance with paragraph (1) and seize any tyre of which he has reason to believe that an offence against a provision of this Law has been committed in respect thereof, and any thing which, in his opinion, is likely to facilitate the detection of such an offence or to serve as evidence of Buch an offence in judicial proceedings; provided that if, within three months from the do.y of the seizure, no criminal ' charge is filed in respect of the offence by reason of which the tyre or other thing was seized, Buch tyre or other thing shall be restored to the person from whom it was seized. Penalties. 13. A person who contravenes any of the pro^neions of this Law'is liable to imprisonment for a term of two years or to a flno of two thousand pounds or of treble the amount of the excise due on the tyres in respect of which the offence was committed, whichever is the larger amount, or to both imprisonment and a tine. Where a person is convicted of an offence as aforesaid, the Comfc may, in addition to any other penalty, order the forfeiture of all or any of the tyres in respect of l) Laws of Palestine vol. I, oap. 34, p. 467 (English Edition). 134 which the offence1 was committed; if the Court orders the forfeiture of tyres as aforesaid, they shall be dealt with as the Director may direct. 24. Where a company, cooperative society or any other body of persons has Responsibili ty of directors been found guilty of an offence under section 13, every director, manager, partner and managers. or official thereof shall! likewise be regarded as responsible for such offence and may be prosecuted and punished as if he had committed it unless he proves— (1) that it was committed without his knowledge; or (2) that he took all appropriate steps to ensure compliance with the provisions of this Law. 15. The provisions of the Customs and Excise Duties (Variation- of Tariff) Law, Application 1 of Customs - 5709—1949 ), shall apply as if this Law were one of the laws specified in section and Excise 1 of the said Law. Duties (Variation of Tariff) Law, 16. The Minister of Finance is charged with the implementation of this Law and Implementa tion and may make regulations as to any matter relating to ouch implementation, including regulations. regulations as to— (1) the manner in which tyres shall be stored and kept; (2) the refund of excise erroneously collected, or paid on tyres which have been damaged, destroyed or lost; (3) the refund of excise, or part thereof, paid on a stock of tyres, in the event of the excise being reduced or remitted; .i the conditions of the removol from the factory of tyros intended for export(4׳) MOSHE SHARETT LEVIESHKOL Minister of Foreign Affairs Minister of Finance Acting Prime Minister YITZCHATC BEN-ZVI Präsident of'the State No. 62 ANATOMY AND PATHOLOGY LAW, 5713—1953* 1 In this Law — later• ' pretation, "medical school" means a university or medical school in Israel recognised uncler the Medical Practitioners Ordinance, 19472). 2, The body of a deceased person who consented in writing that it should be Disseotion. used for scientific purposes, and the body of a deceased person which the person entitled to claim it under the regulations has not claimed within the time and in tha manner prescribed by the regulations, may be dissected at a medical school for purposes of study and research. Sefer Ha-Chukkim No. 19 of the 22nd Av, 5709 (17th May, 1949), p. 154. Passed by the Knesset on the 15th Elul, 5713 (26th August, 1953) and published in Sefer Ha-Chukkim No. 134 of the 24th Elul, 5713 (4th September, 1953), p. 162; the Bill and an Explanatory Note were published in flot»a'ot Chok No. 162 of the 18th Iyar, 5713 (3rd May, 1953), p. 183. P.G. No. 1637 of the 30th December, 1947, Suppl. I, p. 322 (English Edition). 135 Duty of 3. A person who has in his possession a body as specified in section 2 shall notify notification and band• such fact to a medical school, and shall hand over the body to it on its demand, ing over. within the time and in the manner prescribed by the regulations; but this provision doeB not apply to a person to whom the body haB been handed over for burial only. Inap• 4. In the case of a body as specified in section 2, the provisions of sections 8(2) plicability of 1 provisions and 22(6)(o) of the Public Health Ordinance, 1940 ), shall not apply and shall of Public be replaced by provisions to be enacted by the regulations. Health Ordinance. Burial. 5. (a) Not later than one year from the day on which it is received by the medical school, the body and its dissected parts shall be buried in accordance with the law of the religious community to which the deceased belonged, and" the entire cost of the burial shall be borne by the medical Bchool. (b) The medical school may retain the body or parts thereof if the deceased consented thereto in writing or if the person entitled to claim the body under the regulations has not objected thereto within the time and in the manner pre• scribed by the regulations. Anatomico- g. A physician may operate on a body in order to ascertain the cause of death pathological operations. or to use a part thereof for the curative treatment of a person if it has been confirmed by a certificate signed by three physicians authorised in that behalf in accordance with tho regulations that the operation serves one of the said purposes. Penalties. 7. (a) A person who hands over to a medical school a body in respect of which the requirements of section 2 are not fulfilled or who dissects a body not in the possession of a medical school or who operates on a body otherwise than in accordance with section 6 is liable to imprisonment for a term of three years or to a fine of 1500 pounds or to both such penalties. (a). A person who contravenes the provisions of section 3 or section 5(a) is liable to imprisonment for a term of one year or to a fine of 500 pounds or to both such penalties. Implementa• 8. The'Minister of Health is charged with the implementation of this Law arid tion and regulations. may make regulations as to any matter relating to such implementation, including regulations as to notification of death. Saving. 9. This Law shall not affect the provisions of the Coroners Ordinance2). MOSHE SHAEETT YOSEE SERLIN Minister of Foreign Affairs Minister of Health Acting Prime Minister YITZCHAK BEN-ZVI President of the Slate 1) P.O. No. 1065 of the 20th December, 1940, Suppl. I, p. 239 (BngliBh Edition). 2) Laws of Palestine vol. I, cap. 26, p. 392 (English Edition). 136 No. 63 1953״—NATIONAL SERVICE LAW, 5713 1, In this Law — ••*person eligible for service" means a woman who has been exempted from Inter pretation. defence service under section 11(d) of the Defence Service Law, 5709—19491), and who is of any age from 18 to 26 years inclusive; "national service" means any of the following: — (1) service in agricultural work or in agricultural training, either in a religious agricultural settlement or in a religious agricultural institution ; (2) labour service for the Defence Army of Israel, or other labour service for the security of the State ; (3) service in an immigrants' camp, a ma'bara (immigrants'' transitional settlement), an educational or Bocial welfare institution or an institution for medical care; (4) labour service in another institution of the State defined by the Minister as an institution for the purpose of this Law;' "the Minister" means the member of the Government on whom the Govern ment haB conferred the power to implement this Law. 2. A person eligible for service is liable to national service for a period of 24 National service. months. 3. The Minister shall appoint inspectors for the purpose of this Law. The appoint Inspectors. ment may be general or restricted and notice thereof shall be published in Reshumot. 4. (a) The nature, conditions, place and time of national service shall be pre Service and conditions scribed by an inspector by order. thereof. (b) The kind of service within the framework of the national service shall be prescribed by the inspector having regard to the preference of the person eligible for service. Disciplinary 5, An order regulating matters of discipline 3hall bo made only by an inspector orders. whose appointment is general. . Fitness for 6. An inspector shall make an order under section 4 only in respect of a percon national eligible for service who has been found medically fit for national service. The service. provisions of the Defence Service Law, 5709-1949, reloting to the determination of fitness for defence service shall r-pply, with adaptations to be prescribed by regulations, to the determination of fitnes3 for national service. Calculation 7. The calculation of age for the purpose of this Law shall be made in accordance of age. with the provisions of the Defence Service Law, 5709—1949, relating to the calculation of age. Religious 8. A person eligible-for Bervice exempted from defence service on religious grounds way of life. shall be assured during her national service of an opportunity to maintain a religious way of life, in accordance with rules to be prescribed by regulations. Passed by the Knesset on the 15th Elul, 5713 (26th August, 1953) and published in Sefer Ha-Chukkim No. 134 of the 24th Elul, 5713 (4th September, 1553), p. 163; the Bill and an Explanatory Note were published in BaUa'ot Chok No. 173 of the 8th Av, 5713 (20th July, 1953), p. 268. Sefer Ha-Chukim No. 25 of the 21st Elul, 5709 (15th September, 1949), p. 271. 137 Duty to 9. A person eligible for service shall perform on national service any task lawfully task?1"1 assigned to her, and shall obey any lawful direction given her by her superior at the time of her service. Compensation ] 0. •F°r the purpose of the Workmen's Compensation Ordinance 19471), and of any in respect of industrial other Law providing for compulsory insurance against industrial injuries, a person injury. eligible for service shall, while on national service, be deemed to be a workman; and the person for whom she works shall'be deemed to be her employer. Duties of 11. The duties of a person for whom a person eligible for service works in connection employers. with her national service shall be prescribed by an inspector by order. Exemption. 12. 'A married'woman is exempt from national service. In this section, "married woman" means also the mother of a child, a pregnant woman and a woman who has married during the period of her national! Bervice. Belief from 13. The Minister shall appoint general or special boards for national service which duty by boards. shall be authorised to grant relief from the duty of national service, or to postpone the service, for family, educational or economic reasons or for reason3 connected with a family's special way of life. Application to a board shall not suspend liability to service unless the board otherwise orders. Relief from 14. The Minister may grant relief from the duty of national service for any of the duty by Minister. reasons enumerated in section 13, either on his own motion or upon an objection to a decision of a board for national service. Orders — general 15. An order under this Law may be personal or to a particular class of persons provisions. and does not require publication in Reshvmot. The order binds the person to whom it relates from the time at which it comes to his or her knowledge. Order sent An order Bent by registered post to the permanent residential address of the by p03t. 16. person to whom it relates is considered to have) come to the knowledge of such person at the expiration of 72 hours from the time at which it was delivered to the post office for despatch. 0 fiances. 17. A person who — , (1) does not fulfil a duty imposed under this Law; or (2) refuses to obey, or is negligent in. carrying out, a direction lawfully given, i3 liable to imprisonment for a term of one year or to a fine of one thousand pounds or to both such penalties or, where the person does not fulfil a duty imposed under this Law with intent to evade national service,' to imprisonment for a term of three years. Operation of 18. Where an order has been made under this Law imposing on a person eligible orders. for service a duty to be fulfilled at a time prescribed in the order, and she has not fulfilled tiie duty at such time, the order shall remain in force with regard to her until she fulfiU the duty; the provision of this section does not affect the criminal liability 01! a person eligible" for service for non-fulfilment of a duty at the time prescribed in an order, and her conviction of non-fulfilment of a duty imposed on her does not relieve her from that duty. Regulations. 19. The Minister may make regulations as to any matter relating to the imple- • ־ .mentation of this Law 1) P.O. No.1604 of the 16th August, 1947, Sufcpl. I, p. 186 (English Edition). 138 20. Tüia Law docs not apply to any person eligible for service who ,was exempted Application, from defence service, whether before or after the coming into force of this Law, on an application submitted to an exemption board before the 1st Av, 6713 (13th July, 1963). MOSHE SHARETT . OOLDA MYERSON Minister of Foreign Affairs Minister of Labour Acting Prime Minister YITZCHAX BEN-ZVI President of the State No. 64 RABBINICAL COURTS JURISDICTION (MARRIAGE AND DIVORCE) LAW, 5713—1953' \ _ MatterB of marriage and divorce of Jews in Israel, being nationals or residents Jurisdiction in matters of of'the State, shall be under the exclusive jurisdiction of rabbinical courts. marriage, and divorce 2 Marriages and divorces of Jews Bhall be performed in Israel in accordance Performance of marriages with Jewish religious law. and divorces. 3_ Where a suit for divorce between Jew3 has been filed in a rabbinical court, Jurisdiction in matters whether by the wife or by the husband, a rabbinical court shall have exclusive incidental jurisdiction in any matter connected with such suit, including maintenance for to divorce. the wife and for the children of ihc couple. 4. Where a Jewish wife sues her Jewish husband or his estate' for maintenance Jurisdiction in matters of in a rabbinical court, otherwise than in connection with divorce, the plea of the maintenance. defendant that a rabbinical court has no jurisdiction in the matter shall not be heard. 5. Where a woman sues her deceased husband's brother for chalitza'1•) in a Jurisdiction in matters rabbinical court, the rabbinical court shall have exclusive jurisdiction in the matter, of chalitia. also as regards maintenance for the woman until the day on which chalitza is given. '(J. Where ',a! rabbinical court, by final judgment, has ordered that a husband be Compelling the grant or compelled to grant his wife a letter of divorce or that a wife be compelled to acceptance accept a letter of divorce from her husband, a district court may, upon expiration of a letter of divorce. of six months from the day of the making of the order, on the application of the Attorney General; compel compliance with the order by imprisonment. Where a rabbinical court, by final judgment, has ordered that a man be Compelling 7־ compelled to give his brother's widow chalitza, a district court may, upon expiration the giving of chalitza. of three months from the day of the making of the order, on application of the Attorney General, compel compliance with the order by imprisonment. Passed by the Knesset on the 15th Elul, 5713 (36th August, 1953) and published in Sefer Ha-Chukkim No. 134, of the 24th Elul, 5713 (4th September, 1953), p. 165; the Bill and an Explanatory. Note were published in Hatia'ot Chok No. 163 of the 27th Iya.r, 5713 (12th May, 1953), p. 186. Performance of the ceremony releasing him from the duty of marrying her (Tr.) 139 Finality of 8, For tbe purpose of sections 6 and 7, a judgment shall be regarded as final when judgment. it is.no longer appealable. Jurisdiction 9. In matters of personal status of Jews, as specified in article 51 of the by consent. Palestine Orders in Council, 1922 to 1947, or in the Succession Ordinance, in which a rabbinical court has not exclusive jurisdiction under this Law, a rabbinical court shall have jurisdiction after all parties concerned have expressed their consent thereto. Validity of 10. A judgment given by a rabbinical court after the establishment of the State judgments. and before the coming into fprce of this Law, after the case had been heard in the presence of the litigants, and which would have been validly given had this Law been in force at the time, shall be deemed to have been validly given. Imple-, J J, The Minister of Religious Affairs' is charged with the implementation of this mentation. Law. MOSHE SHARETT MOSHE SHAPIRA Minister of Foreign Affairs Minister of Religious Affairs Acting Prime Minister YITZCHAK BEN-ZVI President of the State No. 65 SUPREME HEBREW LANGUAGE INSTITUTE LAW, 5713—1953* Establishment , 1. (a) There is hereby established a Supreme Institute for the Science of the and seat of Institute. Hebrew Language; the Institute is an academy of the language and shall itself determine its name. (b) The seat of the Institute 1B in Jerusalem. Function of, 2. The function of the Institute is to guide the development of the Hebrew the institute. language on the basis of research in the language in its various periods and branches. The 3. The Institute is a corporate body. It may enter into contracts, acquire, hold Institute — a corporate and transfer property, sue and be sued, and do any act incidental to the carrying body. out of its functions. Composition 4. (a) The number of the members of the Institute shall be not less than fifteen of the Institute. and not more than twenty-three. Not more than twenty-five per cent of the members may be resident abroad. (b) For the purpose of appointing tbe first fifteen members of the Institute, • be appointed, of whose־ and only for that purpose, an appointment body shall members four shall be appointed by the Government, five by the Hebrew Language Committee, and two by .the World Zionist Organisation. After the appointment of the first fifteen members by the said body, the Institute shall itself appoint Passed by the Knesset on the 16th Elul, 5713 (27th August, 1953) and published in Sefer Ba-Chukkim No. 135 of the 26th Elul, 5713 (6th September, 1953), p. 168; the Bill and an Explanatory Note were published in BaUa'ot Chok No. 167 of the 1st Tammuz, 5713 (14th June, 1953), p. 214. 140 its members. Notice of the} composition of the Institute and of every additional appointment of members shall be published in Reshumot. (c) At the expiration of one year from the appointment of the first fifteen members, and thereafter every year, the Institute Bhall appoint not more than two additional members, until the number of members reaches twenty-three; the Institute shall also appoint a new member whenever the place of a member falls vacant for any reason. (d) The members of the Institute are appointed for life, but the Institute may regard the place of a member as having fallen vacant, and may appoint another member in his Btead or appoint a temporary substitute for him, if he has not attended the meetings of the Institute for a whole year, or if it is known in advance that he will not so attend, or if he has been convicted of an offence which in the circumstances of the case involves ignominy, or if he himself so requests. (e) The validity of the proceedings of the Institute shall not be affected by the fact that the place of any of its members has fallen vacant, or by any defect in the appointment of a member. 5, The Institute may appoint advisory members, provided that their number shall Advisory not exceed the number of the members of the Institute. members. g. The affairs of the Institute Bhall be conducted by an Executive Board to be Exeoutive elected by the members of the Institute. Board. 7. The Institute Bhall enact Statutes laying down, inter alia Statutes. (1) the rules according to which the Institute shall appoint its members; (2) the procedure for the business of the Institute and its committees ; (3) the rules according to which advisory members of the Institute shall be appointed, and the functions of such advisory members; (4) the composition, mode of establishment and procedure of business of the Executive Board and other organs of the Institute ; (5) the procedure for the preparation and approval of the budget, and directions concerning property and the administration of moneys. g. The Statutes of the Institute, and any change or amendment therein, are Approval and publication subject to the approval of the Minister of Education and Culture and shall be in Reshumot. published in Reshumot. Decisions of 9, Not leBs than twice a year, the Institute Bhall publish its decisions as to the Institute. matters of the Hebrew language. Decisions 10. Decisions of the Institute as to matters of grammar, spelling, terminology or published in transliteration, published by the Minister of Education and Culture in Reshumot, Reshumot. shall be adhered to by educational and scientific institutions, by the Government and its departments and agencies, and by the local authorities. The Institute H, The contribution of the State to the budget of the Institute Bhall be included an assisted in the budget of the Ministry of Education and Culture. body. Transitional 12. On the day of the coming into force of the Statutes of the Institute, all the provision. assets, property and liabilities of the Hebrew Language Committee shall pass to the Institute, and the Hebrew Language Committee Bhall cease to exist. 141 Implement*- ! 3. The Minister ol Education and Culture is charged with the implementation of this Law. MOSHE SHAEETT BEJT-ZION DINDR Minister of Foreign Affairs Minister of Education and Culture Acting Prime Minister YITZCHAK BEN-ZVI President of the State No. 66 INCOME TAX ORDINANCE (AMENDMENT) LAW, 5713—1953* Inter• 1 _ In this Law, every term shall have the same meaning as it has in the Income pretation. Tax Ordinance, 1947!) (hereinafter: "the Ordinance"), and this Law shall be read as one with the Ordinance unless the context otherwise requires. Amendment of 2. In section 2 of the Ordinance, the definition of "tax" shall be replaced by the section 2. following definition: " "tax" or "income tax" means income tax or company profitB tax imposed by this Ordinance;". Amendment of 3, Section 5A of the Ordinance shall be amended as follows: section 5A. (a) In subsection (4), paragraph (b) shall be replaced by the following paragraph: "(b) Eor the purpose of this subsection — "approved investment" means — (1) property used for agriculture; and (2) property used for industry, building, transport or any other under• taking, provided that investment in the class of property concerned has been approved by order of the Minister of Finance."; (b) in subsection (11), between the word "increased" and the full stop at the end of paragraph (e), there shall be added the words "by the loss not set off"; Addition of 4 The following section shall be added after section 8 of the Ordinance: section 8A. "Exemption 8A. The Minister of Finance may, with he approval of the in respect of high-cost- Finance Committee of the Knesset, direct bjr order that a specific •of-living part of a high-cost-of-living allowance which is included in the allowance. income according to section 5(1) (b) and the amount of which is stated in the order shall be exempt from the tax."; Amendment of 5 The following paragraph shall be added at the end of section 14 of the section 14. Ordinance: Passed by the Knesset on the 16th Elul, 5713 (27th August, 1953) and published in Sefer Ha-Chukkim No. 135 of the 26th Elul, 5713 (6th September, 1953), p. 169; the Bill and an Explanatory Note were published in EaUa'ot Chok No. 174 of the 14th Av, 5713 (26th July, 1953), p. 272. P.O. No. 1568 of the 29th March, 1947, Suppl. I, p. 93 (EngliBh Edition). 142 "However, a person whose chargeable income before deductions under this section and section 15B is less than 5,720 pounds shall be allowed an additional deduction of 125 pruta per pound of the difference between 5,720 pounds and his said income, provided that this additional deduction shall not exceed 295 pounds.". g_ In section 15B of the Ordinance, the words "there shall be allowed a deduction Amendment of section 15B. •of 175 pounds" shall be replaced by the words "therd shall be allowed a deduction of •180 pounds.". 7.In section 23 of the Ordinance, at the end of subsection 2(a), there shall be Amendment of section 23. added the words "plus half the additional deduction under section 14, provided that this additional deduction shall not exceed 147.500 pounds in respect of each". in section 29 of the Ordinance, the following subsection shall be added after' Amendment of ־.8 subsection (2): . section 29. "(2A) Notwithstanding the provisions of subsection (1) and (2), the total amount of tax payable by an individual shall not exceed 50 per cent of his chargeable income before deductions under sections 14 and 15B.". 9. Section 30 of the Ordinance shall be amended by remarking it as subsection Amendment of section 30. (a) and adding the following subsections thereafter: "(b) In addition to the tax under subsection (a), a tax called "company profits tax" shall be imposed on a company at the rate of 250 pruta on every pound of the chargeable income thereof calculated in accordance with subsection (c). (c) In calculating the chargeable income of a company for the purposes of subsection (b), the following provisions shall apply: (1) The chargeable income shall not include income received by the company — directly or indirectly — as dividend, or in the distribution of profits, from another company liable to company profits tax; (2) the income shall not• include a capital profit from property sold more than one year after the day of its acquisition, as referred to in section 5A(9j; (3) no deduction shall bo allowed by reason of liability to, or payment of, company profits tax.". 10. In section 81 of the Ordinance, the following subsection shall be added after Amendment of subsection (10): section 31. "(ll)In this section, "tax" and "income tax" do not include company profits tax.". 11 In section 32 of the Ordinance, the.following paragraph shall be added at the Amendment or en(j'. Bection 32. "In this section, "tax" and •"income tax" do not include company profits tax.". 12 In section 33 of the Ordinance, the following subsection shall be added after Amendment of .section 33 '׳:(subsection (8 "(4) In this section, "tax" and "income tax'' do not include company profits tax.". 13. In section 42 of the Ordinance, after the words "two hundred and fifty pruta Amendment of section 42. on every pound", there shall be added the words "and, if the recipient of the payment is a company, an additional 250 pruta in respect of company profits tax".- 143 Amendment of 14. In section 43 of the Ordinance, subsection 2 shall be replaced by the following section 43. subsection: "(2) Directions issued under subsection 1 shall take effect at the expiration of three months from the day of their publication in Reshumot.". Amendment of 15. Section 43A of the Ordinance shall be amended as follows: section 43 A. (o) The following words shall be added at the end of subsection (1): "A person whose income the Assessing Officer has permitted under section 7 to be calculated according to a special period of assessment shall deliver a return under this subsection not later than the expiration of 5 months from the day on which such special period of assessment ends."; (b) in subsection (2), the words "to furnish him with the said return before the 31st. August" shall be replaced by the words "to furnish him with the said return before the date prescribed in subsection (IV; ' (c) in subsection (3), paragraph (b), the words "interest at the rate of 6 per cent per annum" shall be replaced by the words "interest at the rate of 9 per cent per annum " ; (d) in subsection (4), the words "a fine at the rate of 1 per cent of that amount in respect of the first month, and of 3 per'cent of that amount in respect of every subsequent month of delay in submitting the return" shall be replaced by the words "a fine at the rate of 2 per cent of that amount in respect of every month of delay in submitting the return". .Section 55 (1) of the Ordinance shall be deleted ־Amendment of lg section 55. Amendment of 17. Section 59 of the Ordinance shall be amended as follows : section 59. (a) -In subsection (1), after the words "whose name appears on the assessment list", there shall be inserted the words "and who has been assessed under section 55"; (b) in the proviso to subsection (2), the words "shall extend" shall be replaced by the words• "may extend"; (c) at the end of subsection (5), there shall be added the words: "In such an order, the Assessing Officer may confirm, increase or reduce the assessment.". Amendment of 18. In section 62 (4) of the Ordinance, the words "In the year of assessment section 62. 1952/53, the Minister of Finance may" shall be replaced by the words "The Minister of Finance may". Amendment of 19. Section 63 of the Ordinance shall be amended as follows: section 63. (a) In subsection (7), the words "6 per cent per annum" shall be replaced by the words "9 per cent per annum"; (b) subsection (8) shall be replaced by the following subsection: "(8) The Assessing Officer may, on sufficient reason being given, extend the times for the payment of the whole or any part of the tax, as prescribed " in this section, or the timea for the payment of the whole or any part of an advance under aection 62, for auch period aa he may think fit, provided that the assessee shall pay 'interest at the rate of 9 per cent per annum in respect of the period of postponement.". Amendment of 20. 1° section 64 of the Ordinance, paragraph (o) of subsection (1) shall be replaced section 64. by the following paragraph: 144 "(a) there shall be added to it a fine of an amount equal to 2 per cent of the overdue amount in respect of every month of delay;". 21. Section 73 shall be amended as follows: Amendment of section 73. (a) in subsection (1), (5) and (6), the words "and section 39 of the Company Profits Tax Ordinance, 1947" shall be deleted; (b) in proviso (a) to subsection (2), the words "for any chargeable accounting period" shall be deleted; • (c) paragraph (a) of subsection (8) shall be deleted. 22. In section 36(c) of thejneorae Tax Ordinance (Amendment) Law, 5712—1952'), Amendment of Income Tax after the words "under section 5A" and in "in section 5A(12)", respectively, there Ordinance shall be added the words "of the Ordinance". (Amendment) Law, 5712— «52. 23. The Company Profits Tax Ordinance, 19472),.is hereby repealed. Repeal of Company Profits Tax Ordinance. 24. This Law shall apply to the year of assessment 1953/54 and every subsequent Commence• year of assessment. ment. MOSHE SHARETT LEVIESHKOL Minister of Foreign Affairs Minister of Finance Acting Prime Minister YITZCHAK BEN-ZVI President of the State BUDGET LAWS ESTIMATED STATE REVENUE (1953/54) LAW, 5713--1953* 1. The estimated revenue of the State to cover the Budget for the financial year Estimated beginning the 16th Nisan, 5713 (1st April, 1953) and ending the 26th Adar Bet, revenue. 5714 (31st March, 1954) shall be as specified in the Schedule to this Law. 2. The Minister of Finance is charged with the implementation of this Law. Implementa• tion. 3. This Law shall come into force on the 16th Nisan, 5713 (1st April, 1953). Commence• ment. 1) Sefer Ha-Chukkim No. 108 of the 10th Elul. 5712 (31st August, 1952), p. 298; LSI vol. VI, p. 106. 2) P.G. No. 1568 of the 29th March, 1947, Suppl. I, p. 75 (English Edition). * Passed by the Knesset on the 9th Nisan, 5713 (25th March. 1953) and published in Chukkei TakUiv No. 1 of the 22nd Nisan, 5713 (7th April, 1953), p. 2. 145 SCHEDULE (section l) Serial Estimate (in IL) number BEVBNBH Grand Total 216,880,000 Ordinary Revenue ..... 168,750,000 Transferred Revenue ' 9,220,000 Special Revenue . . . . . 21,600,000 Revenue from Transport and Postal Enterprises ...... , 26,860,000 OBDINABY RBVBOTB 158,760,000 (1) 01 — Income Tax ..... 65,600,000 (2) 02 — Customs . ... . 23,000,000 (3) 08 — Fuel 20,000,000 (4) 04 — Excise — Tobacco ..... 11,000,000 (6) Liquors 7,000,000 (6) Cement 1,500,000 (7) Tyres 600,000 (8) 05 — Luxury Tax ...... 10,000,000 (9) Specified Goods Tax . . . . . 8,600,000 (10) Foreign Travel Tax .... . 1,500,000 urban .... 2,400,000 ׳—Property Tax — 06 (11) (12) — Rural 860,000 (13) 07 — Stamp Duty — From Entertainments. . 1,200,000 (14) Other Stamp Duty 1,200,000 (15) 08 — Licensing Fees ...... 8,600,000 (16) 09 — Bjevenue from Services — Land Registry . 1,600,000 (17) Sundry Services 8,250,000 (18) 11 — Land Betterment Tax .... 750,000 (19) 12 — Estate Duty 400,000 (20) 13 — Sundry Revenue ...... 600,000 TRANSFERRED REVENUH 9,220,000 (21) 01 — Income Tax — for Education . . . 4,500,000 (22) 06 — Specified Goods Tax — for Local Authorities 1 900,000 (23) 07 — Stamp Duty from Entertainments — for Local Authorities . . . . 1,200,000 (24) 08 — Licensing Fees — for Local Authorities . 1,900,000 (25) 16 — Revenue from War Damage Compensation Tax Fund ...... 295,000 ׳ Revenue from Development Authority .. 210,000 — 18 (26) (19 (27 — Revenue from Compulsory Loan and Property Tax . . . . . 215,000 . SPBOIAL RBVBOTB 21,600,000 (28) 10 — Collections on Account of Loans and Govern ment Property and Revenue from Inte rest — Collections from Loans made under the Development Budget .... 9,600,000 (29) Revenue from State Property Department 2,000,000 (30) Revenue form Issue Department of the Bank Leumi ...... 2,660,000 146 (31) Bevenue from Postal and Transport Enterprises — Debts and Amortisation 4,300,000 (32) Collections on Account of the Agreement with Great Britain ...... 550,000 19,000,000 (33) 14 — Bevenue to be Used for Price Beduction and Exchange Bate Equalisation in Bespeet of Essential Commodities Bevenue to be Used for Price Reduction and Exchange Rate Equalisation . . . 14,500,000 (34) Less: For Exchange Rate Equalisation . 12,000,000 (35) Balance for Subsidies to Reduce the Price of Essential Commodities ... ' . 2,500,000 BEVBNÜP, FROM EKTSBKRISF.S ov •TBE MINISTRY OF TRANSPORT AND JAB MINISTRY OF Posia 26,860,000 - 17 — Revenue from Transport Enterprises — (36) Ports and Airfields ..... 7,180,000 (37) Railways • • 3,055,000 (38) 84 — Revenue from Postal Enterprises — ־ Telegraph, Telephone and Wireless . . 16,575,000 (39) Postal Bank 50,000 DAVID BEN-GURION LEVI ESHKOL Prime Minister Minister of Finance YITZCHAK BEN-ZVI President of the State . BUDGET (1952/53) (No. 2) LAW, 5713—1953* \ _ In addition to the amounts which it is authorised to expend under the Budget Additional (1962/53) Law, 5712—1952!) (hereinafter: "the Budget Law"), the Government Budget for the year is authorised to expend in the financial year 1952/53, as defined in the Budget Law, 1952/53. an amount of 4,465,000 pounds (hereinafter: "the Additional Budget"). 2. The estimated additional revenue of the State in the financial year 1952/53 to Estimated cover the Additional Budget is as specified in the First Schedule to this Law. additional revenue. 3. The breakdown of the amount of the Additional Budget into heads, Bubbcads Details of and items of expenditure shall be as specified in the Second Schedule to this Law. Additional Budget. 4. The provisions of soctiona 5, 6, 7 and 8 of the Budget Law shall apply also Application Of Budget the Additional Budget. Law. Passed by the Knesset on the lGth Wisan, 5713 (26th March, 1953) and published in Chukkei TakUiv No. 1 of the 22nit Nisan, 5713 (7th April, 1953), p. 4; the Bill and an Explanatory Note were published in Hatia'ot Chok No. 153 of the 27Ui Bhevat. 5713 (17th February, 1953), p. 120. l) Sc/er Ha-Chukkim No. 96 of the 4th Iyar, 5712 (29th April, 1952) p. 152; LSI vol. VI, p. 54. , 147 Special 5. To the extent required by changes in the structure or functions of Govern• variations. ment Ministries, the Minister of Finance may, by notice to the Finance Committee of the Knesset, transfer any amount from one head of expenditure in the Second Schedule to the Budget Law or the Second Schedule to this Law to other heads of, expenditure, and from one subhead of expenditure in\ any of the said Schedules to other subheads of expenditure. Implementa• 6_ The Minister of Finance is charged with the implementation of this Law. tion. Commence• 7. This Law shall have effect retroactively as from the 6th Nisan, 5712 (1st April, ment. 1952). ADDITIONAL REVENUE AND EXPENDITURE BUDGET FOR THE FINANCIAL YEAR 1952/53 FIRST SCHEDULE (section 2) Serial IL •IL number 17 Revenue of Communications Enterprises (D Post, Telegraph, Telephone and Wire• less 1,695,000 (2) Haifa Port 2,320,000 (3) Jaffa Port - . . . 400,000 4,415,000 18 — Revenue from Development Authority 50,000 4,465,000 SECOND SCHEDULE (section 3) Serial number EXPENDITURE} IL IL 22 Ministry of Communications — (1) Headquarters and Other Departments ' 213,500 (2) - Post, Telegraph, Telephone and Wireless . . 1,715,000 (3) Ports, Lighthouses and Airfields — • Haifa Port .... 1,807,250 Jaffa Port .... 509,000 Lighthouses . . . . 8,000 - Lydda Airfield . . . 122,650 Haifa, Tel-Aviv and Eilat Airfields . . . . 8,600 2,450,500 (4) Railwajs 516,000 (5) Postal Bank ...... 20,000 4,915,000 Less : (6) Reserve of Ministry of Communications (deletion of item) . 2,000,000 2,915,000 (7) 25 — General Reserve . . . ' . 1,500,000 (8) 29 — Expenditure of Development Authority 50,000 4,465,000 (The breakdown of the Additional Budget for 1952/53 into Bubheadg and items iB omitted in this translation.) 148 DEVELOPMENT BUDGET (APRIL-MAY 1953) LAW, 5713—1953* 1 The Government is authorised to expend in the period from the 16th Nisan, Development Budget for ־ 5713 (1st April, 1953) to the 17th Sivan, 5713 (31st May, 1953), by way of capital the months investments and loans for the purpose of capital investments, an amount of April—May, 17,000,000 pounds for development purposes (hereinafter: "advance on the 1953. Development Budget"). Estimated 2. The estimated revenue to cover the advance on the Development' Budget'is as revenue to specified in the Schedule to this Law. oover the advance on the Develop ment Budget. 3 The breakdown of the amount of the advance on the Development Budget Details of advance on into heads, subheads and items of expenditure shall be determined by the Finance the Develop Committee of the Knesset upon thei proposal of the Minister of Finance. ment Budget. Imple 4. The Minister of Finance is charged with the implementation of this Law. mentation 5 This Law shall come into force on the 16th Nisan, 5713 (1st April, 1953). Commence ment. SCHEDULE (section 2) ESTIMATED EEVENUE TO COVER THE ADVANCE ON THE DEVELOPMENT BUDGET IL 1. Reparations Counterpart Fund 8,000,000 2. Grant-in-Aid. Counterpart Fund 4,000,000 3. State Loan (Independence Issue) 3,000,000 4. Development Authority and Ordinary Budget 2,000,000 17,000,000 DAVID BEN-GURION LEVIESHKOL Prime Minister Aftnister of Finance YITZCHAK BBN-SVI President of the State BUDGET (APRIL-JUNE 1953) LAW, 5713—1053** The Government is authorised to expend in the period from the 16th Nisan, Budget for ־ J 5713 (1st April, 1953) to the 17th Tammuz, 5713 (30th June, 1953) an amount of A^U-June8, 53,728,750 pounds (hereinafter: "the Interim Budget"), consisting of— 1953. Passed by the Knesset on the 10th Nisan, 5713 (26th March, 1953) and published in Chukkei laktiiv No. 1 of the 22nd Nisan, 5713 (7th April, 1953), p. 14. Passed by the Knesset on the 10th Nisan, 5713 (26th March, 1953) and published in Chukkei TakUiv No. 1 of the 22nd Nisan, 5713 (7th April, 1953), p. 15. 149 (1) an amount of 43,228,750 pounds, being equal to one fourth of the aggregate of the amounts of expenditure specified, respectively, in the Second Schedule! to the Budget (1952/53) Law, 5712—1952!), and in the Second Schedule to the. ;(5713-1953־ ,Budget (1952/53) (No. 2) Law (2) a supplement of 10,500,000 pounds. Details of 2. (a) !1he breakdown of the Interim Budget into heads and subheads of Budget. expenditure shall be as follows: 1 (!) The. said amount of 43,228,750 pounds shall be divided into heads and subheads of expenditure equal to the fourth part of the heads and subheads of expenditure in the Second Schedule to the Budget (1952/53) Law, 5712— 1952, as amended under sections 4, 5 and 6 of that Law, and in the Second Schedule to the Budget (1952/53) (No. 2) Law, 5713—1953. (2) The Minister of Finance shall from time to time determine the division of the amount of 3,500,000 pounds, being the third part of the said supplement of 10,500,000 pounds, into heads and subheads of expenditure, and shall with the prior approval of the Finance Committee of the Knesset determine the division of the amount of 7,000,000 pounds; being two thirds of the said supplement, into heads and subheads of expenditure. (b) The Minister of Finance shall from time to time determine the division of the subheads of expenditure into items of expenditure. ' (c) Notwithstanding the provisions of subsections (a) and (b), the division of the heads of expenditure of the Knesset and of trie State Comptroller's Office into subheads and items of expenditure shall be determined by the Finance Committee of the Knesset. Variations. 3. In so far changes in the structure or functions of Government Ministries necessitate the transfer of amounts from one head or subhead of expenditure to another, the Minister of Finance may effect such transfer, provided he gives notice thereof to the Finance Committee of the Knesset. ImiUe- 4, The Minister of Finance is charged with the implementation of this Law. mentaUcn. Commence 5, This Law shall come into force on the 16th Nisan, 5713 (1st April, 1953). ment. DAVID BEN-GOBION LEVI ESHKOL Prime Minister Minister of Finance . YITZCHAK BEN-ZVI President of the State 1) Sefer Ha-Chukkim No. 96 of the 4th Iyar, 5712 (29th April, 1952), p. 152; LSI vol. VI,. p. 54. 2) Chukkai Taktzu No. 1 of the 22nd Nisan, 5713 (7th April, 1953), p. 4; supra, p. 147. 150 BUDGET (JULY-AUGUST 1953) LAW, 5713—1953* 1 The Government is authorised to expend in the period from the 18th Tammuz, Budget for the months 6713 (1st July, 1953) to the 20th Elul, 5713 (21st August, 1953) an amount of July-August, 35,819,166 pounds (hereinafter: "the Interim Budget"), consisting of — 1953. (1) an amount of 28,819,166 pounds, being equal to one sixth of the aggregate of the amounts of.• expenditure specified, respectively, in the Second Schedule to the Budget (1952/53) Law, 6712—1952!), and in the Second Schedule to the Budget (1952/53) (No. 2) Law, 5713—1053=); (2) a supplement of 7,000,000 pounds. 2. (a) The breakdown of the Interim Budget into heads and subheads'of Details of Interim expenditure shall be as follows: Budget. (1) The said amount of 28,819,166 pounds shall be divided into heads and subheads of expenditure equal to the sixth part of the heads and subheads of expenditure in the Second Schedule to the Budget (1952/58) Law, 6712—1952, as amended under sections 4, 5 and 6 of that Law, and in the Second Schedule to the Budget (1952/53) (No. 2) Law, 5713—1953. (2) The Minister of Finance shall with the prior approval of the Finance Committee of the Knesset determine the division of the amount of 7,000,000 pounds of the said supplement into heads and subheads of expenditure. (b) The Minister of Finance shall from time to time determine the division of the subheads of expenditure into items of expenditure. (c) Notwithstanding the provisions of Bubsectionb (a) and (b), the division of the heads of expenditure of the Knesset and of the State Comptroller into subheads and items of expenditure shall be determined by the Finance Committee of the Knesset. 3. In so far changes in the structure or functions of Government Ministries Variations, necessitate the transfer of amounts from one head or subhead of expenditure to another, the Minister of Finance may effect such transfer, provided he gives notice thereof to the Finance Committee of the-Knesset. 4. The Minister of Finance, is charged with the implementation of this Law. Imple• mentation. 5. ThiB Law shall come into force on the 18th Tammuz, 6713 (1st July, 1953). Commence• ment. DAVID BEN-G URION LEVIESHKOL Prime Minister Minister of Finance YITZCHAK BEN-ZVI President of the State Passed by the Knesset on the 17th Tammuz, 5713 (30th June, 1953) and published in Chukkei Taktssiv No. 2 of the 27th Tammuz, 5713 (10th July, 1953), p. 18. Sefer Ha-Chukkim No. 96 of the 4th Iyar, 5712 (29th April, 1952), p. 152; LSI vol. VI, P. 54. Chukkei TakUiv No. 1 of the 22nd Nisan, 5713 (7th April, 1953), p. 4; Supra, p. 147. 151 DEVELOPMENT BUDGET (JUNE-JULY 1953) LAW, 5713—1953* J_ The Government is authorised to expend in the period from the 18th Sivan, 5713 Development Budget for (1st June, 1953) to the 19th Av, 5713 (31st July, 1953), by way of capital investments the months .pounds June-J uly 20,000,000׳ and loans for the purpose of capital investments, an amouut of for development purposes (hereinafter: "advance on the Development Budget". 1953. 2, The estimated revenue to cover the advance on the Development Budget is as Estimated revenue to Bpeci"• •1 in the Schedule to this Law. cover the advance on the Develop ment Budget. 3. The division of the amount of the advance on the Development Budget into Details of advance on heads, subheads and items of expenditure shall be determined by the Finance Development Committee of the Knesset upon the proposal of the Minister of Finance. . Budget. Implemen 4, The Minister of Finance is charged with the implementation of this Law. tation. Commence 5. This Law shal' come into force on the 18th Sivan, 5713 (1st June, 1953). ment. SCHEDULE (section 2) ESTIMATED REVENUE TO COVER THE ADVANCE ON THE DEVELOPMENT BUDGET IL 1. Reparations Counterpart Fund 5,000,000 2. Grant-in-Aid Counterpart Fund 4,000,000 3. State Loan (Independence Issue) 5,000,000 4. Development Authority and Ordinary Budget 2,000,000 6. Advance on Income Tax 2,000,000 6. Compulsory Loan, 5713—1953 2,000,000 20,000,000 - MOSHE SHARETT LEVIESHKOL Minister of Foreign Avairs Minister of Finance Acting Prime Minister riTZCHAK BEN-ZVT President of the State Passed by the Knesset 'on the 16th Av, 5713 (28th July, 1953) and published In Chukkei TakUiv No. 3 of the 26th Av, 5713 (7th August, 1953), p. 20: the Bill was published in Chukkei TakUiv (HaUa'ot) No. 3 of the 1st Av,. 5713 (13th July, 1953), p. 18. 152 LIST OF LAWS IN THE ORDER OF THEIR DATES OF PUBLICATION No. Title Date of passage 1 World Zionist Organisation — Jewish Agency (Status) Law 6th Kislev, 5713 (24th November, 1952) 2 Cooperative, Houses Law 21st Kislev, 5713 (9th December, 1952) 3 Emergency Regulations (Hotel Accommodation) (Extension of Validity) Law 11th Tevet, 5713 (29th December, 1952) 4 Emergency Regulations (Working Hours in Un• dertakings Restricted in the Use of Electric Current) (Extension of Validity) Law 12th Tevet, 5718 (30th December, 1952) 6 Emergency Regulations (Traffic Offences — Mili• tary Personnel). (Extension of Validity) Law 12th Tevet, 6713 (30th December, 1952) 6 Defence Regulations (Continuance in Force) (Temporary Provision) (No. 8) Law 12th Tevet, 5713 (30th December, 1952) 7 Emergency Regulations (Army Code, 5708) (Ex• tension of Validity) Law 12th Tevet, 5713 (30th December, 1952) ' 8 Emergency- Regulatwms (Provisions as to the Registration and Mobilisation of Equipment) (Extension of Validiy) Law 12th Tevet, 5713 (30th December, 1952) g Emergency Regulations (Security Zones) (Exten• sion of Validity) Law 12th Tevet, 6713 (30th December, 1952) 10 Bank Notes Law 12th Tevet, 5713 (30th December, 1952) 11 Emergency Regulations (Defence (Finance) Re• gulations (Amendment)) (Extension of Valid• ity) Law 13th Tevet, 5713 (31st December, 1952) 12 Emergency Regulations (Compulsory Payments) (Extension of Validity) Law 13th Tevet, 5718 (31st December, 1952) 13 Reserve Service (Compensation) (Amendment) Law 19th Tevet, 6713 (6th January, 1953) 14 Standards Law 4th Shevat, 5713 (20th January, 1953) 15 Cultivators (Protection) Ordinance . (Amendment) Law 11th Shevat, 5713 (27th January, 1858) 16 General Agricultural Council Ordinance (Amend• ment) Law 11th Shevat, 6713 (27th January, 1953) 17 Copyright Ordinance (Amendment) Law 17th Shevat, 5713 (2nd February, 1953) 18 Press Ordinance (Amendment) Law 18th Shevat, 5713 (3rd February, 1953) 19 Road Transport Ordinance (Amendment) Law 19th Shevat, 5713. (4th February, 1953) 20 Medical Professions (Replacement of Licences) (Temporary Provision) Law 25th Shevat, 5713 (10th February, 1953) 21 Submarine Areas Law 25th Shevat, 5713 (10th February, 1953) 22 Coinage Ordinance (Amendment) Law 35th Shevat, 5713 (10th February, 1953) 23 Jewish Religious Services (Budgets) (Amendment) Law 17th Adar, 5713 (4th March, 1963) 24 Rabies Ordinance (Amendment) Law 17th Adar, 6718 (4th March, 1953) 25 Land Acquisition (Validation of Acts and Com• pensation) Law 23rd Adar, 6713 (10th March, 1953) 26 Local Authorities (Exemption of Soldiers, War Sufferers and Police Office« from Bate) Law 8th Nisan, 5713 (24th March, 1953) 27 Emergency Regulations (Army Code, 5708) (Ex• tension of Validity) (No. 2) Law 8th Nisan, 5713 (24th March, 1953) 28 * Defence Regulations Continuance in Force) (Temporary Provision) (No. 4) Law 8th Nisan, 5713 (24th March, 1953) 29 Compulsory Loan Law 8th Nisan, 5713 (24th March, 1953) • 153 No. Title Date of passage 30 Company Profits Tax Ordinance (Amendment) Law 8th Nisan, 5713 (24th March, 1953) 81 Emergency Regulations (Defence (Finance) Re gulations (Amendment)) (Extension of Valid ity) Law 10th Nisan, 5713 (26th March, 1953) 33 State Guarantees (Amendment) Law 10th Nisan, 5713 (26th March, 1953) 33 British Securities Law 10th Nisan, 5713 •(26th March, 1953) 34 President Chaim Weizmann (Pension and Estate) Law 12th Sivan, 5713 (26th May, 1953) 35 Bankruptcy Ordinance (Amendment) Law 12th Tevet, 5713 (30th December, 1952) 36 Companies Ordinance (Amendment) Law 12th Tevet, 5713 (30th December, 1952) 37 Rabbinical Courts (Validation of Appointments) (Amendment) Law 26th Sivan, 5713 (9th June, 1953) 38 Survey Ordinance (Amendment) Law 26th Sivan, 5713 (9th June, 1953) 39 Income Tax Advance Law 26th Sivan, 5713 (9th June, 1953) 40 Foreign Travel Tax (Amendment) Law 10th Tammuz 5713 (23rd June,. 195.3) 41 Emergency Regulations (Compulsory Payments) (Extensiou of Validity) (No. 2) Law 16th Tammuz, 5713 (29th June, 1953) 42 Compulsory Education (Temporary Provision) Law 23rd Tammuz, 5713 (6th July, 1953) 43 Apprenticeship Law 1st Av, 5713 (13th July, 1953) 44 Youth Labour Law 3rd Av, 5713 (15th July, 1953) 45 Exchange of Bank Notes and Compulsory Loan (Temporary Provision) Law 11th Av, 5713 (23rd July, 1953) 46 Candidates for Agricultural Settlement Law 16th Av, 5713 (28th July, 1953) 47 Road Transport Ordinance (Amendment •No. 2) Law 16th Av, 5713 (28th July, 1953) (1953״,Ports Ordinance (Amendment) Law 16th Av, 5713 (28th July 48 49 Defence Regulations (Continuance in Force) (Temporary Provision) (No. 5) Law 80th Av, 5718 (11th August, 1953) CO State Education Law 1st EIul, 5713 (12th August, 1953) 51 Martyrs' and Heroes' Commemoration Law 8th Elul, 5713 (19th August, 1953) 52 Tobacco Ordinance (Amendment) Law 8th Elul, 5713 (19th August, 1953) 53 Tenants' Protection (New Buildings) Law 8th Elul, 5713 (19th August, 1953) 54 Judges Law 9th Elul, 5713 (20th August, 1953) 55 Emergency Regulations (Defence (Finance) Re gulations (Amendment) (Extension of Valid ity) (No. 2) Law 9th Elul, 5713 (20th August, 1953) 56 Emergency Regulations (Compulsory Payments) (Amendment)) (Extension of Validity) Law 9th Elul, 5713 (20th August, 1953) 57 Emergency Regulations (Foreign Travel) (Amendment) Law 14th Elul, 5713 (25th August, 1953) . 58 Municipal Corporations Ordinance (Amendment) Law 14th Elul, 5713 (25th August, 1953) 59 Defence Service (Amendment) Law 14th Elul, 5713 (25th August, 1953) 60 Portland Cement Ordinance (Amendment) Law 14th Elul, 5713 (25th AuguBt, 1953) 61 Tyres Excise Law 14th Elul, 5713 (25th August, 1953) 62 Anatomy and Pathology Law , 15th Elul, 5713 (26th August, 1958) 63 National Service Law 15th Elul, 5713 (26th August, 1953) 64 Rabbinical Courts Jurisdiction (Marriage and Divorce) Law 15th Elul, 5713 (26th August, 1953) 65 Supreme Hebrew Language Institute Law 16th Elul, 5713 (27th August, 1953) 66 Income Tax Ordinance (Amendment) Law 16th Elul, 5713 (27th August, 1953) ALPHABETICAL INDEX OF LAWS Title Page Anatomy and Pathology. Law, No. 62 of 6713—1953 135 Apprenticeship Law, No. 43 of 5713—1953 ...... W> • B Bank Notes Law, No. 10 of 6713—1952 10 Bankruptcy Ordinance (Amendment) Law, No. 35 of 5713—1953 78 British Securities Law, No. 33 of 5713—1953 7C I ' ! C Candidates for Agricultural Settlement Law, No. 46 of 5713—1953 103 ־ ... 43 ״ ... Coinage Ordinance (Amendment) Law, No. 22 of 5713—1953 Companies Ordinance (Amendment) Law, No. 36 of 5713—1953 79 Company Profits Tax Ordinance (Amendment) Law, No. 30 of 5713—1953 68 Compulsory Education (Temporary Provision) Law, No. 42 of 5713—1953 86 Compulsory Loan Law, No. 29 of 5713—1953 , 63 ־ Cooperative Houses Law. No. 2 of 5713—1952 ( i Copyright Ordinance, (Amendment) Law, No. 17 of 5713—1963 80 Cultivators (Protection) Ordinance (Amendment) Law, No. 15 of 5713—1953 ... 29 D j Defence Regulations (Continuance in Force) (Temporary Provision) (No. 3) Law, No. 6 of 5713—1953 ... 10 Defence Regulations (Continuance in Force) (Temporary Provision) (No. 4) Law, ״. No. 28 of 5718-1-1968 • 52 Defence Regulations (Continuance in ,Force) (Temporary Provision) (No. 5) Law, - No. 49 of 6713-I-1953 : 112 Defence Service (Amendment) Law, No, 59 of 5713—1953 132 ! E Emergency Regulations (Army Code, 5708) (Extension of Validity) Law, No. 7 of 6713—1952 1 20 Emergency Regulations (Army Code, 5708) (Extension of Validity) (No. 2) Law, No. 27 of 5718—1953 ;.. 47 Emergency Regulations (Compulsory Payments) (Extension of Validity) Law, No. 12 of 6713—1953 23 Emergency Regulations (Compulsory Payments) (Extension of Validity) (No. 2) Law, No. 41 of 5713—1953 ...... 85 Emergency Regulations (Compulsory Payments) (Amendment) (Extension of Validity) Law, No. 66 of 5718—1953 ... , 130 Emergency Regulations (Defence (Finance) Regulations (Amendment)) (Extension of Validity) Law, No. 11 of 5713—1952 22 Emergency Regulations (Defence (Finance) Regulations (Amendment)) (Extension of Validity) Law, No. 81 of 5713—1953 ... 75 Emergency Regulations (Defence (Finance) Regulations (Amendment)) (Extension of Validity) (No. 2) Law, No. 55 of 5713—1953 129 Emergency Regulations (Hotel Accommodation) (Extension of Validity) Law, No. 3 of 5713—1952 ... 18 Emergency Regulations (Foreign Travel) (Amendment) Law, No. 67 of 5713—1953 ! T. 180 155 Title Page Emergency Regulations (Provisions as to the Registration and Mobilisation of Equipment) (Extension of Validity) Law, No. 8 of 5713—1952) )20 Emergency Regulations (Security Zones) (Extension of Validity) Law, No. 9 of 6713—1952 ...... ; 21 Emergency Regulations (Traffic Offences — Military Personnel) (Extension of Validity) Law, No. 5 of 5713—1952 : 19 Emergency Regulations. (Working Hours in Undertakings Restricted .in the Use of Electric Current) (Extension of Validity) Law, No. 4 of 5713—1952 !g Exchange of Bank NoteB and Compulsory Loan (Temporary Provision) Law, No. 45 of 5713—1953 !03 ׳ " F Foreign Travel Tax (Amendment) Law, No. 40 of 5713—1953 85 G General Agricultural Council Ordinance (Amendment) Law, No. 16 of 6713—1953 30 I Income Tax Advance Law, No. 39 of 5713—1953 go Income Tax Ordinance (Amendment) Law, No. 66 of 5713—1953 ' !43 J Jewish Beligious Services (Budgets) (Amendment) Law, No. 23 of 5713—1953 ... 43 Judges Law, No. 54 of 5713—1953 ... .• ,. .... !34 L׳ Land Acquisition (Validation of Acts and Compensation) Law, No. 25 of 5718—1953 43 Local Authorities (Exemption of Soldiers, War Sufferers and Police Officers from Rate) Law, No. 26 of 5713—1953 ... 26 M g!! ״ Martyrs' and Heroes' Commemoration Law, No. 51 of 5718—1953 Medical Professions (Replacement of Licenses) (Temporary Provision) Law, No. 20 of 5713—1063 ...... 40 Municipal Corporations Ordinance (Amendment) Law, No. 58 of 6713—1953 ... !3! N National Service Law, No. 63 of 5718—1953 : !37 P Portland Cement Ordinance", (Amendment) Law, No. 60 of 5713—1953 ...... !83 Ports Ordinance (Amendment) Law, No. 48 of 5713—1953 !08 President Chaim Weizmann (Pension and Estate) Law, No. 34 of 5713—1953 ... 73 Press Ordinance (Amendment) Law, No. 18 of 5718—1953 30 Rabbinical Courts Jurisdiction (Marriage and Divorce) Law, No. 64 of 6718—1953 139 Rabbinical Courts (Validation of Appointments) (Amendment) Law, No. 37 of 6713—1953 80 Title Page .'. 43 ־ ... Rabies Ordinance (Amendment) Law, No.24 of 6713—1963 Reserve Service (Compensation) (Amendment) Law, No. 13 of 5713—1953 23 Road Transport Ordinance (Amendment) Law, No. 19 of 5713—1953 39 Road Transport Ordinance (Amendment No, 2) Law, No. 47 of 6713—1953 ... 108 8. Standards Law, No. 14 of 5713—1953 24 State Education Law, No. 50 of 5713—1953 113 State Guarantee (Amendment) Law, No. 32 of 6713—1953 75 41 ׳ Submarine Areas Law, No. 21 of 1953—5713 ״ Supreme Hebrew Language Institute Law, No. 66 of 5713—1953 140 Survey Ordinance (Amendment) Law, No. 38 of 5713—-1953 80 T Tenants' Protection (New Buildings) Law, No. 53 of 5713—1953 123 Tobacco Ordinance (Amendment) Law, No. 52 of 6718—1953 121 Tyres Excise Law, No. 61 of 5713—1952 133• W World Zionist Organisation — Jewish Agency (Status) Law, No. 1 of 5713-71953 8 Y Youth Labour Law, No. 44 of 6713—1953 ... 94 משיד המשפטים מםמך זה הינו העתק שנסרק בשלמותו ביום ובשעה המצוינים . בסריקה ממוחשבת מהימנה מהמסמך המצוי בתיק, בהתאם לנוהל הבדיקות במשרד המשפטים. על החתום « 9ן משרד המשפטים (התימה מוסדית). 00>9.0ד04ו40ת3^22 ~~ *