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Laws of the State of Israel

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Laws of the State of Israel LAWS OF THE STATE OF ISRAEL VOL. 34 5740—1979/80 FROM 3rd CHESHVAN, 5740—24.10.79 to 17th Av, 5740-30.7.80 Authorised Translation from the Hebrew Prepared at the Ministry of Justice ISSN 0334—3383 PUBLISHED BY THE GOVERNMENT PRINTER JERUSALEM Distributors: Government Publications Service 29, David Eleazar Street, Hakirya — P.O.B. 7103 Tel Aviv LAWS OF THE STATE OF ISRAEL VOL. 34 5740-1979/80 FROM 3rd CHESHVAN, 5740-24/10/79 to 17th AV, 5740-30/7/80 Authorised Translation from the Hebrew Prepared at the Ministry of Justice ISSN 0334—3383 PUBLISHED BY THE GOVERNMENT PRINTER JERUSALEM Distributors: Government Publications Service 29. David Eleazar Street. Hakirya — P.O.B. 7103 Tel Aviv CONTENTS Page Laws 3 Budget Laws 269 Index of Laws in the Order of the Dates of Their Adoption . ... 291 Alphabetical Index of Laws 296 EXPLANATIONS: I.R. (!ton Rishmi) — The Official Gazette during the tenure of the Provisional Council of State Reshumot — The Official Gazette since the inception of the Knesset Sections of Reshumot referred to in this translation: Yalkut Ha-Pirsumim — Government Notices Sefer Ha-Chukkim — Principal Legislation Chukkei Taktziv — Budgetary Legislation Kovetz Ha-Takkanot — Subsidiary Legislation Hatza'ot Chok — Bills Chukkei Taktziv — Budget Bills (Hatza 'ot) Dinei Yisrael (from — The revised, up-to-date and binding No. 2; Dinei Hebrew text of legislation enacted Medinat Yisrael) before the establishment of the State (Nusach Chadash) P.G. (Palestine Gazette) —The Official Gazette of the Mandatory Government Laws of Palestine — The 1934 revised edition of Palestine legislation (Drayton) LSI (Laws of the State — The English translation of laws of of Israel) which this volume forms part JVV (Laws of the State of — Ah English edition of the revised text Israel (New Version)) of pre-State legislation (see above) LAWS (No. 1) PUBLIC SERVICE (GIFTS) LAW, 5740-1979 1. In this Law — Definitions. "public servant" means the holder of a post or assignment on behalf of the State and includes a soldier within the meaning of the Military Justice Law, 5715—19551; "gift" means the transfer of any asset without consideration or the rendering of any service or other benefit without consideration. 2. (a) Where a gift is made to a public servant qua public servant — How to deal with gift to public whether in Israel or abroad and whether to himself or to his spouse living servant. with him or his child maintained by him — and he does not refuse it and does not return it immediately to the giver, it shall become the property of the State; and where the gift is not property, the public servant shall pay its value to the Treasury. (b) Subsection (a) shall not apply to — (1) a reasonable gift of little value made in accordance with what is customary in the circumstances of the case; (2) a gift from fellow workers, colleagues in the service or persons on the same assignment; (3) a prize awarded to a public servant, for his achievements, out of the Treasury or a prize so awarded otherwise than out of the Treasury if the award is published in a manner prescribed by regulations. (c) A gift which has become the property of the State and an amount paid under subsection (a) shall be returned to the giver or made over to the public servant or otherwise dealt with, as shall be prescribed by regulations. 3. (a) Where a public servant receives a gift to which section 2 applies, he Duty of public servant. shall report it and shall deal with it within the time and in the manner prescribed by regulations. (b) A public servant who knowingly fails to fulfil a duty imposed on him by subsection (a) shall be liable to a fine of treble the value of the gift on the date of its receipt or the date of the convicting judgment, whichever is more. * Passed by the Knesset on the 3rd Cheshvan, 5740 (24th October, 1979) and published in Sefer Ha-Chukkim No. 944 of the 11th Cheshvan, 5740 (1st November, 1979), p. 2: the Bill and an Explanatory Note were published in Hatza'ot Chok No. 1323 of 5738, p. 86. 1 Sefer Ha-Chukkim of 5755. p. 171; LSI vol. IX. p. 184. 3 (c) The Minister of Justice may prescribe by regulations cases in which a monetary composition may be accepted from a public servant who has failed or is suspected of having failed to fulfil a duty imposed on him by subsection (a). The amount of the composition shall not exceed the maximum fine which may be imposed for the offence. Where a composition is accepted, any legal. proceeeding in respect of the offence shall be discontinued; where an information has been filed, a composition shall not be accepted so long as the Attorney-General has not announced a stay of the proceedings. Applicability 4. (a) This Law shall also apply to the holder of a post or assignment on to other public behalf of a local authority or a religious council. servants. (b) The Minister of Justice may, by order, with the approval of the Constitution, Legislation and Juridical Committee of the Knesset, make this Law applicable to the. holder of a post or assignment on behalf of a body established by Law or on behalf of any of the various categories of Government companies, within the meaning of the Government Companies Law, 5735—1975 (c) In relation to the holder of a post or assignment on behalf of a local authority or religious council or a body to which this Law has been made applicable under this section, the State and the Treasury shall, for the purposes of this Law! be; respectively replaced by the local authority, religious council or body on behalf of which he holds the post or assignment and by the fund thereof. Saving of 5. This Law shall not derogate from Article Five of Chapter Nine of the laws. Penal Law, 5737—19772, or from any obligation or prohibition imposed on a public servant by some other enactment or in any other manner. Amendment of 6. In the Penal Law, 5737—1977, the following paragraph shall be added Penal Law. at the end of section 5 (b): "(15) the Public Service (Gifts) Law, 5740—1979". Implementation 7. The Minister of Justice is charged with the implementation of this Law and regulations. and may, with the approval of the Constitution, Legislation and Juridical Committee of the Knesset, make regulations for its implementation and, infer alia, regulations concerning — '. (1) matters which according to this Law are to be dealt with by regulations; 1 Sefer Ha-Chukkim of 5735, p. 132; LSI vol. XXIX, p. 162. 2 Sefer Ha-Chukkim of 5737, p. 226; LSI Special Volume: Penal Law. 5737-1977. 4 (2) rules of conduct for public servants as to the acceptance, refusal i and immediate return of gifts; (3) the expenses of delivering up a gift to the State and conditions under which a gift shall be left with the recipient or another person as a deposit. 8. This Law shall come into force six months from the date of its Commencement, publication. SHMUEL TAMIR ׳ MENAHEM BEGIN Prime Minister , Minister of Justice YlTZCHAK NAVON President of the State 5 (No. 2) BASIC LAW : THE GOVERNMENT (AMENDMENT No. 2)* Amendment of 1. In section 5 of the Basic Law: The Government1, the words ' 'One of the section 5. Ministers may be Deputy Prime Minister" in subsection (c) shall be deleted and the following subsection shall be added: "(d) One or two of the Ministers may be a Deputy Prime Minister or Deputy Prime Ministers.". Commencement. 2. This Law shall come into force upon its adoption by the Knesset. MENAHEM BEGIN Prime Minister . YlTZCHAK NAVON President of the State * Passed by the Knesset on the 16th Cheshvan, 5740 (6th November. 1979) and published in Sefer Ha-Chukkim No. 945 of the 24th Cheshvan, 5740 (14th November. 1979), p. 6; the Bill and an Explanatory Note were published in Hatza'ot Chok No. 1423 of 5740. p. 50. 1 Sefer Ha-Hukkim of 5728, p. 226 — LSI vol. XXVII, p. 257; Sefer Ha-Hukkim of 5733, p. 236; LSI vol. XXVIII, p. 25. 6 (No. 3) PUBLIC HEALTH ORDINANCE (AMENDMENT No. 6) LAW, 5740—1979 * hereinafter referred to as "the Replacement of) 1940׳ ,In the Public Health Ordinance .1 principal Ordinance"), section 4 shall be replaced by the following section: section 4. "Notifications. 4. (1) The Minister of Health may by regulations, with the approval of the Labour and Social Affairs Committee of thé Knesset, make it a duty to notify the issue or extraction of a dead embryo or foetus from the mother's womb. Regulations as aforesaid shall prescribe who shall make the notification and within what time, in what cases and manner and to whom it shall be made. (2) A Government Physician or an Inspector may, at any time after the passage of forty-eight hours from the event in respect of which .the duty referred to in subsection (1) has been prescribed, request any person bound to make the notification to deliver information, to the best of his knowledge and belief, concerning the matters he is bound to notify, and such person shall comply with the request.". 2. In section 8 of the Ordinance — Amendment of section 8. (1) in subsection (1) — (a) paragraph (/>) shall be replaced by the following paragraph: "(b) A physician of the District Health Office in the area of which the deceased died or is to be buried and a physician empowered by the Director in writing after consultation with the District Physician and practising medicine, or residing, in the locality in which the deceased died or is to be buried may issue a burial permit.
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