LAWS OF THE STATE OF ISRAEL
Vol. 24 5730 — 1969 /70
FROM 12TH TISHRI, 5730—25.9.69 TO 30th AV, 5730—1.9.70
Authorised Translation from the Hebrew Prepared at the Ministry of Justice
PUBLISHED BY THE GOVERNMENT PRINTER LAWS OF THE STATE OF ISRAEL
Vol. 14
5730 — 1969 /70
FROM 12TH TISHRI, 5730—25.9.69 TO 30th AV, 5730—1.9.70
Authorised Translation from the Hebrew Prepared at the Ministry of Justice
PUBLISHED BY THE GOVERNMENT PRINTER CONTENTS
Laws 3 Budget Laws 165 Index of Laws in the Order of the Dates of Their Adoption by the Knesset 186 Alphabetical Index of Laws ... 191
EXPLANATIONS I.R. (Iton Rishmi) — The Official Gazette during the tenure of the Provisional Council of State Reshumot — ,The Official Gazette since the incep• tion of the Knesset Sections of Reshumot referred to in this translation : Yalkut Ha-Pirsumim — Government Notices Sefer Ha-Chukkim — Principal Legislation Chukkei Taktziv • — Budgetary Legislation Kovetz Ha-Takkanot — Subsidiary Legislation Hatza'ot Chok — Bills Chukkei Taktziv {Hatza'ot) — Budget Bills Dinei Yisrael (from No. 2 :— The revised, up-to-date and binding Dinei Medinat Yisrael) Hebrew text of legislation enacted {Nusach Chadash) before the establishment of the State P.G. {Palestine Gazette) — The Official Gazette of the Mandatory Government Laws of Palestine — The 1934 revised edition of Palestine legislation (Drayton) LSI - Laws of the State of Israel NV - Laws of the State of Israel (New Ver• sion), i.e. an English edition of the revised, text of pre-State legislation (see above). (No. 1) LAWS
KNESSET ELECTIONS (TEMPORARY PROVISIONS) LAW, 5730—1969 *
1. For the purposes of the elections to be held in the month of Temporary Cheshvan, 5730, the Knesset Elections Law (Consolidated Version), Pr0Vlsl0ns• 5729—1969 1). shall be modified as follows : (1) The following section shall be added after section 70: "Special 70A. (a) If, on the day preceding election day or on powers. election day, the chairman and vice-chairmen of the Central Election Committee are satisfied that special circumstances exist in a particular polling district which in their opinion prevent or may prevent the normal progress of the voting, they may direct a postponement of the opening of the polling station, an interruption of the voting and the resumption thereof, as well as an addition of time for voting : Provided that voting shall not be permitted after the lapse of twenty-four hours from the time specified in section 72 for the closing of polling stations. (b) Directions under this section shall pre• scribe arrangements to ensure the holding of elec• tions in the polling district concerned, including the location of the polling station, the composition of the Polling Committee and any other matter necessi• tated by the principal direction. (c) The chairman and vice-chairmen of the Central Election Committee shall, in such place and form as they may think fit, notify the voters and Election Committee chairmen affected of directions under this section; such directions shall not require publication in Reshumot." ; (2) in section 91, the following subsection shall be added after subsection (c) : "(d) Notwithstanding the provisions of subsections (a) and (b), the Minister of the Interior may, in consultation with the Minister of Defence and with the consent of the chairman and vice-chairmen of the Central Election Com• mittee, issue directions as to the means of. identification
* Passed by the Knesset on the 12th Tishri 5730 (25th September, 1969) and published in Safer Ha-Chukkim No. 576 of the 23rd Tishri, 5730 (5th October, 1969), p. 2; the Bill and an Explanatory Note were published in Haiza'ot Chok No. 859 of 5730, p. 2. !) Safer Ha-Chukkim of 5729, p. 103 ; LSI vol. XIII, p. 110.
3 of soldiers being in areas designated for this purpose in consultation and with consent as aforesaid and as to the means of attesting that a soldier has voted in the elections to the Knesset. The designation of the areas and the said directions shall be brought to the knowledge of those affected as the Minister of the Interior may think fit in consultation and with consent as aforesaid; they shall not require publication in Reshumot.".
Amendment of 2. In section 95A of the said Law, as added by section 11 (4) of the section 95A. Knesset Elections (Consolidated Version) (Amendment) Law, 5729— 1969 1). the words "and whose names are included in a list submitted by the Chief of the General Staff to the chairman of the Central Elec• tion Committee", in paragraph (1), shall be deleted.
YIGAL ALON HAIM MOSHE SHAPIRO Deputy Prime Minister Minister of the Interior and Minister of Immigrant Absorption Acting Prime Minister
SHNEUR ZALMAN SHAZAR President of the State
i) Sefer Ha-Chukkim of 5729, p. 196 ; LSI vol. XXIII, p. 211.
4 (No. 2)
LOCAL AUTHORITIES (ELECTIONS) (TEMPORARY PROVISIONS) LAW, 5730—1969*
1. For the purposes of the elections to be held in the month of Temporary Cheshvan, 5730, the Local Authorities (Elections) Law, 5725—1965 1). provisions, shall be modified as follows :
(1) The following section shall be added after section 61 : "Special 61A. (a) If, on the day preceding election day or
powers. on election day, the Minister of the Interior is sat• isfied that circumstances exist in a particular polling district which in his opinion prevent or may prevent the normal progress of the voting, he may direct a postponement of the opening of the polling station, an interruption of the voting and the resumption thereof, as well as an addition of time for voting : Provided that voting shall not be permit• ted after the lapse of twenty-four hours from the time specified in section 55 for the closing of polling stations. (b) Directions under this section shall pre• scribe arrangements to ensure the holding of elec• tions in the polling district concerned, including the location of the polling station, the composition of the polling committee and any other matter necessi• tated by the principal direction. (c) The Minister of the Interior shall, in such place and form as he may think fit, notify the voters, election committee chairman, election officer and polling committee affected of the directions un• der this section; such directions shall not require publication in Reshumot." ; (2) in section 81, the following subsection shall be added after subsection (b): "(c) Notwithstanding the provisions of subsection (a) and (b), the Minister of the Interior may, in consultation with the Minister of Defence, issue directions as to the identi• fication of soldiers being in areas designated for this pur• pose in consultation as aforesaid and as to the means of
*. Passed by the Knesset on the 12th Tishri, 5730 (25th September, 1969) and published in Sefer Ha-Chukkim No. 576 of the 23rd Tishri, 5730 (5th October, 1969), p. 3 : the Bill and an Explanatory Note were published in Hatza'ot Chok No. 859 of 5730, p. 3. ") Sefer Ha-Chukkim of 5725, p. 248 ;LSI vol. XIX, p. 261. attesting that a soldier has voted. The designation of the areas and the said directions shall be brought to the know• ledge of those affected as the Minister of the Interior may think fit in consultation as aforesaid ; they shall not re• quire publication in Reshumot. Where areas have been designated under section 1 (2) of the Knesset Elections (Temporary Provisions) Law, 5730—1969 1). the same areas shall also be designated for the purposes of this sub• section.".
Amendment of 2. In section 84A of the said Law, as added by section 6(4) of the section 84A. Authorities (Elections) (Amendment No. 4) Law, 5729—1-969 2), the words "and whose names are included in a list submitted by the Chief of the General Staff to the Minister of the Interior", in para• graph (1), shall be deleted.
YIGAL ALON HAIM MOSHE SHAPIRO Deputy Prime Minister Minister of the Interior and Minister of Immigrant Absorption Acting Prime Minister
SHNEUR ZALMAN SHAZAR . President of the State
J) Sefer Ha-Chukkim No. 576 of 5730, p. 2 ; supra, p. 3. 2) Sefer Ha-Chukkim of 5729, p. 197 ; LSI vol. XXIII, p. 213.
6 (No. 3)
MUNICIPALITIES ORDINANCE (AMENDMENT NO. 9) LAW, 5730—1969 *
1. In section 126 of the Municipalities Ordinance1), subsection (b) Amendment of 126־ shall be replaced by the following subsection : sectl0n "(b) Until a mayor is elected under this section, the person who held that office on election day or, if he is unable to act or has ceased to hold office after election day, the councillor whom the Minister has appointed in that behalf shall serve as mayor.".
2. This Law shall come into force on the date of its adoption by the Commencement. Knesset.
GOLDA MEIR HAIM MOSHE SHAPIRO Prime Minister Minister of the Interior
SHNEUR ZALMAN SHAZAR President of the State
* Passed by the Knesset on the 15th Kislev, 5730 (25th November, 1969) and published in Sefer Ha-Chukkim No. 577 of the 22nd Kislev, 5730 (2nd December, 1969), p. 6 ; the Bill and an Explanatory Note were published in Hatza'ot Chok No. 862 of 5730, p. 20. J) Dinei Medinat Yisrael (Nusach Chadash) No. 8 p. \91—NV vol. I, p. 247; Sefer Ha-Chukkim of 5725, pp. 127, 215 and 263 — LSI vol. XIX, pp. 125, 226 and 283 ; Sefer Ha-Chukkim •of 5727, pp. 16, 56 and 74—LSI vol. XXI, pp. 10,52 and 75; Sefer Ha-Chukkim of 5728, pp. 10 and 53 — LSI vol. XXII, pp. 11 and 51. (No. 4)
INTOXICATING LIQUORS (MANUFACTURE AND SALE) ORDINANCE (AMENDMENT NO. 2) LAW, 5730—1969 *
Replacement 1. Section 31 of the Intoxicating Liquors. (Manufacture and Sale) of section 31. Ordinance J) shall be replaced by the following section : "Authority 31. Notwithstanding the provisions of sections 27 to exempt to 30, the Minister of Finance may, by regulations, from re• quirement prescribe conditions for the sale, by wholesale or of licence. retail, or exposure for sale of intoxicating liquors without a licence, and upon doing so, he may direct that all or part of the provisions of sections 32 and 37 shall not apply either generally or to particular classes of wholesalers or retailers.".
GOLDA MEIR HAIM MOSHE SHAPIRO Prime Minister Minister of the Interior
SHNEUR ZALMAN SHAZAR President of the State
* Passed by the Knesset on the 7th Tevet, 5730 (16th December, 1969) and published in Sefer Ha-Chukkim No. 578 of the 15th Tevet, 5730 (24th December, 1969), p. 8 ; the Bill and an Explanatory Note were published in Hatzdot Chok No. 844 of 5729, p. 308. *) Dinei Medina Yisrael (Nusach Chadash) No. 4, p. 74 ; NV vol. I, p. 97. (No. 5)
NATIONAL DEFENCE LOAN (AMENDMENT) LAW, 5730—1969 *
1. In section 1 of the National Defence Loan Law, 5729—1969 1). Amendment the expression "300 million pounds" shall be replaced by the exprès- of section .1. sion "375 million pounds".
GOLDA MEIR PINCHAS SAPIR Prime Minister Minister of Finance
SHNEUR ZALMAN SHAZAR President of the State
(No. 6)
EXCISE ON SUGAR (REPEAL) LAW, 5730—1969 **
1. The Excise on Sugar Law, 5717—1957 2), is hereby repealed. Repeal.
GOLDA MEIR PINCHAS SAPIR Prime Minister Minister of Finance
SHNEUR ZALMAN SHAZAR President of the State
* Passed by the Knesset on the 7th Tevet, 5730 (16th December, 1969) and published in Sefer-Ha-Chukkim No. 578 of the 15th Tevet, 5730 (24th De• cember, 1969), p. 8 ; the Bill and an Explanatory Note were published in Hatza'ot Chok No. 862 of 5730, p. 20. !) Safer Ha-Chukkim No. 554 of 5729, p. 82 ; LSI vol. XXIII, p. 89. ** Passed by the Knesset on the 7th Tevet, 5730 (16th December, 1969) and published in Safer Ha-Chukkim No. 578 of the 15th Tevet, 5730 (24th December, 1969), p. 9 ; the Bill and an Explanatory Note were published in Hatza'ot Chok No. 861 of 5730, p. 14. 2) Safer Ha-Chukkim of 5717, p. 120 — LSI vol. XI, p. 128 ; Safer Ha- Chukkim of 5728, p. 156 — LSI vol. XXII, p. 180. (No. 7)
PROPERTY TAX AND COMPENSATION FUND (AMENDMENT NO. 6) LAW, 5730—1969 *
Addition of 1. In the Property Tax and Compensation Fund Law, 5721—1961 1).
section 46C. tne following section shall be inserted after section 46B :
"Insurance of 46C. (a) To enable payment of compensation out outside^ e °^ tne Compensation Fund for damage to Israeli of State. property abroad, the Minister of Finance may, with the approval of the Finance Committee of the Knesset, prescribe by regulations, either generally or in respect of particular classes of owners, that all or part of the provisions of this Law shall, with such adaptations as he may by regulations direct or as the case may require, apply to specific classes of Israeli property abroad as if the same were in Israel. (b) Regulations under subsection (a) shall pre• scribe, inter alia, the following particulars : (1) whether the provisions of this Law shall apply only on the application of the owner of the property or shall apply so long as the owner of the property does not make applica• tion to the contrary; (2) the rate of the payment due from the owner of the property ; (3) the classes of damage for which compen• sation shall be paid and the rates of the com• pensation. (c) For the purposes of this section, "Israeli property abroad" means immovable property, stock- in-trade or equipment situated outside the area of
* Passed by the Knesset on the 22nd Tevet, 5730 (31st December, 1969) and published in Sefer Ha-Chukkim No. 579 of the 28th Tevet, 5730 (6th January, 1970), p. 12 ; the Bill and an Explanatory Note were published in Hatza'ot Chok No. 861 of 5730, p. 14. !) Sefer Ha-Chukkim of 5721, p. 100 — LSI vol. XV, p. 101 ; Sefer Ha- Chukkim of 5724, p. 91 — LSI vol. XVIII, p. 85 ; Sefer Ha-Chukkim of 5725, p. 197 — LSI vol. XLX, p. 206 ; Sefer Ha-Chukkim of 5727, p. 26 — LSI vol. XXI, p. 15 ; Sefer Ha-Chukkim of 5728, p. 42 — LSI vol. XXII, p. 36 ; Sefer Ha-Chukkim of 5729, p. 86 — LSI vol. XXIII, p. 93.
10 the State and the owner of which is an Israel national or Israel resident or a body corporate registered in Israel.".
GOLDA MEIR PINCHAS SAPIR Prime Minister Minister of Finance
SHNEUR ZALMAN SHAZAR President of the State
(No. 8)
EMERGENCY REGULATIONS (EXTENSION OF RESERVE SERVICE AGE) (EXTENSION OF VALIDITY) LAW, 5730—1970*
1. The validity of the Emergency Regulations (Extension of Re- Extension of serve Service Age), 5730—19691). (hereinafter referred to as "the valldlty• Regulations"), as amended by the Schedule, is hereby extended until the 3rd Tevet, 5731 (31st December, 1970).
2. This Law shall come into force on the 24th Shevat, 5730 (31st Commencement. January, 1970).
SCHEDULE
1. In section 2 of the Regulations, the words "of the age of 45" Amendment ־shall be replaced by the words "of any age from 45 to 49, inclusive". °f fefilL
MOSHE DAYAN GOLDA MEIR Minister of Defence Prime Minister
SHNEUR ZALMAN SHAZAR President of the State
* Passed by the Knesset on the 13th Shevat, 5730 (20th January, 1970) and published in Sefer Ha-Chukkim No. 580 of the 20th Shevat, 5730 (27th January, 1970), p. 14 ; the Bill and an Explanatory Note were published in Hatza'ot Chok No. 863 of 5730, p. 22. 1J Kovetz Ha-Takkanot No. 2480 of 5730, p. 444.
11 (No. 9)
EMERGENCY REGULATIONS (SECURITY ZONES) (EXTENSION OF VALIDITY) LAW, 5730—1970 *
Extension 1. The validity of the Emergency Regulations (Security Zones), of validity. 5709—1949 J) (hereinafter referred to as "the Regulations") is hereby extended until the 13th Tevet, 5732 (31st December, 1971).
Right of 2. The Minister of Defence may at any time revoke the whole or revocation. part of the Regulations by order published in Reshumot.
Commencement. 3. This Law shall come into force on the 20th Shevat, 5730 (27th January, 1970).
GOLDA MEIR MOSHE DAYAN Prime Minister Minister of Defence
SHNEUR ZALMAN SHAZAR President of the State
* Passed by the Knesset on the 13th Shevat, 5730 (20th January, 1970) and published in Sefer Ha-Chukkim No. 580 of the 20th Shevat, 5730 (27th January, 1970), p. 14 ; the Bill and an Explanatory Note were published in Hatza'ot Chok No. 861 of 5730, p. 15. J) Sefer Ha-Chukkim of 5709, p. 136 — LSI vol. Ill, p. 56 ; Sefer Ha- Chukkim of 5710, p. 280—LSI vol. IV, p. 153 ; Sefer Ha-Chukkim of 5724, p. 34 — LSI vol. XVIH, p. 33 ; Sefer Ha-Chukkim of 5728, p. 22 — LSI vol. XXII, p. 23.
12 (No. 10)
EMERGENCY REGULATIONS (REGISTRATION AND MOBILISATION OF EQUIPMENT) (EXTENSION OF VALIDITY) LAW, 5730—1970 *
1. The validity of the Emergency Regulations (Registration and Extension Mobilisation of Equipment), 5717—1956 1). is hereby extended until °fvalldlty• the 13th Tevet, 5732 (31st December, 1971).
2. This Law shall come into force on the 20th Shevat, 5730 (27th Commencement. January, 1970).
GOLD A MEIR MOSHE DAYAN Prime Minister Minister of Defence
SHNEUR ZALMAN SHAZAR President of the State
* Passed by the Knesset on the 13th Shevat, 5730 (20th January, 1970) and published in Sefer Ha-Chukkim No. 580 of the 20th Shevat, 5730 (27th January, 1970), p. 15; the Bill and an Explanatory Note were published in Hatza'ot Chok No. 864 of 5730, p. 24. i) Kovetz Ha-Takkmiot No. 649 of 5717, p. 334 ; Sefer Ha-Chukkim of 5723, p. 24 — LSI vol. XVII, p. 33 ; Sefer Ha-Chukkim of 5724, p. 34 — LSI vol. XVIII, p. 33 ; Sefer Ha-Chukkim of 5726, p. 8 — £.5/ vol. XX, p. 8 ; Sefer Ha-Chukkim of 5728, p. 50 — LSI vol. XXII, p. 46.
13 (No. 11)
EMERGENCY REGULATIONS (AREAS HELD BY THE DEFENCE ARMY OF ISRAEL — CRIMINAL JURISDICTION AND LEGAL ASSISTANCE) (EXTENSION OF VALIDITY) LAW, 5730—1970*
Extension of 1. The validity of the Emergency Regulations (Areas Held by the validity. Defence Army of Israel — Criminal Jurisdiction and Legal Assistance), 5727—1967 1). is hereby extended until the 3rd Tevet, 5731 (31st De• cember, 1970).
Commencement. 2. This Law shall come into force on the 20th Shevat, 5730 (27th January, 1970).
GOLDA MEIR YAAKOV S. SHAPIRO Prime Minister , Minister of Justice
SHNEUR ZALMAN SHAZAR President of the State
* Passed by the Knesset on the 14th Shevat, 5730 (21st January, 1970) and published in Sefer Ha-Chukkim No. 580 of the 20th Shevat, 5730 (27th January, 1970), p. 15 ; the Bill and an Explanatory Note were published in Hatzdot Chok No. 861 of 5730, p. 17. i) Kovetz Ha-Takkanot No. 2069 of 5727, p. 2741 ; Sefer Ha-Chukkim of 5728, p. 20 — LSI vol. XXII, p. 20 ; Sefer Ha-Chukkim of 5729, p. 32 — LSI vol. XXin, p. 38.
14 (No. 12)
PENAL LAW AMENDMENT (REMUNERATION FOR COMMITTING OFFENCE) LAW, 5730—1970*
1. In section 11A of the Penal Law Amendment (Modes of Punish- Amendment of ment) Law, 5714—1954 1). subsection (b) shall be re-marked as sub- secfon 11A of section (c), and the following subsection shall be inserted before it: Amendment™
"(bv ) Where a person convicted of an offence has received (Modes of ' . * , ...... Punishment) Law. something as a remuneration for committing it or a means for committing it, the Court may impose a fine of an amount treble the value of the remuneration or of the amount prescribed by any enactment, whichever is the greater amount.".
2. In section 32 of the Criminal Procedure (Arrest and Searches) Amendment of Ordinance (New Version), 5729—1969 2) (hereinafter referred to as crirdnafproce-
"the Ordinance"), the words "or that it has been given as a remu- dure (Arrest iteration for committing or a means for committing an offence" shall and Searches) be added at the end of subsection (a). Ordinance.
3. Section 39 of the Ordinance shall be re-marked as section 39(a) Amendment of section 39 of the and the following subsections shall be inserted thereafter : Criminal Proce• "(b) Where any article has been given as a remuneration dure (Arrest for committing or a means for committing an offence, and and Searches) none of the other conditions stated in section 32 applies Ordinance. to it, it shall not be forfeited unless it was given by or with the sanction of the owner or lawful possessor as a remuneration for committing or a means for committing the offence of which the sentenced person has been convicted or another offence connected with that offence; and it shall be immaterial whether or not the sentenced per• son committed the other offence or even intended to com• mit it. (c) An order for forfeiture under this section may be made either in the sentence or upon a petition on behalf of a plaintiff.".
GOLDA MEIR YAAKOV S. SHAPIRO Prime Minister Minister of Justice
SHNEUR ZALMAN SHAZAR President of the State
Passed by the Knesset on the 14th Shevat, 5730 (21st January, 1970) and published in Sefer Ha-Chukkim No. 580 of the 20th Shevat 5730 (27th January, 1970), p. 16 ; the Bill and an Explanatory Note were published in Hatzdot Chok No. 847 of 5729, p. 325. Sefer Ha-Chukkim of 5714, p. 234 ; LSI vol. VIII, p. 206. 2) Dinei Medinat Yisrael (Nusach Chadash) No. 12, p. 284.
15 (No. 13)
DEFENCE ARMY OF ISRAEL (DECORATIONS) LAW, 5730—1970 *
Definitions. 1. In this Law, "soldier", "Army Orders" and "C.G.S." (Chief of the General Staff) have the meanings assigned to these terms in sec• tion 1 of the Military Justice Law, 5715—1955 1).
The decorations. 2. The following are the decorations which are to mark acts of heroism, valour and exemplary courage performed by soldiers during the time of their service : (1) the Badge of Heroism ; (2) the Badge of Valour ; (3) the Exemplary Courage Badge.
Badge 3. The Minister of Defence may, on the recommendation of the of Heroism. C.G.S., award the Badge of Heroism for an act of supreme heroism performed in the course of fighting, in the face of the enemy, at the risk of one's life.
Badge of Valour. 4. The C.G.S. may award the Badge of Valour for an act of he• roism performed in carrying out a combat assignment at the risk of one's life.
Exemplary 5. The C.G.S. may award the Exemplary Courage Badge for an Courage Badge. act of bravery worthy to serve as an example.
Delivery of 6. (a) If the person for whose act the decoration is awarded is no decorations longer alive at the time of the award, the Minister of Defence or the for safekeeping. C.G.S., as the case may be, may direct that the decoration be delivered to a relative for safekeeping. (b) For the purposes of this section, "relative" means one of the following, in the order in which they are mentioned : (1) the widow or widower ; (2) a son or daughter ; (3) the mother ; (4) the father; (5) a brother or sister.
* Passed by the Knesset on the 13th Shevat, 5730 (20th January, 1970) and published in Sefer Ha-Chukkim No. 581 of the 22nd Shevat, 5730 (29th January, 1970), p. 18 ; the Bill and an Explanatory Note were published in Hatzdot Chok No. 845 of 5729, p. 313. l) Sefer Ha-Chukkim of 5715, p. 171 ; LSI vol. IX, p. 184.
16 Where several relatives are of the same degree of kinship, the decora• tion shall be delivered to the oldest. (c) The person competent to award the decoration may, in re• spect of a particular case, direct that the decoration be delivered for . safekeeping otherwise than in accordance with the order prescribed in subsection (b) or otherwise than to a relative of the deceased.
7. (a) Badges marking participation of a soldier in a war, a cam- Campaign Badge, paign or a battle (hereinafter referred to as "campaign badges"), and the persons entitled to receive them, shall be prescribed by the Minister of Defence with the approval of the Government. (b) The form a campaign badge shall be prescribed by the Min• ister of Defence. (c) A campaign badge shall be awarded by the Minister of Defence or a person empowered by him in that behalf. (d) For the purposes of sections 8 and 12 to 16, a campaign badge shall be deemed to be a decoration, and all the provisions of the said sections shall also apply, mutatis mutandis, to a campaign badge.
8. The award of a decoration is left to the discretion of the person Discretion of competent to award it, and his decision shall be final. awarding r authority.
9. The Government shall prescribe the form of the decorations up• Form of on the proposal of the Minister of Defence. decoration.
10• (a) A person who, having performed an act for which he de- Procedure and for their presentation shall be prescribed by Army Orders. ceremonial.
11. (a) A person who, having performed an act for which he de• Award of bar serves a decoration, again performs an act for which he deserves such to decoration. decoration may be awarded a bar to the decoration for such latter act, but he shall not be awarded that decoration again. (b) A bar shall be deemed to be a decoration and all the provi• sions of this Law and the regulations thereunder relating to decora• tions shall apply also to a bar.
12. The Minister of Defence may make regulations concerning the Wearing of manner of wearing decorations awarded under this Law and may there• decorations. in prescribe the circumstances under which they may be worn.
13. A person who has been awarded a decoration shall not wear Persons disquali• it — fied for wearing decorations. (1) while undergoing a penalty of imprisonment or deten• tion or
17 (2) if after being awarded the decoration he is convicted of one of the following offences : (a) an offence under section 7, 8, 9, 10, 11, 17, 22 or 23 (b) of the Penal Law (State Security, Foreign Rela• tions and Official Secrets) Law, 5717—1957 *); (6) an offence under section 12(a), 13, 21, or 23(c) of the Penal Law (State Security, Foreign Relations and Official Secrets) Law, 5717—1957, committed with in• tent to impair State security; (c) an offence under section 43, 44 or 45 of the Mili• tary Justice Law, 5715—1955 ; (d) an offence under section 46 of the Military Justice Law, 5715—1955, committed during a time of fighting or involving the use of a weapon or the threat thereof; (e) an offence under section 92 of the Military Justice Law, 5715—1955, if the judgment expressly states that the intention not to return to the Army has been proved otherwise than by means of the presumption created by section 93 of that Law.
Prohibition 14. (a) A person shall not use a decoration or any thing having the andmuseUfaCtUre snaPe or appearance of a decoration in commercial advertising. (b) A person shall not manufacture or wear or use for any other purpose a thing so similar to a decoration as to be likely to mislead. (c) A person shall not manufacture, deal in, or use for pur• poses of publicity or information, any decoration or any thing having the shape or appearance of a decoration, save under a written permit from a person empowered in that behalf by the Minister of Defence and in accordance with the conditions of the permit. This subsection shall not derogate from the prohibition imposed by subsection (a). (d) A person who has been awarded a decoration shall not sell or pledge or otherwise charge it. (e) A person who contravenes any provision of this section shall be liable to imprisonment for a term of three months or to a fine of 1,000 pounds. Where a person is convicted of non-compliance with the conditions of a permit granted to him under subsection (c), the permit shall become void by virtue of the conviction. This provision shall not derogate from a power under any other law to cancel a permit or to vary its conditions.
J) Sefer Ha-Chukkim of 5717, p. 172 ; LSI vol. XI, p. 186.
18 15. (a) (1) Whoever knowingly delivers to a person competent under Penalties. any Law or under Army Orders to ascertain facts for the purpose of this Law any information which is false in a material particular ; (2) whoever delivers information as aforesaid to his com• mander or to any other authority with intent to obtain unlawfully a decoration for himself or for another or to prevent the award of a decoration to another shall be liable to imprisonment for a term of one year or to a fine of 3,000 pounds. (b) A person who wears a decoration without being entitled to do so or in contravention of this Law or of regulations thereunder shall be liable to imprisonment for a term of three months or to a fine of 1,000 pounds. (c) A person who wears or otherwise uses a decoration or any• thing resembling a decoration in a manner contemptous of the de• coration shall be liable to imprisonment for a term of one year or to a fine of 3,000 pounds.
16. A decoration awarded under this Law shall not be attachable Prohibition of and shall not be included among the property, within the meaning of attachment. section 37 of the Bankruptcy Ordinance, 19361). of a bankrupt.
17. In section 131 of the Military Justice Law, 5715—1955, the Amendment of words "or campaign badge or decoration" shall be inserted after the Military Justice Law, 5715-1955. words "military insignia or badge".
18. The provisions of this Law shall not derogate from the power Citations. of the C.G.S. or a person empowered in that behalf by Army Orders to award citations for acts not meeting the criteria for the award of a decoration under this Law.
19. (a) The powers under this Law concerning the award of decora• Decoration to tions for acts of a soldier shall also vest in the Minister of Defence or member of the C.G.S., as the case may be, in respect of the award of decorations Border Police. for acts of a member of the Border Police, provided that he performed the act in the discharge of his duties, upon the instructions of or in cooperation or coordination with the Army. (b) A decoration awarded under this section shall be deemed to be decoration awarded for an act of a soldier. (c) For the purposes of this section, "member of the Border Police" means a person who belongs to the Police Force and is serving with the Border Police.
!) P.G. of 1936, Suppl. I, p. 21 (English Edition).
19 Commencement. 20. (a) A decoration may be awarded for an act performed after the 25th Iyar, 5727 (4th June, 1967); but a person who by that day — (1) had been awarded a citation by the C.G.S. may be awarded a decoration under this Law for the act for which he was cited ; (2) had been awarded the Hero-of-Israel Badge shall be deemed to have been awarded and presented the Badge of Heroism under this Law. (b) A campaign badge marking participation in the War of Independence, the Sinai War or the Six-Day War shall be deemed to be a campaign badge awarded under this Law.
Implementation 21. The Minister of Defence is charged with the implementation of and regulations, this Law and may make regulations as to any matter relating to such implementation. .
GOLDA MEIR MOSHE DAYAN Prime Minister Minister of Defence
SHNEUR ZALMAN SHAZAR President of the State
20 (No. 14)
PENAL LAW AMENDMENT (DECEIT, BLACKMAIL AND EXTORTION) (AMENDMENT) LAW, 5730—1970*
1. In the Penal Law Amendment (Deceit, Blackmail and Extortion) Addition of Law, 5723—1963 *) (hereinafter referred to as "the principal Law"), section 9A• the following section shall be inserted after section 9 : "False entry 9A. A founder, manager, member or official of a in documents body corporate who with intent to deceive enters or of body corporate. causes to be entered any false particular in a docu• ment of the body corporate or with intent to deceive refrains from entering therein any particular which he is under a duty to enter shall be liable to impri• sonment for a term of five years. For the purposes of this section, "body corporate" includes a body corporate about to be established.".
2. The following section shall be inserted after section 12 of the Addition of principal Law : section 12A. "Taking 12A. A person who unlawfully takes the property property for of another in order to induce him to give anything or the purpose of blackmail. to make or sign any document shall be liable to im• prisonment for a term of one year.".
GOLDA MEIR YAACOV S. SHAPIRO Prime Minister Minister of Justice
SHNEUR ZALMAN SHAZAR President of the State
* Passed by the Knesset on the 20th Shevat, 5730 (27th January, 1970) and published in Sefer Ha-Chukkim No. 582 of the 29th Shevat, 5730 (5th February, 1970), p. 22 ; the Bill and an Explanatory Note were published in Hatza'ot Chok No. 814 of 5729, p. 112. ') Sefer Ha-Chukkim No. 403 of 5723, p. 130; ¿5/ vol. XVII, p. 153. (No. 15)
IMPORT/EXPORT AND CUSTOMS POWERS (DEFENCE) ORDINANCE (AMENDMENT NO. 3) LAW, 5730—1970*
Addition of l. in section 3 of the Import, Export and Customs Powers (De- foaVto (1 d) fence) 0rdinance> 1939 *) (hereinafter referred to as "the Ordinance"), the following subsections shall be inserted after subsection (1): "(la) An order under this section may be general or re• stricted, depending on criteria which the Minister of Com• merce and Industry deems appropriate in the circumstances of the case, and the Minister may, inter alia, prescribe in an order as aforesaid that a person importing or wishing to import goods, or wishing to clear goods from the Cus• toms, shall make a deposit in favour of the Treasury in such place, in such amount, at such rate, at such time, for such period, on such conditions and in such manner as shall be prescribed in the order, and he may prohibit clear• ance of any goods from the Customs unless a deposit has been made in respect thereof. (lb) The Minister of Commerce( and Industry may, jn consultation with the Minister of Finance, prescribe by or• der that the Treasury shall pay to a person who has made a deposit under subsection (la). interest on such deposit at such rate and on such conditions as shall be prescribed in the order.
(lc) The Minister of Commerce and Industry may pre• scribe by order the duties of the person with whom a deposit under subsection (la) has been made, including.the duty to pay interest, at such rate as the Minister deems appropriate, for fail• ure to transfer the deposit to the Treasury in time. (Id) The provisions of section 2 of the Customs and Excise Du• ties (Variation of Tariff) Law, 5709—1949 2), shall apply to an order under subsection (la) concerning the making of a deposit as if it were an order imposing duty, within the meaning of that section.".
Amendment of 2. In section 3 (3) of the Ordinance, after the words "penal provi- section3(3). sions" appearing in brackets, there shall be inserted the words "and in * Passed by the Knesset on the 27th Shevat, 5730 (3rd February, 1970) and published in Sefer Ha-Chukkim No. 583 of the 6th Adar Alef, 5730 (12th February, 1970), p. 24 ; the Bill and an Explanatory Note were published in Hatza'ot Chok No. 865 of 5730, p. 32. 1J P.G. of 1939, Suppl. I, p. 163 (English Edition) ; Sefer Ha-Chukkim of 5712, p. 129 — LSI vol. VI, p. 36; Sefer Ha-Chukkim of 5717, p. 17 — LSI vol. XI, p. 17. 2) Sefer Ha-Chukkim of 5709, p. 154 — LSI vol. Ill, p. 69. '
22 particular a fine up to 10,000 pounds or double the value of the imported goods".
3. An order made under section 3 of the Ordinance on or after the Transitional 4th Shevat, 5730 (11th January, 1970) shall have effect as from the Provision, day on which it was made as if it had been made under that section as amended by this Law.
GOLDA MEIR YOSEF SAPHIR Prime Minister Minister of Commerce and Industry
־ • SHNEUR ZALMAN SHAZAR President of the State
(No. 16)
PENAL LAW AMENDMENT (MODES OF PUNISHMENT) (AMENDMENT NO. 7) LAW, 5730—1970 *
1. In the Penal Law Amendment (Modes of Punishment) Law, Addition of 5714—!9541) (hereinafter referred to as "the principal Law"), the section 15B. following section shall be inserted after section 15A: "Rules as 15B. (a) A person on whom civil imprisonment has to under been imposed shall undergo it in addition to any going civil imprisonment. other term of imprisonment to be undergone by him, whether such other imprisonment is criminal impri sonment or civil imprisonment. (b) A person on whom civil imprisonment and criminal imprisonment have been imposed shall undergo the civil imprisonment first. Where civil im prisonment is imposed on a person while undergoing criminal imprisonment, the criminal imprisonment shall be interrupted for the purpose of undergoing the civil imprisonment and shall continue when the civil imprisonment ceases.
* Passed by the Knesset on the 27th Shevat, 5730 (3rd February, 1970) and published in Sefer Ha-Chukkim No. 583 of the 6th Adar Alef, 5730 (12th February, 1970), p. 25 ; the Bill and an Explanatory Note were published in Hatza'ot Chok No. 856 of 5729, p. 389. !) Sefer Ha-Chukkim of 5714, p. 234 — LSI vol. VIII, p. 206 ; Sefer Ha- Chukkim of 5721, pp. 19, 24 and 115 — LSI vol. XV, pp. 17, 20 and 122 ; Sefer Ha-Chukkim of 5723, p. 80 — LSI vol. XVII, p. 96 ; Sefer Ha-Chukkim of 5725, pp. 181 and 183 — LSI vol. XIX, pp. 186 and 188 ; Sefer Ha-Chukkim of 5730, p. 16 — supra, p. 15.
23 (c) A person on whom several terms of civil imprisonment have been imposed on the same ground shall undergo them in the order in which they were imposed. Terms imposed on different grounds shall be undergone in the following order: (1) imprisonment to compel compliance with a court order or to compel proper conduct in court; (2) imprisonment to compel payment of a maintenance debt; (3) imprisonment to compel payment of any other civil debt; (4) imprisonment to compel the giving of a get (letter of divorce) or the giving of halitza (release from !evirate obligation); (5) imprisonment on any other ground. (d) In this section — "criminal imprisonment" means imprisonment im• posed in criminal proceedings as a punishment for an offence and includes imprisonment for non-pay• ment of a fine imposed as aforesaid; "civil imprisonment" means imprisonment other than criminal imprisonment; "court" includes a tribunal and a commission of inquiry. (e) Civil imprisonment is not imprisonment for the purposes of section 17.".
Amendment of 2. At the end of section 23 of the principal Law, there shall be section 23. added the words : "and for the purposes of section 17, only the period of imprisonment actually to be undergone shall be taken into account".
Amendment of 3. Section 24 of the principal Law shall be replaced by the follow• section 24. ing section: "Imprisonment 24. Where imprisonment for non-payment of a in lieu of fine fine has been imposed on any person, then, unless in addition to other imprison• the court otherwise directs, he shall undergo it in ment. addition to any other imprisonment, including im• prisonment for non-payment of another fine, whether such other imprisonment was imposed in the same or in other proceedings.".
GOLDA MEIR YAAKOV S. SHAPIRO Prime Minister Minister of Justice
SHNEUR ZALMAN SHAZAR President of the State
24 (No. 17)
JUVENILE OFFENDERS ORDINANCE (AMENDMENT NO. 5) LAW, 5730—1970 *
1. In section 3 of the Juvenile Offenders Ordinance, 1937 1). the Amendment of following subsection shall be inserted after subsection (1): section 3. "(la) A minor as referred to in subsection (1) shall be brought before the court competent to try the class of offence with which he is charged : Provided that, notwithstanding anything in any law, the Minister of Justice may empower a Magistrate's Court, by order, to try minors for felonies under the sections specified in the order.".
GOLD A MEIR YOSEF BURG Prime Minister Minister of Social Welfare
SHNEUR ZALMAN SHAZAR President of the State
* Passed by the Knesset on the 5th Adar Alef, 5730 (11th February, 1970) and published in Sefer Ha-Chukkim No. 584 of the 13th Adar Alef, 5730 (19th February, 1970), p. 28 ; the Bill and an Explanatory Note were pub• lished in Hatza'ot Chok No. 838 of 5729, p. 259. J) P.G. of 1937, Suppl. I, p. 137 (English Version); Sefer Ha-Chukkim of 5710, p. 261 — LSI vol. IV, p. 140 ; Sefer Ha-Chukkim of 5717, p. 54 — LSI vol. XI, p. 48 ; Sefer Ha-Chukkim of 5718, p. 190 — LSI vol. XII, p. 216 ; Sefer Ha-Chukkim of 5720, p. 54 — LSI vol. XIV, p. 48. (No. 18)
DEFENCE IMPOST (AMENDMENT AND EXTENSION OF PERIOD OF OPERATION) LAW, 5730—1970 *
Amendment of 1. In section 2 of the Defence Impost Law, 5727—19671) (herein-
section 2. after referred to as "the principal Law"), the words "in the tax years 1967, 1968 and 1969" shall be replaced by the words "in the tax years 1967 to 1971".
Amendment of 2. In section 3 of the principal Law, the following paragraph shall section 3. be inserted after paragraph (2): "(3) for the tax years 1970 and 1971 — 15 per cent of the amount of the determining tax.".
Amendment of 3. In section 4 of the principal Law, the final portion, beginning with section 4. the expression "2 agorot", shall be replaced by the following: "(1) for the tax years 1967 to 1969 — 2 per cent of the charge• able income; (2) for the tax years 1970 and 1971 — 3 per cent of the charge• able income; and for the purposes of calculating income tax, defence impost shall be deemed to be company tax.".
Amendment of 4. In section 5 of the principal Law, the final portion, beginning section 5. with the expression "5 agorot", shall be replaced by the following: "(1) for the tax years 1967 to 1969 — 5 per cent of the profit; (2) for the tax years 1970 and 1971 — 7.5 per cent of the profit.".
Amendment of 5. In section 6 of the principal Law — section 6. (1) the following subparagraph shall be inserted after para• graph (1) (b): "(c) for the tax years 1970 and 1971 — 15 per cent;"; (2) paragraph (2) shall be replaced by the following paragraph : "(2) in the case of a body of persons — (a) for the tax years 1967 to 1969 — 5 per cent; (b) for the.tax years 1970 and 1971 — 7.5 percent.".
* Passed by the Knesset on the 26th Adar Alef, 5730 (4th March, 1970) and published in Sefer Ha-Chukkim No. 585 of the 4th Adar Bet, 5730 (12th March, 1970), p. 30 ; the Bill and an Explanatory Note were published in Hatzdot Chok No. 868 of 5730, p, 61. 1J Sefer Ha-Chukkim of 5727, p. 71— LSI vol. XXI, p. 73; Sefer Ha- Chukkim of 5728, p. 40 — LSI vol. XXII, p. 35.
26 6. In section 7 of the principal Law, the words "in the tax years Amendment of 1967, 1968 or 1969" shall be replaced by the words "in the tax years sectlon7• 1967 to 1971".
GOLDA MEIR PINCHAS SAPIR Prime Minister Minister of Finance
SHNEUR ZALMAN SHAZAR President of the State
(No. 19)
PROPERTY TAX AND COMPENSATION FUND (AMENDMENT NO. 5) (AMENDMENT) LAW, 5730—1970 *
1. In section 5 of the Property Tax and Compensation Fund Amendment of (Amendment No. 5) Law, 5729—1969 *) — section 5. (1) the words "for the tax years 1968 and 1969" in subsection (a) shall be replaced by the words "for the tax years 1968 to 1970"; (2) the words "in the tax year 1967, 1968 or 1969" in sub• section (b) (3) shall be replaced by the words "in any of the tax years 1967 to 1970".
GOLDA MEIR PINCHAS SAPIR Prime Minister Minister of Finance
SHNEUR ZALMAN SHAZAR President of the State
* Passed by the Knesset on the 26th Adar Alef, 5730 (4th March, 1970) and published in Sefer Ha-Chukkim No. 585 of the 4th Adar Bet, 5730 (12th March, 1970), p. 31 ; the Bill and an Explanatory Note were published in Hatza'ot Chok No. 868 of 5730, p. 60. ») Sefer Ha-Chukkim of 5729, p. 86 ; LSI vol. XXIII, p. 93. (No. 20)
LAW OF RETURN (AMENDMENT NO. 2), 5730—1970
Addition of 1. In the Law of Return, 5710—19501). the following sections sections 4A shall be inserted after section 4 : and 4B. "Rights of 4A. (a) The rights of a Jew under this Law and members of the rights of an oleh under the Nationality Law, family. 5712—1952 2), as well as the rights of an oleh under any other enactment, are also vested in a child and a grandchild of a Jew, the spouse of a Jew, the spouse of a child of a Jew and the spouse of a grandchild of a Jew, except for a person who has been a Jew and has voluntarily changed his religion. (b) It shall be immaterial whether or not a Jew by whose right a right under subsection (a) is claimed is still alive and whether or not he has immigrated to Israel. (c) The restrictions and conditions prescribed in re• spect of a Jew or an oleh by or under this Law or by the enactments referred to in subsection (a) shall also apply to a person who claims a right under subsection (a).
Definition. 4B. For the purposes of this Law, "Jew" means a person who was born of a Jewish mother or has be• come converted to Judaism and who is not a mem• ber of another religion.".
Amendment of 2. In section 5 of the Law of Return, 5710—1950, the following section 5. shall be added at the end: "Regulations for the purposes of sections 4A and 4B require the approval of the Constitution, Legislation and Juridical Committee of the Knesset.".
Amendment of 3. In the Population Registry Law, 5725- -1965 3), the following the Population Registry Law, section shall be inserted ''after, .section" 3 : 5725-1965. "Power of 3A. (a) A person shall not be registered as a Jew registration by ethnic affiliation or religion if a notification under and definition. this Law or another entry in the Registry or a public
*) Passed by the Knesset on 2nd Adar Bet, 5730 (10th March, 1970) and published in Sefer Ha-Chukkim No. 586 of the 11th Adar Bet, 5730 (19th March, 1970), p. 34 ; the Bill and an Explanatory Note were published in Hatza'ot Chok No. 866 of 5730, p. 36. 1) Sefer Ha-Chukkim of 5710 p. 159 — LSI vol. IV, p. 114; Sefer Ha- Chukkim No. 5714, p. 174 — LSI vol. VIII, p. 144. 2) Sefer Ha-Chukkim of 5712, p. 146 ; LSI vol. VI, p. 50. 3) Sefer Ha-Chukkim of 5725, p. 270 ; LSI vol. XIX, p. 288.
28 document indicates that he is not a Jew, so long as the said notification, entry or document has not been controverted to the satisfaction of the Chief Registra• tion Officer or so long as declaratory judgment of a competent court or tribunal has not otherwise deter• mined. (b) For the purposes of this Law and of any regis• tration or document thereunder, "Jew" has the same meaning as in section 4B of the Law of Return, 5710—1950. (c) This section shall not derogate from a registra• tion effected before its coming into force.".
GOLDA MEIR GOLDA MEIR Prime Minister Prime Minister Acting Minister of the Interior
SHNEUR ZALMAN SHAZAR President of the State (No. 21)
PLANT PROTECTION (AMENDMENT NO. 2) LAW, 5730—1970 *
Amendment of 1. In section 2 of the Plant Protection Law, 5716—1956 1J (herein• section 2. after referred to as "the principal Law"), the words "the spread of pests" in the opening passage shall be replaced by the words "the appearance of pests or the spread thereof".
Re-marking of 2. Section 2A of the principal Law shall be re-marked as section section 2A 2A1 and the following section shall be inserted before it: and addition of new "Materials for 2A. The Minister of Agriculture may, by order, section 2A. controlling regulate, restrict or prohibit the import, packing, growth. sale and distribution of materials intended for con• trolling the growth of plants or controlling the crop."
Addition of 3. The following section shall be inserted after section 2 O of the section 2P. principal Law: "Regulation of 2 P. (a) The Minister of Agriculture may, by order, cultivation of regulate, restrict or prohibit the cultivation of par• plants. ticular plants, in such area and for such period as he may prescribe, in so far as he deems it necessary so to do in order to prevent the appearance of pests or the spread thereof. (b) An order under subsection (a) shall expire at the end of sixty days from the day on which it is made unless it is confirmed or rescinded by decision of the Economic Committee of the Knesset before then : Provided that the time between terms of the Knesset shall not be taken into account."
Amendment of 4. In section 3 of the principal Law, subsection (a) shall be re• section 3. placed by the following subsection : "(a) The Minister of Agriculture may, by order, in so far as he deems it necessary so to do in order to prevent the appearance of pests or the spread thereof, require the owner of any immov• able property, plants, plant products or subsidiary materials to carry out extermination operations, including the destruction of plants and plant products, whether affected or not, and the
* Passed by the Knesset on the 8th Adar Bet, 5730 (16th March, 1970) and published in Sefer Ha-Chukkim No. 587 of the 17th Adar Bet (25th March, 1970), p. 36 ; the Bill and an Explanatory Note were published in Hatzdot Chok No. 844 of 5729, p. 306. i) Sefer Ha-Chukkim of 5716, p. 79 — LSI vol. X, p. 75 ; Sefer Ha-Chukkim of 5726, p. 44 — LSI vol. XX, p. 37.
30 destruction of subsidiary materials, other than structures and vehicles.".
5. The following section shall be inserted after section 11 of the Addition of principal Law: section 11 A.
"Investigations. 11 A. The Minister of Police may, by general or special order, for a period not exceeding twelve months, empower an inspector appointed under sec• tion 10 to carry out investigations for the purpose of preventing or discovering offences under this Law or the regulations made thereunder, and an inspector as aforesaid may exercise all the powers vested in an officer of police of or above the rank of inspector by section 2 of the Criminal Procedure (Evidence) Ordinance 1).".
6. In section 15 of the principal Law — Amendment of section 15. (1) the mark "(a)" shall be inserted after the figure "15" and the words "which were free from pests" shall be deleted; (2) the following section shall be inserted after subsection (a): "(b) A person who considers himself aggrieved by a deci• sion of the Minister of Agriculture under subsection (a), other than a decision to grant no compensation at all, may object before an objection committee appointed for the pur• poses of section 2D to the amount of damage fixed for him. (c) The objection committee may allow all or part of the objection, or dismiss it.".
GOLDA MEIR HAIM GVATI Prime Minister Minister of Agriculture
SHNEUR ZALMAN SHAZAR President of the State
*) Laws of Palestine vol. I, cap. 34, p. 467 (English Edition).
31 (No. 22)
WAGE PROTECTION (AMENDMENT NO. 8) LAW, 5730—1970 *
Amendment of 1. In the Wage Protection Law, 5718—1958 x), the following shall be section 5. added at the end of section 5 : "unless otherwise provided in a collec• tive agreement in respect of payment for overtime or remuneration fot work during the weekly rest, the agreement having been approved for this purpose by the Minister of Labour".
Commencement. 2. This Law shall have effect from the 19th Nisan, 5724 (1st Au• gust, 1964), and the approval of the Minister of Labour shall have effect from the date of the coming into force of the collective agree• ment.
GOLDA MEIR YOSEF ALMOGI Prime Minister Minister of Labour
SHNEUR ZALMAN SHAZAR President of the State
* Passed by the Knesset on the 17th Adar Bet, 5730 (25th March, 1970) and published in Sefer Ha-Chukkim No. 588 of the 21st Adar Bet, 5730 (29th March, 1970), p. 40; the Bill and an Explanatory Note were published in Hatza'ot Chok No. 853 of 5729, p. 357. ') Sefer Ha-Chukkim of 5718, p. 86 — £.5/ vol. XII, p. 100 ; Sefer Ha-Chuk• kim of 5719, p. 40 — LSI vol. XIII, p. 41 ; Sefer Ha-Chukkim of 5720, p. 99 — LSI vol. XIV, p. 98 ; Sefer Ha-Chukkim of 5724, p. 35 — LSI vol. XVni, p. 34 ; Sefer Ha-Chukkim of 5725, p. 14 — LSI vol. XIX, p. 10 ; Sefer Ha-Chukkim of 5728, p. 256 — LSI vol. XXII, p. 293 ; Sefer Ha-Chukkim of 5729, pp. 53 and 77 — LSI vol. XXIII, pp. 58 and 86.
32 (No. 23)
ADVANCE PAYMENT LAW, 5730—1970
1. The Government is hereby authorised to accept from the Bank Advance payment of Israel (hereinafter referred to as "the Bank") and the Bank is hereby g^SoT authorised to make to the Government an advance payment of an jsrae!. amount not exceeding 1,200,000,000 pounds.
2. The conditions, and times of repayment, of the advance payment ^?"^0,^ shall be laid down by agreement between the Minister of Finance and payment, the Governor of the Bank with the approval of the Finance Commit• tee of the Knesset.
GOLDA MEIR PINCHAS SAPIR Prime Minister Minister of Finance
SHNEUR ZALMAN SHAZAR President of the State
(No. 24)
DEFENCE STAMP (AMENDMENT NO. 3) LAW, 5730—1970**
1. In section 3 of the Defence Stamp Law, 5717—1956l) — Amendment of section 3. (1) subsections (a) and (b) shall be replaced by the following sub• sections : "(a) Transportation by bus during the period of the impost
* Passed by the Knesset on the 18th Adar Bet, 5730 (26th March, 1970) and published in Sefer Ha-Chukkim No. 588 of the 21st Adar Bet, 5730 (29th March, 1970), p. 40 ; the Bill and an Explanatory Note were published in Hatza'ot Chok No. 872 of 5730, p. 82. *• Passed by the Knesset on the 18th Adar Bet, 5730 (26th March, 1970) and published in Sefer Ha-Chukkim No. 588 of the 21st Adar Bet, 5730 (29th March, 1970), p. 41 ; the Bill and an Explanatory Note were pub• lished in Hatza'ot Chok No. 870 of 5730, p. 72. !) Sefer Ha-Chukkim of 5717, p. 11 — LSI vol. XI, p. 11 ; Sefer Ha-Chukkim of 5718, p. 131 — LSI vol. XII, p. 152; Sefer Ha-Chukkim of 5726, p. 23 — LSI vol. XX, p. 16.
33 shall be charged with defence stamp impost at the rate of one nineteenth of the amount of the fare. (b) In this section — "bus" means a motor vehicle used for the transportation of pas• sengers for remuneration and licensed under the Traffic Ordi• nance1) for the transportation of twelve or more passengers in addition to the driver; "passenger" includes a person at whose disposal a bus has been placed for remuneration; "fare" means any amount payable for transportation by bus or for placing a bus at the disposal of a passenger and includes an amount payable for a service rendered to a passenger." ; (2) (a linguistic amendment not affecting the English version) (3) subsection (e) shall be replaced by the following subsection : "(e) The Minister of Finance may prescribe by order that for the purpose of calculating defence stamp impost the following shall be deducted from the amount of a fare: (1) an amount payable for services designated by him for this purpose; (2) such portion of the fare as shall be deemed to be payable for services not to be included therein. (f) The Minister of Finance may, by order, exempt the trans• portation of tourists from defence stamp impost if the fare has been paid in foreign currency." ; (4) subsection (g) is hereby repealed.
GOLDA MEIR PINCHAS SAPIR Prime Minister Minister of Finance
SHNEUR ZALMAN SHAZAR President of the State
i) Dinel Medinat Yisrael (Nusach Chadash) No. 7, p. 161 — NV vol. I, p. 222. (No. 25)
DEFENCE STAMP (AMENDMENT AND EXTENSION OF PERIOD OF OPERATION) (AMENDMENT NO. 8) LAW, 5730—1970 *
1. In section 6 of the Defence Stamp (Amendment and Extension of Amendment of Period of Operation) Law, 5718—1958x) (hereinafter referred to as section 6. "the Extension Law"), in the definition of "the additional period", the words "and ending on the 23rd Adar Bet, 5730 (31st March 1970)" shall be replaced by the words "and ending on the 27th Adar Bet, 5733 (31st March, 1973)".
2. In subsections (a) and (h) of section 9 of the Extension Law, the Amendment of words "and ending on the 25th Iyar, 5730 (31st May, 1970)" shall be section 9. replaced by the words "and ending on the 29th Iyar, 5733 (31st May, 1970)".
3. In subsections (a) and (al) of section 10 of the Extension Law, Amendment of the words "and the 23rd Adar Bet, 5730 (31st March, 1970)" shall be section 10- replaced by the words "and the 27th Adar Bet, 5733 (31st March, 1973)".
In section 12 of the Extension Law — Amendment of section 12. (1) in the first subsection — (a) the words "and the 23rd Adar Bet, 5730 (31st March, 1970)" in the opening passage shall be replaced by the words "and the 27th Adar Bet, 5733 (31st March, 1973)" ;
* Passed by the Knesset on the 18th Adar Bet, 5730 (26th March, 1970) and published in Sefer Ha-Chukkim No. 588 of the 21st Adar Bet, 5730 (29th March, 1970), p. 42; the Bill and an Explanatory Note were published in Hatzdot Chok No. 870 of 5730, p. 74. i) Sefer Ha-Chukkim of 5718, p. 131 — LSI vol. XII, p. 152 ; Sefer Ha- Chukkim of 5719, p. 191 — LSI vol. XIII, p. 206; Sefer Ha-Chukkim of 5720, p. 23 — LSI vol. XIV, p. 20 ; Sefer Ha-Chukkim of 5721, p. 67 — LSI vol. XV, p. 62; Sefer Ha-Chukkim of 5724, p. 70 — LSI vol. XVIII, p. 59; Sefer Ha-Chukkim of 5725, p. 155 — LSI vol. XIX, p. 155 ; Sefer Ha-Chukkim of 5726, p. 22 — LSI vol. XX, p. 15 ; Sefer. Ha-Chukkim of 5727, p. 20 — LSI vol. XXI, p. 12.
35 (b) the table shall be replaced by the following table :
"Cylinder capacity Rate of Defence Stamp in ccm Impost in pounds
Up to 800 135 801 — 1,000 170 1,001 — 1,300 210 1,301 —1,750 260 1,751—3,000 410 3,001—4,000 475 4,001 or over 605
For the present purpose, a private vehicle propelled by a Wankel rotary engine shall be deemed to be a private vehicle with a cy• linder capacity as stated in section 2 of Part Three of the First Schedule to the Traffic Regulations, 5721—1961 ; (2) subsection (b) shall be replaced by the following subsection : "(b) The rate of defence stamp impost on a cross-country vehicle shall be the rate chargeable on a motor-car with a cylinder capacity of up to 800 ccm.".
GOLDA MEIR PINCHAS SAPIR Prime Minister Minister of Finance
SHNEUR ZALMAN SHAZAR President of the State
!) Kovetz Ha-Takkanot of 5721, p. 1425; Kovetz Ha-Takkanot of 5730, p. 1090. (No. 26)
DEFENCE LOAN LAW, 5730—1970 *
1. In this Law — Definitions. (1) every term shall have the same meaning as it has in the Income Tax Ordinance1) (hereinafter referred to as "the Ordi• nance"), save as otherwise provided in this Law; (2) "chargeable income" means the chargeable income of a per• son in the tax year 1970, including a capital profit, and income as specified in section 3 of the Ordinance, except subsection (d) ; in the case of a kibbutz, it means income as aforesaid, as deter• mined under section 57 of the Ordinance ; (3) "kibbutz" (communal settlement) includes a moshav shitufi (smallholders' cooperative settlement) or other cooperative so• ciety for agricultural settlement in respect of which a direction under section 61 of the Ordinance has been issued ; (4) the determining date" means the .7th Cheshvan, 5737 (31st October, 1970).
2. A person shall be liable to the State, in the tax year 1970, to a Imposition and defence loan (hereinafter referred to as "the loan") at the rate of 7 per rate of ,oan• cent of the amount of his chargeable income.
3. (a) There shall be exempt from the loan — Exemptions. (1) an individual who is exempt from tax; (2) a non-resident in respect of his income from the sources specified in paragraphs (2), (4 ), and (5) of section 2 of the Ordi• nance ; (3) a daily employee, within the meaning of regulations which shall be made for this purpose. (b) Notwithstanding the provision of subsection (a), if any amounts have been collected on account of the loan from a person exempt therefrom, the following provisions shall apply: (1) Where an amount not exceeding five pounds has been col• lected, it shall not be refunded;
* Passed by the Knesset on the 18th Adar Bet, 5730 (26th March, 1970) and published in Sefer Ha-Chukkim No. 589 of the 24th Adar Bet, 5730 (1st April, 1970), p. 44 ; the Bill and an Explanatory Note were published in Hatzdot Chok No. 873 of 5730, p. 85• J) Dinei Medinat Yisrael (Nusach Chadash) No. 6, p. 120 ; NV vol. I, p. 145. (2) where an amount exceeding five pounds has been collected, loan certificates shall be issued under section 6; however, if an amount as aforesaid has been collected from a husband and wife together, the Assessing Officer may act in accordance with para• graph (1) in respect of an amount less than five pounds collected from one of them.
Loan to 4. (a) The loan shall bear interest at the rate of five per cent per bear interest. annum —
(1) from the 6th Nisan, 5731 (1st April, 1971), in respect of ad• vance payments made in due time under section 9 and of a loan deducted at source under section 10 ; (2) from the 28th Adar Bet, 5733 (1st April, 1973), in respect of the balances of the loan paid by the determining date. (b) The interest shall be exempt from income tax.
Loan linked 5. (a) In this section — to index. (1) "cost-of-living index" has the same meaning as in the De• fence Loan Law, 5717—1956J); (2) "basic index" means — (a) in respect of advance payments made in due time under section 9 and a loan deducted at source under section 10, the cost-of-living index which will be published for De• cember, 1970; (b) in respect of the balances of the loan paid by any per• son by the determining date, the cost-of-living index which will be published for December, 1972 ; (3) "new index" means the cost-of-living index which will be published for December, 1958. (b) The principal of the loan shall be linked to the cost-of- living index. If at the time of repayment of the loan it appears that the new index exceeds the basic index, the loan shall be repaid increased in proportion to the excess of the new index over the basic index.
Loan certificates. 6. (a) In respect of amounts of loan paid by any person, certifi• cates registered in his name shall be issued to him. (b) The certificates shall be issued — (1) by the 9th Nisan, 5734 (1st April, 1974), in respect of the aggregate amount of advance payments made by a per• son under section 9 and the aggregate amount of loan de• ducted at source under section 10;
i) Sefer Ha-Chukkim of 5717, p. 8 ; vol. XI, p. 5.
38 (2) by the 13th Nisan, 5737 (1st April, 1977), in respect of the balances of the loan paid by a person by the determin• ing date. (c) The certificates shall not be negotiable and shall not be capable of being charged or transferred, except for transfers by opera• tion of law, unless the Minister of Finance, with the approval of the Finance Committee of the Knesset, otherwise prescribes by regulations and on the conditions prescribed by him. (d) The Minister of Finance shall, with the approval of the Fi• nance Committee of the Knesset, prescribe by regulations the terms and conditions which are to apply to the loan certificates, including as regards their issue and redemption and any balances of an amount less than the lowest denomination of the loan certificates. (e) The certificates shall only be for an amount of pounds divis• ible without remainder by five.
7. (a) The aggregate of the amounts of the loan shall be repaid in Repayment of twelve monthly instalments in the tax year 1986. 1oan• (b) Where an individual has died, the loan shall be repaid to his spouse, and if he has not left a spouse, to his heirs, within three months from the day of the filing of an application accompanied by the loan certificate.
8. The interest on the aggregate amount of the loan shall be paid Payment of in three equal triennial instalments beginning on the 19th Cheshvan, int«rest• 5738 (1st October, 1977).
9. (a) A person liable to make advance payments under section Advance pay- 175 of the Ordinance for the tax year 1970 shall, at the times pre- jJ^Smtofloan, scribed in that section, pay amounts as specified in the Schedule on account of the loan. (b) A person liable to make advance payments under section 176 of the Ordinance for the tax year 1970 shall, at the times pre• scribed in that section, pay on account of the loan an amount equal to 20 per cent of the aggregate amount of the advance payments to which he is liable for that tax year on account of tax and defence impost.
10. (a) Whoever makes, oris responsible for making, any payment Duty to deduct being work income or pension or a charge or annuity, or other income at source- designated for the purposes of section 164 of the Ordinance and designated by the Minister of Finance for the purpose of this section, shall deduct therefrom, with the tax he has to deduct under section 164 of the Ordinance, an additional amount on account of the loan in such manner and instalments as shall be prescribed by regulations.
39 (b) The Minister of Finance may, by regulations under subsec tion (a), combine the said rates of deduction with the rates of deduc. tion prescribed for the deduction of income tax and defence impost.
Determination 11. Where a person has paid any amounts on account of tax, defence of amount of impost and loan, the share of the loan in the aggregate of the amounts loan. paid by him as aforesaid shall, for the purpose of the issue of loan certificates, correspond to the proportion which the loan to which he is liable bears to the aggregate of the tax, defence impost and loan to which he is liable.
Finality of 12. Notwithstanding the provision of section 2, and subject to the advance pay provisions of section 3 (b) — ments and deductions (1) Where a person has made advance payments under section 9 at source. to an amount exceeding the amount of the loan to which he is liable, the amount paid as aforesaid shall be deemed to be the amount of the loan to which he is liable; (2) where amounts have to be deducted under section 10 from the income of a person, the amounts so deducted shall be deem ed to be the amount of the loan to which he is liable.
Loan not paid by 13. The Minister of Finance may, with the approval of the Finance determining date. Committee of the Knesset, prescribe by regulations how any loan not paid by the determining date shall be dealt with. Such regulations may also prescribe that the loan shall be converted into a tax or that it shall not be collected.
Application of 14. Save as otherwise provided in this Law, the provisions of the provisions of Ordinance shall apply to the loan as if it were part of the tax. r ׳• Ordinance r r
Implementation 15. The Minister of Finance is charged with the implementation of and regulations. this Law and may make regulations as to any matter relating to such implementation.
SCHEDULE (Section 9 (a))
The rates of the advance payments on account of the loan shall be as follows : Where the advance payments on account of income tax and de fence impost for the tax year 1970 (hereinafter referred to as "the advance payments") do not exceed 600 pounds — 26 pounds, plus 30 agorot per pound of the advance payments;
40 where the advance payments exceed 600 pounds but do not ex• ceed 900 pounds — 206 pounds, plus 25 agorot per pound of the advance payments in excess of 600 pounds ; where the advance payments exceed 900 pounds but do not ex• ceed 1,500 pounds — 281 pounds, plus 20 agorot per pound of the advance payments in excess of 900 pounds; where the advance payments exceed 1,500 pounds but do not exceed 2,100 pounds — 401 pounds, plus 17 agorot per pound of the advance payments in excess of 1,500 pounds ; where the advance payments exceed 2,100 pounds but do not exceed 3,000 pounds — 503 pounds, plus 15 agorot per pound of the advance payments in excess of 2,100 pounds ; where the advance payments exceed 3,000 pounds, but do not exceed 6,000 pounds — 638 pounds, plus 13 agorot per pound of the advance payments in excess of 3,000 pounds; where the advance payments exceed 6,000 pounds but do not exceed 9,000 pounds — 1,028 pounds, plus 12 agorot per pound of the advance payments in excess of 6,000 pounds ; where the advance payments exceed 9,000 pounds but do not exceed 12,000 pounds — 1,388 pounds, plus 11 agorot per pound of the advance payments in excess of 9,000 pounds; where the advance payments exceed 12,000 pounds — 1,718 pounds, plus 10 agorot per pound in excess of 12,000 pounds.
GOLDA MEIR PINCHAS SAPIR Prime Minister Minister of Finance
SHNEUR ZALMAN SHAZAR President of the State (No. 27)
ABSORPTION AND COMPULSORY SAVINGS LOAN (EXTENSION) (5726—1966) (AMENDMENT) LAW, 5730—1970*
Amendment of 1. In the Absorption and Compulsory Savings Loan (Extension) section 3. 5726—19661). section 3 shall be re-marked as section .3 (a) and the following subsection shall be inserted thereafter: "(b) Notwithstanding the provisions of subsection (a), where any amounts have been collected on account of the loan from a person who was exempt therefrom, the following provisions shall apply: (1) where an amount not exceeding five pounds has been collected, it shall not be refunded ; (2) where an amount exceeding five pounds but not exceed ing 20 pounds has been collected, loan certificates shall be issued under section 6 ;however, where an amount as afore said has been collected from a husband and wife together, the Assessing Officer may act in accordance with the pro visions of paragraph (1) in respect of an amount of less than five pounds collected from one of them.".
GOLDA MEIR PINCHAS SAPIR Prime Minister Minister of Finance SHNEUR ZALMAN SHAZAR President of the State
(No. 28)
ABSORPTION AND COMPULSORY SAVINGS LOAN (EXTENSION) (5724—1964) (AMENDMENT NO. 2) LAW, 5730—1970 **
Amendment of 1. In the Absorption and Compulsory Savings Loan (Extension) 2 section 3. LaW> 5724—1964 ) (hereinafter referred to as "the principal Law"),
* Passed by the Knesset on the 18th Adar Bet, 5730 (26th March, 1970) and published in Sefer Ha-Chukkim No. 589 of the 24th Adar Bet, 5730 (1st April, 1970), p. 47; the Bill and an Explanatory Note were published in Hatzdot Chok No. 870 of 5730, p. 71. !) Sefer Ha-Chukkim of 5726, p. 25 ; LSI vol. XX, p. 18. ** Passed by the Knesset on the 18th Adar Bet, 5730 (26th March, 1970) and published in Sefer Ha-Chukkim No. 589 of the 24th Adar Bet, 5730 (1st April, 1970), p. 48 ; the Bill and an Explanatory Note were published in Hatzdot Chok No. 870 of 5730, p. 70. -Sefer Ha-Chukkim of 5724, p. 87 — LSI vol. XVIII, p. 79 ; Sefer Ha (־ Chukkim of 5726, p. 30 — LSI vol. XX, p. 25.
42 section 3 shall be re-marked as subsection (a) and the following sub• section shall be inserted thereafter : "(b) Notwithstanding the provisions of subsection (a), where any amounts have been collected on account of the loan from a person who was exempt therefrom, the following provisions shall apply: (1) Where an amount not exceeding five pounds has been collected, it shall not be refunded; (2) where an amount exceeding five pounds but not ex• ceeding twenty pounds has been collected, loan certificates shall be issued under section 7 ; however, where an amount as aforesaid has been collected from a husband and wife together, the Assessing Officer may act in accordance with? the provisions of paragraph (1) in respect of an amount of less than five pounds collected from one of them.".
2. In section 5 (a) of the principal Law, paragraph (3) shall be re• Amendment of placed by the following paragraph : section 5. "(3) "new index" — (a) in respect of the loan for the tax year 1964 — means the index published for the month of December last preceding the date of repayment of the relevant part of the loan; (b) in respect of the loan for the tax year 1965 — means the index published for the month of June last preceding the date of repayment of the relevant part of the loan.",
3. In section 6 (a) of the principal Law, the closing passage, begin• Amendment of ning with the words "on the first of April of the year", shall be re• section 6. placed by the following: "from the tax year 1970 onwards — (1) in the case of the loan for the year 1964 — on the first of April of the year ; (2) in the case of the loan for the year 1965 — on the first of October of the year.".
GOLDA MEIR PINCHAS SAPIR Prime Minister Minister of Finance
SHNEUR ZALMAN SHAZAR President of the State
43 (No. 29)
EMERGENCY REGULATIONS (COMPULSORY PAYMENTS) (EXTENSION OF VALIDITY) LAW, 5730—1970*
Extension of 1. The validity of the Emergency Regulations (Compulsory Pay- vahdity. ments), 5718—19581). as amended by the Schedule, is hereby extend• ed until the 27th Adar Bet, 5733 (31st March, 1973).
Commencement. 2. This Law shall have effect from the 23rd Adar Bet, 5730 (31st March, 1970).
SCHEDULE (Section 1)
Regulations 24 and 25 shall respectively be re-marked as regula• tions 28 and 29, and regulations 21-23 shall be replaced by the follow• ing regulations: x
"Charge for 21. (a) The Minister of Commerce and Industry, the Minister of Fi• advancement of nance and the Minister of Labour (hereinafter referred to as "the research. Ministers") may jointly prescribe by general order that the owner of an undertaking in the textile and clothing trade (hereinafter referred to as an "owner"), as set out in the order, shall pay a research charge for the advancement of research or the training of academic or skilled manpower for the purposes of the textile and clothing industry (these objects hereinafter referred to as "the advancement of research"). (b) The charge shall be of a specific amount or of an amount equal to a specific percentage of the aggregate amount of wages pay• able to all the employees of the undertaking, including the managers, during a specific period or to a specific percentage of the value of the goods manufactured at the undertaking during a specific period or to a specific percentage of the price of the operations carried out on those goods and defined in the order as improvement operations or to a specific percentage of the price of goods sold by the owner or ac• cording to some other calculation; the charge may be fixed on the basis of different calculations or rates according to different types of production or modes of marketing or on some other similar basis, as may be prescribed in the order.
* Passed by the Knesset on the 18th Adar Bet, 5730 (26th March, 1970) and published in Sefer Ha-Chukkim No. 589 of the 24th Adar Bet, 5730 (1st April, 1970), p. 49 ; the Bill and an Explanatory Note were published in Hatza'ot Chok No. 869 of 5730, p. 65. !) Sefer Ha-Chukkim of 5724, p. 175 — LSI vol. XVIII, p. 173 ; Sefer Ha- Chukkim of 5727, p. 21 — LSI vol. XXI, p. 13 ; Sefer Ha-Chukkim of 5729, p. 246 — LSI vol. XXIII, p. 272.
44 (c) Where a research charge has been fixed at a specific percent• age of the price of improvement operations or the price of goods, it shall be paid according to the price stated in the invoice issued by the owner.
22. The Minister may prescribe by order that a research charge Collection in which, under regulation 21 or 23, has been fixed at a specific per- the same manner Uty centage of the price of improvement operations or of the price of ||fc0ikcted goods shall be collected in the same manner as stamp duty is col• lected under the Stamp Duty on Documents Law, 5721—1961 *) hereinafter referred to as "the Stamp Duty Law"), and upon their doing so, the provisions of the said Law — except sections 2, 3, 4, and 22 and the First and Second Schedules — and the provi• sions of the regulations and orders made thereunder shall apply, mutatis mutandis, as if the research charge were stamp duty.
23. (a) Where it has been proved to the satisfaction of the Director Collection of of Customs and Excise that the business of an owner is managed in a charge on sales effected during manner enabling the research charge to be collected as a specific specific period. amount or as a specific percentage of the price or value of all the goods sold or manufactured during a specific period or of the aggregate re• muneration for improvement operations carried out during a specific period, he may direct that such owner pay the charge for a specific period at one time, at such date and on such conditions as he may direct. (b) For the purpose of any research charge payable in accord• ance with subregulation (a), the Ministers may prescribe a rate lower than the rate of a charge leviable on an invoice.
24. For the purpose of the implementation of regulations 22 and 23, Stamp to mark the Director may, by notice in Reshumot, direct the printing of stamps, research charge. within the meaning of the Stamp Duty Law, with the addition of a special sign.
25. The Ministers may, by order, exempt sales, or improvement Power to operations, up to a specific price from the payment of a research exempt. charge : Provided that such an exemption shall not apply to a re• search charge collected under an arrangement pursuant to regulation 23, unless the Director otherwise prescribes.
26. A research charge shall be treated as a charge within the mean• Application of ing of regulation 2, and the owner of an undertaking, as referred to in Regulations to regulation 21, shall be treated as a possessor of goods, and the Regula• research charge. tions, except regulation 18, shall apply to them with the modifications resulting from the provisions of regulations 21 to 28 and with the fol• lowing additional modification: In regulation 7, the words "the goods on which the charge has been imposed" in paragraph (1) shall be replaced by the words "an undertaking the owner of which has
]) Sefer Ha-Chukkim of 5721, p. 64 ; LSI vol. XV, p. 57.
45 become liable to a research charge under regulation 21 or goods on which a charge as aforesaid has been imposed".
Establishment 27. The amounts collected as a research charge shall be transferred
of fund. t0 a special fund to be established for this purpose (hereinafter re• ferred as as "the fund").".
GOLDA MEIR Prime Minister
SHNEUR ZALMAN SHAZAR President of the State
(No. 30) SAVINGS LOAN LAW, 5730—1970 *
Definitions. 1. In this Law — (1) every term shall have the same meaning as it has in the In• come Tax Ordinance1) (hereinafter referred to as "the Ordi• nance"), save as otherwise provided in this Law; (2) "total income" means the aggregate amount of the income of a person in the tax year 1970 from the sources specified in section 2 and section 3, except subsection (d), of the Ordinance and from capital profit, after setting off losses under Article Three of Chapter Two of the Ordinance and after deducting — (a) income exempt under section 9 of the Ordinance; (b) dividend; (c) expenses within the meaning of section 17 of the Ordi• nance ; (3) "work income" includes a pension ; (4) "employer" means any person who pays work income or is responsible for its payment; (5) "employee" means an individual in receipt of work income ; (6) "the determining date" means the 4th Tishri, 5734 (30th September, 1973).
* Passed by the Knesset on the 23rd Adar Bet, 5730 (31st March, 1970) and published in Sefer Ha-Chukkim No. 590 of the 24th Adar Bet, 5730 (1st April, 1970), p. 52; the Bill and an Explanatory Note were published in Hatza'ot Chok No. 876 of 5730, p. 103. !) Dinei Medina! Yisrael (Nusach Chadash) No. 6, p. 120 ; NV vol. I, p. 145.
46 2. (a) A person shall in the tax year 1970 make to the State a Imposition and savings loan in respect of his total income, at the rate specified in the rate of loan. Schedule (such loan hereinafter referred to as "income loan"). (b) An employer shall make a savings loan of an amount equal to 4 per cent of the aggregate amount of the work income paid by him in the tax year 1970 (such loan hereinafter referred to as "employers' loan"); and the following provisions shall apply to his income loan : (1) If the aggregate amount of the work income paid by him as aforesaid is equal to or exceeds his total income, he shall be exempt from income loan; (2) if the aggregate amount of the work income paid by him as aforesaid is less than his total income, he shall be liable to in• come loan on the difference only, at the rate which would apply if his total income were chargeable with income loan.
(c) Notwithstanding the provisions of any law, employers' loan shall also be leviable from a body of persons which, for the purposes of the payment of taxes, fees and other compulsory payments, has the status of the State.
3. (a) The following are exempt from income loan ; Exemptions. (1) an individual exempt from tax; (2) a daily employee, within the meaning of regulations to be made for this purpose ; (3) a non-resident, in respect of his income from the sources specified in paragraphs (2), (4) and (5) of section 2 of the Ordi• nance.
(b) Notwithstanding the provisions of subsection (a), where any amounts have been collected on account of savings loan from a person exempt therefrom, the following provisions shall apply: (1) If an amount not exceeding five pounds has been collected, it shall not be refunded; (2) if an amount exceeding five pounds has been collected, loan certificates shall be issued under section 12: Provided that if an amount as aforesaid has been collected from a husband and wife together, the Assessing Officer may act in accordance with the provisions of paragraph (1) in respect of an amount of less than five pounds collected from one of them.
4. (a) An employer shall deduct from work income paid by him Deduction at an additional amount on account of income loan, in the manner and source- at the rates prescribed by regulations. This amount shall be deducted together with the tax he is required to deduct under section 164 of the Ordinance.
47 (b) When an amount has been deducted on account of income loan, it shall be regarded as the amount of income loan to which the employee is liable in respect of his work income. An amount paid by an employer on account of the loan to which his employee is liable according to an assessment made under section 6 shall be treated as an amount deducted.
Payment of 5. An employer shall pay the income loan deducted from his em• deducted loan and employers' ployees' income and the employers' loan to the Assessing Officer at loan. the prescribed time and shall, at the same time, submit to him a return as prescribed by regulations.
Assessments of 6. Where an employer to whom sections 4 and 5 apply has not de• employers' and employees' loan. ducted income loan from his employees' income, or has not paid the employers' loan, or has not submitted to the Assessing Officer, a return of a deduction or payment as aforesaid, or has made a return, but the Assessing Officer has reasonable grounds for believing that it is not correct, the Assessing Officer may, to the best of his judgment, assess the amount of income loan which the employer was liable to deduct or the amount of employers' loan which he was liable to pay. An assessment under this section shall be treated as an assessment under section 167 of the Ordinance.
Payment of 7. (a) Income loan, other than a loan in respect of work income, income loan. due under a return pursuant to section 131 of the Ordinance or under an estimative return pursuant to section 133 of the Ordinance shall be paid upon submission of the return, and the balance of the loan shall be paid at the times prescribed in the Ordinance for the payment of balances of tax. (b) The Minister of Finance may, in respect of particular classes of persons liable to income loan, prescribe by order, that they shall make advance payments on account of the loan and what shall be the rates of the advance payments and the mode and times of making them.
Determination 8. Where a person has paid any amounts on account of tax, defence of amount of impost, defence loan and income loan, other than a loan in respect of income loan. work income, then, for the purposes of the issue of loan certificates, the share of income loan in the aggregate of the amounts paid by him as aforesaid shall correspond to the proportion which the income loan to which he is liable bears to the aggregate of the tax, defence impost, defence loan and income loan to which he is liable.
Apportionment 9. Where an employer has paid any amounts on account of the ag• of employer's gregate of the tax, defence impost, defence loan and income loan de• payments. ductions of his employees and employers' loan, such payments shall, for the purposes of the issue of loan certificates, be placed in the first instance to the account of deductions, and the remainder shall be placed to the account of employers' loan.
48 10. (a) The loan shall bear interest at the rate of five per cent per Loan to annum- carry mterest. (1) in the case of loan deducted under section 4, employers' loan and advance payments under section 7 (b) — from the 6th Nisan, 5731 (1st April, 1971); (2) in the case of balances of income loan paid by the deter• mining day — from the 28th Adar Bet, 5733 (1st April, 1973). (b) The interest shall be exempt from income tax.
11. (a) In this section — Loan linked to index. (1) "cost-of-living index" has the same meaning as in the De• fence Loan Law, 5717—1956 *) ; (2) "basic index" — (a) in the case of a person entitled to interest under section 10 (a) (1), means the cost-of-living index which will be pub• lished for December, 1970 ; (b) in the case of a person entitled to interest under section 10(a)(2), means the cost-of-living index which will be pub- * lished for December, 1972 ; (3) "new index" means the cost-of-living index which will be published for the month of June last preceding the date of re• payment. (b) The principal of the loan shall be linked to the cost-of-living index. If at the time of repayment of a particular part of the loan it appears that the new index exceeds the basic index, the loan shall be repaid increased in proportion to the excess of the new index over the basic index.
12. (a) In respect of amounts of loan paid by or deducted from the Loancerti- income of any person by the determining date, loan certificates re- ficates• gistered in his name shall be issued to him by the 9th Nisan, 5734 (1st April, 1974). (b) Loan certificates shall not be negotiable. (c) The certificates shall only be for amounts of pounds divisible without remainder by five. (d) The Minister of Finance shall, with the approval of the Finance Committee of the Knesset, prescribe by regulations the terms and conditions which are to apply to the loan certificates, including as regards their issue and redemption and balances of an amount less than their lowest denomination.
13. The aggregate of the amounts of the loan shall be repaid, with Repayment of the interest thereon, in three consecutive annual instalments on the 1st 1oan• October of each year, beginning in the year 1975.
!) Sefer Ha-Chukkim of 5717, p. 8 ; LSI vol. XI, p. 5.
49 Loan not paid 14. The Minister of Finance may, with the approval of the Finance by determining Committee of the Knesset, prescribe by regulations how any loan not paid by the determining date shall be dealt with. Such regulations may also prescribe that the loan shall be converted into a tax or that it shall not be collected.
Application of 15. Save as otherwise provided in this Law, the provisions of the 0°dViSance°f Ordinance shall apply to the loan as if it were part of the tax.
Implementation 16. The Minister of Finance is charged with the implementation of
an regulations. mis Law ^ may make regU]atjons as t0 any matter relating to such implementation.
SCHEDULE (Section 2 (a)) I. Rate of Income Loan of Individual: Amount of Tax, incl. Defence Rate of Income Loan Impost, to which a person is liable (in percentages of total in the tax year (in pounds) income)
up to 480 3.2 481 to 1,140 3.0 1,141 to 1,500 2.8 1,501 to 2,100 2.6 2,101 to 2,880 2.2 2,881 to 4,320 2.0 4,321 to 5,520 1.8 5,521 to 7,560 1.7 7,561 to 9,900 1.6 9,901 to 14,400 1.4 14,401 to 18,180 1.2 18,181 and over 1.1
II. The rate of the income loan due from a kibbutz (communal set• tlement) — including a moshav shitufi (smallholders' cooperative set• tlement) or other cooperative society for agricultural settlement in re• spect of which a direction has been issued under section 61 of the Ordi• nance — shall be the same as the rate of the savings loan which according to the above table would be due from a farm unit if it were liable to the loan. III. The rate of the income loan of a body of persons shall be 2 per cent of its total income.
GOLDA MEIR PINCHAS SAPIR Prime Minister Minister of Finance SHNEUR ZALMAN SHAZAR President of the State
50 (No. 31)
NATIONAL INSURANCE (AMENDMENT NO. 3) LAW, 5730—1970 *
Amendment of 1. In section 53 of the National Insurance Law (Consolidated Ver• section 53. sion), 5728—1968x) (hereinafter referred to as "the principal Law"), the words "or to the maximum specified in Table XI" shall be added at the end of subsection (b).
Amendment of 2. In section 100 of the principal Law, the words "or to the maxi• section 100. mum referred to in Table XI" shall be added at the end of subsection (a).
Amendment of 3. In section 156 of the principal Law, the following shall be added section 156. at the end of subsection (a): "person covered by unemployment insurance" means an em• ployee entitled to a wage who is insured under Chapter Two and whose employer is liable to pay contributions for him; the ex• tent of unemployment insurance and the conditions of entitle• ment shall be prescribed by Law ; "person covered by invalidity insurance" means a person insured under Chapter Two; the extent of invalidity insurance and the conditions of entitlement shall be prescribed by Law.".
Amendment of 4. In section 157 of the principal Law, the following subsections section 157. shall be inserted after subsection (d): "(dl) Unemployment insurance contributions shall be paid for every person covered by unemployment insurance. (d2) Invalidity insurance contributions shall be paid for every person covered by invalidity insurance.".
Amendment of 5. In section 160 of the principal Law, the words "shall range be• section 160. tween 0.5 per cent and 3 per cent of the amount of the income" in subsection (a) shall be replaced by the words "shall range between 0.7 per cent and 4 per cent of the amount of the income".
Amendment of 6. In section 161 of the principal Law, the expression "under sec• section 161. tion 157 (a) or (c)" in subsection (c) shall be replaced by the expres• sion "under section 157 (a), (c) or (dl)".
* Passed by the Knesset on the 23rd Adar Bet, 5730 (31st March, 1970) and published in Sefer Ha-Chukkim No. 591 of the 3rd Nisan, 5730 (9th April, 1970), p. 58 ; the Bill and an Explanatory Note were published in Hatza'ot Chok No. 874 of 5730, p. 94. i) Sefer Ha-Chukkim of 5728, p. 108 — LSI vol. XXJJ, p. 114; Sefer Ha- Chukkim of 5729, pp. 76 and 206 — LSI vol. XXIII, pp. 84 and 221.
51 Amendment of 7. In section 167 of the principal Law, the expression "under section
jn SUDsection (a) shall be replaced by the expression ׳section 167. 157 ^ or ^y "under section 157 a), (b), (dl), or (d2)".
Amendment of 8. In section 169 of the principal Law — section 169. (1) the expression "under section 157 (a)" in subsection (b) shall be replaced by the expression "under section 157 (a), (dl) or (d2)"; (2) the expression "under section 157 (a) or (c)" in subsection (c) shall be replaced by the expression "under section 157 (a), (c), (dl), or (d2)".
Amendment of 9. In section 177 of the principal Law, paragraphs (2) and (3) shall section 177. be replaced by the following paragraphs : "(2) the rounding off to the nearest fifty pounds or multiple thereof of the annual income from which contributions are pay able ; (3) the rounding off of contributions, at their annual computa tion, to the nearest amount so divisible by four or five, as the case may be, that the quotient is an amount of whole pounds.".
Replacement of 10. Table X of the principal Law shall be replaced by the following Table X. table:
"Table X (Sections 159 and 161)
Rates of Contributions
Branches Item Category of Per Cent of Insured Person Income
A. Old-Age and Sur 1 Employee 8.7 ; deduction vivors, Maternity, from wage : 2.5 Large Families, Unemployment and Invalidity 2 Self-em- 7.1 ployed person
3 Voluntarily 5.3 insured person
52 Category of Per Cent of Branches Item Insured Person Income
4 Insured person 6.8 other than 1-3 above
B. Employees' 5 Employee in• 1.8 Children sured under Chapter Six
C. Employment 6 Person insured Rate prescribed Injuries under Chapter under section Three 160 (a)
D. Maternity Person insured under Chapter Four and not under Chap• ter Two :
7 Employee 0.6; deduction from wage : 0.3
8 Self-employed 0.6" person
11. Table XI of the principal Law shall be replaced by the following Replacement of table : Tab,e XL "Table XI (Section 167) Maximum and Minimum Income Maximum Minimum Item Category of Income Income Insured Person (in pounds) (in pounds)
1 Employee 1,500 per month 50 per month or or 18,000 per 600 per year year 2 Self-employed 18,000 per year 900 per year person 3 Other insured 18,000 per year 360 per year" person
53 Replacement of 12. Table XIII of the principal Law shall be replaced by the follow-
Table Xni. ing table .
"Table XIII (Section 215) Credit to Account of Branches of Insurance Percentage to Be Credited to Branch of Insurance abl e X em s o f ;cordin g t o bntribution s Survivor s Old-Ag e an d Maternit y men t Familie s Larg e Employ • Injurie s men t Unemploy • Invalidit y childre n Employees '
1 51.72 6.91 11.49 24.14 5.75 —:—. 2 63.38 8.45 21.13 7.04 3 84.91 5.66 9.43 4 66.18 4.41 22.06 7.35 5 100 • 6 100
7 100 , • 8 100
Amendment of 13. In Table XIV of the principal Law, the expression "52 p.ct." in
Table XIV.. item 2 shall be replaced by the expression "48 p.ct.".
Commencement. 14. This Law shall have effect from the 24th Adar Bet, 5730 (1st April, 1970).
GOLDA MEIR YOSEF ALMOGI Prime Minister Minister of Labour
SHNEUR ZALMAN SHAZAR President of the State
54 (No. 32)
RESERVE SERVICE (COMPENSATION) (AMENDMENT No. 6) LAW, 5730—1970 *
1. In section 10 of the Reserve Service (Compensation) Law (Con- Amendment of ־solidated Version), 5719—1959 1). the words "or to the maximum spe- sectl0n lü cified in Table XI of the Insurance Law" shall be added at the end.
2. This Law shall have effect from the 24th Adar Bet, 5730 (1st Commencement. April, 1970).
GOLDA MEIR YOSEF ALMOGI Prime Minister Minister of.Labour
SHNEUR ZALMAN SHAZAR President of the State
* Passed by the Knesset on the 23rd Adar Bet, 5730 (31st March, 1970) and published in Sefer Ha-Chukkim No. 591 of the 3rd Nisan, 5730 (9th April, 1970), p. 60 ; the Bill and an Explanatory Note were published in Hatza'ot Chok No. 874 of 5730, p. 98. 1J Sefer Ha-Chukkim of 5719, p. 306 — LSI vol. XIII, p. 350; Sefer Ha- Chukkim of 5720, p. 99 — LSI vol. XIV, p. 98 ; Sefer Ha-Chukkim of 5723, p. 113 — LSI vol. XVJJ, p. 138 ; Sefer Ha-Chukkim of 5726, pp. 60 and 74 — LSI vol. XX, pp. 53 and 67; Sefer Ha-Chukkim of 5727, p. 98 — LSI vol. XXI, p. 94.
55 (No. 33)
POPULATION REGISTRY (AMENDMENT NO. 4) LAW, 5730—1970 *
Amendment of 1. In section 25 of the Population Registry Law, 5725—1965 ]) section 25. (hereinafter referred to as "the principal Law"), the words "and additional particulars prescribed and approved as aforesaid" shall be inserted after the words "the Constitution, Legislation and Juridical Committee of the Knesset".
Replacement of 2. Section 26 of the principal Law shall be replaced by the follow• section 26. ing section : "Period of 26. The Minister of the Interior may prescribe by validity of regulations the period of validity of identity certifi• identity certificate. cates and times for the updating, replacement and expiration thereof. He may do so either generally or according to the date of issue of the certificates or the age of the holders thereof or according to any other criterion approved by the Constitution, Legisla• tion and Juridical Committee of the Knesset.".
Transitional 3. An identity certificate which was valid immediately before the provisions. adoption of this Law by the Knesset shall remain valid until otherwise provided by regulations under section 26 of the principal Law.
Repeal. 4. There are hereby repealed — (1) section 44 (d) of the principal Law; (2) the Emergency Regulations (Extension of Validity of Iden• tity Certificates), 5730—1970 2).
GOLDA MEIR HAIM MOSHE SHAPIRO Prime Minister Minister of the Interior
SHNEUR ZALMAN SHAZAR President of the State
• Passed by the Knesset on the 2nd Nisan, 5730 (8th April, 1970) and pub• lished in Sefer Ha-Chukkim No. 592 of the 7th Nisan, 5730 (13th April, 1970), p. 62 ; the Bill and an Explanatory Note were published in Hatza'ot Chok No. 877 of 5730, p. 110. 1) Sefer Ha-Chukkim of 5725, p. 270 — LSI vol. XIX, p. 288 ; Sefer Ha- Chukkim of 5727, p. 145 — LSI vol. XXI, p. 146 ; Sefer Ha-Chukkim o£ 5728, p. 28 — LSI vol. XXII, p. 28 ; Sefer Ha-Chukkim of 5730, p. 34 — supra, p. 28. 2) Kovetz Ha-Takkanot of 5730, p. 903.
56 (No. 34)
STATE SERVICE (BENEFITS) LAW (CONSOLIDATED VERSION), 5730—1970*
CONTENTS
Sections
Chapter One : General Provisions 1 — 7
Chapter Two : Benefits and Amounts Thereof ... 8 — 41
Chapter Three : Claims and Payments 42 — 63
Chapter Four: Special Provisions Concerning Kindergarten Teachers 64 — 69
Chapter Five : Application of Law to Police Officers and Prison Officers ... 70 — 81
Chapter Six: Employees Who Have Passed into or Out of the Service 82 — 93
Chapter Seven: Restrictions on Account of Health, Age or Invalidity ... 94 — 99
Chapter Eight: Miscellaneous 100—111
Text determined by the Constitution, Legislation and Juridical Committee of the Knesset on the 2nd Nisan, 5730 (8th April 1970) under section 16 of the Law and Administration Ordinance, 5708 — 1948, and published in Sefer Ha-Chukkim No. 593 of the 11th Nisan, 5730 (17th April, 1970), p. 65. Original version : Sefer Ha-Chukkim of 5715, p. 135 ; LSI vol. IX, p. 149. Amendments to original version : Sefer Ha-Chukkim of 5721, pp. 51 and 173 — LSI vol. XV, pp. 46 and 190; Sefer Ha-Chukkim of 5723, p. 59 — LSI vol. XVII, p. 73 ; Sefer Ha-Chukkim of 5724, p. 64 — LSI vol. XVIII, p. 54 ; Sefer Ha-Chukkim of 5725, pp. 120 and 290 — LSI vol. XIX, pp. 116 and 317 ; Sefer Ha-Chukkim of 5727, p. 176—LSI vol. XXI, p. 185 ; Sefer-Ha-Chukkim of 5728, p. 30 — LSI vol. XXII, p. 29 ; Sefer Ha-Chukkim of 5729, p. 77 — LSI vol. XXIII, p. 85. .CHAPTER ONE : GENERAL PROVISIONS
Definitions. 1. In this Law — "the Appointments Law" means the State Service (Appoint ments) Law, 5719—1959a); , "benefit" means a pension or a gratuity; "the Defence Service Law" means the Defence Service Law (Consolidated Version), 5719—1959 2); "the Discharged Soldiers Law" means the Discharged Soldiers (Reinstatement in Employment) Law, 5709—1949 3); "the Discipline Law" means the State Service (Discipline) Law, 5723—1963 4); "gratuity" means a one-time payment; "invalid" means a person whose fitness for work is impaired and who, as a result, is incapable of doing work which a person of his age and sex is normally capable of doing, such impair ment not being temporary; "the Invalids Law" means the Invalids (Pensions and Rehabili tation) Law (Consolidated Version), 5719—1959 5); "the Invalids (War against the Nazis) Law" means the Invalids (War against the Nazis) Law, 5714—1954°); , "Medical Board" means the board competent to determine the medical fitnes of persons being received into the State Service; "the National Insurance Law" means the National Insurance Law (Consolidated Version), 5728—1968 7);
1) Sefer Ha-Chukkim of 5719, p. 86 ; LSI vol. XIII, p. 87. 2) Sefer Ha-Chukkim of 5719, p. 286 ; LSI vol. XIII, p. 328. .Sefer Ha-Chukkim of 5709, p. 13 ; LSI vol. Ill, p. 10 1־ *) Sefer Ha-Chukkim of 5723, p. 50 ; LSI vol. XVII, p. 58. <9 Sefer Ha-Chukkim of 5719, p. 276 ; LSI vol. XIII, p. 315. «) Sefer Ha-Chukkim of 5714, p. 76 ; 15/ vol. VIII, p. 63. 7) Sefer Ha-Chukkim of 5728, p. 108 ; LSI vol. XXII, p. 114.
58 "pension" means a retirement pension or a survivor's pension: "period of service" means a continuous period of service sub• sequent to the date when the employee attained the age of eight• een years; "police officer" means a person who belongs to the Police Force and includes a temporary additional police officer; "prison officer" means a person who belongs to the Prison Service under the Prisons Ordinance, 19461). and includes a temporary additional prison officer ; "Representation of State Employees" means the organisation of State employees which represents the greatest number of State employees ; "retirement from service" means retirement on pension, death or dismissal; "retirement grants" means a benefit, severance pay and the like ; "retirement pension" means an amount payable monthly to an employee who has retired from the Service ; "self-supporting person" means a person who has attained the age of eighteen years, other than a person who has not an income sufficient for his livelihood and is incapable of maintaining him• self ; "service" means service as an employee; "Service Commission" means the State Service Commission ap• pointed under the Appointments Law; "Service Commissioner" means the person appointed under the Appointments Law to be. State Service Commissioner; "the Soldiers' Families Law" means the Fallen Soldiers' Fami• lies (Pensions and Rehabilitation) Law, 5710—1950 2) ; "State employee" or "employee" means a person appointed to the State Service under the Appointments Law, and a police of• ficer and a prison officer, but, notwithstanding anything contained in section 108, does not include a person received into the State Service at an Israeli representation abroad with the status of a local employee; "survivor's pension" means an amount payable monthly to the survivors of an employee or of an employee who had retired from the Service.
1) P. G. of 1946, Suppl. I, No. 1472, p. 9 (English Edition). 2) Sefer Ha-Chukkim of 5710, p. 162; LSI vol. IV, p. 115.
59 Break of con- 2. For the removal of doubt it is hereby declared — tinuity by reason of (1) continuity of service shall be regarded as broken by the dis• dismissal or missal or resignation of an employee even if he is again received resignation. into the Service immediately, without a break, after the termina• tion of his service in consequence of the dismissal or resignation ; this provision shall not derogate from the provisions of section 10 (4); (2) if an employee resigns, or is dismissed, from part only of his post, and he receives retirement grants in consequence of his dismissal or resignation, his service in that part of the post in respect of which retirement grants are paid shall be regarded as service the continuity of which is broken.
Periods which 3. Continuity of service is not regarded as broken by reason of ab• do not break sence of the employee from his work owing to — continuity. (1) vacation, leave or rest granted under Law or with the con• sent of the person empowered in that behalf in the State Service; or (2) a strike; or (3) a work accident, illness or any other break which occurred in the service and over which the employee had no control; or (4) military service, within the meaning of the Discharged Sol• diers Law, and any subsequent absence if it occurred in a pe• riod deemed to be service under section 12 of that Law ; or (5) part-time service, within the meaning of the Discharged Soldiers Law; or (6) reserve service, within the meaning of the Defence Service Law ;or (7) any other absence defined by regulations as not breaking continuity of service.
Survivors. 4. For the purposes of this Law, the survivors of a deceased per• son are — (1) in the case of a male deceased person — the person who was his wife at the time of his death, including a person who was commonly reputed to be his wife and was living with him at that time (hereinafter : "widow"); (2) in the case of a female deceased person — the person who was her husband at the time of her death, including a person who was commonly reputed to be her husband and was living with her at the time (hereinafter: "widower"); (3) his or her non-self-supporting child, including a stepchild, an adopted child and a grandchild who were wholly dependent on him or her (hereinafter: "orphan");
60 (4) another relative whose dependence on the deceased was the reason for an increase of the last salary or pension of the de• ceased before his or her death or — if at the death of the de• ceased the composition of the family had no effect on the amount of a salary payable to employees — whose dependence on the deceased has been recognised in accordance with rules prescribed by regulations (hereinafter : "dependant").
5. The Minister of Finance shall appoint one or more persons to Officer in be in charge of the payment of benefits (hereinafter : "'officer(s)-in- charge of payment of charge"). Notice of the appointment and address of an officer-in- benefits. charge shall be published in Reshumot.
6. The provisions of sections 9 to 11 of the Commissions of Inquiry Auxiliary Law, 5729—19681), shall apply mutatis mutandis to an officer-in- powers. charge.
7. (a) The Minister of Health shall appoint a Medical Board of Medical Board Objections. of Objections. (b) The Minister of Health, in consultation with the Minister of Finance, shall prescribe the procedure for appointing the Medical Board of Objections and the procedure for selecting it for the purposes of any objection. (c) Notice of the appointment and address of a Medical Board of Objections shall be published in Reshumot.
CHAPTER TWO: BENEFITS AND AMOUNTS THEREOF
8. In this chapter — Definitions. "annual salary", in respect of an employee who has retired from the Service, means his determining salary at the time of his re• tirement, multiplied by twelve ; "determining salary", in respect of a particular person at a par• ticular time, means the amount of salary, including regular al• lowances, due, on the first of the month in which that time falls, to an employee of the same grade as that person held immedia• tely before his retirement from the service ; if, in consequence of a disciplinary measure under any law, that person is reduced in grade, his determining salary shall, during the whole of the period of reduction, be calculated in accordance with the grade to which he has been reduced, and upon the expiration of the period of reduction it shall again be calculated in accordance with the grade he held before the reduction ; "regular allowance" means an allowance payable in addition to the basic salary of an employee and recognised by the Govern• ment as a regular allowance for the purposes of this Law ;
!) Sefer Ha-Chukkim No. 548 of 5729, p. 28 ; LSI vol. XXIII, p. 32.
61 "weighted average" of the ratios of a part-time post * means the fraction obtained by multiplying each of such ratios by the num• ber of months that the employee served according-to it, adding up the products and dividing the result by the total number of months of service.
Rules for 9. The following rules shall apply in calculating the determining calculating the salary of a particular person at a particular time; determining salary. (1) Where the determining salary includes a family allowance, the allowance shall be calculated in accordance with the com• position of the family of that person on the first of the month in which that time falls ; (2) if at that time the scale of salaries is different from the scale that existed at the time of that person's retirement from the Service, the determining salary shall be calculated in accord• ance with the scale in force on the first of the month in which that time falls, with such adjustments as may have been pre• scribed by the Service Commission ; (3) for the purposes of this section, "family allowance" includes any grant payable to an employee in respect of members of his family.
Calculation of 10. The following rules shall apply in calculating the period of serv-
penod of jce for tj!e purposes of this Law : service. (1) A fraction of a month, if exceeding fifteen days, shall be deemed to be a whole month, and if not exceeding fifteen days, shall be disregarded; (2) in a fraction of a year, each whole month, within the mean• ing of paragraph (1), shall be reckoned as a twelfth part of the year; (3) only a period of service for which salary is due to the em• ployee shall be taken into account; (4) where the continuous period of service of an employee has been interrupted, the period of service preceding the interruption may be taken into account if the Service Commissioner, in ac• cordance with rules prescribed by the Service Commission, so decides; (5) a period during which an employee is suspended under the Discipline Law, with or without pay, shall not be taken into ac• count unless he is reinstated in the Service upon the termination of the period of suspension or dies during that period; (6) where an employee has been suspended under the Discipline Law, and during the period of suspension he is dismissed other- 0
* "Ratio", in relation to a part-time post, means the proportion that post bears to a full-time post — Tr.
62 wise than for one of the reasons which led to the suspension, the Court of Discipline established under the said Law (herein• after : "the Court of Discipline") shall, on the application of the Service Commissioner or the employee, decide whether and to what extent the period of suspension shall be regarded as a pe• riod of service; in making the decision, the Court shall take in• to account whether and to what extent the charge which led to the suspension of the employee has been proved.
11. Notwithstanding the provisions of section 10 (3), a period of Periods without absence which does not break the continuity of the service shall be salary which are to be taken reckoned as part of the period of service if — into account. (1) it is a period deemed to be service under section 12 of the Discharged Soldiers Law ; or (2) it is a period of part-time service under the Discharged Sol• diers Law or a period of reserve service under the Defence Serv• ice Law ; or (3) it is a period in respect of which a maternity allowance or employment injury benefits is or are due under the National In• surance Law ; or (4) it is a period for which no salary was due to the employee, but in respect of which, with the consent of the Service Commis• sioner and for the purpose of acquiring a benefit right, payments were made by him or on his behalf to the Treasury of an amount calculated in accordance with rules prescribed by regula• tions on the basis of the salary which would have been due to him but for his absence.
12. (a) In calculating the determining salary of an employee who dur• Rules for ing the whole or part of his period of service was employed in a part- calculating determining time post, the following special provisions shall apply: salary of parl- time employee. (1) If the employee was employed in a part-time post the ratio of which did not vary during the whole of his period of service, his determining salary at a particular time shall be the salary, in• cluding regular allowances, due on the first of the month in which that time falls to a part-time employee whose grade and the ratio of whose post are the same as the grade and ratio of the post of such first-mentioned employee were immediately be• fore his retirement from the Service; (2) if the employee was employed in a part-time post the ratio of which varied from time to time, his determining salary shall bear to the determining salary of the full-time post the same pro• portion as the weighted average of the ratios of his post in the different periods of his service bears to one; the same shall apply, mutatis mutandis, if the employee was employed in a full- time post during part of his period of service;
63 (3) if the period of service of the employee exceeded 420 months, the weighted average shall be calculated according to the ratios of the post in the 420 months of service most favour• able to the person entitled to the benefit; (4) where the service of an employee terminated owing to death or ill-health, the weighted average shall, for the purposes of the pension of the survivors of an employee who died during the time of his service and a pension the amount of which is deter• mined according to the degree of invalidity of the person en• titled, be calculated according to the ratios of the post in the periods specified hereunder if such calculation is more favourable to the person entitled to the benefit than the calculation in ac• cordance with paragraphs (2) and (3): (a) if the employee died or was dismissed by reason of ill- health with a degree of invalidity of 25 per cent or over, the five years of service last preceding retirement; (6) in every other case, the ten years of service last pre• ceding retirement; (5) where the service of an employee terminated owing to death or ill-health, but the ratio of his post at the time of retirement was higher than the weighted average under paragraph (2), (3) or (4), the determining salary shall, for the purposes of the pen• sion of the survivors of an employee who died during the time of his service and a pension the amount of which is determined according to the degree of invalidity of the person entitled, be calculated according to the ratio of the post at the time of re• tirement, provided that within the total period of his service he served for a minimum period in a post the ratio of which was not lower than that of the post at the time of retirement; the minimum period shall be 60 months in the case of a police offi• cer or prison officer or where the cause of retirement was the death of the employee or his dismissal by reason of ill-health with a degree of invalidity of 25 per cent or over, and 120 months in every other case ; (6) a period during which the employee was employed in a part- time post shall be deemed to be a period during which he was employed in a full-time post or in a part-time post with a higher ratio if, with the consent of the Service Commissioner and for the purpose of acquiring a benefit right, payments in respect thereof were made to the Treasury by or on behalf of the em• ployee at a rate calculated, according to rules prescrcibed by re• gulations, on the basis of the difference between the salary of the employee in his part-time post and the salary of the full-time post or the part-time post with the higher ratio, as the case may be. (b) In calculating the determining salary of a person who retired from the Service before the 28th Tishri, 5728 (1st November, 1967), paragraphs (4) and (5) of subsection (a) shall be deemed replaced by the following paragraphs: 'V4) Where the service of an employee terminated owing to death or ill-health, the weighted average shall, for the purposes of the pension of the survivors of an employee who died during the time of his service and for the purposes of a pension under section 20 (b), be calculated according to the ratio of the last five years preceding retirement if such calculation is more favour• able to the person entitled to a benefit than the calculation under sections (2) and (3); (5) where the service of an employee terminated owing to death or ill-health, but the ratio of his post at the time of retirement was higher than the weighted average under paragraphs (2), (3), or (4), the determining salary shall, for the purposes of the pen• sion of survivors of an employee who died during the time of his service and for the purposes of a pension under section 20 (b), be calculated according to the ratio of his post at the time of retirement, provided that within the whole period of his service he served for 60 months in a post the ratio of which was not lower than the ratio of his post at the time of retirement;".
13. (a) The service of a part-time employee the ratio of whose post Part-time post 1 t 0 er does not reach one third shall not be taken into account in calculating Jh a^™ e tn°r^ the period of service, or the determining salary, for the purpose of en• titlement to a benefit, except as regards — (1) the pension of survivors of an employee who died during the time of his service and who served for at least five years in a part- time post the ratio of which was one third or more; (2) a pension the amount of which is determined according to the degree of invalidity of the person entitled if he was dismissed by reason of ill-health, with a degree of invalidity of 25 per cent or more, after serving for at least five years in a part-time post the ratio of which was one third or more; (3) a pension the amount of which is determined according to the degree of invalidity of the person entitled if he retired by reason of ill-health but paragraph (2) does not apply to him, and he served for at least ten years in a part-time post the ratio of which was one third or more; (4) the service of an employee until the 12th Av, 5727 (18th August, 1967). (b) A period of part-time service shall not break the continuity of service even if it is not taken into account in pursuance of this section.
14. (a) If the employee was employed simultaneously in a full-time Service in more post and in one or more additional posts, the benefit shall be calcu- one Post• late on the basis of the full-time post only.
65 (b) If the employee was employed simultaneously in several part- time posts which add up to more than a full-time post, he and his sur• vivors shall, in relation to the period in question, be entitled to a ben• efit in respect only of a full-time post; and for that purpose, his serv• ice in the posts the determining salary of which is the lowest shall be regarded as in excess of a full-time post.
Right to 15. The following are entitled to a retirement pension : retirement pension. (1) a person who has retired on pension under section 17 or 18 ; (2) a person who was dismissed after five years of service by reason of ill-health with a degree of invalidity of 25 per cent or more; (3) a person who was dismissed aften ten years of service by reason of ill-health and to whom paragraph (2) does not apply ; (4) a person who, while forty years of age or over, was dismiss• ed for any other reason after ten years of service and was not disqualified for the State Service by a decision of the Court of Discipline: Provided that where a person has been dismissed as aforesaid under a decision of the Court of Discipline without being disqualified for the Service, and he has not yet reached the age of 60 or, after 25 years of service, the age of 55, the Court may decide that he is not entitled to the whole or part of a retirement pension.
Provisions as 16. Notwithstanding anything contained in section 43 of the Dis- to person enlist- charged Soldiers Law, an employee who has enlisted for permanent
mg for permanent seryice shajj npt> for purpose of determining his rights to a benefit, Army service. tne be regarded as having been dismissed.
Retirement on 17. An employee may retire on pension — pension at the wish of the (1) if he has attained the age of 55 years — after twenty-five employee. years of service; (2) if he has attained the age of 60 years or if a Medical Board has found that owing to invalidity he is incapable of working in the State Service — after 10 years of service.
Retirement on 18. (a) Where an employee has served for not less than 10 years, pension by de• the Service Commissioner may decide that he shall retire on pension cision of the Service Commis• if the employee has attained the age of 60 years, and he shall so de• sioner. cide if the employee has attained the age of 65 years : Provided that the Service Commissioner may, with the approval of the Service Com• mission and with the consent of the employee, authorise the contin• uance of his employment beyond the age of 65 for a period not ex• ceeding the period prescribed by the Service Commissioner, if it has been proved to the satisfaction of the Service Commission that the employee is capable of continuing in his post.
66 (b) (1) Where an employee has served for not less than 10 years and has attained the age of 60, the Service Commissioner may also decide that he shall retire on pension in respect of part only of his post; and if the employee has attained the age of 65 and it has been proved to the satisfaction of the Service Commission that he is capable of continuing in his post on a part-time basis, the Service Commissioner may, with the approval of the Service Commission, authorise the continuance of his employment in respect of part of his post for a period not exceeding the period prescribed by the Service Commissioner. Every decision of the Service Commissioner under this paragraph shall require the consent of the employee. (2) The pension of an employee as aforesaid shall, so long as he continues in a part-time post, be calculated in proportion to that part of the post in respect of which he has been retired on pension. If the part-time post in which he continues does not reach the ratio to be taken into account under section 13, then, after his retirement from the part-time post in which he con• tinued, his total pension shall, subject to the provision of sec• tion 46 (a), be calculated as if he had been retired on. full pen• sion at the time at which he was retired on pension in respect . of the first part of his post. (c) The Minister of Finance may, with the approval of the Labour Affairs Committee of the Knesset, prescribe by regulations the condi• tions and procedure for the exercise of the powers of the Service Com• missioner and the Service Commission under this section, including the maximum periods for extending the duration of service. (d) An employee who considers himself aggrieved by his retirement on pension before reaching the age of 65 may object to the decision of the Service Commissioner before the Service Commission within such period and in such manner shall be prescribed by regulations. The Service Commission shall give the Representation of State Em• ployees an opportunity to be heard, and it may allow the objection or confirm the decision of the Commissioner, without variations or with such variations as it may think fit, and its decision shall be final.
19. (a) An employee who retires on pension under section 17 shall, Advance at the time and in the manner prescribed by regulations, give advance notlce• notice of his desire to retire on pension. (b) The Service Commissioner shall, at the time and in the man• ner prescribed by regulations, give an employee advance notice of his decision to retire him on pension. (c) Where an employee retires without advance notice having been given as provided in subsection (a) or (b), he shall, for the purpose of rights to a benefit, be deemed to have retired upon the expiration of the period prescribed for the giving of notice, reckoned from the date of actual retirement, or, if advance notice of retirement was given for a date prior to the expiration of the. prescribed period, reckoned from the date on which such notice was given. For the purposes of salary rights for the said period and compensation for failure to give notice, retirement on pension without advance notice as aforesaid shall be treated as resignation or dismissal without advance notice.
Amount of 20. (a) A person entitled to a retirement pension shall be paid for life retirement a pension of an amount equal to the six-hundredth part of his deter• pension. mining salary, multiplied by the number of his months of service: Provided that the amount of the pension shall not exceed 70 per cent, and not be less than 20 per cent, of such salary. However, if, during the whole or part of his period of service, the employee was employed in a part-time post, the pension may exceed seventy per cent of his determining salary, provided that it does not exceed seventy per cent of what would be his determining salary if he had been employed in a full-time post during the whole of his period of service. (b) Where immediately before the retirement of a person a Medi• cal Board found him to be an invalid of a degree of invalidity of 50 per cent or over, or where a person has been dismissed from the Serv• ice by reason of invalidity of a lower degree, the pension shall not be less than twenty per cent of the determining salary, plus 3 per mille thereof for each per cent of the degree of invalidity. (c) Where a person was received into the service while an in• valid, his degree of invalidity, for the purposes of this section, shall be taken to be the difference between his degree of invalidity at the time of his reception into the service and his degree of invalidity at the time of his retirement.
Invalidity when 21. (a) Where a person's degree of invalidity determines the amount not to be taken of his pension, any invalidity in respect of which he has received or into account. was entitled to receive compensation or other grants from the Treasury and to which section 60 does not apply shall not be taken into account for the purpose of calculating his pension or the pension of his sur• vivors unless the Treasury has been refunded such part of the corn- pension or grants received by him as was to compensate him in re• spect of a period of invalidity for which he is entitled also to a pen• sion, or unless he has waived such part, as the case may be. (b) Where the following applies to any person : (1) the amount of his pension is determined by his degree of invalidity; (2) section 60 does not apply to his invalidity ; (3) he has, in respect of such invalidity, received compensa• tion, otherwise than from the Treasury, under any legal obliga• tion except an insurance contract, or a gratuity from the Nation• al Insurance Institute, without the Treasury having been paid
68 such part of such compensation or gratuity as was to compen• sate him in respect of the period of invalidity for which he is entitled also to a pension under this Law, or he has received, in respect of such invalidity, a pension from the National In• surance Institute, then the invalidity in respect of which he has received such compensa• tion, gratuity or pension shall not be taken into account for the pur• pose of calculating his pension or the pension of his survivors under this Law. (c) Where invalidity likely to determine the amount of his pen• sion is caused to an employee by a third party, and section 60 does not apply to such invalidity, the employee shall notify the officer-in-charge at the time and in the manner prescribed by regulations and shall do every reasonable act required of him by the officer-in-charge in order to obtain compensation from the third party; for his purpose the officer-in-charge may require the employee to deliver to such person as he may direct a power of attorney to file, at the expense of the Treasury, a claim against the third party for full or partial compensa• tion for the invalidity, as the officer-in-charge may direct. If the em• ployee fails to fulfil a duty imposed on him under this subsection, the invalidity shall not be taken into account for the purpose of calculating his pension or the pension of his survivors. (d) The Minister of Finance may, with the approval of the Lab• our Affairs Committee of the Knesset, make regulations as to the cal• culation of the part of the compensation or gratuity which is refundable or payable to the Treasury under this section; by such regulations, he may prescribe, inter alia, that compensation or gratuity payments for invalidity shall only be taken into account in calculating benefits under this section if they were received by the employee within a certain period, to be prescribed by those regulations, prior to his retirement. (e) The provisions of this section shall not apply to a person who retired from the Service before the 12th Av, 5727 (18th August, 1967) or to the survivors of such a person.
22. (a) A person dismissed from the Service before attaining the age Gratuity in of 60 years and entitled to a retirement pension under section 15 (2),additio n to pension. (3) or (4) or 78 shall, in addition to the pension, be paid a gratuity equal to the twenty-fourth part of his annual salary, multiplied by the number of his years of service: Provided that such gratuity shall not exceed the smaller of the following two: (1) the amount of his annual salary ; (2) the amount resulting from the capitalisation of a pension the amount of which is equal to the difference between the pension to which he is entitled at the time of his dismissal and the pension which would be due to him if he had served in his last grade until he attained the age of 60 years and, on attaining the age of 60 years, had been entitled to a family
I allowance in respect of those family members in respect of whom he was entitled to a family allowance at the time of his retirement. (b) If the person entitled to a retirement pension as aforesaid was an employee in a part-time post, the pension which would have been due to him had he served in his last grade until he attained the age of 60 shall be calculated at the same ratio as his pension is calculated at the time of his dismissal. (c) Where a person as referred to in subsection (a) has been dis missed under a decision of the Court of Discipline without being de clared disqualified for the Service, the Court may decide that he shall not be entitled to the whole or part of the gratuity.
Gratuity to per- 23. An employee, other than a police officer and a prison officer, 8ree 's dismissed a^ter five years of service by reason of ill-health with׳of1nvh{icVtde less'tnan ' y W a degree of invalidity of less than 25 per cent and who, in consequence 25 per cent. of such dismissal, is entitled to severance pay shall, in addition to sever ance pay, be paid a gratuity at the rate of one per cent of the amount of the severance pay in respect of each per cent of such degree of invalidity.
Option of person 24. (a) A person entitled to a retirement pension who rejoins the retteme°t Service may notify in writing that instead of his right to a pension in pensioifwho respect of his earlier service he elects to have the period of his earlier rejoins Service, service added to the period of his new service. (b) Notification under subsection (a) shall be made within twelve months from whichever is the later of the following: (1) the date of the termination of the probationary period in the new service or, if no probationary period is involved, the date on which the employee rejoins the Service; (2) the date on which the person designated by regulations notifies the employee of his right under subsection (a), but not after the employee has retired from the new service.
Provisions as to 25. Where an employee makes notification under section 24, the STcom1-0 following provisions shall apply : riods'of1 °r ^ **'s "^lt t0 a Pens*on *n resp601 °f his earlier service shall 1 r lapse as from the day on which he rejoined the Service, and he shall refund to the Treasury, in instalments prescribed by regula tions, the amounts of pension received by him in respect of any time which falls within the period of his new service; (2) the period of his earlier service shall be added to the period of his new service; (3) if at the time of his retirement from the earlier service, the employee received a gratuity under section 22, he shall refund to the Treasury, on such conditions, including payment by instal-
70 merits, as shall be prescribed by regulations, such part of the gratuity as bears to the whole thereof the same proportion as the period beginning with his rejoining the Service and ending with his attaining the age of 60 bears to the period beginning with his retirement from the earlier service and ending with his at• taining the age of 60; (4) notwithstanding the provision of paragraph (3), the employee may, instead of refunding part of the gratuity as provided in that paragraph, request that, in calculating the pension due after his retirement from the new service, his post in the earlier service shall be deemed to have been a part-time post or, if it was a part-time post, a post the ratio of which was lower than it actu• ally was, all in accordance with ratios, rules and conditions pre• scribed by regulations; however, this paragraph shall not apply if, as a result of such calculation, the ratio of the post in the ear• lier service drops below the ratio taken into account for the purposes of section 13 ; (5) if the employee has capitalised part of his pension in respect of the earlier service, then, in calculating the pension due after his retirement from the new service, his post in the earlier serv• ice shall be deemed to have been a part-time post which bears to the full-time post the same proportion as the non-capitalised part of the pension in respect of the earlier service bears to the full pension before capitalisation ; (6) where part of a pension as referred to in paragraph (5) was capitalised in respect of a certain period only, then after retire• ment from the new service, the pension shall be paid in accord• ance with paragraph (5) for that time only by which the period in respect of which the pension was capitalised exceeds the pe• riod for which a pension reduced in consequence of the capitalisa• tion became due to the person entitled before the commencement of his new service ; upon the expiration of that time, the pen• sion shall be paid as if no part of the pension in respect of the earlier service had been capitalised ; (7) for the purpose of calculating the pension due after retire• ment from the new service, the determining salary shall be cal• culated in accordance with the grade of the employee at the time of the earlier or the later retirement, whichever is the higher grade.
26. Where an employee, having served for not less than five years, Pension tc dies during the time of his service, his survivors shall, throughout the survjv°rs period specified in this section, be paid pensions at percentages of his emp oyee determining salary, as follows: (1) the widow, so long as she has not remarried — forty per cent; (2) the orphans, so long as they are not self-supporting and there is a widow entitled to a pension — ten per cent each, plus five per cent for all of them together or, if there is only one orphan, for that orphan; (3) the orphans, so long as they are not self-supporting and there is not a widow entitled to a pension — fifteen per cent each, plus fifteen per cent for all of them together or, if there is only one orphan, for that orphan; (4) the dependants, so long as they are not self-supporting — ten per cent each or, where the deceased has not left a widow, or orphan, entitled to a pension — fifteen per cent each.
Gratuity to 27. (a) Where an employee dies during the time of his service after survivors in the serving for less than five years, his survivors shall, by reason of his absence of a pension. death, be paid a gratuity of an amount to be prescribed by the Gov ernment (in this section: "the gratuity"), provided that it shall not exceed the amount of the annual salary of the deceased. (b) The gratuity shall be paid to the widow and the orphans of the deceased or, if he has not left a widow or orphans, to his other survivors. (c) The Service Commission shall prescribe the rules for the apportionment of the gratuity among the survivors, and the amounts of the deductions to be made from the salary of the employee on account of the gratuity which will become due upon his death.
Pension to 28. (a) Where a person, entitled to a retirement pension dies, his sur survivors of vivors shall, throughout the period specified in this section, subject to person entitled to a retirement the provisions of section 109, (b)(2), be paid pensions at percentages of pension. the amount of the pension which would be due to the person entitled but for his death, as follows: (1) a widow who had been his wife for not less than three years last preceding his death or who has borne him a child, so long as she has not remarried — sixty per cent, but not more than forty per cent of the amount of the determining salary of the person entitled to a retirement pension who has died; (2) the orphans, so long as they are not self-supporting and there is a widow entitled to a pension — fifteen per cent each; (3) the orphans, so long as they are not self-supporting and there is not a widow entitled to a pension — fifteen per cent each, plus twenty-five per cent for all of them together or, if there is only one orphan, for that orphan; (4) the dependants, so long as they are not self-supporting and the deceased has not left a widow, or an orphan, entitled to a pension — twenty per cent each.
72׳ (b) The pension which would be due to a person entitled but for his death, as specified in the opening passage of subsection (a), is the pension which he would have received immediately before his death but for the provisions of sections 29, 32, 33, 35, and 46 (b). (c) Where the pension of a person entitled was reduced or denied under section 53 or 61,.the pension as specified in subsection (b), as reduced or denied, shall be deemed to be the pension which would be due to him but for his death.
29. (a) In this section — Pension under this Law and "insurance pension" means a pension by virtue of old-age in• insurance surance or a pension by virtue of survivors' insurance under pension. the National Insurance Law ; "reduced pension" means a pension due under this Law after deductions of the amount referred to in subsection (b). (b) Where a person entitled to a pension under this Law is en• titled also to an insurance pension, there shall be deducted from his pension under this Law an amount equal to half of his insurance pen• sion or to one third of his pension under this Law, whichever is less; if part of the pension under this Law has been capitalised, the third of the pension under this Law shall be calculated as if there had been no capitalisation. (c) The deduction referred to in subsection (b) shall be calculated according to the insurance pension payable on the first of the month in respect of which the pension under this Law is due. (d) (1) Notwithstanding the provisions of subsection (b), the ag• gregate of the pension under this Law and the insurance pen• sion due to the person entitled shall not, in consequence only of a deduction under that subsection, be less than a minimum amount of 200 pounds if the person entitled is paid an addi• tion to the insurance pension by the right of a person depend• ant on him, 167 pounds where an addition as aforesaid is not payable, or any other amount prescribed by the Minister of Finance, with the approval of the Labour Affairs Committee of the Knesset, having regard to all the circumstances neces• sitating the variation. (2) Where the aggregate of the pension under this Law and the insurance pension as aforesaid is less than the minimum amount, no deduction under this section shall be made. (3) For the purposes of this subsection, "the pension undei this Law" means — (a) the pension which would be payable but for the pro• visions of section 35 or, in the case of a capitalised pen• sion, the pension which would be payable had it not been capitalised; plus — 73 (b) all the double benefits to which the pension in ques• tion is entitled under section 32 or 33, as reduced under that section. (e) If prior to his retirement the person entitled to a pension un• der this Law was employed in a part-time post, then — (1) for the purposes of the deduction under subsection (b), only such part of the insurance pension shall be taken into account as bears to the whole thereof the same proportion as the determining salary according to which his pension is paid under this Law bears to his determining salary calculated as if he had been employed in a full-time post during the whole period of his service ; (2) subsection (d) shall apply, but the minimum amounts re• ferred to therein shall be reduced in the proportion stated in paragraph (1). (f) Where the reduced retirement pension, plus the insurance pen• sion due to the person entitled, exceeds his determining salary, the ex• cess shall be deducted from the reduced pension. (g) The aggregate amount of reduced pensions due to the survi• vors of a particular deceased person shall not exceed the difference between the determining salary of the deceased person and the aggre• gate amount of insurance pensions due to the survivors. (h) Where the aggregate amount of insurance pension is equal to or exceeds the determining salary, no pension shall be paid to the sur• vivors under this Law. (i) The provisions of this section shall not apply to a widow in receipt of a pension under section 26 (1) or 28 (a) (1) who is entitled under the National Insurance Law to both an old-age pension and a survivor's pension and has opted for one of them under section 143 of that Law.
Survivors' pen• 30. (a) Where the aggregate amount of the pensions due to the sur• sion the amount vivors of a deceased person exceeds the maximum amount, or where of which is fixed by the officer-in- the deceased has left more than one widow or orphans by several charge. wives, or where the orphans do not live in the same household, the survivors shall, in lieu of pensions of the amounts prescribed in sec• tions 26, 28 and 29 (b), be paid pensions of amounts to be fixed by the officer-in-charge, having regard to the position of the survivors and to any agreement between them : Provided that — (1) the amount of pension fixed by the officer-in-charge for any one of the aforesaid survivors shall not exceed the amount of pension which would be due to him but for the provisions of this section;
74 (2) the aggregate amount of the pensions fixed by the officer- in-charge shall be the maximum amount or the aggregate amount of the pensions which would be due to the survivors but for the provisions of this section, whichever is less. (b) The maximum amount, in relation to the survivors of an em• ployee, is seventy per cent of his determining salary or the difference referred to in section 29 (g), and in relation to the survivors of a per• son entitled to a retirement pension, seventy-five per cent of such pen• sion or the difference referred to in section 29 (g), whichever is less.
31. (a) Where a widow entitled to a pension remarries, she shall be Gratuity to paid a gratuity of an amount equal to the amount of the pension to which she was last entitled prior to her remarriage, multiplied by thirty- six ; and in the case of a widow who, by reason of the provisions of section 30, 35, or 36, is paid a pension at a reduced rate or no pension at all, the pension to which she would have been entitled but for the provisions of the said sections shall be deemed to be the pension for the present purpose. (b) A gratuity paid to a widow under section 37 (a) shall be de• ducted from the gratuity payable under subsection (a). (c) One half of the gratuity under this section shall be paid to the widow upon the filing of her application therefor,, but not before her remarriage, and the other half at the expiration of two years after her remarriage. (d) If the new marriage is dissolved by the death of the husband within two years from the date on which it was contracted, or is dis• solved at any time as a result of proceedings begun within those two years, the woman shall, from the date of the dissolution of the mar• riage, be paid the same pension as would have been payable to her at the time had she not remarried ; however, if she has already been paid a gratuity, or one half of a gratuity, under this section, the amount of the pension shall be reduced until the amount deducted is equal to the amount of gratuity received by her: Provided that the amount of the pension shall not in any month be reduced by more than one half. (e) If the woman's right to the pension ceases before the aggre• gate amount of the deductions under subsection (d) reaches the amount of the gratuity received by her, the balance shall be a debt of the wo• man or of her estate to the Treasury.
32. (a) In this section, "double benefits" means two pensions under Restriction on this Law, or one pension under this Law plus one or more of the fol- double benefits, lowing benefits; (1) a pension by reason of an employment injury under the National Insurance Law; (2) weekly compensation under the Workmen's Compensa• tion Ordinance, 1947 J);
J) P.G. of 1947, Suppl. I, No. 1604, p. 186 (English Edition).
75 (3) a pension or similar payment payable out of the Trea• sury under any other Law or any agreement or arrangement, except a benefit under the Rehabilitation Laws, within the meaning of section 34 ; (4) a pension or similar payment payable under any other Law or any agreement or arrangement from a public fund de• signated for the purposes of section 35 or from a pension fund or provident fund with which the public fund is con• nected for the purposes of a pension or payment as afore• said. (b) Where the aggregate amount of double benefits to which a person is entitled, including such part thereof as has been capitalised, exceeds 70 per cent of the determining salary, the pension under this Law or one of the two pensions thereunder, as the case may be, shall be reduced by the amount by which the aggregate amount of the double benefits exceeds 70 per cent of the determining salary. This provision shall not apply to an orphan's pension or to a pension other than un• der this Law due by virtue of service in the Palestine Government. (c) Notwithstanding anything provided in any other Law, where a person entitled to a pension under this Law is entitled to a reduced pension under another Law by reason of a pension under this Law, each pension shall be reduced by an amount which bears to the total amount which would be deductible if the reduction were made under the provisions of subsection (b) the same proportion as the pension bears to the aggregate amount of the pension prior to the reduction. (d) The determining salary for the purposes of this section shall be the determining salary according to which any pension under this Law is calculated or the salary according to which the other benefits are calculated, whichever is the higher salary. Where the other benefits are not calculated on the basis of a salary, the salary for thé purposes of this section shall be determined in accordance with the principles on which the determining salary is calculated. Where section 12 is applicable to the determining salary under this Law, such salary shall be replaced by the determining salary calculated as if the employee had been employed in a full-time post during the whole period of his service. (e) Where an employee served at one and the same time in the State Service and in a body the fund of which has been designated as à public fund for the purposes of section 35, and the aggregate amount of the pensions and benefits due in consequence of service as afore• said exceeds the pension which would be due if during the period in question the employee had served in the State Service in a full-time post, with a salary equal to the determining salary under subsection (d), the pension under this Law shall be reduced by the excess. (f) This section shall not derogate from the provisions of section 21. 33. (a) Section 32 shall not apply to a pension under this Law of a Restrictions as person who before the 28th Tishri, 5728 (1st November, 1967) (herein- to section 32. after in this section : "the amendment date") was entitled to it and to any of the benefits specified in section 32 (a), other than a second pension under this Law or an employment injury pension under the National Insurance Law (hereinafter in this section : "employment in• jury pension"). (b) A person who before the amendment date was entitled to two pensions under this Law and opted for one of them shall, subject to the provisions of section 32, be entitled to receive both pensions in respect of the time subsequent to the amendment date. However, where severance pay was paid in consequence of such retirement from the Service as would have entitled the person to a pension had section 32 been in force at the time, the period in respect of which it was paid shall not be included in calculating his period of service. (c) Where before the amendment date a person retired from the Service under circumstances which entitled him or his survivors, at his or their option, to a pension under this Law or an employment injury pension, the following special provisions shall apply : (1) If the person entitled to a pension as aforesaid opted for an employment injury pension, he shall, in respect of the time subsequent to the amendment date, be entitled also to a pen• sion under this Law, subject to the provisions of section 32 ; however, where severance pay was paid in consequence of the retirement, the period of service in respect of which it was paid shall not be included in calculating the pension under this Law; (2) if the person entitled opted for a pension under this Law, he shall, in respect of the time subsequent to the amendment date, be entitled also to an employment injury pension, sub• ject to the provisions of section 32, provided that the claim for the employment injury pension is filed by him within twelve months from the occurrence of the event which would have entitled him to an employment injury pension had he not opted for a pension under this Law or that the National In• surance Institute pays to the Treasury compensation under this Law, as in force immediately before the amendment date, for the benefit it has paid or may in the future pay ; (3) notwithstanding the provisions of paragraph (2), the Na• tional Insurance Institute may pay the whole or part of an employment injury pension even if it is claimed after the time allowed by that paragraph.
34. (a) In this section — Benefit under this Law and "the Rehabilitation Laws" means the Invalids Law, the Sol- under Rehabili- diers' Families Law, the Invalids (War against the Nazis) tationLaws. Law, and any Law which the Minister of Finance, after con-
77 sultation with the Labour Affairs Committee of the Knesset, defines by order as a Rehabilitation Law within the meaning of this Law; "benefit under the Rehabilitation Laws" means a pension, grant or gratuity due under the Rehabilitation Laws. (b) A person who, in consequence of one event, is entitled to a benefit under this chapter and to a benefit under the Rehabilitation Laws may opt for one of them. However, where an employee retires from the Service and in consequence of his retirement, owing to a change in the amount of his income, he becomes entitled also to a benefit under this Rehabilitation Laws, such facts shall not impair his rights to benefits under this Law. (c) If he chooses the benefit under this chapter, he shall be en• titled also to twenty-five per cent of the benefits under the Rehabilita• tion Laws and to ail the other rights due thereunder. (d) (1) A person who, otherwise than in consequence of one event, is entitled to a benefit under this Law and to a benefit under the Rehabilitation Laws shall be entitled to both benefits ; (2) This subsection shall, in respect of the time subsequent to the 27th Tishri, 5728 (31st October,. 1967), apply also to a person who had retired by that date, provided that where such a person received retirement grants from the Treasury in con• sequence of his retirement from the Service those grants have been returned in accordance with rules and conditions pre• scribed by regulations.
Pension and 35. (a) Where a person entitled to a pension receives also a salary salary. from the Treasury or from any other fund designated by the Govern• ment as a public fund within the meaning of this section (hereafter in this section: "the present salary"), the following provisions shall apply: (1) a person entitled to a retirement pension, or a widow en• titled to a survivor's pension, whose present salary is less than the determining salary according to which the pension is to be calculated shall be paid a pension equal to the difference between his or her present salary and the determining salary : Provided that such pension shall not exceed the pension which would be due to him or her but for the provisions of this sec• tion ; where the present salary exceeds the determining salary, no pension shall be paid ; (2) a person entitled to a survivor's pension, except a widow entitled to a survivor's pension, whose present salary is less than half the determining salary according to which the pen• sion is to be calculated shall be paid a pension equal to the difference betwen his present salary and half the determining
78 salary : Provided that such pension shall not exceed the pen• sion which would be due to him but for the provisions of this section ; where the present salary exceeds the said half, no pension shall be paid. (b) For the purposes of subsection (a), the present salary shall be calculated according to the salary which the person entitled to a pen• sion has received out of the Treasury or a public fund in respect of the month in which the pension is due. (c) Where section 12 applies to the calculation of the determin• ing salary, then, for the purposes of the reduction under subsection (a), only such part of the present salary of the person entitled to a pension shall be taken into account as bears to the whole thereof the same proportion as the ratio of the post according to which his deter• mining salary is calculated bears to the full-time post. (d) Where immediately before his retirement a person entitled to a retirement pension was employed in a part-time post, and the follow• ing applies to him: (1) before his retirement, he was employed in an additional post in the State Service or in a body designated as a public fund, within the meaning of this section, and that post con• fers no right to a benefit or any other similar payment; and (2) he continues to be employed in the post referred to in paragraph (1), his salary in respect of the employment referred to in paragraph (2) shall not be taken into account for the purposes of a reduction under this section, save in so far as the ratio of the post in which he is em• ployed as aforesaid plus the ratio of the post from which he has retired, are in excess of a full-time post. (e) Where a person entitled to a retirement pension has capitalised part of his pension, the calculation for the purposes of subsection (a) shall be made as if he received a full pension, and the capitalised part of the pension shall not be deducted therefrom until the pension has been reduced in consequence of the receipt of a salary out of the Trea• sury of a public fund.
36. (a) Notwithstanding the provisions of the preceding sections, a Pension to widow w ho hasa 1 ed self-supporting widow shall only be paid a survivor's pension from j }^ the time she attains the age of forty-five, except where there is a child five*86 ° °T V" who — (1) is not self-supporting and (2) is the child of both the deceased and the widow or, being the child of one of them, is fully maintained by the widow or is maintained by her to the extent determined by the Minister of Finance with the approval of the Labour Affairs Committee of the Knesset.
79 (b) Notwithstanding the provisions of subsection (a), the child• less self-supporting widow of a person who died before the 28th Tishri, 5728 (1st November, 1967), shall not be paid a survivor's pension so long as she has not attained the age of forty-five years.
Gratuity in lieu 37. (a) A widow who by reason of section 36 or of section 28 (a) (1), widowS1°n t0 as ^ar as xt concerns tne duration of the marriage, does not receive a W1 ow' survivor's pension shall be paid a gratuity equal to the pension to which she would be entitled but for those sections, multiplied by twelve: Provided that, where a widow to whom section 36 applies had, at the death of the deceased, attained the age of forty-three years, the gratuity shall be equal to the product of half the amount of the said pension and the number of the months by which her age is less than forty-five years. (b) A widow to whom section 35 applies at the death of the de• ceased shall be paid a gratuity equal to the difference between the pension which would be due to her but for the provision of section 35 and the pension due to her at that time under that section, multiplied by twelve ; and she shall not be entided to receive her full pension or a pension of an increased amount until the expiration of fifteen months from the first of the month in which the deceased died even if she ceases to receive a salary, or a change occurs in the amount of her salary, before the expiration of that period. (c) A widow to whom section 35 applies within 15 months from the first of the month in which the deceased died shall be paid the gratuity referred to in subsection (b) with a deduction of the fifteenth part thereof in respect of each month elapsed between the first of the said month and the date on which she began to receive a salary out of the Treasury or a public fund ; and she shall not be entitled to receive her full pension or a pension of an increased amount until the expiration of the said fifteen months even if she ceases to receive a salary as aforesaid, or a change occurs in the amount of her salary, before the expiration of the said period.
Wife entitled 38. (a) Where a person had been divorced from his wife and in that to maintenance, connection had become liable to pay her maintenance, under a judg• ment or written agreement, the wife shall, for the purposes of the rights connected with his death under this Law, be deemed not to have been divorced : Provided that if a pension is due to her, it shall not exceed the amount of maintenance which that person was bound to pay her immediately before his death. (b) The following rules shall apply for the purposes of sub• section (a) : (1) Where the officer-in-charge has reason to believe that the obligation to pay maintenance, or any change in the amount thereof, was determined fictitiously, the person claiming a benefit under this section must prove that the obligation or change is genuine;
80 (2) where since a divorced woman's right to a pension was determined a substantial change has occurred in the deter• mining salary, the officer-in-charge may vary her pension on the basis of the same calculations and reasons as would have permitted the Court to vary her maintenance but for the death of the person liable. (c) Where a person had permanently separated from his wife, such wife shall, for the purposes of this Law, be deemed to be a dir vorced woman, even if that person has not left another wife.
39. (a) Where an employee or his survivor, by reason of the retire• Benefit and severance pay. ment of the employee, is entitled to a benefit under this Law, other than a gratuity under section 23 or 27, he shall not for the same reason be entitled to severance pay payable to an employee or to his sur• vivors. (b) A survivor who, by reason of the death of an employee, is entitled to a benefit under this Law shall not for the same reason be entitled to a life-insurance gratuity in the financing of which the Trea• sury participates. (c) Where severance pay is due to a person who, by reason of his choice under section 34, is not entitled to a pension under this Law, the amount of the severance pay shall not exceed the amount of the determining salary which the employee had immediately before his re• tirement, multiplied by five. If, during the whole or part of his years of service the employee served in a part-time post, the determining salary shall, for the present purpose, be determined according to the weighted average of the ratios of his post during the whole or the last five years of his years of serv• ice or according to the ratio of his post at the time of his retirement (provided that during the whole of his period of service he served for at least sixty months in a post the ratio of which was not lower than the ratio of his post at the time of his retirement), whichever calcula• tion is most favourable to the employee or to his survivors, as the case may be. (d) Where a person to whom section 33 (c) applies opted for an employment injury pension before the amendment date, within the meaning of that section, he shall, for the purposes of his right to sev• erance pay, be treated in like manner as a person not entitled to a pension because of his choice under section 34 is treated in pursuance of subsection (c). (e) The provisions of subsections (a) and (b) shall also apply if the person entitled has waived his benefit or if the benefit is not pay• able to him in consequence of the provisions of section 15 (.4), 29(e), 35, 36, 46 (b), 50, 54, 55, 56, 60 (b), 60 (c), or 61. 81 Gratuity to 40.. Where an employee has died after five years of service, his sur• survivors vivors may, if the officer-in-charge is satisfied that it is in their interest in lieu of other benefits. so to do, choose a gratuity under section 27 instead of all the other benefits due to them under this Law, as if the employee had served for less than five years; and if severance pay is due to them, the amount thereof shall not exceed the amount of the determining salary which the employee had immediately before his retirement, multiplied by five. If during the whole or part of his years of service the employ• ee served in a part-time post, the determining salary shall, for the present purpose, be determined according to the weighted average of the ratios of his post during the whole or the last five years of his years of service or according to the ratio of his post at the time of his retirement (provided that during the whole of his period of service he served for at least sixty months in a post the ratio of which was not lower than the ratio of his post at the time of his retirement), which• ever calculation is most favourable to the survivors.
Law to apply 41. The provisions of this Law as to an employee and the survivors equally to male of a deceased person shall apply, with the necessary variations, to both and female employees. a male and a female employee and the survivors of both a male and a female deceased person : Provided that a widower shall not be en• titled to any pension if he is self-supporting, and shall not be entitled to a pension under section 82 (a) (1) unless he had been the husband of the deceased for not less than three years prior to her death or she had borne him a child.
CHAPTER THREE: CLAIMS AND PAYMENTS
Claims. 42. (a) A person who claims a benefit shall submit his claim to an officer-in-charge. (b) The officer-in-charge shall, on the basis of the claim, decide whether and to what extent the benefit shall be granted and shall send his decision to the claimant by registered post, indicating the reasons therefor and the claimant's right under section 43. (c) The officer-in-charge shall not be bound by rules of proce• dure and the rules of evidence, but shall act in such manner as he deems most expedient for clarifying the questions to be decided by him. (d) (1) The officer-in-charge may, on the basis of a claim by sur• vivors, decide upon an interim benefit payable pending a fi• nal decision on the rights of all those entitled to a benefit in connection with the employee's service. The officer-in- charge shall send the interim decision to the claimant by re• gistered post, indicating the reasons therefor and the claim• ant's right under section 43. (2) This subsection shall not derogate from the power of the officer-in-charge as to the payment of advances. 82 43. (a) A claimant who considers himself aggrieved by a decision or Appeal, interim decision of the officer-in-charge may appeal to a Regional Court, within the meaning of the Labour Courts Law, 5729—19691). (b) The Minister of Justice may make regulations concerning the time for filing the appeal. (c) The Regional Court may confirm or vary the decision of the officer-in-charge or give another decision instead.
44. The officer-in-charge may give a new decision as to any matter, New decisions, either on his own motion or on the application of a person entitled to a benefit, even if a final decision under section 43 has already been given, if he is satisfied, on the strength of fresh evidence which was not before the person who gave the previous decision, that such deci sion was based on an error; the new decision shall for all purposes, including the right of appeal, be treated like any other decision, but it shall not be carried into effect until the expiration of the period of appeal under section 43 or, if an appeal has been filed, until the Re gional Court, by final or interim decision, directs that it shall be carried into effect.
45. Benefits shall be paid out of Treasury funds. Benefits from Treasury.
46. (a) A pension shall be paid on the last day of every month, be- From when ״ginning with the month following the month in which the ground there- ^™0Jsha ־ for arose : Provided that where on the 28th Tishri, 5728 (1st Novem- p ber, 1967) a person was entitled to a pension and it was actually paid to him, it shall be paid to him or to his survivors, as the case may be, at the beginning of every month. (b) An employee who retires on pension under section 17 (1) before attaining the age of 60 years shall, notwithstanding the provi sions of subsection (a), be paid a retirement pension from the month beginning after the day on which he attained the age of 60 years: Provided that if the Medical Board finds that he is incapable of earn ing a living outside the Service he shall be paid the pension from the month beginning after the day on which the ground therefore arose or, if his incapacity to earn as aforesaid began later, from the month be- gining after the day on which such incapacity began.
47. Where after the first of any month an event occurs entailing an Variation of increase or reduction of the amount of the pension of a particular per amount of pension from son entitled or the suspension of the payment thereof or the termina when operative. tion of the suspension or of the right to the pension, then, save as otherwise provided in this Law, that event shall not be taken into ac count for the purposes of the payment of the pension in respect of that month.
2) Sefer Ha-Chukkim of 5729, p. 70 ; LSI vol. XXIII, p. 76.
83 Payment for 48. (a) A pension shall not be paid for a period preceding by more period prior than four months the filing of the claim for it: Provided that the off i- to submission of application. cer-in-charge may extend the period allowed by up to two years if the delay in filing the claim occurred for reasons which, in the opinion of the officer-in-charge, justify the extension. (b) Where an action for damages is brought against the State the cause of which is an event entitling the plaintiff to a benefit under this Law, and thereafter a claim is filed under this Law for the same cause, then, for the purposes of this section, the claim shall be deemed to have been filed on the day the action was brought, provided that the claim for the benefit is actually filed not later than two months from the day on which a non-appealable judgment was given or, in the case of a judgment which was appealable but was not appealed against, from the day on which the period of appeal expired.
Payment of 49. (a) A benefit shall be paid to the person to whom it is due : benefit to Provided that a pension due to a person under guardianship shall be another than the person paid to the guardian. entitled. (b) Where the officer-in-charge is satisfied that the payment of a benefit to the person entitled is not in the latter's interest or in the in• terest of the members of his family to whom he owes maintenance, or that the payment of the benefit to the guardian is not in the interest of the person entitled, he may, upon not less than fifteen days' ad• vance notice, take over the whole or a part of the pension and use it in the interest of the person entitled or the members of his family, or direct that a person empowered by him in that behalf shall do so. (c) A decision of the officer-in-charge under subsection (b) not voided in an appeal under section 43 shall expire, if the person entitled had no guardian at the time the decision was given, upon the appoint• ment of a guardian, and if the person entitled had a guardian, upon the confirmation of the guardian by a competent court or the appoint• ment of another guardian in his stead.
Prescription 50. The right to file a claim for a benefit due to a survivor shall of right of lapse at the expiration of two years from the day on which the ground claim. therefor arose: Provided that the officer-in-charge may extend the period allowed if the delay in filing the claim was due to causes over which the claimant had no control.
Accumulation of 51. Where a person entitled has not collected any benefit moneys payments within two years from the day when they were placed at his disposal, prohibited. the officer-in-charge may decide that his right to receive them has lapsed.
Benefits due to 52. (a) Where a person entitled to a pension has died without having Person en.tJtled collected the pension due to him for the month in which he died and
w o as led. jor ^ tWQ months preceding that month, or part of such pension, such pension shall be paid to his spouse, parent or child if he so directed 84 prior to his death. If he did not so direct and he had a spouse, the said pension shall be paid to such spouse; if there is no spouse, the pension shall be dealt with in the manner set out in subsection (b). (b) (1) Where a person entitled to a benefit has died without having collected a benefit due to him, such benefit shall, sub• ject to the provisions of subsection (a), be paid to his survi• vors entitled to a pension in consequence of his death and be divided among them in the ratio in which the aggregate amount of the pensions due to the survivors is divided among them. For that purpose, a widow shall be regarded as entitled to a pension even if she is not entitled to a survivor's pension. (2) Where no claim has been filed by a survivor, the benefit shall be divided among the heirs of the person entitled : Pro• vided that if the officer-in-charge has reason to believe that survivors entitled to a pension exist, he may delay the pay• ment of the benefit until the period of prescription for the fil• ing of a claim for a benefit by the survivors has passed or until the heirs give security, to the satisfaction of the officer- in-charge, for the refund of the benefit in the event that sur• vivors entitled to a pension are discovered.
53. Where it has been proved that a person has attempted to obtain Fraudulent act. a benefit by fraud, the benefit to which he is entitled shall be reduced by 25 per cent.
54. (a) If the officer-in-charge has a reasonable ground for suspecting Termination of service in con• that an employee has fraudulently caused the termination of his serv• sequence of ice, and an action has been brought with the Court of Discipline of fraudulent act. State Employees in respect of the fraudulent act, the President of the Court of Discipline may, on the application of the officer-in-charge and after the person concerned has been given a suitable opportunity to be heard, delay the payment of all or part of any benefits due in consequence of the retirement of the employee pending the decision of the court in the action. (b) On the application of the person concerned, the President of the Court of Discipline may, at any time prior to the decision of the court in the action, vary or rescind the delaying decision if he sees rea• sons justifying his doing so. (c) The period of prescription under section 66 of the Discipline Law shall not apply to the bringing of an action under this section. (d) If, in an action under this section, the Court of Discipline finds that the fraudulent act has been proved, it may decide that the person on trial shall not be entitled to the whole or part of a benefit, and it may also require him to refund the whole or part of the benefits received by him and to which, according to the decision of the Court, he was not entitled.
85 (e) A decision of a Court of Discipline under this section shall be appealable in like manner as a decison thereof for the dismissal of an employee.
Survivor who 55. A survivor who intentionally and unlawfully has caused the death has caused of an employee or a person entitled to a pension or who was an ac• death of the deceased. complice in such an offence shall not be paid any benefit to which he is entitled by reason of the death of that person.
Pension to 56. Where a person is under imprisonment by virtue of a judgment person under of a competent court which sentenced him to imprisonment for a term imprisonment. of three months or more, he shall be paid no pension for the time that he is under imprisonment.
Payment of 57. The following special provisions shall apply to a person disqualifi• pension in ed for the State Service for a limited period by a decision of a Court case of limited disqualification. of Discipline : (1) He shall not be paid a benefit in respect of the period of dis• qualification ; (2) in respect of the time subsequent to the period of disqualifica• tion, he shall, if and in so far as the Court of Discipline so de• cides, be paid the pension due to him under the other provisions of this Law : Provided that if, immediately before the commence• ment of the disqualification, he was entitled to retire on pension, he shall be paid the pension in full from the termination of the period of disqualification; (3) if the disqualified employee dies before the expiration of the period of disqualification, his survivors shall be paid the pension to which they would have been entitled had the period of dis• qualification ended immediately before the death of the disqualifi• ed employee.
Transfer of 58. (a) Such part of the pension as is not in excess of an amount right to benefit. fixed for the purposes of section 8 (a) of the Wage Protection Law, 5718—1958 1). or one half of the pension, whichever is the greater amount, cannot be attached, transferred or charged, except for the pur• pose of the payment of maintenance. (b) For the purposes of subsection (a), "the pension" means the pension which would be due but for the provisions of sections 29, 32, 33, and 35.
Restriction 59. The Treasury may not set off benefits against a debt due from a on set-off. person entided to a benefit, except any of the following debts: (1) advances received by him from the Treasury on account of benefits; (2) loans received by him from, or guaranteed by, the Treasury ;
!) Sefer Ha-Chukkim of 5718, p. 86 ; LSI vol. XII, p. 100.
86 (3) amounts erroneously paid to him by the Treasury in excess of what was due on account of salary, benefits, or severance pay; (4) amounts received by him from a third party on account of compensation as specified in section 60; (5) costs imposed on the person entitled under section 97.
60. (a) Where the occurrence which requires the Treasury to pay a Claims against benefit under this Law is a ground also for requiring a third party to tmrd Party• pay compensation to the same entitled person under the Civil Wrongs Ordinance (New Version)*) (hereinafter: "the Civil Wrongs Ordin• ance), the Treasury may claim from such third party compensation for the benefit paid or to be paid by it to the extent of the compensa• tion to which the third party is liable. (b) A person entitled to a benefit under this Law shall extend every assistance and do every reasonable act in order to help the Trea• sury to realise its right under this section, and shall not do any act likely to prejudice the rights of the Treasury under this section or to prevent their realisation ; where a person entitled to a benefit contra• venes a prohibition imposed by this section, or does not do what he is required to do thereunder, the officer-in-charge may deny him the right to the whole or a part of the benefit. (c) (1) Where the Treasury is liable for the said compensation, the person entitled may choose between the benefit and the compensation. (2) Where the person entitled has brought an action under the Civil Wrongs Ordinance against the State, he shall have the choice referred to in paragraph (1) until a non-appealable judgment is given or, in the case of a judgment which is appealable but is not appealed against, until the period of appeal has expired. (d) For the purposes of section 86 of the Civil Wrongs Ordin• ance, a benefit is regarded as a right arising from a contract.
61. Where the amount of the pension of a person entitled has been invalid determined in accordance with his degree of invalidity, the officer-in- ?*0*"^ charge may reduce, suspend or deny such part thereof as is in excess of the pension which would be due but for the invalidity if that person — (1) has caused his invalidity by gross misconduct; (2) has without sufficent cause infringed a direction of the Medi• cal Board, or of a physician empowered by it in that behalf, in• tended to speed up his recovery or to reduce his degree of in• validity ;
*) Dinei Medinat Yisrael {Nusach Chadash) No. 10, p. 266. (3) has acted in a manner which by common knowledge is likely to raise the degree of invalidity or prevent recovery in a case like his; (4) has without sufficient cause failed to report for examinations by the Medical Board which he is required to undergo in pur suance of this Law or of regulations made thereunder.
Payment of 62. (a) .Where a person has been denied the whole or part of a be benefit for nefit, or where the payment of such to a person has been discontinued, maintenance of in-charge, the officer-in-charge may direct־members of by a decision of the officer family. that the whole or part of the benefit be paid to persons to whom that person owes maintenance : Provided that where a benefit has been denied a person in consequence of a decision of the Court of Disci pline, the officer-in-charge shall not direct payment as aforesaid save upon the recommendation of the Court of Discipline. (b) Where a person as aforesaid dies during the priod of denial, the officer-in-charge may direct that his survivors shall be paid the whole or part of the pension to which they would be entitled if the period of denial had ended immediately before that person's death, provided that they file a claim with him within two years from the date of such death. However, where the deceased had been denied the be nefit in consequence of a decision of the Court of Discipline without the officer-in-charge having exercised his power under subsection (a) in his case, the officer-in-charge shall not direct payment as aforesaid save upon the recommendation of the Court of Discipline.
Provision for 63. Where a survivor, by virtue of the provisions of section 29, 31, the purpose 32, 33, 34, 35, 40, 41, 48, 50, 51, 55, 56, 60 (b) or 60 (c), and for no of determining the rights of other reason, is not paid a pension, he shall, for the purpose of deter family members mining the right of other family members to a pension, and the amount to a benefit. of such pension, be deemed to be entitled to a pension.
CHAPTER FOUR: SPECIAL PROVISIONS CONCERNING KINDERGARTEN TEACHERS
Definitions. 64. In this chapter — "kindergarten teacher" means a female employee employed as a kindergarten teacher; "veteran kindergarten teacher" means a kindergarten teacher who has served in that capacity for ten years.
Right to 65. In addition to the provisions of section 17, a veteran kindergarten earlier teacher may retire on pension if she has attained the age of 57. retirement.
Retirement on 66. A reference in section 18 to the age of 60 shall be read as a re pension by ference to the age of 57 in every case of the retirement on pension of a decision of Service Com veteran kindergarten teacher. missioner.
88 67. A reference in section 22 to the age of 60 shall be read as refe Gratuity in addition to rence to the age of 57 in every case of the retirement of a veteran pension. kindergarten teacher. 68. A reference in section 40 (b) to the age of 60 shall be read as a Commencement ol reference to the age of 57 in every case of the retirement on pension payment of of a veteran kindergarten teacher. pension. 69. Where section 94 applies to a kindergarten teacher who attains Removal of the age of 55 before having served for fifteen years, that section shall limitation imposed for — apart from appropriate changes of gender — be read as if the clos reasons of ' ' ing passage following the words "notwithstanding the benefit rights health. clause" were replaced by the words "this Law shall apply to her and her survivors if she is a veteran kindergarten teacher and has attained the age of 57".
CHAPTER FIVE: APPLICATION OF LAW TO POLICE OFFICERS AND PRISON OFFICERS
70. (a) This Law shall apply to every police officer with the adapta- Adaptations, tions and additions prescribed by this chapter. (b) In the case of a police officer or his survivors — (1) every reference to the Service Commissioner shall be read as a reference to the Inspector-General of Police; (2) sections 103 and 104 shall not apply to rules, conditions, directions or recommendations relating to police officers or the survivors of police officers; (3) section 46 (b) shall not apply.
71. Paragraphs (1) and (2) of section 3 shall not apply to a police of Continuity of ficer, but the continuity of his service shall not be regarded as broken service of police officer. by reason of absence from the service owing to leave or rest granted under the Service Rules of the Police.
72. Section 8 shall be read as if the following had been inserted at The determining the end of the definition of "the determining salary" : "However, in salary. the case of a police officer who immediately before his retirement from the Service held an appointment to duties to which a grade higher than his grade is attached, and the appointment was not merely tempo rary, his determining salary shall be calculated in accordance with the grade attached to those duties and not in accordance with his grade. If it is doubtful whether the appointment was temporary or not, the Inspector-General of Police shall decide.".
73. Section 18 shall not apply to a police officer, but where a police Retirement on ׳ officer has served for not less than ten years, the Inspector-General of pension in accordance with Police may direct his retirement on pension if the police officer has direction. attained the age of 55 years.
89 Effects of 74. (a) Paragraphs (5) and (6) of section 10 shall be read as if the suspension. words "under the Discipline Law" had been replaced by the words "under any Law dealing with the suspension of police officers from the Service". (b) Paragraph (6) of section 10 shall be read as if the words "the Court of Discipline established under the said Law (hereinafter: "the Court of Discipline")" and the words "the Court" had been re• placed by the words "the Inspector-General of Police".
Calculation 75. Section 12 (a) shall be read as if items (a) and (b) in paragraph of determining (4) had been replaced by the following items: salary in the case of a part- "(a) if the service was terminated by death or if the employee time post. was dismissed by reason of ill-health, the five years of service last preceding retirement; (b) if the employee retired on pension after a medical board found that owing to invalidity he was not fit to be employed in the State Service, the ten years of service last preceding retire• ment ;".
Denial of 76. (a) Section 15 shall be read as if paragraphs (2) to (4) had been benefit by replaced by the following paragraph : reason of offence. "(2) a person who was dismissed after five years of service by reason of ill-health and a person who was dismissed for any other reason after 10 years of service at the age of 40 years or over and who has not been denied a right to a be• nefit by a decision of the Inspector-General of Police.". (b) The Inspector-General of Police shall not give a decision as referred to in section 15 (2) unless the police officer has been dismissed by reason of an offence committed during the period of his service and — such offence being a felony and, in the circumstances of the case, involving ignominy — has been sentenced for it to imprisonment or — such offence not being a felony but constituting a grave viola• tion of his duties as a police officer — has been sentenced for it to imprisonment for a term of not less than three months by a Court of Discipline -established under section 18 of the Police Ordinance 1).
Denial of 77. Section 22 shall be read as if the words "under a decision of the gratuity by Court of Discipline" had been replaced by the words "as a result of reason of disciplinary disciplinary procedings" and as if the words "the Court" had been offence. replaced by the words "the Inspector-General of Police".
Pension under 78. (a) In this section — this Law in addition to' "pension under the Invalids Law" and "pension under the pension under Soldiers' Families Law" mean pensions as aforesaid due to a other Law. *) Laws of Palestine vol. II, cap. 112, p. 1145 (English Edition).
90 police officer or to his survivors, as the case may be, by virtue of the Police (Invalids and Fallen) Law, 5715—1955 x); "the maximum amount" has the same meaning as in section 30 (b). (b) Where a police officer has been dismissed from the Service by reason of invalidity, within the meaning of the Invalids Law, con• tracted in the service and the degree of which is 35 per cent or over, and such invalidity entitles him to a pension under the Invalids Law, he may, even if he has not completed five years of service, and not• withstanding the provisions of section 15 and 34, opt for one of the following: (1) a pension under section 20 (a), plus 25 per cent of the pension due to him under the Invalids Law; (2) a pension of an amount of 25 per cent of his determining salary, plus the whole of the pension due to him under the Inva• lids Law : Provided that the pension as aforesaid of a police officer whose degree of invalidity is 60 per cent or more shall not, together with the pension due to him under the Invalids Law, be less than 50 per cent of the amount of his determining salary. The exercise of the aforesaid option shall not derogate from the other rights of the police officer under the Invalids Law. (c) Where a police officer dies during the time of his service, and his survivors, by reason of his death, are entitled to a pension under the Soldiers' Families Law, such survivors shall, even if he had not completed five years of service, and notwithstanding the provisions of sections 26 and 34, be entitled to a pension as specified hereunder: (1) a widow, so long as she has not remarried, and orphans, so long as they are not self-supporting, shall be entitled to a pension as referred to in section 26; (2) so long as the widow or orphans are entitied to a pension un• der the Soldiers' Families Law, the amount of one half of that pension shall be deducted from the pension to which she or they is or are entitled under this section ; (3) where the aggregate amount of pension to which the survivors are entitled under this section, plus the pension due to them under the Soldiers' Families Law, exceeds 90 per cent of the amount of the determining salary of the deceased, the excess shall be deduct• ed from the pension to which they are entitled under this section ; (4) if a police officer's widow entitled to a pension under this section remarries, then, notwithstanding the provision of paragraph (2), the pension to which every orphan of that police officer is en- i) Sefer Ha-Chukkim of ;5.715, p. 74.;. ¿5/ vol. IX, p. 80. titled under this section shall, so long as the orphan is not self- supporting, be reduced by one third thereof or by half the amount of the pension under the Soldiers' Families Law, whichever is less. (d) In calculating, for the purposes of paragraph (3) of subsection (c), the pension under the Soldiers' Families Law, there shall not be taken into account — (1) in the case of a person entitled to a pension under section 9 (b) of that Law — the difference between that pension and the pension under section 9 (a) of that Law; (2) in the case of a person entitled to a pension under section 11 of that Law, the difference between that pension and the pension under section 10 of that Law which would have been due to that person; (3) an addition under section 14 (1) of that Law. (e) In any of the following cases, the survivors of a deceased police officer shall, instead of pensions at the rates prescribed by sub• section (c), be paid pensions at the rates prescribed by the officer-in- charge, having regard to the position of the survivors and to any agree• ment between them and subject to the provisions of subsection (f): (1) where the aggregate amount of the pensions due to the sur• vivors exceeds the maximum amount: (2) where the maximum amount, plus the pensions under the Soldiers' Families Law due by virtue of this section, exceeds 90 per cent of the determining salary of the deceased, and the amount of the excess has been deducted from the pensions in ac• cordance with this section; (3) where the deceased has left more than one widow, or orphans by several wives, or orphans not living in the same household; (f) The rate of pension prescribed by the officer-in-charge under subsection (e) for a particular survivor shall not exceed the rate of pension which would be due to that survivor but for the provisions of subsection (e), and the aggregate amount of pensions prescribed by the officer-in-charge as aforesaid shall not exceed the maximum amount or the aggregate amount of pensions which would be due to the sur• vivors but for the provisions of subsection (e), whichever is less. (g) A survivor shall be paid a pension under this section so long as he has not ceased to be entitled to a pension under the Soldiers' Families Law. (h) For the purposes of section 10 and 22 of the Soldiers' Fami• lies Law, a pension under this section shall not be regarded as in• come. (i) Where a person has converted his right to a pension in accord• ance with section 30 of the Soldiers' Families Law, he shall, for the purposes of his right to a pension under this section, be deemed to be entitled to a pension under the Soldiers' Families Law for a period bearing to one month the same proportion as the amount into which his right to a pension was converted bears to his monthly pension at the time of the conversion.
79. (a) In this section, "security service" means — Recognition of security (1) active service in the army of any of the Allied Powers, with• service. in the meaning of the Nazis and Nazi Collaborators (Punishment) Law, 5710—1950 1). during the period which began on the 17th Elul, 5699 (1st September, 1939) and ended on the 6th Tishri, 5707 (1st October, 1946); or (2) full-time service in the mobilised units of the Hagana Orga• nisation in Eretz Israel; or (3) active service in an organised unit which fought in Eretz Israel for Israel's independence. (b) Where a person was engaged for service in the Israel Police before the 11th Iyar, 5718 (1st May, 1958) and served therein, on duty recognised by the Inspector-General of Police as police duty, for at least five years, then four fifths of the period of his security service shall be added to the period of his service in the State Service, within the meaning of this Law, provided that he submitted an application for recognition of his security service, accompanied by written evi• dence, to the Inspector-General of Police, or a person appointed by him in that behalf, before the 29th Elul, 5725 (26th September, 1965).
80. (a) Section 94 (a) shall be read as if the closing passage follow• Removal of limi• tation imposed ing the words "notwithstanding the benefit rights clause" were re• for reasons of placed by the words "this Law shall apply to him and his survivors health or age. if he has attained the age of 55 after 10 years of service". (b) Engagement for service, within the meaning of section 94, does not include engagement as a temporary additional police officer. (c) Section 95 shall be read as if the expression "50 years of age" and "55 years of age" were respectively replaced by the expres• sions "45 years of age" and "50 years of age".
81. The provisions of sections 70 to 80 shall apply to every prison of• Applicability ficer with the following modifications and amendments : to prison officers. (1) Wherever the expression "police officer" occurs, the expres• sion "prison officer" shall be substituted therefor, and wherever the expression "temporary additional police officer" occurs, the expression "temporary additional prison officer" shall be substi• tuted therefor ;
!) Sefer Ha-Chukkim of 5710, p. 281 ; LSI vol. IV, p. 154.
93 (2) wherever the expression "the Police" or "the Israel Police" occurs, the expression "the Prison Service" shall be substituted therefor; (3) wherever the expression "the Inspector-General of Police" oc• curs, the expression "the Commissioner of Prisons" shall be sub• stituted therefor; (4) "where the expression "police duty" occurs, the expression "active duty as a prison officer" shall be substituted therefor; (5) wherever the expression "the Police (Invalids and Fallen) Law, 5715—1955" occurs, the expression "the Prison Service (In• valids and Fallen) Law, 5720—1960" x) shall be substituted there• for; (6) the latter part of section 76 (b), beginning immediately after the words "during the period of his service" shall read as fol• lows : "and such offence is a felony and, in the circumstances of the case, involves ignominy and he has been sentenced for it to imprisonment, or such offence, while not a felony, constitutes a grave violation of his duties as a prison officer.".
CHAPTER SIX: EMPLOYEES WHO HAVE PASSED INTO OR OUT OF THE SERVICE
Definitions. 82. In this Chapter — "public organisation" means an institution or organisation which the Government has approved as a public organisation within the meaning of this chapter because all or part of its activities are for the benefit of the public, and includes a part of such a body; "recognised institution" means an institution or organisation which the Government has approved as a recognised institution within the meaning of this chapter by reason that all or part of its func• tions have been taken over by the State, and includes a part of any such institution or organisation; "military service" means service within the meaning of the Inva• lids Law, but does not include part-time service, within the mean• ing of the Discharged Soldiers Law.
Provisions as to 83. (a) Where a person, after retiring from a recognised institution, employment at has passed into the State Service, then, subject to rules and conditions recognised institution. prescribed by regulations, his employment at that institution shall be regarded as service within the meaning of this Law, and the whole or part of the period of such employment shall be added to his period of employment in the State Service. (b) Subject to rules and conditions prescribed by regulations, where a person left his employment at a recognised institution and was subsequently re-employed by it or employed by another recog-
i) Sefer Ha-Chukkim of 5720, p. 37; LSI vol. XIV, p. 32.
94 nised institution, then, for the purposes of subsection (a), the period of his earlier employment shall be added to the period of his later em• ployment.
84. (a) Where a person retired from a recognised institution and pass• Provisions as ed into the State Service in circumstances entitling him to recognition to military service of per• of the period of his employment at the recognised •institution for the son passing from purposes of section 83, and between his retirement from the recognis• recognised ed institution and the commencement of his employment in the State institution into Service a break occurred as a result of military service, such part of State Service. the period of military service as preceded the 6th Iyar, 5708 (15th May, 1948) shall be regarded as a period of employment at the recognised institution, and the following provisions shall apply to the part of the period of military service from the 6th Iyar, 5708 (15th May, 1948) onwards:
(1) If the employee received a salary from the recognised institu• tion, the period in respect of which he received a salary shall be reckoned as a period of employment at the recognised institu• tion ; (2) if he did not receive a salary as aforesaid, the period shall be reckoned as service in the State Service. (b) Where a person retired from a recognised institution and passed into the State Service in circumstances entitling him to recogni• tion of the period of his employment at the recognised institution for the purposes of section 83, and after his so passing a break occurred in his service in the State Service as a result of military service, and the period of his employment at the recognised institution plus his service in the State Service prior to its interruption by military service was six months or more, then, for the purposes of this Law, the pe• riod of his said military service shall be treated as a period deemed to be service under section 12 of the Discharged Soldiers' Law. This pro• vision shall not apply to military service under an engagement for per• manent service, unless such service was preceded, without a break, by a period of military service otherwise than under an engagement as aforesaid and the period of permanent service, whether under one en• gagement or under several consecutive engagements, did not exceed two years.
85. (a) Where a person, after being in a service on behalf of the State Transfer from in a function to which this Law does not apply, proceeded to serve one kind of service to the State as an employee to whom this Law applies, then, subject to another. rules and conditions prescribed by regulations, his earlier service shall be regarded as service within the meaning of this Law, and the whole or part of the period of his earlier service shall be added to the period of his service as an employee, having regard to any payment received or right acquired by him in consequence of his retirement from the earlier service. In so far as the period of his earlier service has been added as aforesaid, his right to a pension otherwise than by virtue of this Law shall cease.
95 (b) Where a person was in a service on behalf of the State to which this Law does not apply (hereafter in this section: "earlier service"), and during his earlier service the Treasury made payments for him to a pension fund or provident fund (each hereafter in this section : "the fund"), and he subsequently proceeded, without a break, to serve the State as an employee in a service to which this Law applies, then, notwithstanding the provisions of subsecton (a) —
(1) if the Minister of Finance has entered into an agreement with the fund, either general or specific to that employee, under which the period of service of a person as aforesaid, including his earlier service, is to be taken into account, wholly or in part, for the pur• poses of all or part of his rights to benefits from the State under this Law or from the fund otherwise than under this Law, or part• ly from one and partly from the other, the provisions of that agreement, including payment and retroactivity, shall apply; (2) if the Minister of Finance has not entered into an agreement as specified in paragraph (1), the earlier service of the employee in which no break occurred shall be regarded as service under this Law, and the whole period of his said service shall be added to the period of his service as an employee to whom this Law applies, provided that all such rights of the employee in the fund as relate to the period of his earlier service have been transferred to the Treasury within the time prescribed by regulations; (3) section 3 shall apply mutatis mutandis with regard to a break of continuity between the service to which this Law does not apply and the service, to which this Law applies.and with regard also to a break of continuity, as referred to in paragraph (2), in the pe• riod of the earlier service. (c) The Minister of Finance shall not enter into a specific agree• ment under subsection (b) (1) save with the consent of the person to which the agreement relates. ... (d) An agreement under subsection (b) (1) shall, for the purposes of the rights of a person to whom the agreement applies and of his survivors, be deemed to be an agreement to which they, too, are par• ties, and their rights to benefits in respect of a period of service to which the agreement applies shall, notwithstanding anything contain• ed in this Law, be determined in accordance only with the agreement.
(e) Where a person proceeded to serve the State, in the circum• stances specified in subsection (b), before the 18th Tishri, 5728 (1st November, 1967), and an agreement as referred to in subsection (b) did not apply to him, then, notwithstanding the provisions of that sub• section, his earlier service shall be regarded as service for the purposes of this Law, and the whole period of his earlier service shall be added to the period of his service as an employee to whom this Law applies, all on conditions prescribed' by regulations, including payment and retroactivity.
96 86. (a) The Minister of Finance may enter into an agreement with a Agreement with public public organisation, either general or specific to a person named there• organisation. in, under which the whole or a part of the period of employment of a person passing from the employ of the organisation into the State Serv• ice, or vice versa, is to be taken into account for the purposes of rights to the whole or part of benefits from the State under this Law or from the organisation otherwise than under this Law or partly from the one and partly from the other, all on conditions, including payment and retroactivity, which the parties may see fit to lay down in the agreement.
(b) For the purposes of subsection (a), an agreement as aforesaid with a pension or provident fund with which the employees of the public organisation are connected or which serves the employees of the public organisation shall be deemed to be an agreement with the public organisation. (c) The Minister of Finance shall not enter into a specific agree• ment under this section save with the consent of the person to whom the agreement relates. (d) In this section — "period of employment" means a period of employment with a public organisation or a period of service in the State Service.
87. (a) An agreement under section 86 shall, for the purposes of the Rights of rights of the person to whom the agreement relates and of the rights employee under agreement with of his survivors, be deemed to be an agreement to which they, too, public organi• are parties, and the benefits due to any person under the agreement sation. from the Treasury shall be deemed to be benefits under this Law.
(b) Notwithstanding the provisions of subsection (a), where a per• son has left the State Service and passed into the employ of a public organisation, and such leaving is a ground for the payment of a benefit under this Law in respect of the service which he has left, he shall be entitled only to such benefit; however —
(1) if the employee notifies the officer-in-charge in writing, within the period prescribed in the general agreement, that he opts for his rights under that agreement, he shall be entitled only to such rights;
(2) if the Service Commissioner brings the agreement to the know• ledge of the employee in the manner prescribed by regulations, the employee shall be entitled only to his rights under the agreement unless he notifies the officer-in-charge, within the time and in the manner prescribed by regulations, that he opts for his rights un• der this Law and not under the agreement.
97 Conditions of 88. The Minister of Finance shall prescribe by regulations the condi• specific tions under which it shall be permitted to enter into a specific agree• agreement. ment under section 85 (b) or 86. Delegation of 89. The Minister of Finance may delegate any of his powers to enter powers. into a specific agreement under section 85 (b) or 86 or into an agree• ment under section 92.
Recommendation 90. A general agreement under section 85 (b) or 86 is subject to the by Service recommendation of the Service Commission and shall be published in
Commission. Reshumot
Conferment of 91. Where a person has passed from the employ of a public organisa• rights to benefit tion into the State Service and an agreement under section 86 does not otherwise than under an apply to such passing, the whole or part of the period of his employ• agreement with ment with the public organisation may be taken into account for the a public purpose of all or any of his or his survivors' rights under this Law, all organisation. according to conditions and rules, including payment and retroactivity, prescribed by regulations.
Agreement for 92. Where a person has passed from the State Service into the employ
payment of 0f a public organisation and an agreement under section 86 does not a to sucn ass passinnassfnai^ntoem-g into em• ° PPty P ing. the Minister of Finance may enter into an ploy of public agreement with him under which he or his survivors are to be paid organisation. benefits in respect of the whole or part of the period of his service in the State Service, all according to conditions and rules, including payments by the employee to the Treasury and retroactivity, prescribed by regulations.
Prohibition of 93. Notwithstanding the provisions of sections 86 to 92, a person double benefit. shall not be entitled to a benefit both from the State and from the public organisation in respect of the same period, but he shall have a right of option.
CHAPTER SEVEN: RESTRICTIONS ON ACCOUNT OF HEALTH, AGE OR INVALIDITY
Employee en• 94. (a) Where the Medical Board, or a physician in the State Service gaged with a appointed for that purpose by the Minister of Health, finds, at the time limiting stipulation of the engagement of an employee for service or subsequently, but not on account later than one year after his engagement for service, that on the date of his state of his engagement for service his state of health was impaired, and it of health. is therefore stipulated that his service shall not carry a right to bene• fits (such stipulation hereinafter referred to as a "benefit rights clause"), then, notwithstanding the benefit rights clause, this Law shall apply to him and to his survivors if he attains the age of 60 years after 10 years of service or the age of 55 years after 15 years of service. (b) For the purposes of this section, "engagement for service" does not include engagement under an employment authorisation in pursuance of section 38 of the Appointments Law.
98 (c) The finding of a medical board or a physician, under this section, that an employee's state of health is impaired may be general or may relate to a particular impairment or defect only. Where the finding relates to a particular impairment or defect only, the benefit rights clause shall relate only to the case of retirement by reason of that impairment or defect.
95. Where at the time of his engagement for service an employee is 50 Employee engaged with a years of age or over, it may be stipulated, at the time of such engage• reservation on ment, that his service shall not carry a right to benefits. However, account of age. where at the time of his engagement for service an employee is not yet 55 years of age, and he served for at least 10 years, this Law shall apply to him and his survivors notwithstanding the stipulation.
96. (a) Wherever in this Law reference is made to an invalid or in• Determination validity in relation to a person who is engaged for service, the only of invalidity. and conclusive proof of invalidity and of the degree thereof shall be the finding of a medical board, or of a physician in the State Service, at the time of, or within one year after, the engagement, within the meaning of section 94, of that person for service. (b) Wherever in this Law reference is made to an invalid or in• validity in relation to a person who retires from the Service, the only and conclusive proof of invalidity and of the degree thereof shall be the finding of a medical board, including the Medical Board of Objec• tions, immediately before or after that person's retirement.
97. A person who considers himself aggrived by a decision of a med• Objection before Medical ical board, other than a decision under section 94, may object to it Board of before the Medical Board of Objections on such conditions and in Objections. such manner as the Minister of Finance shall prescribe by regulations, and such regulations may, with the approval of the Labour Affairs Committee of the Knesset, lay down conditions under which the Medi• cal Board of Objections may require the objector to pay the costs of the objection.
98. Where the amount of a person's pension is determined by his de• Medical examination gree of invalidity, he or the officer-in-charge may request that he be of invalids. re-examined by the Medical Board for re-determination of his degree of invalidity if not less than six months have passed since the day on which his degree of invalidity was last determined.
99. For the removal of doubt it is hereby declared that the stipulation Restriction and that the service of a particular person shall not carry a right to bene• abrogation of fits may be restricted or abrogated by the person who made it and in stipulations. the same manner as it was made.
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 * ""'^ ~~ 22^3^010507.000 משרד המשפטים (התימה מוסדית). CHAPTER EIGHT: MISCELLANEOUS
Increase of 100. In respect of an employee employed under conditions of employ• period of ment defined by the Government as special conditions for the purposes service under certain of this section, or who entered the State Service after attaining the age conditions. of forty years, the Service Commissioner may, by notice published in Reshumot and on conditions prescribed by the Government, direct that for the purpose of determining all or any of his rights under this Law the whole or a part of his period of service shall be deemed Jo have been longer, by a period prescribed by the Government, than it actually was.
Provisions as 101. For the purposes of sections 43 and 44, a decision of the Service to decision Commissioner under this Law shall be treated like a decision of the Commissioner, officer-in-charge, and every reference in those sections to the officer-in- charge shall, in this connection, be deemed to be a reference to the Service Commissioner.
Delegation 102. (a) The officer-in-charge may, with the approval of the Minister
of powers. 0f Finance, delegate any of his powers under this Law, except his powers under sections 30 (a), 38 (b) (2), 44, 48, 49 (b), 50, 51, 60 (b), 61 and 62.
(b) The Service Commissioner may, with the approval of the Service Commission, delegate his powers under sections 10 (4) and 11 (4) and his powers under section 18 in respect of employees who have attained the age of 65.
Directions by 103• (a) Every rule, condition or other general direction which ac• Service Com• mission and cording to this Law is laid down by the Service Commissioner or the Service Commis• Service Commission shall be laid down after negotiations with the sioner to be Representation of State Employees and with the employees' organisa• issued after negotiations tion representing the largest number of employees in the State. with employees. (b) In the event of disagreement between the Service Commission or the Service Commissioner and the Representation of State Employ• ees as to a matter to which subsection (a) applies, the Representation of State Employees may bring the controversial question before a Me• diation Committee.
(c) The Mediation Committee shall consist of three members, to be appointed by the Minister of Labour. One member shall be appoint• ed oh the recommendation of the Service Commission, another on the recommendation of the Representation of State Employees, and the third member shall act as chairman. A State employee shall not be appointed as a member of the Mediation Committee.
100 104. Every rule, condition or other direction which according to Directions by this Law is laid down by the Government or the Minister of Finance, Government and Minister of whether by regulations or otherwise, shall be laid down upon the re• Finance to be commendation of the Service Commission ; and the duty to negotiate, issued upon the and the right to seek mediation, provided for in section 103 shall recommendation apply to the recommendation of any rule, condition or other general of the Service Commission direction. after negotia• tions with the employees.
105. (a) Wherever any Law provides that the conditions of employ• Benefits to employees of ment of the employees of a body corporate established under Law bodies shall be the same as the conditions of employment of State employ• corporate. ees, the authorities acting under this Law shall be competent to act also in respect of the employees of that body corporate, as if they were State employees: Provided that the Service Commissioner shall not decide upon the retirement on pension of an employee of a body corporate who has not attained the age of sixty-five save upon the re• commendation of the person competent to appoint the employees of the body corporate. (b) The benefits of the employees of the body corporate shall be paid out of the funds of the body corporate.
106. (a) A person who wilfully gives to a person who decides a mat- Penalties, ter of his rights under this Law false information as to that matter is liable to imprisonment for a term of six months or to a fine of 500 pounds. (b) A person who fraudulently, or knowingly by concealing mate• rial particulars, procures the grant or increase of a benefit, either for himself or for another person, is liable to imprisonment for a term of one year or to a fine of 1,000 pounds. (c) This section shall not affect the criminal responsibility of a person under any other enactment.
107. (a) The provisions of this Law shall not apply — Inapplicability. (1) to a State employee if the rights connected with his death or retirement on pension are laid down by another enactment; (2) to a State employee lawfully employed under an indi• vidual contract, if and as far as so provided in such con• tract ; (3) to an employee in any service, undertaking or institu• tion for the employees of which, immediately before the 20th Av, 5715 (8th August, 1955), the Treasury made pay• ments to a pension fund or provident fund, so long as the Government has not otherwise decided by decision pub• lished in Reshumot.
101 (b) The Government shall give a decision under paragraph (3) of subsection (a) after consultation with the Labour Affairs Committee of the Knesset. In respect of an employee to whom a decision under that paragraph applies, this Law shall apply upon the expiration of 30 days from the date of publication of the decision.
Non-applica• 108. Where the Government, under section 4 of the Appointments bility to Law, has designated any service, undertaking or unit to the employees certain units. of which, or to a class of employees of which, all or part of the provi• sions of the Appointments Law shall not apply, it may, after consulta• tion with the Labour Affairs Committee of the Knesset, by notice in Reshumot, prescribe that this Law, or any part thereof, shall not apply to those employees; but as long as it has not done so, those employees shall, for the purposes of this Law, be treated as State em• ployees in all respects.
Implementation 109. (a) The Minister of Finance is charged with the implementation
and regulations. 0f this Law and may make regulations as to any matter relating to such implementation, as well as to the following matters: (1) the method of capitalisation of pensions where such is required for the purposes of section 22 or 60; (2) the conditions on which the capitalisation of any other pension shall be permissible and the method of such capita• lisation, including the capitalisation of a pension which by virtue of section 46 (b) is not yet payable to the person en• titled ; (3) the rules and tests for the determination of a degree of invalidity by the Medical Board and the procedures for the submission of a request for re-determination of a degree of invalidity under section 98 ; (4) reports, declarations and certificates which the claimant or recipient of a benefit shall submit for the purpose of pre• venting excess payments or double payments; (5) the procedure for filing claims for benefits; (6) times for the doing of any act under this Law, including the filing of applications thereunder, in so far as such times are not prescribed by this Law. (b) Regulations under paragraph (2) of subsection (a) — (1) shall not authorise the capitalisation of more than 25 per cent of the pension ; (2) shall contain no provision by virtue of which, in calcu• lating under the opening passage of section 28 the pension of the survivors of the person entitled, the capitalisation of the retirement pension will lead to a reduction of the pen-
102 sion of the survivors: Provided that where the person en• titled capitalised part of his pension before the 19th Shevat, 5728 (18th February, 1968) and has since died, the pension which would have been due to him had he not died, as re• ferred to in section 28 (a), shall be the pension as reduced in consequence of the capitalisation ; (3) shall not enable the capitalisation of a pension which will become due to the person entitled after the lapse of ten years from the date of the capitalisation.
110. On conditions prescribed by the Government, a benefit may be Service prior paid by reason of the retirement of an employee even if he retired to coming into force of earlier before the 20th Av, 5715 (8th August, 1955); for the purpose of deter• version. mining any right whatsoever under this Law, every period of service prior to that date shall be taken into account.
111. This Consolidated Version shall come into force on the 28th Commencement. Tammuz, 5730 (1st August, 1970).
SHLOMO HILLEL Minister of Police Acting Minister of Justice
(No. 35)
PHARMACISTS ORDINANCE (AMENDMENT NO. 3) LAW, 5730—1970 *
1. In section 13 B of the Pharmacists Ordinance1) (hereinafter Amendment of referred to as "the Ordinance"), the words "but this provison shall section 13 B• not prevent the renewal of licences under section 14" shall be deleted.
Section 14 of the Ordinance shall be replaced by the following Replacement section of section 14. "Temporary 14. (a) Notwithstanding the condition set out in licence to section 13 (c), the Director may grant a temporary assistant pharmacist. licence to practise as an assistant pharmacist to a person who fulfils the other conditions set out in
* Passed by the Knesset on the 7th Nisan, 5730 (13th April, 1970) and published in Sefer Ha-Chukkim No. 594 of the 16th Nisan, 5730 (22nd April, 1970), p. 96 ; the Bill and an Explanatory Note were published in Hatza'ot Chok No. 853 of 5729, p. 356. l) Laws of Palestine vol. II, cap. 110, p. 1124 (English Edition) ; Sefer Ha- Chukkim of 5720, p. 3 — LSI vol. XIV, p. 5 ; Sefer Ha-Chukkim of 5?24, p. 104; LSI vol. XVIII, p. 99.
103 section 13 and who holds a permit of temporary residence in Israel, within the meaning of the Entry into Israel Law, 5712—19521). (b) A temporary licence shall be granted for a period not exceeding one year, but the Director may extend it from time to time for an additional period not exceeding one year: Provided that a licence shall not expire later than the permit of temporary resi• dence.".
Amendment of 3. The following shall be added at the end of section 20 A of the section 20 A. Ordinance : "for this purpose, a student at a university school of pharmacy under• going practical training at a pharmacy and approved as a trainee by the Director shall be deemed to be an assistant pharmacist.".
Amendment of 4. In section 46 of the Ordinance, the words "or of any regulation section 46. made thereunder" shall be inserted after the words "this Ordinance".
Replacement of 5. (a) Section 48 of the Ordinance shall be replaced by the follow• section 48. ing section: "Standard 48. (a) No medicines, vaccines or sera shall be sold prices. in pharmacies by retail save at standard prices fixed by the manufacturer or importer, as the case may be, in price-lists approved by the Minister of Health or a person empowered by him in that behalf. Every price-list shall indicate the number and date of the approval. b) The Minister of Health or a person empow• ered by him in that behalf may, at any time, cancel the approval of the price of an item in the price-list, and upon doing so, he shall notify the person to whom the approval was given or his successor. The cancellation shall come into force upon the ex• piration of thirty days from the date of notification as aforesaid unless the Minister or the person em• powered by him prescribes a later date for its com• ing into force. (c) The fixing in price-lists, approval, variation and cancellation of standard prices shall not require publication in Reshumot; but the person notified of the cancellation of an approval under subsection (b) shall within ten days from the date on which he is so notified bring the cancellation and the date of its coming into force to the knowledge of every respons-
!) Se fer Ha-Chukkim of 5712, p. 354 ; LSI vol. VI, p. 159.
104 ible pharmacist of a pharmacy in such manner as the Minister of Health or the person empowered by him may direct. (d) A responsible pharmacist of a pharmacy shall make available up-to-date price-lists of the me• dicines, vaccines and sera sold at the pharmacy for inspection by every person requesting the same. (e) The Minister of Health may prescribe by regulations classes of persons to whom medicines, vaccines and sera may be sold below standard prices, the reduction not to exceed a prescribed rate. (f) The Minister of Health may prescribe by regulations the mode of calculating standard prices for medicines specially prepared according to a pre• scription as referred to in section 23 and the amount or rate of the pharmacist's fee. (g) A person who contravenes any of the pro• visions of, or any regulation under, this section shall be liable to imprisonment for a term of six months or to a fine of 2,000 pounds. (h) In this section, "pharmacy" does not in• clude a pharmacy owned by a medical institution or by a hospital.". (b) This section shall come into force upon the expiration of three months from the date of publication of this Law in Reshumot.
GOLDA MEIR HAIM GVATI Prime Minister Minister of Health
SHNEUR ZALMAN SHAZAR President of the State (No. 36)
NATIONAL DEFENCE LOAN (AMENDMENT NO. 2) LAW, 5730—1970 *
Amendment of 1. In section 1 of the National Defence Loan, 5729—19691),
section 1. the expression "375 million pounds" shall be replaced by the ex• pression "475 million pounds".
GOLDA MEIR PINCHAS SAPIR Prime Minister Minister of Finance
SHNEUR ZALMAN SHAZAR President of the State
* Passed by the Knesset on the 18th Sivan, 5730 (22nd June, 1970) and published in Sefer Ha-Chukkim No. 595 of the 21st Sivan, 5730 (25th June, 1970), p. 100 ; the Bill and an Explanatory Note were published in Hatzdot Chok No. 881 of 5730, p. 146. i) Sefer Ha-Chukkim of 5729, p. 82 — LSI vol. XXIII, p. 89 ; Sefer Ha- Chukkim of 57350, p. 8 — supra, p. 9.
106 (No. 37)
PUBLIC HEALTH ORDINANCE (AMENDMENT NO. 4) LAW, 5730—1970*
1. In the Public Health Ordinance, 1940 '), the following part shall Addition of be inserted after Part V : Part V 1.
"Part V 1"
SANITARY QUALITY OF WATER
52A. In this part — Definitions. "sanitary quality" means biological, physical, chemical, radio• active and organoleptic properties; "drinking water" means water intended for drinking and the cooking of food, and in the food industry, water intended to enter into the composition of food or coming or likely to come into contact with any of the substances of which food consists ; "drinking water installation" means any installation or acces• sory used for the production, supply, transportation or con• sumption of drinking water; "supplier" means any person who supplies water to another; "health authority" means whoever has been appointed by the Minister of Health to be a health authority for the purposes of this part.
52B. (a) The Minister of Health may make regulations — Regulations concerning (1) prescribing the sanitary quality of drinking water either sanitary quality of generally or in respect of a particular place or use; water. (2) prescribing sanitary conditions for a water resource intend• ed to be used as a source of drinking water and for drinking water installations; (3) requiring, or granting power to require, owners of installa• tions for the production, supply, transportation or consumption of water from water resources unfit for drinking to put up, at
* Passed by the Knesset on the 18th Sivan, 5730 (22nd June, 1970), and published in Sefer Ha-Chukkim No. 596 of the 27th Sivan, 5730 (1st July, 1970), p. 102; the Bill and an Explanatory Note were published in Hatzdot Chok No. 809 of 5729, p. 84. i) P.G. of 1940, Suppl. I, No. 1065, p. 239 (English Edition); l.R. of 5709, . Suppl. I, No. 48 p. 169 — LSI vol. II, p. 109 ; Sefer Ha-Chukkim of 5722, p. 12 — LSI vol. XVI, p. 10 ; Sefer Ha-Chukkim of 5725, p. 275 — LSI vol. XIX, p. 295.
107 their expense, notices warning against the use of such water as drinking water; (4) concerning the sanitary aspect of the planning, establish• ment and operation of drinking water systems; (5) concerning the sanitary standard of drinking water installa• tions. (b) Regulations for the purposes of paragraph (5) of subsection (a) shall be made after consultation with the Minister of Agriculture.
Implementation 52C. (a) A supplier shall not supply drinking water other than of the of regulations. prescribed sanitary quality. (b) A person shall not maintain a drinking water installation not conforming with a regulation concerning its sanitary standard.
Powers of 52D. A person authorised for that purpose on behalf of the Minister entry and of Health may, at any reasonable time, enter any place where a water inspection. resource or drinking water installation — whether in use or not — is situated, take samples of water free of charge, in the quantities neces• sary for the examination of its sanitary quality and verify the sanitary standard of a drinking water installation : Provided that such person shall not without the occupier's permission enter premises used solely for residential purposes.
Duty to 52E. (a) Every supplier shall at his expense, at a laboratory recog• carry out nised for that purpose on behalf of the Minister of Health, carry out examinations. examinations of the sanitary quality of drinking water under such con• ditions, by such methods and with such frequency as have or has been prescribed by regulations and shall bring the results of the examina• tions to the knowledge of a health authority whenever required to do so. (b) The provisions of subsection (a) shall apply also to a local authority in respect of drinking water supplied by it: Provided that a local authority shall not be required to pay for examinations save with the consent of the Minister of the Interior. (c) The records relating to the carrying out and findings of the examinations shall, at any reasonable time, be available at the recog• nised laboratory for inspection by a health authority, a Government physician and any person empowered in that behalf by the Minister of Justice.
Declaration 52F. If a health authority finds that any drinking water is not of the of water as prescribed sanitary quality, it may declare such water to be unfit for unfit for drinking. use as drinking water, and upon being so declared, such water shall not be produced or supplied for use as drinking water: Provided that
108 the health authority may permit the production or supply of water de• clared unfit as aforesaid for any particular one of the uses of drinking water on condition that such measures are taken as he may direct to prevent a health hazard.
52G. (a) Where the water of a water resource or drinking water Compliance installation has been declared unfit as specified in section 52F, a health with directions authority may issue directions to the possessor thereof as to measures of health to be taken and operations to be carried out by him to prevent a authority. health hazard or make the water fit for use as drinking water. (b) If the possessor does not within a reasonable time comply with directions issued to him under subsection (a), the health authority may instruct an employee of the Ministry of Health to take the mea• sures or carry out the operations required and to collect the expenses involved from the owner of the water resource or drinking water instal• lation.
52H. Where a water resource or drinking water installation is in a Places in the place in the possession of the Israel Defence Forces, no person shall possession of the Israel be authorised or instructed to carry out an operation under this part Defence or any regulations made thereunder unless he is serving in the Medical Forces. Corps of the Israel Defence Forces or has been empowered in that behalf by the Minister of Defence.
521. (a) Wherever a direction of a healthy authority under this part Issue of affects a production licence issued by the Water Commissioner under directions 1 and carrying the Water Law, 5719—1959 ). or a direction issued by him under the out of said Law or any regulations made thereunder, with regard to the ope• operations rational regime of a water resource from a quantitative point of view, by Water the direction shall be issued to the supplier by the Water Commission• Commissioner. er at the request of the health authority. (b) If the supplier does not comply with the direction within the time specified therein, the Water Commissioner or a person em• powered by him in that behalf shall take the measures and carry out the operations required in order to ensure the implementation of the direction and shall collect the expenses involved from the supplier. (c) Where any operation is necessary to prevent immediate se• rious damage, a health authority shall carry it out and shall give notice thereof to the Water Commissioner.
52J. Where a health authority has declared any water to be unfit for Directions use as drinking water, the Water Commissioner may direct a change in of Water Commissioner the destination of such water and the supply of water from another concerning source instead. destination of water declared unfit for drinking.
!) Safer Ha-Chukkim of 5719, p. 166 ; LSI vol. XUI, p. 173.
10? Penalties. 52K. A person who contravenes any of the provisions of this part or any regulation made thereunder is liable to imprisonment for a term of six months or to a fine of 5,000 pounds and, in the case of a con• tinuing offence, to an additional fine of 100 pounds for every day that the offence continues.".
GOLDA MEIR HAIM GVATI Prime Minister Minister of Health
SHNEUR ZALMAN SHAZAR President of the State
(No. 38)
EMERGENCY REGULATIONS (EMERGENCY WORK VOLUNTEERS) (INSURANCE) (EXTENSION OF VALIDITY) LAW, 5730—1970 *
Extension of 1. The validity of the Emergency Regulations (Emergency Work validity. Volunteers) (Insurance), 5727—1967 x) (hereinafter referred to as "the Regulations") as amended by the Schedule, is hereby extended until the 18th Tammuz, 5732 (30th June, 1972).
Commencement. 2. This Law shall have effect from the 26th Sivan, 5730 (30th June, 1970).
SCHEDULE (Section 1)
Amendment of 1. In regulation 1 of the Regulations —
regulation 1. (!) m the definition of "volunteer work", the words "farm or public service" shall be replaced by the words "farm, public service or any service to the public" ;
* Passed by the Knesset on the 25th Sivan, 5730 (29th June, 1970), and published in Sefer Ha-Chukkim No. 597 of the 4th Tammuz, 5730 (8th July, 1970), p. 106 ; the Bill and an Explanatory Note were published in Hatzdot Chok No. 883 of 5730, p. 172. i) Kovetz Ha-Takkanot of 5727, p. 2607 ; Sefer Ha-Chukkim of 5728, p. 24 — LSI vol. XXII, p. 25 ; Sefer Ha-Chukkim of 5729, p. 34 — LSI vol. XXIII, p. 40.
110 (2) in the definition of "Insurance Law", the words "the Nation• al Insurance Law, 5714—1953" shall be replaced by the words "the National Insurance Law (Consolidated Version), 5728— 1968 1)".
2. In regulation 2 of the Regulations — Amendment of (1) In the opening passage, the words "For the purposes of Part regulation 2. Two of the Insurance Law" shall be replaced by the words "For the purposes of Part Three of the Insurance Law" ; (2) the expression "as referred to in section 16 (a) (2)" in para• graph (3) (a) shall be replaced by the expression "as referred to in section 31 (a) (3)".
3. In regulation 3 of the Regulations, the words "under Part Two Amendment of of the Insurance Law" shall be replaced by the words "under Part reg"13*10!*3• Three of the Insurance Law".
4. Regulation 6 of the Regulations shall be replaced by the follow• Replacement of ing regulations: regulation 6.
"Power of 6. The Labour Court, within the meaning of the Labour Court. Labour Courts Law, 5729—1969 2), shall have exclus• ive power to hear any claim for a benefit under these Regulations and any claim for the refund of a benefit paid erroneously or improperly, and section 231 of the Insurance Law shall apply mutatis mu• tandis ; for the purposes of these Regulations, sec• tion 231 of the Insurance Law shall be read as if the employer (ma'asik) were included in the list of par• ties appearing in that section.".
GOLDA MEIR YOSEF ALMOGI Prime Minister Minister of Labour
SHNEUR ZALMAN SHAZAR President of the State
*) Sefer Ha-Chukkim of 5728, p. 108 ; LSI vol. XXII, p. 114. 2) Sefer Ha-Chukkim of 5729, p. 70 ; LSI vol. XXIII, p. 76.
Ill (No. 39)
PENAL LAW (MODES OF PUNISHMENT) (CONSOLIDATED VERSION), 5730—1970 *
CONTENTS Sections Chapter One : General 1— 6 Chapter Two: Imprisonment 7• •17 Chapter Three : Conditional Imprisonment ... 18- -26 Chapter Four: Fines 27- •34 Chapter Five : Recognizance to Abstain from Offence 35 — 39 Chapter Six: Compensation and Costs ... 40 — 44 Chapter Seven: Detention in Closed Institution 45- •49 Chapter Eight: Miscellaneous ..: 50- -55
CHAPTER ONE: GENERAL
Penalties pre- 1. A court which has convicted a person of an offence may impose
scribed by law to on him any penalty not exceeding the penalty prescribed by law for .that offence ׳ ™S
Imprisonment 2. Where a Law prescribes imprisonment or a fine alternatively, the or fine. court may impose one or both of them.
inquiry. 3. (a) Where a person has been convicted, the court may, before passing sentence, request a written report from a probation officer on all of the following:
The text of this Consolidated Version was determined by the Constitution,. Legislation and Juridical Committee of the Knesset on the 11th Tammuz, 5730 (15th July, 1970) under section 16 of the Law and Administration Ordinance, 5708 — 1948. It was published in Sefer Ha-Chukkim No. 598 of the 16th Tammuz, 5730 (20th July, 1970), p. 109. References : Sefer Ha-Chukkim of 5714, p. 234 — LSI vol. VIII, p. 206 ; Sefer Ha-Chukkim of 5721, pp. 19 and 115 — LSI vol. XV, pp. 17 and 122 ; Sefer Ha-Chukkim of 5723, p. 80 — LSI voLXVO, p. 96 ; Sefer Ha-Chukkim of 5725, pp. 181 and 183 — LSI vol. XIX, pp. 186 and 188 ; Sefer Ha-Chukkim of 5730, pp. 16 and 25 — supra, pp. 15 and 23.
112 (1) the past of the accused ; (2) the family situation of the accused, with as complete de• tails as possible regarding his parents, spouse, children, broth• ers and sisters; (3) the economic position of the accused; (4) the state of health of the accused and of the members of his family; (5) special personal circumstances, if any, which led him to crime.
(b) In a report as aforesaid, the probation officer may recom• mend to the court the type of penalty which, in his opinion, offers a prospect of reforming the accused. (c) Where after receiving the report, the court imposes a penalty of imprisonment, a copy of the report shall be sent to the Commis• sioner of Prisons to serve him as material for planning the treatment of the prisoner. (d) The contention that the report submitted to the court has not been drawn up in accordance with the provisions of this section shall not be a ground of appeal.
4. (a) The court shall not impose a penalty of imprisonment, other Report than conditional imprisonment, except after receiving a report under mandatory• section 3. (b) The Minister of Justice may from time to time, by declara• tion published in Reshumot, restrict the applicability of subsection (a) according to kinds of courts, offences or the age of the accused per• sons or in any other way.
5. (a) Where a person convicted of a particular offence requests Other offences the court to take into consideration other offences which he admits admitted by the having committed, the court may, after giving the prosecutor an oppor• accused. tunity to make submissions, convict and sentence the accused, or place him under probation, for every one of the other offences.
(b) The court shall not exercise its power under this section save in respect of offences which are within its material jurisdiction and which it is competent to try in its existing composition : Pro• vided that a District Court may do so also in respect of misdemeanours and contraventions. (c) Where a person is convicted under this section notwithstand• ing the opposition of the prosecutor, the prosecutor may appeal against the conviction. (d) Where the court has exercised its power under this section and, in an appeal against its judgment, the conviction in respect of the offence with which the accused had been charged is quashed, the con-
113 viction and sentence in respect of the other offences shall not be af fected thereby. (e) In this section, "other offences" means offences irrespective of whether or not an information has been filed in respect thereof, so long as the particulars of the offences are indicated to the extent neces sary for the identification thereof.
Offences for 6. Where an offence was created by any Law before the 19th Elul, Denltv9 5714 (17th SePtember> 1954), but no penalty has been prescribed for ־ prescribed. il» court may
(1) where the offence is a misdemeanour — impose imprison ment for a term not exceeding three years or a fine not exceed ing 5,000 pounds or both such penalties; (2) where the offence is not stated to be a misdemeanour — im pose imprisonment for a term not exceeding seven days or a fine not exceeding one hundred pounds or both such penalties.
CHAPTER TWO: IMPRISONMENT
Imprisonment 7. Where ah offence is punishable by imprisonment for life, and for life. such penalty is not designated as mandatory, the term of imprison ment imposed by the court shall not exceed twenty years.
Indeterminate 8. Where an offence is punishable by imprisonment and no term imprisonment. of imprisonment is fixed, the term of imprisonment imposed by the court shall not exceed one year.
Calculation 9. Where a person has been sentenced to imprisonment, the term of term of of imprisonment shall, unless the court otherwise directs, be calculated imprisonment. from the date of the sentence; where the sentenced person has been released on bail after sentence, the period of release shall not be reckoned as part of the term of imprisonment.
Postponed 10. Where the court has imposed a penalty of imprisonment, it may imprisonment. order such penalty to commence on the date prescribed by it.
Concurrent 11. (a) Where a person is sentenced in one trial to terms of impris imprisonment. onment in respect of different offences, and the court does not direct that he shall undergo all or part of them consecutively, he shall only undergo the longest term. (b) Where a person has been sentenced to imprisonment and, before he has fully undergone his term he is again sentenced to impris onment, and the court which last sentences him does not direct that he shall undergo all or part of the terms of imprisonment consecuti vely, he shall only undergo one term, being the longest term.
114 (c) Where a person is sentenced to two or more terms of impris onment of which one is partly concurrent with the other, he shall, after undergoing the one, undergo only the remainder of the other that is not concurrent.
Sequence of ־Subject to the provisions of section 24, a person sentenced to dif .12 ferent terms of imprisonment, to be undergone consecutively, shall "J^f"!'118 first undergo the shorter term, except for a term which he had already imprisonment, begun to undergo when he was sentenced to a further term.
13. (a) A person on whom civil imprisonment has been imposed Sequence of shall undergo it in addition to any other term of imprisonment to be "P;"801118 undergone by him, whether the other imprisonment is criminal or civil imprisonment, imprisonment. (b) A person on whom civil imprisonment and criminal impris onment have been imposed shall undergo the civil imprisonment first. Where civil imprisonment is imposed on a person while undergoing criminal imprisonment, the criminal imprisonment shall be interrupted for the purpose of undergoing the civil imprisonment and shall con tinue when the civil imprisonment ends. (c) A person on whom two or more terms of civil imprison ment have been imposed on the same ground shall undergo them con secutively in the order in which they were imposed. Terms of civil imprisonment imposed on different grounds shall be undergone consec utively in the following order : (1) imprisonment to compel compliance with a court order or to compel proper conduct in court; (2) imprisonment to compel payment of a maintenance debt; (3) imprisonment to compel payment of any other civil debt; (4) imprisonment to compel the giving of a get (letter of divorce) or the giving of halitza (release from levirate obli gation) ; (5) imprisonment on any other ground. (d) In this section — "criminal imprisonment" means imprisonment imposed in criminal proceedings as punishment for an offence and in cludes imprisonment for non-payment of a fine imposed as aforesaid ; "civil imprisonment" means imprisonment other than crimi nal imprisonment; "court" includes a tribunal and a commission of inquiry.
115 Imprisonment 14. (a) A prisoner shall be required to work in accordance with the with labour. Prisons Ordinance, 19461). and the regulations made thereunder; those regulations shall contain provisions as to wages and as to the terms of the employment of a prisoner outside the precincts of the prison. (b) The Parole Board may grant exemption from, or restrict, the obligation to work if one of the following grounds appears to it to exist: (1) the prisoner's state of health so requires ; (2) the exemption or restriction will, in its opinion, be con• ducive to his reform; (3) any other reasonable ground. (c) A prisoner shall not be employed in work outside the institu• tions of the State except with his consent and on the customary terms of employment. Release of 15. (a) Where a person has been sentenced to imprisonment for a prisoners term exceeding three months but not exceeding six months and has before the appointed time. undergone two thirds of such term, the Minister of Police may release him if it appears to him that the prisoner deserves to be released. (b) Where a person has been sentenced to imprisonment for a term exceeding six months and has undergone two thirds of such term, the Minister of Police shall release him if the Parole Board so re• commends. (c) A person who has been sentenced to several terms of im• prisonment to be undergone consecutively, whether or not they were all imposed before he began to undergo any of them, shall, for the purposes of this section, be deemed to have been sentenced to one term of imprisonment, being the aggregate of all those terms. (d) Upon the recommendation of the Parole Board, the Minister of Police may at any time order the release of a prisoner on special grounds, such as permanent ill-health. (e) The powers under section 71 of the Prisons Ordinance, 1946, shall vest in the Parole Board alone. (f) For the purposes of this section, "imprisonment" does not include civil imprisonment.
Parole Board. 16. (a) A Parole Board shall consist of three members, namely : (1) a district court judge appointed by the Minister of Jus• tice who shall act as chairman ; (2) the Commissioner of Prisons or his representative; (3) a physician or educator appointed by the Minister of Justice. (b) Notice of appointments to the Parole Board shall be pub• lished in Reshumot.
J) P.G. of 1946, Suppl. I, No. 1472, p. 9 (English Edition).
116 17. (a) A Parole Board which does not include a physician shall ob• Procedure of tain a medical opinion before giving its decision. Parole Board. (b) A Parole Board shall not recommend the release of a pris• oner under section 15 (b) until it has given the Attorney-General or his representative, and a representative of the Probation Service, an opportunity to submit their arguments or to be heard. (c) A Parole Board shall not recommend that a prisoner to whom the provision of section 15 (b) applies be not released from imprisonment, until it has given the prisoner and, if he so wishes, his representative an opportunity to be heard. (d) A recommendation under section 15 (d) may, in urgent cases, be given by the chairman of the Board ; a recommendation so given shall be valid for the release of the prisoner for a period of fif• teen days only, unless it is confirmed by the Parole Board before the expiration of that period. (e) The Minister of Police shall prescribe by regulations other rules of procedure of the Parole Board and the procedure for applying to it.
CHAPTER THREE: CONDITIONAL IMPRISONMENT
18. (a) Where the court imposes a penalty of imprisonment, it may, Conditional in the sentence, direct that the whole or a part of such penalty shall be imprisonment, conditional. (b) A person sentenced to conditional imprisonment shall not undergo his penalty unless, within a period prescribed in the sentence but not less than one year and not more than three years (hereinafter referred to as the "period of suspension"), he commits one of the offences designated in the sentence (hereinafter referred to as a "further offence") and is convicted of such offence either within or after the period of suspension. (c) Unless the court otherwise directs, the period of suspension shall begin on the date of the sentence or where, at that time, the sentenced person is undergoing a penalty of imprisonment, on the date of his release from imprisonment. (d) Offences as referred to in subsection (b) may be designated by stating a class of offences, or by specifying particular offences, either by way of description or by way of reference to provisions of Law. Where a provision of Law referred to is subsequently repealed and replaced by another provision, the sentence shall be deemed to refer to the other provision.
19. Where the court imposes conditional imprisonment, it may make Probation a probation order, within the meaning of the Probation Ordinance (New durin8 period Version), 5729—1969 1). for the whole or part of the period of sus- ot susPenslon
!) Dinel Medinat Ytsrael (Nusach Chadash) No. 14, p. 312.
117 pension, and the provisions of that Ordinance shall, subject to the provisions of this Law and mutatis mutandis, apply to the probation order.
Imprisonment 20. Where the court imposes a penalty of imprisonment for a in respect of further offence it shall not direct that the whole of such penalty shall further offence. be conditional.
Activation of 21. (a) Where a person sentenced to conditional imprisonment is conditional subsequently convicted of a further offence, the court shall order the imprisonment. activation of the conditional imprisonment. (b) In an order under subsection (a), the court may direct that the activation of the conditional imprisonment shall be subject to the outcome of an appeal against the conviction for the further offence. (c) An order under this section shall be made by the court which convicted the sentenced person of the further offence, and it may be made by any judge of that court.
Extension 22. (a) The court which has convicted an accused person of a furth of period er offence and has not imposed imprisonment for that offence may, of suspension. notwithstanding the provisions of section 21, instead of ordering the activation of the conditional imprisonment, order, for reasons which shall be recorded, an extension of the period of suspension for an additional period not exceeding two years if it is satisfied that in the circumstances of the case it would not be just to activate the con ditional imprisonment. (b) The court shall not exercise its power under this section save in respect of the first conviction of the accused for a further offence.
Conditional 23. For the purposes of sections 20 to 22, conditional imprisonment imprisonment imposed by a court-martial, within the meaning of the Military Justice imposed by 1 court-martial. Law, 5715—1955 ). shall be deemed to be imprisonment imposed by a (civil) court unless the court which convicts of the further offence considers that the offence for which the court-martial imposed condi tional imprisonment was a military offence within the meaning of that Law.
Consecutive 24. Where imprisonment has been imposed for a further offence and terms of the conditional imprisonment has been activated, then, notwithstand imprisonment. ing anything provided in section 11, the sentenced person shall under go the two terms consecutively unless the court which has convicted him of the further offence orders, for reasons which shall be recorded, that the whole or part of the two terms shall run concurrently.
Commencement 25. Where a conditional sentence is activated, the sentenced person of undergoing shall begin to undergo it on the day on which the order activating it activated sentence. is made unless the court orders that he shall begin to undergo it on ־ .another day Sefer Ha-Chukkim of 5715 ; LSI vol. IX, p. 184.
118 26. (a) An order under section 21, 22, 23, 24, or 25 shall be appeal- Appeal, able. (b) Where an appeal against the order is not filed under this section, it may be included in an appeal against the conviction for the further offence.
CHAPTER FOUR: FINES
27. Where an offence is punishable by a fine, and no amount of fine indeterminate is fixed, the fine imposed by the court shall not exceed 5,000 pounds. fine•
28. Where imprisonment is prescribed by any Law and a fine is not Imprisonment prescribed the court may — without a fine.
(1) where imprisonment for a term not exceeding seven days is prescribed — impose imprisonment for a term not exceeding seven days or a fine not exceeding 100 pounds or both such penalties; (2) where imprisonment for a term not exceeding one year is prescribed — impose imprisonment as prescribed or a fine not exceeding 2,000 pounds or both such penalties; (3) in every other case — impose imprisonment as prescribed or a fine not exceeding 5,000 pounds or both such penalties. Provided that where a Law prescribes mandatory imprisonment or a minimum term of imprisonment, imprisonment shall not be replaced by a fine.
29. (a) In respect of an offence through which the accused intended Fine according to amount to cause monetary damage to another person or to obtain any benefit of damage for himself, or for another person, the court may impose a fine of an or benefit. amount treble the amount of the damage caused, or the benefit ob• tained, through the offence or a fine of the amount prescribed by any enactment, whichever is the greater amount. (b) Where a person convicted of an offence has received some• thing as remuneration for committing it or as a means for committing it, the Court may impose a fine of an amount treble the amount of the remuneration, or the fine prescribed by any enactment, whichever is the greater amount. (c) In prescribing the amount of a fine under this section, the court may have regard, inter alia, to the effect the payment of the fine will have on the ability of the accused to compensate the injured party for the damage caused to him through the offence.
30. (a) Where a fine of a determinate amount is prescribed for an Determinate offence by a Law enacted after the establishment of the State and be• fine in old fore the 14th Tevet, 5713 (1st January, 1953), the fine imposed by the enactments. court may be five times the prescribed amount: Provided that it shall not thereby exceed 5,000 pounds.
119 (b) Where a fine of a determinate amount is prescribed for an offence by a Law, which existed in Eretz Israel immediately before the establishment of the State, and the provision concerning the fine is still in force, the fine imposed by the court may be fifteen times the prescribed amount: Provided that it shall not thereby exceed 5,000 pounds.
(c) Where an offence as referred to in subsection (a) and (b) was committed by a body corporate, the court may impose a fine as provided therein even if the fine thereby exceeds 5,000 pounds: Pro• vided that it shall not thereby exceed 10,000 pounds.
Saving of 31. The provisions of sections 27 and 30 shall not derogate from the higher fines. provisions of any enactment empowering the court to impose fines of amounts exceeding 5,000 pounds or 10,000 pounds, as the case may be.
Time for pay• 32. A fine imposed shall be paid immediately: Provided that the ment of fine. court may order that the fine shall be paid within such period and on such conditions as it may prescribe.
Collection 33. Where a fine has not been paid in time, the provisions of the of fines. Taxes (Collection) Ordinance1), except section 12 thereof, shall apply as if it were a tax within the meaning of that Ordinance.
Imprisonment 34. (a) The court which sentences a person to a fine may impose on in lieu of him imprisonment for a term not exceeding one year in case the whole a fine. or part of the fine is not paid in time; where imprisonment as afore• said has not been imposed, the court may, on the application of the Attorney-General or his representative submitted after the fine has not been paid in time, impose it by special order; the provisions of Chapter Three shall not apply to imprisonment under this section.
(b) Where imprisonment has been imposed under subsection (a), and part of the fine is paid before the expiration of the term of im• prisonment, the term shall be reduced according to the proportion be• tween the amount paid and the whole fine, and for the purposes of section 15, only the period of imprisonment actually to be undergone shall be taken into account.
(c) Where imprisonment for non-payment of a fine has been im• posed on any person, then, unless the court otherwise directs, he shall undergo it in addition to any other imprisonment, including imprison• ment for non-payment of another fine, whether the other imprison• ment was imposed in the same or in other proceedings.
J) Laws of Palestine vol. II, cap 137, p. 1399 (English Edition).
120 CHAPTER FIVE: RECOGNIZANCE TO ABSTAIN FROM OFFENCE
35. The court which has convicted a person may, in addition to the Recognizance penalty imposed, order him to bind himself by recognizance to abstain by sentenced person to from an offence for such period not exceeding three years as the abstain from court may prescribe ; the recognizance shall be for an amount not ex• offence. ceeding the amount of the fine that may be imposed for the offence of which the sentenced person has been convicted and may be with or without sureties, all as the court may order.
36. Where the court apprehends a disturbance of the peace by an Recognizance accused person who has not been convicted or by a complainant who by others to abstain has pleaded or testified at a trial, it may order such accused person or from offence. complainant to bind himself by recognizance to abstain, for a period not exceeding one year prescribed by the court, from any offence in• volving violence; the recognizance shall be for an amount prescribed by the court, but shall not exceed the amount of the fine that may be imposed for the offence to abstain from which the recognizance is made.
37. Where the court has, under section 35 or 36, made an order for Imprisonment recognizance to abstain from an offence, it may enforce compliance for failure to furnish with the order by imposing imprisonment for a period not exceeding recognizance. three months.
38. An order under section 35, 36 or 37 is appealable as if it were Appeal, a sentence of imprisonment for a term of three months.
39. (a) Where a person is convicted of an offence from which he Collection of had bound himself under section 35 to abstain, and he does not pay amounts of recognizance. the amount of the recognizance, such amount shall, for the purposes of imprisonment in lieu of payment, be deemed to be a fine imposed by the court which ordered the recognizance; where there are sureties for the recognizance, any amount not paid by the convicted person shall be collected from them as if it were a debt due to the State under a judgment of a civil court. (b) Where a person is convicted of an offence from which he has bound himself under section 26 to abstain, the court may, on the application of the Attorney-General or his representative, require him to pay the amount of the recognizance or part thereof, and the provi• sions of sections 32 and 33 shall apply.
CHAPTER SIX: COMPENSATION AND COSTS
40. Where a person has been convicted, the court may, in respect of Compensation, each of the offences of which he has been convicted, require him to pay to a person who sustained damage through the offence an amount not exceeding 1,500 pounds as compensation for the damage or suf• fering caused to him.
121 Requirement 41. A requirement to pay compensation under section 40 shall, for to pay the purposes of an appeal against it by the accused and for the pur• compensation to have the poses of the collection of the amount awarded, have the effect of a effect of judgment of the same court in a civil action by the creditor against the judgment. debtor; and an appeal against the requirement may be included in an appeal against the conviction which led to the requirement.
Costs of 42. Where a person has been convicted, the court may require him to proceedings. pay the costs of the proceedings, including witnesses' expenses, to an amount prescribed by it; for the purpose of an appeal and for the purposes of sections 32 to 34, the costs of the proceedings which a person has been required to pay under this section shall be deemed to be a fine.
Costs of 43. Where proceedings have been instituted otherwise than by pri• defence to be vate complaint, and it appears to the court that there was no ground paid by Treasury. for prosecution, the court may order that the Treasury pay to the de• fendant the costs of his defence to an amount prescribed by the court. In proceedings conducted by a private complainant, the court may order payment as aforesaid by the private complainant.
Costs of 44. (a) Where the court has acquitted the accused after finding that defence to be the complaint which gave rise to the proceedings was made frivol• paid by complainant. ously, vexatiously or groundlessly, it may, after giving the complain• ant a reasonable opportunity to make submissions, require him to pay the costs of the defence of the accused and the costs of the public prosecution, as the court may prescribe. (b) For the purposes of an appeal against a requirement under subsection (a), the complainant shall have the status of an accused person who has been convicted, and for the purposes of the collection of costs, the requirement to pay them shall have the effect of a judg• ment given by the same court, in a civil action, against the complainant in favour of the person acquitted.
CHAPTER SEVEN: DETENTION IN CLOSED INSTITUTION
Detention 45. (a) Where a person has been sentenced to imprisonment, other order- than conditional imprisonment, for a term of six months or more, and the court is satisfied, after hearing the opinion of a psychiatrist, that the accused is addicted to dangerous drugs, within the meaning of the Dangerous Drugs Ordinance, 19361). and that there is reason to be• lieve that he committed the offence for which he has been sentenced in consequence of that addiction, and that the said addiction may lead him to commit further offences, the court may, in its sentence, order that he be detained in a closed institution to be cured of that addic• tion.
J) P.G. of 1936, Suppl. I, No. 577, p. 132 (English Edition).
122 (b) An order under this section (hereinafter referred to as a "detention order") shall not be made unless an institution approved by the Minister of Health, for the purposes of this section, as suitable for curative treatment has intimated that it can accommodate the sen• tenced person for the purposes of such treatment. (c) The Minister of Health may, with the consent of the Min• ister of Police, approve a psychiatric ward in a prison as a suitable institution within the meaning of this section.
46. (a) A detention order shall not be made for a period ex- Period of ceeding three years or exceeding the term of imprisonment which the detention, sentenced person has to undergo, whichever is the longer period. (b) The period of detention of a person in respect of whom a detention order has been made (hereinafter referred to as "the pa• tient") shall be deducted from the term of imprisonment which he has to undergo unless the court directs that the whole or part of that pe• riod shall not be deducted; where the court so directs, it shall, after hearing the opinion of a psychiatrist, determine the sequence of the detention and the imprisonment.
47. (a) The Minister of Justice shall appoint a board of three per- Releases and sons (hereinafter referred to as "the Board"), of whom one — who leave• shall act as chairman of the Board — shall be a District Court Judge and at least one shall be a psychiatrist. (b) Where the Board is satisfied that a patient is no longer in need of treatment in a closed institution or is incurable, it may direct his release from the closed institution at any time prior to the expira• tion of the period of the order. The Board also may, for such reason as commends itself to it from the point of view of the cure or re• habilitation of the patient, direct that he be released for such time or on such conditions as it may think fit. (c) The person in charge of the closed institution or a person empowered by him in that behalf may, on such conditions as he may deem right or unconditionally, grant the patient special leave for a period not exceeding four days. (d) Without prejudice to the provisions of subsection (b), the Attorney-General or his representative shall, once every six months, bring the case of the patient before the court which made the deten• tion order, and the court may rescind the order if it is satisfied that there is no justification for the continued detention of the patient in a closed institution. (e) Release from a closed institution under subsection (b), (c) or (d) shall not relieve the patient of liability to the penalty of imprison• ment which he still has to undergo at the time.
48. A patient who leaves the closed institution without permission Penalties, lawfully given him, and a person who aids a patient to leave as afore• said, shall be liable to imprisonment for a term of one year.
123 Regulations. 49. The Minister of Health may, in consultation with the Minister of Police, make regulations as to the conditions of detention and modes of treatment of patients. Subject to such regulations, a detention order shall be authority for — (1) the Police to transfer the patient to the institution ; (2) the person in charge of the closed institution to detain the patient thereat ; (3) the physician in charge of the treatment of the patient to take the requisite therapeutic measures.
CHAPTER EIGHT: MISCELLANEOUS
Postponement 50. (a) Where a date for the carrying out of a penalty is prescribed of dates. by any provision of this Law or by the court under any such provision, the court may postpone the carrying out to another date. (b) Where the carrying out of a penalty has been postponed under subsection (a), the court may again postpone it for special reasons which shall be recorded. (c) A court which postpones the carrying out of a penalty under this section may make the postponement conditional upon the giving of security and upon such other conditions as it may think fit. The provisions of sections 38 to 40 and 44 of the Criminal Procedure Law, 5725—19651),shall apply mutatis mutandis to security given under this provision. (d) A decision of the court under this Law shall be appealable.
Saving of civil 51. Neither an acquittal in a criminal proceeding nor the imposition liability. of a penalty or a requirement to pay compensation under section 40 shall relieve from liability for damage under any other law.
Saving 52. The provisions of this Law shall not apply to a person charged of rights. or convicted or imprisoned before the 19th Elul, 5713 (17th September, 1954), save in so far as in the opinion of the court or the Parole Board, they are likely to be of benefit to him or to alleviate his position.
Application. 53. The provisions of this Law apply to offences under any law.
Implementation 54. The Minister of Justice is charged with the implementation of and , . this Law and may make regulations as to any matter relating to such regulations. implementation.
Commencement. 55. This version shall come into force on the 30th Av, 5730 (1st September, 1970).
YAAKOV S. SHAPIRO Minister of Justice
>) Sefer Ha-Chukkim of 5725, p. 161 ; LSI vol. XIX, p. 158.
124 (No.40)
STATE SERVICE (BENEFITS) (AMENDMENT NO. 10) LAW, 5730—1970 *
1. (a) In section 28 of the State Service (Benefits) Law, 5715— Amendment of 1955J) (hereinafter referred to as "the existing Law") subsection (a) Sectlon 28- shall be replaced by the following subsection :
"(a) Where a person entitled to a pension, other than a widow entitled to a survivor's pension, receives also a salary from the Treasury or from any other fund designated by the Government as a public fund within the meaning of this section (hereinafter : "the present salary"), the following provisions shall apply : (1) a person entitled to a retirement pension whose present salary is less than the determining salary according to which the pension is to be calculated shall be paid a pen• sion equal to the difference between his present salary and the determining salary, provided that such pension shall not exceed the pension which would be due to him but for the provisions of this section; where the present salary exceeds the determining salary, no pension shall be paid ; (2) a person entitled to a survivor's pension whose present salary is less than half the determining salary according to which the pension is to be calculated, shall be paid a pension equal to the difference between his present salary and half the determining salary, provided that such pen• sion shall not exceed the pension which would be due to him but for the provisions of this section ; where the pres• ent salary exceeds the said half, no pension shall be paid". (b) This section shall have effect from the 26th Iyar, 5730 (1st June, 1970).
2. Section 35 (a) of the State Service (Benefits) Law (Consolidated Consolidated Version), 5730—1970 2), shall read like section 28 (a) of the existing Version• Law, as amended. GOLDA MEIR PINCHAS SAPIR Prime Minister Minister of Finance
SHNEUR ZALMAN SHAZAR President of the State
* Passed by the Knesset on the 9th Tammuz, 5730 (13th July, 1970) and published in Sefer Ha-Chukkim No. 599 of the 18th Tammuz, 5730 (22nd July, 1970), p. 120; the Bill and an Explanatory Note were published in Hatza'ot Chok No. 849 of 5729, p. 338. !) Sefer Ha-Chukkim of 5714, p. 135 ; LSI vol. IX, p. 149. 2) Sefer Ha-Chukkim of 5730, p. 65 ; supra, p. 57.
125 (No. 41)
DISCHARGED SOLDIERS (REINSTATEMENT IN EMPLOYMENT) (AMENDMENT NO. 4) LAW, 5730—1970 *
Amendment of 1. In section 40 of the Discharged Soldiers (Reinstatement in Em- section40. . payment Law, 5709—1949 1). the following subsection shall be in• serted after subsection (b):
"(bl) (1) In this subsection, "soldier" means a person who is serving or has served in the Defence Army of Israel, the Police or the Prison Service and a person who before the 6th Iyar, 5708 (15th May, 1948) served in military service in respect of which a declaration under section 1 (a) (2) has been made. Section 1 (c) shall not apply for the purposes of this subsection. (2) The Minister of Labour may, in consultation with the Minister of Finance and with the approval of the Finance Committee of the Knesset, make regulations aimed at making grants to soldiers or to members of their families, or to a par• ticular class of the same, in such manner, on such conditions and at such rates as he shall prescribe having regard to their economic and family situation. (3) The Minister of Labour shall empower the National In• surance Institute or some other body corporate approved in that behalf by the Finance Committee of the Knesset to effect grants as referred to in paragraph (2).".
Commencement. 2. This Law shall have effect from the 27th Sivan, 5730 (1st July, 1970).
GOLDA MEIR MOSHE DAYAN Prime Minister Minister of Defence
SHNEUR ZALMAN SHAZAR President of the State
* Passed by the Knesset on the 10th Tammuz, 5730 (14th July, 1970) and published in Sefer Ha-Chukkim No. 599 of the 18th Tammuz, 5730 (22nd July, 1970), p. 121 ; the Bill and an Explanatory Note were published in Hatza'ot Chok No. 885 of 5730, p. 178. i) Sefer Ha-Chukkim of 5709, p. 13 — LSI vol. Ill, p. 10; Sefer Ha-Chukkim of 5711, p. 58 — LSI vol. V, p. 49 ; Sefer Ha-Chukkim of 5714, p. 224 — LSI vol. VIII, p. 197 ; Sefer Ha-Chukkim of 5729, p. 76 — LSI vol. XXIII, p. 84.
126 (No. 42)
CIVIL WRONGS ORDINANCE (AMENDMENT NO. 4) LAW, 5730—1970 *
1. In the Civil Wrongs Ordinance (New Version)1), section 37 shall Replacement be replaced by the following sections : andTddition of section 37A.
"Duty of 37. The duty under sections 35 and 36 of the owner owner of or occupier of any immovable property in respect of immovable property the condition, maintenance or repair thereof shall towards not obtain towards a person who entered the property trespasser. as a trespasser unless the plaintiff proves that he entered in good faith and without intent to commit an offence or a civil wrong.
Duty towards 37A. (a) The duty under sections 35 and 36 in trespasser respect of the condition, maintenance, repair or use in military area. of a military area shall not obtain towards a person who entered it as a trespasser unless the plaintiff proves that he entered in good faith and without in• tent to commit an offence or a civil wrong and that the person in charge of that area or the person act• ing on his behalf at the place of entry knew of his presence in the area at the time the damage was caused.
(b) In this section, "military area" means — (1) immovable property occupied by the Defence Army of Israel or by some other branch of the Defence Establishment approved by the Minister of Defence for this purpose ;
(2) immovable property used for a secu• rity purpose and at the entrance to which a guard has been posted or entry to which is restricted by a notice displayed outside it ;
« Passed by the Knesset on the 17th Tammuz, 5730 (July 21st, 1970) and published in Sefer Ha-Chukkim No. 600 of the 26th Tammuz, 5730 (30th July, 1970), p. 124 ; the Bill and an Explanatory Note were published in Hatza'ot Chok No. 855 of 5729, p. 385. !) Dinei Medinat Yisrael (Nusach Chadash) No. 10, p. 266 ; Sefer Ha-Chuk• kim of 5728, p. 101 — LSI vol. XXII, p. 112 ; Sefer Ha-Chukkim of 5729, pp. 152 and 280 — LSI vol. XXIII, pp. 165 and 312.
127 (3) immovable property on which instal• lations are situated intended to prevent entry into or exit from Israel; for this purpose, a certificate from a person em• powered in that behalf by the Minister of Defence that the installation is in• tended to prevent entry into or exit from Israel shall be conclusive evidence of such fact.
(c) This section shall only apply during a period in which a state of emergency exists in the State by virtue of a declaration under section 9 (a) of the Law and Administration Ordinance, 5708— 1949.".
GOLDA MEIR YAAKOV S. SHAPIRO Prime Minister Minister of Justice
SHNEUR ZALMAN SHAZAR President of the State
(No. 43)
CAPACITY AND GUARDIANSHIP (AMENDMENT NO. 2) LAW, 5730—1970 *
Amendment of 1. In section 47 of the Capacity and Guardianship Law, 5722— section 47. 1962x) (hereinafter referred to as "the principal Law"), the words "on behalf of the minor", in the opening passage shall be replaced by the words "on behalf of the ward".
Amendment of 2. In section 68 of the principal Law, the words "a ward or a section 68. person in need of guardianship" shall be replaced by the words "or a ward" and the words "the ward or the person in need of guardian• ship" shall be replaced by the word "or the ward".
Amendment of 3. In section 69 of the principal Law, the words "a ward or a per-
section69. SOn m neec! 0f guardianship" shall be replaced by the words "or a ward".
* Passed by the Knesset on the 17th Tammuz, 5730 (21st July, 1970) and published in Sefer Ha-Chukkim No. 600 of the 26th Tammuz, 5730 (30th July, 1970), p. 125; the Bill and an Explanatory Note were published in Hatzdot Chok, No. 817 of 5730, p. 78. 5) Sefer Ha-Chukkim of 5722, p. 120 — LSI vol. XVI, p. 106 ; Sefer Ha- Chukkim of 5725, p. 114 ; LSI vol. XIX, p. 113.
128 4. In section '70 of the principal Law, the words "a ward or a per- Amendment of 70־ son in need of guardianship" shall be replaced by the words "or a sectlon ward".
5. In section 80 of the principal Law, the following definition shall Amendment of be inserted before thé definition of "representative" : section 80- " "ward" means a person for whom the Court has appointed a guardian under section 33, or a person for whom the Court may appoint a guardian as aforesaid, even if it has not yet been established whether the conditions for the appointment are ful• filled, as the case may be.".
GOLDA MEIR YAAKOV S. SHAPIRO Prime Minister Minister of Justice SHNEUR ZALMAN SHAZAR President of the State
(No. 44)
BANK OF ISRAEL (AMENDMENT NO. 8) LAW, 5730—1970*
1. In section 33A of the Bank of Israel Law, 5714—19541)— Amendment of section 33A. (1) the words "and special coins" shall be added after the words "commemorative coins" in the marginal note; (2) the words "or special coin" shall be added after the words "a commemorative coin" in subsection (a); (3) the words "or special coins" shall be added after the words "commemorative coins" in subsection (b).
GOLDA MEIR PINCHAS SAPIR Prime Minister Minister of Finance SHNEUR ZALMAN SHAZAR President of the State
* Passed by the Knesset of the 17th. Tammuz, 5730 (21st July, 1970) and published in Sefer Ha-Chukkim No. 600 of the 26th Tammuz, 5730 (30th July, 1970), p. 125 ; the Bill and an Explanatory Note were published in Hatza'ot Chok No. 885 of 5730, p. 180. !) Sefer Ha-Chukkim of 5714, p. 192 — LSI vol. VIII, p. 163 ; Sefer Ha- Chukkim of 5715, p. 242 — LSI vol. IX, p. 281 ; Sefer Ha-Chukkim of 5716, pp. 32 and 101 — LSI vol. X, pp. 30 and 106 ; Sefer Ha-Chukkim of 5717, p. 51 — LSI vol. XI, p. 48 ; Sefer Ha-Chukkim of 5728, p. 48 — LSI vol. XXII, p. 45 — Sefer Ha-Chukkim of 5729, pp. 67 and 99 — LSI vol. XXni, pp. 75 and 108.
129 (No. 45)
PROPERTY TAX AND COMPENSATION FUND (AMENDMENT NO. 7) LAW, 5730—1970 *
Amendment of 1. In 57׳ section 46C
(1) the closing passage of subsection (a), beginning with the words "shall, with such adaptations", shall be replaced by the following closing passage : "shall, with such adaptations as he may direct by regulations or as the case may require, apply to specific classes of Israeli property abroad or to specific Israeli property abroad."; (2) subsection (c) shall be replaced by the following subsection : "(c) For the purposes of this section, "Israeli property abroad" means — (1) immovable property, stock-in-trade or equipment situated outside the area of the State and the owner of which is an Israel national or resident or a body cor porate registered in Israel; (2) a vessel or aircraft chartered by an Israel national or resident or by a body corporate registered in Israel; (3) a vessel or aircraft in respect of which the Minister of Finance or a person empowered by him in that be half has certified that it operates for the benefit of the State economy; (4) goods transported in a vessel or aircraft which is "property" or "Israeli property abroad".
GOLDA MEIR PINCHAS SAPIR Prime Minister Minister of Finance
SHNEUR ZALMAN SHAZAR President of the State
* Passed by the Knesset on the 17th Tammuz, 5730 (21st July, 1970) and published in Sefer Ha-Chukkim No. 600 of the 26th Tammuz 5730 (30th July 1970), p. 126 ; the Bill and an Explanatory Note were published in Haizdot Chok No. 886 of 5730, p. 182. *) Sefer Ha-Chukkim of 5721, p. 100 — LSI vol. XXI, p. 15; Sefer Ha- Chukkim of 5730, p. 12 — supra, p. 10.
130 (No. 46)
VICTIMS OF HOSTILE ACTION (PENSIONS) LAW, 5730—1970 *
1. In this Law — Interpretation, "enemy-inflicted injury" means — (1) an injury caused through hostile action by military or semi- military or irregular forces of a state hostile to Israel, through hostile action by an organisation hostile to Israel or through hostile action carried out in aid of one of these or upon its instructions, on its behalf or to further its aims (all hereinafter referred to as "enemy forces"); (2) an injury inflicted by a person unintentionally in conse• quence of hostile action by enemy forces or an injury inflicted unintentionally under circumstances in which there were reason• able grounds for apprehending that hostile action as aforesaid would be carried out; (3) an injury caused through arms which were intended for hostile action by enemy forces, or an injury caused through arms which were intended to counter such action even if they were not operated, other than an injury sustained by a person of the age of 18 years or over while committing a felony or some other offence involving wilfulness or culpable negligence; "victim" means a person who has sustained an enemy-inflicted injury and who is one of the following: (1) an Israel national or resident, whether the injury was sustained in Israel or outside it; (2) a person who entered Israel under a visa or permit is• sued under the Entry into Israel Law, 5712—19521). in• cluding a person who entered Israel while exempt from the requirement of a visa or permit under section 17 (a) of the said Law, or a person who entered Israel under one of the orders made by the Minister of the Interior by virtue of section 17 of the said Law and specified in regulations un• der that Law, all if the injury occurred in Israel or in some other area designated for this purpose by the Minister of Defence, by order, in respect of all or any classes of persons entering Israel.
* Passed by the Knesset on the 18th Tammuz, 5730 (22nd July, 1970) and published in Sefer Ha-Chukkim No. 600 of the 26th Tammuz, 5730 (30th July, 1970), p. 126; the Bill and an Explanatory Note were published in Hatza'ot Chdk No. 860 of 5730, p. 7. !) Sefer Ha-Chukkim of 5712, p. 354 ; LSI vol. VI, p. 159.
131 "arms" has the same meaning as in the Military Justice Law, 5715—1955 *); "the Insurance Law" means the National Insurance Law (Consolidated Version), 5728—1968 2); "the Institute" has the same meaning as in the Insurance Law; "family member" of a victim — (1) during the victim's lifetime — has the same meaning, mutatis mutandis, as in section 1 of the Invalids (Pensions and Rehabili tation) Law (Consolidated Version), 5719—1949 3) (hereinafter referred to as "the Invalids Law"); in paragraph 4 of the definition of "family member" in the Invalids Law, the words "and who was a dependant of the invalid imme diately before the latter's enlistment for service" shall be deemed replaced by the words "and who was a dependant of the victim immediately before the injury" ; and the terms "per son incapable of earning his living", "brother", "income suffi cient for a person's maintenance", "the determining wage", "destitute" and "self-supporting" shall, for the present purpose, have the same meaning, mutatis mutandis, as in section 1 of the Invalids Law and in the regulations made thereunder ;
(2) upon the victim's death in consequence of the injury — has the same meaning, mutatis mutandis, as in the Fallen Sol dier's Families (Pensions and Rehabilitations) Law, 5710^-1950 *) (hereinafter referred to as "the Soldiers' Families Law"); and the terms "person incapable of earning his living", "the deter mining day", "income sufficient for a person's maintenance", "the determining wage", "gratuity", "indigent" and "self-sup porting", shall, for the present purpose, have the same meaning, mutatis mutandis, as in section 1 of the Soldiers' Families Law and in the regulations made thereunder; "pension" includes any advantage to which a person is entitled under the Invalids Law or the Soldiers' Families Law, as the case may be.
Presumption of 2. Where a person has been injured under circumstances affording
enemy-inflicted reaSonable grounds for believing that he has sustained an enemy-in- mjury' flicted injury, the injury shall be regarded as enemy-inflicted unless the contrary is proved.
!) Sefer Ha-Chukkim of 5715, p. 171 ;LSI vol. XI, p. 184. .Sefer Ha-Chukkim of 5728, p. 108 ; LSI vol. XXII, p. 114 (־ 3) Sefer Ha-Chukkim of 5719, p. 276 ; LSI vol. XIII, p. 315. *) Sefer Ha-Chukkim of 5710, p. 162; LSI vol. IV, p. 115.
132 3. The provisions of Article Three of Chapter Three of the Insu• Medical attendance, rance Law and the regulations made under such provisions shall apply convalescence mutatis mutandis to a victim. and rehabilitation.
4. Where a degree of invalidity has been determined for a victim, Pensions to as provided in section 5, the Institute shall pay him a pension as pro• invalids. vided in section 6.
5. The rules for the determination of the degree of invalidity in Determination sections 61 (a), 62, 63, 64, 64A and 65 of the Insurance Law and in the of degree of regulations thereunder shall apply, mutatis mutandis, to the determina• invalidity. tion of the degree of invalidity under this Law.
6. Sections 5, 6, 7, 7A, 8, 18(b) and (c), 22 and 44 of the Invalids Pension and Law shall apply mutatis mutandis to the determination and calculation calculation of a pension under this Law. thereof.
7. Where an enemy-inflicted injury has caused the death of the vic• Pensions to tim, the family members shall be entitled to pensions, mutatis mutan• family members. dis, as provided in sections 7, 8, 9, 9A, 10, 10A, 11, 12A, 13, 13A 13B, 13C, 14, 15, 20, 22, 24, 29, 29A, 29B, 29C, 30 and 32 of the Soldiers' Families Law.
8. The status of a victim or a family member shall be the same as Status of that of an invalid, within the meaning of the Invalids Law, or of a victim or family member for family member, within the meaning of the Soldiers' Families Law, for purposes of other the purposes of every other enactment granting any advantage, exemp• enactment. tion or reduction.
9. The Minister of Labour may — Power of Minister to (1) with the approval of the Labour Affairs Committee of the make and apply Knesset make regulations as to all matters arising out of the pro• regulations. visions of sections 3 to 7, including regulations concerning the giving of loans and guarantees to a victim or the members of his family for creating or consolidating sources of livelihood or for purposes of housing — by way of tenancy or ownership — and the mode of repayment of such loans; (2) by order, after consultation with the Labour Affairs Com• mittee of the Knesset, apply mutatis mutandis all or part of the regulations made under the Invalids Law, including the provi• sions of Chapter Five of the Invalids (Medical Treatment) Re• gulations, 5714—19541), or under the Soldiers' Families Law to victims and the members of their families.
10. (a) The Minister of Defence may, in consultation with the Appointment of Minister of Labour, appoint a certifying authority (hereinafter referred certifying authority. i) Kovetz Ha-Takkanot of 5714, p. 50.
133 to as "the authority") competent to certify that an injury which has occurred is enemy-inflicted. Notice of the address of the authority shall be published in Reshumot. (b) The authority shall give its decision within three months from the day on which the claim reaches it, unless, it decides to ex• tend the period for special reasons which shall be recorded.
Objection. 11. (a) A person who considers himself aggrieved by a decision of the authority may appeal to the objections committee referred to in subsection (b). (b) The objections committee shall consist of five members. Its chairman shall be a Judge appointed by the Minister of Justice, and the other members shall be appointed by the Minister of Defence in
consultation with the Minister :of Labour. (c) Three members of the Committee, including the chairman, shall be a quorum. (d) The objection shall be submitted in writing within 60 days from the day on which the committee's decision came to the know• ledge of the objector. (e) The decision of the objections committee shall be final. (f) Notice of the address of the committee shall be published in Reshumot.
Certification of 12. A certificate from the authority or the objections committee, as enemy-inflicted injury. the case may be, that an injury which has occurred is enemy-inflicted shall be a pre-condition to every claim upon the Institute under this Law.
Power of 13. Subject to the provision of section 12, a Regional Court, within Labour Court. the meaning of the Labour Courts Law, 5729—1969*) shall have ex• clusive power to hear any claim for a pension under this Law and any claim for the return of a pension erroneously or improperly paid.
Representation 14. In every claim under this Law against or by the State, the State before Court. shall be represented by the Institute through a person authorised for that purpose on behalf of the Institute.
Applicability of 15. Chapter Three "A", Articles One and Two of Chapter Seven, Insurance Law. and sections 196, 197 and 198, of the Insurance Law and the regula• tions made under such chapter, articlesand sections, shall apply mutatis mutandis for the purposes of this Law.
Pensions under 16. (a) A person entitled in consequence of one event to a pension this Law and under this. Law and to a benefit under the Insurance Law may opt for benefits under Insurance Law. i) Sefer Ha-Chukkim of 5729, p. 70 ; LSI vol. XXIII, p. 76.
134 I
one of them ; but if he opts for a benefit under the Insurance Law, the part of the benefit which is in excess of the pension under this Law shall be on the account of the Institute, and the remainder of the bene• fit shall be on the account of the Treasury. (b) A person entitled to a pension and a benefit as specified in subsection (a) shall opt for one of them within six months from the day on which the ground for the claim arose, and so long as he has not opted as aforesaid, he shall be paid a monthly pension under this Law. If within the said period he opts for a benefit under the Insu• rance Law, he shall be paid the benefit as from the day on which the ground for the claim arose, less the amounts paid to him as a monthly pension as aforesaid.
17. (a) A person entitled to a pension under this Law on several Pensions under this Law and grounds, or under this Law and under another Law under which the pensions or pension is payable out of the Treasury may opt for one of the pensions. compensation under other (b) The provisions of section 6 of the Invalids Law or section 21 Laws. of the Soldiers' Families Law, as the case may be, shall mutatis mu• tandis apply to a person entitled in consequence of one event to a pen• sion under this Law and to compensation under the Civil Wrongs Ordinance (New Version)1).
18. (a) Pensions under this Law shall be paid out of the Treasury Pensions out of through the Institute. the Treasury. (b) The Treasury shall indemnify the Institute, on its demand, for every expense incurred by it in paying a pension and for the pro• portionate part of the administrative expenses of the Institute arising out of the implementation of this Law.
19. (a) This Law shall apply to a person who was injured by hos- Scope of tile action after the 25th Iyar, 5727 (4th June, 1967). A person en- application, titled under this Law shall not be entitled to a pension under the Border Victims (Benefits) Law, 5717—1958 2) (hereinafter referred to as "the Border Victims Law"). (b) This Law shall not apply to an injury sustained by a per- . son who belongs to or aids the forces of the enemy or acts upon their instructions or on their behalf or to further their aims.
20. Where a person has received a benefit under the Border Victims Transitional Law in respect of a border injury sustained by him after the 25th Iyar, provisions. 5727 (4th June, 1967), such benefit shall be set off against the pension under this Law. However, where a person has lawfully received a pen• sion under the Border Victims Law exceeding the pension due under this Law, the balance shall not be set off.
*) Dinei Medinat Yisrael (Nusach Chadash) No. 10, p. 266. 2) Sefer Ha-Chukkim of 5717, p. 22.; LSI •vol. XI, p. 19.
135 Implementation. 21. The Minister of Labour is charged with the implementation of this Law and may make regulations as to any matter relating to such implementation.
Adaptations. 22. (a) The Laws referred to in the Schedule shall be amended as specified therein. (b) The pensions officer referred to in the Invalids Law and the Soldiers' Families Law shall for the purposes of this Law be re placed by a claims officer, within the meaning of section 130 of the Insurance Law.
SCHEDULE (Section 22)
1. In the Local Authorities (Regulation of Guard-Service) Law, 5721—1961 1). the following section shall be inserted after section 15 : "Benefits to 15A. A person who fulfilled a duty of guard-service injured under this Law and was mjured in the course of persons. guarding on or after the 26th Iyar, 5727 (5th June, 1967) shall be deemed to be a victim, within the meaning of the Victims of Hostile Action (Pensions) Law, 5730—1970, and the provisions of that Law shall apply to him and his dependants.".
2. In the Civil Defence Law, 5711—1951 2), the following shall be added at the end of section 14B (a) : "If a person called up as aforesaid was injured on or after the 26th Iyar, 5727 (5th June, 1967) in the course and in conse quence of fulfilling his obligation, he shall be deemed to be a victim, within the meaning of the Victims of Hostile Action (Pensions) Law, 5730—1970, and the provisions of that Law shall apply to him and his dependants.". 3. In section 168 (a) (3) of the Insurance Law, the following sub paragraph shall be inserted after subparagraph (/): "(g) the Victims of Hostile Action (Pensions) Law, 5730— 1970.". 4. In the Income Tax Ordinance 3), the words "or enemy-inflicted injury" shall-be inserted after the words "or a border injury", in sec-
1) Sefer Ha-Chukkim of 5721, p. 169 ; LSI vol. XV, p. 184. 2) Sefer Ha-Chukkim of 5711, p. 78 ; LSI vol. V, p. 72. .So. 6, p. 120; NV vol. l,p. 145־(Dinei Medina( Yisrael (Nusach Chadash (3
136 tion 36 (a) and the following definition shall be added at the end of section 36 (b): "enemy-inflicted injury" has the same meaning as in the Vic• tims of Hostile Action (Pensions) Law, 5730—1970.".
5. In the Border Victims Law, section 2 shall be re-marked as sec• tion 2 (a) and the following subsection shall be added thereafter : "(b) A widow and orphan of a border victim shall be entitled to benefits under Chapter Three 1 of the National Insurance Law and the regulations made thereunder.".
GOLDA MEIR YOSEF ALMOGI Prime Minister Minister of Labour
SHNEUR ZALMAN SHAZAR President of the State (No. 47)
SPORTS BETTING REGULATION (AMENDMENT No. 2) LAW, 5730—1970*
Addition of 1. In the Sports Betting Regulation Law, 5727—1967 *) herein• section 8A. after referred to as "the principal Law") the following section shall be inserted after section 8 :
"Carrying out 8A. (a) The Board may carry out the work in- volved in a betting scheme through another person under a written agreement with him. Any such agree• ment shall be for a period not exceeding two years each time. (b) In an agreement as aforesaid, the Board shall require the person through whom the work is carried out to report to it on such carrying out in accordance with rules prescribed by regulations.".
Amendment of 2. The following shall be added at the end of section 9 (b) of the section 9. principal Law: "and the Board may, with approval as aforesaid, pre• scribe that part of the balance in a particular year be not apportioned in that year but be used as a reserve for the following years; the re• serve shall be deposited with the Treasury on conditions agreed upon between the Accountant-General and the Board.".
Repeal of 3. Section 16 of the principal Law is hereby repealed. section 16.
GOLDA MEIR PINCHAS SAPIR Prime Minister Minister of Finance
SHNEUR ZALMAN SHAZAR President of the State
* Passed by the Knesset on the 25th Tammuz, 5730 (29th July, 1970) and published in Sefer Ha-Chukkim No. 601 of the 1st Av, 5730 (3rd August, 5730), p. 132; the Bill and an Explanatory Note were published in Hatzdot Chok No. 886 of 5730, p. 183. ]) Sefer Ha-Chukkim of 5727, p. 142 — LSI vol. XXI, p. 142 ; Sefer Ha- Chukkim of 5728, p. 162; LSI vol. XXII, p. 185. (No. 48)
NATIONAL INSURANCE (AMENDMENT NO. 5) LAW, 5730—1970 *
1. In the National Insurance Law (Consolidated Version), 5728— Replacement of 1968 J) (hereinafter referred to as "the principal Law"), section 12 section 12. shall be replaced by the following section :
,"Qualifying 12. (a) The qualifying age for old-age pension is age for seventy years in the case of a man and sixty-five
old-age pension. yearg m tfle cas& Q{ & woman . however —
(1) in the case of an insured person whose income in any financial year does not ex• ceed the amount specified in Table II (such amount hereinafter referred to as "the maximum income"), the qualifying age for old-age pension is sixty-five years in the case of a man and sixty years in the case of a woman; (2) the Minister may, with the approval of the Labour Affairs Committee of the Knes• set, prescribe other amounts in the cases specified in Table II, having regard to fluc• tuations in wages, and such amounts shall have effect from the date prescribed by him. (b) For the purposes of this section, "income" has the same meaning as in section 2 of the In• come Tax Ordinance2) or means income as deter• mined under section 20A of this Law, but does not include income from a pension payable by virtue of any enactment in Israel or under a collective agree• ment or contract of employment made in Israel.".
2. The following section shall be inserted after section 12 of the Addition of principal Law : section 12A. "Proportionate !2A. Notwithstanding the provision of section
old-age pension. 12 (a) (1), where the income of an insured person exceeds the maximum amount, he shall be paid an old-age pension under section 11 (a), less an amount equal to the amount by which his income is in ex-
* Passed by the Knesset on the 24th Tammuz, 5730 (28th July, 1970) and published in Sefer Ha-Chukkim No. 602 of the 4th Av, 5730 (6th August, 1970), p. 134; the Bill and an Explanatory Note were published in Hatzdot Chok No. 874 of 5730, p. 94. !) Sefer Ha-Chukkim of 5728, p. 108 — LSI vol. XXII, p. 114; Sefer Ha- Chukkim of 5729, pp. 76 and 206 — LSI vol. XXIII, pp. 84 and 221. 2) Dinei Medinat Yisrael (Nusach Chadash) No. 6, p. 120 ; NV vol. 1, p. 145.
139 cess of the maximum income, according to modes of calculation and rounding-off rules prescribed by the Minister by regulations, so long as the amount of the pension after the deduction exceeds 10 per cent of the whole amount of the pension.".
Repeal of 3. Sections 13 and 14 of the principal Law are hereby repealed. sections 13 and 14.
Replacement of 4. Section 19 of the principal Law shall be replaced by the follow• section 19. ing section : "Pension 19. Where an insured person has reached the age at deferment which he would be entitled to an old-age pension allowance. had he not an income exceeding the income entitl• ing to a pension under section 12 and 12A, and such income is derived from any occupation, the pension to which he is entitled under the foregoing sections shall be increased by five per cent in respect of each year in which he had an income as afore• said and in which the contributions were paid in full: Provided that the pension shall not by virtue of this section be increased by more than 25 per cent.".
Amendment 5. In section 20 of the principal Law, the words "in accordance of section 20. with section 12" shall be replaced by the words "in accordance with sections 12 and 12A".
Addition of 6. The following section shall be inserted after section 68 of the section 68A. principal Law :
"Increase 68A. The Minister may, after consultation with the of rates. Minister of Finance and with the approval of the Labour Affairs Committee of the Knesset, increase or reassess the pension to the extent prescribed by order, having regard to fluctuations in wages or in the maximum specified in Table XI, in respect of invalids generally or in respect of particular classes of invalids, as may be prescribed in the order.".
Addition of 7. The followi ng section shall be inserted after section 89 of the section89A. principal Law:
"Represen• 89A. (a) Notwithstanding the provision of section tative or• 135, the Institute may deduct.from the pension of ganisation and member• an invalid for whom a stable degree of invalidity has ship fees. been fixed a membership fee in favour of an orga• nisation declared by the Minister to be an organisa• tion of invalids, payments to a mutual aid fund of that organisation and contributions to mutual life in• surance arranged by the organisation.
140 (b) The Minister may, with the approval of the Labour Affairs Committee of the Knesset, pre• scribe by regulations the maximum amount permitted to be deducted every month under subsection (a) from the pension of an invalid. (c) If the invalid notifies the Institute, in writ• ing, of his opposition to the deduction, the deduc• tions shall be discontinued upon the expiration of one month from the date of receipt of the notification.".
8. Section 105 of the principal Law shall be replaced by the follow• Replacement of ing section: section 105. "Right to 105. As long as at least one of the parents meets family the requirements for entitlement to a family allow• allowance. ance, an insured parent is entitled to a monthly family allowance — (1) if he is insured under Chapter Six — in respect of the fourth and every addition• al child, as long as he has three older children; (2) if he is not insured under Chapter Six — in respect of the third and every additional child, provided that a pension under Chapter Six is not payable in re• spect of them and so long as he has two older children.".
9. In section 119 of the principal Law, the words "in respect of all Amendment of or part of the children" shall be inserted after the words "may in- section 119. crease the rate" in subsection (a).
10. The following section shall be inserted after section 160 of the Amendment of principal Law: section 160A. "Reduced 160A. Notwithstanding the provisions of section rates. 159 and 160, the Minister may, with the approval of the Finance Committee of the Knesset, by order, prescribe reduced rates of contributions in respect of part of the income of an insured person who is a self-employed person or who is neither an employ• ee nor a self-employed person, or impose reduced rates on the income of an insured person as afore• said which does not exceed an amount prescribed in the order.".
11. In section 168 (a) of the principal Law, the following para• Amendment of graph shall be inserted after paragraph (4): section 168. "(5) 4 per cent of the wage of an employee; how• ever, in the case of an employee who is not liable to
141 a savings loan under the Compulsory Savings Loan Law, 5730—19701). this part of the wage shall be taken into account in calculating the benefit; exemp. tion under this paragraph shall expire on the 5tb Nisan, 5731 (31st March, 1971) unless the Minister, with the approval of the Labour Affairs Committee of the Knesset, extends it for an additional period.".
Addition of 12. The following section shall be inserted after section 192 of the section 192A principal Law: "Special 192A. The Minister may, after consultation with classes of the Board and with the approval of the Labour insured persons. Affairs Committee of the Knesset, by regulations, prescribe classes of persons, being non-residents or being residents employed outside Israel, in respect of whom rights and duties shall exist under this Law, all as he may prescribe.".
Replacement of 13. In the heading of Table II to the principal Law, the words heading of "Maximum Annual Income Consistent with the Presumption of Retire• Table II. ment" shall be replaced by the words "Maximum Income" and the expression "(Section 13)" shall be replaced by the expression "(Sec• tion 12)".
Replacement of 14. Table VIII to the principal Law shall be replaced by the follow• Table VIII. ing table:
"TABLE VTII Family Allowance per month (Section 109)
Item Child Pounds
1 Third (in the case of a person entitled 17.50 under section 105 (2)
2 Fourth 12.50 3 Fifth 13.75 4 Sixth 15.00 5 Seventh 16.25 6 Each additional child after the seventh 17.50".
i) Seier Ha-Chukkim of 5730, p. 52 : supra, p. 46.
142 15. Table IX to the principal Law shall be replaced by the follow- Replacement of ־ing table : Table IX
"TABLE IX Employees' Children's Allowance per Month (Section 119)
Item Child Pounds
1 First 12.50
2 Second 17.50
3 Third 17.50".
16. In Table XIV of the principal Law, the expression "48 p. ct." Amendment of shall be replaced by the expression "20 p. ct.". Table XIV•
17. The provisions of sections 1 and 2 shall not derogate from any Transitional right to an old-age pension to which an insured person is already en- provisions, titled on the date of publication of this Law.
18. This Law shall have effect from the 24th Adar Bet, 5730 (1st Commencement. April, 1970), except for section 2, which shall have effect from the 6th Nisan, 5731 (1st April, 1971).
GOLDA MEIR YOSEF ALMOGI Prime Minister Minister of Labour
SHNEUR ZALMAN SHAZAR President of the State
143 (No. 49)
LEGAL AND ADMINISTRATIVE MATTERS (REGULATION) LAW (CONSOLIDATED VERSION), 5730—1970 *
Definition. 1. In this Law, "application of law order" means an order under section 11B of the Law and Administration Ordinance, 5708—1948 1).
Holy Places. 2. Where any Holy Places are situated in the area of application of an application of law order, the Absentees' Property Law, 5710— 1950 2), shall not apply to them from the day of the coming of the coming into force of the order.
Non- 3. (a) A person who on the day of the coming into force of an absenteeship. application of law order is in the area of application of the order and a resident thereof shall not, from the day, be regarded as an absentee within the meaning of the Absentee's Property Law, 5710—1950, in respect of property situated in that area. (b) For the purposes of this section, it shall be immaterial if, after the coming into force of the order, a person is, by legal permit, in a place his presence in which would make him an absentee but for this provision.
Plea of 4. Where a person is a resident of the area of application of an enemy application of law order, a court or tribunal shall not, in a civil mat• status. ter, entertain the plea that he is an enemy or enemy subject, unless that plea is made by the Attorney-General or with his written consent.
Release of 5. (a) Immovable property situated in the area of application of immovable an application of law order and which, immediately before the day on property. which such area came to be held by the Defence Army of Israel, was vested in a person whom the authorities of the state then in de facto occupation of the area had appointed custodian of enemy property or holder of a similar office or tide, or in any of the authorities of, or any body controlled by, that state, to which authority or body that person had transferred the property, shall, from the day of the com• ing into force of the order, vest in the Administrator-General, who shall deal therewith as hereafter in this section provided.
* Text determined by the Constitution, Legislation and Juridical Committee of the Knesset on the 3rd Av, 5730 (5th August, 1970) under section 16 of the Law and Administration Ordinance, 5708 — 1948, and published in Sefer Ha-Chukkim No. 603 of the 11th Av, 5730 (13th August, 1970), p. 138. References : Sefer Ha-Chukkim of 5728, p. 247 — LSI vol. XXII, p. 282 ; Kovetz Ha-Takkanot of 5729, p .1362 ; Sefer Ha-Chukkim of 5729, p. 254 — LSI vol. XXIII, p. 279. 1) I.R. of 5708, Suppl. I, p. 1 — LSI vol. I, p. 7 ; Sefer Ha-Chukkim of 5727, p. 74 — LSI vol. XXI, p. 75. 2) Sefer Ha-Chukkim of 5710, p. 86 ; LSI vol. IV, p. 68. (b) The Administrator-General shall, by certificate under his hand, release the property to the person who was the owner thereof before it was vested in the person referred to in subsection (a), or to the successor of such owner, upon the application of such owner or successor. So long as the property is not released, the Administrator- General shall deal therewith as he is permitted to deal with immovable property of an absent person under the Administrator-General Ordin ance, 19441). and the provisions of that Ordinance shall apply for the purposes of this section. (c) Where the property was acquired for public purposes under any Law after the coming into force of the application of law order and before being released, the compensation due under that Law in respect of the acquisition shall be paid to the Administrator-General, who shall deal therewith, mutatis mutandis, in accordance with sub section (b). (d) Where the property includes a public building erected after the property became vested in the person referred to in subsection (a) and before the coming into force of the application of law order, the property shall become State property, and the compensation therefor shall be calculated according to the value only of the land, as vacant, on the day of the coming into force of this Law or the day of the coming into force of the order, whichever is later.
6. A company which immediately before the coming into force of Companies — this Law or immediately before the coming into force of an applica continuation tion of law order, whichever is later, had a place of business in the of activities. area of application of the order, and which was established under the law applying in that area at the time of its establishment, may, not withstanding anything provided in the Companies Ordinance2) or the Absentees' Property Law, 5710—1950, continue its activities, until the expiration of six months from the day of the coming into force of the order or from the day of the coming into force of this Law or until the Court decides upon an application filed under section 9 or 10, whichever is latest.
7. A director or member of a company as referred to in section 6 Companies — ״who according to this Law is regarded as a non-absentee in respect non-absentee ship of of his property shall also be regarded as a non-absentee in respect of director or the property of the company, in respect of his rights as a director or member. member of the company and in respect of the activities of the com pany under section 6, 8, 9 or 10.
8. Where a company as referred to in section 6 has pledged or Companies — charged its property, the provisions of section 127 of the Companies registration Ordinance shall apply to it in respect of the registration of the pledge of charges. or charge.
1 P.G. of 1944, Suppl. I, No. 1380, p. 151 (English Edition). !) P.G. of 1944, Suppl. No. 1380, p. 151 (English Edition).
145 Companies — 9. (a) Where, within six months from the day of the coming into transfer of force of this Law or from the day of the coming into force of an appli• assets and liabilities cation of law order, whichever is later, a company as referred to in under section 6 arrives at an arrangement with a company registered in Israel arrangement. for that purpose by all or part of the members of the company re- referred to in section 6, or with another company registered in Israel, for the transfer of its assets and liabilities, the company with which the arrangement was made may, within three months from the date of the arrangement, apply to the District Court of Jerusalem, by way of mo• tion, for an order confirming the arrangement. (b) Notice of the filing of an application under subsection (a) and of the time of its hearing shall be published in Reshumot; the text of the notice shall be as prescribed by the Court. (c) Subsections (3), (4), (6), (7). (8), (10) and (12) of section 119A of the Companies Ordinance shall apply, mutatis mutandis, to an arrangement under this section.
Conversion 10. A company as referred to in section 6 whose only place of busi• of company ness is in the area of application of an application of law order and into Israeli company. all whose directors and members are residents of that area may, with• in six months from the day of the coming into force of this Law or from the day of the coming into force of the order, whichever is later, apply to the District Court of Jerusalem, by way of motion, for an order converting it into an Israeli company, and the Court may make the order on such conditions, including conditions as to the filing of documents with the Registrar of Companies, as it may deem fit.
Companies — 11. (a) (1) Where a company which immediately before the coming registration, into force of this Law or immediately before the coming into and transfer of assets and force of an application of law order, whichever is later, had liabilities, a registered office or a place of business in the area of Jnder order. application of the order, and which was established under the law applying in that area at the time of its establishment, did not act in pursuance of section 9 or 10 by the 5th Iyar, 5729 (27th April, 1969), the Minister of Justice may, by order, direct that it be registered in Israel under the Com• panies Ordinance as from the day prescribed by such order; and he may further issue by such order any direction concerning the registration of the company, its organs at the time of registration and its continued acti• vity after registration, including a direction concerning the manner of its registration, the form of its incorporation as a company under the Companies Ordinance, the address of its registered office, the times for matters in which it is bound to act under the Companies Ordinance and, if at the time of registration it has no directors or managers as re• quired under the Companies Ordinance or the incorpora• tion documents, its management. (2) Where the Minister of Justice has directed as aforesaid, the Registrar of Companies shall register the company in
146 accordance with the order, and the Registrar of Companies and the company shall act in accordance with every direction issued by the order. For the purposes of any law and not• withstanding anything contained in the memorandum and articles of the company, the matters directed by the Minis• ter shall be regarded as valid decisions of the company. (b) An order under subsection (a) shall be published in Reshumot. (c) The Registrar of Companies may call upon a company to which subsection (a) applies and upon a person who immediately be• fore the making of an order under subsection (a) was a director or manager of such company or who has been designated as a director or manager by virtue of such order to submit to him a certified copy of the memorandum and articles of association of the company and to furnish him with any further particulars and documents concerning the company which it is bound by law to enter in its books, report or submit to the Registrar of Companies. (d) The assets and liabilities which a company had before being registered under subsection (a) shall be its assets and liabilities upon its registration unless the District Court of Jerusalem otherwise pre• scribes on the application of an interested person or the Attorney- General in order to protect a person who before or after the registra• tion was or is the holder of any rights in the company or a creditor or employee thereof.
12. The following provisions shall apply to a company registered Company under section 11 (a) which has not yet furnished the Registrar of Com• registered under order panies with a certified copy of the memorandum and articles, as re• which has not quired by section 11 (c): furnished memorandum (1) Where at the time of registration the company carries and articles. on business of a particular kind in the area of application of the application of law order, such kind, and only such kind, of business shall be regarded as coming within the scope of its objects ; (2) so long as the company has not submitted its articles to the Registrar of Companies, the regulations in the Third Schedule to the Companies Ordinance shall be regarded as its articles unless the Minister of Justice otherwise directs by order; (3) notwithstanding the provisions of paragraphs (1) and (2), the Minister of Justice may by order define the objects of a company as aforesaid, and such definition shall be in force so long as the company has not submitted a memo• randum and articles as required by section 11 (c).
13. The Minister of Justice or a person empowered by him in that Certificate behalf may give a written certificate concerning the objects of a com- by Minister•
147 pany and concerning any other matter arising out of an order under section 11.
Partnerships. 14. The provisions of sections 6 to 13 shall apply mutatis mutandis to partnerships.
Cooperative 15. (a) A cooperative society which immediately before the com• societies — ing into force of this Law, or immediately before the coming into force continuation of activities. of an application of law order, whichever is later, had its place of ac• tivity in the area of application of the order, and which was estab• lished under the law applying in that area at the time of its establish• ment, may, notwithstanding anything provided in the Cooperative So• cieties Ordinanceor the Absentees' Property Law, 5710—1950, con• tinue its activities until the expiration of six months from the day of the coming into force of the order or from the day coming into force of this Law or until the Court decides upon an application filed under section 16 (b), whichever is latest. (b) The provisions of sections 7 and 8 shall apply mutatis mutandis to a cooperative society as referred to in subsection (a).
Cooperative 16. (a) The Minister of Labour may, by general or special order, societies — enact provisions as to the registration of a cooperative society to take registration and transfer the place of a cooperative society as referred to in section 15, includ• of assets and ing the determination of its rules, members and organs. A society re• liabilities. gistered under an order as aforesaid shall, to all intents, be deemed to have been registered under the Cooperative Societies Ordinance, and the provisions of that Ordinance and of the regulations made thereunder shall apply to any matter not provided for in the order. (b) The Registrar of Cooperative Societies shall arrange the transfer of the assets and liabilities of a society as referred to in sec• tion 15 to a society registered under subsection (a) and shall apply to the District Court of Jerusalem, by way of motion, for an order con• firming the arrangement. The provisions of section 9 (b) and (c) shall apply mutatis mutandis for the purposes of this section. (c) An act as referred to in this section shall also be valid if it was done before the coming into force of this Law.
Conversion 17. The Minister of Labour may, by general or special order, enact of society provisions as to the conversion of a society as referred to in section into Israeli society. 15 into an Israeli cooperative society if all the members of the society and of the management thereof are residents of the area of application of the application of law order.
Licences to 18. (a) Where, immediately before the coming into force of sn engage in application of law order, a resident of the area of application of the occupation ; continuation in order engaged in any vocation, handicraft or other occupation under occupation pend• the law then applying in that area, and such vocation, handicraft or ing Israeli licensing. *) Laws of Palestine vol. I, cap. 24, p. 360 (English Edition).
148 other occupation requires a licence under an Israeli enactment, such resident may continue in such vocation, handicraft or other occupation until the expiration of six months from the day of the coming into force of the order or from the day of the coming into force of this Law or until his application for a licence under the Israeli enactment has been decided upon, whichever is latest. (b) A licence may be granted to a resident as referred to in subsection (a) even if he lacks any of the personal qualifications re• quired by the enactment. (c) Where according to the enactment the grant of the licence is subject to conditions relating to the place where the occupation is carried on, the Minister charged with the implementation of the enact• ment may make regulations containing relaxations, for a specific time or otherwise, in respect of the place where the occupation was carried on before the coming into force of the application of law order. So long as regulations as aforesaid have not been made, the authority competent to grant the licence may grant relaxations as aforesaid. (d) This section shall not apply to a licence under the Fire• arms Law, 5709—19491). or under the Explosives Law, 5714—1954 2).
19. (a) Where immediately before the coming into force of an appli• Licences to cation of law order a resident of the area of application of the order engage in occupation ; was engaged in any vocation, handicraft or other occupation under licensing the law then applying to that area, such occupation requiring a licence by order. under an Israeli enactment, and he has not yet obtained a licence as aforesaid, the Minister charged with the implementation of the Israeli enactment may direct, by order, that such resident shall be regarded as holding a licence from the day prescribed in the order. (b) A person to whom an order under subsection (a) applies shall for all purposes be regarded as having received a licence by virtue of the Israeli enactment applying to the vocation, handicraft or other occupation. (c) An order under subsection (a) shall be published in Reshumot. (d) The Minister charged with the implementation of the enact• ment in question or a person empowered by him in that behalf may require a resident to whom subsection (a) applies to furnish such particulars concerning himself or his qualifications as it is permitted to require under that enactment. (e) The provisions of this section shall add to and not derogate from the provisions of section 18.
20. (a) A resident of the area of application of an application of Advocates, law order who immediately before the day on which such area came
») Sefer Ha-Chukkim of 5709, p. 143 ; LSI vol. Ill, p. 61. 2) Sefer Ha-Chukkim of 5714, p. 64 ; LSI vol. VIII, p. 57. to be held by the Defence Army of Israel served or practised as a judge of a civil court or an advocate in such area or in any part of Eretz Israel not designated in the said order shall become a member of the Chamber of Advocates on the day of the coming into force of the order or the day of the coming into force of this Law, whichever is later. (b) The Minister of Justice shall publish in Reshumot the names of the persons to whom subsection (a) applies. (c) The Minister of Justice may prescribe by regulations condi• tions, including relaxations, for admission to membership of the Cham• ber of Advocates of a resident of Israel who was a resident of the area of application of an application of law order immediately before the coming into force thereof and was qualified to be an advocate but did not practise the profession of advocacy, or was a clerk in service in such area and had not completed his period of clerkship. (d) The Minister of Justice may prescribe by regulations condi• tions, including relaxations, for admission to membership of the Cham• ber of Advocates of a resident qf Israel who, at any time before the coming into force of this Law, served as a judge of a civil court, or was an advocate, in any part of Eretz Israel not designated in an application of law order. (e) A person who becomes a member of the Chamber of Advo• cates under this section shall have all the rights and duties of a mem• ber of the Chamber under the Chamber of Advocates Law, 5721— 19611). (f) Where a person becomes a member of the Chamber of Ad• vocates under this section, then, for the purposes of any enactment, the period of his earlier service or practice as a judge or advocate, as specified in subsection (a) or (d), shall be deemed to be a period in which he served or practised as a judge or advocate, as the case may be, in Israel. This subsection shall not derogate from the powers con• ferred by subsection (c) or (d).
Registration of 21. (a) A person who on the day of the coming into force of an rights application of law order had in the area of application thereof a re• in patents and gistered proprietary right in any patent, design or trade mark, or who designs. before that day applied for registration of such a right, may, within six months from the day of the coming into force of the order or from the day of the coming into force of this Law, whichever is later, apply for registration of his right under Israeli law, and he shall be deemed to have filed the application for registration of the right under Israeli law on the day on which he first filed his application for registration of such right. (b) The registration of a patent under subsection (a) shall not derogate from the validity of a patent registered in Israel under an
!) Sefer Ha-Chukkim of 5721, p. 178 ; LSI vol. XV, p. 196.
150 application filed before the coming into force of the Patents Law, 5727—19671). 22. (a) Where the laying of the foundations of a building in the Building area of application of an application of law order has been completed operations. under a building permit granted under the law applying in that area before the coming into force of the order, and within one year from the coming into force of the order or from the coming into force of this Law, whichever is later, the holder of the permit gives notice to the District Planning and Building Commission of his wish to continue building operations, such holder shall be entitled to receive a building permit under Israeli law. (bj The District Planning and Building Commission may, within three months from the grant of the permit under subsection (a) and after giving the holder of the permit a reasonable opportunity to state his case, amend or vary the permit, prescribe conditions, including re• laxations, therein, or cancel it, all for reasons for which it may do so under the Planning and Building Law, 5725—1965 2), and it may sus• pend the permit until the expiration of three months from the day on which it was granted or until its decision under this subsection, which• ever is earlier. (c) A permit under subsection (a) shall be exempt from payment of a fee. Where the laying of the foundations of a building as referred to in subsection (a) was begun, but not completed, before the coming into force of an application of law order, and an application for a building permit under Israel law is filed, the District Planning and Building Commission may exempt the permit from payment of a fee. 23. The Prime Minister may by regulations, for a specific time or Appointment of otherwise, exempt persons who are residents of the area of application public servants. of an application of law order from the provisions of any Law making an appointment to the post of a public servant conditional upon the Israeli nationality of the candidate, and he may, for this purpose, enact different provisions in respect of different categories of public servants.
24. The validity of a licence or permit granted, or a registration Validity of made, by virtue of this Law shall not be disputed. permit, licence and registration. 25. The Minister of Justice may by regulations, either generally or Continuity in respect of a specific category of matters, enact provisions as to — of lawsuits etc (1) the material and local jurisdiction of courts to hear any crim• inal or civil matter in connection with any act, omission or event which occurred in the area of application of an application of law order at any time before the coming into force thereof, including the hearing of cases that were pending before courts which functioned in that area, and appeals against judgments giv• en by such courts, and the rules of procedure in such matters;
J) Sefer Ha-Chukkim of 5727, p. 148 ; LSI vol. XXI, p. 149. 2) Sefer Ha-Chukkim of 5725, p. 307; LSI vol. XTX, p. 330.
151 (2) the enforcement by the courts of final judgments and of or• ders and other decisions given or made in a criminal or civil matter, at any time before the coming into force of an applica• tion of law order, by courts which functioned in its area of appli• cation, and the execution by the Execution Offices and other authorities of judgments, orders and decisions as aforesaid; (3) the recognition and confirmation of documents issued or confirmed, at any time before the coming into force of an appli• cation of law order, by any of the authorities which functioned in its area of application. Application of 26. From the day of the coming into force of an application of law State Property order, section 2 of the State Property Law, 5711—1951 1). shall apply Law. mutatis mutandis to property situated in the area of application of such order of the state which was in de facto occupation of such area or of any of the authorities of such state. Period of 27. When a declaration is published in Reshumot under section validity 9 (d) of the Law and Administration Ordinance, 5708—1948, that the of certain provisions. state of emergency in the State has ceased to exist, sections 11, 12, 13, 19, 20 (f), 24, and 26 shall cease to have effect, and the words "served or practised as a judge of a civil court or an advocate in such area or in any part of Eretz Israel not designated in the said order" in sec• tion 20 (a) shall be replaced by the words "served as a judge of a civ• il court, or was an advocate, in such area".
Transitional 28. (a) Where an application of law order came into force before provisions. the coming into force of this Law, section 3 shall also apply to a person who on the day of the coming into force of the application of law or• der was a resident of its area of application but was absent therefrom, provided that he is lawfully present therein on the day of the coming into force of this Law. (b) A legal act done by the Custodian of Absentees' Property before the coming into force of this Law and which would have been void had thds Law heen in force on the day it was done shall be deemed to be void as from the day it was done. Implementation 22. (a) The Minister of Justice is charged with the implimentation and regulations. of this Law and may make regulations for such implementation. Regu• lations as to a matter within the scope of a Law with the implementa• tion of which another Minister is charged shall be made by that Min• ister with the consent of the Minister of Justice. (b) Regulations under this Law may enact provisions as to the extension of times, including times both under this Law and any other Law, and as to the adjustment of fees and exemption therefrom.
YAAKOV S. SHAPIRO Minister of Justice
i) Seier Ha-Chukkim No. 68 of 5711, p. 52; LSI vol. V, p. 45.
152 (No. 50)
KNESSET ELECTIONS (AMENDMENT NO. 2) LAW, 5730—1970 *
1. In the Knesset Elections Law (Consolidated Version), 5729— Replacement of 1969 1). section 157 shall be replaced by the following section : section 147. "Special 147. Notwithstanding anything provided in this provisions. Law or jn other law, the Voters' Register shall include voters whose address registered in the Popu• lation Registry is in an area held by the Defence Army of Israel. The Minister of the Interior shall, after consultation with the Chairman of the Central Committee, issue directions as to any matter relating to the implementation of this section and as to any other matter relating to the voting of such voters as aforesaid. Such directions shall be brought to the knowledge of the persons concerned in such manner as the Minister of the Interior shall think fit after consultation with the Chairman of the Central Com• mittee ; they shall not require publication in Reshumot.".
2. The Voters' Register the determining date of which is the 1st Validation. Nisan, 5730, shall be regarded as a Register prepared according to this Law.
GOLDA MEIR GOLDA MEIR Prime Minister Prime Minister Acting Minister of the Interior SHNEUR ZALMAN SHAZAR President of the State
* Passed by the Knesset on the 10th Av, 5730 (12th August, 1970) and pub• lished in Sefer Ha-Chukkim No. 604 of the 15th Av, 5730 (17th August, 1970), p. 146; the Bill and an Explanatory Note were published in Hatza'ot Chok No. 893 of 5730, p .226. ') Sefer Ha-Chukkim of 5729, pp. 103 and 196; ¿5/ vol. XXIII, pp. 110 and 211.
153 (No. 51)
ELECTRICITY CONCESSION (SUPPLEMENT) (AMENDMENT OF CONCESSION) LAW, 5730—1970*
The Concession. 1. The Supplementary Concession Deed contained in the Schedule to this Law shall be regarded as valid for all the purposes thereof.
Implementation. 2. The Minister of Development is charged with the implementa• tion of this Law.
SCHEDULE
This Supplementary Concession Deed was made on the 3rd Av, 5730 (5th August, 1970) between THE GOVERNMENT OF ISRAEL represented by the Minister of Development on behalf of the State of Israel (hereinafter referred to as "the Govern• ment") of the one part and THE ISRAEL ELEC• TRIC CORPORATION LTD. (hereinafter referred to as "the Company", which term shall include its lawful successors and assigns, of the other part. Whereas the Company is the Concessionnaire un• der the Concession dated the 5th of March, 1926, appearing in Part I of the Schedule to the Electri• city Concessions Ordinance (Laws of Palestine, cap. 52) (hereinafter called "the Concession") And whereas the Parties are desirous of introduc• ing the following variations hi the Concession so as to facilitate further investments in the undertaking of the Company, Therefore this Supplementary Concession Deed witnesses as follows: 1. In Clause 38 of the Concession, the closing pas• sage beginning with the words "and to proper pro• visions" shall be deleted. 2. In Clause 44 of the Concession, paragraph (c) shall be replaced by the following paragraph :
• Passed by the Knesset on the 10th Av, 5730 (12th August, 1970) and published in Sefer Ha-Chukkim No. 605 of the 19th Av, 5730 (21st Au• gust, 1970), p. 148 ; the Bill and an Explanatory Note were published in Hatzdot Chok No. 892 of 5730, p. 223.
154 "(c) The Government shall also pay to the Company adequate compensation for installa• tions and repairs (other than repairs required by ordinary wear and tear) effected — (1) during the 23 years immediately preced• ing the date of purchase, in cases where a rate of depreciation of 4.5 per cent is set under Clause 2 of the Financial Plan in the Second Schedule in respect of the installa• tions and repairs, or (2) during the 15 years immediately pre• ceding the date of purchase, in cases where a rate of depreciation of 7 per cent is set under the said Clause in respect of the in• stallations or repairs; if and in so far as the following obtain : (1) the installations or repairs have not already been depreciated in accordance with the provisions of the Second Schedule: (2) the installations or repairs have not been paid for out of any outstanding de• benture or other loan capital which the Government is liable to repay under the provisions of paragraph tf); (3) the installations or repairs have not been paid for out of any share capital or by a person interested in a connection, within the meaning of the Supplementary Concession Deed made on the 8th Kislev, 5724 (24th November, 1963).".
3. In Clause 46 of the Concession, the closing passage beginning with the words "And the Company shall be entitled to claim" shall be replaced by the following : "Nevertheless — (1) the Company shall be entitled to claim adequate compensa• tion for installations and repairs on the conditions prescribed in Clause 44 (c), as if the Government had purchased the under• taking at the date which the undertaking passed to the Govern• ment ;
(2) the provisions of Clause 44 (/) shall apply mutatis mutandis as if the Government had purchased the undertaking at the said date.". In witness whereof the Parties have hereto set their hands.
Minister of Development The Israel Electric For and on behalf of the State Corporation Ltd. of Israel
GOLDA MEIR GOLDA MEIR Prime Minister Prime Minister Acting Minister of Development
SHNEUR ZALMAN SHAZAR President of the State
(No. 52)
PENAL LAW AMENDMENT (BRIBERY) (AMENDMENT NO. 4) LAW, 5730—1970 *
Amendment of 1. In section 1 of the Penal Law Amendment (Bribery) Law, 5712—
the words "'and it also means an employee of a body corpo ־(! section 1. !952 rate supplying a service to the public" shall be added at the end of subsection (b).
GOLDA MEIR YAACOV S. SHAPIRO Prime Minister Minister of Justice
SHNEUR ZALMAN SHAZAR President of the State
* Passed by the Knesset on the 10th Av, 5730 (12th August, 1970) and pub lished in Sefer Ha-Chukkim No. 605 of the 19th Av, 5730 (21st August, 1970), p. 149 ; the Bill and an Explanatory Note were published in Hatzdot Chok No. 875 of 5730, p. 100. 1J Sefer Ha-Chukkim of 5712, p. 126 — LSI vol. VI, p. 32 ; Sefer Ha-Chuk kim of 5717, p. 88 — LSI vol. XI, p. 90 ; Sefer Ha-Chukkim of 5723, p. 26 — LSI vol. XVn, p. 34 ; Sefer Ha-Chukkim of 5724, p. 90 — LSI vol. XVin, p. 83.
156 (No. 53)
INSPECTION OF SCHOOLS (AMENDMENT) LAW, 5730—1970*
1. Section 36 of the Inspection of Schools Law, 5729—19691). shall Replacement of be replaced by the following section : section 36. "Transitional 36. (a) The Minister of Education and Culture may,
provisions. after consultation with the Committee on Educa• tion and Culture of the Knesset, by orders, gradually apply this Law to schools which existed immediately before its coming into force (hereinafter referred to as "existing schools"). (b) Such gradual application may be by re• gions and/or types of schools and/or types of own• ership of schools. (c) Where this Law has not been made ap• plicable to an existing school under subsection (a), it shall become applicable thereto on the 25th Elul, 5735 (1st September, 1975) : Provided that in spe• cial cases the Minister of Education and Culture may postpone the application of this Law in respect of a particular existing school; the other provisions of this section shall not derogate from this power.
GOLDA MEIR YIGAL ALON Prime Minister Minister of Education and Culture
SHNEUR ZALMAN SHAZAR President of the State
* Passed by the Knesset on the 11th Av, 5730 (13th August, 1970) and pub• lished in Sefer Ha-Chukkim No. 605 of the 19th Av (21st August, 1970), p. 150 ; the Bill and an Explanatory Note were published in Hatza'ot Chok No. 885 of 5730, p. 179. 1J Sefer Ha-Chukkim of 5729, p. 180; LSI vol. XXTir, p. 195.
157 (No. 54)
DEFENCE SERVICE (AMENDMENT NO. 6) LAW, 5730—1970 *
Amendment of In section 16 (d) of the Defence Service Law (Consolidated section 16. Version), 5719—19591). the words "Until the 1st Tishri, 5731 (1st Octoberl 1970)" shall be replaced by the words "Until the 1st Tishri, 5734 (27th September, 1973)".
Commencement. 2. This Law shall come into force on the 1st Tishri, 5731 (1st October; 1970).
GOLDA MEIR MOSHE DAYAN Prime Minister Minister of Defence
SHNEUR I ZALMAN SHAZAR President of the State
Passed by the Knesset on the 11th Av, 5730 (13th August, 1970) and pub• lished in Sefer Ha-Chukkim No. 605 of the 19th Av, 5730 (21st August, 1970). p. 150 ; the Bill and an Explanatory Note were published in Hatza'ot Chok No. 891 of 5730, p. 220. Sefer Ha-Chukkim of 5719, p. 286 — LSI vol. XIII, p. 328 ; Sefer Ha- Chukkim of 5721, p. 140 — LSI vol. XV, p. 150 ; Sefer Ha-Chukkim of 5723, p. 128 — LSI vol. XVII, p. 151 ; Sefer Ha-Chukkim of 5724, pp. 10 and 168 — LSI vol. XVIII, pp. 9 and 166 ; Sefer Ha-Chukkim of 5727, p. 113 — LSI vol. XXI, p. 112.
158 (No. 55)
ENCOURAGEMENT OF CAPITAL INVESTMENTS (AMENDMENT NO. 7) LAW, 5730—1970 *
1. In the Encouragement of Capital Investments Law, 5719— Amendment of 1959 x) (hereinafter referred to as "the principal Law"), the exprès- section 47. sion "28 per cent" in section 47 (a) shall be replaced by the expres• sion "33 per cent".
2. Section 1 shall apply to enterprises or enlargements approved Scope of under the principal Law after the coming into force of this Law. In application, the case of an enlargement approved as aforesaid of any enterprise, the chargeable income shall be calculated, mutatis mutandis, in ac• cordance with the rules prescribed by section 74 of the principal Law.
GOLDA MEIR YAACOV S. SHAPIRO YAACOV S. SHAPIRO Prime Minister Minister of Justice Minister of Justice Acting Minister of Acting Minister Commerce and of Finance Industry
SHNEUR ZALMAN SHAZAR President of the State
* Passed by the Knesset on the 30th Av, 5730 (1st September, 1970) and published in Sefer Ha-Chukkim No. 606 of the 2nd Elul, 5730 (3rd Sep• tember, 1970), p. 152 ; the Bill and an Explanatory Note were published in Hatzdot Chok No. 898 of 5730, p. 268. 1J Sefer Ha-Chukkim of 5719, p. 234 — LSI vol. XIII, p. 258 ; Sefer Ha- Chukkim of 5729, p. 242.— LSI vol. XXni, p. 267. (No. 56)
ENCOURAGEMENT OF INDUSTRY (TAXES) (AMENDMENT) LAW, 5730—1970*
Amendment of 1. In section 19 of the Encouragement of Industry (Taxes) Law, section 19. 5729—1969 1). (hereinafter referred to as "the principal Law"), the expression "15 agorot" shall be replaced by the expression "10 agorot".
Applicability and 2. (a) Section 1 shall apply from the tax year 1971 onwards, transitional J
provision. ^ jn the {ax year m^ ^ ratg Qf t&% undef section 19 of the principal Law shall be 12 1/2 agorot in respect of every pound.
GOLDA MEIR Yaacov S. Shapiro Prime Minister Minister of Justice Acting Minister of Finance
SHNEUR ZALMAN SHAZAR President of the State
* Passed by the Knesset on the 30th Av, 5730 (1st September, 1970) and published in Sefer Ha-Chukkim No. 606 of the 2nd Elul, 5730 (3rd Sep• tember, 1970), p. 152 ; the Bill and an Explanatory Note were published in Hatza'ot Chok No. 898 of 5730, p. 269. i) Sefer Ha-Chukkim of 5729, p. 232 ; LSI vol. XXIII, p. 253.
160 (No. 57)
, INCOME TAX ORDINANCE (AMENDMENT NO, 15) LAW. 5730—1970*
1. In section 91 (a) of the Income Tax Ordinance1) — (hereinafter Amendment of referred to as "the Ordinance"), the expression "25 agorot" shall be section 91. replaced by the expression "32 1/2 agorot".
2. In section 124 of the Ordinance, the expression "25 per cent" Amendment of shall be replaced by the expression "32 1/2 per cent". section 124.
3. In section 125A of the Ordinance, the expression "25 per cent" Amendment of shall be replaced by the expression "32 1/2 per cent". section 125A•
4. In section 126 (a) of the Ordinance, the expression "30 agorot Amendment of shall be replaced by the expression "35 agorot". section 126.
5. In section 128 of the Ordinance — Amendment of section 128. '•' (1) the marginal note shall be amended to read "Tax on spe• cial income of body of persons" ; (2) in the first subsection, the expression "twelve-and-ajhalf agorot" shall wherever appearing be replaced by the expression "sixteen-and-a-quarter agorot" and the expressions "25 agorot" and "25 per cent" shall respectively be replaced by the expres• sions "32 1/2 agorot" and "32 1/2 per cent".
6. In section 161 of the Ordinance — Amendment of section 161. (1) subsection (a) shall be replaced by the following sub• section : "(a) A body of persons which is resident in Israel and which pays interest on debentures or dividend on shares or an authorised dealer, within the meaning of the Defence (Finance) Regulations, 19412), who receives from a non• resident interest or dividend as aforesaid for or in favour of a resident shall deduct tax therefrom at the rate of 25 per cent and shall pay to the Assessing Officer, within one
• Passed by the Knesset on the 30th Av, 5730 (1st September, 1970) and published in Sefer Ha-Chukkim No. 606 of the 2nd EIul, 5730 (3rd Sep• tember, 1970, p. 153 ; the Bill and an Explanatory Note were published in Hatzdot Chok No. 898 of 5730, p. 270. *) Dinei Medinat Yisrael (Nusach Chadash) No. 6 of 5721, p. 120 — NV vol. I, p. 145 ; Sefer Ha-Chukkim of 5728, p. 171 — LSI vol. XXII, p. 193 ; Sefer Ha-Chukkim of 5730, p. 130 —- supra, p. 136. 2) P.G. No. 1138, Suppl. H, p. 1647 (English Edition); Sefer Ha-Chukkim of 5728, p. 165 — LSI vol. XXII, p. 188.
161 week from the day on which the interest or dividend is paid or received, the amounts deducted by it.or him, accom• panied by a return; it or he shall also at the time of the deduction give the recipient of- the interest or dividend or the person for whom or in whose favour the interest or dividend is received a certificate indicating the amounts '- paid or received and the tax deducted. In this section, "tax" does not include company tax.". (2) in subsection (b), the words "or of the person for whom or in whose •favour the interest or dividend is received" shall be inserted after the word "dividend".
Applicability 7. (a) Section 4 shall apply from the tax year 1971 onwards. and temporary provision. (b) In respect of the tax year 1970, the rate of the tax under section 126 (a) of the Ordinance shall be 33 agorot per pound.
GOLDA MEIR YAAKOV S. SHAPIRO Prime Minister Minister of Justice Acting Minister of Finance
SHNEUR ZALM'AN SHAZAR President of the State
162 (No. 58)
DEFENCE IMPOST (AMENDMENT NO. 2) LAW, 5730—1970 *
1. In section 4 of the Defence Impost Law, 5727—1967 x) (herein- Amendment of after referred to a "the principal Law"), the expression "under sec- section 4. tions 126 and 128" shall be replaced by the expression "under section 126".
2. Section 5 of the principal Law shall be re-marked as section Amendment of 5 (a), and the following subsection shall be inserted thereafter: section 5. "(b) Defence impost on income to which section 124 or 125A of the Ordinance applies shall be 7.5 per cent.".
GOLD A MEIR YAAKOV S. SHAPIRO Prime Minister Minister of Justice Acting Minister of Finance
SHNEUR ZALMAN SHAZAR President of the State
* Passed by the Knesset on the 30th Av, 5730 (1st September, 1970) and published in Sefer Ha-Chukkim No. 606 of the 2nd Elul, 5730 (3rd Sep• tember, 1970), p. 154 ; the Bill and an Explanatory Note were published in Hatza'ot Chok No. 898 of 5730, p. 269. J) Sefer Ha-Chukkim of 5727, p. 71 — LSI vol. XXI, p. 73 ; Sefer Ha- Chukkim of 5730, p. 30 — supra, p. 26.
163 (No. 59)
׳ ,FOREIGN TRAVEL TAX (AMENDMENT NO. 5) LAW 1970—5730*
Amendment of 1. In section 3 (b) of the Foreign Travel tax, 5711—19501). the
section 3. words »with an addition of 350 pounds"'shall be replaced by the words "with an addition of 500 pounds".
GOLDA MEIR YAACOV S. SHAPIRO Prime Minister '. Minister of Justice Acting Minister of Finance
SHNEUR ZALMAN SHAZAR President of the State
* Passed by the Knesset on the 30th Av, 5730 (1st September, 1970) and published in Sefer Ha-Chukkim No. 606 of the 2nd Elul, 5730 (3rd Sep tember 1970), p. 154; the Bill and an Explanatory Note were published in Hatzdot Chok'No. 898 of 5730, p. 270. i) Sefer Ha-Chukkim of 5711, p. 12 — LSI vol. V, p. 12 ; Sefer Ha-Chukkim of 5713, p. 104 — LSI vol. VII, p. 85 ; Sefer Ha-Chukkim of 5721, p. 54 — LSI vol. XV, p. 49 ; Sefer Ha-Chukkim of 5722, p. 38 — LSI vol. XVI, p. 28 ; Sefer Ha-Chukkim of• 5729, p. 138 — LSI vol. XXIII, p. 151.
164 BUDGET LAWS
BUDGET (1969/70) (No. 2) LAW, 5730—1969 *
1. In addition to the amounts which it is authorised to expend Additional under the Budget (1969/70) Law, 5729—1969*) (hereinafter referred Secunty Budget to as "the principal Law"), the Government is authorised to expend i%9pQC&I in the financial year 1969/70 for the Security Budget, within the meaning of section 4 of the principal Law, an amount of 75,000,000 pounds (hereinafter referred to as "the Additional Security Budget").
2. In section 2 of the principal Law, the expression "8,148,900,000 Amendment of e 2 e pounds" shall be replaced by the expression "8,223,900,000 pounds". p ££a ,^
3. The provisions of section 4 of the principal Law shall apply to Application of the Additional Security Budget. principal Law.
4. The Minister of Finance is charged with the implementation of Implementation, this Law.
5• This Law shall have effect from the date of the coming into Commencement, force of the principal Law.
GOLDA MEIR PINCHAS SAPIR Prime Minister Minister of Finance
SHNEUR ZALMAN SHAZAR President of the State
* Passed by the Knesset on the 7th Tevet, 5730 (16th December, 1969) and published in Chukkei Taktziv No. 50 of the 15th Tevet, 5730 (24th De• cember, 1969), p. 310 ; the Bill and an Explanatory Note were published in Chukkei Taktziv (Hatza'ot) No. 47, p. 18. i) Chukkei Taktziv No. 49, p. 3; LSI vol. XXIII, p. 317. .
165 BUDGET (1969/70) (No. 3) LAW, 5730—1970 *
Second Addi• 1. In addition to the amounts which it is authorised to expend tional Budget under the Budget (1969/70) Law, 5729—1969a) (hereinafter referred for the year 1969/70. to as "the principal Law") and the Budget (1969/70) (No. 2) Law, 5730—1969a), the Government is authorised to expend in the finan• cial year 1969/70 an amount of 325,000,000 pounds (hereinafter re• ferred to as "the Second Additional Budget").
Amendment of 2. In section 2 of the principal Law, the expression "8,223,900,000 section 2 of pounds" shall be replaced by the expression "8,548,900,000 pounds". principal Law.
Details of 3. The breakdown of the Second Additional Budget into heads, sub• Second Addi• heads and items of expenditure shall be as set out in the Schedule to tional Budget. this Law.
Application of 4. The provisions of the principal Law, except section 16, shall principal Law. apply also to the Second Additional Budget.
Commencement. 5. This Law shall have effect from the date of the coming into force of the principal Law.
SCHEDULE
IL. TOTAL OF SECOND ADDITONAL BUDGET 325,000,000 Part A — Ordinary Expenditure 06 Ministry of Defence 150,000,000 27 Encouragement of Exports and Develop• ment of Foreign Markets 25,000,000 2701 Encouragement of Industrial Exports 15,000,000 102/43 Tax Refund on Export Input Not Included in Drawback Arrangements .... 15,000,000 2702 Encouragement of Agricultural Exports . 10,000,000 102/43 Tax Refund on Export Input Not Included in Drawback Arrangements .... 10,000,000
* Passed by the Knesset on the 18th Adar Bet, 5730 (26th March, 1970) and published in Chukkei Taktziv No. 51 of the 22nd Adar! Bet, 5730 (30th March, 1970), p. 312 ;the Bill and an Explanatory Note were published in Chukkei Taktziv (Hatza'ot) No..49 of 5730, p. 18. *) Chukkei Taktziv No. 49, p. 3 ; ¿5/ vol. XXIII, p. 317. 2) Chukkei Taktziv No. 50, p. 310; supra, p. 165.
166 Part C — Expenditure for Development Budget 70 Housing 150,000,000 7001 Immigrant Housing Scheme of Earlier Years 004/05 200 Dwelling Units at 22,500 pounds . . 1,000,000 1969/70 Scheme 007/04 Addition of 4,500 Dwelling Units at IL. 26,750 — Scheme in the Amount of IL. 120,400,000 40,000,000 008/04 Addition of 2,750 Dwelling Units at IL. 34,100 — Scheme in the Amount of IL. 93,750,000 43,000,000 011/04 Addition of 300 Dwelling Units for the Absorption of Immigrants in Young Kib• butzim and in Settlements in Process of Consolidation — Scheme in the Amount of IL. 4,000,000 3,000,000 316/04 Participation in Acquisition of 3,350 Addi• tional Dwelling Units for Immigrants from Affluent Countries — Scheme in the Amount of IL. 100,750,000 17,000,000 318/04 800 Dwelling Units in Hostels and Absorp• tion Centres ; Hebrew Language Schools ; Building in Settlements — Scheme in the Amount of IL. 31,500,000 5,000,000 1970/71 Scheme 014/04 Construction of 2,000 Dwelling Units — Scheme in the Amount of IL. 61,500,000 . 10,000,000 015/04 Construction of 1,000 Dwelling Units, by Means of Orders Placed with Contractors and Companies — Scheme in the Amount of IL. 29,000,000 5,000,000 325/04 Acquisition of 1,000 Dwelling Units from Contractors and Companies, at IL.29,000 — Scheme in the Amount of IL.29,000,000 24,000,000 7035 Development and Various Enterprises Scheme of Earlier Years 002/03 Provision of Infrastructure 2,000,000
GOLDA MEIR PINCHAS SAPIR Prime Minister Minister of Finance
SHNEUR ZALMAN SHAZAR President of the State
167 INTERIM BUDGET (1970/71) LAW, 5730—1970*
Interim Budget. 1. The Government is authorised to expend in the period from the 24th Adar Bet, 5730 (1st April, 1970) to the 9th Nisan, 5730 (15tb April, 1970) an amount of 356,204,100 pounds (hereinafter referred to as "the Interim Budget").
Breakdown of 2. The Interim Budget shall.be divided into parts, heads of ex- Interim Budget, penditure, subheads of expenditure and items of expenditure, within the meaning of section 3 (b) of the Budget (1969/70) Law, 5729— 1969J) (hereinafter referred to as "the Budget Law"), which shall be equal to the twenty-fourth part of the parts, heads of expendi• ture, subheads of expenditure and items of expenditure set out in the First and Third. Schedules to the Budget Law, the Budget (1969/70) (No. ;2) Law, 5730—1969 2), and the Budget (1969/70) (No. 3) Law, 5730—1970 3).
Earmarked 3. In addition to the amount of the Interim Budget which it is Revenue. authorised to expend under section 1, the Government is authorised to expend in the period stated in that section the twenty-fourth part of the amounts of earmarked revenue specified in the Second Sched• ule to the Budget Law, to the extent that they have been received.
Implementation. 4. The Minister of Finance is charged with the implementation
of this Law. , . ' r
Commencement. 5. This Law shall come into force on the 24th Adar, 5730 (1st April, 1970).
GOLDA MEIR PINCHAS SAPIR Prime Minister Minister of Finance
SHNEUR ZALMAN SHAZAR President of the State
* Passed by the Knesset on the 18th Adar Bet (26th March, 1970) and pub• lished in Chukkei Taktziv No. 51 of the 22nd Adar Bet, 5730 (30th March, 1970) p. 314 ; the Bill and an Explanatory Note were published in Chukkei Taktziv (Hatzdot) No. 49 of 5730, p. 20. 1J Chukkei Taktziv No. 49, p. 3 ; LSI vol. XXIII, p. 317.' 2) Chukkei Taktziv No. 50, p. 310; supra, p. 165. 3) Chukkei Taktziv No. 51, p. 312 ; supra, p. 166.
168 BUDGET (1970/71) LAW, 5730—1970*
1. The Government is authorised to expend in the financial year Budget for the beginning the 24th Adar Bet, 5730 (1st April, 1970) and ending the vear 1970/71. 5th Nisan, 5731 (31st March, 1971) (hereinafter referred to as "the financial year 1970/71") an amount of 9,874,500,000 pounds (herein• after referred to as "the Budget").
2. Notwithstanding the provision of section 1, the Government Additional may expend in the financial year 1970/71, with the prior approval expenditure, of the Finance Committee of the Knesset (hereinafter referred to as "the Committee"), additional amounts for purposes prescribed by the Committee, provided that it appears to the Committee that the amounts necessary to cover the additional expenditure will be received.
3. (a) The breakdown of the amount of the Budget into parts, Breakdown of and of each part into heads, subheads and items of expenditure Bud8et• shall be as set out in the First Schedule. (b) In this section and thereafter in this Law — (1) "head of expenditure" means every amount of expen• diture marked with two figures; (2) "subhead of expenditure" means every amount of ex• penditure or reduction of expenditure marked with four figures; (3) "item of expenditure" means every amount of expen• diture or reduction of expenditure within a subhead of expenditure,
4. (a) The Committee shall, upon the proposal of the Govern- Amounts to be ment, decide upon the apportionment of the amounts appropriated apportioned, under head of expenditure 28 and shall prescribe the amounts to be appropriated therefrom — . (1) to the Security Budget; (2) to the Special Reserve. (b) The amount appropriated under subsection (a) to the Security Budget, together with the amount appropriated under head of expenditure 06, "Ministry of Defence", is hereinafter referred to as "the Security Budget". The breakdown of the Security Budget into subheads of expenditure and items of expenditure shall be pre• scribed by the Committee upon the proposal of the Government.
* Passed by the Knesset on the 8th Nisan, 5730 (14th April, 1970) and pub• lished in Chukkei Taktziv No. 52 of the 26th Iyar, 5730 (1st June, 1970), p. 3 ; the Bill and an Explanatory Note were published in Chukkei Taktziv (Hatza'ot) No. 48 of 5730, p. 2. (c) The Minister of Finance may, with the approval of the Committee, prescribe the purposes for which the amounts appro• priated under head of expenditure 37, "Special Reserve", including the amounts appropriated to that Reserve under subsection (a) and those transferred to it under section 8 (f), shall be used.
Earmarked 5. In addition to the amounts which it is authorised to expend revenue. under sections 1 and 2, the Government may expend in the finan• cial year 1970/71 every one of the amounts of estimated revenue set out in the Second Schedule, and in the Second Schedule to the Secu• rity Budget, so long as the amount expended for a particular pur• pose does not exceed the actual amount of revenue received for that purpose not later than two months from the expiration of the finan• cial year. If the Minister of Finance considers that any of the amounts of revenue set out in the Second Schedule or in the Second Schedule to the Security Budget will exceed the estimate or that any additional revenue, outside the said amounts of estimated re• venue, will be received, he may, by notice to the Committee, permit the additional amounts to be expended for the purposes for which the additional revenue was received; however, an amount exceed• ing 200,000 pounds shall not be expended for any one purpose with• out the prior approval of the Committee.
Surplus 6. (a) If the transferred revenue from purchase tax exceeds transferred 30,200,000 pounds, the Government may expend the excess revenue until the expiration of six months after the financial year 1970/71 for the purpose set out in head of expenditure 40; the same applies if the transferred revenue from vehicle licence fees exceeds 27,200,000 pounds. (b) In this section, "transferred revenue from purchase tax" means 5 per cent of the total amount of revenue received as pur• chase tax, and "transferred revenue from vehicle licence fees" means 40 per cent of the total amount of revenue received as vehicle li• cence fees.
Business 7. (a) In addition to the amounts which it is authorised to ex- Enterprises pend under sections 1, 2, 5 and 6, the Government may expend in
Budget. tne financial year !970/71 the amount specified in the second part of the Third Schedule and the amount specified in the second part of the Third Schedule to the Security Budget (such two amounts together hereinafter referred to as "the Business Enterprises Budget"). The breakdown of the Business Enterprises Budget into heads, sub• heads and items of expenditure shall be as set out in those parts. (b) The estimated revenue of the State to cover the Business Enterprises Budget for the financial year 1970/71 shall be as set out in the first part of the Third Schedule. (c) If the Minister of Finance considers that any of the amounts of revenue set out in the first part of the Third Schedule
170 will exceed the estimate, or that any additional revenue, outside the said amounts of estimated revenue, will be received, he may, by no• tice to the Committee, prescribe the purposes for which the addi• tional amounts of revenue shall be expended : Provided that an additional amount exceeding 200,000 pounds shall not be expended without the prior approval of the Committee. (d) Notwithstanding the provision of section 13 (b), an amount appropriated under the Business Enterprises Budget to the payment of the consideration for any work, service or property shall be deemed to have been expended when the work has been carried out or the service or property for which it is intended to be paid has been received. (e) In this section, "revenue" includes the value of the serv• ices rendered and property supplied in the financial year 1970/71.
8. (a) Upon the proposal of the person in charge of any head Variations, of expenditure in any Schedule, except the head of expenditure of the Knesset, the Minister of Finance may — (1) transfer, by notice to the Committee, any amount from one subhead to another subhead of that head of expend• iture : Provided that the aggregate of the amounts trans• ferred from one subhead to another shall not without the approval of the Committee exceed 100,000 pounds; (2) transfer any amount from one item to another or a newly-added item of the same subhead of that head of ex• penditure : Provided that the aggregate of the amounts transferred from one item to another or a newly-added item shall not without the approval of the Committee exceed 400,000 pounds. (b) Upon the proposal of the person in charge of any head of expenditure, the Minister of Finance may increase the amount of expenditure under any item of that head by any amount added to the appropriation serving under this Law to finance that item or may add a new item formed by an amount added as aforesaid : Provided that — (1) the aggregate of the amounts added to any item shall not without the approval of the Committee exceed 400,000 pounds; (2) no item shall be added as aforesaid save for the financ• ing of purchases, services or property or for the carrying out of joint activities financed out of different heads of expenditure. (c) For the purposes of this section and the later part of this Law, the person in charge of a head of expenditure shall be — (1) in respect of the Office of the President of the State — the person appointed in that behalf by the President; (2) in respect of any other head of expenditure — the Min• ister designed at in that behalf by the Government or the person appointed in that behalf by that Minister. (d) In the head of expenditure of the Knesset, the Committee may, upon the proposal of the Chairman of the Knesset, transfer any amount from one subhead or item to another or to a newly- added item. (e) The Minister of Finance may, by notice. to the Com• mittee — (1) transfer any amount from one head or subhead of ex• penditure set out in the First Schedule to another in so far as such is required by changes in the structure or functions of Government Ministries : Provided that the amounts transferred as aforesaid shall be expended for the purposes to which they were appropriated; the same shall apply in the event of changes in the structure or functions of busi• ness enterprises; (2) vary the marking of heads, subheads and items of ex• penditure : Provided that there shall be no change in the purpose to which the amount was appropriated and that an amount defined as an item or subhead shall not be defined as a head, or vice versa. (f) The Minister of Finance may, in consultation with the Committee, transfer to head of expenditure 37, "Special Reserve" — (1) any amount from an item relating to the payment of a wage or salary or relating to building or earthworks; (2) any amount from an item appearing under the head• ing "Operation", "Non-Recurrent Expenditure" or "Admi• nistration and Organisation".
Use of reserve. 9. The Minister of Finance may, by notice to the Committee, pre• scribe the purposes for which the amounts of the General Reserve set out in head of expenditure 25 shall be used. The same shall apply with regard to the amounts of the Reserve for Development Expen• diture set out in head of expenditure 83 : Provided that they shall only be expended for the purposes of heads of expenditure set out in Part C of the First Schedule.
Use of surpluses 10. (a) Where a surplus remains under any of the heads of expen- 1 of 1969/70 diture set out m the Budget (1969/70) Law, 5729—1969 ). the Min-
Budget. jster of pmance may permit such surplus to be used, within three
i) Chukkei Taktziv No. 49 of 5729, p. 3 ; LSI vol. XXIII, p. 317.
172 months from the expiration of the financial year 1969/70, for the purpose to which it was appropriated or — having regard to the pro• visions of section 8 of the said Law — for another purpose within the scope of that head of expenditure. (b) Where a surplus as referred to in subsection (a) remains after the expiration of three months from the expiration of the finan• cial year 1969/70, the Minister of Finance may, with the prior approv• al of the Committee, permit such surplus to be used until the expiration of the financial year 1970/72 for a purpose within the scope of the same head of expenditure. (c) Where a surplus remains under any of the items appearing in the Budget (1969/70) Law, 5729—1969, and enumerated in the Fourth Schedule (such enumeration hereinafter referred to as the "Spe• cial Surpluses List"), the Minister of Finance may permit such sur• plus to be used, within three months from the expiration of the finan• cial year 1969/70, for the purpose to which it was appropriated. (d) Where a surplus as referred to in subsection (c) remains after the expiration of three months from the expiration of the finan• cial year 1969/1970, the Minister of Finance may, with the prior ap• proval of the Committee, permit such surplus to be used until the ex• piration of the financial year 1970/71 for the purpose to which it was appropriated. (e) The Minister of Finance may, with the prior approval of the Committee, add items to the Special Surpluses List. (f) Where the use of a surplus has been permitted under sub• section (a), (b), (c), or (d), the amount permitted to be expended shall be added to the Budget for the financial year 1970/71 as if it were a part thereof.
11. The amounts which the Government is authorised to expend Inclusion of under this Law include the amounts which it has been authorised to Interim Budget, expend under the Interim Budget (1970/71) Law, 5730—19701).
12. Within eleven months after the expiration of the financial year Report of 1970/71, the Minister of Finance shall submit to the Committee a revenue and report of the revenue collected and expenditure incurred under the exPendlture• Budget and Business Enterprises Budget for that financial year. The report shall be drawn up in a form enabling a comparison of the ex• penditure incurred with the heads and subheads of expenditure.
13. (a) An amount appropriated shall be deemed to have been ex- Appropriated pended when the person entitled to such amount has been sent a amount deemed notification that his account with the Accountant-General has been i°be credited therewith. expend.ture.
*) Chukkei Taktzh No. 51 of 5730, p. 313 ; supra, p. 168. (b) An amount appropriated to the payment of the considera• tion for any work, service or property shall be deemed to have been expended when the work has been carried out or the service or prop• erty for which it is intended to be paid has been received, provided that it is paid by the expiration of two months from the expiration of the financial year. (c) In this section, "property" means immovable and movable property and the lease or hire thereof.
Schemes. 14. (a) Wherever in the title of any item or subhead in the First Schedule or Third Schedule any amounts are described as a "scheme" or "scheme of obligations" (each hereinafter referred to as a "scheme"), the Government may only act or incur obligations within the limits of those amounts. (b) Upon the proposal of the person in charge of any head of expenditure, the Minister of Finance may, with the approval of the Committee, increase the amounts referred to in subsection (a). (c) The Minister of Finance may, with the prior approval of the Committee, add a new scheme. (d) Upon the proposal of the person in charge of any head of expenditure, the Minister of Finance may, by notice to the Committee, transfer any amount from one scheme to another, or to a new scheme, under that head of expenditure: Provided that the aggregate of the amounts transferred from one scheme to another or to a new scheme shall not without the approval of the Committee exceed 1,000,000 pounds. (e) Within four months from the expiration of the financial year 1970/71, the person in charge of any head of expenditure shall submit to the Minister of Finance a report of the obligations incurred by him under a scheme. The report shall be drawn up in a form en• abling a comparison of the obligations actually incurred with the scheme.
Implementation. 15. (a) The Minister of Finance is charged with the implementa• tion of this Law and may make regulations as to any matter relating to such implementation. (b) The Minister of Finance may delegate any of his powers under his Law, including the power to make regulations prescribing rules for the fiscal administration and accountancy of the State, but not including the power to make regulations with legislative effect.
Commencement. !6. This Law shall have effect from the 27th Adar Bet, 5730 (1st April, 1970).
Publication 17. This Law shall be published in Reshumot within two months
of Law. from me date of its adoption by the Knesset.
174 IL. REVENUE GRAND TOTAL 9,87430,000 Part A Ordinary Revenue * 7,375,800,000 B Transferred Revenue ...... 191,200,000 C Revenue from Counterpart Funds, Loans and and Collections — for the Development Bud get, the Payment of Debts and Special Expenditure 2,307,500,000
Part A — Ordinary Revenue 7,375,800,000 Taxes, Fees for Licences and Services . . 4,991,800,000 01 Income Tax 2,393,000,000 03 Land Appreciation Tax . . : . . 26,000,000 04 Property Tax and Compensation Fund . . 220,000,000 05 Transferred to War Damage Compensation Tax Fund (—)60,000,000 06 Estate Duty 9,000,000 11 General Customs 832,000,000 265,000000״ . . . (Fuel (including Equalisation Fund 12 13 Purchase Tax 724,800,000 14 Excise Duty 220,000,000 (1) Tobacco ... 125,000,000 (2) Liquors .... 30,000,000 (3) Cement 65,000,000 15 Foreign Travel Tax 52,000,000 16 , Revenue Stamp Duty 110,000,000 (1) Stamp Duty . . . 108,000,000 (2) Tickets of Admission to Entertainments . . 2,000,000 21 . Defence Stamp Impost 99,000,000 22 Land Registry 29,000,000 23 Licence Fees and Other Fees .... 105,800,000 (1) Fees of Ministry of Justice .... 31,000,000
(2) Vehicles . . s . 40,800,000 (3) Driving 12,000,000 (4) Licence Fees and other Fees of Various Government Ministries . 22,000,000 24 Sundry Taxes 100,000,000 Revenue Transferred to Part B . . . . (—)133,800,000
175 Collections o/a Interest 289,100,000 27 Interest . . 183,000,000 28 Interest from Business Enterprises and Economic Units ...... 106,100,000 (1) Postal Enterprises . . 57,100,000 (2) Trading Account (Food) 15,000,000 (3) Israel Railways . . 6,649,000 (4) Lod Airport . . . 3,602,000 (5) Water Projects'. \ . 20,200,000 • (6) Broadcasting Authority . 1,600,000 (7) Economic Units . . 1,949,000
Sundry Revenue . . . . . 195,086,000 31 Profits of Bank of Israel ..... 50,000,000 34 Royalties from Postal Enterprises . . . 60,000,000 35 Allocations by Business Enterprises and Eco nomic Units for Pensions and Compensation 40,785,800 ־. Postal Enterprises •. 24,826,000 (1) (2) Israel Railways . . . 4,172,300 (3) Israel Lands Administration . . 964,000 (4) Lod Airport . . . 1,228,000 (5) Public Works Department 3,595,000 (6) Economic Units . . 6,000,000 36 Revenue Transferred o/a Pensions and ׳. (—)Compensation (to Part C) . . . 20,000,000 37 Repayments o/a Budget of Earlier Years 10,000,000 38 Donations, Sundries and Revenue from Sundry Services ...... 54,300,200 National Defence Loan ... . . 400,000,000 Revenue Transferred from Part C . . . 1,499,814,000
Part B — Transferred Revenue . . . . . 191,200,000 13 Purchase Tax 30,200,000 23 Vehicle Licences (40 p.ct.)' , 27,200,000 Property Tax '. '. '. ... . 133,800,000 Part C — Revenue from Counterpart Funds, Loans and Collections — for the Development Budget, the Payment of Debts and Special Expenditure . ... . '. • • 2,307,500,000 43 Development Loans and ,Food Surpluses from the U.S. Government 245,000,000 44 Foreign Loans Counterpart Fund . . . 780,500,000 45 Collections o/a Loans (Principal) . . . 367,000,000 46 Revenue o/a Depreciation 55,264,000 (1) From Postal Enterprises 34,775,000 (2) From Israel Railways . 2,564,000 (3) From Aerodromes . 5,850,000 (4) From Water Projects . 6,500,000 (5) From P.W.D. . . 2,315,000 (6) From Broadcasting Authority .... 1,560,000 (7) From Other Economic Units 1,700,000 47 Repayments o/a Participation in Invest• ments — from Postal Enterprises . . . 29,100,000 48 Revenue of Israel Lands Administration . 32,550,000 49 Loan for Productive Investments — from National Insurance Institute . . . ' . 505,600,000 50 Loan from War Damage Compensation Tax ; Fund 60,000,000 52 Absorption Loan 7,000,000 53 Internal Loans from Emissions and Banks 615,000,000 56 Savings Loan 440,000,000 54 Revenue Transferred o/a Pensions and Compensation (from Part A) . . . . 20,000,000 55 Advance Payments from Bank of Israel . 650,000,000 Revenue Transferred to Part A . . .(—)1,499,814,000
FIRST SCHEDULE
1L.
EXPENDITURE GRAND TOTAL 9,874,500,000 Part A Ordinary Expenditure ...... 7,375,800,000 B Transferred Expenditure 191,200,000 C Expenditure for Development Budget and Payment of Debts; Special Expenditure . 2,307,000,000
Part A — Ordinary Expenditure . . . 7,375,800,000 Expenditure for Ministries . . . . . 5,640,300,000
01 President of the State and President's Office 800,000 02 Knesset 7,400,000 03 Government Members 800,000 04 Prime Minister's Office . . . . . 27,750,000 44 Atomic Energy Commission .... 47,550,000 24 Contribution to Budget of Broadcasting Authority ...... 1,000,000 05 Ministry of Finance 99,000,000 06 Ministry of Defence 3,702,450,000 209,150,000 ־ " . Ministry of Health 07 34 Ministry of Posts 500,000 08 Ministry of Religious Affairs .... 22,150,000 09 Ministry of Foreign Affairs .... 83,400,000 10 Ministry of Education and Culture . . . 524,300,000 11 Ministry of Agriculture 49,650,000 39 Ministry of Immigrant Absorption . . . 19,500,000 13 Ministry of Commerce and Industry . . 54,000,000 15 Ministry of Police ...... 145,500,000 16 Ministry of Justice 27,000,000 17 Ministry of Social Welfare 60,650,000 18 Ministry of Labour 87,600,000 38 National Insurance Institute .... 122,300,000 19 Ministry of Development 3,300,000 20 Ministry of the Interior 16,100,000 30 Ministry of the Interior — Local Authorities 48,100,000 21 State Comptroller's Office . . . . . 7,980,000 36 Ministry of Housing 6,650,000 22 Ministry of Transport ...... 22,260,000 12 Contribution to Railways Budget . . . 11,000,000 32 Grants and Repayments to Transport . . 6,450,000 14 Ministry of Tourism 12,430,000 23 Pensions to War Invalids and Nazi Persecu tion Invalids 34,000,000 Benefits and Compensation 65,000,000 ־ 33 25 General Reserve ...... 54,580,000
26 Subsidies for the Encouragement of Agri cultural Production and for the Reduction of the Prices of Essential Commodities and Services 269,000,000 27 Encouragement of Exports and Develop ment of Foreign Markets 299,000,000
28 Special Budgets ...... 190,000,000
178 37 42,500,000
29 925,000,000
31 10,000,000
Part B — Transferred Expenditure . 191,200,000
40 191,200,000
Part C — Expenditure for the Develop• ment Budget and the Payment of Debts; 2,307,500,000
Expenditure for Development Schemes . 1,363,500,000 50 46,200,000 53 57,920,000 56 32,745,000 58 1,955,000 63 112,000,000 65 97,040,000 68 107,000,000 70 626,000,000 72 Development and Rehabilitation of Roads 54,400,000 74 Buildings for Public and Government 119,190,000 Medical Institutions . . . 25,500,000 Social Welfare Institutions . 3,400,000 Educational Institutions . . 32,500,000 Institutions of Higher Education 38,500,000 Vocational Training . . . 5,100,000 Homes for Working Women's Children 400,000 Religious Institutions . . 1,000,000 Law Courts 1,100,000 Police and Prisons . . . 4,250,000 Government Buildings . . 7,440,000 76 Loans to Local Authorities 17,000,000 78 Tourism 19,000,000 79 24,750,000 80 Petroleum Pipelines and Drillings . 17,000,000 83 Reserve for Development Expenditure . 34,730,000 Payment of Debts and Special Expenditure 944,000,000 84 Payment of Debts 939,000,000 85 Supplies, Budgetary Funds for Short-Term Financing 5,000,000
(The remainder of the First Schedule, containing the further breakdown of the expenditure side of the Bud• get, and the Second, Third and Fourth Schedules, for the subject matter of which see sections 5, 7, and 10, respectively, of this Law are omitted in this translation).
GOLDA MEIR PINCHAS SAPIR Prime Minister Minister of Finance
SHNEUR ZALMAN SHAZAR President of the State BUDGET (1970/71) (No. 2) LAW, 5730—1970*
1. In addition to the amounts which it is authorised to expend Additional Budget for under the Budget (1970/71) Law, 5730—1970 *) (hereinafter referred the year to as "the principal Law"), the Government is authorised to expend in 1970/71. the financial year 1970/71 an amount of 1,175,000,000 pounds (here• inafter referred to as "the Additional Budget").
2. The breakdown of the Additional Budget into parts, and of each Breakdown part into heads, subheads and items of expenditure, shall be as set out °f Additional . c L J i Budget. in the Schedules. 3. The provisions of the principal Law, except section 17 thereof, Application of shall apply also to the Additional Budget. principal Law.
4. This Law shall have effect from the date of the coming into Commencement, force of the principal Law.
ESTIMATED REVENUE FOR ADDITIONAL EXPENDITURE BUDGET FOR THE FINANCIAL YEAR 1970/71
REVENUE
Additional Budget for the Year 1970/71 IL. GRAND TOTAL 1,175,000,000 Part A —Ordinary Revenue 1,127,450,000 Part C — Revenue from Counterpart Funds, Loans and Collections, for the Development Bud• get, the Payment of Debts and Special Expenditure 47,550,000
Part A—Ordinary Revenue 1,127,450,000 Taxes; Fees for Licences and Services . . 400,000,000 — Income Tax 100,000,000 — General Customs 241,000,000
• Passed by the Knesset on the 30th Av, 5730 (1st September, 1970) and published in Chukkei Taktziv No. 53 of the 9th Elul, 5730 (10th Septem• ber, 1970), p. 304 ; the Bill and an Explanatory Note were published in Chukkei Taktziv (Hatza'ot) No. 50, p. 23. *) Chukkei Taktziv No. 52, of 5730, p. 3 ; supra, p. 169.
181 13 — Purchase Tax ...... 41,000,000 14 — Excise Duty 10,000,000 (1) Tobacco .... 10,000,000 ־ . . . Foreign Travel Tax . . . 8,000,000 — 15 Transferred from. Part C 727,450,000 Part C — Revenue from Counterpart Funds, Loans and Collections, for the Development Budget, the Payment of Debts and Special Expen diture 47,550,000 43 — Development Loans and Food Surpluses from the U.S. Government 63,000,000 44 — Foreign Loans Counterpart Fund . . . 697,000,000 47 — Repayments o/a Contribution to Invest ments, from Postal Enterprises .... 15,000,000 55 — Transferred from Part A (—)727,450,000
ADDITIONAL EXPENDITURE BUDGET FOR THE FINANCIAL YEAR 1970/71
(FIRST SCHEDULE)
Additional Budget for the Year 1970/71 IL. GRAND TOTAL 1,175,000,000 Part A — Ordinary Expenditure ...... 1,127,450,000 Part C — Expenditure for Development Budget and Payment of Debts ; Special Expenditure . . 47,550,000
Part A — Ordinary Expenditure. 1,127,450,000 Expenditure for Ministries : . . . , 1,017,500,000 06 — Ministry of Defence 1,041,500,000 15 — Ministry of Police 1,000,000 26 — Subsidies for the Encouragement of Agri cultural Production and the Reduction of the Prices of Essential Commodities and Services (—)25,000,000 28 — Special Budgets 109,950,000 Part C — Expenditure for Development Budget and Payments of Debts; Special Expenditure 47,550,000 Expenditure for Development Schemes 47,550,000 70 — Housing 25,080,000 72 — Development and Rehabilitation of Roads . 10,470,000 74 — Buildings for Public and Governmental Institutions . 12,000,000 For Educational Institutions . 12,000,000
(The remainder of the First Schedule and a further Schedule, containing, respectively, the further break• down of the expenditure side of the Additional Budget and the Business Enterprises Additional Budget, are omitted in this translation).
GOLDA MEIR YAAKOV S. SHAPIRO Prime Minister Minister of Justice Acting Minister of Finance
SHNEUR ZALMAN SHAZAR President of the State BUDGET (197071) (NO. 3) LAW, 5730—1970*
Second Addi• 1. In addition to the amounts which it is authorised to expend un• tional Budget der the Budget (1970/71) Law, 5730—1970a) (hereinafter referred to for the Year 1970/71. as "the principal Law"), and the Budget (1970/71) (No. 2) Law, 5730— 1970, the Government is authorised to expend in the financial year 1970/71 an amount of 70,000,000 pounds (hereinafter referred to as "the Second Additional Budget").
Details of 2. The breakdown of the amount of the Second Additional Budget Additional into heads, subheads and items of expenditure shall be as set out in Budget. the Schedule.
Application of 3. The provisions of the principal Law, except section 17 thereof, principal Law. shall apply also to the Second Additional Budget.
Commencement. 4. This Law shall have effect from the date of the coming into force of the principal Law.
ESTIMATED REVENUE FOR ADDITIONAL EXPENDITURE BUDGET FOR THE FINANCIAL YEAR 1970/71
Additional Budget for the Year 1970/71 IL. GRAND TOTAL 70,000,000
Part A — Ordinary Revenue 70,000,000 Taxes, Fees for Licences and Services . . 70,000,000 IIA General Customs — Import-for-Export Charge 70,000,000
* Passed by the Knesset on the 30th Av, 5730 (1st September, 1970) and published in Chukkei Taktziv No. 53 of the 9th Elul, 5730 (10th Septem• ber," 1970), p. 310; the Bill and an Explanatory Note were published in Chukkei Taktziv (Hatza'ot) No. 50, p. 28. i) Chukkei Taktziv No. 52, of 5730, p. 3 ; supra, p. 169.
184 ADDITIONAL EXPENDITURE BUDGET FOR THE FINANCIAL YEAR 1970/72 (FIRST SCHEDULE)
Additional Budget for the Year 1970/71 IL. GRAND TOTAL 70,000,000
Part A — Ordinary Revenue 70,000,000 27 Encouragement of Exports and Develop• ment of Foreign Markets 70,000,000 2706 Refund of Import-for-Export Charge . . 70,000,000 101/43 Refund of Import-for-Export Charge (new item) 70,000,000
GOLDA MEIR YAAKOV S. SHAPIRO Prime Minister Minister of Justice Acting Minister of Finance
SHNEUR ZALMAN SHAZAR President of the State INDEX OF LAWS IN THE ORDER OF THE DATES OF THEIR ADOPTION BY THE KNESSET
Title of Law
Knesset Elections (Temporary Provisions) Law 12th Tishri, 5730 (25th September, 1969)
Local Authorities (Elections) (Temporary Provisions) Law 12th Tishri, 5730 (25th September, 1969)
Municipalities Ordinance (Amendment No. 9) Law 15th Kislev, 5730 (25th November, 1969)
Budget (1969/70) (No. 2) Law 7th Tevet, 5730 (16th December, 1969)
Intoxicating Liquors (Manufacture and Sale) Ordinance (Amendment No. 2) Law 7th Tevet, 5730 (16th December, 1969)
National Defence Loan (Amendment) Law 7th Tevet, 5730 (16th December, 1969)
Excise on Sugar (Repeal) Law 7th Tevet, 5730 (16th December, 1969)
Property Tax and Compensation Fund (Amendment No. 6) Law 22nd Tevet, 5730 (31st December, 1969)
Defence Army of Israel (Decorations) Law 13th Shevat, 5730 (20th January, 1970)
Emergency Regulations (Extension of Reserve Service Age) (Extension of Validity) Law 13th Shevat, 5730 (20th January, 1970)
Emergency Regulations (Security Zones) (Extension of Validity) Law 13th Shevat, 5730 (20th January, 1970)
Emergency Regulations (Registration and Mobilisation of Equipment) (Extension of Validity) Law 13th Shevat, 5730 (20th January, 1970)
Emergency Regulations (Areas Held by the Defence Army of Israel — Criminal Jurisdiction and Legal Assistance) (Extension of Validity) Law 14th Shevat, 5730 (21st January, 1970)
186 Date of Adoption Title of Law by Knesset
Penal Law Amendment (Remuneration for Committing Offence) Law 14th Shevat, 5730 21st January, 1970)
Penal Law Amendment (Deceit, Blackmail and Extortion) (Amendment) Law 20th Shevat, 5730 (27th January, 1970)
Import, Export and Customs Powers (Defence) Ordinance (Amendment No. 3) Law 27th Shevat, 5730 (3rd February, 1970)
Penal Law Amendment (Modes of Punishment) (Amendment No. 7) Law 27th Shevat, 5730 (3rd February, 1970) Juvenile Offenders Ordinance (Amendment No. 5) Law 5th Adar Alef, 5730 (11th February, 1970) Defence Impost (Amendment and Extension of Period of Operation) Law 26th Adar Alef, 5730 (4th March, 1970) Property Tax and Compensation Fund (Amendment No. 5) (Amendment) Law 26th Adar Alef, 5730 (4th March, 1970) Law of Return (Amendment No. 2) 2nd Adar Bet, 5730 (10th March, 1970)
Plant Protection (Amendment No. 2) Law 8th Adar Bet, 5730 (16th March, 1970)
Wage Protection (Amendment No. 8) Law 17th Adar Bet, 5730 (25th March, 1970)
Budget (1969/70) (No. 3) Law 18th Adar Bet, 5730 (26th March, 1970)
Interim Budget (1970/71) Law 18th Adar Bet, 5730 (26th March, 1970)
Advance Payment Law 18th Adar Bet, 5730 (26th March, 1970)
Defence Stamp (Amendment No. 3) Law 18th Adar Bet, 5730 (26th March, 1970)
Defence Stamp (Amendment and Extension of Period of Operation) (Amendment No. 8) Law 18th Adar Bet, 5730 (26th March, 1970)
187 Date of Adoption Title of Law by Knesset
Defence Loan Law 18th Adar Bet, 5730 (26th March, 1970)
Absorption and Compulsory Savings Loan (Extension) (5726—1966) (Amendment) Law 18th Adar Bet, 5730 (26th March, 1970)
Absorption and Compulsory Savings Loan (Extension) (5724- 1964) (Amendment No. 2) Law 18th Adar Bet, 5730 (26th March, 1970)
Emergency Regulations (Compulsory Payments) 18th Adar Bet, 5730 (Extension of Validity) Law (26 th March, 1970)
Savings Loan Law 23rd Adar Bet, 5730 (31st March, 1970)
National Insurance (Amendment No. 3) Law 23rd Adar Bet, 5730 (31st March, 1970)
Reserve Service (Compensation) (Amendment No. 6) Law 23rd Adar Bet, 5730 (31st March, 1970)
Population Registry (Amendment No. 4) Law 2nd Nisan, 5730 (8th April, 1970)
Pharmacists Ordinance (Amendment No. 3) Law 7th Nisan, 5730 (13th April, 1970)
Budget (1970/71) Law, 5730—1970 8th Nisan, 5730 (14th April, 1970)
National Defence Loan (Amendment No. 2) Law 18th Sivan, 5730 (22nd June, 1970)
Public. Health Ordinance (Amendment No. 4) Law 18th Sivan, 5730 (22nd June, 1970)
Emergency Regulations (Emergency Work Volunteers) (Insurance) ((Extension of Validity) Law 25th Sivan, 5730 (29th June, 1970)
State Service (Benefits) (Amendment No. 10) Law 9th Tammuz, 5730 (13th July, 1970)
Discharged Soldiers (Reinstatement in Employment) (Amendment No. 4) Law 10th Tammuz, 5730 (14th July, 1970)
Civil Wrongs Ordinance (Amendment No. 4) Law 17th Tammuz, 5730 (21st July, 1970)
188 Date of Adoption Title of Law by Knesset
Capacity and Guardianship (Amendment No. 2) Law 17th Tammuz, 5730 (21st July, 1970)
Bank of Israel (Amendment No. 8) Law 17th Tammuz, 5730 (21st July, 1970) Property Tax and Compensation Fund (Amendment No. 7) Law 17th Tammuz, 5730 (21st July, 1970) Victims of Hostile Action (Pensions) Law 18th Tammuz, 5730 (22nd July, 1970)
National Insurance (Amendment No. 5) Law 24th Tammuz, 5730 (28th July, 1970)
Sports Betting Regulation (Amendment (No. 2) Law 25th Tammuz, 5730 (29th July, 1970)
Knesset Elections (Amendment No. 2) Law 10th Av, 5730 (12th August, 1970)
Electricity Concession (Supplement) (Amendment of Concession) Law 10th Av, 5730 (12th August, 1970) Penal Law Amendment (Bribery) (Amendment No. 4) Law 10th Av, 5730 (12th August, 1970) Inspection of Schools (Amendment) Law) 11th Av, 5730 (13th August, 1970) Defence Service (Amendment No. 6) Law 11th Av, 5730 (13th August, 1970) Encouragement of Capital Investments (Amendment No. 7) Law 30th Av, 5730 (1st September, 1970) Encouragement of Industry (Taxes) (Amendment) Law 30th Av, 5730 (1st September, 1970) Defence Impost (Amendment No. 2) Law 30th Av, 5730 (1st September, 1970) Foreign Travel Tax (Amendment No. 5) Law 30th Av, 5730 (1st September, 1970) Income Tax Ordinance (Amendment No. 15) Law 30th Av, 5730 (1st September, 1970) Budget (1970/71) (No. 2) Law 30th Av, 5730 (1st September, 1970) Budget (1970/71) (No. 3 Law 30th Av, 5730 (1st September, 1970)
189 CONSOLIDATED VERSION
Title of Law Date of Publication
State Service (Benefits) Law 1 Ith Nisan, 5730 (17th April, 1970)
Penal Law (Modes of Punishment) 16th Tammuz, 5730 (20th July, 1970)
Legal and Administrative Matters (Regulation) Law 11th Av, 5730 (13th August, 1970)
190 ALPHABETICAL INDEX OF LAWS
Title Page
A Absorption and Compulsory Savings Loan (Extension) (5724—1964) (Amendment No. 2) Law, 5730—1970 42 Absorption and Compulsory Savings Loan (Extension) (5726—1966) (Amendment) Law, 5730—1970 42 Advance Payment Law, 5730—1970 33
B Bank of Israel (Amendment No. 8) Law, 5730—1970 129 Budget (1969/70) (No. 2) Law, 5730—1969 165 Budget (1969/70) (No. 3) Law, 5730—1970 166 Budget (1970/71) Law, 5730—1970 169 Budget (1970/71) (No. 2) Law, 5730—1970 181 Budget (1970/71), (No. 3) Law, 5730—1970 184
C Capacity and Guardianship (Amendment No. 2) Law, 5730—1970 ... 128 Civil Wrongs Ordinance (Amendment No. 4) Law, 5730—1970 ... 127
D Defence Army of Israel (Decorations) Law, 5730—1970 16 Defence Impost (Amendment and Extension of Period of Operation) Law, 5730—1970 26 Defence Impost (Amendment No. 2) Law, 5730—1970 : 163 Defence Loan Law, 5730—1970 37 Defence Service (Amendment No. 6) Law, 5730—1970 ...... 158 Defence Stamp (Amendment and Extension of Period of Operation) (Amendment No. 8) Law, 5730—1970 35 Defence Stamp (Amendment No. 3) Law, 5730—1970 33 Discharged Soldiers (Reinstatement in Employment) (Amendment No. 4) Law, 5730—1970 ...... 126
E Electricity Concession (Supplement) (Amendment of Concession) Law, 5730—1970 154
191 Title Page
Emergency Regulations (Areas Held by the Defence Army of Israel — Criminal Jurisdiction and Legal Assistance) (Extension of Validity) Law, 5730—1970 14 Emergency Regulations (Compulsory Payments) (Extension of Valid• ity) Law, 5730—1970 44 Emergency Regulations (Emergency Work Volunteers) (Insurance) (Extension of Validity) Law, 5730—1970 110 Emergency Regulations (Extension of Reserve Service Age) (Extension of Validity) Law, 5730—1970 ...... 11 Emergency Regulations (Registration and Mobilisation of Equipment) (Extension of Validity) Law, 5730—1970 13 Emergency Regulations (Security Zones) (Extension of Validity) Law, 5730—1970 . 12 Encouragement of Capital Investments (Amendment No. 7) Law, 5730—1970 , 159 Encouragement of Industry (Taxes) (Amendment) Law, 5730—1970 160 Excise on Sugar (Repeal) Law, 5730—1969 ... .'. 9
F Foreign Travel Tax (Amendment No. 5) Law, 5730—1970 164
I Import, Export and Customs Powers (Defence) Ordinance (Amendment No. 3) Law, 5730—1970 22 Income Tax Ordinance (Amendment No. 15) Law, 5730—1970 ... 161 Inspection of Schools (Amendment) Law, 5730—1970 • 157 Interim Budget (1970/71) Law, 5730—1970 - ...... 168 Intoxicating Liquors (Manufacture and Sale) Ordinance (Amendment No. 2) Law, 5730—1969 ... 8
J Juvenile Offenders Ordinance (Amendment No. 5) Law 5730—1970 25
K Knesset Elections (Amendment No, 2) Law, 5730—1970 153 Knesset Elections (Temporary Provisions) Law, 5730—1969 3
192 Title Page
L Law of Return (Amendment No. 2) 5730—1970 28 Legal and Administrative Matters (Regulation) Law (Consolidated Version), 5730—1970 144 Local Authorities (Elections) (Temporary Provisions) Law, 5 5730—1969
M
Municipalities Ordinance (Amendment No. 9) Law, 5730—1969 ... 7
N National Defence Loan (Amendment) Law, 5730—1969 9 National Defence Loan (Amendment No. 2) Law, 5730—1970 ... 106 National Insurance (Amendment No. 3) Law, 5730—1970 51 National Insurance (Amendment No. 5) Law, 5730—1970 139
P Penal Law Amendment (Bribery) (Amendment No. 4) Law, 5730—1970 21 Penal Law Amendment (Deceit, Blackmail and Extortion) (Amend• ment) Law, 5730—1970 156 Penal Law Amendment (Modes of Punishment) (Amendment No. 7) Law 23 Penal Law Amendment (Remuneration for Committing Offences) Law, 5730—1970 15 Penal Law (Modes of Punishment) (Consolidated Version), 5730—1970 112 Pharmacists Ordinance (Amendment No. 3) Law, 5730—1970 103 Plant Protection (Amendment No. 2) Law, 5730—1970 30 Population Registry (Amendment No. 4) Law, 5730—1970 56 Property Tax and Compensation Fund (Amendment No. 5) (Amendment) Law, 5730—1970 27 Property Tax and Compensation Fund (Amendment No. 6) Law, 5730—1970 10 Title Page
Property Tax and Compensation Fund (Amendment No. 7) Law, 5730—1970 , .130 Public Health Ordinance (Amendment No. 4) Law, 5730—1970 ... 107
R Reserve Service (Compensation) (Amendment No. 6) Law, 5730—1970 55
S Savings Loan Law, 5730—1970 ...... 46 Sports Betting Regulation (Amendment No. 2) Law, 5730—1970 ... 138 State Service (Benefits) Law (Consolidated Version) 5730—1970 ... 57 State Service (Benefits) (Amendment No. 10) Law, 5730—1970 ... 125
V Victims of Hostile Action (Pensions) Law, 5730—1970 ...... 131
W Wage Protection (Amendment No. 8) Law, 5730—1970 32
194 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.־»•«*0105 2014^22 ~~ ^'"" *