LAWS OF THE STATE OF ISRAEL
VOL. 45
5750-1989/1990
From 24 Tishrei 5750, 23 October 1989 To 11 Av 5750, 1 August 1990
Authorized Translation from the Hebrew Prepared at the Ministry of Justice
ISSN 0334-3383 LAWS OF THE STATE OF ISRAEL
VOL.45
5750-1989/1990
From 24 Tishrei 5750, 23 October 1989 To 11 Av 5750,1 August 1990
Authorized Translation from the Hebrew Prepared by the Ministry of Justice
ISSN 0334-3383
Distributors: Government Publications Service 25-27 David Eleazar Street, Hakirya, Tel Aviv, P.O.B. 7103 ABBREVIATIONS AND EXPLANATIONS
PG Palestine Gazette — until 14 May 1948: notices, etc. Laws Laws of Palestine — the revised edition of Palestine Legislation (principal and subsidiary) as of 31 December 1933 (Drayton) IR Iton Rishmi — the official gazette of Israel until 13 February 1949 Supp. 1 Supplement no. 1 of PG or IR: Ordinances Supp. 2 Supplement no. 2 of PG or IR: Regulations etc. Reshumot "Records" — all of thé following since 14 February 1949: YP Yalkut ha-Pirsumim — the official gazette: notices, etc. SH Sefer ha-Chukkim — principal legislation HT Chukkei Taktziv — budgetary legilsation, 1953-2001 KT Kovetz ha-Takkanot — subsidiary legislation HH Hatza'otChok —bills NH Dinei Medinat Yisrael — Nusach Hadash —the revised, up-to-date and binding Hebrew text of Palestine principal legislation enacted in English before 15 May 1948; merged into SH in 1985 LSI Laws of the State of Israel: the English translation of SH of which this volume forms a part NV New Version — the English translation of NH CONTENTS Page Patents (Amendment) Law, 5750-1989 1 Jerusalem Development Authority (Amendment) Law, 5750-1989 2 State Economy (Emergency Arrangements) (Amendment No. 11) Law, 5750-1989 5 Aerodromes Authority (Amendment No. 3) Law, 5750-1989 6 Courts (Amendment No. 9) Law, 5750-1989 7 Local Authorities (Election and Tenure of Head and Deputy Heads) (Amendment No. 7) Law, 5750-1989 8 Penal Law (Amendment No. 26), 5750-1989 9 Securities (Temporary Provision) Law, 5750-1989 15 Criminal Procedure (Arrest and Searches) Ordinance (New Version) (Amendment No. 5) Law, 5750-1989 17 Vaccination Casualties Insurance Law, 5750-1989 20 Invalids (Pensions and Rehabilitation) (Amendment No. 14) Law, 5750-1989 23 State Service (Benefits) (Amendment No. 29) Law, 5750-1989 24 Knesset Members (Immunity, Rights and Duties) (Amendment No. 7) Law, 5750-1989 25 Encouragement of Capital Investments (Amendment No. 36) Law, 5750-1989 28 Senior Citizens Law, 5750-1989 30 Energy Sources Law, 5750-1989 32 Emergency Regulations (Judea, Samaria and the Gaza Region — Criminal Jurisdiction and Legal Assistance) (Amendment and Extension of Validity) Law, 5750-1989 38 Income Tax Ordinance (Amendment No. 80) Law, 5750-1990 40 Severance Pay (Temporary Provision) Law, 5750-1990 44 Emergency Regulations (Compulsory Payments) (Extension of Validity) Law, 5750-1990 47 Page Penal Law (Amendment No. 28), 5750-1990 48 Israel Defense Forces (Permanent Service) (Benefits) (Amendment No. 3) (Amendment) Law, 5750-1990 52 Galilee (Amendment) Law, 5750-1990 53 Income Tax Ordinance (Amendment No. 81) Law, 5750-1990 55 National Insurance (Amendment No. 70) Law, 5750-1990 59 Second Television and Radio Authority Law, 5750-1990 60 Territorial Waters (Amendment) Law, 5750-1990 112 Penal Law (Amendment No. 27), 5750-1990 113 Foreign Judgments Enforcement (Amendment No. 3) Law, 5750-1990 115 Rates and Taxes (Exemption) Ordinance (Amendment No. 5) Law, 5750-1990 116 Municipalities Ordinance (Amendment No. 39) Law, 5750-1990 117 Licensing of Building (Temporary Provision) Law, 5750-1990 122 National Insurance (Amendment No. 71) Law, 5750-1990 125 Political Parties (Financing) (Amendment No. 10) Law, 5750-1990 126 General Rates (Limitations on Increases During the 1990 Financial Year) Law, 5750-1990 127 Pensions (Compensation for Delay in Payment) (Amendment) Law, 5750-1990 ... 129 Criminal Procedure (Amendment No. 11) Law, 5750-1990 131 State Comptroller (Amendment No. 15) Law, 5750-1990 136 Long School Day Law, 5750-1990 137 State of Israel Bonds (Variable Rate Issue) (Amendment No. 2) Law, 5750-1990.. 139 Spouses (Property Relations) (Amendment) Law, 5750-1990 140 Banking (Licensing) (Amendment No. 8) Law, 5750-1990 141 Chamber of Advocates (Amendment No. 17) Law, 5750-1990' 143 Jewish Religious Services (Amendment No. 7) Law, 5750-1990 144 Page Dayanim, Qadis and Qadis Madhhab (Investigation and Criminal Trial) Law, 5750-1990 146 Postal Authority (Amendment) Law, 5750-1990 147 Transition (Amendment No. 11) Law, 5750-1990 151 Execution (Amendment No. 9) Law, 5750-1990 152 State Economy Arrangements (Legislative Amendments) Law, 5750-1990 158 Income Tax Ordinance (Amendment No. 82) Law, 5750-1990 172 Telecommunications (Amendment No. 7) Law, 5750-1990 175 Loan (Insurance Companies) (Amendment No. 7) Law, 5750-1990 176 Council for Higher Education (Amendment No. 8) Law, 5750-1990 177 Names (Amendment No. 2) Law, 5750-1990 178 State Service (Restriction on Party-Political Activity and Fund-Raising (Amendment No. 2) Law, 5750-1990 179 Income Tax (Tax Exemption on Income from Letting of Residential Dwelling) (Temporary Provision) Law, 5750-1990 181 Labor Courts (Amendment No. 18) Law, 5750-1990 183 Securities (Temporary Provision) (Amendment) Law, 575Ö-1990 188 Collection of Debts (Implementation of Orders of Imprisonment) (Temporary Provision) Law, 5750-1990 189 Camps (Licensing and Supervision) Law, 5750-1990 192 Penal Law (Special Provisions Regarding Detention Orders), 5750-1990 194 Administrative Release (Temporary Provision) Law, 5750-1990 195 Elections Law Amendment (Polling Station) Law, 5750-1990 199 Emergency Regulations (Compulsory Payments) (Extension of Validity) Law, 5750-1990 203 Planning and Building Procedures (Temporary Provision) Law, 5750-1990 204 Commodities and Services (Control) (Amendment No. 18) Law, 5750-1990 210 Encouragement of Investments (Large-Capital Companies) Law, 5750-1990 211 Page
Public Bodies (Transactions) (Enforcement of Bookkeeping) (Amendment No. 2) Law, 5750-1990 215 Employment of Women (Amendment No. 9) Law, 5750-1990 217 Traffic Ordinance (Amendment No. 23) Law, 5750-1990 - 221 Employment of Women (Amendment No. 10) Law, 5750-1990 222 Wild Animals Protection (Amendment No. 2) Law, 5750-1990 223 Sale (Housing) (Amendment No. 3) Law, 5750-1990 229 Securities (Amendment No. 10) Law, 5750-1990 232 Emergency Regulations (Protection of Educational Institutions) (Extension of Validity) Law, 5750-1990 233 Employment of Women (Amendment No. 11) Law, 5750-1990 234 State Economy (Emergency Arrangements) (Amendment No. 15) Law, 5750-1990 235 State Service (Benefits) (Amendment No. 30) Law, 5750-1990 237 State Service (Benefits) (Amendment No. 31) Law, 5750-1990 238 Purchase Tax (Goods and Services) (Amendment No. 10) Law, 5750-1990 239 Basic Law: The Knesset (Amendment No. 11) 246 Penal Law (Amendment No. 30), 5750-1990 247 (No. 1)
PATENTS (AMENDMENT) LAW, 5750-1989*
1. In section 142 ofthe Patents Law, 5727-1967'(hereinafter—the principal Amendment Law) — of section 142 (1) the contents of the section shall be marked (a) and paragraph (2) thereof shall be replaced by the following: "(2) if he complies with one of the following conditions: (a) he is registered as an engineer in the Register of Engineers and Architects under the Engineers and Architects Law, 5718- 1958;2 (b) he has graduated from an institution of higher education, within its meaning in the Council for Higher Education Law, 5718-1958,3 in one of the courses of study set forth in the Schedule; (c) he has graduated abroad from an institution of higher education or a technical institution approved for this purpose by the Minister of Justice, after consultation with the Council for Higher Education, in one of the courses of study set forth in the Schedule". (2) the following shall be inserted after subsection (a): "(b) The Minister of Justice, with the approval of the Constitution, Law and Justice Committee of the Knesset, may add by order to the courses of study listed in the Schedule".
* Passed by the Knesset on 26 Tishrei 5750 (25 October 1989) and published in SH 1287 of 3 Heshvan 5750 (1 November 1989), p. 2; the Bill and an Explanatory Note were published in HH 1928, 10 Iyar 5749 (15 May 1989), p. 78. 1 [5727] SH 148 (201), 21 LSI 148. 2 [5718] SH 108,12 LSI 124. 3 [5718] SH 191,12 LSI 217. Addition of 2. In the principal Law, the following shall be inserted at its end: Schedule "Schedule (section 142) !.Engineering 4. Biology 2. Chemistry 5. Pharmacy 3. Physics 6. Computer Sciences"
YITZHAK SHAMIR DAN MERIDOR Prime Minister Minister of Justice CHAIM HERZOG President of the State
(No. 2)
JERUSALEM DEVELOPMENT AUTHORITY (AMENDMENT) LAW, 5750-1989*
1 Amendment 1. in section lOof the Jerusalem Development Authority Law, 5748-1988 (hereinafter — the principal Law), the following shall be inserted after paragraph (2): "(3) two representatives of the public on the Council, designated by the Ministers and the Mayor of Jerusalem; where one of the representatives of the public is appointed chairman of the Council, such person shall be one of the representatives of the public on the Board."
Addition of 2. After section 12 of the principal Law the following shall be inserted: Section 12A "Expenses 12A. A member of the Council shall not receive remuneration from the Authority for his services, but shall be entitled to a
Passed by the Knesset on 24 Tishrei 5750 (23 October 1989) and published in SH 1287 of 3 Heshvan 5750 (1 November 1989), p. 2; the Bill and Explanatory Notes were published in.HH 1941 on 21 Tammuz 5749 (24 July 1989), p. 117. [5748] SH 168; 42 LSI 195. refund of expenses incurred in connection with the fulfillment of his position as a member of the Council, at the rates applicable to civil servants."
3. After section 22 of the principal Law the following shall be inserted: Addition of Sections "The 22 A. For the purposes of the payment of taxes, fees, municipal 22A to 22C Authority to be. taxes (Arnona), charges and other compulsory payments the treated like Authority shall be treated like the State. the State
Treatment 22B.(a) For the purposes of the following Laws, the of Director, Director, members and employees of the Authority shall be Members and treated as civil servants: Employees of (1) the Knesset Elections Law [Consolidated Version] ,5729- Authority 1969;2 (2) the State Service (Restriction on Party-Political Activity and Fund-Raising) Law, 5719-1959;3 (3) the Public Service (Gifts) Law, 5740-1979;*' (4) the Public Service (Restrictions after Retirement) Law, 5729-1969;5 (5) the provisions regarding public servants in the Penal Law, 5737-1977.6 (b) Paragraphs (1), (2) and (4) of subsection (a) shall not apply to members of the Council serving as members of the Municipal Council, and paragraph (4) shall furthermore not apply to members of the Council who are representatives of the public.
2 [5729] SH 103; 23 LSI 110. 3 [5719] SH 190; 13 LSI 203. 4 [5740] SH 2; 34 LSI 3. 5 [5729] SH 144; 23 LSI 156. 6 [5737] SH 226; LSI Special Volume. Benefits to 22C. (a) Know-how based and high technology enterprises Know-how Based and in Jerusalem shall be afforded benefits awarded to enterprises High in Development Zone "A" under the Encouragement of Technology Capital Investments Law, 5719-1959 ;7 for these purposes, a Enterprises "know-how based enterprise" and a "high technology enterprise" - an approved enterprise within its meaning in the said Law, approved by the Chief Scientist in the Ministry of Industry and Trade in accordance with rules set by the Ministers in Regulations.
(b) This section shall apply to an enterprise that has received approval between 24 Adar II5749 (31 March 1989) and 26 Adar II5752 (31 March 1992)".
YITZHAK SHAMIR SHIMON PERES Prime Minister Minister of Finance and Chairman of the Ministers' CHAIM HERZOG Committee for Jerusalem President of the State
7 [5719] SH 234; 13 LSI 258. (No. 3)
STATE ECONOMY (EMERGENCY ARRANGEMENTS) (AMENDMENT NO. 11) LAW, 5750-1989*
1. In section 26(6) of the State Economy (Emergency Arrangements) Law, Amendment 5745-1985,' in sections 119(b), 120(a) and 121 of the National Insurance °[.Sectl0n Law, 5728-1968, the expression "95% of the average wage" shall replace the expression "90% of the average wage".
2. This Law shall commence on 25 Adar II 5749 (1 April 1989). Commence• ment
YITZHAK SHAMIR SHIMON PERES Prime Minister Minister of Finance CHAIM HERZOG President of the State
* Passed by the Knesset on 24Tishrei 5750 (23 October 1989) and published in SH 1287 of 3 Heshvan 5750 (1 November 1989), p. 4; the Bill and Explanatory Notes were pub• lished in HH 1945 on 29 Tammuz 5749 (1 August 1989), p. 136. 1 [5746] SH 15, [5749] 28; 40 LSI 15,43 LSI 28. (No. 4)
AERODROMES AUTHORITY (AMENDMENT NO. 3) LAW, 5750-1989*
Amendment 1. In section 43 of the Aerodromes Authority Law, 5737-19771 (hereinafter of Section 43 — the principal Law) — (1) the contents of the section shall be marked (a), and the part commencing with the word "including" and ending with the words "such body corporate" shall be deleted; (2) after subsection (a) the following shall be inserted: "(b) The duty of transfer set out in subsection (a) shall not apply in regard to shares of the State in any body corporate operating at an aerodrome of the Authority services which the Authority is required or authorized to provide under section 5, and the operation of which is the principal object of such body corporate."
Amendment 2. In section 46(a) of the principal Law, the following words shall be inserted of Section 46 at its end: "the Government and the Authority shall present the agreement for the approval of the Economic Committee of the Knesset no later than 3 Adar 5750 (28 February 1990)."
YITZHAK SHAMIR MOSHE KATZAV Prime Minister Minister of Transport CHAIM HERZOG President of the State
* Passed by the Knesset on 24 Tishrei 5750 (23 October 1989) and published in SH 1287 of 3 Heshvan 5750 (1 November 1989), p. 4; the Bill and Explanatory Notes were pub• lished in HH 1856 on 4 Kislev 5748 (25 November 1987), p. 26. 1 [5737] SH 182; [5738] 45; [5744] 88; [5748] 73; 31 LSI 228; 38 LSI 117; 42 LSI 71. (No. 5)
COURTS (AMENDMENT NO. 9) LAW, 5750-1989*
1. In section 37(b) of the Courts Law (Consolidated Version), 5744-1984' Amendment of section (hereinafter the principal Law) — 37 (1) in paragraph (1), the words "First Schedule" shall be replaced by the words "Part A of the First Schedule"; (2) after paragraph (3) the following shall be inserted: "(4) appeals against judgments of Magistrates' Courts and Traffic Judges for the purposes of the offenses specified in section 25(a) of the Traffic Ordinance (New Version),2 which do not constitute felonies, and except for an offense under section 64 of the aforesaid Ordinance; (5) appeals on the matters enumerated in Part B of the First Schedule- to be determined by the Minister of Justice by order, after consultation with the President of the Supreme Court and with the approval of the Constitution, Law and Justice Committee of the Knesset".
2. The contents of the First Schedule of the principal Law shall be marked Amendment of the First Schedule ."־as"PartA
SHIMON PERES DAN MERIDOR Minister of Finance Minister of Justice Acting Prime Minister CHAIM HERZOG President of the State
* Passed by the Knesset on 15 Heshvan 5750 (13 November 1989) and published in SH 1288 of 22 Heshvan 5750 (20 November 1989), p. 6; the Bill and an Explanatory Note were published in HH No. 1941 of 21 Tammuz 5749 (24 July 1989), p. 118. 1 [5744] SH 198,38 LSI 271; [5745] SH 138,39 LSI 148; [5746] SH 36,216 and 221,40 LSI 37, 207 and 224; [5747] SH 45,41 LSI 47; [5748] SH 186,42 LSI 223; [5749] SH 48 and 87,43 LSI 63 and 110. 2 7 NH 173,1 NV 222. 7 (No. 6)
LOCAL AUTHORITIES (ELECTION AND TENURE OF HEAD AND DEPUTY HEADS) (AMENDMENT NO. 7) LAW, 5750-1989*
Amendment !. in section 5 of the Local Authorities (Election and Tenure of Head and of section 5 Deputy Heads) 5735.-9751 _
(1) in subsection (a), after the words "whichever is less" there shall be inserted the following words "each single party group or more of the Knesset".
(2) subsection (b) shall be replaced by the following:
"(b) The nomination of a candidate by a party group of the Knesset or a party group of the outgoing Council, shall be signed by the representative of the party group or his substitute; the nomination of a candidate by two or more party groups of the Knesset or of the outgoing Council shall be signed by the representatives of all these party groups or their substitutes".
SHIMON PERES ARIEH DERI Minister of Finance Minister of the Interior Acting Prime Minister CHAIM HERZOG President of the State
* Passed by the Knesset on 16 Heshvan 5750 (14 November 1989) and published in SH 1289 of 23 Heshvan 5750 (21 November 1989), p. 8; the Bill and an Explanatory Note were published in HH No. 1935 of 16 Sivan 5749 (19 June 1989), p. 98. 1 [5735] SH 211, 29 LSI 278; [5736] SH 151, 30 LSI 150; [5738] SH 137, 32 LSI 178; [5740] SH 160, 34 LSI 178; [5743] SH 142, 37 LSI, p. 166; [5744] SH 6, 38 LSI 11; [5748] SH 86, 42 LSI 83. (No. 7)
PENAL LAW (AMENDMENT NO. 26) 5750-1989*
1. Section 323 of the Penal Law, 5737-1977' (hereinafter — the principal Amendment of section Law) shall be replaced by the following: 323 "Responsibility 323. A parent or person who has charge of a minor being a of parent or person member of his household who is under the age of eighteen having years, is under a duty to provide him with the necessaries of charge of a life, to take care of his health and to prevent any maltreatment minor or physical injury to him, and he shall be held to have caused any consequences which result to the life or health of the minor by reason of his not fulfilling the said duty."
2. In section 337 of the principal Law — Amendment of section (1) the marginal heading shall be replaced by the following: "Breach of 337 duty of parent or person in charge"; (2) in the section proper, after the words "caring for'his health" there shall be inserted the words "and preventing maltreatment or physical injury to him".
3. In Chapter Ten of the principal Law, the following shall be inserted after Addition of
A , c• Article Six Article Six: "A" of Chapter "ARTICLE SIX "A": INJURY TO MINORS AND Ten HELPLESS PERSONS
Definitions 368A. In this Article — "person having charge of a minor or helpless person" — each of the following: (1) a parent or person responsible for the necessaries of life,
Passed by the Knesset on 30 Heshvan 5750 (28 November 1989) and published in SH No. 1290 of 9 Kislev 5750 (7 December 1989), p. 10; the Bill and an Explanatory Note were published in HH No. 1947 of 1 Av 5749 (2 August 1989), p. 146. [5737] SH 226; LSI Special Volume; [5749] SH 80, 43 LSI 101. health, education or safety of a minor or helpless person — by virtue of law, judicial decision, express or implied contract, or a person responsible as aforesaid for a minor or helpless person by reason of his own legitimate or prohibited act; (2) a family member of a minor or a helpless person, who is over eighteen years of age and not a helpless person, and is one of the following: the spouse of his parent, his grandfather or grandmother, offspring, brother or sister, brother-in-law or sister-in-law, uncle or aunt; (3) a person with whom the minor or helpless person lives or with whom he is found permanently, and who is over eighteen years of age; provided that their relationship is one of dependency or authority; "helpless person" — a person who due to his age, illness or physical or mental disability or unsoundness of mind or for any other reason is unable to provide for his own necessaries of life, health or safety; "act" — includes omission; "welfare officer" — a person so appointed under Law; "minor" shall have the definition it has in the Capacity and Guardianship Law, 5722-1962.2
Assault of 368B. (a) A person who assaults a minor or helpless person a minor or and causes him actual harm shall be liable to imprisonment helpless person for five years; where the assailant was in charge of the minor or helpless person he shall be liable to imprisonment for seven years.
(b) Where an offense has been committed under subsection (a) and grievous harm was caused to the minor or helpless person, the assailant shall be liable to imprisonment for seven years, and where the assailant was in charge of the minor or helpless person he shall be liable to imprisonment for nine years.
2 [5722] SH 120, 16 LSI 106. (c) For the purposes of this section, "harm" means physical or mental harm.
Abuse of a 368C. A person who commits an act of physical, mental or minor or helpless sexual maltreatment to a minor or helpless person shall be person liable to imprisonment for seven years; where the person committing the act is in charge of the minor or helpless person he shall be liable to imprisonment for nine years.
Duty to 368D. (a) Where a person has reasonable grounds to believe report ^ offense against a minor or helpless person has recently been committed by the person in charge of him, such person is under a duty to report the matter as promptly as possible to a welfare officer or the police; a person contravening this provision shall be liable to imprisonment for three months. (b) A doctor, nurse, teacher, social worker, welfare services employee, police officer, psychologist, criminologist or person employed in a para-medical profession, as well as the director or staff member of a hostel or institution in which the minor or helpless person is found, who as a result of their professional or functional involvement have reasonable grounds to believe that an offense has been committed against a minor or helpless person by the person in charge of him, are under a duty to report the matter as promptly as possible to a welfare officer or the police; a person contravening this provision shall be liable to imprisonment for six months.
(c) Where a person in charge of a minor or helpless' person has reasonable grounds to believe that another person in charge of a minor or helpless person has committed an offense against him, such person is under a duty to report the matter as promptly as possible to a welfare officer or the police; a person contravening this provision shall be liable to imprisonment for six months.
(d) Where a sexual offense under sections 345 to 348 or the offense of causing grievous harm under section 368B (b) or an offense of maltreatment under section 368C has been committed against a minor or helpless person residing in a hostel, institution or other educational or treatment framework, a director or staff member at such place is under a duty to report the matter as promptly as possible to a welfare officer or the police; a person contravening this provision shall be liable to imprisonment for six months. (e) The duty to report under this section shall not apply
to a minor. ( (f) A welfare officer who receives a report under this section shall transfer it to the police with his recommendation to act or refrain from acting in respect of the report, unless he has received approval not to transmit the report to the police from one of the committees established by the Minister of Justice for this purpose; the members of such a committee shall be a representative of the District Attorney, who shall be the chairman, a police officer of the rank of rav-pakad or above and a District Welfare Officer. (g) Where information reaches the police under this section, the police shall transfer it to a welfare officer and 1 shall not act before consulting with the welfare officer. (h) In this section, excluding subsection (d), "offense" means an offense of endangering life and health under section 337, a sexual offense under sections 345 to 348, an offense of abandonment or neglect under sections 361 and 362 and an offense of assault or maltreatment under sections 368B and 368C.
Regulations 1 368E. The Minister of Justice, after consultation with the Minister of Labor and Social Welfare and with the approval ׳ of the Constitution, Law and Justice Committee of the Knesset, may make regulations for implementation of this Article."
3 Amendment 4. Tn tne Youth (Care and Supervision) Law, 5720-1960, section 2A is of the u L. l j Youth hereby repealed. (Care and Supervision) 1 Law
3 [5720] SH 52, 14 LSI 44 ; [5734] SH 83, 28 LSI 89. 12 5. In the Evidence Ordinance (New Version), 5731-1971,4 the following Amendment shall be inserted at the end of section 5: "as well as in a criminal trial for an of the Evidence offense under section 337 or under Article Six "A" of Chapter Ten of the Ordinance Penal Law, 5737-1977, committed by one spouse against the other spouse, a parent against his child or a child against his parent".
6. In the Courts Law (Consolidated Version), 5744-1984s— Amendment of the (1) in section 68(b), paragraph (4) shall be replaced by the following: Courts Law "(4) to protect the interests of a minor or helpless person as defined in section 368A of the Penal Law, 5737-1977"; (2) in the second schedule, in paragraph (1), before "381 (b)" there shall be inserted "368B, 368C".
7. In the Law of Evidence Revision (Protection of Children) Law, 5715- Amendment 6 of the Law 1955 — of Evidence (1) in section 1, the following shall be inserted at its end: Revision (Protection of ""minor" shall have the definition it has in the Capacity and Children) Guardianship Law, 5722-1962"; Law
(2) In section 2, subsection (a) shall be replaced by the following:
"(a) A child shall not be brought to testify as to the act of an offense against morality committed against his person or in his presence or which he is suspected of having committed, or as to an act of an offense of a parent against his child under sections 337, 368B and 368C of the Penal Law, 5737-1977, and the statement of a minor as to such an act shall not be accepted as evidence, except with the permission of a youth interrogator";
(3) after section 2 the following shall be inserted:
4 18NH421;2NV 198. 5 [5744] SH 195, 38 LSI 271; [5748] SH 186,42 LSI 223. 6 [5715] SH 96, 9 LSI 102; [5723] SH 9, 17 LSI 12. 13 'Testimony 2A. In the testimony of a minor testifying against his parent of a minor against his in a criminal trial for an offense under sections 345 to 349 of parent the Penal Law, 5737-1977, the court may, where it considers that it is necessary to do so to prevent mental harm to the minor, order that his testimony be heard not in the presence of the parent-accused but in the presence of his defense counsel";
(4) the Schedule shall be replaced by the following:
"Schedule (section 1)
Offenses under the following sections of the Penal Law, 5737- 1977: 208 to 211, 345(a) and 346 to 349".
YITZHAK SHAMIR DAN MERIDOR Prime Minister Minister of Justice CHAIM HERZOG President of the State (No. 8)
SECURITIES (TEMPORARY PROVISION) LAW, 5750-1989*
1. (a) Directives prescribed by the Stock Exchange prior to the Current commencement of the Securities (Amendment No. 9) Law, 5748-1988' directives (hereinafter—the amending Law), and submitted to the Finance Committee of the Knesset under section 51(e)(3) of the amending Law (hereinafter — the current directives), including any variation thereof made under section 51(e) of the amending Law or to be made under this section, shall remain in effect until 7 Sivan 5750 (31 May 1990); however, they shall expire if their provisions are prescribed, with or without variations, in the Stock Exchange Rules under section 46 or in temporary directives under section 46A of the Securities Law, 5728-1968.2
(b) Within the period stated in subsection (a) the Stock Exchange may, with the approval of the Authority, vary the current directives. (c) Within seven days of the day of approval of any amendment under subsection (b), the Authority shall notify the Minister of Finance and the Finance Committee of the Knesset of the variatrion. (d) Until the end of the period stated in subsection (a), the Finance Committee of the Knesset may revoke or vary all or part of the current directives, including any variation thereof. (e) Where the Authority is of the opinion that for the sake of proper and fair management of the Stock Exchange the current directives should be varied, the Authority shall notify the Stock Exchange thereof; where the Stock Exchange has not varied the directives pursuant to the notice of the Authority within the period determined in the notice, the Minister of Finance, at the proposal of the Authority and after having given the Chairman of the
* Passed by the Knesset on 30 Heshvan 5750 (28 November 1989) and published in SH 1291 of 9 Kislev 5750 (7 December 1989), p. 14; the Bill and an Explanatory Note were published in HH No. 1956 of 8 Heshvan 5750 (6 November 1989), p. 11. 1 [5748] SH 188,42 LSI 227. 2 [5728] SH 234, 22 LSI 266. Board of Directors of the Stock Exchange a reasonable opportunity to have his contentions heard, may vary the current directives by order from the time determined in the order; any such variation requires the approval of the Finance Committee of the Knesset.
Repeal 2. Section 51(e) of the amending Law is hereby repealed.
Commence• 3. This Law shall have effect from 25 Tishrei 5750 (24 October 1989), but ment and application it shall not apply to a public offering of securities under a prospectus approved for publication by the Authority and the deadline for submission of orders thereunder elapsed prior to 29 Heshvan 5750 (27 November 1989).
YITZHAK SHAMIR SHIMON PERES Prime Minister Minister of Finance CHAIM HERZOG President of the State (No. 9)
CRIMINAL PROCEDURE (ARREST AND SEARCHES) ORDINANCE (NEW VERSION) (AMENDMENT NO. 5) LAW, 5750-1989*
1. In section 11 of the Criminal Procedure (Arrest and Searches) Ordinance Amendment (New Version), 5742-1982' (hereinafter — the Ordinance) — °\section
(1) in subsection (a), the following shall be inserted its end: "where the officer in charge orders the provision of a monetary deposit, it shall be deposited in the cash office of the Magistrates' Court or in a bank account to be designated for this purpose by the Courts' Administration";
(2) the following shall replace subsection (b):
"(b) Release on bail under this Article shall be conditional upon the suspect appearing for interrogation by the police or for his trial, at any time he is required to do so, and the officer in charge may, with the consent of the suspect, also make bail conditional on the suspect being prohibited from meeting or communicating with any person determined, or from entering or leaving a particular place for a period of time determined; he may likewise make the bail conditional upon the suspect depositing his passport with the police and making a written undertaking not to leave the country; such an undertaking shall be treated as a judicial order to prevent leaving the country";
(3) in subsection (d), the words "ninety days" shall be replaced by the words "one hundred and eighty days".
* Passed by the Knesset on 6 Kislev 5750 (4 December 1989) and published in SH 1292 of 15 Kislev 5750 (13 December 1989), p. 16; the Bill and an Explanatory Note were published in HH 1953 of 12 Tishrei 5750 (11 October 1989). 1 12 NH 284; 2 NV 30; [5730] SH 16,24 LSI 15; [5733] SH 146, 27 LSI 160; [5734] SH 70, 28 LSI 71; [5740] SH 116, 34 LSI 130. Replacement 2. Section 12 of the Ordinance shall be replaced by the following: of section 12 "Objection 12. Any person released on bail under this Article may — and review ( 1 ) object before the Magistrates' Court to the amount of bail, within seven days from the day on which it was given; (2) present an application to the Magistrates' Court for review of any matter concerning bail conditions, if they were unreasonable, or if the circumstances have changed and such change is likely to affect the determination of the conditions of bail."
Amendment 3. In section 14 of the Ordinance, subsection (a) shall be replaced by the
.owing״ofsection fo
"(a) Where bail has been given and it is proved to the court that a person upon whom bail was imposed was in breach of any of the conditions thereof, the court may order the forfeiture of all or part of the bail, after having given the person or the surety, as the case may be, an opportunity to be heard, and the court may also order the arrest of the person upon whom bail was imposed."
Amendment 4. In the heading of Article Three of the Ordinance, the words "Arrested of heading Person» shall 5e repiaced by the word "Suspect".
Amendment 5. in section 17 of the Ordinance, the following shall be inserted after of section . . • ,
17 subsection (c):
"(d) A police officer may release a person who has been arrested under subsection (b) or (c) prior to the end of the period of arrest determined by the judge, unless the judge has ordered the arrested person to be brought before him or the arrested person so requested; such release shall be with or without bail, as determined by th$ court, or with bail determined by the police officer as provided in section 11, unless the court determines otherwise and provided that the arrested person or his defense counsel has agreed thereto."
18 6. After section 18 of the Ordinance the following shall be inserted: Addition of section "Bail 18A. (a) If a person has not agreed to the bail conditions as 1SA state arrest"1 d in section 11(b), or if a prosecutor has requested to determine bail conditions other than those in the said section; a judge of the Magistrates' Court may require him, in his presence, to provide bail to guarantee his appearance for investigation by the police and for his trial, and the judge may add conditions as he deems fit, including the deposit of a passport, and order prohibition of departure from the country. (b) Where the court has imposed bail under this section, the provisions of sections 37 to 43,45 to 48,50,55 and 56 of the Criminal Procedure Law [Consolidated Version], 5742- 1982,2 shall apply, mutatis mutandis, as if the suspect had been released on bail."
YITZHAK SHAMIR DAN MERIDOR Prime Minister Minister of Justice CHAIM HERZOG President of the State
2 [5742] SH 43, 36 LSI 35. 19 (No. 10)
VACCINATION CASUALTIES INSURANCE LAW, 5750-1989*
Definitions j In this Law -
"vaccination" — vaccination as set out in the Schedule; "committee of experts" — the committee of experts appointed under section 4; "invalidity" — a bodily, mental or cognitive defect; "injury" — invalidity or death; "the Minister" — the Minister of Health.
Duty of 2. (a) The State shall insure, by a valid policy in accordance with the insurance requirements of this Law, any person who receives vaccination and any person coming into contact with such a person, against injury resulting from such vaccination. (b) The Minister, with the consent of the Minister of Finance, shall by Regulations prescribe the insurance sums and the other conditions of the policy, including the persons entitled to receive insurance benefits in the event of death, all to the extent that such matters are not prescribed in this Law.
(c) For the purposes of entitlement to insurance benefits, it is immaterial whether or not the person administering the vaccination was at fault or whether or not there was fault or contributory fault of anyone else.
Committee 3. The Minister shall appoint a committee of experts; the members of the of Experts committee shall be a judge appointed upon consultation with the President of the Supreme Court, who shall be the chairman, and two doctors with specialist titles in the fields relevant to the matter being discussed.
* Passed by the Knesset on 7 Kislev 5750 (5 December 1989) and published in SH 1292 of 15 Kislev 5750 (13 December 1989), p. 17; the Bill and Explanatory Notes were published in HH' 1891 of 20 Tammuz 5748 (5 July 1988), p. 235. 20 4. (a) Where a claim is presented under this Law, the committee of experts Rulings of Committee shall discuss it and shall determine whether there is a causal link between the vaccination and the injury, and shall determine the degree of invalidity as set out in section 6. (b) The committee's rulings shall be reasoned and shall bind the insurer to effect payment resulting therefrom under the conditions of the policy. ! (c) The committee of experts may prescribe the manner in which it operates and deliberates, to the extent not prescribed under this Law.
5.1 (a) Rulings of the committee of experts may be appealed to the District Appeal Court. (b) The Minister of Justice may prescribe by Regulations the time for filing an appeal under sub-section (a), the manner of filing it and the procedures therefor.
6. The degree of invalidity for the purposes of this Law shall be determined Détermination of Degree in accordance with the tests and principles prescribed under section 61 of of the National Insurance Law [Consolidated Version], 5728-1968.' Invalidity
7. Where a person has presented a claim under this Law, such person shall Choice of not be entitled to present a claim under the Civil Wrongs Ordinance [New Claim Version]2 for the same injury, and vice versa.
8. (a) The Minister shall prescribe by Regulations a sum which shall be Funding paid into the State Treasury for vaccination and shall serve to fund the insurance premiums under this Law.
(b) The Minister may prescribe by Regulations the manner for collecting the sum provided for in sub-section (a) by Regulations, including —
(1) collecting it from the person receiving the vaccination or from the person administrating it or through him;
1 [5728] SH 108, 22 LSI 114. 2 10 NH 266, 2 NV 5. 21 (2) collecting it as part of a treatment fee or service fee paid in family health stations, in clinics and in schools.
Variation 9. The Minister may, with the consent of the Minister of Finance, and upon of consultation with the committee of experts, vary the Schedule by order. Schedule 10. This Law shall apply to vaccinations given from the date of the passing Application of this Law by the Knesset.
Implemen• 11. (a) The Minister is charged with the implementation of this Law and tation and may make regulations regarding any matter relating to such implementation. Regulations
(b) Regulations and orders made by the Minister under this Law shall require the approval of the Labor and Social Affairs Committee of the Knesset.
Schedule
(Section 1)
Each of the following vaccinations, provided that it is not administered as part of medical treatment: (1) Triple vaccination — diphtheria, tetanus and pertussis (whooping- cough) (DTP) or any component thereof separately; (2) poliomyelitis vaccination; (3) combined vaccination — measles, mumps and rubella (MMR) or any component thereof separately; (4) any other vaccination administered pursuant to section 19 of the Public Health Ordinance, 1940.3
YITZHAK SHAMIR YA'AKOV TSUR Prime Minister Minister of Health CHAIM HERZOG President of the State
3 [1940] Supp. 1191; [5748] SH 67, 42 LSI 66. 22 (No. 11)
INVALIDS (PENSIONS AND REHABILITATION) (AMENDMENT NO. 14) LAW, 5750-1989*
1. In section 7(al) of the Invalids (Pensions and Rehabilitation) Law, 5719- Amendment of Section 1959 [Consolidated Version]' (hereinafter — the principal Law), the 7 following shall be inserted after paragraph (4):
"(5) an invalid whose degree of invalidity is a special 100% determined according to rules detailed in regulations — shall be paid an addition of 40% of the ordinary pension."
2. In section 7C of the principal Law, the first part, ending in the words Amendment of Section "the determining wage", shall be numbered (a), the last part, commencing 7C with the word "Regulations", shall be numbered (c), and the following shall be inserted between them:
"(b) An invalid aged fifty-five years or over whose degree of invalidity is a special 100% determined according to rules detailed in regulations, shall be paid an addition to his pension in accordance with his age, at rates and on conditions prescribed by regulations."
3. This Law shall take effect on the first day of the month following its Commence• publication. ment
YITZHAK SHAMIR SHIMON PERES Prime Minister Minister of Finance CHAIM HERZOG President of the State
* Passed by the Knesset on 7 Kislev 5750 (5 December 1989) and published in SH 1293 of 16 Kislev 5750 (14 November 1989), p. 20; the Bill and Explanatory Notes were published in HH 1893, on 21 Tammuz 5748 (6 July 1988), p. 251. 1 [5719] SH 276,13 LSI 315; [5744] SH 140, 38 LSI 188. (No. 12)
STATE SERVICE (BENEFITS) (AMENDMENT NO. 29) LAW, 5750-1989*
Amendment ! jn section 63c of the State Service (Benefits) Law [Consolidated Version]
63C 5730-1970' (hereinafter—the principal Law), the following shall be inserted at its end:
"(d) This section shall also apply to any person !who retired from the service prior to 6 Tammuz 5739 (1 July 1979), but no payment shall be made under this section for the period prior to the first day of the month following its publication."
YITZHAK SHAMIR SHIMON PERES Prime Minister Minister of Finance CHAIM HERZOG President of the State
Passed by the Knesset on 7 Kislev 5750 (5 December 1989) and published in SH 1293 of 16 Kislev 5750 (14 December 1989); the Bill and Explanatory Notes were published .p. 16 ״(in HH 1958 of 22 Heshvan 5750 (20 November 1989 [5730] SH 65; [5749] 12; 24 LSI 57,43 LSI 13.
24
1 (No. 13)
KNESSET MEMBERS (IMMUNITY, RIGHTS AND DUTIES) (AMENDMENT NO. 7) LAW, 5750-1989*
1. Section 13A of the Knesset Members (Immunity, Rights and Duties) Replacement Law, 5711-1951' (hereinafter — the principal Law), shall be replaced by *•A"10" the following: f Restrictions !3A. (a) A member of the Knesset shall not engage in any occupation business or additional occupation if the occupation involves one of the following: (1) harm to the dignity of the Knesset, or to his status or obligations as a member of the Knesset; (2) suspicion of abuse or gaining an advantage or preference on account of his being a member of Knesset; (3) the possibility of a conflict of interests between his occupation and his position as member of the Knesset; (4) appearance, representation, conduct of negotiations or lobbying before a governmental authority for monetary or other material gain. (b) (1) A member of the Knesset may engage in any business or additional occupation not prohibited under the provisions of subsection (a), provided however that the annual income of a member of the Knesset from such occupation shall not exceed half his income as a member of the Knesset,
* Passed by the Knesset on 14 Kislev 5750 (12 December 1989) and published in SH No. 1294 of 22 Kislev 5750 (20 December 1989) p. 22; the Bill and an Explanatory Note were published in HH No. 1948 of 1 Av 5749 (2 August 1989), p. 150. 1 5711 [SH] 228,5 LSI 149; 5729 [SH] 130,23 LSI 144; [5743] SH 2 and 152, 37 LSI 3 and 179; [5746] SH 36,40 LSI 38; [5748] SH 140,42 LSI 153; [5749] SH 4,43 LSI 2.
25 either for monetary or other material gain; this restriction shall not apply to income from a literary, dramatic, musical or artistic work of the member of the Knesset; (2) At the end of each year, a member of the Knesset shall submit to the Speaker of the Knesset, at the time and in the form prescribed by the Speaker of the Knesset, a declaration including the particulars of his income from any business or additional occupation in the year preceding the submission of the declaration; (3) Declarations as referred to in paragraph (2) shall be open for public inspection according to arrangements prescribed by the Speaker of the Knesset. (c) For the purposes of this section — "to engage" — either individually or in partnership with another, including an employee or agent, except for the management of the assets of the member of the Knesset or his family; "additional occupation" — any occupation in addition to his occupation as member of the Knesset, including a one-time engagement; "income" has the same meaning as in the Income Tax Ordinance [New Version],2 including indirect income; "governmental authority" — any State authority, local authority, statutory authority, or any state corporation or institution, except for a court, tribunal and office in which rights are registered under any law; "material gain" — includes the provision of a vehicle, office, office services and telephone services to a member of the Knesset for his private needs. y (d) This section shall not apply to a Minister or Deputy Minister."
2 6NH 120, 1 NV 145. 26 2. Sections 13B and 13C of the principal Law are hereby repealed. Repeal of sections 13B and 13C
3. In section 13D of the principal Law — Amendment of section (1) in subsection (a), paragraphs (1) and (2) shall be replaced by the 13D following: "(1) contravened the provisions of section 13A or failed to comply with any instruction thereunder; (2) was absent from Knesset meetings without any reasonable justification — (a) for a continuous period of two or more months, and for this purpose, days of recess shall not be taken into account; or — (b) on a third or more of the meeting days which were held by the Knesset in a particular session." (2) In subsection (d), after paragraph (4), the following shall be inserted: "(5) denial of emoluments and other payments for the period of absence stated in subsection (a)(2), or denial of emoluments and other payments for a period not exceeding one year for each breach of any other provision of section 13A."; (3) subsection (e) is hereby repealed; (4) in subsection (f), "(d)(4)" shall be replaced by "(d)(4) or (5)".
its ־Section 8 of the Knesset Members' Emoluments Law, 57091949,3 Amendmen .4 of the hereby repealed. Knesset Members' Emoluments Law
5. The first declaration under section 13A(b)(2) shall be for the year ending Temporary on 14 Tevet 5741 (31 December 1990). provision
YITZHAK SHAMIR CHAIM HERZOG Prime Minister President of the State
3 [5709] SH 41, 3 LSI 28. 27 (No. 14)
ENCOURAGEMENT OF CAPITAL INVESTMENTS (AMENDMENT NO. 36) LAW, 5750-1989*
Amendment 1. In section 9(a) of the Encouragement of Capital Investments Law, 5719- of section 9 1959' (hereinafter — the principal Law), the following shall be inserted at the end of paragraph (1): "and in his absence, any person appointed by the Minister of Finance to be his substitute".
Amendment 2. In section 40C of the principal Law, the following shall replace subsection of section 40C (b): "(b) Notwithstanding the contents of subsection (a), the grant shall be in respect of assets of the enterprise produced or constructed by the enterprise owner, in the percentages specified in the Schedule, and in respect of equipment for rent or an industrial building — in accordance with the area in which the enterprise is which rented the equipment or constructed the building, from the lower of the following amounts: i (1) cost price plus reasonable profit, provided however that the profit does not exceed 10% of the cost price in the case of a building, and 15% of the cost price in the case of other assets; (2) the price on a sale by a willing seller to a willing purchaser of assets similar to the enterprise assets, produced or constructed in Israel; and where there is no local production of similar machines or equipment, or where for them there is no price of a willing seller to a willing purchaser — the import price of similar machines or equipment, and where there is no sale price from a willing seller to a willing buyer of a similar building — the building's price as determined by the chief government valuer."
Passed by the Knesset on 13 Kislev 5750 (11 December 1989) and published in SH No. 1294 of 22 Kislev 5750 (20 December 1989), p. 23; the Bill and an Explanatory Note were published in HH No. 1944 of 28 Tammuz 5749 (31 July 1989), p. 131. [5719] SH 234, 13 LSI 258; [5749] SH 2, 43 LSI 1. 28 3. In section 74(b)(1) of the principal Law, the words "to 70% of the rate of Amendment of section increase in the index" shall be replaced by the words "to the rate of increase 74 in the index".
4. In section 75B of the principal Law — Amendment of section (1) in subsection (a), the words "together with interest-on-arrears from 75B the day of its receipt" shall be replaced by the words "together with interest-on-arrears as determined by notice of the Accountant General at the Ministry of Finance in respect of any delay in transfer of funds from the banking system (in this Law — interest-on-arrears) or together with linkage differentials and interest, according to the greater amount"; (2) in subsection (b), the words "or a receiver has been appointed for it" shall be inserted after the words "its voluntary winding-up", the words "or appointment of the receiver" shall be inserted after the words "or the passing of the resolution" and the words "together with arrear interest from the day on which it was received" shall be replaced by the words "together with linkage differentials and interest";
(3) in subsection (c), the words "and with interest-on-arrears from the day of its receipt" shall be replaced by the words "together with linkage differentials and interest"; (4) the following shall be inserted at the end thereof: "(g) In this section — "linkage differentials and interest" — an addition to the amount of the grant-in-aid equal to the said amount multiplied by the rate of increase in the index in the period from the day the grant- in-aid was received until the day of its repayment, together with interest on the amount of the grant-in-aid; "index" — the consumer price index published by the Central Bureau of Statistics; "interest" — interest at the rate prescribed in the definition of "linkage differentials and interest" in the Adjudication of Interest and Linkage Law, 5721-1961."2
2 [5721] SH 192, 15 LSI 214; [5749] SH 52,43 LSI 67. 29 Amendment 5. In section 94(a) of the principal Law, in paragraph (3), the following of section 94 shall be inserted at the end thereof: "and where the enterprise is a hotel — no later than 13 Nissan 5748 (31 March 1988)".
YITZHAK SHAMIR SHIMON PERES Prime Minister Minister of Finance CHAIM HERZOG President of the State
(No. 15)
SENIOR CITIZENS LAW, 5750-1989*
Definitions 1. In this Law, "senior citizen" — an Israeli national who, according to the Population Registry record, has reached 65 years of age, in the case of a man, and 60 years of age, in the case of a woman.
Certificate 2. The Prime Minister's Office shall issue a senior citizen's certificate to each senior citizen.
Advisor 3. The Prime Minister shall, with the approval of the Government, appoint an Advisor on senior citizen affairs (hereinafter — the Advisor); the Advisor shall be subordinate to the Prime Minister.
Appointment 4. (a) The Prime Minister shall appoint a public council on senior citizen and Composition affairs (hereinafter — the Council) consisting of no more than 35 and no of Council less than 21 members. (b) At least one third of the members of the Council shall be women. (c) The following persons shall serve on the Council:
* Passed by the Knesset on 21 Kislev 5750 (19 December 1989) and published in SH No. 1295 of 30 Kislev 5750 (28 December 1989), p. 26; the Bill and an Explanatory Note were published in HH No. 1898 of 6 Av 5748 (20 July 1988), p. 269. (1) representatives of the government ministries and other State institutions, as the Prime Minister shall prescribe by regulations, with the approval of the Labor and Social Affairs Committee of the Knesset, provided however that their number shall not exceed one third of the members of the Council; (2) at least five representatives of the Union of Local Authorities; (3) at least five members who are representatives of the public and organizations of volunteers; (4) at least five representatives of the Association of Senior Citizens; (5) persons who in the opinion of the Prime Minister have experience and knowledge about the problems of senior citizens.
5. (a) The Prime Minister shall head the Council. Chairman of the (b) The Prime Minister may determine that the Advisor shall act in his Council place as head of the Council, for a specific matter or permanently.
6. The Council shall initiate and formulate activities and recommendations Functions of the calculated to improve the quality of life of the senior citizens; without Council derogating from the generality of the aforesaid, it may recommend — (1) relief —r even by means of legislation — of taxes and municipal rates; (2) benefits in public services; (3) anything beneficial to senior citizens.
7. The Council shall meet at least once every two months; it shall determine Meetings and its own working procedures to the extent that they are not prescribed by Procedure regulations.
8. The Prime Minister is charged with the implementation of this Law and Implemen- . tation and he may make regulations for its implementation. regulations
YITZHAK SHAMIR Prime Minister CHAIM HERZOG President of the State 31 (No. 16)
ENERGY SOURCES LAW, 5750-1989*
Definitions !. In this Law — "energy" — the capability to produce work which is exploitable in the form of electricity, heat, mechanical action and the like; "energy source" — a substance calculated to serve as a source for the production of energy, including electricity and also nuclear energy, solar energy, wave and wind energy and geothermal energy; "person engaged in energy" — any person engaged in the search, development, extraction, production, conversion, processing, accumulation or storage of energy sources or the construction and management of installations for such purposes, and any person engaged in the supply of energy sources by means of a national or regional system; "energy consumer" — an energy consumer in industry, agriculture, transportation or any other sector of the economy, excluding a consumer using energy mainly for personal or domestic requirements; "regulations" — regulations under section 3 of this Law; "the Minister" — the Minister of Energy and Infrastructure; "the Commissioner" — a person appointed by the Minister for the purposes of this Law, with notice of the appointment being published in Reshumot.
Object of 2. The object of this Law is to enable regulation of the exploitation of energy the Law sources, their allocation according to the various requirements of the economy and their efficient and thrifty use.
Power to 3. (a) To realize the object of this Law, the Minister may, with the approval regulations °^ ^e Economic Affairs Committee of the Knesset, make regulations regarding —
* Passed by the Knesset on 27 Kislev 5750 (25 December 1989) and published in SH No. 1296 of 3 Tevet 5750 (31 December 1989), p. 28; the Bill and an Explanatory Note were published in HH No. 1943 of 28 Tammuz 5749 (31 July 1989), p. 123. 32 (1) the methods of ensuring thrift and efficiency in the exploitation of energy sources;
(2) the methods of ensuring thrift and efficiency in the use of energy;
(3) the implementation of international agreements regarding energy explorations and use of energy sources;
(4) regulation of the use of energy sources during an emergency;
(5) methods of preparing plans for the construction or expansion of nuclear power plants for the production of electricity;
(6) encouragement of research and development in the field of energy sources and their exploitation;
(7) collecting and exchange of information regarding energy and coordinating between persons engaged in energy, in explorations for energy sources and implementation of energy schemes.
.i (b) Any matter which the Minister may regulate by regulations under this section he may by regulations prohibit, restrict or make conditional, including conditions for obtaining a general or special permit.
4. (a) To secure the implementation of the regulations, or where an offense Powers to demand against a provision under the regulations is suspected, the Commissioner, information or any person authorized by him in writing, may demand from a person and engaged in energy or energy consumer any information or document relating documents to their business, including any report, book, account, certificate or other document which may secure or facilitate the implementation of the provisions of the regulations or prove the commission of the offense. (b) The Commissioner shall return a document submitted to him to the person from whom it was taken by no later than six months after submission of the document, unless an indictment has been filed in a trial in which the document is calculated to be used as evidence. A judge of the Magistrates' Court may, at the application of the Commissioner or a representative of the Attorney General and after having given the person from whom the ^document was taken a fair opportunity to be heard, extend this period on such conditions as he shall prescribe. 33 (c) Where a person from whom a document has been taken has requested to receive a photocopy of the document, the Commissioner shall provide him with such a copy no later than three months from the day on which the document was taken or within one month from the day of the request, whichever is the later.
Inspection 5. (a) A person authorized by the Minister for this purpose in writing may, and seizure if he is convinced that it is necessary in order to secure the implementation of the regulations or to prevent an offense against their provisions, at any reasonable time enter any place serving as a business and conduct an inspection as to compliance with the provisions of the regulations, inspect documents and seize any document which he has reasonable grounds to assume is necessary for the investigation of the offense against the provisions of the regulations. (b) The provisions of sections 26 to 29 of the Criminal Procedure (Arrest and Searches) Ordinance [New Version], 5729-1969,' shall apply to a search under subsection (a). (c) The provisions of section 4(b) shall apply in respect of a document seized under the provisions of this section.
Secrecy 6. A person authorized under sections 4 or 5 shall not disclose the contents of any information or document coming into his possession by virtue of his duty, except for the purposes of an investigation under any law, or to the Commissioner; this provision shall not prevent disclosure at the demand of the Attorney General or the court.
Implemen• 7. (a) Where a person engaged in energy or energy consumer fails to tation by the comply with any of the provisions of the regulations and the Commissioner Commis• is convinced that the failure so to comply constitutes a clear and immediate sioner danger to the safety of any person or property, he may implement such provision himself instead of them and collect from them all the necessary expenses paid by him for this purpose; the Taxes (Collection) Ordinance2 shall apply to such collection of expenses as if they were a tax within its meaning in the Ordinance.
1 12 NH 284, 2 NV 30; [5740] SH 116, 34 LSI 130. 2 2 Laws 1399; [5741] SH 157, 35 LSI 173. 34 (b) The Commissioner shall act as stated in subsection (a) only after having given notice to the person bound to comply with the provision, in which he was demanded to immediately implement it, provided however that in the particular circumstances of the case there was time to give notice.
8. Use of powers by virtue of this Law in all matters relating to the safety Exercise of of the construction and operation of a nuclear reactor for the production of powers in respect of a electricity shall be made subject to the provisions of any law and after nuclear consultation with the Prime Minister. reactor
9. (a) A person who has violated any provision prescribed in the regulations Penalties shall be liable to a fine as stated in section 61(a)(3) of the Penal Law, 5737- 19773 (hereinafter—the Penal Law), and in the case of a continuing offense, an additional fine for each day on which the offense continues, at the rate stated in section 61(c) of the Penal Law. (b) Where a provision as stated in subsection (a) has been violated by a body corporate, any person who at the time of the commission of the offense was an active manager of the body corporate shall also be liable for the offense, unless he proves that the offense was committed without his knowledge, and that he took all reasonable measures to prevent the breach of the provision.
Amendment 10. In the Petroleum Law, 5712-1952" — of Petroleum (1) in section 1, the definitions of "the Authority" and "the Director" Law are hereby repealed: (2) the following shall be inserted after section 1:
"Commissioner 2. The Minister shall appoint a Commissioner for Petroleum for Petroleum Affairs (hereinafter — the Commissioner); notice of the Matters appointment shall be published in Reshumot.
Advisory 3. (a) The Minister shall appoint an Advisory Council of Council nine members (hereinafter — the Council), of whom at least five shall be from the public; the members shall be appointed for three years, and may be re-appointed.
3 [5737] SH 226, LSI Special Volume. 4 [5712] SH 322, 6 LSI 129. 35 (b) The Minister shall appoint one of the members of the Council to be Chairman of the Council. (c) Notice of appointment of the Council shall be published ' in Reshumot. ! (d) The Council shall perform the duties with which it is charged under this Law and shall advise the Minister and the j Commissioner on any matter they present to it. ! (e) Five members of the Council shall constitute a quorum at its meetings. | (f) . The Council shall determine its own procedure and order ! of work. i
(g) Nothing shall be disclosed from the deliberations of the 1 Council or any material submitted to it, except by the ! Chairman of the Council." ; (3) wherever the word "Authority" appears, it shall be replaced by the word "Council".
Amendment 11. In section 2 of the Operation of Vehicles (Engines and Fuel) Law, 5721 - of the ' 5 Operation I960, the words "The Minister of Commerce and Industry may, in of Vehicles consultation with the Minister of Transport and with the National Energy Law Authority established under the National Energy Authority Law, 5737-1977" shall be replaced by the words "The Minister of Energy and Infrastructure, in consultation with the Minister of Transport".
Mines 12. (a) Power granted in the Mines Ordinance6 to the Controller or the Ordinance power Director, within their meaning in the said Ordinance, shall, in all matters regarding minerals which the Minister or the person whom he has authorized for this purpose have determined by notice in Reshumot that they are a source of energy, be vested in the Commissioner, and he shall exercise it in consultation with the Advisory Council under the Petroleum Law.
5 [5721] SH 12, 15 LSI 8. 6 1 Laws 903. 36
I (b) .For the purposes of this section, "minerals" — to the exclusion of radioactive minerals within their meaning in the Radioactive Minerals Ordinance, 1947.7
13. The National Energy Authority Law, 5737-1977,8 is hereby repealed. Repeal i
14. Regulations made under the National Energy Authority Law, 5737- Validity of 1977, shall remain in force for five years after the day of commencement of regulatlons this Law, as if they had been enacted by virtue of this Law.
YITZHAK SHAMIR MOSHE SHACHAL Prime Minister Minister of Energy CHAIM HERZOG and Infrastructure President of the State
I
I
7 [1947] Supp. 1 236. 8 [5737] SH 61, 31 LSI 73. 37 (No. 17)
EMERGENCY REGULATIONS (JUDEA, SAMARIA AND THE GAZA REGION — CRIMINAL JURISDICTION AND LEGAL ASSISTANCE) (AMENDMENT AND EXTENSION OF VALIDITY) LAW, 5750-1989*
Extension 1. The validity of the Emergency Regulations (Judea, Samaria and Gaza of validity Region — Criminal Jurisdiction and Legal Assistance), 5727-1967' (hereinafter — the Regulations), in their version as amended by this Law, is hereby extended until 24 Tevet 5752 (31 December 1991).
Amendment 2. In regulation 6 of the Regulations — of regulation (1) the following shall be inserted at the end of subregulation (b): "and 6 he may be transferred to detention in a region in which the offense was committed"; (2) the following shall be inserted after subregulation (b): "(c) Where a warrant of arrest or a detention order has been issued in Israel against a resident of the region, his arrest and detention may be carried out in the region in which he resides in the manner in which a warrant of arrest or detention order is carried out in the region."
Addition of 3. The following shall be inserted after regulation 6B of the Regulations: regulations 6C and 6D "Regard of 6C. The duty of guard-service imposed under an order of the guard- service commander of the Israel Defense Forces in a region shall be duty regarded as a duty of guard-service under section 15 A of the
Passed by the Knesset on 29 Kislev 5750 (27 December 1989) and published in SH No. 1297 of 3 Tevet 5750 (31 December 1989), p. 32; the Bill and an Explanatory Note were published in HH No. 1959 of 29 Heshvan 5750 (27 November 1989), p. 20. [5728] SH 20, 22 LSI 20; [5748] SH 16,42 LSI 11. 38 Local Authorities (Regulation of Guard-Service) Law, 5721- 1961.2
Volunteer 6D. A person who has fulfilled his duty of guard-service at under the National an educational institution under an order issued by the Insurance commander of the Israel Defense Forces in a region shall be Law deemed a volunteer for the purposes of section 198E of the National Insurance Law [Consolidated Version], 5728-1968."3
4. In the Schedule to the Regulations — Amendment of Schedule (1) item 2 shall be replaced by the following
"2. Defense Service Law [Consolidated Version], 5746-1986";4
(2) item 9 shall be replaced by the following:
"9. Israel Defense Forces (Equipment, Registration and Mobilization) Law, 5747-1987".5
5. (a) This Law, except section 3, shall have effect from 4 Tevet 5750 (1 Commence- January 1990). ment
(b) Section 3 shall have effect from 7 Elul 5747 (1 September 1987).
YITZHAK SHAMIR DAN MERIDOR Prime Minister Minister of Justice CHAIM HERZOG President of the State
2 [5721] SH 169, 15 LSI 184. 3 [5728] SH 108, 22 LSI 114. 4 [5746] SH 107,40 LSI 112. 5 [5747] SH 56,41 LSI 57. 39 (No. 18)
INCOME TAX ORDINANCE (AMENDMENT NO. 80) LAW, 5750-1990*
Amendment 1. In section 3 of the Income Tax Ordinance1 (hereinafter—the Ordinance), of section 3 in subsection (e), the following shall be inserted after the definition of "teaching worker": ""supplementary training fund" means a supplementary training fund which is a benefit fund within its meaning in section 47;".
Amendment 2. In section 9 of the Ordinance, in paragraph (16A), the following shall be of section 9 inserted at its end: "(e) For the purposes of this paragraph and paragraph (16), "supplementary training fund" shall have the meaning it has in section 3(e);".
Addition of 3. After section 16C of the Ordinance the following shall be inserted: section 16D i "Linkage 16D. The Minister of Finance, with the approval of the Finance differentials Committee of the Knesset, may exempt from tax a trust fund's income from linkage differentials; for the purposes of this section, "trust fund" shall have the meaning it has in section 2 of the Joint Investments Trust Law, 5721-1961."2
Amendment 4. In section 46(b) of the Ordinance, the words "An amount increased as of section 46 aforesaid shall be rounded off to the nearest multiple of 100 Shekalim" shall be replaced by the words "The minimal amount increased as aforesaid shall be rounded off to the nearest multiple of 10 New Shekalim, and the maximal amount increased as aforesaid shall be rounded off to the nearest multiple of 1000 New Shekalim".
* Passed by the Knesset on 4Tevet 5750 (1 January 1990) and published in SH No. 1298 of 13 Tevet 5750 (10 January 1990), p. 36; the Bill and ah Explanatory Note were -.138׳ .published in HH No. 1946 of 1 Av 5749 (2 August 1989), p 6 1 NH 120, 1 NV 145; [5749] SH 26,43 LSI 42. ' 2 [5721] SH 36, 15 LSI 79; [5747] SH 159, 41 LSI 167. ' 40 5. In section 47(a)(2) of the Ordinance, the words "compensation or leave" v Amendment of section shall be replaced by the words "compensation, leave or supplementary 47 training".
6. In section 67A of the Ordinance, in subsection (c), after the words "such Amendment income" there shall be inserted the words "and other income which he has of section 67A in the year in which he had such income".
7. In section 124 of the Ordinance, the end part of the section beginning Amendment of section with the words "Where the assessee" shall be deleted. 124 '
8. In section 161 of the Ordinance, in subsection (c), the words "but the Amendment provisions of subsection (b) shall not apply" shall be replaced by the words of section 161 "and the Assessing Officer may determine in writing that no tax shall be deducted or that less tax shall be deducted than the rates prescribed in subsection (a)".
9. In section 175(a) of the Ordinance, the words "the tenth day" shall be Amendment of section replaced by the words "the fifteenth day"." 175 V 1 10. In section 187(c) of the Ordinance, in paragraph (1), the words "upon Amendment of section the expiration of two weeks from the day on" shall be replaced by the words 187 "on the fourteenth day of the month in".
11. In the Land Appreciation Tax Law, 5723-1963,3 the contents of section Amendment of the Land 115 shall be marked (a) and the following shall be inserted thereafter: Appreciation Tax Law "(b) The Minister of Finance, with the approval of the Finance Committee of the Knesset, may prescribe by regulations that amounts of depreciation deducted under section 21(d) of the Ordinance shall not be reduced from the acquisition value for the purposes of determining the balance of the acquisition value as defined in section 47, but shall be added to the sale value, being adjusted from the expiration of the tax year in which they were reduced until the time of the sale."
3 [5723] SH 156, 17 LSI 193; [5747] SH 106,41 LSI 118. 41 Amendment 12. In the Encouragement of Capital Investments Law, 5719-1959,4 in of the Encourage• section 47(al), the words "by the 4 Tevet 5750 (1 January 1990)" shall be ment of replaced by the words "by 24 Tevet 5752 (31 December 1991)". Capital Investments Law
Amendment 13. In section 33 of the Encouragement of Capital Investments (Agriculture) of the 5 Encourage• Law, 5741-1980, subsection (b) shall be replaced by the following: ment of Capital "(b) Where a person receives a dividend paid out of income as referred Investments (Agriculture) to in subsection (a), the provisions of section 47(b)(2) of the Law Encouragement of Capital Investments Law, 5719-1959, shall apply."
Amendment 14. In the Income Tax (Encouragement of Letting of Apartments) of the fi ' Encourage• (Temporary Provision and Amendment of Laws) Law, 5741 -1981 , in section ment of 7(a), the words "section 2" shall be replaced by the words "section 2(a)" Letting of Apartments and the following shall be inserted at its end: "and section 2(b) shall apply Law as from the 1980 tax year".
Amendment 15. In the Income Tax (Adjustments by Reason of Inflation) Law, 5745- of the 7 Adjustments 1985, in section 32(c)(1), the words "until 1987" shall be replaced by the by Reason words "until 1989". of Inflation Law
Commence• 16. (a) Sections 1, 3, 4, 5, 7, 11 and 14 shall apply as from the 1989 tax ment and application year. (b) Section 2 in respect of amounts which an employee received from a supplementary training fund shall apply commencing with the 1990 tax year, even if they originate in amounts deposited in the fund or in the profits accumulated in the fund prior to the said year.
4 [5719] SH 234, 13 LSI 258; [5748] SH 2,42 LSI 202. 5 [5741] SH 56, 35 LSI 52; [5747] SH 92,41 LSI 102. 6 [5741] SH 68, 35 LSI 67; [5746] SH 165, 40 LSI 176. 7 [5745] SH 172, 39 LSI 184. (c) Section 6 shall apply as from the 1988 tax year. (d) Section 8 shall come into force on the first day of the month after the publication of this Law in Reshumot. (e) Section 13 shall apply as from the 1987 tax year. (f) Section 9 shall apply in respect of the advance payments for the 1991 tax year and thereafter.
(g) Section 10 shall apply in respect of amounts of tax where the time when it is required that they be transferred to the Assessing Officer is 1 April 1990 or thereafter.
YITZHAK SHAMIR SHIMON PERES Prime Minister Minister of Finance CHAIM HERZOG President of the State (No. 19)
SEVERANCE PAY (TEMPORARY PROVISION) LAW, 5750-1990*
Definitions L In this Law —
"the determining period" — the period between 26 Shevat 5749 (1 February 1989) and 5 Nissan 5750 (31 March 1990); "the principal Law" — the Severance Pay Law, 5723-1963;' "entitled employee" — (1) an employee whose employment relationship with his employer was terminated during the determining period and he is entitled in consequence thereof to severance pay; however, if the right of the employee to severance pay was contingent under the provisions of the principal Law upon the fulfillment of any condition, he shall be deemed an entitled employee if the condition was fulfilled during the determining period, even if the employment relationship was terminated prior to the determining period; (2) the dependents of an employee as stated in paragraph (1) who are entitled to severance pay under section 5 of the principal Law; "the determining month" — the month, in the determining period, in which the employment relationship terminated between the entitled employee and his employer; in respect of an entitled employee whose entitlement to severance pay is contingent under the principal Law on the fulfillment of a condition — the month, in the determining period, in which the condition was fulfilled;
"the increment" — the increment to the severance pay stated in section 2;
* Passed by the Knesset on the 4 Tevet 5750 (1 January 1990) and published in SH No. 1299 of 13 Tevet 5750 (10 January 1990), p. 40; the Bill and an Explanatory Note were published in HH No. 1958 of 22 Heshvan 5750 (20 November 1989), p. 16. 1 [5723] SH 136, 17 LSI 161; [5733] SH222, 27 LSI 248; [5746] SH 148, 40 LSI 159; [5748] SH 41, 42 LSI 35. i 44 "the regular amount of severance pay" — the regular amount of severance pay calculated on the basis of wages up to a ceiling of NIS 2,085 a month, which is the ceiling prescribed in the general collective agreement on the cost of living increment of 17 September 1989 between the Coordination Bureau of the Economic Organizations in the name of the organizations incorporated therein and the General Federation of Labor in Israel, trade union department, the number of which in the Register of Collective Agreements is 7046/89.
2. An entitled employee for whom the wages serving as the basis for. Right to calculating severance pay due to him under the principal Law include an increment element of cost of living increment or price-rise compensation, is entitled to receive from his employer an increment to the severance pay at the rate specified below: the determining month rate of increment in percentages of the determining amount of severance pay
February to July 1989 2.28 August 1989 to March 1990 1.28
3. The provisions of this Law shall not apply to an entitled employee whose Restriction salary varies according to changes in the rate of foreign currency or the full on application consumer price index.
4. The increment shall be treated as severance pay for all intents and Treatment of purposes. increment
5. For the purposes of this Law the State shall be treated as every other Status of employer. State
6. (a) This Law shall apply in respect of an entitled employee, even if he Commence• was paid severance pay prior to the publication of this Law. ment and transitional provisions (b) In the event of a person who was paid severance pay at a time prior to fourteen days after the day of the aforesaid publication and he is entitled to an additional payment in consequence of the provisions of this Law —
45 (1) his employer shall not be obliged to pay him the aforesaid payment if he failed to submit a written demand for payment within one year of the day of the aforesaid publication;
(2) notwithstanding the provisions of section 20 of the Wage Protection Law, 5718-195 8,2 an additional payment as stated, paid within thirty days of the day of delivery of the demand, shall not be deemed to be delayed; where such payment has not been paid within the aforesaid period, the day of payment thereof for the purposes of that section shall be the thirtieth day after the day of delivery of the demand.
YITZHAK SHAMIR YITZHAK SHAMIR Prime Minister Minister of Labor and Social Affairs
CHAIM HERZOG President of the State
2 [5718] SH 86, 12 LSI 100. (No. 20)
EMERGENCY REGULATIONS (COMPULSORY PAYMENTS) (EXTENSION OF VALIDITY) LAW, 5750-1990*
1. The validity of the Emergency Regulations (Compulsory Payments) Extension 5718-1958,' is hereby extended until 7 Tammuz 5750 (30 June 1990). of Validity
2. This Law shall come into force on 3 Tevet 5750 (31 December 1989). Commence• ment
YITZHAK SHAMIR Prime Minister CHAIM HERZOG President of the State
* Passed by the Knesset on 4 Tevet 5750 (1 January 1990) and published in SH 1299 of 13 Tevet 5750 (10 January 1990), p. 41; the Bill and Explanatory Notes were published in HH 1961 on 27 Kislev 5750 (25 December 1989), p. 30. 1 [5724] SH 175, 18 LSI 174; [5749] SH 24,43 LSI 24. 47 (No. 21)
PENAL LAW (AMENDMENT NO. 28), 5750-1990*
Insertion of 1. After Article Five of Chapter 11 of the Penal Law, 5737-1977' Article Five "A" (hereinafter — the principal Law), the following shall be inserted;
"ARTICLE FIVE "A": OFFENSES RELATING TO VEHICLES
Definitions 413A. In this article — "vehicle owner" includes a person in lawful possession of a vehicle; "break" and "enter" have the meanings they have in section 405, the word "vehicle" replacing the word "building"; "vehicle" means vehicle driven by mechanical force of any kind or towed by a vehicle, and any machine or device so driven or towed, including a motorcycle with side car or trailer or without such, a three-wheel scooter and a bicycle or tricycle if they have an auxiliary motor; "forgery" and "document" shall have the meaning assigned to them by their definitions in section 414 of the Law.
Theft of a 413B. (a) A person who steals a vehicle shall be liable to vehicle imprisonment for seven years. (b) A person who takes a vehicle without permission from its owner, and transfers it to another place, or to another person, in circumstances that indicate an intention not to return it to its owner, even if he does each such act through another person, shall be treated as having stolen a vehicle.
Passed by the Knesset on 6 Tevet 5750 (3 January 1990) and published in SH 1300 of 15 Tevet 5750 (12 January 1990), p. 44; the Bill and Explanatory Notes were published in HH 1959 of 29 Heshvan 5750 (27 November 1989), p. 24. [5737] SH 226, LSI Special Volume; [5750] SH 10, supra 9. 48 Use of a 413C A person who drives, uses or transfers a vehicle vehicle without from place to place without permission from its owner and permission abandons it at or near the place from which it was taken shall be liable to imprisonment for three years; if he so does and abandons the vehicle in any other place he shall be liable to imprisonment for five years.
Theft from 413D, (a) A person who steals any thing from inside a vehicle vehicle or shall be liable to imprisonment for three years. dismantling of vehicle (b) A person who dismantles a part of a vehicle without permission from its owner, whether such part is permanently attached to the vehicle or not, shall be liable to imprisonment for five years. (c) A person who does what is set out in subsection (b) knowing that the vehicle is stolen shall be liable to imprisonment for seven years.
Wilful 413E. A person who destroys or harms a vehicle or part thereof harm wilfully shall be liable to imprisonment for five years.
Breaking 413F. A person who breaks a vehicle or breaks and enters a into a vehicle shall be liable to imprisonment for three years; a vehicle person who does such with an intention to commit a theft or felony shall be liable to imprisonment for seven years.
Possession 413G. A person in possession of an instrument which is used of breaking for breaking into a vehicle and has no reasonable explanation instruments therefor shall be liable to imprisonment for three years.
Theft or 413H. A person who steals or forges a document or uses a forgery of a document document fraudulently, where — (1) the document relates to the ownership, possession or use of a vehicle; or (2) the act is done in order to commit or facilitate the committing of an offense under this article, shall be liable to imprisonment for five years. 49 Alteration 4131. A person who forges or blurs the identifying marks of a of identity of vehicle vehicle or of part of a vehicle or who does an act that hampers or of part their identification shall be liable to imprisonment for seven of vehicle years.
Receiving 413J. A person who receives, by himself or through another, of stolen a vehicle or part of a vehicle knowing that the vehicle or part vehicle or part were obtained by an offense under this article, or who assumes, by himself or through or with another, control over such vehicle or part shall be liable to imprisonment for seven years.
Trade in 413K. Aperson who knowingly engages in the sale, purchase, stolen vehicle or dismantling or assembly of a stolen vehicle or of a stolen part part of a vehicle shall be liable to imprisonment for ten years.
Disquali• 413L. Where a person has been convicted of an offense under fication from holding a this article, the court may, in addition to any other penalty license and in addition to its power under section 43 of the Traffic Ordinance,2 disqualify such person from holding a driving license or a vehicle license for such period as it may determine.
Saving of 413M. The provisions of this article shall be in addition to laws the provisions of this Law and of any other law, and shall not derogate from them."
Replacement 2. The following shall replace section 401 of the principal Law: of section. 401 'Theft of 401. A person who uses a vessel or aircraft without permission vessel or from its owner or the person in lawful possession thereof shall aircraft be liable to imprisonment for three years; in this section — "vessel" — a vessel designed to navigate other than a vessel propelled by oars alone;
2 7NH 173,1 NV 222. 50 "aircraft" — a motorized vessel or device intended or serving for flight in the air."
3. In the Second Schedule of the Courts Law [Consolidated Version] ,5744- Amendment 1984,3 the contents of paragraph 1 shall be numbered "(a)" and the following £aw shall be inserted thereafter:
"(b) Offenses under Article Five "A" of Chapter Eleven of the Penal Law, 5737-1977, excepting an offense under section 413K."
YITZHAK SHAMIR DAN MERIDOR Prime Minister Minister of Justice CHAIM HERZOG President of the State
3 [5744] SH 198, 38 LSI 271. 51 (No. 22)
ISRAEL DEFENSE FORCES (PERMANENT SERVICE) (BENEFITS) (AMENDMENT NO. 3) (AMENDMENT) LAW, 5750-1990*
pne f0nowing shall replace section 2 of the Israel Defense Forces׳ ! Replacement of section 2 (Permanent Service) (Benefits) (Amendment No. 3) Law, 5749-1989:'
"Commence- This Law shall take effect on 16 Nissan 5740 (1 April 1980)
sna a v t0 a person entitled to a retirement pension or ׳Application an<* ^ PP to his survivors who were entitled to a benefit on or after such day."
YITZHAK SHAMIR SHIMON PERES Prime Minister Minister of Finance CHAIM HERZOG President of the State
Passed by the Knesset on 19 Tevet 5750 (16 January 1990) and published in SH 1301 of 28 Tevet 5750 (25 January 1990), p. 48; the Bill and Explanatory Notes were published in HH 1962 on 27 Kislev 5750 (25 December 1989), p. 34. [5749] SH 10, 43 LSI 9. 52
I (No. 23)
GALILEE (AMENDMENT) LAW, 5750-1990*
1. In section 1 of the Galilee Law, 5748-19871 (hereinafter — the principal ^"[j™6™ Law), the following shall be inserted after the definition of "The Galilee": "Merom ha-Galil" — the area of the following regional councils: Merom ha-Galil, Mevo'ot ha-Chermon, Upper Galilee and Ma'aleh Yosef; "family-run poultry farm" — an agriculturist or agricultural cooperative having a poultry-farm quota in a Moshav Ovdim."
2. In section 2 of the principal Law, the following shall be inserted after Amendment
• .• x of section 2 subsection (b): "(c) (1) In determining the quotas of production under the Egg and Poultry Board (Production and Marketing) Law, 5724-19632 (hereinafter — the Egg and Poultry Board Law), Merom ha-Galil shall be given preference in maintaining family-run poultry farms so that the egg and poultry quota and the actual production possibility in the family-run poultry farms shall be no less than 50 tons of annual production per fattening farm unit and 500,000 edible eggs per annum per hatching farm unit.
(2) The balance between egg and poultry supply and demand shall be maintained in order to prevent surpluses by continuing a free determination of quota in accordance with actual consumption. (3) Egg and poultry planning shall continue in order to prevent production surpluses by granting incubation vouchers in accordance with lawfully authorized production quotas, provided that these are actually in operation on the day of passing of this Law; supervision of poultry
* Passed by the Knesset on 25 Tevet 5750 (22 January 1990) and published in SH 1302 of 3 Shevat 5750 (29 January 1990), p. 50; the Bill and Explanatory Notes were published in HH. 164 of 18 Tevet 5750 (15 January 1990). 1 [5748] SH 22, 42 LSI 17. 2 [5724] SH 12, 18 LSI 10. 53 incubators and of farms in Israel and in Judea, Samaria and the Gaza Region shall be tightened. (d) (1) The family-run poultry farms in Merom ha-Galil shall be given support and price supplementation as set out in section 52 of the Egg and Poultry Board Law (hereinafter — the subsidy) at a rate of at least 50% more than the rate granted to a breeder in the other parts of the country. The basis for calculating the said subsidy shall be no less than the rate given to a breeder on the date of commencement of this Law, linked to the consumer price index; this provision shall also apply even if the subsidy given in the rest of the country is reduced or completely terminated.
(2) The provisions of this subsection shall be in addition to and not in derogation from the provisions of section 52 of the Egg and Poultry Board Law."
YITZHAK SHAMIR YITZHAK MODAI ARIEL SHARON Prime Minister Minister of Economics Minister of Industry and Planning and Trade CHAIM HERZOG President of the State (No. 24)
INCOME TAX ORDINANCE (AMENDMENT NO. 81) LAW, 5750-1990*
1. In section 3A of the Income Tax Ordinance1 (hereinafter — the Amendment of Section Ordinance) — 3A (1) the definition of "Israel national" shall be replaced by the following": ""Israeli national" — each of the following: (1) an Israel national within its meaning in the Nationality Law, 5712-1952;2 (2) a resident of Israel; (3) a person entitled to immigrate to Israel under the Law of Return, 5710-1950,3 and is a resident of a zone; (4) a body of persons in which an Israeli national as defined in paragraphs (1) to (3) is a controlling member; for this purpose, "controlling member" — as defined in section 32(9);" (2) in the definition of "zone", the words "the Gaza Region, the Golan Heights, Sinai and Southern Sinai" shall be replaced by the words "and the Gaza Region"; (3) after the definition of "zone" the following shall be inserted: ""resident of a zone" — the same as the definition of "resident of Israel" or "resident" in section 1, with the word "zone" replacing "Israel" wherever the latter appears;" (4) at the end of the section the following shall be inserted:
* Passed by the Knesset on 4 Shevat 5750 (30 January 1990) and published in SH 1303 of 13 Shevat 5750 (8 February 1990), p. 52; the Bill and Explanatory Notes were published in HH 1955, 5750, p. 8. 1 6 NH 120; [5749] SH 36; 1 NV 145; 43 LSI 42. 2 [5712] SH 146; [5748] 12; 6 LSI 50,42 LSI 9. 3 [5710] SH 159; [5730] 34; 4 LSI 114, 24 LSI 28. 55 "(f) Subject to the provisions of this section, the provisions of this Ordinance shall apply, mutatis mutandis, to an Israeli national who is a resident of a zone, or who acts in a zone."
Amendment 2. In section 9 of the Ordinance, paragraph (21) shall be replaced by the
of section 9 foUowing:
"(21) (a) a sum received by an employee as wage delay compensation under the Wage Protection Law, 5718-1958,4 within the limitations of the sum of linkage differentials and interest on the sum of the delayed wage; (b) notwithstanding the provisions of sub-paragraph (a), regarding a person whose taxable income for any of the 24 months preceding receipt of the compensation exceeded the ceiling sum for that month, the tax !component of the exempt compensation shall be paid as tax; (c) in this paragraph — ""the tax component'' means the compensation given for the part of the wage which would have been paid as tax had the wage been paid on time; "the ceiling sum" means the sum of 2,300 new shekalim per month, adjusted as if it were an income ceiling as defined in section 120A;".
Amendment 3. In section 89(b) of the Ordinance, the following shall be inserted at the of section 89 end of paragraph (1): "for this purpose, a "resident of Israel" includes an Israeli national within its meaning in paragraphs (1), (3) or (4) of its definition in section 3A, who is a resident of a zone as defined in the said section".
Amendment 4. In section 122 of the Ordinance — of section 122 (1) in subsection (b)( 1), the sum set out therein shall be replaced by the sum "2,500 new shekalim"; (2) at the end of the section the following shall be inserted:
4 [5718] SH 86; [5747] 83; 12 LSI 100; 41 LSI 90. 56 "(e) The Minister of Finance may by order, with the approval of the Finance Committee of the Knesset, vary the sum set out in sub• section (b)(1)."
5. In section 129 of the Ordinance — Amendment of section 129 (1) subsection (a) shall be replaced by the following: "(a) A cooperative society whose business is with its members cinly or whose business with a person who is not a member is negligible or coincidental only, and whose such business is mostly marketing
or processing of the agricultural produce of its members, shall bev liable to tax at a rate of 20% of such portion of its taxable income derived from one of the following: (1) marketing or processing of the agricultural produce of its members; (2) supply of agricultural input and equipment to its members; X (3) its income from agriculture, provided that more than 90% of its members' income from agriculture stems from the sale of agricultural produce through it; \ the sum on which the lower tax rate as aforesaid shall apply shall, not exceed 3% of the turnover of its business in that year, but the Minister of Finance may, with the approval of the Finance Committee of the Knesset, increase the said rate by order."; (2) in subsection (b), the words "has not paid company tax" shall be replaced by the words "has paid reduced tax" and the words "the amount of company tax not paid by it" shall be replaced by the words "the amount of tax at the reduced rate."
6. In section 2A(a) of the Employers' Tax Law, 5735-1975,5 the following Amendment of shall be inserted at its end: Employers' Tax Law "(6) work in a company which is under a duty to make deductions at the source from payments for services or assets and whose main income during the tax year is derived from the sale of computerized data
5 [5735] SH 118,29 LSI 152. 57
\ processing services to a person who is not a controlling member of it, such data processing being effected by software created, developed and maintained by employees of the company; for this purpose, "controlling member" — as defined in section 32(9) of the Ordinance."
Amendment 7. In section 40(7) of the State Economy Regulation (Statutory of State 6 Economy Amendments) Law, 5749-1989, the following shall be inserted after Regulation subparagraph (d): (Statujory Amendments) "(e) the grant of an exemption, of relief or deferment, as the case may Law be, regarding capital gains tax or land appreciation tax, due to the sale of property from an assessed person to a person who is not assessed, which is required under the arrangement, the Kibbutz agreement or any additional agreement, the sale funds having been directly transferred in full to cover the debts of the assessed person in such context;".
Application 8. (a) Sections 1, 3 and 5 shall apply as from the 1989 tax year. and commence• (b) Section 2 shall apply with respect to wage delay compensation paid to ment an employee after the day of publication of this Law even if such compensation relates to the delay of wage for work performed prior to such day. (c) Notwithstanding the contents of subsection (a), in respect of companies which commenced operations in a zone prior to the 1990 tax year, the provisions of sections 1 and 3 shall apply beginning with the 1991 tax year. (d) Notwithstanding the contents of subsection (a), in respect of a public institution within its meaning in section 9(2) of the Ordinance, and in respect of a company that is under full control of a regional council, the provisions of sections 1 and 3 shall apply beginning with the 1995 tax year, provided that such institution or company were residents of a zone and were operating in such zone at the end of the 1989 tax year; for this purpose, "regional council" means a regional council to which an order granted by the commander of the Israel Defense Forces in the zone regarding the administration of regional councils applies, a local council to which such an order regarding administration of local councils applies, or a settlement which, at the end of the 1989 tax year, was listed in the schedule of one of the said orders.
6 [5749] SH 28, 43 LSI 28. 58 (e) Section 4 shall have effect from 4 Tevet 5750 (1 January 1990); the provisions of section 122(d) of the Ordinance shall not apply on that day. (f) Section 6 shall apply beginning with the 1990 tax year.
YITZHAK SHAMIR SHIMON PERES Prime Minister Minister of Finance CHAIM HERZOG President of the State
(No. 25)
NATIONAL INSURANCE (AMENDMENT NO. 70) LAW, 5750-1990*
1. In section 127DDD of the National Insurance Law [Consolidated Amendment of section Version], 5728-1968' (hereinafter — the principal Law), the end of the 127DDD section commencing with the words "up to a maximum" shall be replaced by the words "up to a maximum of ten times the average wage, for each employee, subject to the provisions of section 127111(b)".
2. In section 127EEE(a) of the principal Law, the end of the subsection Amendment commencing with the words "up to a maximum" shall be replaced by the of section 127EEE words "up to a maximum of ten times the average wage, for each employee, subject to the provisions of section 127111(b)".
3. Section 127FFF of the principal Law shall be replaced by the following: Replacement of section "Publication 127FFF. The Minister shall publish in Reshumot notice of 127FFF maximum tne variations of the maximum which occur by virtue of sums sections 127DDD and 127EEE."
* Passed by the Knesset on 4 Shevat 5750 (30 January 1990) and published in SH 1303 of 13 Shevat 5750 (8 February 1990), p. 54; the Bill and Explanatory Notes were published in HH 1966, 5750, p. 50. 1 [5728] SH 108; 22 LSI 114; [5748] SH 74,42 LSI 72. 59 Commence- 4 This Law shall take effect on the first day of the month following its Application publication, and shall also apply to a claim for a benefit filed under Chapter Six "C" of the principal Law prior to the said day, provided that such benefit has not yet been paid:
YITZHAK SHAMIR YITZHAK SHAMIR Prime Minister Minister of Labor CHAIM HERZOG and Social Affairs President of the State
(No. 26)
SECOND TELEVISION AND RADIO AUTHORITY LAW, 5750,1990*
Chapter 1: Interpretation
Definitions !. In this Law — . ' ' \
"studio" — a place in which the programs intended for broadcasting are produced, including the production equipment; "zone" — a geographical area the boundaries of which have been set out in a radio broadcasting concession; • • ׳ J 1 •1 "means of control", in a body corporate — any of the following: ׳ . •I ! 1• ; '״! the right to vote in the\geheral meeting of a company or in a (׳•• / (1 I parallel body of! a different! body corporate; (2) the right to ]appoint directors or a general manager; (3) the right to participate in the profits of the body corporate; I ׳ 1 1 (4) the right to a portion of the remainder of the assets of the body corporate upon winding up, after payment of all of its debts;
Published in SH 1304 of 18,Shevat 5750 (13 February 1990). 60 "concessionaire" — a person who has received a broadcasting concession under this Law; "interested party" — a person holding ten or more percent of the issued capital of the body corporate, or of any class of means of control in it; a person who is entitled to appoint ten percent of the number of directors or the general manager, and any person serving as a director or general manager of a body corporate; "the council" — the council of the Authority, appointed under section 7; "the director" — the director general of the Authority, appointed under section 25; "the Authority" — the Second Television and Radio Authority established under this Law; "the Minister" — the Minister of Communications; "the news company" — the news company within its meaning in section 63; "the Broadcasting Authority Law" — the Broadcasting Authority Law, 5725-1965;1 "the Telecommunications Law" — the Telecommunications Law, 5742- 1982;2
"the Penal Law" — the Penal Law, 5737-1977;3 "broadcast unit" — within its meaning in section 54; "the Wireless Telegraphy Ordinance" — the Wireless Telegraphy Ordinance [New Version], 5732-1972;4 "relative" — spouse, parent, brother, sister, their spouses and the children of each of the above; "broadcasts" — television and radio broadcasts to the public under this Law;
1 [5725] SH 106; 19 LSI 103; [5741] 78; 35 LSI 80. 2 [5742] SH 218; 36 LSI 229; [5749] SH 104,43 LSI 143. 3 [5737] SH 226; LSI Special Volume, 5737-1977. 4 25 NH 506, 2 NV 288. "television broadcasts" — television broadcasts to the public that are diffused by way of wireless; "radio broadcasts" — broadcasts of sound programs to the public that are diffused by way of wireless ; "control" — the ability to direct the operations of a body corporate; a person shall be presumed to control a body corporate if he holds half or more of a certain class of means of control in the body corporate or if he is entitled to appoint half of the number of directors in the body corporate or its general manager; "broadcasting station" — an installation or device serving or intended to serve for purposes of broadcasts, their reception or their diffusion, other than a studio; "a commercial" — a broadcast of a commercial advertisement within the meaning of such broadcast in Chapter 6.
Chapter 2: The Authority
Article A: Establishment and Functions of the Authority
Establishment 2. The Second Television and Radio Authority is hereby established. of authority
The 3. The Authority shall be a body corporate. Authority - a body corporate
The 4. The Authority shall be an inspected body within its meaning in section Authority - 9(2) of the State Comptroller Law, 5718-1958 [Consolidated Version]5 an in• spected (hereinafter — the State Comptroller Law). body Functions 5. (a) The functions of the Authority shall be to maintain and supervise and powers broadcasts in the areas of study, education, entertainment and information of the Authority regarding politics, social affairs, commerce, economy, culture, science, art and sport.
(b) In fulfilling its functions, the Authority shall act with a view — (1) to promote Israeli Hebrew creations;
5 [5718] SH 92; 12 LSI 107. 62 (2) to foster good citizenship and to uphold the values of democracy and humanism; (3) to give expression to the Jewish heritage and its values and the values of Zionism; (4) to give expression to the culture of the nations, to human creation and to the values of civilization throughout the generations; (5) to maintain broadcasts in the Arabic language for the needs of the Arabic-speaking population, and to promote understanding and peace with the neighboring countries, in accordance with the basic tendencies of the State; (6) to give appropriate expression to the cultural variety of Israeli society and the various views prevalent among the public; (7) to broadcast credible, fair and balanced information; (8) to maintain broadcasts that are educational to the public at large and to sectors of the public; (9) to maintain broadcasts in foreign languages for new immigrants and tourists; (10) to prevent broadcasts prohibited under this Law.
6. The broadcasts shall be maintained through concessionaires, and at their Maintaining and expense alone. funding of broadcasts
Article B: The Council of the Authority
7. (a) The Government shall, at the recommendation of the Minister made Appointment and after consultation with organizations of authors, teachers and artists, the composition institutions of higher education, the Hebrew Language Academy, the Israeli of the Academy of Sciences and Humanities and other public bodies, appoint a council council comprised of fifteen members, and from among them the chairman of the council. (b) The members of the council shall be public figures with an appropriate cultural background, experience and knowledge in the fields of their specialty, and experience and understanding of the social situation in Israel. 63 (c) At the time of appointment, the composition of the council shall, as far as possible, reflect the variety of opinions prevalent in the public. (d) Notice of the appointment and composition of the council shall be published in Reshumot.
Term of 8. (a) The term of office of the council shall be four years. office (b) The outgoing council shall continue to serve until the appointment of the next council. (c) A member of the council may be reappointed for one further successive term only.
Limitations 9. (a) The following shall not be appointed members of the council: on appointment (1) a member of the Knesset or a member of the active management of a party; (2) a person who is a civil servant; (3) a person who is an employee of the Authority or an employee of a concessionaire, or an interested party in a body corporate that is a concessionaire; (4) a person who is not an Israeli national; (5) a person convicted of an offense which, in the opinion of the Attorney General, involves ignominy; (6) a person who is bankrupt; (7) a person connected, directly or indirectly, by himself or through his relative, agent or partner, in a contract or transaction with the Authority or with a concessionaire, or a person who is an interested party in a body corporate, including a partnership, which is so connected.
(b) No person whose other business is, in the Minister-'s,opinion, likely to create a conflict of interests with his role as a member of the council, shall be appointed as a member of the council.
64 10. (a) A member of the council shall cease to hold office prior to the end Expiry of term of of its term of office upon the occurrence of one of the following: office of member of (1) he resigns by delivery of a letter of resignation to the Minister; the council (2) one of the limitations set out in section 9(a), other than para• graph (7) thereof, applies to him; (3) he is permanently prevented from fulfilling his function, and the Minister, after consultation with the chairman of the council, has removed him from office by notice in writing. (b) Where a limitation referred to in section 9(a)(7) applies or is about to apply to a member of the council, he shall without delay give notice of the fact to the Minister through the chairman of the council. (c) Where the Minister has been informed that a limitation referred to in section 9(a)(7) or 9(b) applies to a member of the council, the Minister may, after giving the member of the council adequate opportunity to be heard, remove him from office as a member of the council, by notice in writing. (d) Where a member of the council has been absent without reasonable grounds from three consecutive meetings of the council or from more than half of the meetings it has held in one year, the Minister may, after consultation with the chairman of the council, remove •him from office by notice in writing. (e) Where an indictment is laid against a member of the council for an offense that prima facie involves ignominy, the Minister may, at the recommendation of the Attorney General, suspend the member from office until the handing down of final judgment in his case. (f) The Minister shall notify the Government of any case of expiry of office of a member of the council within fourteen days of the day of expiry.
11. (a) Where a member of the council resigns his position or ceases for Resignation some other reason to be a member of the council, another member shall be member of appointed in his place, in the manner set out in section 7, for the remainder the council of the term of office of the council. (b) The term of office of a member of the council appointed as set out in subsection (a) shall not be taken into account in counting the terms for the purposes of section 8(c). Substitute 12. (a) Where the chairman of the council is temporarily prevented from for chairman fulfilling his function or where his position becomes vacant and no other and person has yet been appointed in his place, the Minister shall, with the member of council approval of the Government, appoint one of the members of the council as his substitute for a period which shall not exceed three months. (b) Where the chairman of the council is temporarily prevented from taking part in any of the meetings of the council, and the Minister has not appointed a substitute for him as set out in subsection (a), the Minister may appoint a member of the council as his substitute for such meeting, provided that he shall not appoint such a substitute for more than two consecutive meetings. (c) Where a member of the council is prevented from fulfilling his function for a period of more than three months, or where a member of the council is suspended under section 10(e), the Minister may, with the approval of the Government, appoint a substitute for him.
Duty of 13. A member of the council shall act in the fulfillment of his function in trust fairness, in good faith and without prejudice.
Duty of 14. (a) A member of the council who is aware that he is or may be disclosure and connected, directly or indirectly, by himself or through his relative, agent or prohibition partner, with a transaction or a matter up for discussion in the council or on of one of its committees shall give notice thereof in writing to the chairman of contracting the council, immediately after becoming aware that the said transaction or matter are up for discussion, and he shall not be present during the discussions of the council or the committee regarding such transaction or such matter, and shall not take part in any decision regarding them or connected to them. (b) A member of the council, or his relative, agent or partner, or a body corporate in which one of the above is an interested party or manager, shall not enter into a transaction with the Authority or a concessionaire. ,(c) Where the provisions of this section affect the chairman, he shall act as set out herein, shall give notice thereof to the Minister and the provisions of section 12 shall apply, mutatis mutandis.
Expenses 15. (a) A member of the council shall not receive a salary from the and recompense Authority for his services, but shall be entitled to recompense for participation in meetings of the council and to reimbursement of expenses incurred in the 66 fulfillment of his function, at the rates to be prescribed by the Minister in regulations upon consultation with the Minister of Finance. (b) Notwithstanding the contents of subsection (a), the chairman of the council and the chairman of any sub-committee set up under section 18 shall be entitled to receive recompense for the time spent in fulfillment of their functions, in addition to the recompense prescribed in subsection (a) and at. the rate to be prescribed by the Minister in regulations upon consultation with the Minister of Finance.
16. (a) Meetings of the council shall take place at least once every two Meetings of the •months. council (b) The chairman of the council shall convene its meetings and shall set their dates and agendas, subject to the provisions of this article. (c) The council shall hold a special meeting at the demand of the Minister or the director or at least one third of the members of the council^ the meeting shall take place within eight days from the day of the demand; at such meeting, the council shall discuss the subjects set out in the demand. (d) The director, or a person designated by him for such purpose in his stead, shall be invited to all meetings of the council.
17. (a) The quorum at meetings of the council shall be the majority of its Procedure of the members, including the chairman of the council or his substitute; when the council meeting is opened with a quorum present, the rest of the meeting shall be lawful no matter how many members are present, provided that at the time of the passing of resolutions, at least one third of the number of members are present, including the chairman or his substitute. (b) Where there is no quorum when a meeting of the council is opened, the chairman may postpone the meeting for half an hour; upon the passing of such half hour, the meeting shall be lawful whatever number of members are present, but the provisions of subsection (a) shall apply to the passing of any resolution. (c) Resolutions of the council shall be passed by a majority of those participating in the vote; where the votes are hung, the chairman of the council or his substitute shall have a casting vote. (d) The council shall set its methods of work and its procedures, insofar as they are not prescribed in or under this Law. 67 Sub• 18. (a) The council may, for the purpose of fulfilling its functions — committees, advisory (1) appoint sub-committees from among its members, for any committees matter that it may see fit, determine the functions of such sub• committees and delegate powers to them, with the exception of the following powers: prescribing of rules, hiring and dismissal of the director, approval of the budget of the Authority, and approval of financial reports; (2) appoint advisory committees for its various areas of activity, comprised of its members or non-members, provided that voting rights shall not be given to persons who are not members of the council. (b) The council shall prescribe rules for the appointment of advisory committees as mentioned in subsection (a)(2), for their methods of work and the extent of application of sections 9, 10 and 14 to members of committees who are not members of the council. (c) A member of the council shall not serve as chairman of more than one sub-committee.
Appeal by 19. (a) Two of the members of va subcommittee appointed under section members of sub• 18(a)(1) may appeal to the plenum of the council against any resolution committee passed by the sub-committee contrary to their opinions. (b) The appeal shall be submitted to the chairman of the council, and in his absence to his substitute, within forty-eight hours from the time of passing of the resolution, and he shall delay implementation of the resolution until the finding of the plenum of the council. / Repeat 20. One third of the members of the council may request a repeat discussion discussion in plenum in the plenum of the council on a resolution passed by a sub-committee.
Validity of 21. The existence of the council, its powers and the validity of its resolutions resolutions shall not be affected by the position of a member becoming vacant, or by a defect in the appointment or continued tenure, of a member, provided that the number of members of the council has not become less than two thirds.
Dissolution 22. (a) Where the Minister is of the opinion that the council is not fulfilling of council its functions under this Law, and in particular, that —
68 (1) it did not hold meetings at the frequency prescribed;' (2) it did not approve the Authority's budget on time; he shall warn the council, by notice in writing which he shall send to the chairman of the council, that if, within the time that he shall set, the council does not do what it is required to do, he shall propose to the Government to dissolve the council. (b) Where the council does not perform what is required of it as set out in subsection (a) within the time set by the Minister in his notice,! the Minister may, with the approval of the Government, order the dissolution of the council. | J 1
(c) Within ,thirty days of the date of dissolution of the council, a new council shall be appointed in the manner set out in section 7.
Article C: Functions and Powers of the Council
23. The council, without derogating from the rest of its functions and Functions powers, shall- ^ersof
(1) outline the policies of the Authority; the counci1 (2) continually supervise the effecting of broadcasts by. the concessionaires, and the maintenance of the services that they provide; (3) discuss the proposed budget of the Authority for each financial year submitted to it by the Director, and approve it as proposed or with such changes as it may see fit; (4) upon the recommendation of the Director, appoint the representatives of the Authority on the board of directors of the company; (5) determine the seasonal broadcast schedule of the concessionaires, upon a proposal submitted to it by the Director; (6) determine, with the approval of the Minister, the regions for radio broadcast concessions as set out in section 72; (7) discuss the reports which the auditor of the Authority shall submit to it and draw its conclusions;
i 69 (8) receive reports, upon demand, from the director and from the sub• committees, discuss them and draw its conclusions; (9) submit to the Minister any report he demands; (10) discuss and decide any other matter that it may consider necessary for the performance of its functions.
Setting of 24. (a) The council, at its own initiative or upon the demand of the Minister, rules shall set rules in respect of broadcasts, the effecting of broadcasts and the supervision of broadcasts, to the extent that it deems necessary for the fulfillment of the purposes of this Law, and including rules regarding — (1) the classes, topics, contents, nature and level of broadcasts, whether in general or in respect of a particular matter; (2) prohibited broadcasts as mentioned in section 46; (3) broadcasting times; (4) the methods and times for provision of prior information to the Authority regarding programs and content of broadcasts; (5) programs the broadcasting of which requires the prior consent of the Authority, and programs which concessionaires must transmit in full for prior examination by the Authority; (6) the topics, style, contents, scope and timing of advertising broadcasts permitted under this Law; (7) programs and broadcasts of which a concessionaire is required to preserve recorded copies, including the manner and period of such preservation; (8) the number of programs and the quantitative proportion between them, in accordance with the following: (a) classes of programs; (b) the target groups to which the broadcasts are intended; (c) local productions as defined in section 58, or other programs; (d) purchased local productions or independent productions of a concessionaire, as defined in section 58; 70 (e) broadcasts in Arabic and in other languages; (f) regional or national characterization of programs. (9) methods for publishing the schedule of broadcasts and the manner of providing information about them to the public; (10) the reports that a concessionaire is to provide the Authority; (11) anything regarding coordination - for reasons of economy — of the purchase of programs from abroad by television broadcast concessionaires. (b) The council shall bring such rules as it makes to the knowledge of the Education and Culture Committee of the Knesset.
Article D: The Administration of the Authority
25. The council shall appoint the director general of the Authority upon the Appointment
recommendation of the Minister and with the approval of the Government; generai notice of the appointment shall be published in Reshumot.
26. (a) The term of office of the director shall be five years; the council Office of may extend his appointment for a further term of office; at the end of the director second term, the council may, by a majority of two-thirds of the members of the council, extend the term of office of the director for a third term. (b) The director shall cease to serve prior to the end of his term of office upon the occurrence of one of the following: (1) he has resigned by notice in writing submitted to the council through the chairman of the council; (2) the chairman of the council, after consultation with the council and with the consent of the Minister, has determined that the director has become permanently unable to fulfill his office; (3) the council, by a majority of two thirds of its members, has resolved, by reasoned resolution, to remove him from office. (c) Where the director resigns, his office shall expire at the end of thirty days after the day on which he submitted notice of resignation, unless the council, with the consent of the director, resolves on some other time. 71 (d) Where the director is temporarily unable to fulfill his office, or where his position becomes vacant andjno other person has been appointed in his place[ the chairman of the council shall appoint an acing director for the Authority, for a period of no more than one month. (e) Where the Attorney General finds that there are reasonable grounds for suspicion that the director has committed a criminal offense that prima facie involves ignominy, or that an indictment has been laid against the director for such an offense, he shall propose to the Minister that the director be suspended from office until final judgment is given in his case, or until a decision is made hot to prosecute him.
Terms of 27. The council, with the consent of the Minister and upon consultation employment of director with the Minister of Finance, shall determine the director's salary and terms of employment. ^
Duties and 28. (a) The director shall be responsible for the ongoing management of powers of inter alia — director the Authority's affairs, and his duties shall be, (1) to prepare a proposal for the apportionment of broadcast units among television broadcast concessionaires and to submit it for the approval of the council; (2) to demand and receive from each concessionaire a proposed schedule of its broadcasts, to prepare a schedule of broadcasts for all of the broadcasts and to submit it|for the approvaliof the council together with his recommendations; ^ \ (3) to supervise that the effecting of broadcasts by the , concessionaires shall be in accordance with the provisions of this Law and pursuant to the terms of the concession; (4) to prepare a proposed budget for the Authority for each financial year and to submit it to the council for approval no later than two months prior to the commencement of each financial year; (5) to submit an annual report to the council in regard to the activities of the Authority and the activities of the concessionaires, and any other report that the council may demand and at such time as it demands; (6) to advise concessionaires! in any matter concerning maintenance of broadcasts; I 72 I
(7) to hold viewing and listening surveys of broadcasts at times that shall be prescribed, and to publicize the results of such surveys. (b) The director shall have all of the powers required for the ongoing management of the Authority, including the power to represent it in any matter. (c) The director shall act in accordance with the resolutions and directives of thecouncil. (d) The director may delegate any of his powers to an employee of the Authority; however, delegation of the power to represent the Authority in transactions shall require the approval of the council.
Article E: Hiring of Employees
29. The Minister, with the approval of the Government, may determine the Manpower ceihng of manpower ceiling of the Authority. the Authority
30. (a) Acceptance of a person to work at the Authority shall be effected Hiring of by way of public announcement. 1 employees I (b) The council may, for special reasons which shall be recorded, resolve that in the case of particular positions or classes of positions, the duty of announcement set out in subsection (a) shall not apply. (c) The provisions of this section shall not prevent the hiring of an employee to work for the Authority by way of special contract. (d) The council may prescribe rules regarding the modes and details of announcement, whether in general or for classes of positions, and regarding the instances and terms on which an employee is to be hired by way of special contract.
31. (a) The director, with the approval of the council, shall prescribe a list Terms of of positions in the Authority and the terms of employment therein; the salaries employment of and terms of employment of employees of the Authority shall be determined employees with the approval of the Minister after consultation with the Minister of of the Authority Finance. (b) Where an employee is accepted to a position in the Authority, the director shall prescribe the terms of his employment, his salary and the 73 period of his employment, within the framework of the salary and terms of employment determined under subsection (a).
Chapter 3: Broadcasting Concession
Article A: The Concession
Concession 32. (a) No person shall set up or operate a broadcasting station or maintain and licensing broadcasts without having received a concession therefor from the council. (b) A concessionaire shall require a license under the Wireless Telegraphy Ordinance but shall not require a license under the Telecommunications Law. (c) The provisions of subsection (a) shall not apply to broadcasts lawfully given to the public.
The 33. (a) The council may grant broadcasting concessions. concession and the (b) The council may set conditions in concessions, including conditions conditions of the that must be performed before the concessions are granted, and may set 'concession provisions and limitations on any matter stemming from the provisions of this Law, including in the following matters: (1) standards, specifications and timetables for the setting up, operation and broadcasting of broadcasting stations and the engineering supervision of their implementation; (2) the broadcasting unit available to each concessionaire; (3) the guarantees that the concessionaire shall be required to provide to the Authority in order to ensure the fulfillment of the conditions of the concession and methods for realizing them, all as the council shall prescribe in rules; rules made under this paragraph shall require the approval of the Minister. (d) A concessionaire shall fulfill all of the conditions of the concession as set out in the concession.
Concession 34. (a) The period of a broadcasting concession shall be four years. period (b) Notwithstanding the provision of subsection (a), the period of a television broadcasting concession first granted for any broadcast unit, in 74 the extent first set for each such unit, shall be six years (hereinafter — the first concession period).
35. The council may extend the concession period, without announcement, Extension for one additional period, provided that it has found that the concessionaire °J . has performed all of the provisions of this Law and the regulations made period under it, the rules of the council and the conditions of the concession.
36. (a) A concession may not be transferred, encumbered or sequestered. Limitations on transfer (b) Where a concessionaire is a body corporate with share capital— of title to concession (1) a person with an interest in the body corporate shall not, in any way, directly or indirectly, transfer to anyone else ten percent or more of any one means of control, whether at once or in parts, or the right to appoint one or more directors, unless he receives the prior consent of the council to do so; (2) no person shall, directly or indirectly, purchase, alone or together with his relatives or others working in permanent coordination with him, more than ten percent of any one means of control in the body corporate whether at once or in parts, or the rjght to appoint one or more directors, or its director general, unless he receives the prior consent of the council to do so. (c) Where the concessionaire is a body corporate that does not have share capital, a right to ownership or control of it shall not be transferred in any way, directly or indirectly, unless it receives the prior consent of the council. (d) A concessionaire which is a body corporate shall report to the Authority on any transfer or purchase of five or more percent of the means of control in it, all as the council shall prescribe in rules.
37. (a) The council may cancel, limit or reduce a concession if it finds Cancellation, termination that one of the following has occurred, provided that it has given the, or concessionaire a proper opportunity to be heard by the council: suspension of (1) the concessionaire has not fulfilled the provisions of this Law concession or of regulations or rules made under it, the seriousness of the breach of which justifies, in the opinion of the council, cancellation, limitation or reduction of the concession;
75 i
(2) the concessionaire has breached any provision of sections 36 and 46 or has 'not fulfilled the financing duty in sections 51 and 70(a); (3) the concessionaire has not disclosed information to the tender committee which it was required to disclose, or has provided the committee with incorrect information; (4) the concessionaire has breached a condition described in the concession as a fundamental condition; (5) one or more of the conditions set out in this Law qualifying the concessionaire tp make a tender or to be a concessionaire have ceased to exist in the concessionaire, or a condition disqualifying the concessionaire from making a tender or from being a concessionaire under the provisions of this Law has come to exist in the concessionaire; ! (6) the concessionaire has not commenced broadcasts or has interrupted them for aft unreasonable period of time;
1 (7) the concessionaire has requested that its concession be i cancelled; , | (8) the public good so requires, in the opinion of at least two thirds of jthe members of the council. :b) The concession shall expire upon one of the following) ׳. (1) at the end of the period set out in the concession; (2) the concessionaire has died; (3) the concessionaire is• bankrupt, or if it is a body corporate, it has resolved on voluntary winding up or the court has ordered that it be wound up as set out in the Companies Ordinance [New Version], 5743-19836 (hereinafter — the Companies Ordinance). (c) Where a receiver or temporary liquidator is appointed for a concessionaire, the council rnay suspend the concession for such period and on such conditions as it may determine.
! 6 37 NH 764. 76 (d) A concessionaire shall not be entitled to any compensation due to the cancellation, limitation or reduction of the concession under subsection (a).
Article B: Invitation of Tenders
38. A broadcasting concession shall be granted pursuant to a public Concession invitation of tenders which shall be published by the Authority. by tender
39. The council, with the consent of the Minister, shall prescribe rules Tender regarding procedures for granting a concession, including the drafting of rules invitations of tenders, the modes of submitting tenders and the treatment of tenders, and the modes and times for providing information regarding the results of invitations of tenders.
40. (a) The council shall constitute the tenders committee for television Tenders and radio broadcasts. committee (b) The chairman of the council shall act as chairman of the tenders committee, but he shall not have a right to a casting vote as set out in section 17(c). (c) The director, or an employee of the Authority appointed for such purpose by the director, may participate in any meeting of the tenders committee, but not as a member of the committee. (d) The tender committee may, as it sees fit, consult with experts who are not members of the committee; an expert who is connected to an applicant for a concession or whose other business may give rise to a conflict of interests shall give notice of such to the committee before giving advice as aforesaid, and such notice shall be recorded in the minutes of the deliberations of the committee, j (e) The tenders committee shall discuss tenders and shall decide upon the winning tender, and may disqualify any or all tenders.
41. (a) A person who fulfills at least the following conditions and to whom Right to the provisions of subsection (b) do not apply may submit a tender: tender (1) he is an Israeli national and a resident of Israel, or is a body corporate registered in Israel, at least 51 % of all the means of control in which, including the right to appoint at least half of the number 77 of directors and the director general, are held by a person who is such a national and resident, or by a body corporate to which the said conditions apply; in this paragraph, "Israeli national" — within its meaning in the Nationality Law, 5712-1952;7 (2) he has not been convicted of an offense which, in the opinion of the Attorney General, involves ignominy, and if a body corporate, neither its manager nor any person with an interest in the body corporate has been so convicted; (3) he is not an advertising agent or an agent of a performer as defined in the Performers' Rights Law, 5744-1984;8 (b) A person to whom any of the following applies may not submit a tender: (1) he holds a concession for broadcasts under the provisions of Chapter Two "A" of the Telecommunications Law (hereinafter - holder of another broadcasting concession); (2) he is the holder of control, directly or indirectly, in a body corporate which is the holder of another broadcasting concession, and holds, directly or indirectly, more than ten percent of any class of means of control in a body corporate wishing to tender; (3) he is the holder, directly or indirectly, of twenty-five percent or more of any class of means of control in a body corporate that is the holder of another broadcasting concession, and holds, directly or indirectly, more than twenty five percent of any class of means of control in a body corporate wishing to tender; (4) he is the holder, directly or indirectly, of ten percent or more of any class of means of control in a body corporate that is the holder of another broadcasting concession, and holds, directly or indirectly, more than half of any class of means of control in a body corporate wishing to tender; (5) where one of the limitations set out in paragraphs (2) to (4) exists, regarding the holding of means of control in a body• corporate that is the holder of another broadcasting concession, by two or
7 [5712] SH 146; 6 LSI 50. 8 [5744] SH 157; 38 LSI 213. more holders of means of control as set out in those paragraphs in a body corporate wishing to tender, all such holders shall not be entitled to hold in such body corporate more than the combination of the rate allowed for each of them under those paragraphs, provided that such rate shall not exceed half of any class of means of control in the body corporate wishing to tender; (6) it is a body corporate that is a daily or other newspaper, including a monthly newspaper (in this section — a newspaper) or is a person or body corporate that holds, directly or indirectly, twenty five percent or more of any class of means of control in a newspaper, and holds, directly or indirectly, more than ten percent of any class of means of control in a body corporate wishing to tender; for this purpose, it is immaterial if the holding of means of control as aforesaid by a person wishing to tender is one person or is a number of individuals or bodies corporate, to all of which the limitation set out in this paragraph regarding the holding of means of control in a newspaper applies.
(c) For the purposes of subsection (b), direct or indirect holding shall mean holding by a person including — (1) together with a relative of his or with another person acting with him in permanent coordination, or through one or more of such; (2) through another body corporate under his control or through a number of bodies corporate or through a body corporate controlled by a relative of his or by another person as set out in paragraph (1), or under the control of some of these or all of them.
42. (a) A tenders committee shall disqualify a tenderer if, in its Disquali• opinion — fication of tenderer (1) grant of the concession to such tenderer might be contrary to the public good; (2) grant of the concession to such tenderer might constitute a danger to the security of the State; (3) the tenderer is a political party or representative or agent of a political party or other body which, in the committee's opinion, might use the broadcasts to promote the special aims of such party or body.
79 (b) Where a tenders committee disqualifies a tenderer as set out in subsection (a), it shall record its reasons in writing.
phe tenders committee may require that a tenderer disclose full׳ (Disclosure 43 (a information 30^ exact details regarding his identity, business, capital structure and sources in tender of funding, and any other information which the committee thinks ought to be disclosed. (b) The tenders committee may require that a tenderer being a body corporate disclose all of the information set out in subsection (a) regarding an interested party in the body corporate and regarding any other person who has means of control in the body corporate directly or indirectly, including through one or more other persons or bodies corporate.
Discussions 44. The tenders committee may discuss details of tenders with tenderers, with tenderers may request clarifications regarding tenders and may request that all tenderers amend their tenders, all while granting an equal opportunity to each of them.
Criteria for 45. The tenders committee, in selecting the winning tender, shall take note, selecting the inter alia, of the following considerations: winning tender (1) the tenderer's financial and economic capacity; (2) the know-how and professional experience at his disposal; (3) the equipment and studios at the disposal of the tenderer; (4) the production capacity of the tenderer and the variety of programs and broadcasts that he proposes; (5) the ability of the tenderer to effect broadcasts in light of the purposes of the Authority as set out in section 5(b).
Article C: General Duties in Concessionaire Broadcasts
Prohibited 46. (a) A concessionaire shall not transmit broadcasts which constitute or broadcasts contain _
(1) a criminal offense or a civil wrong under any law; (2) incitement to racism, discrimination or actual injury to a person gQ or group of persons, on the basis of their belonging to any religion, race, nation, gender, ethnic community, way of life or ethnic origin; (3) political party propaganda other than election propaganda permitted by law; (4) breach of a prohibition prescribed by the council in rules under any other provision of this Law. (b) A true and fair broadcast of an act that contravenes the provisions of subsection (a)(1) to (4) shall not constitute a breach of this section. (c) A concessionaire shall not, in his broadcasts, give expression directly or indirectly, in writing or in any other manner of expression, to his own personal opinion, and if a body corporate — to the opinions of its directors or of interested parties in it.
47. (a) A concessionaire shall ensure that broadcasts of current events Opportunity that have public significance shall contain proper expression of the various to respond opinions prevalent among the public. (b) The council shall prescribe rules regarding the provision of an opportunity to respond in a manner that suits the circumstances of the case, to any person injured or who might be injured directly by the broadcasts.
48. (a) The council may take blocks of time from a concessionaire's Broadcasts broadcast unit for the purpose of making broadcasts by the Authority on by the Authority matters which, in its opinion, are of special interest to the public (in this section — "Authority broadcasts"), provided that such blocks of time shall not exceed two percent of all of the broadcast units in one year, divided as equally as possible between the concessionaires. (b) Instead of taking blocks of time as set out in subsection (a), the council may order a concessionaire to produce Authority broadcasts on its own, and to broadcast them on such matters and in such formats as it may determine, provided that the Authority shall fund the broadcast. (c) The council shall provide in each concession that it may take blocks of time as set out in subsection (a) in order to effect Authority broadcasts. (d) The Authority shall give notice to concessionaires of its intention to broadcast as aforesaid, at a reasonable time in advance, in accordance with the circumstances of the case.
81 (e) Where the Authority gives notice as set out in subsection (d) to a radio broadcasting concessionaire, the concessionaire shall make the broadcasting station available to the Authority for the time required by it for the broadcast as set out in subsection (a).
Taking 49. (a) The Authority may, on such dates as it may prescribe, take from a broadcasting concessionaire who has breached any of the rules of the council or an time instruction given thereunder in any of its broadcasts, or who has broadcast prohibited broadcasts as defined in section 46 (hereinafter -broadcast in breach), broadcasting times as follows: (1) for each minute of broadcast in breach - one minute of a commercial or ten minutes of any other broadcast; provided that the total taking for the broadcast of any one such program shall be no more than ten minutes of commercials or two hours of broadcasting;
(2) for broadcast in breach of less than one minute up to one minute of a commercial.
(b) The provisions of section 48, mutatis mutandis, shall apply to the use of broadcasting times taken as set out in subsection (a); such broadcasting times shall be added to the blocks of time set out in section 48(a). (c) The Authority shall notify a concessionaire of its intention to take blocks of time as set out in subsection (a) at least twenty-four hours before effecting such taking. (d) The council may prescribe rules for the implementation of this section.
Broadcasts 50. In cases of emergency or for reasons of security of the State, the in cases of emergency Authority may order a concessionaire to broadcast notices on behalf of the Government, the police, the General Staff of the Israel Defense Forces and the chief of HAGA.
82 Chapter 4: Television Broadcasts Article A: Stations and Concessions
51. (a) The Authority shall plan, establish and operate, by itself or through Establish• others, main broadcasting stations for television broadcasting, to receive ment and funding of and diffuse to the public broadcasts of broadcasting concessionaires as broadcasting aforesaid, to be received all over the country, all to be funded by such stations concessionaires, in such amounts as the Authority shall resolve in accordance with the provisions of subsection (b); such broadcasting stations shall be owned and supervised by the Authority; in this section — "funding" — the entire payment for planning, establishing and operating such stations, including payment for — (1) acquisition of the land on which the broadcasting stations are to be established; (2) acquisition of rights for use of equipment; (3) establishment of broadcasting stations, including the infrastructure works involved; (4) acquisition of the transmitters; (5) operation and maintenance of the broadcasting stations; "main broadcasting station" — a broadcasting station including a center for control, coordination, standardization and amplification of television broadcasts effected by a concessionaire, for their diffusion to the public directly or by way of additional main broadcasting stations. (b) The Authority shall decide on the rate of participation of each of the concessionaires in such funding, according to the broadcast unit allotted to it, and taking into account, inter alia, the pace of establishment of broadcasting stations and the expansion of reception capacity around the country. (c) Television broadcasting concessionaires may incorporate, in order to transfer their broadcasts to main broadcasting stations, and they may enter into contracts with the Authority for this purpose; such incorporation or contracting shall not be deemed a restrictive agreement for the purposes of the Restrictive Trade Practices Law, 5748-1988.9
9 [5748] SH 128; 42 LSI 135. 83 (d) The provisions of this section shall not derogate from the provisions of the Wireless Telegraphy Ordinance.
Guarantees 52. (a) A television broadcasting concessionaire shall deposit guarantees with the Authority to ensure the funding set out in section 51. (b) The council, with the approval of the Minister, shall prescribe rules regarding the classes of guarantee set out in subsection (a), their sums and dates of deposit, the methods of realizing them and the use of the funds received from such realization.
Refund of 53. Payments made by a television broadcasting concessionaire to fund payments broadcasting stations as set out in section 51 shall be refunded to the concessionaire by offsetting them against the royalties due from him to the Authority under this Law, at the rates and times and in the manner which the council shall prescribe by rules with the approval of the Minister; where the concession is cancelled or expires before all such monies are refunded, the balance shall be returned at the rates and times, in such manner and within such period as shall be prescribed in regulations.
Concession 54. (a) A television broadcasting concession shall be granted to three for broadcast winning tenders and for equal broadcast units; for this purpose — unit "broadcast unit" — days, including particular days of the week as the council may determine in the concession; "day" the period between 05:00 hours and the following 05:00 hours. (b) The council shall allot the various broadcast units and shall determine the timeframe for each broadcast unit. (c) The concessionaires may, with the prior consent of the Authority, exchange broadcast units or parts thereof with each other.
Right of 55. (a) The council shall grant Educational Television the right to make educational television television broadcasts for a first concession period, as defined in section 34(b); such right shall be granted for a broadcast unit of one seventh of the total broadcast units, for instructional and educational subjects only, during the viewing hours of the groups for which such broadcasts are intended.
84 (b) The right set out in subsection (a) shall be given without a public announcement. (c) Once Educational Television receives such right as aforesaid, it shall be treated as every concessionaire under this Law. I 56. An additional concession shall not be granted under this chapter — Limit on ! concession (1) to a television broadcasting concessionaire; (2) to a person who is an interested party, directly or indirectly, including through one or more other bodies corporate, in a body corporate that is such a concessionaire. ! j
Article B: Teletext Services
57. (a) The council may allow the operation of teletext services either by Teletext •services grant of a concession or by any other method; where the council resolves to concession allow the operation of teletext services in any other method, the provisions of this Law shall apply to such services, mutatis mutandis, all as the council may prescribe. 1 (b) A concession as set out in subsection (a) shall not be considered to be an additional concession for the purposes of section 56.
Article C: Content of Broadcasts
Definitions ׳ — 58.1ri this article "local production" — a program wholly or mostly produced in Israel, with the exception of a news program, a current affairs program and a sports program, all in accordance with rules to be prescribed by the council; "independent production" — a local production produced by a television broadcasting concessionaire or a body corporate in which such a concessionaire is an interested party, directly or indirectly; "purchased local production" - a local production that is not an independent production.
85 Allotment 59. At least one-third of all television broadcasts shall be of local of broadcasting productions; however, the Authority shall act to increase the portion of time for television broadcasts of local productions, even during the first concession local period. productions
Allotment 60. The council shall instruct television broadcasting concessionaires to of broadcasting allot broadcasting time, out of the broadcast unit of each of them, for time for programs that are of purchased local production, taking into account the purchased size of his broadcast unit and in accordance with such rules as shall be local productions prescribed by the council for such purpose.
Broadcasts 61. The council shall determine the length of time of broadcasts in the in Arabic and Arabic language, and shall prescribe rules regarding such broadcasts, translation including regarding the screening of translations of the contents of broadcasts.
Prevention 62. (a) The director may, at his own initiative or Upon an application by a of similar programs television broadcasting concessionaire, instruct another concessionaire to avoid or cease producing any program ifhe is of the opinion that an identical or similar program has been produced or begun to be produced by a concessionaire. (b) A concessionaire considering himself harmed by the decision of the director may present an objection against it to the council within fifteen days from the day on which the decision was made; the council shall consider and decide on the objection.
Article D: Television News Broadcasts and the News Company
News 63, (a) The council shall grant the news company to be established under broadcasting ^^jg j ^ produce and broadcast news programs and news concession a concess on 0 magazines within the framework of the television broadcasts (hereinafter — news broadcasts). (b) The council shall prescribe the times and lengths of the news broadcasts. (c) News broadcasts shall, in addition to being in Hebrew, be in Arabic and in other languages, as the council may order.
86 (d) The news company shall be treated as any other television broadcasting concessionaire, other than for the purposes of sections 34, 35, 37,51,52, 53, 54 and 60.
64. The news company shall maintain exact, reliable and balanced news Reliability of news broadcasts, and the private positions and opinions of the managers, broadcasts employees and shareholders of the company shall not be reflected in such broadcasts.
65. the news company shall not be entitled to broadcast any matter Prohibition of tantamount to advertising, including incidental, hidden or unconscious advertising advertising.
66. (a) The shareholders of the news company shall be the Authority and Shareholders of news the concessionaires, as follows: company (1) the Authority shall have forty percent of those shares in the news company that afford rights to vote in the general meeting of the company (hereinafter — voting shares). (2) the television broadcasting concessionaires shall be allotted sixty percent of the voting shares, and all of the shares that afford rights to receive profits and to participate in the balance of the assets of the news company upon winding up (hereinafter — property shares). (b) The relative portion of each concessionaire in the voting and property shares shall be determined taking into account the number of concessionaires and in accordance with the extent of the broadcast unit of each of them, all as the council shall prescribe in rules. (c) A concessionaire who replaces a concessionaire whose concession for a given broadcast unit was cancelled or expired shall purchase the property shares of the former concessionaire; the method of calculating the consideration and the manner of payment of it shall be prescribed in regulations.
67. (a) The board of directors of the news company shall be made up of Board of directors of representatives of the Authority appointed by the council and of news representatives of the television broadcasting concessionaires, in accordance company with their relative portions of the voting shares of the news company.
87 (b) The chairman of the board of directors of the news company shall be the director of the Authority.
Appointment 68. (a) The board of directors of the news company shall appoint the and manager of the news company at the recommendation of the representatives functions of manager of the concessionaires in the company; the manager of the news company of news shall be elected by a majority of seventy-five percent of the members of the company board of directors. ! ! (b) The term of office of the manager of the news company shall be five years, and it may be extended for further terms in the manner set out in subsection (a).
(c) The manager of the! news company, in addition to his other functions, shall serve as chief editor of the news broadcasts.
Expiry of 69. (a)1 The manager of the news company shall cease to serve prior to the term of manager of end of his term of office upon the occurrence of one of the following - news company (1) he has resigned by notice in writing that he has submitted to the board of directors through its chairman; (2) the chairman of the board of directors has determined, after consultation with the board of directors, that he has become permanently unable to fulfill his function; (3) the board of directors has resolved, by ,a majority of seventy- • five percent of its members, to remove him from office. (b) Where the manager of the news company ceases to serve prior to the end of his term, the chairman of the board of directors shall act as his substitute until the appointment of another manager of the news company.
Funding 70. (a) The television broadcasting concessionaires shall finance the purchase of the installations and equipment of the news company by way of 1acquisition of property shares, and shall finance their maintenance, repair, renovation, alteration and replacement arid any other expenses of the news company, with the exception of ongoing operation. (b) The Authority shall cover the ongoing operational expenses of the news company, the components of which shall be prescribed by the Minister in regulations.
88 71. The documents of incorporation of the news company shall not derogate Documents of from the provisions of this Law. incorporation
Chapter 5: Radio Broadcasts
Article A: Stations and Concessions
72. (a) The council shall grant concessions for the operation of-regional Regional radio radio broadcasts, the number of which shall be no greater than ten, and broadcasting shall determine the regions for each concession in rules, with the consent of stations the Minister; in prescribing the regions and granting the concessions as and locating aforesaid, the council shall give precedence to regions remote from the center, _4hem of the country, with the aim of achieving maximum national coverage. (b) The provisions of this section shall not derogate from the provisions of the Wireless Telegraphy Ordinance.
73. A radio broadcasting concessionaire shall establish, maintain and Financing of stations operate the broadcasting station and the studio at his own expense.
74. A radio broadcasting concessionaire shall operate the broadcasting Maintaining/ station and maintain the radio broadcasts and any other activities connected the broadcasts thereto at a site to be located within the region prescribed for his broadcasts. in the region
Article B: The Broadcasts
75. A radio broadcasting concessionaire shall give appropriate expression Subjects of broadcast in his broadcasts to subjects that are unique to residents of the region and to unique to their special needs. region
76. A radio broadcasting concessionaire — News broadcasts in the (1) shall transmit news broadcasts which are broadcast to the Israeli region public under any law and capable of being received from the air, as the council may order him; (2) may broadcast news and current affairs programs on subjects relating to the region and its residents, provided that such be of independent production as defined in section 58, mutatis mutandis. 89 Article C: Regional Radio Broadcast Committees
Appointment 77. (a) The council shall appoint a regional radio broadcast committee of regional committee for each region in which there is a radio broadcasting station (hereinafter — and its term the regional committee)• of office (b) A regional, committee shall comprise seven members, who shall be — (1) a representative of the Authority who shall serve as chairman of the committee; (2) two representatives recommended by the local authorities within the boundaries of the region; (3) four representatives of the public who are residents of the region, including representatives of educational and cultural institutions active in the region. (c) The term of office of a member of a regional committee as set out in subsection (b)(2) shall be two years from the day of his appointment, and of any other member — three years from the day of his appointment.
(d) i The provisions of sections 8(c) and 9 to 11 shall apply, mutatis mutandis, to a member of a regional committee.,
Work 78. (a) The council shall prescribe rules regarding the conduct of work, procedures of regional times of convening and rules of procedure of a regional committee. committee and duty of. (b) The provisions of section 14 shall apply, mutatis mutandis, to a disclosure member of a regional committee.
Expenses 79. A radio broadcasting concessionaire in a region shall bear the expenses of a regional committee Required for the fulfillment of its functions, in .as the council shall prescribe for this purpose ׳accordance with such;Oiies
-׳— Functions 80. (a) The functions of a regional committee are of regional committee (1) to advise, a radio broadcasting concessionaire regarding the effecting of broadcasts, including in respect of broadcasts regarding the region and its residents; (2) to report to the council on the activities of the radio broadcasting concessionaire1 in respect of the effecting of broadcasts; (3) any other functions with which the council may charge it. (b) In fulfilling its functions, the regional committee shall act in accordance with the guidelines of the council and subject to its resolutions.
Chapter 6: Advertisement
81. (a) A concessionaire may include within the framework of his Commercials broadcasts commercials in return for payment at such rate that he shall fix. (b) The council may prescribe rules regarding the duty of a concessionaire to fix a price list for commercials, the details to be included in the list and the way to bring it to the notice of the public.
82. (a) A commercial during television broadcasts shall be broadcast at Separation of the beginning or end of a program, and separately from it. commercial (b) Notwithstanding the provisions of subsection (a), a commercial may also be broadcast during breaks in a program, in accordance with rules prescribed by the council.
83. (a) A concessionaire shall not include in broadcasts any thing Prohibition tantamount to advertising, whether overt or hidden, other than a commercial of advertising for the broadcasting of which he has received monetary consideration. during broadcasts (b) A concessionaire shall not receive consideration for a broadcast as set out in subsection (a) other than in accordance with the rules prescribed by the council.
84. In accepting commercials for broadcasting, a concessionaire shall not Prohibition of give preference to a commercial solely due to the fact that it was produced preference by the concessionaire or by a person acting on his behalf. of advertiser
85. (a) The maximum broadcasting time for commercials that a Extent of concessionaire may allocate in any broadcasting hour shall not exceed — commercials (1) six minutes in television broadcasts; (2) nine minutes in radio broadcasts. (b) Notwithstanding the provisions of subsection (a), the council may permit a concessionaire a different allocation of time for commercials, 91 provided that of the total broadcasting time available during any day to a concessionaire, the maximum broadcasting time for commercials does not exceed — (1) ten percent in television broadcasts; (2) fifteen percent in radio broadcasts. (c) For the purposes of this section, the broadcasting time in any day of television broadcasts shall include the broadcasting time of news.
Prohibited 86. A concessionaire shall not broadcast commercials — commercials (1) of subjects the broadcast of which is prohibited under section 46(a); (2) on behalf of a body or organization the purposes of which are, in whole or in part, connected to subjects referred to in paragraph (1) or to work disputes.
Limitation 87. At the request of the Government, the council may, for reasons of of commercials apprehension of real harm to the economy of the State or for reasons of the public good, prohibit or limit commercials for products, services or particular classes thereof for such period and on such conditions as it may prescribe in rules.
Rules for 88. The council shall prescribe rules relating to the broadcast of commercials commercials, inter alia, in respect of the following subjects — (1) the format and method of presentation of commercials; (2) subjects of advertising, the broadcast of which as commercials is prohibited generally, in particular circumstances, or due to their being offensive to good taste or public feelings; (3) the timing of commercials within the framework of broadcasts, maximum duration for each such broadcast, and the period of time between various commercials, with a tendency to broadcast commercials grouped together; (4) the types of programs the broadcasting of which may be stopped in order to air a commercial; (5) limitations regarding the broadcasting of incidental, hidden or unconscious advertising; 92 (6) limitations regarding the participation of Authority officials in commercials; (7) limitations regarding the advertising of products and services, whether according to subjects or generally, their prices and the manner of comparison between them, with the tendency to assure broadcasting of reliable information and fair competition;
(8) limitations regarding advertising aimed at children, including its methods of presentation and its broadcasting times; (9) limitations regarding the participation of children in commercials; (10) limitations regarding a commercial not of local production within its meaning in section 58, mutatis mutandis; (11) limitations regarding exploitation of the human body.
89. The Authority may order a concessionaire to submit for its prior approval Prior copies of the text and film of all or any commercials, and may withhold its appro approval of the broadcast of a commercial or may make its approval of such broadcast conditional, all in accordance with rules prescribed by it under this Law.
Chapter 7: Offenses
90. (a) A person who contravenes the provisions of section 32(a) shall be Effecting liable to imprisonment for three years or a fine of one million five hundred broadcasts and setting thousand new shekalim. up broadcasting (b) Where the court is of the opinion that there are reasonable grounds stations for suspecting that a person has contravened the provisions set out in section without a concession 32(a) without having received a concession for such from the Authority, it shall order the seizure of the instruments and equipment with which or through which the offense was committed; the provisions of sections 33 to 42 of the Criminal Procedure (Arrests and Searches) Ordinance [New Version], 5729-1969,10 shall apply to such seizure, mutatis mutandis.
10 12 NH 284; 2 NV 30. 93 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 00>0• ו100ו40מ3^22 ~~ * משרד המשפטים (התימה מוסדית). (c) The provisions of subsection (b) shall be in addition to seizure powers under any other law and shall not derogate from them.
Harm to, 91. A person who does one of the following intentionally and unlawfully, broadcasting shall be liable to imprisonment for five years: station and to broadcasts (1) destroys a broadcasting station belonging to the Authority or to a concessionaire, causes material damage to it or removes it from its place; : (2) prevents, obstructs or delays the effecting of broadcasts in any manner.
Obstruction 92. A person who obstructs the Authority, a concessionaire or their agents, of Authority by himself or through others, in the lawful setting up, operating, maintaining, or conces• examining or repairing of a broadcasting station, shall be liable to the fine sionaire set out in section 61(a)(2) of the Penal Law, and in the case of continuing obstruction — an additional fine in the rate prescribed in section 61(c) of the Penal Law for each day in which the obstruction continues.
Breach of 93. (a) Where the council or one of its committees, as the case may be, duty of confidentiality determines that a particular meeting be closed, no person set out in the list in subsection (b) (hereinafter — a confidant) shall disclose any detail of its deliberations or of those of one of its committees, unless he has received the prior consent therefor from the chairman of the council or the chairman of the committee, as the case may be. (b) The following are the confidants: (1) a member of the council; (2) a member of an advisory committee under section 18(a)(2); (3) the director; (4) an employee of the Authority; (5) the manager of the news company; (6) any other person who takes part in a meeting determined to be closed. (c) The confidants shall not disclose any detail regarding invitations of tenders, or any material submitted in respect of such invitations or their contents, so long as the Authority has not yet determined the winning tender. (d) A person who contravenes the provision^ of subsections (a) or (c) shall be liable to imprisonment for one year.
(e) The provisions of this section shall' not prevent disclosure upon the demand of a court or of any person authorized to investigate the commission of offenses.
94. A member of the council who contravenes the provisions of section 14 Breach of duty of shall be liable to imprisonment for one year. disclosure i -
95. (a) A concessionaire who, himself or through another person acting Offenses of on his behalf, maintains broadcasts on subjects the broadcast of which is concessio• naire prohibited under section 46(a) shall be liable to twice the fine prescribed in section 61(a)(4) of the Penal Law. (b) A concessionaire or representative of •a concessionaire who acts contrary to the provisions of section 108(c) shall be liable to imprisonment for one year.
96. (a) A concessionaire who, himself or through another, breaches Conditions in conditions in the concession the breach of which has been prescribed by the concession Minister in regulations to be an offense, shall be liable to a fine in the rate the breach prescribed in such regulations, provided that such fine shall not exceed twice of which is an offense the fine prescribed in section 61(a)(4) of the Penal Law. (b) A fine imposed under subsection (a) shall be paid to the Authority, and the Authority may set it off against any sum that it owes the concessionaire or collect it from the concessionaire by way of civil suit.
97. Where an act is done in such way and under Such circumstances as to Cessation order constitute prima facie an offense under sections 90, 91 or 92, whether an indictment has been filed in court in respect of the.offense or has not yet been filed, the court may order the accused or the person who, in the court's opinion, is responsible for commission of the offense, and his agents or contractors, to stop the act that constitutes an offense,' and such order shall remain in force until canceled or varied by the court.
98. Where an offense under this chapter has been committed by a body Offense committed corporate, every office bearer therein shall be likewise guilty of the offense by body unless he proves that the offense was committed without his knowledge corporate and that he took all reasonable steps to prevent it; in this section, "office bearer" — as defined in the Companies Ordinance.
Chapter 8: Finance
Article A: Concession Fees, Royalties and Loans
Concession 99 A. concessionaire shall pay the Authority an annual concession fee at fee the rate to be prescribed by the Minister in regulations, and different rates may be prescribed in the regulations according to the extent and classes of concessions.
Royalties 100. (a) A concessionaire shall pay the Authority royalties on his income from broadcasts and the provision of services as set out in this Law. (b) The Minister, with the consent of the Minister of Finance, shall prescribe in regulations from time to time the rate of royalties from income as set out in subsection (a). (c) Any rate of royalties that has been changed shall come into force six months from the date of being published in Reshumot.
Use of fee 101. The concession fee paid to the Authority shall be used by it to cover the and royalties expenses incurred in fulfilling its roles, including the ongoing operation of the news company as set out in section 70(b); where the Authority's expenses exceed its income from the fees, it may use royalty funds to make up the difference; the balance of royalties shall be transferred by the Authority to the State treasury.
Times 102. The Minister, with the consent of the Minister of Finance, shall prescribe in regulations the times for payment of the concession fee and royalties under sections 99 and 100, and for the transfer of the balance of royalties as set out in section 101.
Loans 103. The Authority may, subject to the provisions of any Law, receive loans for interim financing of the commencement of its operations and loans that are not for the purpose of such interim financing — with the consent of the Minister^of Finance.
96 Article B: Compensatory Grant
104. (a) In this Article: Entitlement to grant "daily newspaper" — a body corporate that publishes a daily newspaper in Israel and is a member of the Israeli Daily Newspapers Union; "cinema" — a public entertainment business as defined in the Licensing of Businesses Law, 5728-1968," which holds a lawful license whose business is cinema shows. (b) The Authority shall pay an annual grant (hereinafter — the grant) to a daily newspaper and cinema whose income from advertising has been reduced due to advertising broadcasts on television under this Law (hereinafter — those entitled). (c) A judge or other person appointed by the President of the Supreme Court shall determine which daily newspaper and cinema is entitled each year, the period in which the grant is to be paid and the distribution of the grant between those entitled, provided that the period of the grant shall be no more than the period following the end of the validity of this article. (d) A daily newspaper or owner of a cinema that is a television broadcasting concessionaire or broadcasting concessionaire under Chapter Two "A" of the Telecommunications Law or a person with an interest in such a body corporate, directly or indirectly, shall not be entitled to a grant.
105. (a) The grant shall be paid from the balance of royalties remaining Payment of available to the Authority after expenses are covered. grant (b) The council shall prescribe the sum of the grant once a year.
106. This article shall be in effect until the end of three years from the day Effect of commencement of broadcasts by a concessionaire.
11 [5728] SH 204; 22 LSI 232. 97 Chapter 9: Miscellaneous
Article A: Rights, Immunities and Special Powers
Authority's !07.(a) Notwithstanding the contents of any law, the Authority shall not immunities . , . . ,. bear responsibility for the breach of any intellectual property right, including copyright, by a concessionaire or his agents. (b) Notwithstanding the contents of the Defamation (Prohibition) Law, 5725-1965,12 the Authority shall not bear responsibility• for the breach of the provisions of the said Law by a concessionaire or by his agent, unless the Authority approved in advance the program in which the provisions of the said Law were breached.
Powers of 108.(a) For the purpose of supervising the performance of the provisions entry and inspection of this Law, the regulations and rules thereunder and the terms of the concession, a representative authorized by the Authority for such purpose (in this section — the representative) may enter any installation, office, studio or broadcasting station being used by the concessionaire for the purpose of operating or managing• broadcasts, as the case may be. (b) The representative may inspect and examine any document, list, book of accounts, register, computerized database or recording and may reproduce them in such manner as he may see fit, provided that such reproduction shall be permitted for the purposes of supervision and control only.
(c) The concessionaire or his representative for these purposes is obliged to allow the representative to perform the provisions of this section, to provide and present to the representative any document, list, book of accounts, register, computerized database or recording which he has been required to provide or present, and also to provide him with information in his possession or control which is required by the representative for supervision as set out in subsection (a). /
Suspension 109.(a) The Government may, due to conditions of emergency requiring of powers and the expropriation of radio frequencies for military purposes, decide to concessions suspend or limit powers of the Authority and concessions, for a period which in times of emergency
12 [5725] SH240; 19 LSI 254. 98 shall not exceed thirty days; the Government may, with the approval of the Foreign and Defense Committee of the Knesset, extend the validity of such decision for such term as it may prescribe. (b) The Authority or a concessionaire shall not be entitled to compensation from the Government for direct or indirect damage caused to them as a result of a declaration as mentioned in subsection (a), however a concessionaire shall be entitled to a refund of fixed expenses he spent for the purpose of the ongoing operation of the station during the period in which the decision was in force; in this section, "fixed expenses" — outgoings and expenses recognized by the assessing officer as an expense incurred in the production of income.
110. The Minister shall, pursuant to his powers under the Wireless Telegraphy Allocation of radio Ordinance and in accordance with the provisions of section 44A of the frequencies Broadcasting Authority Law, allocate radio frequencies for the effecting of broadcasts under this Law.
Article B: Broadcast Coordination Committee
111. (a) A committee shall be established for the coordination of the activities Establish• ment and of the Authority, the Broadcasting Authority, Educational Television and composition the Cable Broadcast Council appointed under section 6B of the of Telecommunications Law (in this article — the coordination committee). coordination committee (b) The coordination committee shall comprise five members: (1) the chairman appointed by the Government, at the recommendation of the Minister of Education and Culture; (2) two representatives appointed by the Minister, as follows: (a) a representative of the Authority, at the recommendation of the council; (b) a representative of the Cable Broadcast Council; (3) a representative of the Broadcasting Authority appointed by the Minister in charge of the Broadcasting Authority; (4) a representative of Educational Television appointed by the Minister of Education and Culture*. 99 (c) Each representative shall have a substitute appointed by the Minister who appointed the representative.
Roles of 112. The roles of the coordination committee shall be - coordination committee (1) limitation of the acquisition of programs from suppliers outside of Israel, as set out in section 62, mutatis mutandis; (2) prevention of broadcast of similar or identical programs produced or commenced to be produced by the Authority, the Broadcasting Authority, Educational Television or concessionaires under this Law or under the Telecommunications Law; (3) any other act of coordination that the Government might charge it with.
Appeal on 113.A member of the coordination committee may appeal to the decision of coordination Government, through the Minister who appointed him, against a decision committee of the committee, within seventy two hours from the time of its adoption; the implementation of the decision shall be delayed until after the Government has ruled on the appeal.
Article C: Complaints Commissioner
Appointment 114. (a) The Minister shall appoint a complaints commissioner whose of complaints function shall be to examine complaints coming to him from the public commissioner regarding broadcasts (hereinafter — the complaints commissioner); the and term of appointment of the complaints commissioner shall be for five years. office (b) The Authority shall pay the complaints commissioner his salary and other payments due to him in respect of the term of his office, at the rate to be prescribed by the Minister. (c) Notice of the appointment of the complaints commissioner and of the address of his office shall be published in Reshumot.
Expiration 115.The appointment of the complaints commissioner shall expire prior to of office the termination of his office upon the occurrence of one of the following: (1) his resignation;
100 (2) if the Minister decides, after consulting with the council, to remove him from office.
116. A complaint shall be submitted in writing directly to the complaints Submission commissioner, shall be signed by the complainant, and shall set out the of complaint name and address of the complainant, a detailed description of the matter which the complaint refers to, including the time at which the event occurred and any other relevant detail which may assist in the efficient investigation of the complaint.
117. (a) A complaint may be submitted against the Authority, against a Complaint concessionaire, against the news company and against any employee, office against whom and bearer or functionary of the Authority, of a concessionaire or of the news about what company. (b) The subject of the complaint may be — (1) where the complaint is against a concessionaire or the news company — the contents of broadcasts the broadcasting of which are in contravention of this Law or of regulations or rules prescribed thereunder, or which are otherwise at fault in law; (2) where the complaint is against the Authority — an act or omission regarding the supervision of the broadcasts of a concessionaire, and in respect of broadcasts of the Authority — as set out in paragraph (1).
118. (a) The following complaints shall not be investigated: Complaints that are not (1) a complaint by a concessionaire against the Authority or against to be investigated the news company; (2) a complaint by a concessionaire against another concessionaire; (3) a complaint by a person employed by the news company, the Authority or a concessionaire relating to his employment; (4) a complaint in a matter pending before a court or tribunal, or which a court or tribunal have decided upon its merits; (5) a complaint regarding a judicial act of a court or judge, or a tribunal or member of a tribunal, and of a committee set up under a Law or a member thereof;
101 (6) a complaint in a matter in respect of which a decision was made against which it is or was possible to file a contestation, objection or appeal and which is not of the class of matters dealt with in paragraphs (1) to (5); (7) a complaint submitted after three months have passed since the day on which the event to which it refers occurred; (8) a complaint that the complaints commissioner considers to be vexatious or troublesome; (9) a complaint against a concessionaire regarding a matter in respect of which a complaint has already been submitted to the Authority; (10) a complaint regarding a matter in which a complaint has already been submitted to the State Comptroller in his capacity as Commissioner for Complaints from the Public under Chapter Seven of the State Comptroller Law. (b) Where a complaint which, under subsection (a), is not to be investigated, has been submitted, the complaints commissioner shall notify the complainant in writing that he shall not deal with the complaint and shall give the reasons therefor.
Modes of 119. (a) The complaints commissioner may investigate a complaint in any Investigation manner that he sees fit and he shall not be bound by any provision regarding procedure or rules of evidence. (b) The complaints commissioner shall inform the person complained against of the complaint, and if such person is an employee, office bearer or functionary as set out in section 117(a), shall also inform such person's superior (hereinafter—the superior), and shall give such persons appropriate opportunity to answer it; the complaints commissioner may demand that they answer the complaint within such period of time as he may set out in his demand. (c) The complaints commissioner may also hear the complainant, the person complained against and any other person, if he considers it useful to do so.
(d) For the purpose of examination of the complaint, the complaints commissioner may require any person to appear before him and give him, 102 within such period as he shall fix in the requisition and in such manner as he shall determine, any information or document likely, in the opinion of the complaints commissioner, to assist in the investigation of the complaint; a person or body required to appear or provide information or a document as aforesaid shall comply with the requisition and the provisions of section 11 of the Commissions of Inquiry Law, 5729-1968,13 shall apply, mutatis mutandis, to any refusal to comply with the requisition.
(e) The contents of subsection (d) shall not derogate from the provisions of Chapter Three of the Evidence Ordinance [New Version] hereinafter — the Evidence Ordinance).14
120. The complaints commissioner shall discontinue the investigation of Discon• tinuance of the complaint if he considers that from the outset there was no cause to examination investigate it under the provisions of this article, and he may discontinue it if he considers that the matter complained of has been rectified or that the complainant has withdrawn his complaint; the complaints commissioner shall notify the complainant and the person complained against, in writing, that he has discontinued the investigation, and shall note the reasons therefor.
121. (a) Where the complaints commissioner finds that a complaint was Conse• justified, in whole or in part, he shall give reasoned notice of such in writing quences of investigation to the complainant and to the person complained against; where investigation of the complaint revealed the existence of a fault, the complaints commissioner may indicate, to the person complained against, the need to remedy the fault and the manner and time for doing so. (b) A notice from the complaints commissioner as set out in subsection (a) shall also be provided to the following: (1) when the complaint is against a concessionaire or the company - to the Authority; (2) when the complaint is against the Authority - to the Minister; (3) when the complaint is against an employee, office bearer, or functionary as set out in section 117(a) - to the superior.
13 [5729] SH 20; 23 LSI 32. 14 18NH421;2NV 198. 103 (c) The Authority, in respect of Authority broadcasts, the news company and a concessionaire that were the object of a complaint, shall broadcast, at the demand of the complaints commissioner, a notice regarding the results of an investigation of a complaint found to be justified, at such time and in such wording as prescribed by the complaints commissioner in his demand. (d) A person complained against or the superior shall notify the complaints commissioner, within the time set out in subsection (a), of the means they have taken to remedy the fault; where such notice does not satisfy the complaints commissioner, or where it is not given as required, he may bring the matter to the attention of the Minister. (e) Where the complaints commissioner finds that the complaint was not justified, he shall give notice of such to the complainant, to the person complained against and to the superior who received notice under section 119(b) and he may set out a summary of his findings in such notice. (f) Where the investigation of a complaint gives rise to a suspicion that a criminal offense has been committed, the complaints commissioner shall give notice of such to the Attorney General.
Rights and 122. (a) The decisions of the complaints commissioner regarding a remedies complaint — (1) shall not grant the complainant, or any other person, any right or remedy in a court or tribunal that he did not have previously; (2) shall not prevent the complainant or any other person from exercising a right or seeking a remedy to which he is entitled; however, if a time-limit for exercise of such right or for seeking such remedy is prescribed in an enactment, the time-limit shall not be extended by reason of the submission or investigation of the complaint.
(b) A court or tribunal shall not entertain an application for relief against the decisions and findings of the complaints commissioner.
Complaints 123. The complaints commissioner and any other person with whose œmmissioner a public assistance the complaints commissioner performs his duties shall be servant considered a public servant for the purposes of the Penal Law.
104 124. (a) The complaints commissioner shall submit to the Minister, at least Report once a year, a report of his activities which shall contain a general survey and a description of the treatment of selected complaints; once the report has been submitted, the complaints commissioner may publish it. (b) A report or other document published or prepared by the complaints commissioner in the fulfillment of his duties and a notice provided to him in the course of fulfilling his duties shall not serve as evidence in any legal or disciplinary proceeding.
125.In matters concerning the fulfillment of his duty under this article, the Indepen• dence of complaints commissioner shall not be subject to any authority other than complaints that of the law. commissioner
Article D: International Duties and Contracts
126.The Authority, a concessionaire or a person designated by the Minister Duties for such purpose shall fulfill the duties imposed upon the State of Israel by under international virtue of international treaties regarding broadcasts under thisiaw. law
127.The Authority shall not enter into any agreement with any government International and shall not join international organizations, except with the approval of contracts the Government.
Article E: Application of Laws
128. For the purposes of relief by way of injunction, the Authority shall be Injunctions treated the same as the State in all matters that are directly or indirectly connected with broadcasts of the Authority or of the company or with the preparation thereof.
129.(a) Members of the council and employees of the Authority, and Treatment of members of the board of directors and employees of the company, shall be members treated as, civil servants for the purposes of the following statutes: of the council and employees
105 (1) the Knesset Elections Law [Consolidated Version], 5729-1969;15 (2) the State Service (Restriction on Party-Political Activity and Fund-Raising) Law, 5719-1959;16
(3) the Public Service (Gifts) Law, 5740-1979;17 (4) the Penal Law - the provisions dealing with public servants; (5) the Evidence Ordinance;
(6) the Civil Wrongs Ordinance [New Version];18 (7) the Public Service (Restrictions after Retirement) Law, 5729- 1969.19 (b) Employees of the Authority and employees of the company shall be treated as civil servants, mutatis mutandis, for the purposes of the State Service (Discipline) Law, 5723-1963.20
Article F: Amendments of Laws
Amendment 130. In the Elections (Modes of Propaganda) Law, 57 1 9-195921 (hereinafter of Elections — the Elections (Modes of Propaganda) Law), the following shall be inserted (Modes of after section 16B: Propaganda) Law 16C.The provisions of sections 15, 15A, 15B, 16, 16A and "Application 16B shall apply, with the necessary variations, also to to Second Television broadcasts under the Second Television and Radio Authority and Radio Law, 5750-1990; for the purposes of such variations, the Authority director of the second television and radio authority (hereinafter — the second authority) shall be treated as if he were the director general of the Broadcasting Authority, and the second authority and the concessionaires shall be treated as if they were the Broadcasting Authority."
15 [5729] SH 103; 23 LSI 110. 16 [5719] SH 190; [5721] 60; 13 LSI 203; 15 LSI 55. 17 [5740] SH 2; 34 LSI 3. 18 10 NH 266; [5741] SH 134; 2 NV 5, 35 LSI 144. 19 [5729] SH 114; 23 LSI 156. 20 [5723] SH 50; 17 LSI 58. 21 [5719] SH 138; 13 LSI 146. 131.In the Settlement of Labour Disputes Law, 57 1 7-195722 at the end of Amendment of the definition of "public service" in section 37A, the following shall replace Settlement paragraph (12): of Labour Disputes "(12) and the provision of broadcasting services under the Second Law Television and Radio Authority Law, 5750-1990."
132. In the Broadcasting Authority Law, the following shall replace section Amendment 44A: of Broadcasting Authority "Use of 44A. (a) The channels and radio frequencies available to the Law radio State of Israel under international arrangements, for television frequencies and radio broadcasts, shall be used — (1) for the broadcasts of the Authority; (2) for the broadcasts of Education Television to schools;
(3) for the broadcasts of Galei Zahal — the radio broadcasts of the Israel Defense Forces; (4) for broadcasts under the Second Television and Radio Authority Law, 5750-1990. (b) Arrangements for the distribution and use of the channels and radio frequencies set out in subsection (a) shall be prescribed by the Minister together with the Minister of Education and Culture and the Minister of Communications; where there are disputes between the Ministers regarding such prescription, the Government shall decide."
133. In the Administrative Offenses Law, 5746-1985,23 in the Schedule, Amendment of the after the words "Pharmacists Ordinance [New Version], 5741-1981", the Admini• words "Second Television and Radio Authority Law, 5750-1990" shall be strative inserted. Offenses Law
22 [5717] SH 58; 11 LSI 51. 23 [5746] SH 31; 40 LSI 31. 107 Chapter 10: Broadcasts During the Interim Period
Definitions ! 34 In this chapter —
"interim period" — the period from the day of commencement of this Law until 16 Nissan 5751 (31 March 1991); the Minister, with the approval of the Education and Culture Committee of the Knesset, may extend the said period for additional periods, provided that the interim period shall end on 26 Adar II 5752 (31 March 1992); "director of broadcasts" - the director of the establishing directorate of the Second Television and Radio Authority at the Ministry of Communications.
Maintaining 135.(a) Notwithstanding the provisions of section 6, the director of of broadcasts may maintain television broadcasts during the interim period in broadcasts during the accordance with the aims set out in section 5(b). interim period (b) During the interim period, news broadcasts, other than sports broadcasts, shall not be aired, and party-political propaganda broadcasts under the Elections (Modes of Propaganda) Law shall not be aired, and broadcasts of an Israeli political nature, including interviews with Israeli political figures, shall not be aired, but broadcasts may be aired of deliberations in the plenum of the Knesset.
(c) Commercials shall not be aired during the interim period, but service broadcasts and sponsorship broadcasts may be aired; the consideration received from such broadcasts shall be used to finance broadcasts during this period; should the Minister find that the income from such broadcasts during the interim period exceeds expenses, he may order, notwithstanding the provisions of section 51, that such surplus income be used to finance the establishment of main broadcasting stations.
(d) The Minister shall prescribe rules regarding broadcasts during the interim period, including such as are related to the ordering of productions and to service broadcasts and sponsorship broadcasts; such rules shall require the approval of the Education and Culture Committee of the Knesset. (e) For the purposes of effecting the broadcasts during the interim period, the provisions of the following sections shall apply, mutatis mutandis: 1, 46, 47, 51(a) and (c), 90, 91, 92, 107, 109, 110, 111, 112, 113, 114(a), 115, 116, 117, 118, 131, 132, 133.
108 136. (a) The director of broadcasts, with the approval of the Minister, may Hiring of hire employees during the interim period for the purpose of implementing employees and the provisions of this chapter, provided that such employees be hired by acquisition way of special contract, in accordance with the provisions of the State Service of property (Appointments) Law, 5719-1959.24 (b) The director of broadcasts may, subject to the State Property Law, 5711-195125 (in this chapter — the State Property Law), acquire property and effect transactions for the purpose of implementing the provisions of this chapter.
137.(a) (1) In this chapter, "property" - land, chattels, rights and any kind Transfer of of benefits; rights, power's, duties and , (2) Notwithstanding the contents of any law or agreement and obligations subject to the provisions of the State Property Law, it is hereby permitted to grant the Authority, by an agreement, the rights of the State in property which shall be available to the Ministry of. Communications during the interim period, for the purposes of television broadcasts, and the rights and powers of the State under the agreements, contracts and transactions which were in force regarding television broadcasts during the interim period immediately before the commencement of the agreement; such agreement will be referred to hereinafter in this chapter as an "agreement for the transfer of property".
(b) The Minister of Finance may, by order, exempt the Authority from paying all or any fees, stamp duty, taxes and other compulsory payments relating to the performance of the agreement for the transfer of property. (c) After an agreement for the transfer of property is signed, the Minister may, notwithstanding the contents of any law or agreement, prescribe by order that in respect of the property, agreements, contracts and transactions mentioned in it, the Authority shall stand in place of the State both in respect of the rights and powers of the State and in respect of the duties and obligations binding immediately prior to the commencement of 'the agreement for the transfer of property.
24 [57191SH 86; [5743] SH 34; 13 LSI 87, 37 LSI 36. .SH 52; 5 LSI 45 [׳ 25 [5711 109 (d) The Minister may prescribe by order—regarding particular classes of pending claims by or against the State immediately prior to the commencement of the agreement for the transfer of property, in respect of such property, agreements, contracts and transactions as set out in subsection (a)(2), and regarding causes for such actions which existed at that time, with the exception of claims of civil servants for the period in which they were civil servants — that the Authority shall stand in place of the State.
Transfer of 138. (a) Notwithstanding the contents of section 30(a), employees who, on employees the day of commencement of this Law, were employed for the purpose of maintaining broadcasts during the interim period, and at the most five additional employees whose employment for the purpose of maintaining broadcasts commenced after the day of commencement of the interim period, shall be entitled to be transferred from the civil service to the employ of the Authority, to a parallel position as the case may be, and where there is no such position, to a position that suits his skills and experience in maintaining the broadcasts during the interim period.
(b) The time of transfer of every employee employed during the interim period shall be coordinated between the director of the Authority and the director of broadcasts. (c) The following provisions shall apply to an employee who is transferred to the Authority under subsection (a): (1) the terms of his employment shall not be inferior to those under which he was employed during the interim period; (2) notwithstanding the contents of any law, he shall not be entitled to any benefits on account of such transfer; (3) an employee transferred as aforesaid in subsection (a) shall continue to be a civil servant for the purposes of pension, sickness, holidays, compensation, and any other right that he may have accumulated due to his being a civil servant, as the case may be, until the signing of an agreement for transfer of the employee's rights between the Authority and the State and the employees through the organization that represents the largest number of employees so transferring;
(4) until the signing of an agreement under paragraph (3), the Authority shall transmit to the State all expenses incurred by the 110 State for thé preservation of the rights of an employee as set out in paragraph (3).
Chapter 11: Implementation and Commencement
139. The Minister is charged with the implementation of this Law and he Implemen- may make regulations in any matter concerning its implementation. regulations
140. This Law shall have effect from the day of its being passed by the Commence- Knesset. ment
141 .This Law shall fall within the area of interest of the Special Committee Transitional provisions for Preparation of the.Second Television and Radio Authority Law set up - special by the Knesset on 30 Adar I 5749 (7 March 1989), and such committee committee shall have the powers of the Education and Culture Committee of the Knesset under this Law, all until the end of the interim period or until the end of the term of office of the Twelfth Knesset, whichever is the earlier.
142. This Law shall be published within fifteen days from the day of its Publication being passed by the Knesset.
YITZHAK SHAMIR GAD YA' AKOBI Prime Minister Minister of Communications CHAIM HERZOG President of the State
111 (No. 27)
TERRITORIAL WATERS (AMENDMENT) LAW, 5750-1990*
Replacement 1. Section 1 of the Territorial Waters Law, 5717-1956' (hereinafter — the of Section 1 principal Law), shall be replaced by the following: "Definition 1. (a) In section 3 of the Interpretation Law, 5741-1981,2 of in the definition of "territorial waters", the words "six miles" territorial waters shall be replaced by the words "twelve nautical miles". (b) Notwithstanding the contents of section 1 of the Interpretation Law, 5741-1981, the definition of territorial waters as set out in sub-section (a) shall also apply to enactments and administrative directions made prior to the commencement of the said Law."
Amendment 2. In section 2 of the principal Law, the words "from six nautical miles" shall be replaced by the words "from twelve nautical miles" and the words "six nautical miles" shall be replaced by the words "twelve nautical miles".
YITZHAK SHAMIR Prime Minister CHAIM HERZOG President of the State
* Passed by the Knesset on 10 Shevat 5750 (5 February 1990) and published in SH 1305 of 19 Shevat 5750 (14 February 1990), p. 90; the Bill and Explanatory Notes were published in HH 1952,5749, p. 168. 1 [5717] SH 2; 11 LSI 3. 2 [5741] SH 302; 35 LSI 370. (No. 28)
PENAL LAW (AMENDMENT NO. 27), 5750-1990*
1. In section 184 of the Penal Law, 5737-19771 (hereinafter — the principal Amendment of section Law), the following shall be inserted at its end: 184 ""intoxicating liquor" - as defined in section 2 of the Licensing of Businesses Law, 5728-1968."2
2. Section 193(c) and (d) of the principal Law shall be replaced by the Amendment of section following. 193
"(c) An owner of a business or a person employed at a business where intoxicating liquors are sold, who supplies an intoxicating liquor to a drunk person or encourages such person to drink an intoxicating liquor, shall be liable to imprisonment for six months."
3. After section 193 of the principal Law, the following shall be inserted: Addition of section "Prohibition 193A. (a) A person who encourages or solicits a person who 193A of sale of intoxicating has not yet reached eighteen years of age to drink an liquor to intoxicating liquor shall be liable-to imprisonment for three minor months. (b) An owner of a business or a person employed at a business where intoxicating liquors are sold for drinking on the premises shall not sell or serve an intoxicating liquor to a person who has not yet reached eighteen years of age and shall not encourage such a person to drink an intoxicating liquor; a person who infringes this provision shall be liable to imprisonment for six months*
* Passed by the Knesset on 10 Shevat 5750 (5 February 1990) and published in SH 1305 of 19 Shevat 5750 (14 February 1990), p. 90; the Bill and Explanatory Notes were published in HH 1944,5749, p. 134. 1 [5737] SH 226; LSI Special Volume - Penal Law, 1977. 2 [5728] SH 204; 22 LSI 232. 113 (c) An owner of a business or a person employed at a business as set out in sub-section (b) may demand that a person seeking to be provided with an intoxicating liquor show him a certificate by which such person's age may be ascertained; where such person does not present such a certificate, the liquor shall not be provided to him. (d) An owner of a business as set out in sub-section (b) shall display in a prominent place at the business, in a manner to be prescribed by the Minister of Police in regulations, a notice setting out the provisions of this section and the provisions of section 193(c). (e) A person who does not fulfill the provisions of sub• section (d) shall be deemed not to have fulfilled a condition of the license granted to him under the Licensing of Businesses Law, 5728-1968, and the provisions of the said Law shall apply to him."
Amendment 4. In the Licensing of Businesses Law, 5728-1968, in section 2, the of Licensing following shall be inserted after sub-section (b): of Businesses "(c) In a business as set out in sub-section (a), a notice setting out the Law provisions of sections 193(c) and 193A of the Penal Law, 5737-1977, shall be displayed in a prominent place. (d) The duty to display a notice as set out in sub-section (c) is a condition of the license of such business."
Application 5. The provisions of section 4 shall also apply to a business as set out in section 2 of the Licensing of Businesses Law, 5728-1968, which had a license immediately prior to the commencement of this Law.
YITZHAK SHAMIR DAN MERIDOR Prime Minister Minister of Justice CHAIM HERZOG President of the State
114 (No. 29) FOREIGN JUDGMENTS ENFORCEMENT (AMENDMENT NO. 3) LAW, 5750-1990*
1. In the Foreign Judgments Enforcement Law, 5718-1958' (hereinafter Amendment — the principal Law), the contents of section 6 shall be marked (a) and the following shall be inserted thereafter: "(b) For the purposes of sub-section (a)(3), a person shall not be deemed to have consented to the jurisdiction of a court that has given a judgment against him (hereinafter - the judgment debtor) because he appeared before such court, whether conditionally or not, and argued regarding one or more of the following: (1) denial of or protest against the jurisdiction of the court; (2) cancellation or stay of the proceedings for the purpose of referring the dispute to arbitration or to the adjudication of a court in another state; (3) release or defense of assets seized or likely to be seized. (c) It shall be of no consequence if, in addition to the arguments referred to in sub-section (b), the judgment debtor presented arguments on the merits of the dispute or took part in proceedings in any other manner, provided that he did so before the final ruling of that court regarding jurisdiction was given."
2. In section 11 of the principal Law, after sub-section (b) the following Amendment of section shall be inserted: 11 "(c) In proceedings regarding the recognition of a foreign judgment under this section, the provisions of section 6(b) and (c) shall apply."
YITZHAK SHAMIR DAN MERIDOR Prime Minister Minister of Justice CHAIM HERZOG President of the State
Passed by the Knesset on 10 Shevat 5750 (5 February 1990) and published in SH 1305 of 19 Shevat 5750 (14 February 1990), p. 91; the Bill and Explanatory Notes were published in HH 1942, 5749, p. 119. [5718] SH 68; [5735] SH 27; [5738] SH 44; 12 LSI 82; 29 LSI 34;32 LSI 55. 115 (No. 30)
RATES AND TAXES (EXEMPTION) ORDINANCE (AMENDMENT NO. 5) LAW, 5750-1990*
Amendment !. jn section 5 of the Rates and Taxes (Exemption) Ordinance, 1938,' at the end of paragraph (h) the words "not for purposes of profit" shall be inserted.
Commence- 2. This Law shall take effect on 25 Adar Bet 5749 (1 April 1989). ment r
YITZHAK SHAMIR SHIMON PERES ARIEH DERI Prime Minister Minister of Finance Minister of the Interior CHAIM HERZOG President of the State
* Passed by the Knesset on 10 Shevat 5750 (5 February 1990) and published in SH 1305 of 19 Shevat 5750 (14 February 1990), p. 92; the Bill and Explanatory Notes were published in HH 1966, 5750, p. 50. 1 [1938] Supp. 1,27; [5709] SH 155; [5714] SH 142; [5721] SH 112; [5728] SH54; 3 LSI 70; 8 LSI 117; 15 LSI 119; 22 LSI 53. 116 (No. 31) MUNICIPALITIES ORDINANCE (AMENDMENT NO. 39) LAW, 5750-1990*
1. In section 149C of the Municipalities Ordinance1 (hereinafter — the Amendment Ordinance), the following shall replace subsection (a): of section 149C "(a) The council shall elect an audit committee from amongst its members, the function of which shall be to discuss every report of the State Comptroller and of the Public Complaints Commissioner regarding the auditing of the municipality, every report of the Ministry of the Interior on the municipality and every report of the auditor of the municipality, and to follow up the correction of faults raised in the audit, and the committee may discuss any other audit report on the municipality submitted according to law; the committee shall submit its conclusions and proposals to the council."
2. In section 167 of the Ordinance, the following shall replace subsection Amendment of section (b): 167 "(b) The council, by resolution by a majority of its members, shall appoint a full time auditor for the municipality; where the number of residents is fewer than 30,000, the Minister of the Interior may approve that the auditor of the municipality shall hold office part time, but no less than half time, on condition that his office be supplemented only by auditing work at another local authority, again with the approval of the Minister of the Interior."
3. In section 170 of the Ordinance, the following shall be inserted after Amendment of section subsection (d): 170 "(e) The mayor, with the consent of the auditor of the municipality, shall appoint employees for the office of the auditor of the municipality, in accordance with the approved budget and pursuant to the provisions of subsections (a) to (d).
* Passed by the Knesset on 11 Shevat 5750 (6 February 1990) and published in SH 1306 of 20 Shevat 5750 (15 February 1990), p. 94; the Bill and Explanatory Notes were published in HH 1954,5750, p. 3. 1 8 NH 197; [5749] SH 18; 1 NV 247,43 LSI 19. 117 (f) Employees of the office of the auditor of the municipality shall be treated like the rest of the employees of the municipality, however they shall take professional instructions from the auditor of the municipality only. (g) An employee's service in the office of the auditor of the municipality shall not be terminated without the consent of the auditor of the municipality, except subject to the provisions of section 171 A(l)."
Amendment 4. In section 170A of the Ordinance — of section 170 A (1) at the end of subsection (b) the words "a person subject to audit under the provisions of this subsection shall be termed hereinafter an "inspected municipal body"" shall be inserted; (2) at the end of the section the following shall be inserted: "(e) The auditor of the municipality shall prepare and submit to the mayor each year an annual budgetary proposal for his office, including a proposed establishment, as part of the preparation of the budget under the Ordinance. (f) The finance committee and the council shall discuss the proposed budget and establishment for the office of the auditor of the municipality, as submitted by the auditor of the municipality, as part of their deliberations on the annual budget proposal."
Replacement 5. The following shall replace section 170B of the Ordinance: of section 170B "Provision 170B. (a) The mayor and his deputies, members of of documents the council, employees of the municipality, the head of the and religious council and his deputies, employees of the religious information council, and members and employees of every inspected municipal body shall provide the auditor of the municipality, upon his demand, with every document in their possession which, in the opinion of the auditor of the municipality, is required for the purposes of audit, and shall provide the auditor of the municipality with any information or explanation he requests.
(b) The auditor of the municipality or an employee authorized by him for such purpose shall have access, for the 118 purposes of performing his function, to every ordinary or computerized database, and to every automatic data processing software belonging to the municipality or to those who serve the municipality or to an inspected municipal body. (c) In respect of information that is privileged at law, the limitations set out in or under a Law regarding persons authorized to handle such information shall apply to the auditor of the municipality and to employees acting on his behalf. (d) Every prohibition and limitation that apply to a public servant who is an employee of the auditor of the municipality shall apply to any employee of the auditor of the municipality who is not an employee of the municipality, in respect of his said employment. (e) For the purposes of performing his functions, the auditor of the municipality shall be invited and shall be entitled to be present at every meeting of the council of the municipality or any of the committees thereof, or any committee of any inspected municipal body; at any meeting that is not a closed meeting he shall.be entitled to be present through one of his employees as well."
6. In section 170C of the Ordinance — Amendment of section (1) at the end of subsection (d) the following shall be inserted: "before 170C the committee completes its conclusions and proposals, it may, if it sees a need for such, invite office bearers of the municipality or of an inspected municipal body to its deliberations in order to enable them to react to the report"; (2) at the end of the section the following shall be inserted: "(e) Within two months from the day on which the committee submits its conclusions and proposals, the council shall hold a special discussion of them and shall decide regarding their approval. (f) A person shall not publish any of the reports mentioned in this section or a part thereof or the contents thereof until the time prescribed for submitting it to the council has passed, and shall not publish an audit finding of the auditor of the municipality, however, the auditor of the municipality or the mayor may, with the consent of the committee, permit such publication."
Repeal of 7 Section 170D of the Ordinance is hereby repealed. section 170D
Replacement g. The followring shall replace section 171 of the Ordinance: of section 171 "Dismissal 171 (a) An employee of the municipality appointed under of senior section 167(a) shall not be dismissed unless it has been so employees decided at a meeting of the council after notice is duly given to all members of the council that the issue of such dismissal is to be deliberated at that meeting. (b) The auditor of the municipality or the legal adviser of the municipality who is its employee may only be dismissed with the approval of the council, by a majority of two thirds of its members, after notice is duly given to all members of the council that the issue of such dismissal is to be deliberated at that meeting.
(c) A resolution to dismiss the auditor of the municipality or the legal adviser of the municipality shall only be passed if they have been given the right to address the council regarding the dismissal. (d) The provisions of subsections (b) and (c) shall apply, mutatis mutandis, to the suspension of the auditor of the municipality or the legal adviser of the municipality as well. (e) The provisions of this section shall not derogate from the authority of the disciplinary tribunal under the Local Authorities (Discipline) Law, 5738-1978,2 to rule regarding the dismissal of a municipal employee dealt with under this section due to a disciplinary offense within its meaning in the said Law."
2 [5738] SH 153; 32 LSI 187. 120 9. After section 334 of the Ordinance the following shall be inserted: Addition of section "Publication 334A. A person who publishes a report or part thereof or 334A of audit report or its contents or a finding of an audit, and in so doing audit contravenes section 170C(f) or a condition of a permit granted findings to him under the said section shall be liable to imprisonment for one year."
10. In section 347 of the Ordinance, the following shall be inserted at its Amendment end: "regulations as aforesaid regarding the action of the auditor of the of section 347 municipality or regarding handling of a report submitted by him shall require the approval of the State Audit Committee of the Knesset".
11. In the Second Schedule to the Ordinance, in rule 59(a), the words "in Amendment section 170C(c) and (d)" shall be replaced by the words "in section 170C". schedule1
12. Notwithstanding the provisions of the Local Councils Ordinance,3 the Application Minister of the Interior may, with the approval of the State Audit Committee to Local Councils of the Knesset, include, in an establishment order of a local authority, provisions like all or any of those added to the Ordinance by this Law, mutatis mutandis as the case may require.
13. This Law shall commence on 6 Nissan 5750 (1 April 1990). Commence• ment
14. (a) Where a municipality employs an auditor part time on the day of Transitional publication of this Law, section 2 shall commence in respect of it at the end provisions of one year from the day of commencement of this Law.
(b) A person who, on the date of publication of this Law, served as auditor of a municipality part time and resigned, and gave notice that he was doing so due to the duty to appoint an auditor full time, shall be deemed, for the purposes of payment of severance pay and pension payments, to have been dismissed.
YITZHAK SHAMIR ARIEH DERI Prime Minister Minister of the Interior CHAIM HERZOG President of the State
3 9NH 256, 1 NV315. 121 (No. 32) LICENSING OF BUILDING (TEMPORARY PROVISION) LAW, 5750-1990*
Definitions 1. (a) For the purposes of this Law — and Interpre• "the Planning Law" - the Planning and Building Law, 5725-1965;' tation "the Planning Regulations" - the regulations made under the Planning Law; "residential structure" - a structure intended to be residential; "integrated structure" - a residential structure with stores at road level; "the local commission engineer" - including a person authorized by him for the purposes of the Planning Law, provided that he has the qualifications set out in section 20(a) of the Planning Law. (b) Every other term in this Law shall have the meaning ascribed to it in the Planning Law and in the Planning Regulations.
Times for 2. (a) Notwithstanding the contents of sections 145,157 and 158G to 158J dealing with an of the Planning Law and the Planning Regulations, for the purpose of the application times for dealing with and ruling on an application for a permit to build a for a permit residential structure or to build an integrated structure (hereinafter — a permit), and the granting of such permit, the following provisions shall apply: (1) a local commission or local licensing authority which has received an application for a permit shall rule on the application, and if it has been decided to grant the permit, they shall grant it within thirty days from the day on which the application for building a residential structure was submitted to them and within sixty days from the day on which an application to build an integrated structure was submitted to them, if the application and the annexes thereto are drafted in accordance with the requirements of the Planning Law and the Planning Regulations and if the requested building and the use conform with the provisions of the Scheme that applies to the land or the building which is the subject of
* Passed by the Knesset on 12 Shevat 5750 (7 February 1990) and published in SH 1307 of 21 Shevat 5750 (16 February 1990), p. 98; the Bill and Explanatory Notes were published in HH .197-1, 5750, p. 76. 1 1 [5725] SH 307; 19 LSI 330. 122 the application; the provisions of section 158G(b) of the Planning Law shall apply to such an application, however, in the affidavit required by the said section the requirements of section 3 of the Modular Coordination Law, 5733-1972,2 need not be fulfilled. (2) where an application for a permit has been submitted, the local commission engineer may require changes, amendments, completions and clarifications to the permit application, within twenty days from the day of submission of the application; where an amended application is submitted as required, the times set out in paragraph (1) shall apply from the day of submission of the amended application.
(b) The provisions of this section shall not apply to additions and alterations to inhabited structures.
3. Where a decision is not made at the times set out in section 2, the applicant Power of District may, within 14 days of the end of such times, apply to the District Licensing Licensing Authority and it shall decide on the application within twenty days; for the Authority purposes of such decision, the District Licensing Authority shall have all of the powers vested in the local licensing authority; where the District Licensing Authority decides that the permit be granted, it shall give notice of such within seven days to the local licensing authority, which shall grant the permit within twenty days from the day on which it was notified of the decision.
4. The Minister of the Interior may prescribe in regulations provisions Payment 8C regarding arrangements for the payment of fees or imposts and other men^ payments which are to be made under any enactment, and upon which the grant of a permit is conditional, including addition of interest and linkage differentials for delayed payments; where such payments are owed to the State, the regulations shall be made with the consent of the Minister of Finance.
5. The Minister of the Interior may prescribe in regulations that conditions Postpone• ment of in the permit resulting from the Planning Regulations or any other law need fulfillment not be required to be fulfilled at the time when the permit is granted, and of conditions that they may be fulfilled by the end of three months after the day that the for grant of permit is granted. permit
2 [5733] SH 16; 27 LSI 15. 123 Approval 6. Where the grant of a permit is made conditional upon the provision of a by an authority certificate by an authority under any law, and the fulfillment of this condition has been postponed under section 5, such authority shall grant its certificate, after having found it proper to do so, within thirty days from the day on ,which the application for such has been submitted to it, correctly drafted; where the authority does not give a certificate at the said time, it shall at that time notify the applicant and the local licensing authority of the reasons for not giving it.
Suspension ¡7! Where the fulfillment of conditions of a permit is postponed under section of permit whose 5 and the conditions are not fulfilled by the time set out therein, the permit conditions jshall be suspended until the conditions are fulfilled and any building addition were not !made after such time shall be deemed to be building without a permit; fulfilled however, the local licensing authority may extend the time for fulfilling the postponed conditions for a period of up to sixty additional days, provided that continued building during the time of the extension shall not frustrate !the fulfillment of any. of the conditions of the permit.
Implemen• 8. The Minister of the Interior is charged with the implementation of this tation and Regulations Law and he may make regulations in respect of any matter relating to its implementation.
Commence• 9. This Law shall take effect ten days after the day of its publication ment (hereinafter — the commencement day) and shall expire at the end of one year from the commencement day.
Application 10. (a) This Law shall apply to applications for permits submitted during the period of its effect. (b) Notwithstanding the contents of subsection (a), where an application has been submitted prior to the commencement of this Law and it meets its provisions but has not yet been decided upon, the applicant may apply in writing to the local licensing authority (hereinafter — the written application) and request that the provisions of this Law apply to his application, and once he has done so, the provisions of this Law shall apply to the application and it shall be deemed to have been submitted on the day on which the written application was received by the local licensing authority.
YITZHAK SHAMIR ARIEH DERI Prime Minister Minister of the Interior CHAIM HERZOG 124 President of the State (No. 33)
NATIONAL INSURANCE (AMENDMENT NO. 71) LAW, 5750-1990*
1. In section 27(a) of the National Insurance Law [Consolidated Version], Amendment of section 728-1968' (hereinafter — the principal Law), the words "five years" shall 27 be replaced by the words "ten years".
2. In section 78(a) of the principal Law, the words "five years" shall be Amendment of section replaced by the words "ten years". 78
3. The contents of section 137C of the principal Law shall be marked (a) Amendment of section and the following shall be inserted thereafter: 137C "(b) Where a pensioner under Chapter Three or Chapter Nine "B" dies after having reached 65 years for a man or 60 years for a woman, the grant shall be paid as provided in subsection (a)."
4. In section 167(e) of the principal Law, the words "student in Torah Amendment institution" shall be replaced by the words "girl serving in voluntary national of section 167 service approved by the Minister under section 5 and a student in a Torah institution".
5. Sections 1 and 2 shall also apply to a person married prior to the day of Commence• commencement of this Law provided that at such day the period set out in ment and Application sections 27(a) and 78(a) of the principal Law, in their wording prior to the commencement of this Law, has not yet passed.
YITZHAK SHAMIR YITZHAK SHAMIR Prime Minister Minister of Labor CHAIM HERZOG and Social Affairs President of the State
* Passed by the Knesset on 24 Shevat 5750 (19 February 1990) and published in SH 1308 of 3 Adar 5750 (28 February 1990), p. 102; the Bill and Explanatory Notes were pub• lished in HH 1891, on 20 Tammuz 5748 (5 July 1988), p. 233. 1 [5728] SH 108; [5750] SH 54; 22 LSI 114, supra 59. (No. 34)
POLITICAL PARTIES (FINANCING) (AMENDMENT NO. 10) LAW, 5750-1990*
Amendment !. in the Political Parties (Financing) Law, 5733-1973,' the contents of
of section 8 sectjon g snau 5e marked (a) and the following shall be inserted thereafter:
"(b) A party group shall not, directly or indirectly, receive any contribution not from a body corporate as set out in subsection (a) in the sum or sums of more than NIS 20,000 per annum from any person and dependent members of his household. (c) For the purpose of a year in which there are Knesset elections, the sum of NIS 40,000 shall replace the sum set out in subsection (b). (d) The Knesset Finance Committee may, prior to the commencement of any year, vary the sums set out in subsections (b) and (c) in accordance with the rate of change of the consumer price index. (e) Where the State Comptroller finds that a party group has received a contribution contrary to the provisions of this section, the State Comptroller shall direct the party group to transfer to the State treasury at such time as he shall determine a sum twice the sum of the contribution; where there-is no credit balance in the bank accounts of the party group for the purpose of transfer of the sum to the State treasury, the State Comptroller shall report such to the Speaker of the Knesset, and the Speaker of the Knesset shall deny the party group a sum identical to twice the sum of the contribution and shall return such sum to the State treasury." YITZHAK SHAMIR Prime Minister CHAIM HERZOG President of the State
Passed by the Knesset on 1 Adar 5750 (26 February 1990) and published in SH 1309 of 10 Adar 5750 (7 March 1990), p. 104; the Bill and Explanatory Notes were published in HH 1884, on 5 Tammuz 5748 (20 June 1988), p. 195. [5733] SH 52, [5742] SH 84; [5749] SH 73; 27 LSI 48; 36 LSI 81; 43 LSI 4. 126 (No: 35)
GENERAL RATES (LIMITATIONS ON INCREASES DURING THE 1990 FINANCIAL YEAR) LAW, 5750-1990*
1. (a) A local authority shall not, in respect of a property, collect general Increase of rates for the 1990 financial year in a sum which constitutes an increase General Rates above the sum of the rates which were lawfully due in respect of that property during the 1989 financial year. (b) For the 1990 financial year, a local authority shall not alter general discounts on rates or conditions of payment of rates, including the effects of non-payment on time, in comparison with the conditions lawfully prescribed for the 1987 financial year, other than for the benefit of ratepayers. (c) The Minister of the Interior and the Minister of Finance, ^or whomever they may authorize for the purpose, may permit a local authority to increase rates, or alter a discount or conditions of payment or effects of non-payment on time otherwise than permitted under subsection (b). (d) A local authority shall not impose general rates for the 1990 financial year on classes of property or on classes of use of property on which rates were not imposed for the 1989 financial year, except with the approval of the Minister of the Interior and the Minister of Finance, or whomever they authorize for the purpose. (e) A person so authorized by the Minister of Finance and the Minister of the Interior shall give notice to the Finance Committee of the Knesset of any permit granted under subsection (c) and of any approval granted under subsection (d) within thirty days of the date of their grant.
2. (a) This Law shall take effect on the day oh which it is passed by the Commence- ment and Knesset (hereinafter — the commencement day) transitional provisions (b) Where a local authority has prior to the commencement day collected rates, in whole or in part, according to a sum exceeding what it is allowed
* Passed by the Knesset on 2 Adar 5750 (27 February 1990) and published in SH 1309 of 10 Adar 5750 (7 March 1990), p. 104; the Bill and Explanatory Notes were published in HH 1972, on 2 Shevat 5750 (29 January 1990), p. 96. 127 under section 1, the provisions regarding the matter set out in the Local Authorities (Interest and Linkage Differentials on Compulsory Payments) Law, 5740-1980,' shall apply to the excess payments. (c) For the purposes of a local authority which prior to the commencement day collected rates, in whole or in part, at a discount or on payment conditions not permitted under section 1, the Minister of the Interior shall prescribe rules for calculating the sum that shall be deemed to be in excess and for determining the day of its payment, and the provisions in the Law referred to in subsection (b) shall apply accordingly. (d) Subsections (b) and (c) shall apply at the end of three months from the commencement day; the provisions of this subsection shall not derogate from the provisions of the Law referred to in subsection (b) or from the power of the Minister of the Interior under subsection (c).
YITZHAK SHAMIR SHIMON PERES ARIEH DERI Prime Minister Minister of Finance Minister of the Interior
CHAIM HERZOG President of the State
1 [5740] SH 46; 34 LSI 47. (No. 36)
PENSIONS (COMPENSATION FOR DELAY IN PAYMENT) (AMENDMENT) LAW, 5750-1990*
1. In section 2 of the Pensions (Compensation for Delay in Payment) Law, Amendment of section ׳hereinafter — the principal Law): 2) '5744-1984 (1) in subsection (a) — (a) in paragraph (2), the words "24 months" shall be replaced by the words "10 years"; (b) in paragraph (3), the words "24 months", twice, shall be replaced by the words "10 years"; (2) subsection (b) shall be replaced by the following; "(b) The following provisions shall apply to a pension paid for a period preceding the date of the claim: (1) if the said period is 12 months or less, the pension shall be paid at the updated rate; (2) if the said period exceeds 12 months, the pension shall be paid at the updated rate for 12 months and at the original rate for the remainder of the period."
2. Section 3 of the principal Law shall be replaced by the following: Replacement of section 3 "Calculation 3. Notwithstanding the contents of section 2 — of pension in special cases (1) where the claim is filed after two years have passed since the time for filing the claim prescribed in a Law named in the Schedule, paragraphs (2) and (3) of section 2(a) shall be read as if the words "ten years" were in each case replaced by the words "two years";
Passed by the Knesset on 16 Adar 5750 (13 March 1990) and published in SH 1310 of 25 Adar 5750 (22 March 1990), p. 108; the Bill and Explanatory Notes were published in HH 1960, on 13 Kislev 5750 (11 December 1989), p. 28. [5744] SH 66; 38 LSI 88. 129 (2) where the claim is filed before two years have passed since the time for filing the claim prescribed in a Law named in the Schedule, but where the information and documents required to decide on the claim have not been delivered to the competent authority within five years from the date of the claim, paragraphs (2) and (3) of section 2(a) shall be read as if the words "ten years" were in each case replaced by the words "five years"."
Addition of 3. After section 3 of the principal Law the following shall be inserted: section 3A r 6 ^'Delay not 3A. Where a court or a tribunal (Beth Din) holds that a faith °d competent authority has caused delay in payment of a pension arbitrarily and not in good faith, it may rule that the pension be paid at the updated rate even for longer periods than those set out in sections 2 and 3."
Commence- 4. This Law shall commence on the first day of the month following its application publication in Reshumot and it shall apply to any claim filed with the competent authority where the pension has not yet been paid under such claim before the commencement day of this Law.
YITZHAK SHAMIR YITZHAK SHAMIR Prime Minister Minister of Finance CHAIM HERZOG President of the State
130 (No. 37)
CRIMINAL PROCEDURE (AMENDMENT NO. 11) LAW, 5750-1990*
1. In section 221 of the Criminal Procedure Law [Consolidated Version], Amendment of section 5742-1982' (hereinafter - the principal Law), the following shall replace 221 subsection (c): "(c) Where a minister is authorized under another Law to determine that an offense is a finable offense, such determination shall require the consent of the Minister of Justice. (d) The determination of an offense as a finable offense shall require the approval of the Constitution, Law and Justice Committee of the Knesset."
2. After section 225 of the principal Law the following shall be inserted: Addition of section "Dates of 225A. Where a year has passed since the day of 225A service for finable commission of a finable offense, an information shall not be offenses filed in respect thereof nor shall a summons be served under section 222 or a payment-of-fine notice under section 228(b) be served in respect thereof; however, in the case of a finable offense which is a traffic offense as defined in the Traffic Ordinance,2 where the owner of the vehicle proves that responsibility for the offense did not devolve upon him under sections 69B and 70A of the said Ordinance, an information may be filed or a summons or a payment-of-fine notice may be served, upon the person who drove the vehicle if two years have not passed since the day of commission of the offense."
* Passed by the Knesset on 18 Adar 5750 (15 March 1990) and published in SH 1311 of 25 Adar 5750 (22 March 1990), p. 110; the Bill and Explanatory Notes were published in HH 1937, on 23 Sivan 5749 (26 June 1989), p. 102. 1 [5742] SH 43, 96 and 195; [5743] SH 130 and 145; [5745] SH 140; [5747] SH 112; [5748] SH 66,121 and 184; 36 LSI 35,91 and 183; 37 LSI 150 and 170; 39 LSI 151; 41 LSI 123; 42 LSI 63, 128 and 220. 2 7 NH 173,1 NV 222. 131 Replacement 3. Sections 228 and 229 of the principal Law shall be replaced by the of sections 228 and following: 229 "Option of 228. (a) A finable offense that is a traffic offense as defined trial in the Traffic Ordinance, and any other finable offense which the Minister of Justice has designated by order with the approval of the Constitution, Law and Justice Committee of the Knesset, shall be offenses of option of trial and the provisions of this section and sections 229 and 230 shall apply to them. (b) Where a police officer or a person empowered as set out in section 222 has grounds to believe that a certain person has committed an offense of option of trial, he may deliver to him a payment-of-fine notice; the notice shall be on the form prescribed and shall specify the offense and the amount of the fine prescribed for it.
(c) Where a person who may deliver a payment-of-fine notice as set out in subsection (b) has grounds to believe that the offense has been committed in circumstances in respect of which a prosecutor has given notice that they require clarification in court, he shall not deliver a payment-of-fine notice but a court summons Where the offense committed is a traffic offense and a person empowered to deliver a payment-of-fine notice has reasonable grounds to believe that the offense was committed under aggravating circumstances as referred to in section 29 of the Traffic Ordinance, he shall not deliver a payment-of- fine notice but a summons to trial.
(d) The designation of a finable offense as an offense of option of trial shall not derogate from the authority of a prosecutor to file an information for such offense, if he is of the opinion that the circumstances of the offense require clarification in court, provided that a payment-of-fine riotice has not yet been delivered under subsection (b).
Payment of 229. (a) A person to whom a payment-of-fine notice has fine been delivered shall, within thirty days of the day of service, pay the fine specified in the notice into the account specified therein unless, within those thirty days, he gives notice in the 132 manner prescribed by regulations, that he wishes to be tried for the offense, or files with the prosecutor an application for cancellation as set out in subsection (c). (b) Where a person does not pay the fine on time and does not give notice that he wishes to be tried for the offense, he shall pay the fine twice over; if six months have passed without his having paid ,the arrears surcharge at the rate set out in section 67 of the Penal Law, 5737-1977 — calculated on the basis of the original fine — shall be added to the doubled fine; the collection of the fine shall be carried out as provided in sections 68 and 70 of the Penal Law, 5737-1977, and section 69 of that Law shall not apply.
(c) A prosecutor may cancel a payment-of-fine notice if he is convinced that no offense has been committed or that it was committed not by the person who received the notice, or if he is of the opinion that under the circumstances of the proceedings there is no public interest in continuing the case; the prosecutor shall record the payment-of-fine notice that he cancelled and shall give reasons for his decision; for the purposes of this subsection, "prosecutor" — as meant in section 12, if he has been authorized especially for this purpose by the Attorney General.
(d) Where the prosecutor decides not to cancel the payment-of-fine notice, he shall serve notice of such upon the applicant and the thirty days for filing of an application to be tried shall commence on the day of service, but the provisions of subsection (b) shall apply as if the application for cancellation had not been filed with the prosecutor. (e) A prosecutor may consider an application filed after the time set out in subsection (a) if he is convinced that the application was not filed on time due to reasons not dependent upon the applicant and which prevented him from filing it on time and it was filed immediately after the obstacle was removed. (f) Where a person has not given notice under subsection (a) of his wish to be tried and has not paid the fine on time, the prosecutor may exempt him, at his application, from paying the arrears surcharge set out in subsection (b), in whole or in part, if the prosecutor is convinced that the reason for non-payment on time is one of the following: (1) the applicant did not receive the payment-of-fine notice; (2) the applicant was abroad or was in compulsory duty in the I.D.F. or in active reserve duty and therefore was prevented from paying on time; (3) the reason for being charged the arrears surcharge derives from a mishap of State authorities. (g) An application under subsection (f) shall be in writing, and shall be supported by an affidavit verifying the facts detailed therein. The prosecutor may decide the application based on the affidavit alone, or in the presence of the applicant alone, and his decision shall not be appealable. (h) Where a person has paid the fine, he shall be deemed to have pleaded guilty in court, to have been convicted and to have borne his sentence. i (i) The Minister of Justice, with the consent of the Constitution, Law and Justice Committee of the Knesset, may make regulations for the implementation of this section."
Amendment 4. in section 230 of the principal Law, after the words "shall be sent a court 23fjeCtl0n summons" the words "within one year from the day his notice was received" shall-be inserted.
Amendment 5. In section 67(b) of the Penal Law, 5737-1977,3 the words "one hundred of Pencil
Law percent", at each place, shall be replaced by the words "fifty percent".
Commence- 6. This Law shall take effect 90 days after the day of its publication, ment
3 [5737] SH 226; [5750] SH 90; LSI 5737- Special Volume, Penal Law; supra p. 17. 134 7. (a) The provisions of section 2 shall also apply to finable offenses Transitional committed prior to the commencement of this Law, however, the period of limitation on them shall be two years from the day of commission of the offense. (b) The arrears surcharge referred to in section 229(b) of the principal Law and section 67(b) of the Penal Law, 5737-1977, in their version in this' Law, shall also be added from the day of commencement of this Law to a fine for an offense committed prior to the day of commencement of this Law. (c) A person to whom a payment-of-fine notice has been delivered within a year prior to the commencement of this Law, and up to the day of its commencement has not requested to be tried and has not paid the fine, may file an application to the prosecutor to cancel the payment-of-fine notice within 60 days from the day of commencement of this Law. (d) Where a person to whom a payment-of-fine notice was delivered within three years prior to the commencement of this Law and up to the day of its commencement has not requested to be tried and has not paid the fine, the arrears surcharge on the fine shall be recalculated for him, in accordance with the provisions of section 229(b) of the principal Law and section 67(b) of the Penal Law, 5737-1977, in their version in this Law, provided that he pays his debt within four months from the day of commencement of this Law; the payment shall be made in a manner which shall be prescribed in regulations.
YITZHAK SHAMIR DAN MERIDOR Prime Minister Minister of Justice CHAIM HERZOG President of the State
135 (No. 38)
STATE COMPTROLLER (AMENDMENT NO. 15) LAW, 5750-1990*
Amendment 1. In section 45A of the State Comptroller Law, 5718-1958 [Consolidated of section 1 45A Version] (hereinafter — the principal Law), the comma after the words "notwithstanding anything contained in section 38(8)" shall be replaced by a dash, the rest of the section shall be marked (1), and the following shall be inserted thereafter:
"(2) a complaint of an employee who is an internal auditor in a body mentioned in section 36(1) or (2) — other than a police officer, a prison officer or a soldier — regarding his removal from office or regarding an act that deviates from the provisions of a Law, regulations, state service rules, a collective agreement, or general arrangements made by the State Service Commissioner, or other similar general arrangements, which directly harms the complainant himself, or which directly prevents him from enjoying a benefit, done by his superior in reaction to his actions in the fulfillment of his office as internal auditor, shall be investigated pursuant to the provisions of this chapter, subject to sections 45C to 45E."
Amendment 2. In section 45B of the principal Law, the words "under section 45A" of section 45B shall be replaced by the words "under section 45A(1)".
Amendment 3. In section 45D of the Principal Law, the words "and the State Service of section 45D Commissioner may so request in the case of a complaint by a State employee" shall be replaced by the words "where the complaint is made by a State
* Passed by the Knesset on 22 Adar 5750 (19 March 1990) and published in SH 1312 of 2 Nissan 5750 (28 March 1990), p. 114; the Bill and Explanatory Notes were published in HH 1974, on 11 Shevat 5750 (6 February 1990), p. 114. 1 [5718] SH 92; [5722] SH 6 and 42; [5724] SH 42; [5729] SH 98; [5731] SH 112; [5732] 134; [5734] SH 38; [5735] 58; [5738] SH 53; [5740] SH 76; [5741] SH 280; [5744] SH 37 and 129; [5748] SH31; 12 LSI 91; 16 LSI 6 and 34; 18 LSI 38; 23 LSI 108; 25 LSI 111; 26LSI 152; 28 LSI 34; 29 LSI 68; 32LSI 66; 34LSI 80; 35 LSI 340;38 LSI46 and 178; 42 LSI 26. 136 employee, the State Service Commissioner may also make such a request; where the complaint is made by a person who is not a State employee, the person heading the inspected body may also make such a request".
YITZHAK SHAMIR DAN MERIDOR Prime Minister Minister of Justice CHAIM HERZOG President of the State
(No. 39)
LONG SCHOOL DAY LAW, 5750-1990*
1. In this Law — Definitions "educational institution" - any of the following: (1) an educational institution for methodical teaching of pupils; (2) a trade school as defined in section 1 of the Apprenticeship Law, 5713-1953;' "local education authority" - as defined in the Compulsory Education Law, 5709-1949;2 "pupil" - a person who learns at an educational institution in compulsory kindergarten or in a class from grade 1 to grade 12; "the Minister" - the Minister of Education and Culture.
2. The aim of this Law is to add hours of learning and of education to the Purposes existing hours at educational institutions, so as to expand and deepen the
* Passed by the Knesset on 23 Adar 5750 (20 March 1990) and published in SH 1312 of 2 Nissan 5750 (28 March 1990), p. 137; the Bill and Explanatory Notes were published in HH 1977, on 25 Shevat 5750 (20 February 1990), p. 124. 1 [5713] SH 108; 7 LSI 86. 2 [5709] SH 287; 3 LSI 125. 137 knowledge and education of the pupils, to add education towards values and social activity, all within the framework of the objects of state education as set out in section 2 of the State Education Law, 5713-1953.3
Long 3. (a) A long school day for pupils shall be introduced in accordance with School Day the provisions of this Law at the educational institutions.
(b) A long school day shall comprise eight hours or such other number of hours as the Minister may prescribe in regulations with the approval of the Education and Culture Committee of the Knesset; such regulations may be general, for particular days or for types of educational institutions or classes of study.
Curricula 4. The Minister shall adjust the curricula to a long school day.
Application 5. This Law shall be applied gradually beginning with the 5751 school and transitional year, pursuant to orders made by the Minister in consultation with the local provisions education authorities and with the approval of the Education and Culture Committee of the Knesset, provided that the application thereof shall be completed no later than the commencement of the 5754 school year.
Implemen• 6. The Minister is charged with the implementation of this Law and may tation and regulations make regulations regarding any matter concerning its implementation.
YITZHAK SHAMIR YITZHAK SHAMIR Prime Minister Minister of Education CHAIM HERZOG and Culture President of the State
3 [5713] SH 137; 7 LSI 113. 138 (No. 40)
STATE OF ISRAEL BONDS (VARIABLE RATE ISSUE) (AMENDMENT NO. 2) LAW, 5750-1990*
1. In section 1 of the State of Israel Bonds (Variable Rate Issue) Law, 5743- Amendment 1983,' the words "five hundred million dollars" shall be replaced by the of section 1 words "one thousand and three hundred million dollars".
YITZHAK SHAMIR YITZHAK SHAMIR Prime Minister Minister of Finance CHAIM HERZOG President of the State
־ Passed by the Knesset on 23 Adar 5750 (20 March 1990) and published in SH 1312 of 2 * Nissan 5750 (28 March 1990), p. 115; the Bill and Explanatory Notes were published in HH 1980, on 8 Adar 5750 (5 March 1990), p. 134. 1 [5743] SH 16; [5747] SH 28; 37 LSI 16; 41 LSI 28. . (No. 41)
SPOUSES (PROPERTY RELATIONS) (AMENDMENT) LAW, 5750-1990*
Amendment 1. In section 5(a) of the Spouses (Property Relations) Law, 5733-1973' of section 5 (hereinafter — the principal Law), the following shall replace paragraph (2): "(2) a benefit payable to one of the spouses by the National Insurance Institute, or a benefit or compensation awarded or due under an enactment to one of the spouses on account of bodily harm, or death."
Amendment 2. After section 6(c) of the principal Law the following shall be inserted: of section 6 "(d) In making its decision under subsection (c), the court or tribunal shall take into account all of the circumstances relating to the financial situation of each of the spouses, and so as to avoid as far as possible - (1) causing loss of a source of reasonable income to one of the spouses; (2) cessation of existence, or harm to the continued proper functioning, of a corporation or other place of employment; (3) adverse affection of the accumulation of social rights of one of the spouses."
Transitional 3. (a) The provisions of this Law shall apply to spouses who have married provisions after 6 Tevet 5734 (31 December 1973), other than spouses who commenced proceedings towards a resources-balancing arrangement between them prior to the commencement of this Law. (b) Where spouses have entered into a financial agreement prior to the commencement of this Law, they shall be deemed, in respect of matters in
Passed by the Knesset on 1 Nissan 5750 (27 March 1990) and published in SH 1313 of 9 Nissan 5750 (4 April 1990), p. 118; the Bill and Explanatory Notes were published in HH 1977, on 24 Shevat 5750 (20 February 1990), p. 124. [5733] SH'267; 27 LSI 313. which the agreement does not otherwise provide, to have agreed to the resources balancing arrangement under Chapter Two, as amended by this Law, unless the court rules otherwise in respect of the said matters.
YITZHAK SHAMIR DAN MERIDOR Prime Minister Minister of Justice CHAIM HERZOG President of the State
(No. 42)
BANKING (LICENSING) (AMENDMENT NO. 8) LAW, 5750-1990*
1. In section 21 of the Banking (Licensing) Law, 5741-1981,' the following Amendment shall be inserted at the end of the definition of "grant of cremt": of section 21
"(7) grant of long term credit the source of which is in bonds issued to the public under a prospectus pursuant to the provisions of section 15 of the Securities Law, 5728-1968,2 if in the prospectus under which the bonds were offered to the public it was pointed out that the offeror's purpose is to use the proceeds of the issue for the grant of credit to a person whose name is expressly mentioned in the prospectus or for the purchase of the rights of a banking corporation towards borrowers."
2. The contents of section 13 of the Banking Ordinance, 1941,3 shall be Amendment of Banking marked (a) and the following shall be inserted after it: Ordinance
* Passed by the Knesset on 3 Nissan 5750 (29 March 1990) and published in SH 1313 of 9 Nissan 5750 (4 April 1990), p. 118; the Bill and Explanatory Notes were published in HH 1973, on 10 Shevat 5750 (5 February 1990), p. 112. 1 [5741] SH 232; [5749] SH 112; 35 LSI 277; 43 LSI 132. 2 [5728] SH 234; [5748] SH 188; 22 LSI 266; 42 LSI 227. 3 [1941] Supp. 1, 69; [5741] SH 241; 35 LSI 195. "(b) The provisions of subsection (a) shall also apply to a loan as set out therein in respect of which the banking corporation has assigned its rights towards the borrower to a person who is not a banking corporation. (c) A banking corporation shall not assign a loan of the type referred to in subsection (a) unless arrangements are made with the assigning banking corporation or with another corporation to ensure that service to the customer is not materially harmed."
YITZHAK SHAMIR YITZHAK SHAMIR Prime Minister Minister of Finance CHAIM HERZOG President of the State (No. 43)
CHAMBER OF ADVOCATES (AMENDMENT NO. 17) LAW, 5750-1990*
1. In section 25 of the Chamber of Advocates Law, 5721-19611 (hereinafter Amendment — the principal Law), the following shall be inserted at its end: of section "(4) a person who has completed studies at an institution recognized for this purpose by the Chamber of Advocates, or by an institution of higher education which has been maintaining a faculty of law for at least five years, provided that the duration of studies at the institution recognized was no less than three years, and that the said institution has laid down criteria for the admission of students."
2. In section 26 of the principal Law, the following shall be inserted after Amendment , ,„. of section paragraph (3): 26 "(4) a person who has received from an institution as described in section 25(4) confirmation of having completed his studies at the institution and of having met the requirements for receipt of a certificate of completion of his studies."
YITZHAK SHAMIR DAN MERIDOR Prime Minister Minister of Justice CHAIM HERZOG President of the State
* Passed by the Knesset on 3 Nissan 5750 (29 March 1990) and published in SH 1313 of 9 Nissan 5750 (4 April 1990), p. 118; the Bill and Explanatory Notes were published in HH 1983, on 29 Adar 5750 (26 March 1990), p. 150. 1 [5721] SH 178; [5722] SH 15; [5723] SH 66 and 145; [5725] SH 25; [5728] SH 12; [5731] SH 178 and 180; [5732] SH 36; [5736] SH 126; [5737] SH 7; [5738] SH 198; [5740] SH 108 and 110; [5745] SH 197; [5747] SH 36; [5749] SH 64; 15 LSI 196; 16 LSI 13; 17 LSI 80 and 177; 19 LSI 21; 22 LSI 12; 25 LSI 1.71 and 173; 26 LSI 37; 30 LSI 126; 31 LSI 7; 32 LSI 251 ;34 LSI 119 and 122; 39 LSI 218; 41 LSI 34; 43 LSI 84. 143 (No. 44)
JEWISH RELIGIOUS SERVICES (AMENDMENT NO. 7) LAW, 5750-1990*
Addition of 1. After section 3 of the Jewish Religious Services Law [Consolidated section 3A Version], 5731-19711 (hereinafter — the principal Law), the following shall be inserted:
"Persons 3A. Every provision in an enactment under which a person disqualified from is disqualified from serving as a member of the council of a serving and local authority in which there is a religious council, and a disconti• every provision in an enactment under which a member of nuance of membership the council of such a local authority ceases to serve due to having been absent from meetings of the council — shall also apply, mutatis mutandis, to a member of that religious council, and the same rule shall apply to provisions regarding the manner of notification of discontinuance of membership of the council."
Addition of 2. After section 10A of the principal Law, the following shall be inserted: section 10B "Dissolution 1 OB. (a) Should the Minister of Religious Affairs find, after of council and having perused the report of a committee of inquiry that he appointment appointed whose members included a representative of the of Attorney General, that a council is no longer fulfilling the appointed committee functions imposed upon it under any law or that it is not fulfilling such functions properly, he may, after warning it, dissolve the council and appoint an appointed council in its place; the composition of the appointed council shall be determined by the Minister after Consulting with the head of the local authority and with the local Rabbinate.
* Passed by the Knesset on 1 Nissan 5750 (27 March 1990) and published in SH 1313 of 9 Nissan 5750 (4 April 1990), p. 120; the Bill and Explanatory Notes were published in HH 1963, on 11 Tevet 5750 (8 January 1990), p. 35. 1 [5731] SH 130; [5733] SH 75; [5738] SH 104; [5740] SH 95; [5741] SH 148; [5744] SH 2; [5745] SH20; 25 LSI 125; 27 LSI 71 ;32 LSI 131; 34 LSI 104; 35 LSI 162; 38 LSI 4; 144 39 LSI 20. (b) The appointed committee shall have all of the powers and duties of the council. (c) The Minister of Religious Affairs shall appoint one of the members of the appointed committee to be chairman of the committee, and if he sees the need for such, may appoint another member to be deputy chairman; the chairman and the deputy chairman shall have all of the powers and duties of the head and the deputy head of the council, and shall be entitled, if they are not State employees, to receive from the council's funds the salary approved for the bearers of those offices on the dissolved council.
(d) An appointed committee shall serve until the composition of the council is renewed, in accordance with section 6, and the Minister of Religious Affairs may renew the composition for this purpose at any time that he finds that conditions so permit. (e) Regarding the appointment of a committee of inquiry, dissolution of the council and the appointment of an appointed committee under this section a notice shall be published in Reskumot."
3. In section 11 of the principal Law, subsection (b) shall be replaced by Amendment
., c ,, of section
״ :the following "(b) The Minister of Religious Affairs may, with the consent of the Minister of Finance, the Minister of the Interior and the head of the local authority, vary the rates prescribed for the participation of the government and the local authority as set out in subsection (a), if in his opinion the special conditions of the place justify doing so."
YITZHAK SHAMIR ZEVULUN HAMMER Prime Minister Minister of Religious Affairs CHAIM HERZOG President of the State
145 (No. 45) DAYANIM, QADIS AND QADIS MADHHAB (INVESTIGATION AND CRIMINAL TRIAL) LAW, 5750-1990*
Amendment 1. In place of section 25(a) of the Dayanim Law, 5715-1955,' the following of Dayanim shall be inserted: Law "(a) No criminal investigation against a dayan shall be instituted except with the consent of the Attorney General, and no information may be filed against a dayan except by the Attorney General."
Amendment 2. In place of section 23(a) of the Qadis Law, 5721-1961,2 the following of Qadis Law shall be inserted:
"(a) No criminal investigation against a qadi shall be instituted except with the consent of the Attorney General, and no information may be filed against a qadi except by the Attorney General."
Amendment 3. In place of section 28(a) of the Druze Religious Courts Law, 5723-1962,3 of Druze Religious the following shall be inserted: Courts Law "(a) No criminal investigation against a qadi madhhab shall be instituted except with the consent of the Attorney General, and no information may be filed against a qadi madhab except by the Attorney General.
YITZHAK SHAMIR ZEVULUN HAMMER Prime Minister Minister of Religious Affairs CHAIM HERZOG President of the State
* Passed by the Knesset on 29 Adar 5750 (26 March 1990) and published in SH 1313 of 9 Nissan 5750 (4 April 1990), p. •121; the Bill and Explanatory Notes were published in HH 1979, on 2 Adar 5750 (27 February 1990), p. 131. 1 [5715] SH 68; [5719] SH 135; [5724] SH 140; [5726] SH18; [5729] SH 41 and 99; [5732] SH 43; [5740] SH 94; [5741] SH 141; [5744] SH 50; [5746] SH 36; [5749] SH 69 and 76; 9 LSI 74; 13 LSI 145; 18 LSI 137; 20 LSI 13; 23 LSI 47 and 108; 26 LSI 44; 34 LSI 103; 35 LSI 154; 38 LSI 63,40 LSI 38; 43 LSI 90 and 98. 2 [5721] SHI 18; [5724] SH 141; [5729] SH 99; [5741] SH 141, [5746] SH 36; 15 LSI 123; 18 LSI 138; 23 LSI 108; 35 LSI 154; 40 LSI 38. 3 [5723] SH 20; [5724] SH 141; [5729] SH 99; [5732] SH 144; [5740] SH 84; [5741] SH 141; [5746] SH 36; 17 LSI 27; 18 LSI 138; 23 LSI 108; 26 LSI 165; 34 LSI 90; 35 LSI 154; 40 (No. 46)
POSTAL AUTHORITY (AMENDMENT) LAW, 5750-1990*
1. Section 24 of the Postal Authority Law, 5746-1986' (hereinafter — the Replacement principal Law), shall be replaced by the following: of section
"Additional 24. The Council, with the approval of the Minister and the services committee, may decide that the Authority provide additional services to those that it provides under this Law, as long as they are directly connected to such services and integrate with them, or that they are other services provided to the public on behalf of the State."
2. The contents of section 33 of the principal Law shall be marked (a) and Amendment the following shall be inserted thereafter: 33 "(b) The provisions of subsection (a) as to the pensions of employees of the Authority being like those of State employees shall only apply to employees who became employees of the Authority according to the Agreement for Transfer of Employees as set out in section 110; other employees of the Authority shall be entitled to benefits within the framework of a pension fund to be set up for such purpose by the Authority, in coordination with the employee organization that represents the largest number of employees of the Authority."
3. In section 37 of the principal Law — Amendment of section (1) in subsection (a), after the words "the Minister" the words "with the 37 approval of the Minister of Finance" shall be inserted; (2) the following shall replace subsection (b): "(b) The Minister may, by order, add services to the Schedule, and
* Passed by the Knesset on 29 Adar 5750 (26 March 1990) and published in SH 1313 of 9 Nissan 5750 (4 April 1990), p. 121; the Bill and Explanatory Notes were published in HH 1968, on 25 Tevet 5750 (22 January 1990), p. 55. 1 [5746] SH 79; 40 LSI 78. 147 with the approval of the Minister of Finance he may, by order, delete services from the Schedule."; (3) the following shall replace subsection (c): "(c) The Minister, in consultation with the Minister of Finance, may prescribe in regulations payments for services that the Authority provides and are not listed in the Schedule; however, if the Minister finds that there is competition in the provision of any of the said services, he may permit the Authority to collect a reasonable payment for such service, and the provision regarding prescribing in regulations shall not apply; the Minister shall notify the committee of the giving of such a permit."; (4) in subsection (d), the end of the sub-section commencing with the words "the regulations" shall be deleted; (5) in subsection (e), after the words "interest and linkage differentials" the words "and collection costs" shall be inserted: (6) in subsection (f), the following words shall be inserted at the end: "the Authority shall provide the Minister, upon his demand, with a report regarding the payments that it has collected under this subsection" .
Amendment 4. In section 45 of the principal Law, in paragraph (3), after the words "in of section 45 his post-box" the words "or in a post-box allocated to him by the Authority at a postal item distribution installation" shall be inserted.
Amendment 5. In section 50 of the principal Law — of section 50 (1) in subsection (a), after the word "letters" the words "and set out conditions therein" shall be inserted; (2) in subsection (d), after the words "the Minister has ordered" the words "in the permit" shall be inserted.
Amendment 6. In section 56 of the principal Law — of section 56 (1) in subsection (a), after the words "against the rules" the words "or that cannot be delivered or returned" shall be inserted; (2) in subsection (b), the words "said postal item" shall be replaced by the words "postal item sent against the rules".
148 7. The following shall replace section 86 of the principal Law: Replacement of section "Exemption 86. A postal clerk shall not bear criminal or civil liability 86 from liability for for transmitting or conveying by telegram, in good faith and offense or in virtue of his work, a matter constituting an offense or a civil wrong civil wrong under any law or for taking part in such transmitting or conveying."
Amendment 8. In section 90 of the principal Law — of section 90 (1) in subsection (b) — (a) in the heading, after the words "suspension of a postal item" the words "in the manner prescribed in rules" shall be inserted; (b) after paragraph (3) he following shall be inserted: "(4) the postal item contains items the transmission of which by mail is prohibited under the treaty or agreements of the World Postal Union or under the rules; (5) there is a reasonable suspicion that an offense has been committed regarding the postal item or by means of it under this Law or under any other law."; (2) after subsection (b) the following shall be inserted: "(c) Where a postal item has been opened, delayed or suspended as aforesaid, the postal clerk shall deal with it in accordance with the provisions of the rules.".
9. Section 112(c) of the principal Law shall be replaced by the following: Amendment of section 112 "(c) Transfer of rights to the Authority under the property transfer agreement or registration of such rights in the name of the Authority, shall be exempt from any payment applicable under any law or agreement to such transfer or registration; the Minister of Finance may by order exempt the Authority from the payment of all or any fees, stamp duty, taxes and all other compulsory payments involved in the implementation of the property transfer agreement."
149 Addition of 10. After section 117 of the principal Law the following shall be inserted: section 117A "Taxes 117A. (a) The Authority shall be treated as the State for the purpose of payment of taxes, stamp duty, fees and other compulsory payments due to the State.
(b) The Authority shall be exempt from employers' tax as defined in the Employers' Tax Law, 5735-1975."2
Amendment 11. In section 126(a) of the principal Law the following shall be inserted at of section 126 the end: "including regulations regarding supervision of a permit holder and of the activities of the Authority and those acting on its behalf."
Amendment 12. In section 69(2) of the Planning and Building Law, 5725-1965,3 after of the Planning the words "a telephone exchange" the words "a postal item distribution and installation" shall be inserted. Building Law
Temporary 13. (a) The Authority shall be treated as the State for the purposes of provision regarding payment of rates and other compulsory payments due to a local authority. rates (b) Subsection (a) shall be in force until 16 Nissan 5751 (31 March 1991).
Commence• 14. Sections 9,10 and 13(a) shall have effect from 1 Nissan 5747 (31 March ment 1987).
YITZHAK SHAMIR YITZHAK SHAMIR Prime Minister Minister of Communications CHAIM HERZOG President of the State
I 2 [5735] SH 118; 29 LSI 152. 3 [5725] SH 307; 19 LSI 330. 150 (No. 47)
TRANSITION (AMENDMENT NO. 11) LAW, 5750-1990*
1. In section 2 of the Transition Law 5709-1949,' subsection (b) shall be ^^J1^ replaced by the following: "(b) Every Law shall be signed by the Speaker of the Knesset, the Prime Minister and the Minister charged with implementation of the Law."
YITZHAK SHAMIR Prime Minister CHAIM HERZOG President of the State
* Passed by the Knesset on 29 Adar 5750 (26 March 1990) and published in SH 1313 of 9 Nissan 5750 (4 April 1990), p. 124; the Bill and Explanatory Notes were published in HH 1978, on 1 Adar 5750 (26 February 1990), p. 130. 1 [5709] SH 1; [5711] SH 55; [5712] SH 8, 253 and 276; [5716] SH 70; [5722] SH.86 AND 110; [5724] SH 121; [5725] SH 205; [5728] SH 232; 3 LSI 3; 5 LSI 48; 6 LSI 6, 73 and 83; 10 LSI 68; 16 LSI 73 and 97; 18 LSI 115; 19 LSI 215; 22 LSI 265. (No. 48)
EXECUTION (AMENDMENT NO. 9) LAW, 5750-1990*
Addition of 1. After section 4 of the Execution Law, 5727-1967' (hereinafter the section 4A principal Law), the following shall be inserted:
"Vesting of 4A. (a) The Minister of Justice may prescribe by order that powers in applications of a judgment creditor under this Law, specified an in the order, noting the sections in accordance with which Execution 1 Officer they are submitted, may be heard and decided upon by an Execution Officer, his deputy, or whoever substitutes for him in his absence, within the period prescribed in the order; such order shall not include applications under sections 19,25,48, 58 and 70.
(b) An order under subsection (a) shall require the approval of the Constitution, Law and Justice Committee of the Knesset."
Replacement 2. Section 5 of the principal Law shall be replaced by the following: of section 5
"Assignment 5, (a) An Execution Officer may assign to an officer of the of tdsks Court, or to any other person consenting, the task of taking proceedings within the sphere of his authority, provided that the proceedings assigned to any other person shall only be those of attachment and sale of assets; an Execution Officer whom the Director of Courts has specifically authorized for this purpose may also assign a task as aforesaid in respect of proceedings within the sphere of authority of another Execution Officer; the Execution Officer may make the assignment and implementation of the task contingent on conditions which he deems fit.
* Passed by the Knesset on 3 Nissan 5750 (29 March 1990) and published in SH No. 1314 of 11 Nissan 5750 (April 6 1990), p. 126; the Bill and an Explanatory Note were pub• lished in HH No. 1967 of 25 Tevet 5750 (22 January 1990), p. 52. 1 [5727] SH 116,21 LSI 112; [5729] SH 16,23 LSI 19; [5735] SH 12, 29 LSI 16; [5738] SH 160, 32 LSI 195; [5739] SH 29, 33 LSI 31; [5740] SH 132, 34 LSI 148; [5744] SH 52, 38 LSI 64; [5746] SH 62, 40 LSI 59; [5749] SH 50,43 LSI 67. (b) A person who is not an officer of the Court may not be employed in the taking of proceedings as stated in subsection (a) unless he has been authorized to do so by the Minister of Justice. (c) A person who has undertaken a task as aforesaid in subsection (a) (hereinafter — the officer) ,shall, for the purposes of that task, be deemed to be an Execution Officer, he shall be required to personally perform such task and he may not assign its performance to another person; the aforesaid shall not prevent the officer from taking assistance from persons suitable to perform the task, provided that he is present on site at the time of performance. (d) Where the officer is a body corporate, the body corporate shall notify the Execution Officer as to who are the office-holders who are responsible for performing the task, and each of them shall be deemed to be an officer for the purposes of subsection (c).
(e) The Minister of Justice may, with the approval of the Constitution, Law and Justice Committee of the Knesset, make regulations for the implementation of this section, including the prescribing of qualifications for a person to serve as an officer, and the duties devolving upon him in the performance of his task."
3. Section 19 of the principal Law shall be replaced by the following: Replacement of section 19 "Plea that 19 (a) where a judgment debtor contends that he has been paid complied, or is no longer required to comply, with the whole or part of a judgment, the burden of proof shall be upon him, and the Chief Execution Officer may determine whether and to what extent the judgment debtor is still required to comply with the judgment; until such a determination has been made, the Chief Execution Officer may order a stay of execution of the whole or part of the judgment, on special grounds to be recorded. (b) Where the Chief Execution Officer has decided to order a stay of execution of a judgment, he shall make an order for the deposit of a security to ensure compliance with 153 the judgment, unless he decides, in consideration of the circumstances of the case, not to make such an order. (c) At a hearing under this section, the Chief Execution Officer shall act as if he were a court hearing an application by way of motion, and for the purposes of appeal, his decision shall be treated as a judgment of a Magistrates' Court; Where the Chief Execution Officer has dismissed the contentions of the judgment debtor, he shall impose on him special costs if he finds that his contention was baseless."
Amendment 4. In section 21 of the principal Law — of section 21 (1) the marginal note shall be replaced by the following: "Attachment and sale of movable property"; (2) in subsection (a) — (1) theheading shall be replaced by the following: Upon the application of the judgment creditor the Chief Execution Officer may order an attachment on and sale of the movable property of the judgment debtor, or realization thereof by other means, and upon his doing so an Execution Officer may —";
(2) after paragraph (2) the following shall be inserted: (3) sell the attached property, provided however that fourteen days have passed since the imposition of the attachment and the judgment ^ debtor has not paid the judgment debt; where the property is perishable, the Execution Officer may sell it immediately upon attachment". Repeal of 5. Sections 27 and 31 of the principal Law are hereby repealed. sections 27 and 31 Amendment 6. In section 34 of the principal Law, the following shall be inserted at the of section end of subsection (a): "as well as an attachment on the rights in land of the 34 judgment debtor deriving from registration of a caution note thereon in his favor; for this purpose, "caution note" — within its meaning in section 126 of the Land Law, 5729-1969".2 ,
I 2 5729 [SH] 259, 23 LSI 283. 154 7. In section 71 of the principal Law, the following shall be inserted at the Amendment of section end thereof: 71 "(c) An order of imprisonment shall not be issued if the amount of the debt in respect of which the order is requested, including the linkage differentials and interest, does not exceed fifty New Shekels."
8. In section 80 of the principal Law, in subsection (a), after the words Amendment "Execution Officer" the words "or a decision of his under section 4A" shall of section 80 be inserted.
9. In section 88 of the principal Law, paragraph (8) is hereby repealed. Amendment of section 88
3 10. In the Taxes (Collection) Ordinance, after section 12E the following Amendment shall be inserted: of Taxes (Collection) "Imposition 12F. The Income Tax Commissioner (hereinafter — the Ordinance of collection Commissioner) or the Director of Customs and VAT task (hereinafter — the Director) may impose on any other person the carrying out of proceedings for the attachment and sale of property under this Ordinance, for the purpose of collecting a tax debt, within its meaning in the Tax Set-off Law, 5740- 19804 (hereinafter — a tax debt), under conditions to be determined by the Minister of Finance.
Appointment 12G. The Commissioner or the Director may appoint a of a receiver for specific property of the judgment debtor, for the Receiver purpose of collecting a tax debt; the receiver shall have the same duties and powers as a receiver under the Execution Law, 5727-1967, mutatis mutandis, and for these purposes the Commissioner or the Director, as the case may be, shall be deemed to be the Chief Execution Officer, except for the purposes of section 58(b) of the aforesaid Law.
3 2 Laws 1374. 4 [5740] SH 50, 34 LSI 51. 155 Attachment 12H. For the purposes of collecting a tax debt from a judgment of rights in land debtor, a collection officer or tax collector may attach by registration in the land register, rights which the judgment debtor has in land deriving from registration of a caution note thereon in his favor; for these purposes, "caution note" — within its meaning in section 126 of the Land Law, 5729- 1969."
Amendment 11. In the Cheques Without Cover Law, 5741 -19815 - of Cheques Without (1) after section 11 the following shall be inserted: Cover Law "Imprinting 11 A. A bank shall not supply cheque forms unless the particulars of particulars of identification of the account holder are imprinted identification thereon as prescribed by the Minister in regulations (hereinafter — personal details).
Prohibition 11B. (a) A person shall not issue cheque forms unless all the of unauthorized following have been fulfilled: issue (1) he has obtained the approval of the bank where the account is managed upon which cheques are designated to be drawn in the aforesaid forms; (2) the personal details which the aforesaid bank approved for the issuer are imprinted on the cheque forms. (b) A bank shall not unreasonably refuse to grant such approval. (c) A bank which has given its approval to an issuer to issue cheque forms shall deliver to him the personal details prescribed by the Minister in regulations."; (2) the contents of section 16 shall be marked (a) and the following shall be inserted thereafter:
5 [5741] SH 136, 35 LSI 146. 156 "(b) A person contravening the provisions of section llB(a) shall be liable to imprisonment for three years."
12. (a) Section 9 shall come into force six months after the day of publication Commence• ment and of this Law, however, files in which proceedings for joinder of files transitional commenced prior to the commencement of the aforesaid section shall provisions continue to be treated as if section 9 had not been enacted. (b) Section 11• shall come into force ninety days after the day of publication of this Law.
YITZHAK SHAMIR DAN MERIDOR Prime Minister Minister of Justice
CHAIM HERZOG Dov SHILANSKY President of the State Speaker of the Knesset (49)
STATE ECONOMY ARRANGEMENTS (LEGISLATIVE AMENDMENTS) LAW, 5750-1990*
Chapter One: Objective of Law
Object i. The object of this Law is to amend, repeal or extend the validity of various Laws and to prescribe new provisions with the object of reducing the State's expenditure and increasing its revenues in such manner as to enable the attainment of the objectives of the budget for the 1990 financial year and the attainment of the objectives of the economic policy.
Chapter Two: Legislative Amendments
Amendment 2 In the Budgetary Principles Law, 5745-1985' — of Budgetary (1) in section 6 — Principles Law (a) subsection (a) shall be replaced by the following: (a) The Government may contract liabilities in any given financial year within the limits of the amounts specified as authorization to contract liabilities in schemes in the annual Budget Law for that year."; (b) in subsection (b), the words "In any scheme", shall be replaced by the words "Notwithstanding the contents of subsection (a), in any scheme in an ordinary budget", the words "in the financial year concerned" shall be replaced by the words "until the expiration of the financial year after the financial year concerned", and at its end the following words shall be inserted: "in budget items in the development budget, the amounts specified as aforesaid shall be
I * Passed by the Knesset on 3 Nissan, 5750 (29 March 1990) and publishedUn SH No. 1314 of 11 Nissan 5750 (6 April 1990), p. 129; the Bill and an Explanatory Note were published in HH No. 1972 of 3 Shevat, 5750 (29 January 1990), p. 80. 1 [5745] SH 60, 39 LSI 61; [5748] SH 58,42 LSI 53. 158 applied in fulfillment of earlier liabilities only, and no liabilities for the said amounts may be contracted in the financial year concerned"; (2) in section 13 — (a) the following shall be inserted after subsection (a): "(al) Where a surplus remains in an amount specified as an authorization to contract liabilities in any of the budget items fixed in or under the Annual Budget Law for a particular financial year, other than the "Knesset" budget item, the Minister of Finance may, by notice to the Committee, permit it to be used in the following financial year for the scheme within which it was included.";
(b) the following shall be inserted after subsection (b): "(bl) Where a surplus remains in an amount specified as an authorization to contract liabilities in the "Knesset" budget item fixed in the Annual Budget Law for a particular financial year, the Committee may, at the proposal of the Speaker.of the Knesset, permit it to be used in the following financial year for the scheme within which it was included.";
(3) in section 19, subsection (f) shall be deleted; (4) the following shall be inserted after section 46:
"Restriction 46A. (a) An assisted body, a company limited by guarantee on issue of debentures and a body corporate controlled by an assisted body shall not issue debentures save under a permit from the Minister of Finance. (b) A local authority and a body corporate controlled by a local authority shall not issue debentures save under a permit from the Minister of the Interior and the Minister of Finance.
Notice 46B. Notice shall be given to the Finance Committee of the Knesset once every three months — (1) from the Minister of Finance — as to permits granted under sections 46(a) or 46A(a); (2) from the Minister of the Interior — as to permits granted under sections 46(b) or 46A(b)."; (5) in section 47 — (a) the following shall be inserted after subsection (b): "(bl) A person issuing debentures contrary to the provisions of section 46A shall be liable to a fine double the amount of the issue."; (b) in subsections (c) and (d), at each place after the words "section 45" the words "or that they issued debentures contrary to the provisions of section 46A" shall be inserted.
Amendment 3. In the Charge on Imported Services and Foreign Assets (Temporary of the 2 in section 18(a), the words "the 5 Nissan, 5750 ־ ,Charge on Provision) Law, 57451984 Imported (31 March, 1990)" shall be replaced by the words "16 Nissan 5751 (31 Services Law March 1991)";
Amendment 4. In the Price Stability (Commodities and Services) (Temporary Provision) of the Price 3 Stability Law,5746-1985 —- (Commodities and (1) in section 2, the words "until the 5 Nissan, 5750 (31 March, 1990)" Services) shall be replaced by the words "until 16 Nissan 5751 (31 March 1991)"; Law (2) in section 7A, the following shall be inserted after subsection (b): "(bl) Should the controller find special grounds therefor, he may, with the approval of the directors general referred to in subsection (c), permit a price rise prior to the expiration of the thirty days stated in subsection (b)."
Amendment of the 5. In the Antiquities Authority Law, 5749-1989," in section 21 — Antiquities Authority (1) in subsection (b), the word "pensions" shall be deleted, and the end Law of the section, beginning with the words "variations laid down", shall be replaced by the words "the necessary variations laid down by the Authority with the approval of the Minister and the Minister of Finance";
2 [5745] SH2, 39 LSI 3; [5749] SH 98,43 LSI 36. 3 [5746] SH 2,40 LSI 3; [5749] SH 28,43 LSI 141. 4 [5749] SH 88, 43 LSI 117. 160 (2) after subsection (b) the following shall be inserted: "(c) Notwithstanding the contents of subsection (b), the provisions of section 105 of the State Service (Benefits) Law [Consolidated Version], 5730-1970,5 shall apply only in respect of State employees who will be transferred to serve as Authority employees under section 27(a); the benefits of the remaining Authority employees shall be insured in a benefit fund within its meaning in section 47 of the Income Tax Ordinance."6
6. A resolution adopted by the Finance Committee of the Knesset in the Restriction of political year 1990 increasing the financing unit under the Political Parties (Financing) party Law, 5733-1973, shall be of no effect. financing
Part Three: Payments of Authorities to the State
7. In the 1990 financial year the Broadcasting Authority shall pay the State Payment of Broadcasting Treasury the sum of 75 million New Shekels; the aforesaid amount shall be Authority paid in four continuous and equal quarterly payments commencing on 8 to State Sivan 5750 (1 June 1990) and shall be applied to reduce the State debts; each payment shall be paid with the addition of differentials of linkage to the consumer price index (hereinafter — the index) from the index published for October 1989 until the latest index published prior to the day of payment.
8. In the Postal Authority Law, 5746-1986,7 after section 44 the following Amendment of the shall be inserted: Postal Authority "Annual 44A. (a) Commencing in the 1990 financial year, the Authority Law fee shall pay an annual fee to the State (hereinafter — the annual fee). (b) In the 1990 financial year the annual fee shall be in the amount of 10 million New Shekels and it shall be paid in four equal and continuous quarterly payments commencing on 8 Sivan 5750 (1 June 1990).
5 [5730] SH 65, 24 LSI 57; [5749] SH 68,43 LSI 13. 6 6NH 120; 1 NV 145. 7 [5746] SH 79,40 LSI 78. 161 (c) Commencing in the 1991 financial year the annual fee shall be at a rate to be fixed by the Minister and the Minister of Finance, with the approval of the Finance Committee of the Knesset, out of the cost of the fixed property found in the use of the Authority or in the stage of establishment, adjusted to the date of the balance sheet preceding the commencement of the financial year, before deduction of depreciation expenses in the current year, or at another rate, all taking into consideration the calculated interest imputed in the balance sheet and taking into consideration the economic capacity of the Authority.
(d) Each annual payment shall be paid in four continuous and equal quarterly payments; each payment shall be paid with the addition of differentials of linkage to the index from the latest index published prior to the date of the balance sheet / to the latest index published prior to the day of payment."
Chapter Four: National Insurance
Amendment 9. In the State Economy (Emergency Arrangements) Law, 5746-1985,8 at of the State Economy the beginning of sections 24 and 26, the words "5 Nissan 5750 (31 March (Emergency 1990)" shall be replaced by the words "16 Nissan 5751 (31 March 1991)". Arrange• ments) Law
Amendment 10. In the National Insurance Law [Consolidated Version], 5728-19689 — of National Insurance (1) section 6 shall be replaced by the following: Law "Commence- 6. (a) Where a right to a pension or to an addition to a pension payment under this chapter is created between the fifteenth of a certain term month, the pension or addition shall be paid commencing on the first of that month; where the right arises after the fifteenth of a certain month, the pension or addition shall be paid commencing on the first of the following month.
8 [5746] SH 15,40 LSI 15; [5749] SH 28,43 LSI 28. 9 [5728] SH 108, 22 LSI 114; [5749] SH 31,43 LSI 28. 162 (b) Notwithstanding the contents of subsection (a), if the person entitled to a pension was also entitled to a benefit under the Assurance of Income Law, 5741 -1980,10 for the month in which the right to a pension arose, the pension shall be paid Commencing on the first of the month in which the said right arose, provided however that no survivors' pension shall be paid for a month for which there was paid an old age pension under Chapter Two or a disability pension under Chapter Six 2 to the insured person by virtue of whom the survivors' pension is paid."; (2) In section 114, subsection (a) shall be replaced by the following: "(a) Where entitlement to a childrens' pension is created up to the fifteenth of a certain month, the pension shall be paid commencing on the first of that month; where the entitlement is created after the fifteenth of a certain month, the pension shall be paid commencing on the first of the following month; payment of the pension shall be completed on the last day of the month in which the entitlement terminated"; (3) in section 127XIII (cl), the words "in accordance with the variations in the average wage from the day of the change in the average wage" shall be replaced by the words "at the rate of compensation from the first of the month in which the compensation became due."; (4) in section 164(b)( 1), after the words "under the Ordinance" the words "after subtraction of amounts of contributions and parallel tax deductible -under section 47A of the aforesaid Ordinance from the said income" shall be inserted;
I 10 [5741] SH 30, 35 LSI 28; [5747] SH 136,41 LSI 139. I 163 (5) Table X shall be replaced by the following: "Table X Rates of Contributions (sections 159, 160J and 215) Item Branch of insurance Percentages of Deduction from income or employee's wage wage for the purpose of section 161(c) in percentages
1 Old-Age and Survivors 3.93 2.70 2 Maternity — employee and self-employed person 0.67 0.60 3 Mothers — insured person who is neither employee or self-employed 0.2 0 4 Children 1.49 0 5 Accident injuries 0.05 0.05 6 Employment injuries 0.41 0 7 1 8 Unemployment 0.22 0.15 9 Invalidity 1.49 1.30 10 Employees' rights in bankruptcy and winding-up of body corporate 0.04 0 11 Reserve service 1.31 0.45 12 Nursing 0.14 0.1"
Amendment \\ _ Tn tne Stability of the Economy (Miscellaneous Provisions) Law, 5747- ofthebil'ty 1987," the Schedule shall be replaced by the following: Economy Law
11 [5747] SH 104,41 LSI 115. 164 "Schedule (section 3) Payments from the State Treasury according to branches of insurance Item Branch of insurance Percentages of collection for branch of insurance 1 Old-Age and Survivors 37.9 2 Maternity — employee and self-employed person 26.9 3 Mothers — insured person who is neither employee or self-employed 25 4 Children 66.4 5 Accident victims 100 6 Employment Injuries 70.7
7/ 8 Unemployment 36.4 9 Invalidity 30.9 10 Employees' rights in bankruptcy and winding-up of body corporate 25 11 Reserve service 52.7 12 Nursing 42.9"
12. Section 10(4) shall have effect from 4 Tevet 5750 (1 January 1990); Commence- the remaining provisions of this Chapter shall come into effect on 6 Nissan, ment 5750 (1 April 1990).
Chapter Five: Amendments to Education Legislation
13. In the Special Education Law, 5748-198812 — Amendment of the Special (1) in section 7, the following shall be inserted at its end: Education Law "(e) The Minister, with the consent of the Minister of Finance, shall determine the budget, for each academic year, for expansion'of the
12 [5748] SH 114,42 LSI 117; [5749] SH 29,43 LSI 28. 165 number of children eligible for special education; the Minister shall determine for each placement committee the number of eligible children which it may approve each academic year, according to rules assuring that the total cost of special education for all of the new children eligible shall not exceed the budget determined as aforesaid for that year."; (2) in section 24 — (a) in subsection (a), "5751" shall be replaced by "5752" and "5758" shall be replaced by "5759"; (b) in subsection (b), "5751" shall be replaced by "5752"; (c) in subsection (c), the words "the 5750 academic year" shall be replaced by the words "in the 5750 and 5751 academic years".
Amendment 14. In the Compulsory Education (Amendment No. 16) Law, 5744-1984,13 of the Compulsory in section 2, "5751" shall be replaced by "5753" and "5757" shall be replaced Education by "5759". Law
Chapter Six: Taxes
Amendment 15. In the Income Tax Ordinance — of the Income Tax (1) in section 3, the contents of subsection (d) shall be marked (1) and Ordinance the following shall be inserted thereafter: "(2) The Minister of Finance, with the approval of the Finance Committee of the Knesset, may prescribe rules regarding the grant of tax exemptions on account of amounts transferred from one benefit fund to another benefit fund, or on account of amounts whose designation was altered in the same fund.";
(2) in section 9(20), subparagraphs (a), (b) and (c) and the marking "(d)" shall be deleted; (3) in section 10, subsection (c) shall be marked (d) and the following shall be inserted before it:
13 [5744] SH 160, 38 LSI 218. 166 "(c) A person whose total income to which he is entitled from his employer paying him income as stated in subsection (b), is in excess of 36,000 New Shekels (hereinafter — the ceiling amount), shall not be entitled to a benefit under this section on account of the part of the income exceeding the ceiling amount, and for this purpose his income to which subsection (b) applies shall be deemed to be his highest income on the scale of his income; the ceiling amount shall be adjusted as if it were an income ceiling as defined in section 120A."; (4) in section 33 — (a) in the marginal note, after "deductions" the word "credits" shall be inserted; (b) at its end the following shall be inserted: "(d) An assessee under a duty to keep account books in a certain tax year who did not keep acceptable books will not be allowed any tax credit under section 121A in that tax year."; (5) section 44 shall be replaced by the following:
"Credit for 44. In calculating the chargeable income of an individual
sraej wno jn a certain tax year for the־ expenses of resjjent 0f maintaining r J a relative at maintenance at a special institution of a completely paralyzed, an . . bedridden, blind or mentally unsound child, wife or parent, or for the maintenance of a retarded child at a special institution, he shall be allowed a tax credit of 35% of the part of the amounts paid by him which exceeds 12.5% of his chargeable income."; (6) section 45B is hereby repealed; (7) section 47A shall be replaced by the following:
"Deduction 47A. (a) An individual who in a tax year paid contributions National under the National Insurance Law [Consolidated Version], Insurance 5728 —1968 (hereinafter — the Insurance Law) and parallel — hereinafter) ־ tax under the Parallel Tax Law, 5733197314 , ״ fd Parallel Tax parallel tax), in' respect of income other than work income, payments shall be allowed a deduction of 64% of the amount he paid,
14 [5733] SH 88, 27 LSI 83. excluding an increase under section 179(a) of the Insurance Law, provided that the deduction shall not exceed his chargeable income prior to the deduction. (b) The provisions of subsection (a) regarding deduction of parallel tax shall also apply in respect of an individual whose employer is not liable to pay parallel tax for him and he is liable to pay it in respect of his own work income. (c) An individual whose employer is not liable to pay parallel tax for him and is also not himself liable to pay parallel tax, as well as any other individual exempt from payment of parallel tax, shall be allowed a deduction of 64% of the amounts he paid for medical insurance which is not dental insurance, to a body prescribed by the Minister of Finance after consultation with the Minister of Health, up to the amount of parallel tax which would have applied to him had he been liable to pay it."; (8) section 47B is hereby repealed; (9) in section 66 (a), paragraph (3) shall be replaced by the following: "(3) only the husband shall be entitled to pension points under section 40(a); the wife shall be entitled to the number of credit points equal to half the number of her children, and where the number of her children is odd, the result shall be rounded-up to a full point."; (10) in section 120A, in the definition of "income ceilings", the following shall be inserted at the end thereof: "and for the purpose of credit rates under section 121 A"; (11) the following shall be inserted after section 121:
'Tax credit 121 A. (a) In calculating tax on income of an individual individual res'dent of Israel, tax credit shall be given at the rate as follows from his chargeable income: (1) if his chargeable income is not in excess of 18,120 New Shekels—-4.3%; (2) if his chargeable income is from 18,121 New Shekels to 29,880 New Shekels — 3.4%; (3) if his chargeable income is from 29,881 New Shekels to 42,480 New Shekels — 2.5%; (4) if his chargeable income is from 42,481 New Shekels to 88,800 New Shekels — 1.7%; for these purposes, "chargeable income" excludes chargeable income in respect of which a special tax rate has been prescribed or in respect of which a tax exemption has been granted. (b) Notwithstanding the provisions of subsection (a), if the alternative credit amount is greater than the amount of the credit under subsection (a), the assessee shall be credited with the alternative credit amount; for these purposes — "the alternative credit amount" — the credit applying to a person whose income is as high as the low income ceiling closest to the chargeable income of the assessee, less the amount of the difference between his chargeable income and the aforesaid ceiling, after the tax applying to the aforesaid amount of difference has been deducted; "income ceiling" — each of the amounts fixed in paragraphs (1) to (4) of subsection (a). (c) The provisions of subsection (b) shall not apply in respect of an individual who is not entitled to a tax credit under subsection (a). (d) The Minister of Finance may prescribe in regulations adjustments to-be made in respect of calculating of credits under this section, and he may alter thé mode of determining the alternative credit amount."; (12) in section 179, the words "or change the dates of their payment" shall be replaced by the words "to change the dates of their payment or prescribe that the advance payments shall be paid once every two months or once any other period that he shall prescribe"; (13) in section 245, the following shall be inserted at its end: "(c) (1) The Minister of Finance, with the approval of the Finance Committee of the Knesset, may prescribe for each tax year a ceiling for tax benefits to be given under sections 20 or 20A in the tax year, and he may prescribe separate ceilings for classes of benefits; a ceiling for the purpose of benefits in respect of oil explorations shall be prescribed after consultation with the Minister of Energy and Infrastructure. (2) No regulations shall be made and no approval under sections 20 or 20A shall be given in a particular tax year if they are likely to increase the total amount of tax benefits granted in that year by virtue of the aforesaid sections, beyond a ceiling amount prescribed by the Minister of Finance for that tax year."
Amendment 16. In section 8 of the Income Tax Ordinance (Amendment No. 81) Law, of the 15 Income Tax 5750-1990 — Ordinance (Amendment (1) in subsection (a), "1, 3 and 5" shallbereplacedby "1 and 3"; No. 81) Law (2) in subsection (b), the words "section 6 shall apply" shall be replaced by the words "sections 5 and 6 shall apply".
Amendment 17. In the State Economy Regulation (Statutory Amendments) Law, 5749- of the 16 Regulation 1989, in the First Schedule, in the heading, after the word "jeeps", the Law for words "rental vehicles" shall be inserted, and Note 1 is hereby repealed. 5749 Commence• 18. (a) Paragraphs (2), (3) and (5) to (11) of section 15 shall come into ment and application effect on 8 Tammuz 5750 (1 July 1990) (hereinafter — the commencement day). (b) Paragraphs (4) to (7) of section 15 shall apply beginning with the 1990 tax year. (c) Paragraph (12) of section 15 shall come into effect on 6 Nissan 5750(1 April 1990). (d) Paragraph (13) of section 15 shall apply in respect of tax benefits to be given and in respect of regulations to be made from the 1990 tax year and henceforth. 1
J5 [5750] SH 52; infra 55. 16 [5749] SH 28,43 LSI 28. 170 (e) Section 16 shall have effect on 4 Tevet 5750 (1 January 1990). (f) Section. 17 shall have effect on 27 Iyar 5749 (1 June 1989).
19. (a) The Income Tax Commissioner shall prescribe by rules- the Authorization adjustments to be made in the 1990 tax year in sections 9(20), 10,44,45B, 47 A, 47B, 66(a)(3) and 121A of the Ordinance, for the purpose of calculating tax benefits under them, and he may prescribe, inter alia, that the tax benefits shall apply in respect of a proportionate part of the income received and the expenditure expended in the entire tax year, and vary the amounts and the rates prescribed in the aforesaid sections. (b) For the purpose of adjusting the amounts prescribed in sections 10 and 120A of the Ordinance in the 1990 tax year and on 1 January 1991 the amounts prescribed in section 120A shall be deemed to be income ceilings updated on 1 March 1990 and the amount prescribed in section 10 shall be deemed to have been the amount obtaining on 1 January 1990.
YITZHAK SHAMIR YITZHAK SHAMIR Prime Minister Minister of Finance
CHAIM HERZOG Dov SHILANSKY President of the State Speaker of the Knesset
171 (No. 50)
INCOME TAX ORDINANCE (AMENDMENT NO. 82) LAW, 5750-1990*
Amendment 1. In the Income Tax Ordinance1 (hereinafter — the Ordinance), in section of section 3 3(j), "45%" shall be replaced by "40%".
Amendment 2. In section 91(a) of the Ordinance, "45%" shall be replaced by "40%". of section 91
Amendment 3. In section 126(b) of the Ordinance, the following shall be added at its of section 126 end: "and income in respect of which a special rate of tax has been prescribed shall not be included".
Repeal of sections 4. Sections 127, 128 and 129A of the Ordinance are hereby repealed. 127,128 and 129 A
Amendment 5. In the Land Appreciation Tax Law, 5723-19632 (hereinafter — the of Land Appreciation Appreciation Tax Law), in section 48A(a), "45%" shall be replaced by Tax Law "40%".
Amendment 6. In the Joint Investments Trust Law, 5721 -19613 (hereinafter — the Joint of the Joint Investments Investments Law), in sections 36 and 41, "10%" shall be replaced by "5%". Trust Law Amendment 7. In the Encouragement of Capital Investments Law, 5719-1959,4 in section of the 47(b), paragraph (2) shall be replaced by the following: Encourage• ment of Capital "(2) (a) Where a person has received a dividend paid from income as Investments stated in subsection (a)(3) or (4) or in subsection (al) or in section 51(b), Law
* Passed by the Knesset on 3 Nissan 5750 (29 March 1990) and published in SH No. 1314 of 11 Nissan 5750 (6 April 1990), p. 137; the Bill and an Explanatory Note were pub• lished in HH No. 1946 of 1 Av 5749 (2 August 1989), p. 138. 1 6 NH 120,1 NV 127; [5750] SH 52; supra 55. 2 [5723] SH 156,17 LSI 193; [5747] SH 106,41 LSI 115. 3 [5721] SH 84,15 LSI 79; [5747] SH 159,41 LSI 165. 4 [5719] SH 234, 13 LSI 258; [5748] SH 2,42 LSI 202. 172 he shall be liable for income tax thereon at the rate of 15%; such is also the case in respect of a dividend paid by a company from such a dividend. (b) A company which has received a dividend as stated in subparagraph (a) , and distributes it as a dividend, shall be entitled to deduct from its income chargeable with income tax according to subparagraph (a) (hereinafter — preferential income) the dividend which it distributed in that year; if the company had no preferential income in that year or the preferential income was less than the amount of dividend it distributed, it shall be allowed to deduct the dividend which it distributed or the balance, as the case may be, against the preferential income it had in the preceding tax years, in turn, commencing in the tax year preceding that year, and the assessments for the previous years shall be deemed to be amended accordingly, provided that the tax reimbursement on account of the said amendment to the assessment shall be made with the addition of linkage differentials and interest from the end of the tax year in which the dividend was distributed until the day of reimbursement."
8. Sections 1 to 7 shall apply beginning with the 1992 tax year. Application
9. (a) In the period from 1 July 1990 to the end of the 1991 tax year Transitional (hereinafter — the interim period), section 3(j) of the Ordinance shall be Provislons read as if it stated the following, instead of "45%" — (1) in the period from 1 July 1990 to the end of 1990 tax year (hereinafter — the half of the 1990 tax year) — "42%"; (2) in the 1991 tax year — "41%". (b) In respect of the interim period, section 91(a) of the Ordinance shall be read as if it stated, instead of "45% - (1) in the half of the 1990 tax year — "42%"; (2) in the 1991 tax year — "41%". (c) In respect of the interim period, section 127(a) of the Ordinance shall be read as if it stated, instead of "8 1/3%" — (1) in the half of the 1990 tax year — "3 1/3%"; (2) in the 1991 tax year — "1 2/3%". (d) In respect of the interim period, section 127(d) of the Ordinance shall be read as if instead of "8 1/3% of the amount" it stated "amount" and after the words "in the aforesaid sections" it stated "multiplied by the rate of tax prescribed in subsection (a)". (e) In respect of the interim period, section 128(b) of the Ordinance shall be read as if the words "81/3% thereof were replaced by the words "prescribed in section 127(a) for that tax year". (f) In respect of the interim period, section 48A(a) of the Appreciation Tax Law shall be read as if it stated, instead of "45%" — (1) in the half of the 1990 tax year — "42%"; (2) in the 1991 tax year — "41 %", (g) In respect of the interim period, sections 36 and 41 of the Joint Investments Law shall be read as if they stated, instead of "10%" — (1) in the half of the 1990 tax year — "7%"; (2) in the 1991 tax year — "6%".
10. The Income Tax Commissioner shall prescribe in rules the manner in which the chargeable income of companies in the 1990 tax year is to be related to the period preceding 1 July 1990 and to the period thereafter and the adjustments to be made in order to determine their income.
YITZHAK SHAMIR YITZHAK SHAMIR Prime Minister Minister of Finance
CHAIM HERZOG Dov SHILANSKY President of the State Speaker of the Knesset
\1A (No. 51) TELECOMMUNICATIONS (AMENDMENT NO. 7) LAW, 5750-1990*
1. In section 5(a) of the Telecommunications Law, 5742-1982' (hereinafter Amendment of section 5 — the principal Law), the following shall be inserted at its end: "the provisions of this subsection shall also apply, mutatis mutandis, in regard to the effecting of broadcasts by a licensee, as these are defined in section 6A".
2. In section 15 of the principal Law — Amendment (1) subsection (a) shall be replaced by the following: of section 15 "(a) The Minister may, with the consent of the Minister of Finance and the approval of the Finance Committee of the Knesset, prescribe in regulations — (1) payments for the services enumerated in the Schedule which are provided by a licensee; (2) modes of calculating payments for services enumerated in the Schedule provided as aforesaid, the components of each such service and the relationships between them; these regulations shall also apply, mutatis mutandis, in respect of the manner of prescribing payments under subsection (c)"; (2) in subsection (d), after the words "as to" shall be inserted the words "the manner of and the end clause beginning with the words "to the representative rate" shall be replaced by the words: "to the index aforesaid, to the representative rate of foreign currency, to a basket of currencies or to a combination of some or all of the above, provided that they have an effect on the cost of international telecommunication services; linkage for the purpose of this subsection shall be carried out with a deduction at a rate which shall be prescribed by regulations to ,increase efficiency".
Passed by the Knesset on 19 Iyar 5750 (14 May 1990) and published in SH No. 1315 of 28 Iyar 5750 (23 May 1990), p. 142; the Bill and an Explanatory Note were published in HH No. 1990 of 12 Iyar 5750 (7 May 1990), p. 187. [5742] SH 218,36 LSI 229; [5743] SH 4,37 LSI 4; [5744] SH 167,38 LSI 231; [5746] SH 100 and 224,40 LSI 78 and 234; [5748] SH 174,42 LSI 205; [5749] SH 104,43 LSI 143. 175 Temporary 3. Where the Minister has made regulations by virtue of his authority under provision section 15(a)(2) of the principal Law, he shall not vary them until 17 Tevet 5754 (31 December 1993).
YITZHAK SHAMIR YITZHAK SHAMIR Prime Minister Minister of Communications
CHAIM HERZOG Dov SHILANSKY President of the State Speaker of the Knesset
(No. 52) LOAN (INSURANCE COMPANIES) (AMENDMENT NO. 7) LAW, 5750-1990*
Amendment 1. In section 2 of the Loan (Insurance Companies) Law, 5723-1962,' the of section 2 end clause of the section commencing with the words "prior to the 6 Nissan 5750" shall be replaced by the words "prior to 1 Nissan 5755 (1 April 1995); the Minister of Finance may, with the approval of the Finance Committee of the Knesset, vary the aforesaid time by order".
Validation 2. A loan received by the Government in the name of the State from insurance companies engaged in Israel in linked life insurance, in the estimated balance amount of the insurance funds deriving from life insurance contracts which were concluded and entered into force after 5 Nissan 5750 (31 March 1990) and prior to the commencement of this Law, shall be deemed a loan received under the provisions of this Law.
YITZHAK SHAMIR YITZHAK SHAMIR Prime Minister Minister of Finance
CHAIM HERZOG Dov SHILANSKY President of the State Speaker of the Knesset
* Passed by the Knesset on 26 Iyar 5750 (21 May 1990) and published in SH No. 1316of 5 Sivan 5750 (29 May 1990), p. 144; the Bill and an Explanatory Note were published in HH No. 1989 of 12 Iyar 5750 (7 May 1990), p. 185. 1 [5723] SH10,17 LSI 14; [5724] 6,18 LSI 6; [5729] SH 222,23 LSI 241; [5736] SH 28, 30 LSI 24; [5738] SH 89, 32 LSI 114; [5740] SH 166, 34 LSI 186; [5746] SH 132,40 LSI. 141. (No. 53)
COUNCIL FOR HIGHER EDUCATION (AMENDMENT NO. 8) LAW, 5750-1990*
1. In section 4A of the Council for Higher Education Law, 5718-1958,1 the Amendment of section following shall be inserted at its end: "and one member shall be the Chairman 4A of the National Union of Israel Students".
YITZHAK SHAMIR YITZHAK SHAMIR Prime Minister Minister of Education and Culture CHAIM HERZOG Dov SHILANSKY President of the State Speaker of the Knesset
Passed by the Knesset on 26 Iyar 5750 (21 May 1990) and published in SH No. 1316 of 5 Sivan 5750 (29 May 1990), p. 144; the Bill and an Explanatory Note were published in HH No. 1979 of 2 Adar 5750 (27 February 1990), p. 132. [5718] SH 191,12 LSI 217; [5739] SH 24,33 LSI 28. 177 (No. 54)
NAMES (AMENDMENT NO. 2) LAW, 5750-1990*
Amendment i. in section 3 of the Names Law, 5717-1956,' the following shall be inserted
j: ,,^ wnere me paj-gn^ have agreed, he shall receive the surnames)״o section at e of them both".
YITZHAK SHAMIR ARIEH DERI Prime Minister Minister of the Interior CHAIM HERZOG Dov SHILANSKY President of the State Speaker of the Knesset
Passed by the Knesset on 28 Iyar 5750 (23 May 1990) and published in SH No. 1317 of 8 Si van 5750 (1 June 1989), p. 146; the Bill and an Explanatory Note were published in HH No. 1982 of 22 Adar 5750 (19 March 1990), p. 148. [5716] SH 94, 10 LSI 95; [5735] SH 148, 29 LSI 185. 178 (No. 55)
STATE SERVICE (RESTRICTION ON PARTY- POLITICAL ACTIVITY AND FUND-RAISING) (AMENDMENT NO. 2) LAW, 5750-1990*
1. After section 3 of the State Service (Restriction on Party-Political Activity Addition of sections 3A and Fund-Raising) Law, 5719-1959' (hereinafter — the principal Law), the and3B following shall be inserted: "Participation 3A. (a) In this section, a "selecting body" — a body whose in selecting body function or one of whose functions is to select candidates to the Knesset or to the office of Prime Minister or Government Minister, or to any position in a local authority, in the World Zionist Organization or in the Jewish Agency for Palestine, excluding direct elections in which all the members of a political party or political body participate. (b) A State employee holding one of the four highest grades in any scale shall not be a member of a selecting body. (c) A State employee or a paid office-holder of a government company who are members of a selecting body shall not take part in elections, conducted in that selecting body, in which candidates are selected for positions as stated in subsection (a). (d) Where a person, while a member of a selecting body, is appointed to be a State employee, his office as member of the selecting body shall terminate upon his appointment.
Party- 3B. A State employee shall not engage in party-political political activity on activity within the bounds of public property as stated in public section 2 of the Elections (Modes of Propaganda) Law, 5719- property
* Passed by the Knesset on 4 Si van 5750 (28 May 1990) and published in SH No. 1317 of 8 Sivan 5750 (1 June 1990), p. 146; the Bill and an Explanatory Note were published in HH No. 1984 of 1 Nissan 5750 (27 March 1990), p. 152. 1 [5719] SH 190,13 LSI 203; [5721] SH 60,15 LSI 55. 179 1959;2 this provision shall not apply to the administrative activity of an office manager, secretary, adviser, aide or spokesman of a Minister or Deputy Minister, all when performed as assistance to the Minister or Deputy Minister".
Amendment 2. In the notice on a State institution under the principal Law,3 the words on State6 ""Bezeq" the Israel Telecommunications Company Ltd." shall be deleted, institution
Commence- 3 This Law shall come into effect 60 days from the day of its publication: ment
YITZHAK SHAMIR Prime Minister
CHAIM HERZOG Dov SHILANSKY President of the State Speaker of the Knesset
2 [5719] SH 138; [5721] 166; 13 LSI 146, 15 LSI 178. 3 [5744] YH 2874. 180 (No. 56)
INCOME TAX (TAX EXEMPTION ON INCOME FROM LETTING OF RESIDENTIAL DWELLING) (TEMPORARY PROVISION) LAW, 5750-1990*
1. In this Law — Definitions
(1) each term shall have the meaning it has in the Income Tax Ordinance1 (hereinafter — the Ordinance); (2) "residential dwelling" — a dwelling or part of a dwelling used for residential purposes, except a dwelling which is or should be registered in the account books which are required to be kept in respect of the income of the lessor, from a business; (3) "rent" — rent from the letting of one or more residential dwellings to a lessee who is an individual.
2. An individual who in the tax year had income from rent shall be exempt Exemption from tax on this income, provided that he did not have income from rent in excess of a total sum of 2,600 New Shekels on account of any month's letting in the tax year; for the purposes of this section, income from rent of an individual's spouse residing with him, or of his child up to the age of eighteen, shall also be deemed to be income of the individual.
3. The exemption under section 2 shall only apply if the lessor holds a Condition for document signed by the lessee cohfinriing that the dwelling serves him solely exemption for residential purposes.
4. The amount fixed in section 2 shall be adjusted at the beginning of each Adjustment quarter, and for the first time on 5 Tammuz 5750 (1 July 1990), according to the rise in the index in the previous quarter, and shall be rounded-off to the nearest amount that is a multiple of 10 New Shekels.
Passed by the Knesset on 11 Sivan 5750 (4 June 1990) and published in SH No. 1318 of 20 Sivan 5750 (13th June 1990), p. 148; the Bill.and an Explanatory Note were pub• lished in HH No. 1986 of 30 Nissan 5750 (25 April 1990), p. 174. 6 NH 120; [5750] SH 137; 1 NV 145, supra 172. 181 Limitation 5. The Income Tax (Rate of Depreciation on a Dwelling Let for Residential on 2 application Purposes) Regulations, 5749-1989, shall not apply to a person who has received a benefit under this Law.
Implemen• 6. The Minister of Finance is charged with the implementation of this Law. tation Commence• 7. The provisions of this Law shall apply in respect of income• from rent, ment and application received after the adoption of this Law by the Knesset, on account of the period commencing on 8 Tammuz 5750 (1 July 1990) and terminating on 24 Tevet 5752 (31 December 1991).
YITZHAK SHAMIR YITZHAK SHAMIR Prime Minister Minister of Finance
CHAIM HERZOG Dov SHILANSKY President of the State Speaker of the Knesset
2 [5749] KT 1389. 182 (No. 57)
LABOR COURTS (AMENDMENT NO. 18) LAW, 5750-1990*
1. The contents of section 5 of the Labor Courts La.w, 5729-1969' Amendment of section 5 (hereinafter — the principal Law) shall be marked (a) and the following shall be inserted thereafter: "(b) Where the position of the President of the National Court has been vacated and as long as the new President has not commenced to serve, or if the President is abroad or is temporarily unable to fulfill his function, the Deputy President shall fulfill the functions with which the President is charged and shall exercise the powers vested in him under any enactment."
2. In section 6 of the principal Law, the following shall be inserted at its Amendment of section end: "and in a Regional Court having more than two Judges, the President 6 of the National Court may appoint, in the same manner, a Deputy Chief Judge".
3. In section 19 of the principal Law, after the words "by the Chief Judge" Amendment of section the words "or his Deputy" shall be inserted. 19
4. In section 24(a) of the principal Law — Amendment of section (1) paragraph (1A) shall be remarked "(IB)" and before it the following 24 shall be inserted:
Passed by the Knesset on 12 Si van 5750 (5 June 1990) and published in SH No. 1319of 21 Sivan 5750 (14 June 1990), p. 150; the Bill and an Explanatory Note were published in HH No. 1902 of 11 Av 5748 (25 July 1988), p. 284. [5729] SH 70,23 LSI 76; [5731] SH 176,25 LSI 167; [5732] SH 73,26 LSI 83; [5733] SH 78, 89 and 237, 27 LSI 72, 85 and 239; [5735] SH 59,29 LSI 71; [5736] SH 190,30 LSI 186; [5740] SH 135, 34 LSI 152; [5741] SH 319, 35 LSI 350; [5744] SH 83 and 154,38 LSI 107 and 206 ; [5745] SH 140 and 208,39 LSI 148 and 235; [5746] SH 217, 40 LSI 224; [5747] SH 70,41 LSI 72; [5748] SH 42,42 LSI 31; [5749] SH 49,43 LSI 63. 183 "(1A) an action arising out of negotiations towards the making of a contract for the creation of an employer-employee relationship, an action arising out of such a contract prior to the creation of an employer-employee relationship or after such a relationship has terminated, or an action arising out of the acceptance or non- acceptance of a person to a job;" (2) in paragraph (2), the clause beginning with the words "either within the meaning" and ending with the year number "5717-1957" shall be replaced by the words "or any other collective arrangement" and the words "out of the agreement" shall be replaced by the words "out of them".
sect on c^ect^on111 ^' * 25( 1) of the principal Law, the clause beginning with the words 25 "either within the meaning" and ending with the year number "5717-1957" shall be replaced by the words "or any other collective arrangement" and the words "out of the agreement" shall be replaced by the words "out of them".
Amendment 6. In section 26(a) of the principal Law, the words "in the decision itself of section or>, sj]a]j j,e de!eted and after the words "or his Deputy" the words "or a Judge of the National Court appointed for this purpose by the President" shall be inserted.
Amendment 7. !n section 28 of the principal Law, the following shall be inserted at its 28 end: "and the Court shall also have exclusive jurisdiction to hear an action arising out of a ruling in such an arbitration."
Replacement 8. Section 31 of the principal Law shall be replaced by the following:
31 "Summary 31. (a) In an action as stated in section 24(a) (1) or (3) for hearing payment of an amount not exceeding the amount prescribed by the Minister of Labor and Social Affairs and the Minister of Justice, the Regional Court shall hear the matter by way of summary hearing pursuant to the provisions of this section; the aforesaid amount shall be prescribed by the Ministers in consultation with the President of the National Court, with the organization of employees representing the largest number of employees in the State and with national employers' organizations which, in the opinion of the Ministers, are 184 representative and concerned with the matter, and with the approval of the Labor and Social Affairs Committee of the Knesset. (b) In a summary hearing, the Court shall not be subject to rules of procedure and shall act in a manner which it considers to be most effective for a just and speedy decision. (c) In an summary hearing the Regional Court shall have authority to make a judicial ruling or, with the consent of the parties, a compromise. (d) The judgment of the Regional Court in a summary hearing is not appealable, unless the President of the National Court or his Deputy, or a Judge of the National Court appointed for this purpose by the President, have granted leave therefor. (e) The Regional Court may, either at its own initiative or at the application of a party, discontinue the summary hearing without making a ruling therein, if, in its opinion, the subject-matter of the hearing, the questions at issue or the volume of the evidence required to examine the matter do not permit a summary hearing, or that it is equitable to discontinue the summary hearing without making a ruling thereon. Where a summary hearing has been discontinued, as aforesaid, the Regional Court shall continue with the action in the regular manner. (f) The Regional Court may, with the consent of the parties, transfer the hearing of an action as stated in subsection (a) to an arbitrator who has consented to hear the matter without receiving a fee; a Judge or Chief Judge of a Regional Court or his Deputy, or a registrar, as the case may be, may do so even prior to the commencement of the hearing before the Regional Court; the provisions of the Arbitration Law, 5728-1968,2 excluding sections 23 to 29 and 31 to 35, shall apply to an arbitration under this section, as far as they bear on the matter, however —
2 [5728] SH 184, 22 LSI 210. 185 (1) wherever the word "Court" appears read "Regional Labor Court"; (2) an arbitration award under this subsection shall be treated, except for appeal, as a judgment of a Regional Labor Court. (g) The Minister of Justice, with the consent of the Minister of Labor and Social Affairs and the President of the National Court, may appoint, for a period and under the terms that he shall prescribe, a retired judge of the Labor Court to fulfill the function of Judge of the Regional Labor Court in a summary hearing; when trying a case, the powers of a Judge appointed as aforesaid shall be like the powers of a Judge of the Labor Court. (h) For the purposes of this section, "Regional Labor Court" includes a registrar of the Court in a matter within the scope of his authority."
Amendment 9. In section 30 of the Annual Leave Law, 5711-19513 — of the Annual (1) in subsection (a), after the word "Court" the words "or the Labor Leave Law Court" shall be inserted; (2) in subsection (b), after the word "Court" the words "or the Labor Court" shall be inserted. (3) in subsection (c), after the word "Court" the words "or the Labor Court" shall be inserted.
Amendment 10. In the National Insurance Law [Consolidated Version], 5728-19684 — of the National (1) in section 64A, after the words "or his Deputy" the words "or a Judge Insurance , Law of the National Court appointed for this purpose by the President" shall be inserted;
3 [5711] SH 108, 5 LSI 155. 4 [5728] SH 108, 22 LSI 114. 186 (2) in section 127 JJ after the words "or his Deputy" the words "or a Judge of the National Court appointed for this purpose by the President" shall be inserted; (3) in section 200A, after the words "or his deputy" the words "or a Judge of the National Court appointed for this purpose by the President" shall be inserted.
11. In section 26(b) of the Invalids (Pensions and Rehabilitation) Law, 5719- Amendment 5 of the 1959 [Consolidated Version], the words "District Court Judge or Invalids Magistrates' Court Judge" shall be replaced by the words "District Court (Pensions Judge, Magistrates' Court Judge or Labor Court Judge". and Rehabili• tation) Law
YITZHAK SHAMIR DAN MERIDOR YITZHAK SHAMIR Prime Minister Minister of Justice Minister of Labor and Social Affairs
CHAIM HERZOG Dov SHILANSKY President of the State Speaker of the Knesset
5 [5719] SH 234,13 LSI 276. 187 (No. 58)
SECURITIES (TEMPORARY PROVISION) (AMENDMENT) LAW, 5750-1990*
Amendment i jn section ! 0f the Securities (Temporary Provision) Law, 5750-1989'— of section 1 (1) in subsection (a), the words "7 Sivan 5750 (31 May 1990)" shall be replaced by the words "9 Av 5750 (31 July 1990)"; (2) in subsection (b), the following shall be inserted at its end: "such a variation shall be published in the manner in which the stock exchange rules and a variation in the stock exchange rules are published, as stated in section 49 of the Securities Law, 5728-1968".2
Commence- 2. This Law shall have effect from 7 Sivan 5750 (31 May 1990). ment
YITZHAK SHAMIR YITZHAK SHAMIR Prime Minister Minister of Finance
CHAIM HERZOO Dov SHILANSKY President of the State Speaker of the Knesset
* Passed by the Knesset on 12 Si van 5750 (6 June 1990) and published in SH No. 1319 of 21 Sivan 5750 (14 June 1990), p. 152; the Bill and an Explanatory Note were published in HH No. 1994 of 28 Iyar 5750 (23 May 1990), p. 198. 1 [5750] SH 14, supra 15. 2 [5728] SH 234, 22 LSI 266. (No. 59)
COLLECTION OF DEBTS (IMPLEMENTATION OF ORDERS OF IMPRISONMENT) (TEMPORARY PROVISION) LAW, 5750-1990*
1. (a) An order ordering the imprisonment of a judgment debtor, issued Period of implemen• under the Execution Law, 5727-1967' (hereinafter — the Law), shall be tation of implemented under this Law by the Israel Police within_30 days from the order of day of delivery of the order into its possession. imprisonment (b) Notwithstanding the contents of subsection (a), an order issued within six months of the day of commencement of this Law shall be implemented within 90 days from the day of its delivery, and if issued after six months and before the expiration of one year from the day of commencement of this Law, it shall be implemented within 45 days from the day of its delivery. (c) Where a judgment debtor who has not been traced, despite the fact that real efforts have been made to find him, or an order of imprisonment may not be implemented against him on statutory grounds or on account of his being outside the borders of ,the State or because imprisonment is likely to harm his health or due to other restrictions, the periods as stated in subsections (a) and (b) shall commence on the day when he may be traced or on the day on which the order may be implemented, as the case may be. (d) Particulars of the circumstances as stated in subsection (c) on account of which the order of imprisonment was not implemented at the time as stated in subsections (a) and (b), shall be recorded in full at the police station; the record shall be available for inspection by the persons concerned.
2. The Inspector General of the Israel Police shall establish in the Israel Special Police, from within its ranks or by recruitment of additional policemen, a unit special police unit which shall be charged with the implementation of orders of imprisonment under this Law (hereinafter — the special unit); and he
Passed by the Knesset on 19 Sivan 5750 (12 June 1990) and published in SH No. 1320 of 28 Sivan 5750 (21 June 1990), p. 154; the Bill and an Explanatory Note were pub• lished in HH No. 1978 of 1 Adar 5750 (26 February 1990), p. 129. [5727] SH 116,21 LSI 112; [5749] SH 50,43 LSI 67. 189 may, to this end, employ policemen as necessary, even in excess of the establishment, with funds from the special fund.
Special fee 3. (a) The handling fee for implementation of an order of imprisonment under this Law, in the amount of fifty New Shekels (hereinafter—the special fee), shall be payable by the judgment debtor and shall be added to the debt amount. (b) A judgment creditor filing an application for issue of an order of imprisonment on account of non-payment of a judgment debt, not being a debt arising from maintenance, shall pay half the special fee upon filing the application. (c) Where the special fee has been collected from the judgment debtor, the amount paid by the judgment creditor as stated in subsection (b) shall be returned to him. (d) The Minister of Justice, with the consent of the Minister of Police and with the approval of the Constitution, Law and Justice Committee of the Knesset, may vary the amount of the special fee. (e) A fee under this Law shall not be paid using adhesive revenue stamps.
Special 4. (a) Amounts of the special fee to be collected under this Law from the fund judgment creditor and judgment debtor shall be transferred to a special fund to be made available to the Israel Police, and shall be used to finance the establishment and operational expenses of the special unit. (b) Transfer of the fee amounts shall be performed on the fifteenth of each month in respect of the preceding month, and after the amounts reimbursed as stated in section 3(c) have been reduced.
Application mutatis of 5. The provisions of the Execution Law, 5727-1967 shall apply, Execution mutandis, to expedited handling under this Law. Law Report 6. The Minister of Police shall submit to the Constitution, Law and Justice Committee of the Knesset, once every six months, a report on the operation of this Law.
190 7. The Minister of Justice is charged with the implementation of this Law Implemen• and he may, in consultation with the Minister of Police, make regulations tation and regulations for its implementation.
I\ 8. (a) This Law shall come into effect three months after the date of its Commence• publication and shall lapse three years after its commencement. ment, limitation of effect (b) This Law shall not apply to an application for issue of an order of and imprisonment submitted prior to its commencement; however, where there transitional is an order as aforesaid which, on the date of commencement of this Law, provisions has not yet been implemented, the judgment creditor may request that it be quashed, and that a new order of imprisonment be issued in its place; the provisions of this Law shall apply to the new order. (c) An order of imprisonment issued whilst this Law remains in force shall be implemented under this Law even after it lapses.
YITZHAK SHAMIR DAN MERIDOR Prime Minister Minister of Justice
CHAIM HERZOG Dov SHILANSKY President of the State Speaker of the Knesset
191 (No. 60)
CAMPS (LICENSING AND SUPERVISION) LAW, 5750-1990*
Definitions i. In this Law "Licensing of Businesses Law" the Licensing of Businesses Law, 5728-1968;1 "child" — a person who has not yet reached eighteen years of age; "camp" — a place in which organized daily recreational and social activity is conducted for a group of children for.a set and continual period of at least several days during the school vacation; "the Minister" — the Minister of Education and Culture.
Licensing 2. A person shall not manage a camp unless he is in possession of a license of camps under the Licensing of Businesses Law.
Restriction 3. A license for a camp shall not be given if the program of the camp is on contrary to the objects of state education, as set forth in section 2 of the licensing State Education Law, 5713-1953,2 or if the program is contrary to any law.
Prohibited 4. A person shall not manage a camp if the camp program or activity is activity contrary to the principles set forth in section 3.
Penalties 5. A person managing a camp contrary to the provisions of sections 2 or 4 shall be liable to imprisonment for six months.
Implemen• 6. (a) The Minister is charged with the implementation of this Law and he tation and regulations may make regulations with regard to camps, including matters of safety and security, educational activity and training and pedagogical supervision.
Passed by the Knesset on 19 Sivan 5750 (12 June 1990) and published in SH No. 1320 of 28 Sivan 5750 (21 June 1990), p. 155; the Bill and an Explanatory Note were pub• lished in HH No. 1985 of 2 Nissan 5750 (28 March 1990), p. 171. [5728] SH 204, 22 LSI 232; [5750] SH 91, supra 114. [5713] SH 137,7 LSI 117; [5740] SH 105, 34 LSI 118. 192 (b) A person not fulfilling any of the terms of the license or failing to fulfill the provisions of any regulation under subsection (a) shall be deemed to have failed to fulfill a term of a license given under the Licensing of Businesses Law and the provisions of the Licensing of Businesses Law shall apply in respect to him.
7. After section 2B of the Licensing of Businesses Law the following shall Amendment of the be inserted: Licensing of "Camps 2C. (a) A license shall not be granted under this Law for a Businesses camp unless approval for this purpose has also been given by Law a person empowered by the Minister of Education and Culture for this purpose and he shall be deemed as having given the approval under section 6. • (b) The Minister, with the approval of the Education and Culture Committee of the Knesset, may by order exempt from the duty of licensing under this Law categories of camps managed by organizations or bodies to be prescribed. (c) For the purposes of this Law, "camp" has the same meaning as in the Camps (Licensing and Supervision) Law, 5750-1990."
8. This Law shall not apply to a person who was in possession of a license Limitation on for a camp under the Licensing of Businesses Law which was valid application immediately prior to the commencement of this Law.
YITZHAK SHAMIR ZEVULUN HAMMER Prime Minister Minister of Education and Culture CHAIM HERZOG Dov SHILANSKY President of the State Speaker of the Knesset 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>0• ו100ו40מ3^22 ~~ * (No. 61)
PENAL LAW (SPECIAL PROVISIONS REGARDING DETENTION ORDERS), 5750-1990*
Saving of 1. Where immediately prior to the commencement of. section 19 of the Validity Dangerous Drugs Ordinance (Amendment No. 3) Law, 5749-1989,' a detention order under Article Seven of Chapter Six of the Penal Law, 5737- 1977,2 applied to a person, then for the purposes of such order, the provisions of the aforesaid article and the regulations3 made thereunder shall continue to apply to him, as if the aforesaid section 19 had not been adopted.
Commence• 2. This Law shall have effect from the day that section 19 of the Dangerous ment Drugs Ordinance (Amendment No. 3) Law, 5749-1989, came into effect.
YITZHAK SHAMIR EHUD OLMERT Prime Minister Minister of Health
CHAIM HERZOG Dov SHILANSKY President of the State Speaker of the Knesset
* Passed by the Knesset on 19 Sivan 5750 (13 June 1990) and published in SH No. 1320 of 28 Sivan 5750 (21 June 1990), p. 156; the Bill and an Explanatory Note were pub• lished in HH No. 1993 of 26 Iyar 5750 (21 May 1990), p. 195. 1 [5749] SH 80, 43 LSI 101. 2 [5733] SH 266, LSI Special Volume. 3 . [5729] KT 965; [5730] KT 1477; [5731] KT 420 and 1499. (No. 62) ADMINISTRATIVE RELEASE (TEMPORARY PROVISION) LAW, 5750-1990*
1. In this Law — Interpre tation and (a) the terms in this Law shall have the same meaning as in the Prisons definitions Ordinance [New Version], 5732-1972' (hereinafter — the Ordinance), subject to the contents of subsection (b). (b) "prisoner" — a sentenced prisoner; "prison"—includes a temporary prison within its meaning in section 70 of the Ordinance; "remainder of imprisonment" — the period of imprisonment remaining for a prisoner to serve until his release at the end of his full term of imprisonment, or until the time fixed for his early release according to a decision of the parole board or according to any law, whichever period is shorter. "prisoner group"—a group of prisoners, characterized by the length of imprisonment imposed on persons included in it, as specified in the First Schedule; "administrative release" — a release of prisoners before their time under section 3; "Minister" — the Minister of Police; "prison occupancy"—the number of prisoners held in all the prisons, including prisoners hospitalized in hospitals under sections 15(a) and 16 of the Ordinance, or on leave under section 36 of the Ordinance, as well as prisoners held in police installations and persons arrested under section 21A of the Criminal Procedure Law [Consolidated Version], 5742-1982,2 held in all the prisons and in police installations;
* Passed by the Knesset on 19 Sivan 5750 (12 June 1990) and published in SH No. 1321 of 28 Sivan 5750 (21 June 1990), p. 158; the Bill and an Explanatory Note were pub lished in HH No. 1975 of 17 Shevat 5750 (12 February 1990), p. 116. .2NV 237; [5749] SH 68,43 LSI 88 ,459׳ NH 21 1 2 [5742] SH 43, 36 LSI 42; [5748] SH 184,42 LSI 220. 195 "imprisonment establishment" — the total places of imprisonment in all the prisons.
Determination 2. The Minister may prescribe by order, from time to time, with the approval of imprisonment of the Constitution, Law and Justice Committee of the Knesset, the establishment imprisonment establishment, for a term not exceeding one year.
Admini• 3. Where the prisoner occupancy exceeds the imprisonment establishment, strative the Minister may, at his discretion and at the time he sees fit, order the release release before their time of prisoners whose remainder of imprisonment on the day of making the order (hereinafter — the effective day) is not in excess of the maximum remainder of imprisonment prescribed in the First Schedule for the group of prisoners in which those prisoners are included.
Priority in 4. (a) Where on the effective day the number of prisoners that may be released release on administrative release is in excess of the number of prisoners who are to be released due to prisoner occupancy exceeding the imprisonment establishment, the administrative release shall be carried out in all the prisoner groups, and in each group the release shall commence with the prisoner whose remainder of imprisonment is the shortest. (b) Where prisoner occupancy reaches the imprisonment establishment, no further prisoner shall be released on administrative release. (c) Where on the effective day prisoners are included in the group whose remainder of imprisonment is identical and only part of them are to be released on administrative release, they shall all be released, notwithstanding the provisions of subsection (b), and even if thereby the prisoner occupancy is made smaller than the imprisonment establishment.
Limitations 5. Notwithstanding the contents of this Law, a prisoner shall not be released on administrative on administrative release if he was convicted of committing one of the release offenses enumerated in the Second Schedule.
Admini• 6. Administrative release shall be deemed to be release under license under strative release to section 28 of the Ordinance; the provisions of Article Five of the Ordinance be regarded shall apply mutatis mutandis to a person released as aforesaid, but there is as release no duty to hand him a license under the aforesaid section. under license
196 7. The Minister is charged with implementation of this Law and he may impiemen- make regulations on modes of carrying out administrative release. regulations
8. Upon the expiration of one year after the commencement of this Law, Miscellaneous the government shall submit to the Constitution, Law and Justice Committee provisions of the Knesset a report on the operation of the Law and a scheme to solve the problem of overcrowding in prisons.
9. The force of this Law shall expire at the end of two years from the day of Term of force of its commencement. Law First Schedule (sections 1 and 3) Column A Column B Prisoner Group Maximum Remainder of Imprisonment in Weeks persons sentenced to imprisonment for a term — 1) exceeding one month but not exceeding six months 2 2) exceeding six months but not exceeding one year 3 3) exceeding one year but not exceeding 18 months 4 4) exceeding 18 months but not exceeding 24 months 5 5) exceeding 24 months but not exceeding 30 months 6 6) exceeding 30 months but not exceeding 36 months 7 7) exceeding 36 months but not exceeding 42 months 8 8) exceeding 42 months but not exceeding 48 months 9 9) exceeding 48 months but not exceeding 54 months 10 10) exceeding 54 months but not exceeding 60 months 11 11) exceeding 60 months but not exceeding 66 months 12 12) exceeding 66 months but not exceeding 72 months 13 13) exceeding 72 months but not exceeding 78 months 14 14) exceeding 78 months but not exceeding 84 months 15 15) exceeding 84 months but not exceeding 90 months 16 16) exceeding 90 months but not exceeding 96 months 17 17) exceeding 96 months but not exceeding 102 months 18 18) exceeding 102 months but not exceeding 108 months 19 19) exceeding 108 months but not exceeding 114 months 20 20) exceeding 114 months but not exceeding 120 months 21 21) exceeding 120 months but not exceeding 126 months 22 22) exceeding 126 months but not exceeding 132 months 23 23) exceeding 132 months 24 197 Second Schedule (section 5)
Offenses under — 1. Penal Law, 5733-1977 — sections 95,97 to 103,106,107,108(a)(c)(d), 109(a)(b)(d), 110 to 114, the final clause of 115(a), 116,121,122,131,259, 300, 305, 329, 332(1)(2)(3), 345, 347(b), 348(c), 368B, 368C, 372, 373(b) and 402(b). 2. Dangerous Drugs Ordinance [New Version], 5733-19733 — section 6, section 7 except possession and use of a drug for one's own consumption, section 9, except incidental to possession for the purpose of use of a drug for one's own consumption, section 10 except for use for one's own consumption, and Articles Two and Three of Chapter Three.
3. Prevention of Infiltration (Offenses and Jurisdiction) Law, 5714-1954.4
4. Prevention of Terrorism Ordinance, 5708-1948.5
5. Crime of Genocide (Prevention and Punishment) Law, 5710-1950.6
6. Nazis and Nazi Collaborators (Punishment) Law, 5710-1950.7
7. Defense (Emergency) Regulations, 1945,8 Parts III, IIIA and VII.
YITZHAK SHAMIR RONNI MILO Prime Minister Minister of Police v CHAIM HERZOG Dov SHILANSKY President of the State Speaker of the Knesset
3 27NH4;3NV5. 4 [5714] SH 160, 8 LSI 133. 5 [5708] Supp. 1,73. 6 [5710] SH 137,4 LSI 101. 7 [5710] SH 281,4 LSI 154. 8 [1945] Supp. 2, 855. (No. 63)
ELECTIONS LAW AMENDMENT (POLLING STATION) LAW, 5750-1990*
1. In the Knesset Elections Law [Consolidated Version], 5729-1969' — Amendment of the (1) in section 35, the following shall be inserted at its end: "as well as a Knesset Elections notice on publication of the notices stated in section 68A(d)."; Law (2) the following shall be inserted after section 68: "Polling 68A. (a) In every settlement there shall be at least one polling station for invalids station which has and to which there are suitable access and voting arrangements for invalids; the Minister of the Interior shall by regulations prescribe the required arrangements. (b) In a settlement in which there are more than twenty thousand residents on the determining day, there shall be at least one polling station as stated in subsection (a) for each continuous geographical area in which there are up to about twenty thousand residents. (c) Where the Chairman of the Central Committee and his deputies are convinced that in a particular settlement there is no such polling station as stated in subsection (a), and it is not possible, by reasonable means, to install such a polling station, they may direct that the provisions of subsection (a) shall not apply to that settlement;, the provisions of this subsection shall also apply in respect of a polling station as stated in subsection (b).
* Passed by the Knesset on 3 Tammuz 5750 (26 June 1990) and published in SH No. 1322 of 12 Tammuz 5750 (5 July 1990), p. 162; the Bill and an Explanatory Note were pub• lished in HH No. 1884 of the 5 Tamuz 5749 (20 June 1988), p. 193. 1 [5729] SH 103 and 196,23 LSI HOand 211; [5730] SH 146,24LSI 153; [5733] SH 74, 108 and 152,27 LSI 69,106 and 167; [5737] SH 74,31 LSI 85; [5738] SH 136 and 137, 32 LSI 169 and 170; [5741] SH 120,169,176 and 281, 35 LSI 130,193,194, 203 and 342; [5743] SH 106, 37 LSI 125; [5745] SH 196, 39 LSI 217; [5746] SH 217 and 236, 40 LSI 226 and 249; [5748] SH 247,42 LSI 319; [5749] SH 72,43 LSI 91. (d) On the day of publication of the notice of the Minister of the Interior stated in section 35, each local authority shall publish on the notice boards within its area, as well as in any other place it deems fit, a notice in which the polling stations as stated in subsections (a) and (b) within its area shall be specified, as well as the provisions of subsections (e) and (f)• (e) Not later than the 65th day after the determining day, any person who due to his physical state is unable to vote at the polling station where his name is included on the list of the voters there (hereinafter — the applicant), may notify the Minister of the Interior of his state and request that the Minister remove his name from that list of voters and include it in the list of voters relating to a polling station as stated in subsections (a) and (b), close to his place of residence in that settlement; where the applicant lives in a settlement located within the area of a regional council, he may request that the Minister include his name on a list of voters as aforesaid in another settlement within the area of that council. (f) The Minister of the Interior shall respond to such a request and shall notify the applicant in writing no later than the 89th day after the determining day of the location of the polling station determined for him as stated in subsection (e)".
Amendment . In the Local Authorities (Elections) Law, 5725-19652 — ot the 2 Local (1) in section 31, subsection (c) shall be deleted; Authorities
(Elections) ^ after secli0n 31, the following shall be inserted:
"Polling 31 A. (a) In each local authority there shall be at least one mvahds ^ polling station which has and to which there are suitable access and voting arrangements for invalids; the Minister of the Interior may by regulations prescribe the required arrangements.
2 [5725] SH 248,19 LSI 261; [5726] SH 71,20 LSI 65; [5729] 36,97 and 197,23 LSI 40, 106 and 213; [5733] SH 22,158,200 and 246,27 LSI 19,167,170, and 282; [5735] SH 217, 29 LSI 278; [5738] SH 14, 32 LSI 246; [5743] SH 106 and 140, 37 LSI 125 and 164; [5746] SH 180,40 LSI 189; [5748] SH 251,42 LSI 268; [5749] SH 18,43 LSI 19. (b) In a local authority in which there are more than twenty thousand residents on the determining day, there shall be at least one polling station as stated in subsection (a) for each continuous geographical area in which there are up to about twenty thousand residents. (c) Where the elections officer and the elections committee are convinced that'in a particular local authority there is no such polling station as stated in subsection (a), and it is not possible, by reasonable means, to install such a polling station, they may direct that the provisions of subsection (a) shall not apply to that local authority; the provisions of this subsection shall also apply in respect of a polling station as stated in subsection (b).
(d) On the day of publication of the notice of the Minister of the Interior stated in section 35 of the Knesset Elections Law, the local authority shall publish on the notice boards within its area, as well as in any other place it deems fit, a notice in which the polling stations as stated in subsections (a) and (b) within its area shall be specified, as well as the provisions of subsections (e) and (f)• (e) Not later than the 65th day after the determining day, any person who due to his physical state is unable to vote at the polling station where his name is included on the list of the voters (hereinafter — the applicant), may notify the Minister of the Interior of his state and request that the Minister remove his name from that list of voters and include it in the list of voters relating to a polling station as stated in subsections (a) and (b), close to his place of residence in that settlement; where the applicant lives in a settlement located within the area of a regional council, he may request the Minister to include his name on a list of voters as aforesaid in another settlement within the area of that council.
(f) The Minister of the Interior shall respond to such a request and shall notify the applicant in writing no later than the 89th day after the determining day of the location of the polling station determined for him as stated in subsection (e). Council 3IB. Where the council elections are to take place on the day elections on day of on which the Knesset elections take place, the polling stations Knesset for the purpose of elections to the council shall be the polling elections stations determined for the purpose of the Knesset elections, provided that the two polling stations shall not be placed in one room; where this provision cannot be carried out at a particular location, or there are other grounds justifying this, another location for the polling station shall be determined according to the provisions of sections 31(a) and (b) and 31A(c)".
Commence- 3. Thjs Law snai \ come into effect at the end of one y ear from the day of its publication in Reshumot.
YITZHAK SHAMIR ARIEH DERI Prime Minister Minister of the Interior CHAIM HERZOG Dov SHILANSKY President of the State Speaker of the Knesset
\
202 (No. 64)
EMERGENCY REGULATIONS (COMPULSORY PAYMENTS) (EXTENSION OF VALIDITY) LAW, 5750-1990*
1. The validity of the Emergency Regulations (Compulsory Payments), Extension 5718-1958,' is hereby extended until 14 Tevet 5751 (31 December 1990). of Val,dlty
2. This Law shall come into force on 7 Tammuz 5750 (30 June 1990). Commence• ment
YITZHAK SHAMIR Prime Minister
CHAIM HERZOG Dov SHILANSKY President of the State Speaker of the Knesset
* Passed by the Knesset on 3 Tammuz 5750 (26 June 1990) and published in SH No. 1322 ofl2 Tammuz 5750 (5 July 1990), p. 164; the Bill and an Explanatory Note were pub• lished in HH No. 1996 of 11 Si van 5750 (4 June 1990), p. 204. 1 [5724] SH 175,18 LSI 173; [5744] SH 34 and 167, 38 LSI 41 and 232; [5745] SH 136, 39 LSI 147; [5746] SH 192,40 LSI 200; [5747] SH 138,41 LSI 144; [5748] SH 104,42 LSI 107; [5749] SH 24,43 LSI 24; [5750] SH 41, supra 47. (No. 65)
PLANNING AND BUILDING PROCEDURES (TEMPORARY PROVISION) LAW, 5750-1990*
Object of 1 T/he object of this Law is to prescribe, as a temporary provision, special arrangements for approval of building schemes, for urgent alignment to provide a solution for housing requirements in the State — for absorption of immigrants, young couples and persons having no housing .
Definitions 2. (a) In this Law — and Interprétation "the Planning Law" — the Planning and Building Law, 5725-1965 "the Committee" — the Committee for Residential Building established under section 3; "the National Council!' — includes a subcommittee of it, which it shall authorize for the purposes of this Law; "scheme" — a local outline scheme or detailed scheme within their meaning in the Planning Law, including any variation of the said schemes; "district planner" has the same meaning it has in section 8(a) of the Planning Law. (b) Each term in this Law shall have the same meaning as in the Planning Law, unless a different meaning appears.
Residential 3. (a) A residential building committee or committees shall be established Building Committee within the boundaries of each district, composed of the following: (1) the chairman of the District Commission or a person appointed by the Minister of the Interior, and he shall be the chairman of the committee;
* Passed by the Knesset on 18 Tammuz 5750 (11 July 1990) and published in SH No. 1323 of 27 Tammuz 5750, p. 166; the Bill and an Explanatory Note were published in HH No. 2000 of the 4 Tammuz 5750 (27 June 1990). 1 [5725] SH 307,19 LSI 330. 204 (2) the head of the local authority for whose area the subject scheme is designated, or one of his deputies to be determined by him, and he shall be the chairman's substitute in his absence; (3) the district planner or an employee of the district planning office appointed by the chairman of the District Commission; (4) a representative of the Minister of Building and Housing; (5) a representative of the Israel Lands Administration; (6) a representative of the Minister of Transport; (7) a member of the council of the local authority for whose area the subject scheme is designated, whom the council shall choose; however, where the local authority is located within the area of a local planning area as stated in section 19 of the Planning Law, a member of the Local Commission whom the Local Commission shall choose shall have the place of the member of the council;
(8) the engineer of the local authority for whose area the subject scheme is designated; (9) the chairman of the Committee for the Protection of Agricultural Land or another representative of the Minister of the Interior on the said committee. (b) The district and local planning offices having an interest in the matter shall provide the committees with administrative and professional assistance. (c) The Minister of Justice shall appoint a legal adviser for the committee and the Minister of the Environment shall appoint an environmental adviser for the committee, and they shall be invited to all meetings of the committee.
4. (a) The committee is authorized to consider and decide on approval of Jurisdiction schemes involving the construction of 200 or more residential units, whether of committee or not they include buildings for commerce and associated public services; and such schemes may be submitted to the committee or be transferred to it validity of from another planning agency, by a Local Commission or local authority schemes for whose area the scheme is designated or by owners of rights in the land to which the schemes apply. (b) Where a scheme has been transferred to the committee from another planning agency, as stated in subsection (a), the committee shall continue 205 to consider such scheme in accordance with the provisions of this Law commencing from the stage the scheme reached in that planning agency. (c) The committee is authorized to consider and decide on schemes as stated in subsection (a) instead of any other committee, including the local commission and the Committee for the Protection of Agricultural Land, subject to the contents of section 5(8). (d) The committee may take the assistance of professional advisers, wherever it deems fit. (e) Notwithstanding the contents of the Planning Law, a scheme approved by the committee under this Law shall prevail over any other scheme approved under the Planning Law; however, where the scheme is contrary or inconsistent with the provisions of a national outline plan, it shall require the approval of the National Council; where such a scheme has been transferred for the approval of the National Council, the Council shall hand down its decision within fifteen days of the day of transfer of the scheme, unless the chairman of the council has notified the committee of ah extension of the time by five additional days; where the council fails to hand down its decision on time, it shall be deemed to have approved the scheme.
Application 5. The provisions of the Planning Law shall also apply to the acts of the and adaptation committee, to its discussions, to proceedings for approval of a scheme of submitted to the committee or transferred to it and to any scheme approved provisions by it, all with the modifications deriving from this Law and with the of the Planning modifications set forth hereunder: Law (1) the provisions of section 23 of the Planning Law shall not apply; (2) the duty to publish a notice as stated in section 77 of the Planning Law shall not apply; (3) publication in a newspaper of a notice oh deposit of a scheme shall be as stated in section 1 A(a) of the Planning Law, except that the words "in two daily newspapers" shall be replaced by the words "in three daily newspapers" and the words "at least one of which is a widely circulated newspaper" shall be replaced by the words "at least two of which are widely circulated newspapers";
(4) a notice on deposit of a scheme shall also be delivered to a person authorized for this purpose by the Minister of Defense and he may present
206 the comrnittee with the position of the defense establishment in regard to the scheme on matters concerning it; (5) notwithstanding the contents of section 102 of the Planning Law, the time for filing oppositions to a scheme shall be within 20 days from the time when the notice on the deposit was published in a widely circulated newspaper, whichever time of publication in the newspapers is the latest, and the authority of the committee to extend the time for filing oppositions shall be for a period not exceeding ten additional days; (6) the provision of section 106(a) of the Planning Law shall not apply; however, the local commission may, if it so desires, submit comments on the scheme within the 20 days stated in paragraph (5); (7) the committee shall hear the oppositions itself, or through an investigator within the meaning in section 107A of the Planning Law, and shall decide thereon, as well as decide to approve the scheme with or without modifications or on the conditions it shall determine, or to dismiss the scheme, all within 20 days from the expiration of the time for filing oppositions as stated in paragraph (5); where an investigator has been appointed, the aforesaid time shall be extended for ten days;
(8) the provisions of section 108(c) shall not apply; where a scheme has been deposited and no opposition or comments have been submitted within the period prescribed in paragraphs (5) and (6), the scheme shall be deemed to have been approved by the committee upon the expiration of the twenty days stated in paragraph (6), unless the committee has decided otherwise within the said period; the contents of this paragraph shall not derogate from the contents of section 109 of the Planning Law, with the modification stated in paragraph (9);
(9) for the purposes of schemes submitted under this Law, in section 109(a) of the Planning Law, the words "90 days" shall be replaced by the words "30 days" and in section 109(b) of the Planning Law the words "90 days" shall be replaced by the words "10 days"; (10) the provisions of sections 110, 111, 114 and 115 of the Planning Law shall not apply; (11) where a scheme has been approved by the committee, or •by the Minister of the Interior under paragraph (9), the committee shall publish a notice thereof in the newspapers as stated in paragraph (3), and the commencement of the scheme for the purposes of granting permits and for the purpose of appreciation charge under the Planning Law shall be upon the first publication of the notice in a newspaper; . (12) close upon approval of the scheme a notice thereof shall be published mReshumot, and this time shall be the effective time for the purposes of a claim for compensation under section 197(b) of the Planning Law; (13) the provisions of Article Nine of Chapter Three of the Planning Law shall not apply; (14) (a) the committee member stated in section 3(9) may, within 10 days from the time of the decision of the committee to deposit a scheme, demand that the scheme be brought for the approval of the Committee for the Protection of Agricultural Land, and when he has done so, the aforesaid committee shall consider the scheme and shall decide in respect thereof within 15 days; where the Committee for the Protection of Agricultural Land fails to reach a decision within the said period, the scheme shall be deemed to have been approved by it; (b) a person who considers himself to be aggrieved by the decision of the Committee for Protection of Agricultural Land may, within 15 days from the day the decision was notified to him, lodge an objection with the Objection Committee stated in the First Schedule of the Planning Law, and it shall consider and decide on the objection within 15 days from the day it was so filed.
(15) notwithstanding the contents of sections 6, 7 and 11 of the First Schedule of the Planning Law, a scheme for a non-agricultural purpose may be approved where doing so is necessary to attain the objectives stated in section 1; (16) the heading of a scheme shall state that it was approved under this Law and that the provisions of this Law apply to it.
Validity of 6. (a) A condition of a scheme approved under this Law is that its scheme • • ^ implementation shall commence within two years from the day of its approval; the committee shall prescribe in the scheme what shall be deemed the commencement of its implementation and what shall be the rights and duties deriving upon its lapse.
208 (b) Upon the expiration of two years from the day of approval of a scheme under this Law, the chairman of the District Commission shall deliver a notice to the District Commission on the situation of its implementation. (c) Where the District Commission has determined that implementation of the scheme had not commenced, it shall notify the Local Commission and the person filing the scheme that the validity of the scheme has lapsed and that the consequential rights and duties shall apply.
7. In the Planning Law, in section 48A(a), the words "substitute for him" Amendment of the shall be replaced by the words "one or more substitutes for him, although at Planning a meeting of a planning agency he shall be represented by only one and substitute". Building Law
8. The Modular Coordination Law, 5733-1972,2 is hereby repealed. Repeal of the Modular Coordination Law 9. The Minister of the Interior is charged with the implementation of this Implemen• Law and he may make regulations as to its implementation. tation and Regulations
10. The validity of this Law shall lapse, excluding this section and sections Validity 6, 7 and 8, upon the expiration of two years from the day of its commencement, however, in respect of a scheme where the consideration thereof commenced previously under this Law, the provisions of this Law shall continue to apply in all matters relating to the procedures for the approval thereof.
YITZHAK SHAMIR ARIEH DERI Prime Minister Minister of the Interior CHAIM HERZOG Dov SHILANSKY President of the State Speaker of the Knesset
2 [5733] SH 16, 27 LSI 15. (No. 66)
COMMODITIES AND SERVICES (CONTROL) (AMENDMENT NO. 18) LAW, 5750-1990*
Amendment 1. In section 46 of the Commodities and Services (Control) Law, 5718- of section 4 1957,' the following shall be inserted at the end of the section: "(c) For the purposes of subsection (b), "this Law" — to the exclusion of the regulations and orders made'thereunder."
Commence• 2. This Law shall come into force upon the expiration of three months ment from the day of its publication, and in respect of any provision in regulations or orders in force on the day of its publication — upon the expiration of eighteen months from the day of its publication.
YITZHAK SHAMIR Prime Minister CHAIM HERZOG Dov SHILANSKY President of the State Speaker of the Knesset
* Passed by the Knesset on 24 Tammuz 5750 (17 July 1990) and published in SH No. 1324 of 4 Av 5750 (26 July 1990), p. 170; the Bill and an Explanatory Note were pub• lished in HH No. 1997 of 18 Sivan 5750 (11 June 1990), p. 208. 1 [5718] SH 24,12 LSI 24; [5719] SH 92,13 LSI 96; [5732] SH 97, 26 LSI 117; [5733] SH 26 and 202, 27 LSI 23 and 222; [5736] SH 223, 30 LSI 226; [5737] SH 34, 31 LSI 41; [5738] SH 84, 100 and 209, 32 LSI 106, 125 and 269; [5739] SH 32, 33 LSI 35; [5741] SH 257,35 LSI 310; [5742] SH 92,36 LSI 83; [5745] SH 29,39 LSI 31; [5746] SH 128 and 241, 40 LSI 137 and 255; [5749] SH 30 and 40,43 LSI 28 and 50. (No.67)
ENCOURAGEMENT OF INVESTMENTS (LARGE-CAPITAL COMPANIES) LAW, 5750-1990*
1. In this Law— Definitions
(1) "large-capital company" — a company which satisfies all the following requirements: (a) its paid up share capital is at least 30 million United States dollars, at least 75% of which is used in entitling activities or is invested in entitling investments; (b) the basic documents of the company and the prospectus or any similar document approved by a competent authority in which shares of the company were offered to the public, provides that only foreign residents may acquire shares of the company; (c) its objects are to engage in entitling activities in Israel or to invest in companies domiciled in Israel engaged mainly in entitling activities; (d) the company has been approved as a large-capital company for the purposes of this Law under section 2; (2) "entitling income" — income from an entitling activity or from realization of an entitling investment; (3) "entitling activity" — the establishment or enlargement of enterprises in Israel in the fields of industry, agriculture, tourism, transport, construction, water, energy, communications or computerizing, or research and development in the said fields; for this purpose, "communications" — a physical infrastructure for transmission of information;
* Passed by the Knesset on 24 Tammuz 5750 (17 July 1990) and published in SH No. 1324 of 4 Av 5750 (26 July 1990), p. 170; the Bill and an Explanatory Note were pub• lished in HH No. 1995 of 11 Sivan 5750 (4 June 1990), p. 200. 1 • ,211 (4) "entitling investment" — investment of a large-capital company in a company domiciled in Israel engaged mainly in entitling activities, by means of acquisition of shares allotted to it by such a company, provided that the entire investment shall be used solely for entitling activities; (5) "land appreciation tax" and "real appreciation" have the same meaning as in the Land Appreciation Tax Law, 5723-1963';' (6) "asset" — any property, either real or personal, and including a right; (7) the remaining terms shall have the same meaning as in the Income Tax Ordinance2 (hereinafter — the Ordinance).
Power to 2. The Minister of Finance may, by 7 Tevet 5753 (31 December 1992), certify large- certify that a specific company is a large-capital company for the purposes capital of this Law, and may make the certification subject to conditions. company
Right to 3. A large-capital company and its shareholders shall be entitled to benefits benefits under this Law.
Capital 4. (a) The income of a large-capital company from the sale of shares gains tax allocated to it within the scope of an entitling investment, shall be deemed and appreciation a capital gain. tax (b) A large-capital company having real capital gain as stated in subsection (a) or real capital gain or real appreciation on sale of any property which served it solely within the scope of an entitling activity shall be liable to tax at a rate not exceeding 25%. (c) Reduced tax, as stated in this section and in section 5, shall apply for a period of thirty years commencing in the year in which the company was certified as a large-capital company. (d) The power of the Minister of Finance under section 16A of the Ordinance shall apply in respect of any large-capital company, as well as regards land appreciation tax paid by the company on sale of property which served it only within the scope of an entitling activity.
1 [5723] SH 156,17 LSI 193. 2 6NH 120,1 NV 145. 212 5. (a) Notwithstanding the contents of any law, the rate of tax to which a Income tax large-capital company shall be liable on its entitling income shall not exceed and company 25%, and in respect of income from a dividend originating in an entitling tax investment—15%. (b) Notwithstanding the contents of any law, the rate of tax on a dividend distributed by a large-capital company resident in Israel shall be 25%; this provision shall not apply in respect of a dividend distributed from a dividend received by the large-capital company. (c) A large-capital company which distributed a dividend shall be entitled to a repayment of company tax paid on the income from which the dividend was distributed, provided that the total of company tax paid by the company on the income from which the dividend was distributed, plus the total of income tax paid in Israel on the dividend, shall not be less, after the repayment, than 25% of the said income; the contents of this section shall only apply in respect of a dividend distributed to a person who was a foreign resident at the time he acquired the share.
6. Capital gain on sale of a share in a large-capital company which is a Tax foreign resident shall be exempt from tax if the seller was a foreign resident exemption on sale of at the time he purchased the share; where the share was passed by inheritance, share the exemption shall apply if the deceased was a foreign resident when he acquired the share.
7. The Minister of Finance, with the approval of the Finance Committee of Entitling the Knesset, may prescribe additional classes of entitling activities and activities investments which shall be deemed entitling activities and investments* either generally or in respect of classes of companies or in respect of a particular company.
8. Apart from the taxes prescribed in this Law, a large-capital company Exemption shall not be charged any tax or compulsory loan on entitling income, on from other, taxes dividend deriving from an entitling investment or on capital gain from sale of any property which served the company only within the scope of an entitling activity.
213 Exemption 9. (a) Where an application has been submitted for certification of a company from stamp duty as a large-capital company and the conditions in subparagraphs (b) and (c) in the definition of large-capital company have been satisfied, the Minister of Finance may order the postponement of payment of stamp duty applying to the basic documents and to the share allocation report of the company, until the handing down of a decision under section 2. (b) Where the Minister of Finance has certified a company as a large- capital company under section 2, the documents specified in subsection (a) shall be exempt from stamp duty.
Reduced 10. (a) The Commissioner may determine that a particular company shall rate be deemed a large-capital company, even if the rate of capital invested in entitling activities and entitling investments was less than 75% in the tax year in which it was certified under section 2. (b) The Commissioner may prescribe a mode of relating to the expenses of a large-capital company in which there were entitlement revenues and other revenues in the tax year.
Implemen• 11. (a) The Minister of Finance is charged with the implementation of this tation and Regulations Law and he may make regulations on any matter relating to its implementation and enforcement. (b) The Minister of Finance may by regulations prescribe rules for deduction at the source from dividend paid by a large-capital company to a foreign resident. (c) The Minister of Finance, with the approval of the Finance Committee of the Knesset, may extend the period fixed in section 2 until 28 Tevet 5755 (31 December 1994).
Repeal 12. The Encouragement of Investments (Large-Capital Companies) Law, 5734-1973,3 is hereby repealed, but its provisions shall continue to apply in respect of a company designated thereunder.
YITZHAK SHAMIR YITZHAK MODAI Prime Minister Minister of Finance
CHAIM HERZOG Dov SHILANSKY President of the State Speaker of the Knesset
3 [5734] SH 18, 28 LSI 16. 214 (No. 68)
PUBLIC BODIES (TRANSACTIONS) (ENFORCEMENT OF BOOKKEEPING) (AMENDMENT NO. 2) LAW, 5750-1990*
1. In the Public Bodies (Transactions) (Enforcement of Bookkeeping) Law, Amendment 5736-1976' (hereinafter — the principal Law), in the name of the Law, the of name of Law words "(Enforcement of Bookkeeping)" shall be replaced by the words "(Enforcement of Bookkeeping and Payment of Tax Debts)".
2. In section 1 of the principal Law, the following shall be inserted at its Amendment end: of section 1 ""tax law" — an enactment dealing with the imposition of taxes or compulsory payments with the implementation of which the Minister of Finance is charged; "final debt" — an amount which a person owes under a tax law and in respect of which there is no longer any right of contestation, objection or appeal".
3. After section 2 the following shall be inserted: Addition of section 2A "Payment 2A. (a) The State shall not grant a guarantee to a body of from State persons and shall not transfer to a body of persons any grant or support monies except after there has been produced to the person representing the State in connection with the particular guarantee or transfer, a certificate from a competent official or a copy of such certificate, testifying that the body of persons in question has no final debt or that it has reached a settlement with the tax authorities in connection with the final debt due from it.
* Passed by the Knesset on 24 Tammuz 5750 (17 July 1090) and published in SH No. 1324 of 4 Av 5750 (26 July 1989), p. 172; the Bill and an Explanatory Note were pub• lished in HH No. 1972 of 3 Shevat 5750 (29 January' 1990), p. 104. 1 [5736] SH 280, 30 LSI 275; [5747] SH 102,41 LSI 113.. 215 (b) The provisions of this section shall not apply to payment under any Law if it has been prescribed in that Law that the payment shall not be subject to attachment. (c) The Income Tax Commissioner may prescribe rules for implementation of the provisions of subsection (a) and may in such rules restrict the said provisions or determine that they shall apply upon the fulfillment of the conditions he shall set."
Commence- 4. ^ Law snan come int0 effect on 17 NISSAN 5751 (1 APRIL 1991) ment r
YITZHAK SHAMIR YITZHAK MODAI Prime Minister Minister of Finance
CHAIM HERZOG Dov SHILANSKY President of the State Speaker of the Knesset
216 (No. 69)
EMPLOYMENT OF WOMEN (AMENDMENT NO. 9) LAW, 5750-1990*
1. In section 6 of the Employment of Women Law, 5714-1954' (hereinafter Amendment — the principal Law), after subsection (b) the following shall be inserted: of sectlon 6 "(bl) A female worker who became ill and was hospitalized within the period of her maternity leave as stated in subsections (b) and (c) for a period exceeding two weeks, is entitled to one of the following: (1) to extend the maternity leave until the expiration of the period of hospitalization, but for no more than four weeks, provided that the maternity leave does not exceed a total of sixteen weeks; (2) to split the maternity leave so that a period of hospitalization not exceeding four weeks shall not be included within the maternity leave. A choice under this subsection shall not be valid unless the female worker gave notice thereof in the manner, at the time and to the person prescribed by the Minister of Labor and Social Affairs in regulations."
2. In section 7 of the principal Law, in subsection (c) — Amendment of section 7 (1) in paragraph (1), the following shall be inserted at its end: "absence by virtue of this paragraph shall not prejudice rights dependent on the seniority of the female worker with her employer"; (2) in paragraph (2), the following shall be inserted at its end: "absence under this paragraph shall be treated as absence due to illness."; (3) paragraph (3) shall be replaced by the following:
* Passed by the Knesset on 24 Tammuz 5750 (17 July 1990) and published in SH No. 1324 of 4 Av, 5750 (26 July 1990), p. 173; the Bill and an Explanatory Note were published in HH No. 1999 of 3 Tammuz 5750 (26 June 1990), p. 214. 1 [5714] SH 154, 8 LSI 128; [5723] SH 133, 17 LSI 157; [5724] SH 166, 18 LSI 164; [5732] SH 119, 26 LSI 136; [5733] SH 260, 27 LSI 302; [5736] SH 254, 30 LSI 247; [5746] SH 67 and 141,40 LSI 64 and 151; [5748] SH 42,42 LSI 36. "(3) from the expiration of her maternity leave until the expiration of four months from that day — for an hour each day, on condition that she is employed full time; absence permitted under this paragraph shall be in addition to breaks under the Hours of Work and Rest Law, 5711 -1951,2 and is not to be deducted from her pay."
Replacement 3. Section 9 of the principal Law shall be replaced by the following: of section 9 "Restriction 9. (a) An employer shall not dismiss a female worker who is as to pregnant and has not yet commenced her maternity leave, dismissal except under a permit from the Minister of Labor and Social Affairs, and the Minister shall not permit such dismissal if the dismissal is, in his opinion, connected with the pregnancy; the provisions of this subsection shall apply to both a permanent female worker and a casual or temporary female worker, provided that the female worker was employed with the same employer or at the same place of employment for at least six months; for the purposes of this section, the termination of a contract of employment for a determinate period shall be deemed dismissal.
(b) (1) An employer shall not dismiss a female worker on maternity leave or in the days of absence from work under section 7(c)(2) and shall not give a notice of dismissal for a date falling in the said periods. (2) An employer shall not dismiss a female worker during the days of absence from work under section 7(d)(1), and shall not give a notice of dismissal for a date falling in the said period, except under a permit from the Minister of Labor and Social Affairs." 1
Amendment 4. In the National Insurance Law [Consolidated Version], 5728-19683 — of the —־(National (1) in section 98A(a Insurance Law (a) in the opening clause, the words "section 6(c) or (d)(1)" shall be replaced by the words "section 6";
2 5711 [SH] 204, 5 LSI 125. 3 [5728] SH 108, 22 LSI 114 218 (b) in paragraph (2), the final clause beginning with the words "under section 6(c) and (d)(1)" shall be replaced by the words "due to a reason stated in subsection (bl) or (d) of section 6 of the Employment of Women Law or due to more than one reason of those set forth in
the said section 6"; v (2) after section 103B the following shall be inserted: "Article Five: Pregnancy Preservation Allowance
Definitions 103C. In this Article — "insured person" — a female worker or female self-employed person, insured under Chapter Two satisfying the provisions of section 98, and for this purpose the determining day is the first day of the pregnancy preservation; "pregnancy preservation" — absence from work during a period of pregnancy, necessary due to a medical condition deriving from the pregnancy and endangering the woman or her fetus, all in accordance with ajwritten medical certificate.
Pregnancy 103D. An insured woman who has been on pregnancy preservation preservation for at least thirty consecutive days, shall be benefit entitled to a benefit for the said period and for any additional period of at least fourteen consecutive days of pregnancy preservation, all according to medical certificates, rules, conditions and tests prescribed by the Minister in regulations.
Rate of 103E. Pregnancy ,preservation benefit, for each day, is the benefit lower of the following two amounts: (1) an amount equal to 25% of the average wage, as it was on 1 January, divided into 30; if compensation became due thereafter, the amount shall be increased by the rate of compensation from the day that compensation became due; (2) an amount equal to the regular wage of the insured female, calculated according to section 101, and for this purpose the determining day is the first day of the pregnancy preservation; where compensation became due after the end of the period which served as the basis for calculating the amount under this paragraph, the amount shall be increased by the rate of compensation from the day that compensation became due.
Double 103F. An insured female entitled to payment under the payments provisions of any enactment, collective agreement within its meaning in section 127 LILT or any other collective arrangement, by-laws of a mutual fund, labor contract or by• laws of an insurance or pension fund, for the period in which she is on pregnancy preservation, shall not be paid any benefit under this article for that period."
YITZHAK SHAMIR YITZHAK SHAMIR Prime Minister Minister of Labor and Social Affairs
CHAIM HERZOG Dov SHILANSKY President of the State Speaker of the Knesset (No. 70)
TRAFFIC ORDINANCE (AMENDMENT NO. 23) LAW, 5750-1990*
1. For a year from the commencement day of this Law, it shall be considered Temporary as if- provision
(1) in section 12A(a) of the Traffic Ordinance1 (hereinafter — the Ordinance), the words "restricted to one year, in which" were replaced by the words "restricted to two years, in which"; (2) the following were inserted after section 12B of the Ordinance:
Driving j 2C. Notwithstanding the contents of section 10, a person who restriction ° r for young has not reached eighteen years of age shall not drive a motor drivers vehicle between the hours of 1:00 and 5:00."
2. This Law shall come into force thirty days from the day of its publication. Commence• ment
YITZHAK SHAMIR• MOSHE KATSAV Prime Minister Minister of Transport
CHAIM HERZOG Dov SHILANSKY President of the State Speaker of the Knesset
* Passed by the Knesset on 24 Tammuz, 5760 (17 July 1990) and published in SH No. 1324 of 4 Av 5750 (26 July 1990), p. 175; the Bill and an Explanatory Note were pub• lished in HH No. 1987 of 6 Iyar 5750 (1 May 1990), p. 176. 1 7 NH 173,1 NV 222; [5748] SH 216, 42 LSI 270. 221 (No. 71)
EMPLOYMENT OF WOMEN (AMENDMENT NO. 10) LAW, 5750-1990*
Amendment 1. In section 7 of the Employment of Women Law, 5714-19541 — of section 7 in subsection (c), after paragraph (3) the following shall be inserted : "(4) during the period, as stated in the regulations, in which she is undergoing in vitro fertilization treatment, if the physician has certified in writing that the treatment so requires, and to the extent he has certified, provided that she notified her employer in advance thereof; absence by virtue of this paragraph shall be regarded as absence due to illness.";
(2) after subsection (c) the following shall be inserted: "(cl) The provision of subsection (c)(4) shall apply also to a male employee undergoing fertility treatment."
YITZHAK SHAMIR YITZHAK SHAMIR Prime Minister Minister of Labor and Social Affairs CHAIM HERZOG Dov SHILANSKY President of the State Speaker of the Knesset
* Passed by the Knesset on 1 Av 5750 (23 July 1990) and published in SH No. 1325 of 8 Av 5750 (30 July 1990), p. 178; the Bill and an Explanatory Note were published in HH No. 1990 of 3 Tammuz 5750 (26 June 1990), p. 213. 1 [5714] SH 154, 8 LSI 128; [5723] SH 133, 17 LSI 157; [5724] SH 166, 18 LSI 164; [5732] SH 119, 26 LSI 136; [5733] SH 260, 27 LSI 302; [5736] SH 254, 30 LSI 247; [5746] SH 67 and 141, 40 LSI 61 and 151; [5748] SH 42, 42 LSI 36; [5750] SH 173, supra 217. 222 (No. 72)
WILD ANIMALS PROTECTION (AMENDMENT NO. 2) LAW, 5750-1990*
1. Section 1 of the Wild Animals Protection Law, 5716-19551 (hereinafter Replacement — the principal Law), shall be replaced by the following: of sectlon 1
"Définitions !. in this Law — "wild animal" — a mammal, bird, reptile or amphibian, or any part thereof, or its offspring, originating in or outside the area of the State, which does not by its nature live in association with man; "cultivated wild animal" — a species, sub-species ofvariety of a wild animal, which has been cultivated or developed for the purposes of rearing in captivity for commercial purposes, and declared as such by the Minister of Agriculture; "pest" — a wild animal which the Minister of Agriculture has declared to be a pest; "game" — a wild animal which the Minister of Agriculture has declared to.be game; "protected wild animal" — a wild animal which is not game, a pest or a cultivated wild animal; "hunting" includes the doing of any act with intent to adversely affect the life, well-being or freedom of a wild animal or to irritate it or to endanger the natural development of its eggs or any other offspring of it; "trading" includes purchase, sale, export, re-export, import and introduction from the sea;
Passed by the Knesset on 2 Av 5750 (24 July 1990) and published in SH No. 1326 of 11 Av 5750 (2 August 1990), p. 180; the Bill and an Explanatory Note were published in HH No. 1943 of 28Tammuz 5749 (31 July 1989), p. 127. [5715] SH 10,9 LSI 8. 223 "Nature Reserves Authority" — the Authority established under section 33 of the National Parks, Nature Reserves and National Sites Law, 5723-1963".2
Replacement 2. Section 2 of the principal Law shall be replaced by the following: of section 2 "Prohibition 2. A person shall not hunt game or a protected wild animal of hunting save under a hunting license or a permit under section 3."
:Section 3 of the principal Law shall be replaced by the following .־ Replacement 3 of section 3 "Hunting 3. The Minister of Agriculture may grant a license for the license and purpose of hunting game and may permit, by a general or permit special hunting permit, the hunting of a protected wild animal for scientific purposes, for propagation, for protection of natural balance, for the prevention of damage to agriculture, for the prevention of danger to man or animals and for the prevention of infectious diseases among them."
Amendment 4. In section 6 of the principal Law — of section 6 (1) the margin heading shall be replaced by the following: "Entry onto property of others"; (2) subsection (a) is hereby repealed and the provisions of subsection (b) shall be re-marked 6; (3) the words "under this section" shall be replaced by the words "under section 3".
Amendment 5. In section 7 of the principal Law, the words "hunting in a place within of section7 its area of jurisdiction" shall be replaced by the words " the hunting of game in a place within its area of jurisdiction".
Replacement 6. Section 8 of the principal Law shall be replaced by the following: of section 8 'Trading, 8. (a) (1) A person shall not trade a wild animal that is not a possession and pest and is not a cultivated wild animal, save under a general transfer of or special trading permit. wild animals
2 [5723] SH 149, 17 LSI 184. 224 (2) A person shall not transfer a wild animal that is not a pest and is not a cultivated wild animal, save under a general or special transfer permit. (3) A person shall not possess a wild animal that is not a pest and is not a cultivated wild animal, save under a general or special holding permit, or if it came into his possession from the holder of a general or special trading permit or a general or special transfer permit, or if he is in lawful possession, as stated in subsection (b). (b) A person who was in lawful possession of a wild animal before the commencement day of this Law and continued to be in possession thereof, or a person who gratuitously received it from such person — shall be in lawful possession, and a person who gratuitously received a wild animal from a person in lawful possession under this subsection shall be in lawful possession. (c) It shall be a good defense for a person who was in possession of, or transferred or traded, a part of a wild animal that he was unaware that he was in possession of a part of a wild animal".
7. Section 9 of the principal Law shall be replaced by the following: Replacement of section 9 "Licenses 9. A license or a permit under this Law shall be granted by and permits the Minister of Agriculture in accordance with rules prescribed in regulations, and he may refuse to grant them, grant them with restrictions or conditions, cancel them or vary them at any time".
8. Section 10 of the principal Law shall be replaced by the following: Replacement of section "Appoint• 10. The Minister of Agriculture may appoint inspectors for 10 ment of inspectors the purpose of this Law and prescribe their functions".
9. Section 11 of the principal Law shall be replaced by the following: Replacement of section "Granting 11 powers of 11. (a) The powers vested in a police officer by sections 2, 3, officer to 22'25 32 of the Crirninal Procedure (Arrest and Searches) inspectors 225 Ordinance [New Version], 5729-1969,9 and under sections 2 and 3 of the Criminal Procedure (Evidence) Ordinance4 shall be vested also in an inspector in respect of offenses under this Law and regulations made thereunder, and the aforesaid provisions and Ordinances shall apply to any arrest,,search, seizure of objects and investigation carried out by him as if they were carried out by a police officer.
(b) The provisions of sections 33 to 42 of the Criminal Procedure (Arrest and Searches) Ordinance [New Version], 5729-1969, shall apply also to the seizure of objects by an inspector by virtue of his authority under this section, and at each place in these provisions in which it states "police officer", "commissioned police officer of the rank of second inspector or over" and "the police" it shall be deemed to have stated "inspector", "the Nature Reserves Authority Director" and "the Nature Reserves Authority".
(c) Without derogating from his authority under this Law and under any law, an inspector may seize and confiscate a wild animal in the possession of a person not holding a permit and destroy it, where it is not alive or there is no likelihood of its continued natural development".
Replacement !0. Section 13 of the principal Law shall be replaced by the following: of section 13 "Burden of 13. Where any game or protected wild animal is held or found proof in the possession of any person or in a vehicle owned by him or in his possession, the burden is on such person to prove that he is in lawful possession thereof.
Replacement 11. Section 14 of the principal Law shall be replaced by the following: of section 14 "Penalties 14. (a) A person who commits an offense against this Law or a regulation made under section 16, except under paragraph (2), or a person who contravenes any of the conditions of a license or permit granted under this Law, shall be liable, where
3 12 NH 284, 2 NV 30. 4 1 Laws 439. 226 there is no other provision in this Law, to imprisonment for one year or a fine.
(b) A person who commits an offense under the provisions of sections 2, 3 and 4 or a regulation made under section 16(2) shall be liable to imprisonment for two years or a fine. (c) Where the offense is a continuing offense, the Court may, in addition to the penalty under subsections (a) or (b), impose a fine as stated in section 61 (c) of the Penal Law, 5737-1977,5 or further imprisonment of two days for each day in which the offense continues, commencing on the day on which the accused received a written notice from the Nature Reserves Authority, or on the day of his conviction.
12. Section 15 of the principal Law shall be replaced by the following: Replacement of section "Delegation 15. The Minister of Agriculture may delegate his powers 15 of powers under this Law to the Director of the Nature Reserves Authority, except his powers under sections 1 and 16, and he may charge the Nature Reserves Authority, by order, with functions for implementing the provisions of this Law and the regulations thereunder".
13. In section 16 of the principal Law — Amendment of section (1) paragraph (1) shall be replaced by the following: 16 "(1) the submission of reports by holders of licenses or holders of permits with regard to hunting and with regard to wild animals in their possession"; (2) in paragraph (3), the words "or within a particular area" shall be replaced by the words "within particular hours, within a particular area or using particular methods or means;" (3) paragraph (9) shall be replaced by the following: "(9) conditions for obtaining a hunting license, including in respect of tests for obtaining a license, insurance and shooting license".
5 [5737] SH 226, LSI Special Volume 227 (4) the following shall be inserted after paragraph (9): "(10) performance of tests and examinations for the purpose of locating focal points of illness and follow-up on the efficacy of treatments."
Addition 14. The following shall be inserted after section 16 of the principal Law: of section 16A "Fees 16A. (a) The Minister of Agriculture may, upon consultation with the Nature Reserves Authority, impose by regulations, fees for licenses and permits given under this Law, and exemption from payment of all or part thereof. (b) The income from the fees shall serve as revenue of the Nature Reserves Authority."
YITZHAK SHAMIR RAPHAEL EITAN Prime Minister Minister of Agriculture
CHAIM HERZOG Dov SHILANSKY President of the State Speaker of the Knesset
228 (No. 73)
SALE (HOUSING) (AMENDMENT NO. 3) LAW, 5750-1990*
1. In section l'of the Sale (Housing) Law, 5733-1973' (hereinafter — the Amendment principal Law), the definition of "building regulation" shall be replaced by of section 1 the following: ""the building regulations" — the Planning and Building (Permit Application, Terms and Fees) Regulations, 5730-1970;".2
2. In section 3(d) of the principal Law, the words "a building regulation" Amendment shall be replaced by the words "the building regulations". of section 3
3. Section 4 of the principal Law shall be replaced by the following: Replacement of section 4 "Non• 4. (a) The seller failed to perform his obligations to the and conformity addition of purchaser, if one of the following has occurred: sections 4A and 4B (1) the housing or any thing in it (hereinafter — the housing) differ from the provisions of the specification, of an official standard or of the building regulations; (2) during the inspection period a non-conformity was discovered in the housing, unless the seller proves that the non-conformity was caused due to an act or omission on the part of the purchaser; (3) during the warranty period a non-conformity was discovered in the housing and the purchaser proved that it originated in the planning, in the work or in the materials;
* Passed by the Knesset on 2 Av 5750 (24 July 1990) and published in SH No. 1327 of 11 Av 5750 (2 August 1990), p. 184; the Bill and an Explanatory Note were published in HH No. 1996 of 11 Sivan 5750 (4 June 1990), p. 204. 1 [5733] SH 196, 27 LSI 213; [5735] SH 35, 29 LSI 42. 2 [5730] KT 1841. 229 (4) a fundamental non-conformity was discovered, even after the warranty period, on account of which the housing is not fit for its purpose; (5) in the particular circumstances the seller should have given the purchaser warnings as to special characteristics of the property or maintenance and use instructions, and they were not given or are not appropriate. (b) Non performance of an obligation as stated in subsection (a) shall be deemed non-conformity within its meaning in the Sale Law, 5728-1968.3 (c) For the purposes of this section — "fundamental non-conformity" — a non-conformity in parts of a building bearing and transferring loads of any kind to the land hearing the building and relating to the securing of its stability and safety; "inspection period" —- a period prescribed in the Schedule, commencing at the time when the housing was placed at the disposal of the purchaser; "warranty period".— a period of three years commencing at the end of the inspection period.
4A. (a) A purchaser shall be entitled to rely on non-conformity Notice'of '— non• conformity (1) which could have been discovered at the time of the housing being placed at his disposal, if he notified the seller about it within one year of the said time; (2) which could not have been discovered upon a reasonable examination at the time of the housing being placed at his disposal, if he notified the seller about it within a reasonable time after he discovered it.
3 [5728] SH 98, 22 LSI 107. Right to 4B. Where a remediable non-conformity or a fundamental remedy a non• non-conformity have been discovered, the purchaser shall give conformity the seller a suitable opportunity to remedy it and the seller shall remedy it within a reasonable time."
4. After section 7 of the principal Law the following shall be inserted: Addition of section 7A "Stipulation 7A xhe provisions of this Law shall not be stipulated against, — infavorof purchaser save m favor of the purchaser.
5. The contents of section 11 of the principal Law shall be marked (a) and Amendment of section the following shall be inserted thereafter: 11 "(b) The Sale (Housing) (Amendment No. 3) Law, 5750-1990, shall not apply to housing in a building the construction of which was completed or in respect of which the contract of sale was made prior to the publication thereof (hereinafter—the day of publication); the provisions of the Sale (Housing) Law, 5733-1973, shall apply to such housing, in its form prior to the day of publication."
6. After section 13.the following shall be inserted: Addition of Schedule "Schedule (1) Pipe system including heating system and drainpipes — two years; (2) penetration of dampness in roof, walls and shelter — three years; (3) machines, engines and boilers — three years; (4) peeling of coverings in staircases — three years; (5) subsidence of floor tiles on ground floor — three years; (6) subsidence of floor tiles in shops, sidewalks and paths in the area of the building — three years; (7) cracks through walls and ceilings —>- five years; (8) noticeable peeling of external coverings — seven years; (9) any other non-conformity which is not a fundamental non-conformity — one year."
YITZHAK SHAMIR ARIEL SHARON Prime Minister Minister of Building CHAIM HERZOG Dov SHILANSKY and Housing President of the State Speaker of the Knesset 231 (No. 74)
SECURITIES (AMENDMENT NO. 10) LAW, 5750-1990*
Amendment 1. In section 20(a)(6) of the Securities Law, 5728-19681 (hereinafter — the of section 20 principal Law), the words "financial reports and an accountant's opinion instead of reports and the opinions" shall be replaced by the words "financial reports, an opinion or review of the accountant who audited or reviewed them or of another accountant instead of those".
Replacement 2. Section 32 of the principal Law shall be replaced by the following: of section 32 "Liability 32. A person providing an opinion, report, review or of experts certification included or referred to in a prospectus with his prior consent shall be liable as stated in section 31(a) for damage caused by there having been a misleading particular in the opinion, report, review or certification he provided, and the prescription period for a claim under this section shall be as stated in section 31(b)."
Amendment 2 of 3. In section 1(a) the Securities (Temporary Provision) Law, 5750-1989, Securities the words "9 Av 5750 (31 July 1990)" shall be replaced by the words "14 (Temporary Tevet 5751 (31 December 1990)". Provision) Law
4. This Law shall come into effect on 10 Av 5750 (1 August 1990). Commence• ment YITZHAK SHAMIR YITZHAK MODAI Prime Minister Minister of Finance
CHAIM HERZOG Dov SHILANSKY President of the State Speaker of the Knesset
* Passed by the Knesset on 10 Av 5750 (1 August 1990) and published in SH No. 1327 of 11 Av 5750 (2 August 1990), p. 185; the Bill and an Explanatory Note were published in HH No. 2006 of 24 Tammuz 5750 (17 July 1990), p. 251. 1 [5728] SH 234, 22 LSI 103; 5729 [SH] 100, 23 LSI 110; [5731] SH 12, 25 LSI 10; [5733] SH 142, 27 LSI 154; [5738] SH 111 and 211, 32 LSI 139 and 272; [5741] SH 264, 35 LSI 319; [5744] SH 165, 38 LSI 228; [5747] SH 170, 41 LSI 176; [5748] SH 188,42 LSI 227. 2 [5750] SH 14 and 152, supra 15 and 188. (No. 75)
EMERGENCY REGULATIONS (PROTECTION OF EDUCATIONAL INSTITUTIONS) (EXTENSION OF VALIDITY) LAW, 5750-1990*
1. The validity of the Emergency Regulations (Protection of Educational Extension Institutions), 5734-1974' (hereinafter—the Regulations), is hereby extended of valldltv to 14 Adar 5751 (28 February 1991).
2. The Minister of Education and Culture, with the approval of the Education Power of and Culture Committee of the Knesset, may at any time, by order published early .. J J ' J r revocation in Reshumot, revoke all or part of the Regulations or restrict powers thereunder. 3. This Law shall come into force on 10 Elul 5750 (31 August 1990). Commence• ment
YITZHAK SHAMIR ZEVULUN HAMMER Prime Minister Minister of Education and Culture
CHAIM HERZOG Dov SHILANSKY President of the State Speaker of the Knesset
* Passed by the Knesset on 10 Av 5750 (1 August 1990) and published in SH No. 1327 of 11 Av 5750 (2 August 1990), p. 186; the Bill and an Explanatory Note were published in HH No. 1998 of 2 Tammuz 5750 (25 June 1990), p. 210. 1 [5734] KT1902; [5735] SH 18 and 196,29 LSI 25 and 259; [5739] SH 140,33 LSI 173; [5740] SH 153, 34 LSI 173; [5741] SH 334, 35 LSI 412; [5742] SH 178, 36 LSI 185; [5744] SH 2 and 146,38 LSI 3 and 197; [5745] SH 170,39 LSI 183; [5746] SH 246,40 LSI 264; [5747] SH 140,41 LSI 145; [5748] SH 126,42 LSI 134; [5749] SH 74,43 LSI 95. 233 (No. 76) EMPLOYMENT OF WOMEN (AMENDMENT NO. 11) LAW, 57504990*
Amendment j In secti0n 6 of the Employment of Women Law, 5714-1954,' after , .,״,.״״.״,.. of section 6 subsection (d) the following shall be inserted: "(e) (1) In the case of a female worker entitled to a maternity allowance under the National Insurance Law [Consolidated Version], 5728-1968,2 where she and her employer or solely her employer have made payments to secure a pension, the employer shall continue to make such payments for the period for which maternity allowance was paid, provided that the female worker paid the payments applying to her, if any, for the said, period to secure the said right, all at the rates and according to the wage as if the female worker had continued to work during the said period; (2) the contents of paragraph (1) shall apply to an employer where an employer-employee relationship existed between the employer and the female worker throughout the period of the pregnancy and the female worker worked for the employer for at least six months immediately prior to the commencement of the pregnancy; (3) the Minister, with the approval of the Labor and Social Affairs Committee of the Knesset, shall prescribe in regulations times and rules for payment of the amounts stated in paragraph (1); in such regulations the Minister may make different rules for an employer and a female worker."
YITZHAK SHAMIR YITZHAK SHAMIR Prime Minister Minister of Labor and Social Affairs CHAIM HERZOG Dov SHILANSKY President of the State Speaker of the Knesset
* Passed by the Knesset on 10 Av 5750 (1 August 1990) and published in SH No. 1328 of 19 Av 5750 (10 August 1990), p. 188; the Bill and an Explanatory Note were published in HH No. 2007 of 1 Av 5750 (23 July 1990), p. 261. 1 [5714] SH 154, 8 LSI 128; [5723] SH 133, 17 LSI 157; [5724] SH 166, 18 LSI 164; [5732] SH 119, 26 LSI 136; [5733] SH 260, 27 LSI 302; [5736] SH 254, 30 LSI 247; [5746] SH 67 and 141,40 LSI 66 and 151; [5748] SH 42,42 LSI 36; [5750] SH 173 and 178, supra 2\7 and 222. 2 [5728] SH 108, 22 LSI 114. (No. 77) : ,•
STATE ECONOMY (EMERGENCY ARRANGEMENTS) (AMENDMENT NO. 15) LAW, 5750-199»* ׳i'! '׳־״ •;••••••!•.: . • • . 1: In the State Economy (Emergency Arrangements) Law, 5746-1985' — Amendment of sections (1) in section 24, the words "an allowance point for his second child and 24 and 26 for" shall be deleted; ׳ .•׳•׳ v ׳׳׳ . (2) in section 26(4), in section 105(1) of the National Insurance Law, the words "for every additional child after his first child" shall be replaced by the words "for his third child"; (3) in section 26(5), in section 109(a)(1) of the National Insurance Law, subparagraphs (a) and (b) shall be replaced by the words "in: accordance with the value of one and a quarter allowance points — for the parent's third child"; (4) in section 26(6) — (a) in the heading of Article C after section 116 of the National Insurance Law, after the word "First" the words "and Second" shall
be inserted; : (b) in section 118(b) of the National Insurance Law, in the opening clause the following shall be inserted at the end thereof: "for each of his first two children"; (c) in section 119 of the National Insurance Law, the contents of subsection (b) shall be remarked (1), at its end the following shall be inserted: "for each of his first two children" and the following shall be inserted thereafter:
* Passed by the Knesset on 11 Av 5750 (2 August 1990) and published in SH No. 1328 of 19 Av 5750 (10 August 1990), p. 188; the Bill arid an Explanatory Note were published in HH No. 2010 of 10 Av 5750 (1 August 1990), p. 271. 1 [5746] SH 15,128,144,145,162,168,202and241,40LSI 15,137,153,155,172,177, 208 and 254; [5746] HT 10; [5747] SH 93 and 159,41 LSI 102 and 166; [5748] SH 72, 42 LSI 69; [5749] SH 28,43 LSI 28; [5750] SH 4 and 131, supra 5 and 162. "(2) an employee having in a particular month an income exceeding 95% of the average wage, but not exceeding 150% of the average wage, shall: be paid by his employer for that an amount equal; to. the ,value of one allowance point for׳mpnth
, the,secondchild.'„';. r. (d) in section 120(a) of the National Insurance Law, the following at its end: 'tor.each•of his first two children; and if׳shajlbe inserted ''. . his income as aforesaid exceeds 95% of the average wage but does hot exceed 150% of the average wage, he' shall'be entitled to the payment as aforesaid only for his second child"; (e) in section 121 of thé National Insurance Law, after the words "than three children" the words "for each of her first two children" shall be inserted and the following shall be inserted at the end thereof : "where the.aforesaid income was in excess of 95% of the average wage but not in excess of 150% of the average wage, the Institute shall pay her according to the value of one allowance point for her second child only";
(f) in section 122(a) of the National Insurance Law, the following . shall be inserted at its end: "for each of his first two children"; (5) in section 26, the following shall be inserted at its end: "(7) In table 14, in item 2, "100%" shall be replaced by "90%"."
Commence- 2. This Law, shall have effect from 10 Av 5750 (1 August 1990). ment
YITZHAK SHAMIR YITZHAK MODAI Prime Minister Minister of Finance "'־׳ ' ' 1
CHAIM HERZOG Dov SHILANSKY President of the State Speaker of the Knesset
236 (No. 78)
STATE SERVICE (BENEFITS) (AMENDMENT NO. 30) LAW, 5750-1990*
1. In section 32 of the State Service (Benefits) Law [Consolidated Version], Amendment of section 5730-1970' — 32 (1) in subsection (a), paragraph (1) shall be deleted; (2) subsection (g) shall be replaced by the following: "(g) The provisions of subsection (b) shall not apply in respect of the following: (1) a person entitled to double benefits, where one is a survivor's pension following the death of his spouse and the second is a retirement pension; (2) a person entitled to double benefits, where one is a retirement pension or survivor's pension following the death of his spouse and the second is an employment injury pension under the National Insurance Law."
2. This Law shall come into force on the first of the month after its Commence- publication and shall apply, from the day of its commencement, in respect j^jcaion also of a person who was entitled to a retirement pension or survivor's pension prior to its commencement.
YITZHAK SHAMIR YITZHAK MODAI Prime Minister Minister of Finance
CHAIM HERZOG Dov SHILANSKY President of the State Speaker of the Knesset
* Passed by the Knesset on 10 Av 5750 (1 August 1990) and published in SH No. 1328 of 19 Av 5750 (10 August 1990), p. 189; the Bill and an Explanatory Note were published in HH No. 2000 of 4 Tammuz 5750 (27 June 1990), p. 222. 1 [5730] SH 65, 24 LSI 57; [5750] SH 20, supra 24. 237 (No. 79)
STATE SERVICE (BENEFITS) (AMENDMENT NO. 31) LAW, 5750-1990*
Amendment 1. In the State Service (Benefits) Law [Consolidated Version], 5730-1970,' of section 20 the following shall be inserted after section 20(d): "(e) An employee as stated in subsection (d) who is entitled to an increase of the period of his service by virtue of section 100(b) for one of the following: (1) underground service abroad; (2) being a prisoner of Zion; (3) being a survivor of Nazi persecution; (4) being a bereaved parent or widow within their meaning in the Fallen Soldiers' Families (Pensions and Rehabilitation) Law, 5710- 1950;2 (5) medical and family grounds — shall be entitled to both increases, provided however that the period of service of the employee as thus increased shall not exceed twice the years of his actual service."
Commence• 2. This Law shall come into force on the first of the month after its ment and application publication, and shall apply from the day of its commencement in respect also of any person retiring prior to its commencement.
YITZHAK SHAMIR YITZHAK MODAI Prime Minister Minister of Finance
CHAIM HERZOG Dov SHILANSKY President of the State Speaker of the Knesset
* Passed by the Knesset on 10 Av 5750 (1 August 1990) and published in SH No. 1328 of 19 Av 5750 (10 August 1990), p. 190; the Bill and an Explanatory Note were published in HH No. 2003 of 16 Tammuz 5750 (9 July 1990), p. 236. 1 1 [5730] SH 65,24 LSI 57; [5748] SH 55,42 LSI 50; [5750] SH 20 and 189, supra 24 and 237. 238 2 [5710] SH 162,4 LSI 115. (No. 80)
PURCHASE TAX (GOODS AND SERVICES) (AMENDMENT NO. 10) LAW, 5750-1990*
1. In section 1 of the Purchase Tax (Goods and Services) Law, 5712-1952' ^eSTl' (hereinafter — the principal Law), the definitions of "sale by wholesale" and "consumer price" shall be replaced by the following: ""manufacturer" — a person whose business or part of whose business is manufacturing; "retailer" — a person whose business is the sale of goods manufactured by another solely to consumers, or also to persons not consumers, provided that the scope of sales to persons not consumers is insignificant or they are made only occasionally; "wholesaler" — a person whose business or part of whose business is the sale of goods manufactured by another to a person who is not a consumer; "consumer" — a person purchasing goods not for the purpose of sale or manufacturing, except a person in respect of whom it has been prescribed by order that he shall not be deemed a consumer; "sale by wholesale" — the sale of goods to a retailer, manufacturer or contractor, and also the sale of goods to a consumer in large quantities; "sale by retail" — the sale of goods by a, retailer;
"the VAT Law" — the Value Added Tax Law, 5736-1975;2
* Passed by the Knesset on 10 Av 5750 (1 August 1990) and published in SH No. 1328 of 19 Av 5750 (10 August 1990), p. 190; the Bill and an Explanatory Note were published in HH No. 1965 of 19Tevet 5750 (16 January 1990), p. 43. 1 [5712] SH 344, 6 LSI 150; [5714] SH 113, 8 LSI 95; [5718] SH 60, 12 LSI 72; [5722] SH 44,16 LSI 34; [5728] SH 157,22 LSI 180; [5731] SH 8,25 LSI 8; [5736] SH 214,30 LSI 210; [5744] SH 62, 38 LSI 80; [5746] SH 274,40 LSI 299; [5747] SH 159,41 LSI 166. 2 [5736] SH 52, 30 LSI 46. 239 "tax year" — a period of twelve consecutive months commencing on 1 January;
"adhering importer" — a person having a certificate under section 6A."
Replacement of section 4 2. Section 4 of the principal Law shall be replaced by the following: "Calculation 4. (a) The wholesale price of goods shall be the price paid on of sale by wholesale for those goods or for goods of the same wholesale price category, as the case may be, at the time of accrual of liability for tax under section 5(a) or (b), including — (1) any tax, levy, fee or other compulsory payment imposed on the sale, excluding tax under this Law and under the VAT Law; (2) any payment that under agreement the purchaser is obliged to pay, including a commission, interest on payment by installments or deferred payment, and payment for packing, carriage, transfer and warranty. (b) Notwithstanding the contents of subsection (a), if no more than 60 days elapsed from the time at which the sale of the goods was agreed upon to the time of liability for tax under section 5(a) or (b), the wholesale price for the goods shall be the price as stated in subsection (a) at the time when their sale was agreed upon; the Minister of Finance, with the approval of the Finance Committee of the Knesset, may prescribe another term instead of the said 60 day term.
(c) Notwithstanding the contents of subsection (a)(2), the Minister of Finance may prescribe, by order in respect of categories of goods sold by installment payments or deferred payment, that all or part of the interest paid shall not be included in the wholesale price of the goods."
Addition of 3. Section 4A of the principal Law shall be remarked 4F and the following sections shall be inserted before it:
"Wholesale 4A. (a) The provisions of this section shall apply price in notwithstanding the contents of section 4. special cases (b) (1) In the sale of goods of a category not sold in 240 Israel by wholesale, their wholesale price shall be the price paid for them to the manufacturer, but the Minister of Finance may prescribe in respect of such categories of goods that their wholesale price shall be the price that may be obtained for them on sale by retail, with a deduction at a rate prescribed by him for this purpose, and he may prescribe various rates of deduction for categories of goods.
(2) The rates of deduction referred to in paragraph (1) shall be determined according to the customary difference in respect of the same category of goods between their price on sale by wholesale and the price that may be obtained for them on sale by retail. (c) (1) In the sale of goods to a wholesaler, their wholesale price shall be the price paid for the goods on §ale by wholesale, but the Minister of Finance may prescribe in respect of categories of such goods that their wholesale price shall be the price paid for them by a wholesaler, with an addition at a rate prescribed by him for this purpose, and he may prescribe various rates of addition for categories of goods. ג (2) The rates of addition referred to in paragraph (1 ) shall be determined according to the customary difference in respect of the same category of goods between their price to a wholesaler and their price to a retailer. (d) In the sale of goods by retail, their wholesale price shall be the price paid for the goods on a sale by wholesale, but the Minister of Finance may prescribe in respect of categories of such goods that their wholesale price shall be the retail price paid for them, with a deduction at a rate prescribed by the Minister of Finance, and he may prescribe various rates of deduction for categories of goods; the provisions of subsection (b)(2) shall also apply to the rates of deduction under this subsection.
(e) In the sale of goods whose price is influenced by a special relationship between the seller and purchaser, or where their price has not been agreed upon, or all or part of the consideration for them is not in money, their wholesale price shall be the price as stated in section 4, and in the absence of such a price — the cost of the goods plus a profit customary in the particular industry. (f) The Minister of Finance may prescribe categories of goods whose wholesale price shall be the price paid for them to the manufacturer.
Wholesale 4B. (a) Notwithstanding the contents of sections 4 and 4A, price on the wholesale price of goods on import shall be their value as import stated in section 130 of the Customs Ordinance,3 plus the taxes applying to their import and with the addition of a rate prescribed by the Minister of Finance. (b) Notwithstanding the contents of subsection (a), the Minister of Finance may prescribe in respect of categories of goods on import that their wholesale price shall be the price which may be obtained for them on a sale by retail, with a deduction of a rate he shall prescribe, and he may prescribe various rates of deduction for categories of goods. (c) Notwithstanding the contents of subsections (a) and (b), the wholesale price of goods imported by an adhering importer selling them by wholesale, shall be the price as stated in sections 4 or 4A at the time when the liability for tax would have applied under the provisions of section 5(a) or (b), if sections 4 or 4A would have applied in respect of sale of the goods. (d) The Minister of Finance may prescribe categories of goods whose price on import by an adhering importer shall be their value as stated in section 130 of the Customs Ordinance, plus the taxes applying to their import, or shall be as stated in subsection (c).
Reporting 4C. (a) A dealer, including an adhering importer, shall on the wholesale calculate the wholesale price in accordance with the provisions price and of sections 4 or 4A and the regulations made for this purpose, the and shall report thereon to the Director in the manner Director's assessment prescribed in the regulations; however, the Director may, if
3 3NH39,1NV51. 242 he has reason to believe that the price reported to him is not the correct wholesale price for the goods, assess, according to his best judgment, the wholesale price for such goods according to the provisions of the said sections, and notify the dealer or adhering importer thereof. (b) The provisions of sections 5C, 5E to 5G and 5H(a) shall apply to an assessment under subsection (a).
Application 4D. The provisions of the Customs and Excise Duties of the 4 Customs (Variation of Tariff) Law, 5709-1949, shall apply to an order and Excise under section 4(c), and as well to an order prescribing Duties (Variation categories of goods or rates under sections 4A or 4B, as if the of Tariff) order were a determination under section 1 of the said Law. Law
Taxes 4E. For the purposes of sections 4 to 4C, the wholesale price shall not include tax under this Law and under the VAT Law."
4. The following shall be inserted after section 6 of the principal Law: Addition of section 6A "Certificate 6A. (a) Upon the application of an importer who has proved of adhering importer to the satisfaction of the Director that he satisfies the following conditions, the Director may certify him to be an importer adhering to the arrangement; the conditions are as follows: (1) he is a dealer within its meaning in the VAT Law, submits full and accurate reports on time and keeps records, documents and books, all under the provisions of this Law and under the VAT Law; (2) in the tax year prior to the year in which he filed his application to be certified as an adhering importer he imported goods the FOB value of which was at least 500,000 United States dollars, or another amount prescribed by the Minister of Finance; the Director may prescribe rules for calculating the price of goods stated in foreign currency;
(3) in the five years prior to the time when he filed his application to be certified as an adhering importer he was not
4 [5709] SH 154, 3 LSI 69. 243 convicted of a tax offense and no monetary composition or administrative fine was imposed on him for such an offense; for these purposes, "tax offense" — an offense under the enactments applying to an indirect tax as defined in the Indirect Taxes (Overpayments and Underpayments) Law, 5728-1968,5 an offense under the VAT Law or an offense under the Income Tax Ordinance;6 however the Director may, on special grounds to be recorded, decline to regard an offense for which an administrative fine has been imposed, as a tax offense. (b) The Minister of Finance may, with the approval of the Finance Committee of the Knesset, prescribe additional conditions for certification of an adhering importer.
Cancellation 6B. (a) The Director shall cancel the certificate of an adhering of importer if one of the following has occurred: certificate of an adhering (1) he has been convicted of a tax offense within its importer meaning in section 6A(a)(3), or a monetary composition or administrative fine has been imposed upon him for such an offense; (2) a final decision has determined that an assessment issued for him under section 4C was duly issued; for this purpose, "a final decision" — an assessment where no contestation or appeal were filed or where a contestation or appeal filed against it were dismissed.
(b) Cancellation of a certificate under subsection (a) shall be for five years from the day of conviction or of imposition of the monetary composition or administrative fine or of the final decision, as the case may be. (c) An importer who received a certificate as an adhering importer may request cancellation of the certificate, provided that at least one year has elapsed from the day on which he received the certificate.
5 [5728] SH 156, 22 LSI 178. 6 6NH 120,1 NV 145. 244 (d) An importer whose certificate was cancelled as stated in subsection (c) shall not be entitled to receive a certificate to be an adhering importer except after at least one year has elapsed from the day that the previous certificate was cancelled.
Status of an 6C. Where a body corporate has received a certificate as an adhering importer adhering importer and its certificate was cancelled under which is a section 6B(a), the Director shall not approve an application corporate for a certificate as an adhering importer submitted by another body body corporate the members of which are members of the body corporate whose certificate was cancelled or some of those members, if the application was submitted within five years of the day on which the certificate was cancelled."
5. In section 31 of the principal Law, after paragraph (9) the following Amendment of section shall be inserted: 31 "(10) rules in respect of an adhering importer regarding keeping of account books, entries and forms relating to the arrangement and rules in respect of the wholesale price of an adhering importer."
6. This Law shall come into effect on 15 Tevet„-5751 (1 January 1991). Commence• ment
YITZHAK SHAMIR YITZHAK MODAI Prime Minister Minister of Finance
CHAIM HERZOG Dov SHILANSKY President of the State Speaker of the Knesset
245 (No. 81)
BASIC LAW: THE KNESSET (AMENDMENT NO. 11)*
Amendment 1. In section 46 of the Basic Law: The Knesset,1 the words "at every stage of section 46 of law-making, except a debate on a motion for the Knesset agenda" shall be replaced by the words "at the first reading, second reading and third reading".
Commence• 2. This Law shall have effect from the day of commencement of the Basic ment Law: The Knesset (Amendment No. 3).2
Confirmation 3. For the removal of doubt, it is hereby determined that any Law to amend of validity section 4 of the Basic Law: The Knesset adopted prior to the commencement of this Basic Law and in regard to which the Knesset plenary decided at the first, second and third readings by a majority of the members of the Knesset, shall be valid from the day of its publication, for any matter of law and for all intents and purposes, even if the decision of the Knesset plenary at the preliminary debate on that Law was by an ordinary majority.
YITZHAK SHAMIR Prime Minister
CHAIM HERZOG Dov SHILANSKY President of the State Speaker of the Knesset
* Passed by the Knesset on 11 Av, 5750 (2 August 1990) and published in SH No. 1329 of 19 Av 5750 (10 August 1990), p. 196; the Bill and an Explanatory Note were published in HH No. 2011 of 10 Av 5750 (1 August 1990), p. 280. 1 [5718] SH 69,12 LSI 85; [5719] SH 146,158 and 210,13 LSI 155,167 and 228; [5727] SH 24, 21 LSI 14; [5734] SH 108, 28 LSI 112; [5740] SH 160, 34 LSI 177; [5741] SH 168 and 168, 35 LSI 190 and 192; [5747] SH 120,41 LSI 129. 2 [5719] SH 210,13 LSI 228. (No. 82)
PENAL LAW (AMENDMENT NO. 30), 5750-1990*
1. In the Penal Law, 5737-1977' (hereinafter — the principal Law), in Amendment of section section 345, after subsection (b) the following shall be inserted: 345 "(c) In this article — "a person who has sexual intercourse" — a person causing an organ of the body or an object to penetrate the sexual organ of a woman; "minor" — as defined in the Capacity and Guardianship Law, 5722- 1962."2
2. In section 346 of the principal Law, subsection (b) shall be deleted and Amendment of section subsection (c) shall be remarked (b). 346
3. In section 347 of the principal Law— Amendment of section (1) the following shalljie inserted after subsection (a): 347 "(al) A person who commits an act of sodomy upon a person who has completed his eighteenth year, while taking advantage of his authority in employment relations or in any service, shall be liable to imprisonment for three years."; (2) subsection (c) shall be replaced by the following: "(c) For the purposes of this article, "act of sodomy" — penetration of the sexual organ of a man into the anus or mouth of any person or causing the penetration of an object into the anus of any person."
* Passed by the Knesset on 11 Av 5750 (2 August 1990) and published in SH No. 1329 of 19 Av 5750 (10 August 1990), p. 196; the Bill and an Explanatory Note were published in HH No. 2001, pp. 223 and 229. 1 [5737] SH 226, LSI Special Volume; [5748] SH 62,42 LSI 57; [5750] SH 10, supra 9. 2 [5722] SH 120,16 LSI 106. Replace- 4 Section 348 of the principal Law shall be replaced by the following: ment of section "indecent 348. (a) A person who commits an indecent act upon a person set in one of the circumstances enumerated in section 345(a)(1) to (4), mutatis mutandis, shall be liable to imprisonment for seven years. (b) A person who commits an indecent act upon a person in one of the circumstances enumerated in section 345(b)(1) to (5), mutatis mutandis, shall be liable to imprisonment for ten years. (c) A person who commits an indecent act upon a person without his consent, but not in the circumstances enumerated in section 345, shall be liable to imprisonment for three years. (d) A person who commits an indecent act upon a person who is a minor who has completed his fourteenth year, while taking advantage of a relationship of dependency, authority, education, supervision, employment or service, shall be liable to imprisonment for four years. (e) A person who commits an indecent act upon a person who has completed his eighteenth year, while taking advantage of authority in employment relations or service, shall be liable to imprisonment for two years. (f) In this article, "indecent act" — an act for the purpose of sexual stimulation, gratification or abasement."
Replacement ^. Section 349 of the principal Law shall be replaced by the following:
of section ^'Public 349. (A) A person who commits an indecent act in public in indecent act front of another person, without his consent, or who commits such an act in any place by taking advantage of a relationship of dependency, authority, education, supervision, employment or service, shall be liable to one imprisonment for one year. (b) A person who commits an indecent act in any place, in front of a person who has not yet completed his sixteenth year, shall be liable to imprisonment for three years."
248 6. After section 350 of the principal Law the following shall be inserted: Addition of section 'Sexual 351. (a) A person who commits an offense of rape under 351 offenses in section 345(a) or of sodomy under section 347(b) upon a the family person who is a minor, and who is a member of his family, shall be liable to imprisonment for twenty years. (b) A person who has sexual intercourse with a woman who has completed her fourteenth year and has not yet completed her twenty first year or who commits sodomy upon a person who has completed his fourteenth year and has not yet completed his twenty first year, and he is a member of their family, shall be liable to imprisonment for sixteen years.
(c) A person who commits an indecent act upon a person who is a minor and is a member of his family shall be liable
(1) in the case of an offense under section 348(a) — to imprisonment for ten years; (2) in the case of an offense under section 348(b) — to imprisonment for fifteen years; (3) in a case which is not one of those enumerated in paragraphs (1) and (2) — imprisonment for five years. (d) A person who commits an indecent act in front of a person who is a minor, in any place and he is a member of his family, shall be liable to imprisonment for four years. (e) For the purposes of this section — "step-brother or step-sister" — the offspring of the spouse of a parent, residing with the person upon whom an offense under this article has been committed; "member of one's family" — (1) a parent; the spouse of a parent, even if not married to him; a grandfather or grandmother; (2) a person who has completed his fifteenth year and is one of the following: brother or sister; step• brother or step-sister; aunt or uncle; brother in law
249 or sister in law. However, for the purposes of an offense of unlawful sexual intercourse under subsection (b) or of an indecent act under subsection (c)(3) committed upon a person who has completed his sixteenth year, an uncle or aunt, brother in law or sister in law shall not be included within the definition of "member of one's family":
Amendment 7. In section 368D(g) of the principal Law, the following shall be inserted of section 368D at its end: "unless immediate action is required which cannot be delayed; any such immediate action cannot negate the duty to transmit the information to a welfare officer and to consult with him thereafter".
Amendment 8. In the Youth (Care and Supervision) Law, 5720-1960,3 after section 8 of Youth (Care and the following shall be inserted: Supervision) Law "Summons 8A. Where the Court has summoned a person responsible for of person responsible a minor to appear before it in a proceeding under this Law for minor and the person responsible for the minor fails to appear, the Court may order him to be brought and the provisions of sections 73 to 73B of the Courts Law [Consolidated Version], 4 5744-1984, shall apply in this matter, mutatis mutandis."
YITZHAK SHAMIR YITZHAK SHAMIR Prime Minister Minister of Finance
CHAIM HERZOG Dov SHILANSKY President of the State Speaker of the Knesset
3 [5720] SH 52,14 LSI 44. 4 [5744] SH 195, 38 LSI 271; [5745] SH 138, 39 LSI 148. 250 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>0• ו100ו40מ3^22 ~~ *