LAWS OF THE STATE OF ISRAEL
VOL. 4 5710—1949/50
FROM 22nd CHESHVAN, 5710—14.11.49 TO 27th AV, 5710—10.8.50
Authorised Translation from the Hebrew, Prepared at the Ministry of Justice
PUBLISHED BY THE GOVERNMENT PRINTER LAWS OF THE STATE OF ISRAEL
VOL. 4 5710—1949/50
FROM 22nd CHESHVAN, 5710—14.11.49 TO 27th AV. 5710—10.8.50
Authorised Translation from the Hebrew, Prepared at the Ministry of Justice
PUBLISHED BY THE GOVERNMENT PRINTER CONTENTS
Laws ... ••• ...... List of LawB in the Order.of Their Dates of Publication
Alphabetical Index of Laws ...
Effects on Earlier Legislation of Laws Enacted during the Year
EXPLANATIONS
I.R. {!ton Rishihi) The Official Gazette during the tenure of the Provisional Council of State.,
Reshumot The Official Gazette since the inception of the Knesset. Yalkut Ha-PiTsumim
Sefer Ha-Chukkim The sections of Reshumot containing, respect ively, Government notices, principal legislation Kovetz .Ha-Takkanot subsidiary legislation, and Bills. Hatza'ot Chok
P.G. (Palestine Gazette) The Official Gazette of the Mandatory Govern• ment of Palestine.
LSI Laws of the State of Israel. MQL 1 EMERGENCY LAJSTD BEQUI8ETIOM (REGOLATIOST) LAW.
CHAPTEB- ONE: GESEMMM Infeespicta-
1 "tffBe Off) |1׳UaUmiffi"' HUBcClIttutes !Ifliinyifl flfjff gmny fn^ffajgygiry flUT ttfEDKHIinE StBDElE flUffiy BrimiTilliitlrftflig"*
TTTTJI Ott2&89r ftBitinffl^ ffiiyiflqfl ftBlKB Ifemnyffl JfilirjflE Mirny ]prTPH^ffllTTi off ttfiu© ffi£SBi0 ttfllffl 9£EftsB&0SO Of A
;aumtfl amy migB&ttn sn&torsstt car ©aarenmEiinft ina OC ©WOT• flanuffl mimdl ™wrfbwflW amny grantt off smcfia a bansHiiig or ״rairy,, TOMEBII is ffiacsi to *BM* 2aumaS ttBos ^mranft nnse off a ^w^Bs^-wnesmt, bnnsinesa ^״״״1^«״״ ifliTacttDinre^ Bwmtt (fimca jmrxft! ""ttsujiDE off ff^nfflffl ^|ftiTtwf-*y™*ffp^w a jo&niiidL in, wfottcfci a sttstft© off ^ig|nwff|H{yMn|*fy exists in (tfliffi Stale BDW \riurttone tuff a dedtaunkftuiam amalflr TO^t™ 9{[a)) ®f fr^f JLaw ami Admi- e ffSiniTOmmmnwwmtt: DUD&TP araraHinrjft {b| Aon a^paiffijMimfflnitt amoaleir ttMs sgacfrngnm nnaiy be gemnHraH 3. M A caiaimipcftffiantt aiiAntty sftatM matt; nnraikffi a Eanmafl, n^iuiiisottosiiia oifar car bomsing Bmma for cxefrise of .saws nm a tt&nm© CTAFHMI TWO= BB^rasinriON OF LAND 4_ (a) A c«iiptottiX amnttEoninrfty HuH3iyn Buy off flauntul. Snocfiii ami mmtor ^&aim Que caHBol. a " reqassitioa jHKEEssesayinini diiff fiamidl inn ^WrD'tfyrft of whicli a Dsunnffl gtp^pnmtiiij mn^n (mnHlfflr Bnjiy bc£o& ^nro*^^,, so Rini"^ as ttBiie dunScr is inn Somcc,, he, asodl omJIy fius^, nnoay dwaciiDjp)^^ ose autw ttSne lbpin>fifln ssttBusir Bmunnsdlff 5. Tine aiasS tiBoe mmltea fflnanfaf ttlaeffB- a Daufflfil in^rgKjprtttTwnnt cun^cir as if far ftfinffl BamaflS BKBttl BD^HDI of Hand. ,!,niDto-timn* wBndiBiicr hj TinrttimE aiff anme S (b) Where land has been requisitioned under a land1 requisition order and-the' time of emergency expires, the order shall automatically expire six ,.months after the day of expiration of the time of emergency. CHAPTEB THREE: HOUSING Housing 7_ (a) A competent authority may, by order under his hand, order the occupier orders. of a house to surrender the house to the control of a person specified in the order, for residential purposes or for any other use, as may be prescribed in the order. Such an order shall be called a "housing order", and the person in whose favour it is made shall be called the "tenant". (b) Where a housing order has been made in respect of any house, the tenant, and only the tenant, inoy enter and occupy the house and use it for the purpose prescribed in the order. (c) A competent authority Bhall not make. a housing order, in respect of any house where the carrying into effect of the order will involve the displacement of the lawful occupier, unless he has, or is given, alternative housing. Tenant's 3. Where a housing order has been made in respect of a house to which the duties and 1 rights in Bent Bestrictions (Dwelling-Houses) Ordinance, 1940 ), applies (such a house respect of.a being hereinafter referred to as a "dwelling-house"), and the tenant is in occupa• dwelling- house. tion, then — (a) 'as from the day on which the tenant entered the dwelling-house and so . long as he is in occupation — (1) he shall pay the owner of the dwelling-house a rent equal to the standard rent within the meaning of the said Ordinance; (2) he and the owner of the dwelling-house shall abide by the conditions set out in the Schedule to this Law as if t'hey had bound themselves by contract to abide by them; ' (b) the provisions of section 8 of the said Ordinance Bhall apply to the dwelling- house with the following modifications and adaptations: (1) the word "tenant" shall be deemed to refer to a tenant within the meaning of this chapter; (2) the words "rent at the agreed rate as modified by this Ordinance", shall be deemed to refer to the standard.rent; (3) the words "the other conditions of the tenancy" shall be deemed to refer to the conditions set out in the Schedule to this Law; (4) subsection (3)' shall not apply; (c) the tenant may apply to a Bents Tribunal under the said Ordinance as if he were the lessee of the dwelling-house: Tenant's 9. Where a housing order has been made in respect of a house to which the duties and rights in Bent Bestrictions (Business Premises) Ordinance, 19412), applies (such a house respect of being hereinafter referred to as "business premises"), and the tenant is in occupa• business tion, then —. premises. (a) as from the day on which the tenant entered the business premises and so long as he is in occupation — (1) the tenant shall pay the owner of the business premises a rent equal to the maximum rent, as fixed under section 6(1) of the said Ordinance; (2) the tenant and the owner of the business premises shall abide by the 3) P.O. No. 1065 of the 20th December, 1940, Suppl. I, p. 289 (English Edition). 2) P.G. No. 1086 of the 31st March, 1941, Suppl. I, p. 19 (English Edition). 4 cmwtiftwma•sjfc'rootMinatha; Schedule1 to •this Law as'it they had bound.- <׳.•}. "'׳'.'' •>" * '•:''׳' ׳•' "-• i-׳themselves by'omtract I tor abide• by thenv; t • ^ (6) the provisions of section 4 of the said Ordinance shall apply to business premises with the'following modifications: and adaptations:''• ' •1> 0) the word -,,tenant"f shall' be• deemed to refer to a tenant within the ׳ '''' ' J,,,* ''׳ '•־ :' • meaning'of*this'chapter; •"^•V "'•-־-• (2) the words "notwithstanding that such tenant's contract "of tenancy ' '"' "',־' • 1 ' '''"'־'' /has exj^ired" shall be ignored;1 r' "'׳'•' (3) lhe' words" **any Verm of any agreement of tenancy1 in respect of such premtsea" shall be deemed to refer to any of the conditions set out in the "*" ־-''•'' ׳''׳''•׳' ;Schedole'to tfc&'Law ?• -i i ׳׳ •••• •׳׳״• •׳•• H ,: r -. ,. -,.! !• ! i,•. . . ..־ i i C-tt subsection (3) shall'not apply; ' . >• ' ' '• ־. • .»•. ,•׳'...'"'. •>:'. • 5.1» ! . : .׳ - . 1 (fe) tlto tenant may apply under the said Ordinance to a Rent Commissioner , as iff foewer e the lessee of the business premises. '.״.׳;׳ u־ . .־ •<• • '• • .:** n •׳׳,׳•' .a;m<״ JJ_ Where a housing order has been made in respect of any house, and the tenant Voiding of has entexed the house, any contract made before the tenant's entry for the letting certain contracts. of (the house, to a person not in occupation shall be regarded as void and shall not serve,as a basia for a claim for compensation or for any other claim; however, such m peasam may chum, in the manner in which an ordinary civil debt is claimed, the iretatdl ,of any consideration paid by him. to or in favour! of the owner or occupier Fixing of ::, ׳ .-.„ ;, .—,W, In this section .12 legal rent. "the landlord" means the. person 1entitled to receive the rent of the house; "the legal rent" means the'rent*which the tenant' is bound to pay under section 8(a)(1) or section 9(a)(1), as the cose may be; ftbj Where a housing order has been made in respect of a dwelling-house or baaimeas premises, and the tenant has entered the dwelling-house or business pre- raises,, tike landlord may at any time send the tenant a written notice, hereinafter ffeffanredl to as "rent notice", notifying him of the rate of the legal rent. (e) P) Where the tenant of a dwelling-house receives a rent notice as afore said, he may, within thirty days from the day on which he receives it, apply to a Rents Tribunal, within the meaning of the Rent Restrictions CBweiling-Houses) Ordinance, 1940, for the fixing of the rate of the legal malt, and such rate shall be fixed in accordance with, the provisions of 'Hike said Ordinance, even if on the ,1st of Adar, 6700 (10th February, 1940), thedneUing-hoase was let. ", PS 'Where .'the tenant of business'premises !receives a rent notice as aforesaid, he may, within thirty days from the day on which he receives it. apply to a Rent Commissioner within the meaning of the Rent Restric tions (Btrsinesa Premises) Ordinance, 1041, for the fixing of the rate of the legal rent, and such rate shall be fixed in accordance with the pro• TOMBS of the said Ordinance. 5 Compensation (Defence) Ordinance, 1940, up to the day of renunciation, and the owner of the land shall be entitled to the compensation due to •the occupier in respect thereof under the said Ordinance for any period subsequent to the day of renunciation; and upon the expiration of the order, the right to occupy the land shall vest in the owner; (2) if the occupier has not renounced as aforesaid, he shall be entitled to the compensation due to the occupier in respect of the land under the said Ordinance, and upon the expiration of the order the right to occupy the land shall revert to him on the same conditions on which he occupied the land at the time of the making of the order, unless a competent court otherwise directs. (c) Where a house has been requisitioned under a housing order, then — (1) if the occupier has renounced under section 14, he shall be entitled to the rent payable by the tenant under this Law np to the day of re• nunciation, and the owner of the house shall be entitled to the rent payable by the tenant under this Law in respect of any period subsequent to the day of renunciation, and upon vacation of the house by the tenant the right to occupy the house shall vest in the owner; (2) if the occupier has not renuonced as aforesaid, he shall be entitled to the rent payable by the tenant as aforesaid, and upon vacation of the house by the tenant, the right to occupy the house shall revert to the occupier on the same conditions on which he occupied the house at the time of the making of the order, unless a competent court otherwise directs. (d) Subsection (c) shall apply to a house other than a dwelling-house or bu• siness premises as if the words "upon vacation of the house by the tenant"• were replaced by the words "and upon expiration of the housing order". (e) Where the occupier is a sublessee, the provisions of this section shall apply as. if the principal lessee were the owner of the land or the house; but if the sublessee has renounced his rights as aforesaid, the principal lessee may, within three months from the day on which notice of the sublessee's renunciation is served upon him, likewise renounce his rights in the land or the house by written notice to a competent authority and to the owner, and the provisions of this section shall thereupon apply as if he principal lessee had been in occupation at the time of the making of the order. CHAPTER FIVE: APPEALS 16'. (a) When the Government has appointed a competent authority, the Minister Appeal of Justice shall appoint an appeal committee or appeal committees for the purpose committee, of this Law. (b) The appointment of an appeal committee may be for the whole country or restricted as to the area of jurisdiction. (c) Every appeal committee' shall consist of three members. A district court judge or a magistrate shall be appointed chairman of the committee. (d) Notice of every appointment under this' section and of the address of every appeal committee shall be published in Reshumot. 17. (a) A person who considers himself aggrieved by an order of a competent Appeal, authority, may appeal to an appeal committee within fourteen days from the day on which the order was served on him or, if it has not been served on him, within fourteen days from the day on which it cameNto his knowledge. 1 (b) The chairman of an appeal committee may.extend the period of appeal if he is satisfied that there is sufficient reason for doing so. (c) The appeal shall be lodged with the appeal committee in writing in two copies; one copy shall be forwarded by the committee to the competent authority who made the order. (d) The lodging of appeal against a land requisition order or a housing order shall not delay the carrying into effect thereof unless the chairman of the appeal committee so orders. " • (e) An appeal committee which deals with an appeal against, an order, made under this Law may confirm the order, with or without modifications, or cancel it. A committee which confirms an order, with or without modifications, may do so on such conditions as it may think fit; provided that it shall not determine any• thing the determination of which is entrusted to a tribunal acting under the Com• pensation (Defence) Ordinance, 1940, or a rents tribunal acting under the Bent Restrictions- (Dwelling-Houses) Ordinance, 1940, or a rent commissioner acting under the Bent Bestrictions (Business Premises) Ordinance, 1941. Pre-condition 13. (a) An appeal committee shall not confirm a land requisition order or a to confirmation housing order, with or without modifications, unless it is satisfied that the order of orders. is necessary for any of the purposes mentioned in section 3(b). (b) The fact that the competent authority who made the order was satisfied that the making of the order was necessary for any of the purposes mentioned in section' 3(b) shall not in itself be sufficient to satisfy the appeal committee that the order is necessary as. aforesaid. Appeal 19. (ft) An appeal committee shall have power — committee — procedure. (1) to obtain any written or oral evidence which it may deem necessary or expedient and to examine as a witness any person whom it may deem necessary or expedient to examine; (2) to require any witness to,give evidence on oath or affirmation; and such oath or affirmation shall be the same as might be required of him if he were giving evidence before a court of law; (3) to summon any person to appear at any of its meetings for the purpose of; giving evidence or of producing any document in .his pos• session, and to examine him as a witness or to require him to produce any document in. his possession; (4) to make an order compelling the attendance of a person who, having been required to appear before it, has failed to do so and has not justified himself to its satisfaction, to order him to pay all the expenses caused by compelling his attendance or by his refusal to answer the summons, and to impose on him a fine.not exceeding ten pounds; (5) to impose a fine not exceeding ten pounds on any person who, having been required by it to give evidence on oath or affirmation or to produce a document, has refused to do so and has not justified his- refusal to its satisfaction; provided that a witness who refuses to answer a question on the ground that he might incriminate himself thereby shall not be required to answer that question and shall not be liable to a fine for not .answering it; ' (6) to admit any written or oral evidence even if it would not be admis• sible in a civil or criminal proceeding; ' (7) to admit or not to admit the public to its meetings; (8) to award to any person who appears at any of its meetings such amount or amounts of money as in its opinion he has expended in conse• quence of his appearance at the meeting. 8 ' v.(b) An appeal committee ana far as it .• y״ ::.:,':'••׳' :;thw made.: thereunder״prescribed by;׳is npt. CHAPTER SIX: :MISCELLANEOUS PROyiSiONS:• ־ Notice of • 20. Every order of a'competent authority under this. Law shall set out the pro right; of visions of section. 17 concerning the right and period of appeal against the order, appeal. - as well as the manner of lodging such appeal and the address of the appeal com mittee. 8ervioe of 21. •(*)' An• order under this Law shall be delivered into the hands of. every orders. ' person whose rights are affected by it. (b) Where personal delivery is impracticable, the order shall be deemed to have been served if — (1) it has been published in Reshumot or in a daily newspaper and (2) it has been sent' by registered post to the person for whom it is in tended at the address of his ordinary or laét place of residence or business or posted up in a conspicuous position on or near the land, or on or in the house, to which it relates. (c) An order published in Reshumot or in a daily newspaper and sent by registered post, as specified in subsection (b), shall be deemed to have been served on the person for whom it is intended — " (1) at the expiration of three days from the day of publication; or (2) at the expiration of three days from the day on which, it was deliv• ered to the post office for despatch, whichever is the later date. (d) An order published in Reshumot or in a daily newspaper and posted up in a conspicuous position, as specified in subsection (b), shall be deemed to have been served on every person whose rights are affected by it — (1) at the expiration of three days from the day of publication; or (2) at the expiration of twenty-four hours from the time when it was posted up as aforesaid, whichever is the later date. (e) Notwithstanding anything contained in this section, where under sub• section (b), (c) and (d) an order is deemed to have been served on a particular person at a particular date, and that person proves that the order did not come to his knowledge until a later date, the day on which the order came to his know• ledge shall be regarded as the day of service for the purpose of calculating the periods referred to in sections 14 and 17(a). 22. (a) A land requisition order or housing order shall not be carried into effect Carrying into effect before it has been served in accordance with section 21 on the owner and the oc• of. orders. cupier of the land or the house, unless the competent authority, for urgent reasons, has explicitly directed in the order that non-service shall not delay the carrying into effect thereof. (b) A competent authority may use force to the extent required for the car• rying into effect of an order made by a competent authority or a decision given by an appeal committee under this Law. 23. (a) A competent authority may at any time cancel an order made under this Cancellation Law; provided that a competent authority may not cancel a housing order in of orders'. respec| oi a dwelling-house or business premises after the tenant has entered the * dwelling-house or business premises under the order. authority or ׳ b) Where a land requisition order is cancelled by a competent) an appeal committee after, possession of the land has been taken by virtue of the order,• the person who has taken possession of the land as aforesaid shall vacate it forthwith, and a competent authority may use force to the extent required to effect vacation of the land SB aforesaid, and there shall.be no need for an eviction order by a court of law. . • (c) . Where a housing order in respect of a dwelling-house or business pre mises is cancelled by an appeal committee, or where a housing order in respect of a house, other than a dwelling-house or business premises, is cancelled by a com petent authority or an appeal committee, after the tenant has entered the house, the tenant shall forthwith vacate the house, and a competent authority may UBe force to the extent required to effect the vacation, and there Bhall be no need for an eviction order by a court of law. • • a Evidence. 24. ( ) A document purporting to be an order, signed. by a competent authority shall be regarded as such an order so long as the contrary is not proved. (b) A :document purporting to.be a copy of a decision of ah. appeal com mittee, certified by the chairman of the committee as a correct copy, shall be re garded as such a' decision so long as the contrary is not proved. Supply of 25. Any person concerned shall, as a competent authority may require, supply information to him or to his agents any correct information, or produce to him or to his to competent agents any document, which in the opinion of the, competent authority is authority. likely to facilitate the exercise of the poweis vested in him under this Law or the carrying into effect of an order made thereunder; but a person shall not be required to supply information or produce a document likely to incriminate him or which he is forbidden to supply or produce by any other law. 26. A person who contravenes any of the provisions of section 25 is liable too Penalties. fine not exceeding one hundred pounds; but a person shall not be prosecuted more than once for failing to supply information, or for supplying incorrect information, or for failing to produce documents, in relation to the same land. Repeal. 27. There are hereby repealed — (aj. regulations 48, 72A and 72B of the Defence Regulations, 19391); (b) Defence Regulations (Billeting and Accommodation Committees), 1943s); (c) regulations 114 to 118 of. the Defence (Emergency) Regulations, 19453);.. (d) Emergency Regulations (Requisition of Property) 5709—1948•). Amendment ol 28. The Emergency Regulations (Hospitals) '5709-^-19495), shall be amended as Emergency follows: • • Régulations (Hospitals) 5709—1949. (a) in regulation 1, the definition of "iand." shall be ,replaced by the fol lowing definition: , " "land" has the same meaning as in the Emergency Land Requisition - • .׳' ;"Regulation) Law,'5710—1949) (b) in regulation 8, paragraph (1) of subregulation (b) shall be replaced by the following paragraph: "(l).The land Bhall, for all purposes, be treated aB if ft hod been re- 1) P.O. No. 914 of the 26th August, 1939, Suppl. II, p. 659 (English Edition). 2) P.G. No. 1259 of the 1st April, 1943, Suppl. II, p. 304 (English Edition). 3) P.G. No. 1442 of the' 27th September, 1945, Suppl. II, p. 1055 (English Edition). «) I.R. No. 39 of the 22nd Kislev, 5709 (24th December, 1948), Suppl. II, p., 87. s) I.B. No. 41 of the 6th Tevet, 5709 (7th January, 1949), Suppl. if, p. 107. 1.0 quisitioned under a requisition order made• by e wppet^t j^uthqrity !and confirmed by an appeal committee under, the.Emergency ,Land,Requisition (Regulation) Law, 5710—1949, and BB• if .he Moisten,of T^ealth,,or, the authorised person were the competent authority,.who ,made the. qrdgr.V. Transitional '.1־׳.o 1י '.'יי • 1״ ,.׳• SiJr'1$&ISi»Ie £. H\3a3t &dT ב! c» ״sa9!m1-,}c ״.!ו. • .property -that) imme־ rf:to •.the 'effects,׳d) A certificate signed by a competent.1authority) diately before the coming into force of this i^uWgt^r^i^imo^able.rprppei^y was considered under regulation 4 of the Emergency Regulations (Requisition of Prop- b6('(*&clu8ive alid׳!'erty), 5709—1948, to have been lawfully requiSitibried,iogha^l -a'''cbM׳ sole evidence of such fact; and a certificate1 ,purifoftitfg'C'td W-8igngd!ib'y petent authority shall be regarded as such a certificate so long aB the, contrary Jis יי• יי !"' י .not proved \גיr. .uf. 08nod sril qa-jil IUd« 1- Transitional — per'sonUfor'-residchtial pur- provisions., מ W Land, other than a house occupied by (*) .30 poses or for the purposes of any trade,,jl}{||ine^8,,or;-vpcation,'!w^bich im- land. requisitioned 89ץ\,-mediately before the coming into,(/01$,:o/ thisacLa>y under regulation 48 of the Emergency Regujatipna,! 193ij,,ri0r^egulation 114 of the Defence (Emergency) Regulations, 1945, or considered, under regulation 4 of the Emergency Regulatjp^s.ri^ReqUisitioh'jr.of -Prbperty), of 1 the״to have been lawfully Tequisitfonedoshall', •fromcthe:day ,1948—5709 on.-׳coming into force of this Law, be deemed^tp! havetbipen: requisitioned that day under a land requisition order madeoiby-iia ','competent -!authority and confirmed by an appeal committee under this Law on that day. , (2) Where the land is a house, and itnme'diaKlJr !bei6W°the9(X)ming itito -for'i^idmtiai'pnr־ shall, from the day of the coming uj^^<^^t^jai,'^!r>^ ^egmed^to • have been entered by that person on that day under a housing order made by a competent authority andflcohfirmed by an appeal committee that person shall be deenjed to be a ׳ under this Law on that day; and of was occupied by a person who had been accommodated therein by billeting notice under regulation 72A of the Defence Regulations, 1939, or by business accommo• dation, notice under regulation 72B of the Defence Regulations, 1939, shall, from the day of the coming into force of this Law, be deemed to have been entered by that person on that day under a housing order made by a competent authority and confirmed by an appeal committee under this Law on that day; and that person shall be deemed to be a tenant within the meaning of Chapter Three. (c) A certificate signed by a competent authority, to the effect that imme• diately before the coming into force of this Law certain land was considered under regulation 4 of the Emergency Regulations (Requisition of Property), 5709—1948, to have been lawfully requisitioned, shall be conclusive and sole evidence of such fact; and a. certificate purporting to be signed by a competent authority shall be deemed to be such a certificate so long as the contrary is not proved. Implementa• 31. (a) The Prime Minister is charged with the implementation of this Law. tion and regulations. (b) The Minister of Justice may make regulations prescribing the procedure before appeal committees. (c) The Prime Minister may make regulations as to any other matter relating to the implementation of this Law. Commence- on This Law shall come into force on the 9th Kislev, 5710 (30th November, 1949). ment. SCHEDULE (sections 8, 9 and 10) 2. The tenant shall pay the rent due from him in monthly instalments on the first of every month in respect of that month. 2. The tenant shall not, unless authorised by the landlord — (a) use the house otherwise than for the purpose specified in the housing order; (b) make any structural alteration in the house. 3. The tenant shall not, unless authorised by the landlord, let or surrender pos• session of the house or any part thereof to another person. 4. The tenant — (a) shall keep the house and all its fixtures in good and proper repair and shall ensure cleanliness; (b) shall repair any damage caused to the house or to any of its fixtures during his occupancy, except damage due to ordinary wear and tear or to causes beyond his control. 5. The landlord shall supply the tenant with any services the supply of which is incumbent on the landlord by. law or custom or by the practice prevailing in that house; for the purpose of this section, "landlord" includes also the person entitled to receive the rent of the house. 6. The tenant shall pay all the taxes and compulsory .charges imposed by law or custom on' the occupier of the house. 7. In this Schedule, except in section 5 thereof, "landlord" means the person entitled to receive the rent of the house. DAVID BEN-GURION * Prime' Minister CHAIM WEIZMANN. President of the State 12 No. 2 .. EMERGENCY REGULATIONS (ABSENTEES' PROPERTY) (EXTENSION OF VALIDITY) LAW, 5710-1949* The validity of the Emergency Regulations (Absentees' Property,) 5709— Extension of ־ 1 19481) is hereby extended until the 8th Tevet, 5710 (28th December, 1949). validity. 9 This Law shall come into force on he 23rd Cheshvan, 5710 (15th November, Commence- 1949). ment• DAVID BEN-GURION ELIEZER KAPLAN Prime Minister Minister of Finance CHAIM WEIZMANN President of the State No. 3 STATE SEAL LAW, 5710—1950** 1, The design of the State Seal shall be as represented in the Schedule to this Design of Law. Seal. 2. The State Seal shall not be affixed to an official document otherwise than upon Documents to instructions from the Government or under provisions of law. which State Seal may be affixed. 3. The State Seal shall be affixed in one of the following two ways: Mode of affixing. (a) by impressing it on the document itself; (b) by impressing it in wax or any other material which shall be affixed to the document. 4. The Minister of Justice shall be the Keeper of the State Seal. Keeper of State Seal. 5. (a) Whosoever forgés the impression of the State Seal, or the State Seal, Offences. shall be liable to imprisonment for a term not exceeding seven years. (b) Whosoever manufactures, orders the manufacture of, affixes or otherwise uses the State Seal otherwise than upon instructions from the Minister of Justice shall be liable to imprisonment for a term not exceeding three years or to a fine not exceeding 1000 pounds or to both such penalties. (c) ^ In this section, the word "forges" shall be interpreted with reference to section 332 of the Criminal Code Ordinance, 19362), and the impression of the State Seal, and the State Seal, shall be deemed to be documents. * Passed by the Knesset on the 22nd Cheshvan, 5710 (14th November, 1949) and published in Sefer Jla-Chukkiin No. 27 of the 2nd Kislev. 5710 (23rd November, 1949), p. 12. The Bill and an Explanatory Note were published in Uataa'ot Chok No. 22 of the 18th Cheshvan, 5710 (10th November, 1949), p. 1. J) I.K. No. 37 of the 10th Kislev, 5709 (12th December, 1948), Suppl. II, p. 59. ** Passed by the Knesset on the 7th Kislev, 5710 (28th November, 1949) and pub• lished in Safer Ha-Chukkim, No. 28 of the 16th Kislev 5710 (7th December. 1949) p. 15; the Bill and an Explanatory Note were published.in Eatza'ot Chok No. 19 of the 6th Av, 5709 (1st August, 1949), p. 179. 2) P.O. No. 652, of the 14th! December, 1936, Suppl. I, p. 285 (English Edition). 13 The provisions relating to the Public Seal — within the meaning of the In 6־ Repeal of provisions. terpretation Ordinance, 1945J) — contained in any law in force immediately before the coming into force of this Law shall be repealed. The Minister of Justice is charged with the implementation of this Law and ־7״ Implementa tion and may make regulations as to any matter relating to such.implementation. regulations. DAVID BEN-GURION PINCHAS ROSEN Prime Minister Minister of Justice CHAIM WEIZMANN President of the State No. 4 ARMY CODE, 5708 (AMENDMENT) LAW, 5710—1949* Amendment The Army Code, 5708, set out in the Schedule to the Emergency Regulations :shall be amended as follows ,(1948־—Code75708. (Army Code, 5708), 5708 (a) In regulation 2, the definition of "hostile person" shall be replaced by the following definition: " "hostile person" means a person hostile to the State"; (6) the following regulation shall be inserted after regulation 3: "Competence 3A. Where a soldier has committed an offence under of pereon' tms Code and has ceased to be a soldier before being tried who has for it, this Code shall apply to him as to any matter relating censed to 00 a soldier. to bis criminal responsibility for that offence as if he were: still a soldier, if within ninety days from the day on which he ceased to be a soldier a court has been appointed under this Code to try him for that offence."; (c) in regulation 6 — (i) in the first line, the words "an emergency or" shall be deleted; (ii) in the fourth line, the words "an emergency and to" shall be deleted; (iii) in the sixth line; the words "an emergency or to" shall be deleted; (d) in regulation 7, the following paragraphs shall be added after paragraph (A): "(t) a military attorney (/) the Chief Military Attorney"; (e) • in paragraph (a) of regulation 8 — (1) in the first line, after the words "the discipline of the Army", there shall be added the words "or negligence in taking care of Army property"; (2) in the second and third lines, the words "also for non-fulfilment of an order, evasion of service or negligence in taking care of the personal P.G. No. 1400 of the 2nd April, 1945, Buppl. I, p. 48 (English Edition). Passed by the Knesset on the 7th Kislev, 5710 (28th November, 1949) and pub lished in Sefer Ha-Chukkim No. 28 of the 16th Kislev, 5710 (7th December. 1949), p. 17. I.R. No. 20 of the 4th Elul, 5708 (8th September, 1948), Suppl. II, p. 105. 14 equipment of the offender" shall be replaced by the words "also for re fusal to fulfil an order and for evasion of service" (/) regulation 9 shall be deleted. (9) in the second line of regulation 10, a full stop shall be inserted after the .words "such commander qualified to be a judge" and all the subsequent words shall be deleted; 1 ' (ft) in regulation 11 — (1) in the part dealing with punishment by a company commander, par agraph (e) shall be replaced to the following paragraph: "(e) confinement to camp or detention in camp for a period not exceeding seven days"; (2) in the part dealing with punishment by a battalion commander, the words "detention in camp" in paragraph (e) shall be replaced by the words "confinement to camp or detention in camp"; (») in the first line of regulation 17, the words "to the military prosecutor in his area" shall be replaced by the words "to the Chief Military Attorney"; (j) the following regulation shall be added after regulation 17: "Remission of 17A. Where a soldier has been sentenced by a com- soldier™61111 °f mande'r qualified to be a judge, the Chief of Staff may sentenced by remit, wholly or 'in part, or commute, the punishment im- .״commander. posed (k) paragraph (a) of7regulation 18 shall be replaced by the following par agraph : "(a) as a court of first instance — any soldier who has committed an offence under this Code the trial of which is not within the competence of a special court"; ' (I) the words "and not more than thirty-one" in the second line of regula tion 19 shall be deleted; (m) regulation 21 shall be replaced by the following regulation: "Composition 21. Every case shall be heard by three judges, all soldiers, o court. wno 8j,ajj De appointed in this behalf by the president of the court or, in his absence, by the area commander. One of the three judges shall be appointed presiding judge. At least one judge shall be of the same rank as the accused. Where several soldiers of different rank are on trial to gether, at least one of the judges shall be of the same rank as the accused whose rank is the highest and one of the same rank as the accused whose rank is the lowest."; (n) regulations 26, 26 and 27 shall be repealed; (0) regulation 29 shall be replaced by the following regulation: "Composition 29. A case m which, according to the information, the ac cused may be liable to the maximum penalty shall be heard by four judges, and every other case by three judges. The judges shall all be soldiers; at least one of them shall be a judge of the Higher Court and the remainder shall be judges of the area court. The judges shall be appointed by the Pre sidium of the Higher Court, which shall appoint one of them to be the presiding judge. At least one judge shall be of the 15 same rank, as the accused. Where several soldiers of dif- . ferent rank, are on trial together, at least one of them shall be of the same rank as the accused whose rank is the highest and one of the same rank as the accused whose rank is the '.lowest'."; (p) in the first and third lines of regulation 35, the word "two" shall be replaced by the word "four"; ... (q) regulation 39 shall be replaced by the following regulation: ,'Powers of . The Presidium of the Higher Court shall manage the esi mm. affairs of tne Higher Court and shall appoint judges to the special courts and to the sessions of the Higher Court. The Presidium of the Higher Court shall take its decisions by majority vote and any three of its members shall be a quorum."; (r) paragraphs (a) to (f), (j), (k) and (I) of regulation 45 shall be deleted; («) in the third line of regulation 48, the words "investigations and" shall be deleted. (t) paragraph (c) of regulation 49 shall be deleted; (u) regulations 51 and 52 shall be repealed; (») regulation 53 shall be replaced by the following regulation: "Choice of 53. An accused person may choose as his defence counsel counsel. • any 80Idier or anv person qualified to practise the profession of advocacy."; (w) a full stop shall be inserted at the end of the fourth line of regulation 54, and the fifth and sixth lines shall be deleted; (x) Chapter Eleven of Part Two, and regulation 58, shall be repealed; (y) in regulation 78, the words "detention in camp from sunset to sunrise" shall be replaced by the words "confinement to camp". («) in regulation 80, the words "detention in camp from sunset to sunrise" shall be replaced by the words "confinement to camp"; (aa) in paragraph (t) of regulation 99, the words "detention in camp from sunset to sunrise" shall be replaced by the words "confinement to camp"; (bb) regulation 104 shall be replaced by the following regulation: tion™1^118*" 104. I" addition to any punishment, any court and any damage. commander qualified to be a judge may order any accused person to pay compensation for damage caused as a result of the offence; but a commander qualified to be a judge who is a company commander may not order an accused person to pay compensation of an amount exceeding three pounds, and any other commander'may not order an accused person to pay compensation of an amount exceeding nine pounds."; (cc) The following regulation shall be added after regulation 104: "Execution 104A A sentence imposing on the accused a penalty of . . , . , ״ . , ' of monetary , , •t sentence. forfeiture of pay or -a monetary fine, or ordering him to pay shall, if' it is a sentence by a commander ׳ ,compensation qualified to be a.judge, be executed by deduction from the pay of the sentenced- person, and if .it is a sentence by a court, by deduction from the pay of the sentenced person or in the manner provided in section 41(c) of the Criminal Code 16 Ordinance, 1936, as if it were a court fine, or in both such ways"; (dd) regulation 107 shall be replaced by the following regulation: "To whom 107. •Any complaint shall be delivered to the commander shall be qualified to be a judge of the unit to which the accused be- submitted. longs. The complainant may deliver a copy of the complaint to the Chief Military Attorney. Where the accused is the commander qualified to be a judge of the unit to which the complainant belongs, the complaint shall be delivered to the Chief Military Attorney, who shall furnish a copy thereof to the accused, unless the interests of the investigation require that a copy shall not be furnished."; (ee) regulation 109 shall be repealed; (//) regulation 127 shall be replaced by the following regulation.: "Dealing 127. A commander qualified to be a judge who has received with. complaint a complaint against one of his subordinates, shall consider by the charge contained in the complaint and shall take one of commander. the following decisions : (1) to dismiss the charge: (2) to deal with it himself; (3) to refer the complaint to a commander higher than himself; . (4) if he is a battalion commander or a commander higher than battalion commander — to bring the matter before a court."; (gg) in Part Four, chapter four with all its provisions shall be replaced by the following chapter: "CHAPTER FOUR — ARREST AND INVESTIGATION Arrest of 134. A soldier who has been arrested without a warrant soldier without of arrest shall be released within twenty-four hours after his warrant. arrest unless a warrant of arrest is issued against him be• fore then. Warrant of 135. (a) A commander qualified to be a judge may issue a arrest by commander. warrant of arrest for the purposes of inquiry into an ellence under this Code, even if he is only one command rank higher than the detainee. When the warrant of arrest has been issued, the commander qualified to be a judge shall im• mediately take it to an area commander for confirmation. (b) A warrant of arrest by a commander qualified to be a judge shall expire within ninety-six hours after its issue unless it is confirmed by an area commander before then. (c) Where a warrant of arrest has been issued, the de• tainee may submit an objection thereto to a military attorney, and a copy of the objection shall be submitted by him to the commander who issued the.warrant of arrest. The Chief Mil• itary Attorney may cancel the warrant of arrest and release the detainee. 17 Benewal of 136. A soldier shall not be detained for purposes of inqui• warrant of arrest. ry, under a warrant of . arrest by a commander qualified to be a judge, for a period exceeding fifteen days; but if the commander qualified to be a judge is of opinion that the in• terests of the inquiry necessitate an extension of the de• tention, he may from time to time, with the prior approval of the area commander, extend the detention for an additional period not exceeding ten days each time; provided that the aggregate period of detention shall not exceed three months, except •in a case in which the Presidium of the Higher Court has otherwise decided. Military 137. •A military policeman shall, in respect of every soldier, Police. have the powers vested by law in a police officer in respect of every person. Investigation. 138. (a) A military policeman empowered by the Chief Mil• itary Attorney, generally or for a particular case, to investi• gate offences committed in contravention of this Code, and a commander qualified to be a judge, or any officer empowered in writing by a commander qualified to be a judge to conduct an investigation as aforesaid, shall, in respect of every soldier, have the powers which the Criminal Procedure (Evidence) Or• dinance J) vests in an officer of police of the rank of inspector in respect of every person. (b) A person holding an investigation as specified in sub- regulation (a) may, for the purposes of the investigation, call witnesses, take evidence or do any other act necessary for discovering the truth. (c) The investigator shall prepare a record of every act done by him for the purposes of the investigation. Ubjeot of 139. The object of an investigation under regulation 138 is investiga• tion. to clarify whether a particular soldier should be subjected to a preliminary inquiry or be brought to court without a prelim• inary inquiry. Preliminary 140. A soldier shall not be brought to court without a pre• inquiry. liminary inquiry if — (1) the offence is within the jurisdiction of a special court ;or (2) the Chief Military Attorney has directed in writing that the offence with which the soldier is charged neces• sitates a preliminary inquiry. Who shall 141. A preliminary inquiry shall be held by a military at• hold a preliminary torney appointed by the Chief Military Attorney, in writing, inquiry. to hold a preliminary inquiry. Bules of 142. The provisions of the Criminal Procedure (Trial Upon preliminary inquiry. Information) Ordinance2) concerning a preliminary inquiry shall apply mutatis mutandis to a preliminary inquiry held under regulation 140."; (hh) in regulation 147, a full stop shall be inserted at the end of the first line, and all the other lines shall be deleted; 1) Laws of Palestine vol. I, cap. 34, p. 467 (English Edition). 2) Lows of Palestine, vol. I, oap. 36, p. 475 (English Edition). 18 (»i) regulation 156 shall be replaced by the following regulation: Notification 156. The judgment shall, after the decision of the confirm of judgment to person ing authority and in accordance with that decision, be notified sentenced. to the accused by delivery of a copy thereof to him by his commander or the commander of the place in which he is detained. A record, to be signed by the notifying commander, shall be made of the fact and date of the notification."; (//) The following regulation shall be inserted after regulation 156: "Carrying 156A. (a) •A• judgment of a special court against which no judgment. appeal has been lodged shall be carried out after it has been confirmed and notified to the accused. (b) In every other case, the judgment shall not be car ried out until after the expiration of the period allowed for the lodging of appeal or, where an appeal has been lodged, after the confirmation of the judgment given in the appeal and notification thereof to the accused. (c) Where the court has imposed a penalty including imprisonment, it may order that the accused be arrested immediately after the reading of the judgment, provided (1) that the order shall become void iff the jndg- ment, being subject to confirmation, is mot con ״ firmed within thirty days from the day of the ac cused's arrest; (2) that the period of detention nwtar the said •order shall be .deducted from the term of impris onment which the accused is reaymimi to serve under an enforceable sentence. (d) Where the court has imposed the maximum pen- , alty, the accused shall be arrested immediately after the reading of the judgment."; (kk) in Part Five, chapter four and regulation 168 shall be replaced by the following chapter: "CHAPTER FOUR — MILITARY ATTORNEYS Soldier 168. A soldier with a legal training, for the purposes of this with legal training. chapter, is a soldier qualified to practise the profession of advocacy or a soldier holding a diploma of a law school in or outside the State attesting his legal training. Military 169. (a) There shall be established in the Army a corps attorneys. of military attorneys. (b) The Prime Minister shall appoint the Chief Mil itary Attorney. (c) The. other military attorneys shall be appointed by the Prime Minister upon the recommendation of the Chief Military Attorney. (d) A military attorney shall be a soldier with a legal training, 19 The Chief 170. W The Cnief Military Attorney shall be responsible Uilitary Attorney. to the Minister of Defence for the proper functioning of the institutions of the Army's legal system. .1 . (b) The Chief Military Attorney shall be the adviser of the Minister of Defence and the Chief of Staff on every matter relating to the Army's legal system, and for this purpose may maintain direct contact with each of them. (c) The Chief Military Attorney may, with the ap• proval of the Minister of Defence, issue subsidiary regula• tions for the purposes of this Code. (d) The Chief Military Attorney may issue various forms for the purposes of this Code and the correct imple• mentation of its provisions. (e) The Chief Military Attorney may, in every case in which in his opinion an offence under this Code has been committed, order the holding of an investigation and a pre• liminary inquiry. (f) The Chief Military Attorney shall direct the activ• ities of the military attorneys. Functions 171. (a) •An area commander who approves an extension of of a military attorney. a warrant of arrest under regulation 186 may do so only after receiving the written opinion of a military attorney. (b) An authority who appoints a court under this Code shall appoint) a soldier with a legal training as one of the judges of the court if he receives a demand to this effect from a military attorney. (c) An authority competent to confirm a judgment under this Code may do so only after receiving the written opinion of a military attorney, provided that that, military attorney shall not be the military attorney who held the pre• liminary inquiry into the offence in relation to which the judgment was given. Status of a 172. •A military attorney who exercises his functions in military attorney. any area may maintain direct contact with the area com• mander and shall not be subordinate to any commander of that area. DAVID BEN-GURION Prime Minister and Minister of Defence CHAIM WEIZMANN President of the State 20 No. 5 AUTHENTICATION OF DOCUMENTS (SPECIAL CLAIMS FOR COMPENSATION) LAW, 5710—1949* 1. (a) The Minister of Justice may appoint authentication officers for 'the purpose Authentica• of this Law. , tion officers. (b) A notice of the appointment of an authentication officer and of his address shall be published in Reshumot. 2. (a) An authentication officer shall not exercise, in respect of any document, the Cond i tinos of powers vested in him by this Law, unless he is satisfied that the document is in• exercise of power. tended to be used abroad for the purpose of a special claim for compensation. (b) In this section• — "document" includes a declaration on oath, a declaration on affirmation and any other declaration and any other document whatsoever, and a copy or translation of any document; "special claim for compensation" means a claim by a person who immigrated into this country after the 25th Iyar, 5705 (8th May, 1945) for compensation under the law mentioned in the Schedule to this Law (hereinafter "the Amer• ican Zone Law") or under any law similar to the American Zone Law which may be enacted anywhere and in respect of which the Minister of Justice, by order published in Reshumot, has determined that this Law shall apply to it. 3. An authentication officer is competent — Powers of authentica• (a) to receive declarations on oath, declarations on affirmation and any other tion officer. declarations, and for this purpose to administer oaths and to receive affir• mations ; (b) to authenticate signatures on documents signed before him; (c) to certify copies of documents produced to him; (d) to translate, and certify the translation of, a document into a foreign language. 4. No fee shall.be collected for the services of authentication officers under this Free service. Law. 5. This Law shall not derogate from a power conferred under any other law. Saving of . existing powers. (J. The Minister of Justice is charged with the implementation of this Law and Implementa• may make regulations as to any matter relating to such implementation. tion and regulations. SCHEDULE. ' (section 2.. (b)) Law for the Eedress of National-Socialist Wrong (Compensation Law) (Gesetz fuer die Wiedergutrnachung nationalsozialistischen Unrechts (Entschaedi- gungsgesetz)), enacted in the areas of the American Zone of Germany, as in force from time to time. DAVID BEN-GUBION PINCHAS BOSEN •Prime Minister • Afinisfer of Justice CHAIM WEIZMANN President of the State Passed by the Knesset on the 23rd Kislev, 5710 (14th December, 1949) and published in Safer Ha-ChukUim No. 29 of the 29th Kislev. 5710 (20th December, 1949) p 25• the Bill and an Explanatory Note were published in BaUa'ot Chok No 25 of the 17th KiBlev, 5710 (8th December, 1949), p. 25. 21 No. 6 ADMINISTRATOR, GENERAL ORDINANCE (AMENDMENT) LAW, 5710—1949* Amendment The Administrator General Ordinance, 19441), shall be amended as follows: of Ordinance. (a) Section 21 shall be replaced by the following section: "Fee and 91. (1) There shall be payable to the Administrator Gen- ' - eral, in connection with the administration of any estate or property and the dealing therewith — (a) the fee prescribed in the Schedule, which shall be payable at such rates as are prescribed in tfhe Schedule or as shall be prescribed by regulations; ( (5) expenses reasonably incurred by him. (2) The Court may increase the fee having^ regard to special services or reduce the fee or exempt any estate or property from the payment thereof. (3) Any charges authorised by this Law shall be pay• able to the Administrator General and be collected by ' him out of the estate or property administered by him, and shall be a first charge on the property or estate; provided that burial expenses, the settlement of the deceased's widow up to 250 pounds, the cost of the tombstone up to 100 pounds, and maintenance determined by judgment as a liability of the deceased or the missing person shall have priority over a charge as aforesaid."; (b) paragraphs (o) to (c) of subsection 40(2) shall be replaced by the follow• ing paragraphs: • < "(a) the accounts to be kept by the Administrator General and the forms to be used; (b) the rates and dates of payment of the fee and the categories and scale of expenses; (c) the manner of keeping the moneys which have come into the hands of the Administrator General and the modes of assessing, for the pur• pose of determining the fee, the different categories of estate assets and property"; (c) The Schedule to the Ordinance shall be replaced by the following Sched• ule: "SCHEDULE Fee Scale There Bhall be payable to the Administrator General, under paragraph (a) of section 21(1), a fee as specified below: 1. In connection with the taking over of the administration of any estate or property — on the gross value thereof: . (a) the first 500 pounds shall be exempt from the fee *) Passed by the Knesset on the 23rd Kislev, 5710 (14th December, 1949) and pub• lished in Sefe.r Ha-Chukkim No. 29 of the 29th Kislev, 5710 (20th December, 1949), p. 27; the Bill and an Explanatory Note were published in RaUa'ot Chok No. 20 of the 8th Av, 5709 (3rd August, 1949), p. 181. i) P.O. No. 1380 of the 28th December, 1944, Suppl. I,'p. 151 (English Edition). (b) on the next 500 pounds or part thereof — 5 pounds (c) on the next 4,000 pounds or part thereof — 1 per centum (d) on the next 5,000 pounds or part thereof — 1/2 " " (e) on the next 5,000 pounds or part thereof — 1/4 " " ״ „ on the amount in excess of 15,000 pounds — 1/10 (/) 2. In connection with the distribution of any estate or property or its delivery to the person entitled to it — • the fractions prescribed in section 1 of the value of the estate or property distributed or delivered or of any part thereof.". DAVID BEN-GURION PINCH AS ROSEN Prime Minister Minister of Justice CHAIM WEIZMANN President of the State No. 7 EMERGENCY REGULATIONS' (ABSENTEES' PROPERTY) EXTENSION OF VALIDITY (No. 2) LAW, 5710—1949* 1. The validity of the Emergency Regulations (Absentees' Property), 5709— Extension of .1918i), is hereby extended until the 12th Adar, 5710 (1st March, 1950). validity׳ 2. This Law shall come into force on the 8th Tevet, 5710 (28th December, 1949). Commence ment. DAVID BEN-GURION ELIEZER KAPLAN Prime Minister Minister of Finance CHAIM WEIZMANN President of the Slate * Passed by the Knesset on the 7th Tevet. 5710 (27th December. 1949) and published in Sc/cr Ha-Cliukkim No. 30 of the 10th Tevet, 5710 (30th December, 1949), p. 31; .the Bill and an Explanatory Note were published in flatea'ot Chok No. 22 of the 18th Cheshvan, 5710 (10th November, 1949), p. 1. i) l.B. No. 37 of the 10th Kislev, 5709 (12th December, 1948), Suppl. II, p. 59. 23 No. 8 PREVENTION OF FIELD FIRES LAW, 5710—1949* Interpreta In this Law. — tion. "plant" includes any thing in the vegetable kingdom and any part of a plant, whether detached or not detached therefrom; "Director" means the Director of the Soil Conservation Section of the Ministry of Agriculture; "inspector" means a person whom the Director has appointed inspector for the purpose of this Law; . "field" includes a wood, a forest, a garden, a plantation and the sides of ,. ׳, ׳ .a road or way Appointment 2. - The Director shall appoint inspectors for the purpose of •this Law; provided of that there shall be at least one inspector for each settlement. inspectors.. Prohibition 3. A person shall not burn or cause to be burnt plants, whether attached to the of the burning of soil or detached, in any field save under a written permit from the inspector or a plants person authorised by him in that behalf and in accordance with the conditions of otherwise than under such permit. a permit. Prohibition 4. (a) A person shall not throw a smouldering cigarette or burning match — of the burning of 1) within less than tlhree metres of plants in a field; materials and of 2) on a slope; throwing 3) from a train or a vehicle on roads or ways. away burning things, (b) Without prejudice to anything provided in subsection (a), a person shall in fields. not set fire to or burn any matter, or throw away any burning, smouldering or inflammable matter within ten metres of plants in a field, or cause any such act to be done. Clearing of 5. Whoever has possession or is entrusted with the caré of a road/a way, a rail- ways and woy or the sides thereof, or of ditches on the sides thereof, shall clear it or them, areas adjacent and keep it or them clear, of plants and any other inflammable or burnable thing; thereto. and he shall also clear and keep clear of any such matter the land, to a width of three metres, along the borders thereof, and for this purpose may enter such land. Provision of 6, (a) Whoever has possession of a field shall, upon the written demand of the isolation inspector and in accordance with his directions, clear and keep clear any portion strips. thereof defined in the demand of plants and any other inflammable or burnable matter, provided that the width of such portion shall not exceed ten. metres. (b) A person who has received a demand or direction under subsection (a) may, within 15 days of the date of receipt thereof, appeal against it to the Director, whose decision shall be final. Keeping, of 7. The Director may require any local authority, a person having possession of fire-fighting land of an area of not less than one thousand metric dunams or a juristic person equipment. empowered. by its rules to have such possession and the members of which have possession of {and of an aggregate area of not less than one thousand metric dun• ams to keep materials, implements and tools for fire-fighting, of such kinds and in such quantities as he shall prescribe. Duty 8. A person who observes a field fire which is not being fought, shall report it to report fires. immediately to the nearest police station or to an inspector in the nearest settlement. Passed by the Knesset on the 7th Tevet, 5710 (27th December, 1949) and SefeT .fcfc«m No. 30 of the: 10th Tevet, 5710" (30th December״Cfc־zo*? /ffo «52? 1949/• p* oZ• 24- 9. (») The inspector or an officer of police of or above the rank of inspector may Mobilisation of manpower mobilise for fighting a field fire any fire brigade and any vehicle, including the and drivers thereof, which are within 50 kilometres of the place of the fire. equipment for fire-fighting. (b) The inspector or an officer of police of or above the rank of inspector may order any person who has in his possession materials, implements or tools used, or fit to be used, for fire-fighting and which are within 50 kilometres of the place of the field fire to place them at his disposal for fighting the fire. (c) The inspector or an officer of police of or above the rank of inspector may mobilise for fighting a field,.fire any male person of any age from 16 to 50 years whose permanent place of residence is within 10 kilometres of the place of the fire.- (d) A person mobilised under this section shall, so long as the fire-fighting operations have not been terminated, obey the instructions of the inspector, or of the person in charge of the fire-fighfjng or of an officer of police of or above the rank of inspector, in connection with the work of fire-fighting. 10. (a) Where a person has not complied with the provisions of section 5 or 6, Carrying? ou* preventive the inspector may carry them into effect in his stead and at his expense, and for operations. this purpose the inspector and any person authorised by him in that behalf may enter the land of which such person has possession. (b) The provisions of subsection (a) shall not diminish the responsibility of a person for an offence under this Law. 11. The inspector, a person authorised by him in that behalf and any police officer Right of may enter a field and any other place for the purpose of checking compliance with entry. this Law and of carrying its provisions into effect. 12. Whoever contravenes this Law is liable to imprisonment for a term not ex- Penalties. ' ceeding 6 months or to a fine not exceeding 150 pounds or to both such penalties. 13. The provisions of sections 3, 4(a) (1), 4 (a) (2), 4(b), 5 and 6 shall .not apply Application. within a built-up residential zone of a municipal area, a local council area or any other settlement. Implementa• 14. (a) The Minister of Agriculture is charged with the implementation of ,this tion and Law and may make regulations as to any matter relating to such implementation. regulations. (b) The Minister of Agriculture may, by order published in Reshumot, suspend from time to time the application of all or any of the provisions of tj}i3 Law for such periods and in such areas as he may think fit. 15. The Emergency Regulations (Prevention of Field Fires) 5709—1949!), are Repeal. hereby repealed. 16. This Law shall come into force on the 11th Tevet, 5710 (31st December, 1949). Commence• ment. DAVID BEN-GUBION DOV JOSEPH Prime Minister Minister of Agriculture CHAIM WEIZMANN President of the State i) Kovett Ba-Takkanot No. 28 of the 8th Av. S709 (Jrd August, 1949). p. JSS. 35 No. 9 EMERGENCY REGULATIONS (HOSPITALS) (EXTENSION OF VALIDITY) LAW, 5710—1949* Extension of J. The validity of the Emergency Regulations (Hospitals), 5709—1949!), is validity. hereby extended until the 12th Adar, 5710 (1st March, 195Q). Commence• 2. This Law shall come into force on the 11th Tevet, 5710 (31st December, ment. 1949). DAVID BEN-GURION MOSHE SHAPIRA Prime Minister Minister of Health CHAIM WEIZMANN President of the Stale No. 10 EMERGENCY REGULATIONS (TRAFFIC OFFENCES — MILITARY PERSONNEL) (EXTENSION OF VALIDITY) LAW, 5710—1949** Extension of 1. The validity of the Emergency Regulations (Traffio Offences — Military Per• validity. sonnel), 5709—1919-), in the amended version set out in the Schedule to this Law, is hereby extended until the 13th Nisan, 5710 (31st March, 1950). Saving of judgments 2: The amendment of the text of the said Regulations shall not derogate from etc. any judgment given or other act done thereunder before the coming into force of this Law. Commence• 3, This Law shall come into force on the 11th Tevet, 5710 (31st December, ment. 1940). SCHEDULE EMERGENCY REGULATIONS (TRAFFIC OFFENCES — MILITARY PERSONNEL), 5709—1949 Interpreta• 2, (a) In these Regulations — tion. "the Code" means the Army Code, 57083); "traffic offence" means — (1) an offence under the Road Transport Ordinance*), the Road Transport Rules•"') or any other law relating to road transport, for which a soldier can be prosecuted in the courts of the Army under regulation 97 of the . Code; Passed by the Knesset on the 8th Tevet, 5710 (28th December, 1949) and published in Scfcr IJa-Chukkim No. 30 of the 10th Tevet, 5710 (30th December, 1949, p. 35; the Bill and an Explanatory Note were published in Hatza'ot Chok No. 25 of the 17th Kislev, 5710 (8th December, 1949), p. 28. 1.11. No. 41 of the 6th Tevet, 5709 (7th January. 1949). Suppl. II, p. 107. Passed by the Knesset on the 8th Tevet, 5710 (28th December, 1949) and pub• lished in Sefar Ha-Chukkim. No. 30 of the 10th Tevet, 5710 (30th December, 1949). p. 36; the Kill and an Explanatory Note were published in Hatza'ot Chok No. 24 of the 14th Kislev, 5710 (5th December, 1949), p. 21. I.R. No. 44 of the 20th Teveth, 5709 (21th January, 1949), Suppl. I. p. 131. I.B. No. 20 of the 4th Elul, 5708, (8th September, 1948), Suppl. II, p. 106. Laws of Palestine vol. II, cap. 128, p. 1296 (English Edition). Caws of Palestine vol. Ill, p. 2156 (English Edition. 26 (2) an offence under, regulation 98 of ^e Code by doing or evading the doing of an act in contravention of any direction, order or regulation _-־ concerning road transport. (b) In these Regulations, every term shall have meaning assigned to it in the Code, unless the context otherwise requires. 2. Courts for Traffic Offences shall be established in the Army. Courts for Traffic Offences. 3. (a) The Chief of Staff shall appoint from among the soldiers traffic judges for Trafflo the purpose of these Regulations. judges and assessors. (b) The Chief of Staff shall appoint from among the soldiers assessors for the purpose of these Regulations. 4. (a) There shall be two Courts for Traffic Offences: Composition of Courts. (1) A Three-Man Court, consisting of a traffic judge as president and two ,־ assessors (2) a One-Man Court, consisting of a traffic judge. (b) The Chief of Staff shall determine the composition and place of sitting of every Court for Traffic Offences. 5. A Court for Traffic Offences shall be competent to try any soldier, irrespective Power to of rank, for any traffic offence committed anywhere after the making of these reg try. ulations. (J. (a) A Court for Traffic Offences shall be competent to impose, for traffic offen Power to punish. ces, such penalties as an Area Court is competent under this Code to impose for the same offences, and, in addition thereto or in lieu thereof, a Court for Traffic Of fences shall be competent to impose either or both of the'following penalties: (1) deprivation of the right to drive a military vehicle for a period to be fixed by the Court; (2) reduction in rank or deprivation of rank; provided that a One-Man Court may impose only imprisonment for a term not exceeding twenty-one days or a fine not exceeding ten pounds or both such penalties or a lighter penalty than full detention in camp according to the scale of penalties prescribed in regulation 99 of the Code and, in addition to or in lieu of these penalties, deprivation of the right to drive a military vehicle for a period not exceeding two years. (b) The note to regulation 99 of the Code (which provides that, inter alia, im prisonment shall automatically entail, deprivation of rank) shall not apply to im prisonment imposed by a Court for Traffic Offences. 7. A Court for Traffic Offences shall have the power vested in a court under Compensation. section 43 of the Criminal Code Ordinance, 19361). 8. (a) A judgment of acquittal given by a Three-Man Court shall be final; it Judgments of Three- shall not be subject to confirmation or appealable. Man Court. (b) A convicting judgment given by a Three-Man Court shall be.subject to confirmation by the Chief of Staff, who may confirm the judgment, or confirm the conviction and lighten the penalty, or quash the judgment. (c) A convicting judgment given and confirmed as aforesaid shall be final and non-appealable. i) P.O. No. 652 of the 14th December, 1936, Buppl. I, p. 285 (English Edition). 37 (d) A convicting judgment given by a Three-Man Court shall be executed immediately upon being given unless the Court or the Chief of Staff has ordered that the execution of the judgment be stayed pending itjs confirmation. Judgments 9. A judgment given by a One-Man Court shall be final; it shall not be subject of One- to confirmation or appealable. Man Court. Execution of 1Q. A judgment of a Court for Traffic Offences shall, as to everything relating to judgments. its execution, have the effect of a sentence given under the Code. H, The procedure of Courts for Traffic Offences shall, in so far as it is not prescribed by these Regulations, be the same, mutatis mutandis, as obtains under the Code in an Area Court; provided that Courts for Traffic Offences may follow a summary procedure within the meaning of regulation 159 of the Code. Rules of 12. (B) A Court for Traffic Offences may admit as evidence on behalf of the pro evidence. secution a written statement by a person who does not appear as a witness in court, if it purports to be signed by its author and his signature is confirmed by a police officer, a military policeman or a soldier of or above the rank of sergeant; provided that the Court shall not admit as evidence a statement as aforesaid — (1) if the accused demands that the author of the statement appear as a witness in court; or (2) if the Court is of opinion that the appearance of the author of the statement as a witness in court is desirable in the interests of justice. (b) The Court shall, immediately upon being requested by the prosecutor to admit as evidence a written statement as referred to in subregulation (a), inform the accused that he is entitled to demand the appearance of the author of the state ׳ .ment as a witness in court (c) Where a copy of the Order of the General Staff has been submitted to a Court for Traffic Offences, such copy shall be conclusive evidence of its contents. (d) Where a transcript of Standing Orders of any Army unit or a transcript of any register, diary or other record kept in any Army unit by. order of the General Staff or by order of the commander of the unit has been submitted to a Court for Traffic Offences, and it purports to be certified by the commander of the unit as a correct transcript, it shall be conclusive evidence of its contents; provided that the Court may, in its discretion, not admit as evidence a transcript submitted as aforesaid. Powers of 13. (a' The Chief Military Prosecutor may appoint soldiers to be prosecutors be military prosecutors. fore Courts for Traffic Offences. (b) Where a soldier has been appointed as aforesaid, his powers before any Court for Traffic Offences shall be the same as are vested under the Code in a military prosecutor before an Area Court. Reference 14. (») A One-Man Court may at any time, before giving judgment, refer the to Three- Man Court. case to a Three-man Court. (b) A soldier brought for trial before a One-Man Court may, after the charge has been read to him and before he has answered it, request that his case be re ferred to a Three-Man Court, and his case shall be referred accordingly. The Court shall, immediately after the reading of the charge, inform the accused of his right under this subregulation. . Delegation 15. The Chief of Staff may delegate to another person or to other persons all or of powers any of the powers vested in him under these Regulations, except the power vested of Chief of Staff. in him under regulation 3 and the power to quash, under regulation 8(b), a con victing judgment given by a Three-Man Court. 28 \Q. (a) These Regulations shall not derogate from the powers vested by law in Saving of civil courts; provided that a soldier shall on no account bear criminal responsi- Powers, bility more than once for the same offence. (b) These Regulations shall not derogate from the powers vested under the Code in the institutions of the Army's legal system; provided that where a charge in respect of a traffic offence has been filed against a soldier in a Court for Traffic Offences, he shall not be prosecuted for the same offence before a court operating under the Code. 17. These Regulations may be cited as the Emergency Regulations (Traffic Of- Citation, fences — Military Personnel), 5709—1949. DAVID BEN-GURION Prime Minister CHAIM WEIZMANN ׳ . President of the State No. 11 ' EMERGENCY REGULATIONS (HOTEL ACCOMMODATION) (EXTENSION OF VALIDITY) LAW, 5710—1949* 1. The validity of the Emergency Regulations (Hotel Accommodation) 5709— Extension of validity. .(1949i), is hereby extended until the 13th Nisan, 5710 (31st March, 1950׳ 2. This Law shall come into force on the 11th Tevet, 5710 (31st December, 1949). Commence ment. DAVID BEN-GURION MOSHE SHAPIRA Prime Minister Minister of Immigration CHAIM WEIZMANN President of the State No. 12 MUNICIPAL CORPORATIONS ORDINANCE (AMENDMENT LAW, 5710—19.49** 1, The Municipal Corporations Ordinance, 19342), (jn this Law: "the Or Amendment dinance") shall be amended as follows: of Municipal Corporations Ordinance, (a) In section 2, the following definition shall be added at the end : 1934. " "the determining day" meanB the day prescribed for the beginning of the preparation of the register of voters under section 10."; Passed by the Knesset on the 8th Tevet, 5710 (28th December, 1949) and published in Sefer Ha-ChukUim No. 30 of the 10th Tevet, 5710 (30tb December, 1949), p. 40• the Bill and an Explanatory Note were published in Batia'ot Chok No. 25 of the 17th Kislev, 5710 (8th December, 1949), p. 29. . Koveti Ha-Tahkanot No. 15 of the 11th Iyar, 5709 (18th May, 1949), p. 189. Passed by the Knesset on the 28th Tevet, 5710 (17th January, 1950) and published in Sefer Ha-Chuhhim No. 31 of the 8th Shevat, 5710 (26th January, 1950) p. 41. P.O. No. 414 of the 12th January, 1943, Suppl. I. p. 1 (English Edition). ,29 (6) sections 7—52'are repealed and shall .be replaced by the following sections: "Municipal 7. (a) A. municipal corporation shall act by a council. The' council. council shall have all the powers which the law vests in the municipal corporation. (b) )(1) The number of members of a municipal council about to be elected shall be prescribed by the Mi- nister of the Interior on the basis of the table set out in paragraph (2) (in this subsection: "the table") in accordance with the number of inhabit• ants who were registered on the determining day in the register of inhabitants kept under the Re• gistration of Inhabitants Ordinance, 5709—19491), and relating to the municipal area concerned. A certificate from the Minister of the Interior attest• ing such number shall be conclusive evidence of its contents. (2) The table is as follows : Number of Number of Members Category inhabitants of Council A up to 5000 • 9 B from 5001 to .25,000 9 to 15 C from 25,001 to 100,000 15 to' 21 D over 100,000 21 to 31 (3) The Minister of the Interior may increase the number of members of the council.of a municipal corporation which belongs to any of the first' three categories up to the maximum number prescribed in the table for the next category.- (c) A council shall be elected in accordance with the provisions of this Ordinance. Election of 8/ (a) The first council elections after the coming into council. force of the Municipal Corporations Ordinance (Amendment) Law, 5710—1950, shall be held on a date to be prescribed by . - the Minister of the Interior, provided that in a municipal cor• poration in which an appointed council is officiating the election date shall be within one year from the day of its appointment or from the day of. the coming into force of the said Law, whichever is the later date. (b) Thereafter, elections to all councils shall be held on Tuesday, the 1st Cheshvan, 5714, and thenceforward .every four years on the said day of the said month; pro• vided that the Minister of the Interior may, in special cir• cumstances which in his opinion justify his doing so, pre• scribe another election date for a particular municipal cor• poration. . "<''• (c) (1) If the Government has decided that in no mu- Z.R. No. 48 of the 5th Shevat, 5709 (4th February, 1949), Suppl. I. p. 164; LSI vol.11, p. 103. • ' • nicipal corporation • can elections be or have elec• tions been held in time, the Minister of the Inte• rior shall prescribe a new election date, which shall be immediately after the cessation of the cause for the non-holding of elections in time. (2) If the Minister of the Interior has decided that in a particular municipal corporation elections can• not be or have not been held in time, he shall, in consultation with the council then existing, pre• scribe a new election date, which shall be imme• diately after the cessation of the cause for the non- holding of elections in time. (d) Notice of an election date shall be published in Reshumot. (e) A new council shall enter upon its functions on the day following the day on which it was elected and shall hold its first meeting within fourteen days from that last mentioned day. (f) An existing council shall continue in its functions until a new council enters upon its functions. Election g_ (a) For every municipal corporation there shall be established an election committee, consisting of represen• tatives of the party groups represented on the council then existing. The number of representatives of each party group on the committee shall be the same as that of its represen• tatives on the council. (b) The chairman and the other members of the election committee shall be elected by the council from among the inhabitants of the municipal area; their election is subject to the approval of the Minister of the' Interior. (c) To ensure the representation of sections of the com• munity not represented on the council, the Minister of the Interior may include additional members in the election committee, provided that their number shall not exceed one quarter of the aggregate number of elected and additional members. (d) (1) If an election committee does not carry out its functions properly, or is dilatory or remiss in car• rying out its functions, the Minister of the In• terior may give it a warning. If the election com• mittee does not heed the warning, the Minister of the Interior may dismiss it, and in that case the council shall elect a new election committee, in accordance with the provisions of subsections (a) and (b), within a time to be prescribed by the Minister of the Interior. If the council does not elect a new election committee within the prescribed time, the Minister of the Interior may appoint the new election committee. (2) If a new election committee does not carry out its functions properly, or is dilatory• or remiss in car• rying out its functions, the Minister of the Inte- Sl rior may alter its composition or may dismiss it and appoint another committee in its stead. (3) The Minister of the Interior may order a new election committee to complete the work begun by any prior committee.' (e) A majority of the members of an election committee are a quorum at its meetings. (f) A decision of an election committee is passed by a majority of votes of the members of the committee voting at a meeting at which there is a quorum. If the votes are equally divided, the chairman of the committee shall have a casting vote; however, in dealing with an objection, any member of the committee dissenting from the opinion of the chairman may there and then request a further vote at a second meeting. If the votes are equally divided at the sec• ond meeting, the chairman shall have a casting vote. Register of 10. ^n the day prescribed therefor by the Minister of voters. the Interior, the election committee shall begin the preparation of the register of voters, which shall contain the names, surnames, age or year of birth and residential addresses of the voters; the procedure for the preparation of the register shall be prescribed by the election committee with the ap• proval of the Minister of the Interior. (b) For the purpose of preparing the register of voters — (1) the election committee shall use the register of inhabitants kept under the Eegistration of In• habitants Ordinance, 5709—1949, and relating to the municipal area concerned, and any other ma• terial reaching it, including applications by inte• rested persons; (2) the election committee may require any inhabit• ant or any owner or occupier of property in the mu• nicipal area to supply to it or to its agents, in such manner and at such place and time as it may pre• scribe, any information, and to produce to it or to its agents any document, in his possession. (c) The expenditure involved in preparing the register of voters and in holding the election shall be defrayed. from the municipal fund. Persons 11. '(a) The right to be registered aB a voter in the register qualified to vote. of voters is granted to every person who — (1) on the determining day and during the six months preceding it had his permanent place of residence in an area included on the determining day in the municipal area; and (2) on the 31st December preceding the determin• ing day was eighteen years of age or over; (b) Every person registered in the register of. voters shall be regarded as a townsman for the purposes of this Ordinance and Bhall be entitled to take part in the election of the Council. 82 (c) For ,the removal of doubt it is hereby declared that ־ — for the purposes of this Ordinance . (1) no person has on any one day more than one permanent place of residence; (2) the permanent place of residence of' a soldier in the Defence Army of Israel is the place •which was his permanent place of residence on the day of his enlistment. Persons 22. Every person who is registered in the register of voters qualified to be eleoted. and on the 31st December preceding the determining day was twenty years of age or over is qualified to be a candidate member of the Council, except a person ־and to be elected a whose place of permanent residence has ceased to be in the municipal area before the date prescribed for the submission of the lists of .candidates or before the election date. Publication of 13. (a) As soon as the register of voters has been prepared, register of voters. copies thereof shall be deposited at the municipal offices and in such other places as the election committee may prescribe. (b) Every member of the election committee is entitled to receive a copy of the register of voters, against payment or gratis, as the election committee may prescribe. (c) The chairman of the election committee shall publish a notice in the municipal area concerning the deposit of the copies of the register of voters, and shall indicate therein that every person is entitled, within fourteen days from the day of publication of the notice, to inspect a copy and make a copy thereof or an extract therefrom. The notice shall also indicate the right of objection under section 14. (d) A notice by the chairman of the election committee under this section shall be published by depositing a copy thereof at the municipal offices, open for inspection by any person, and by posting up a copy thereof on or near the main building of the municipal offices and in such other public places within the municipal area as the committee may prescribe, and in any other form that the committee may deem suitable for bringing the contents of the notice to the knowledge of the persons interested. Objection. (a) Every person registered in the register of voters or alleging that he is entitled to be registered therein may, within fourteen days from the day of publication of the notice under section 13(c), submit to the election committee a reasoned objection in writing on the ground that he or another person has improperly been registered or not - been registered, or has been incorrectly registered. (b) Where a' person has submitted an objection di rected against another person, he shall furnish the election committee with an additional copy of the statement of objec tion, and the committee shall deliver such copy to' such person. S3 15. (a) The election committee shall itself deal with the objection or shall refer it to a subcommittee to be dealt with ' '׳ .thereby (b) (1) A subcommittee shall consist of an uneven num ber, not less than three, of members of the election committee. (2) A majority of members of the subcommittee are a quorum at its meetings, provided that the number of members present at the meeting shall be uneven ׳ .and not less than three ׳ (3) A decision of a subcommittee is passed by a majority of the votes of the members of the sub committee voting at a meeting at which there is a quorum. But any member who in voting at a meet ing has dissented from the opinion of the majority may there and then announce his intention to refer ׳ the objection to the election committee, and in that case the election committee shall decide on the objection without being bound to hear the parties, and its decision.shall prevail. (c) (1) Where the election committee or a subcommittee dealing with an objection (both in this subsection referred to as "the committee") has seen fit to allow an objection the subject of which is a claim for the registration of a person in the register of voters or for the correction of particulars of registra tion, it shall notify the objector, having regard to the provisions of subsection . (b) (3), that it has allowed his objection. •• • (2) In every other case the. committee shall notify the objector and, if the objection concerns a person other than the objector, such person, of the time at which it will deal with the objection; and every party is entitled to attend and plead before it him self or through his representative. (3) The committee may take evidence and inspect documents as it may think fit; the decision shall be reduced to writing and, if it was given in the absence of any party, the committee shall com municate it to him in writing. (d) Objections^ shall be dealt with within the shortest possible time; and in any case, all objections shall be_ decided on within a period of twenty-one days from the expiration of the time for their submission. 16, (a) Where objections have been submitted and have been decided on under section 15, the chairman of the election committee Bhall correct the register of voters to the extent that the decisions require this, and shall sign each page thereof and each correction he has made therein. Where no objections have been submitted, he shall sign each page of the register immediately upon the expiration of thé time for the submission of objections. (b) Upon the chairman of the election committee having signed the register of voters as aforesaid, the register shall become valid and the validity of the register of voters which preceded it shall expire. No alteration may be made in a valid register of voters except under an order of a competent court, save for a clerical error, which the chairman of the election committee may correct at any time in the presence of at least one other member of the election committee. Appeal 17. (a) A party who considers himself aggrieved by a de• against deoision of cision under section 15 may appeal against it to the district election court in whose area of jurisdiction the municipal area is committee. situated. (b) The appeal shall be submitted within ten dayB from the day of the decision, if the decision was given in the pre• sence of the appellant; if the decision was not given in the presence of the appellant, the appeal shall be submitted within ten days from the day on which a notice of a decision of the election committee or of a subcommittee was delivered to him; but an appeal may be submitted even before delivery of the notice. (c) The election committee shall be respondent to the appeal, in addition to any other opponent of the appellant; and upon the election committee being notified of the appeal, the chairman of the committee shall transmit to the Court all the material that was used in connection with the matter which is the subject of the appeal. (d) (1) The appeal shall be submitted and heard in the form of an application by motion; (2) No court fees shall be payable .in connection with the appeal. (3) The court which deals with the appeal shall, at any sitting, consist of one or more judges, as the president of the court may prescribe. (e) The Court shall determine the appeal within ten ' days from the day of its submission; if it is not able to determine it within the said time, the appeal shall not delay the election. (f) Notice of. the judgment of the Court shall be sent by the registrar, without delay, to the election committee. (g) Where the Court has decided upon a correction in the register of voters, the chairman of the committee shall immediately correct the register in accordance with the de• cision, and he shall confirm each such correction by his signature. Finality of 18. A decision of the election committee (including.a de• deoisions. cision of a subcommittee under section 15) against which no appeal or objection has been submitted under this Ordinance, and a judgment of the district court in an appeal under sec• tion 17, shall be final. Election 19. (a) The election to a council shall be based on universal, method. equal suffrage and shall be direct and by secret ballot; seats shall be allotted on the principle of. proportional representa- 35 tion. The election procedure shall be as provided in ,sections 19-39 (hereinafter, "the election statute"). (b) The Minister of the Interior shall appoint an election officer for every municipal corporation in which an election ׳ .is about to be held (c) The election officer shall, with the consent of the election committee, prescribe the number of polling-stations (in the election statute: "stations"), the location of each polling-station and the area the inhabitants of which are to vote thereat; this area shall be continuous and the polling- station shall be situated within it, unless special circum stances otherwise require. . 20. (*) The candidates shall be proposed in writing in lists of candidates (in the election statute: "lists"). (b) The election officer shall prescribe the place and time for the submission of the lists and shall publish a notice thereof. The time shall be not less than thirty days before the election date; a list submitted too late shall not be ac cepted. (c) There shall not be approved as a candidate a persoD who has not given his written consent thereto within the time prescribed in subsection (b). A candidate who at that time is abroad may give his consent after such time, even by telegram, provided that the letter of consent or the telegram reaches the election officer not less than sixteen days before the election date. (d) Every list shall contain a number of candidates not less than one third of the number of members of the council about to be elected and not more than double "that number. The list shall specify the name, surname, age and address of each candidate. In the event of a change of name the former name shall also be.indicated. The names of the can didates shall be arranged one below the other and each marked with a serial number. (e) A list requires the signature of at least two per cent of the total pumber of voters if such two per cent is less than two hundred voters, and of two hundred voters if such two per cent is more than two hundred voters. The name, surname, age and address of each voter shall be in dicated beside his signature. . (f) The signatories of a list may appoint two voters, one.as the representative of the list and another as his deputy. Where they have done so, they shall indicate the name, sur name, age and address of the representative and of his de puty. Where no such appointment has been made, the first signatory shall be regarded. as the representative and the second as his deputy. The signatories may also propose a name for,the list.' (g) The election officer shall acknowledge in writing the receipt of the list. The acknowledgment of receipt shall indicate the name of the representative of the list and of his deputy, the name proposed for the list and the day and hour of its receipt. (h) A candidate who has not consented to be a candidate shall not be regarded as such; a candidate who has given his consent in respect of more than one list shall not be regarded as a candidate on any list; where a voter has signed more than one list, his signature shall not be counted on any list. (i) (1) The election officer shall, in consultation with the election committee, examine every list of can didates submitted in time. If he finds any defects ' therein, he shall notify the same in writing to the representative of the list and to his deputy and, vhere the defect concerns a particular candidate, to׳ such candidate, at their addresses indicated on the list, and they may rectify the defects within three days from the day on which the notice is delivered at the said address. (2) Approval of a name proposed for a list shall not be withheld unless the name is likely to mis lead. (j) The election officer shall, with the consent of {he election committee, determine whether a list is legal, whether the candidates are qualified to be candidates and whether a name proposed for a list is to be approved. Where a list or a candidate has been rejected, or where a name proposed for a list has not been approved, the election officer shall notify such fact in writing to the representative of the list and to his deputy and, in the case of the rejection of a candidate, to such candidate not less than twenty-one days before the election date. (k) The election officer shall, with the consent of the election committee, mark each list with a letter or letters of the alphabet. (1) The election officer shall publish a notice containing all the lists of candidates, the name proposed for each list and duly approved-, and the letter or letters with which each list'is marked. Publication of the notice shall be regarded as confirmation of the legality of the lists and of the eligibility of the candidates proposed therein. (m) The election officer shall furnish the Minister of the Interior with a copy of every list contained in the said notice. (n) A candidate may withdraw his candidacy by written notice of withdrawal to the election officer not less than seven days before the date of the elections. The election officer shall immediately publish a notice of the fact, sts Ina^ Enter 'nto an election agreement with each^ ^ •^־^ agreements other concerning the pooling of their votes in the election; but not more than two lists shall enter into any one agree ment. (b) Where a list has entered into more than one election agreement, all the election agreements to which it has be come a party shall be void. 37 (c) An election agreement shall be in writing and shall contain no more than a record of the unconditional consent of the parties to pool their votes in the election. The agree• ment requires the signature of the representatives of the two lists or their deputies. (d) An election agreement shall be submitted to the election officer, at such place as he may prescribe, not less than ten days before the election date. (e) The election officer shall, with the consent of the election committee, determine whether an election agreement submitted in time is legal, and shall publish a notice of all the agreements and of the decision concerning the legality of each of them not less than five days before the election date. Declaration 22. (a) Where the number of legally proposed candidates of election results where is equal to the number of members of the council about to no ballot is be elected, the election committee shall declare them, on the required. election date, to be the persons elected as members of the council, and the election officer shall publish a notice to such effect in Reshumot. (b) Where the number of legally proposed candidates is less than the number of members of the council about to be elected, the election officer shall notify such fact to the Mi• nister of the Interior; and the Minister of the Interior shall, notwithstanding the provisions of section 7(b), reduce the number of members of the council to the number of legally proposed candidates, shall declare them, on the election date, to be the persons elected as members of the council and shall publish a notice to such effect in Reshumot. (c) Where the number of legally proposed candidates exceeds the number of members of the council about to be elected, a ballot shall be held. Election 23. (a) Not less than fourteen days before the election date, the election officer shall publish an election notice, indicating: (1) the election date; (2) the hours of voting, which shall be from seven o'clock in the morning to twelve o'clock at night, without a break, provided that if a voter reaches the station before twelve o'clock at night, he may vote even if his voting is delayed until after that hour; (3) the lists, their names (as far as given and duly approved), the letters with which they are marked, ttnd the names, surnames and addresses of the representatives of the lists and of their deputies; (4) the number of stations and the location of each of them and a description of.the area the inhabit• ants of which are to vote thereat. (b) Where before or on the election date a change oc• curs in any of the matters mentioned in subsection (a), the election officer shall immediately publish.a notice thereof. 88 24. (*) The representatives of the lists or their deputies shall famish the election officers with voting-slips for their lists, containing the names and surnames of the candidates and marked with the letter or letters fixed for the list «nd with its name (if proposed and duly approved), and having the form prescribed by the election officer with the consent of the election committee, provided that they shall be uni form in colour and size. The election officer shall notify the representatives of the lists and their deputies, in writing, of the prescribed form not less than fourteen days before the election date. (b) The election officer shall furnish to each station — (1) a copy of such part of the register of voters as includes the voters who are to vote thereat; -a box for the reception of envelopes with voting (׳ (2 slips (in the election statute: "ballot-box"), fitted with a lock and key, and so designed as to permit the insertion therein of envelopes with voting-slips, but not to permit their removal therefrom without opening the lock; (3) a quantity of voting-slips for each list, from those furnished to him under subsection (a), to be placed in the voting-booth for use by the voters; (4) a sufficient quantity of envelopes bearing the official seal of the election officer. (c) The form of the envelopes shall be prescribed by the election officer, with the consent of the election committee, provided that they shall be uniform in paper, colour and size. (d) The election officer shall exhibit in a conspicuous position at each station: (1) a notice containing all the lists, their names (in so far as proposed and duly approved) and the letters with which they are marked; (2) a poster indicating that the envelope in which the voter inserts the voting-slip must bear the official seal of the election officer. 25. (°) 0) The election officer shall, with the consent of the election committee, appoint for each station a poll ing committee, (hereinafter in the election statute: "the committee"), including a chairman for each committee. (2) A committee shall-consist of uot less than three members. Where the number of lists appearing in the election is three or less, they shall all be repre sented on the committee; where their number is more than three, at least three lists shall be repre sented. (b) Where an act which the committee is bound or per mitted to do under the election statute has been done by a member of the committee appointed by it in that behalf, such act shall be deemed to have been done by the committee. Order at the 26. (a) The chairman of the committee shall regulate the entry of voters to the station for the purpose of voting. (b) At the time of the exhibition of the ballot-box under section 27(a) and at the time of-the voting ho person shall be at the station except — (1) the election officer and the members of the com• mittee; (2) one observer on behalf of each list, appointed by the representative of the list or by his deputy; (3) any of the members of the election committee; (4) the Minister of the Interior or his representa• tive; (5) police officers who im the opinion of the commit• tee are required for the maintenance of order; (6) the voters, who have been permitted to enter for the purpose of voting. , (c) The chairman of the committee shall maintain order at the station, and he may remove any person who does not behave properly thereat or who dees not obey his instructions, and such person shall not be readmitted to the station without the permission of the chairman; hot this power shall not be exercised in order to prevent a voter entitled to vote at. the station from exercising this right. Voting 27. (a) Before the voting begins, the chairman of the corn- procedure, mittee shall exhibit to the persons present at the station the ballot-box, open and empty; thereafter he shall lock it in their presence and shall seal it in such manner that it is not possible to open it without breaking the seal. (b) A voter who has entered the station •shall first iden• tify himself; as a means of identification, there shall only be used an identification booklet issued under the Emergency Regulations (Registration of Inhabitants), 5706—1948»), or an identity certificate issued under the Registration of Inhab• itants Ordinance, 5709—1949*). (c) As soon' as he has identified himself, the committee shall call out the name of the voter, and it shall be indicated on the copy of the register of voters, beside the name of the voter, *hat the voter has asked to vote. Thereafter the committee shall hand to,the voter one of the envelopes fur• nished to the station under section 24. (d) As soon as the voter has received the envelope, he shall go to the voting-booth, which shall be erected at the station in such manner as to ensure secrecy of the voting; there he shall put in the envelope the voting-slip of the list for which he votes; then he shall come back and show the envelope to the committee in such manner that the commit• tee sees the seal of the election officer on it, and shall drop the envelope into the polling-box. The committee shall indicate in the identification booklet or, identity certificate that the holder of the booklet or certificate has voted. This shall also be indicated by it in the copy of the register of voters. 1) I.K. No. 16 of the 13th Av, 5708 (18th August. 1948), Snppl. H, p. 7?. 2) I.R. No. 48 of the 5th Shevat, 5709 (4th February, 1349), BoppL I, p. 164: LSI vol. II, p. 103. 40 votestfUl 28. I* a Person represents himself as a certain voter, and asks to vote, after another person has already •voted as that voter, the following procedure shall be adopted: the person shall hand the envelope, •with his voting-slip in it, to the com• mittee, and the committee shall insert the envelope into an• other envelope, of different colour, and shall inscribe on it the name of the voter, his number in the register of voters, the number of his identification booklet or identity certificate, and all the circumstances of the case, and shall place it in a separate batch. (The vote of such a person is hereafter in the election statute referred to as a "doubtful vote"). Counting 29 (a) The counting of votes shall be done by the committee of votes ' at the station immediately upon termination of the voting, and shall not stop until it is finished. (b) No person, other than those specified in paragraphs (1) — (5) of section 26(b), may be present at the counting of the votes, save with the approval of the election officer. (c) In the presence of those present at the counting of the votes, the committee shall open the ballot-box, shall take out all the envelopes which are therein, and shall count them and record their number. • Thereafter the chairman of the committee or a member of the committee appointed by him in that behalf shall open each envelope separately, take out from it the voting-slip, read aloud the letter of the list ap• pearing on the voting-slip, show the slip to those present and put it in the place assigned for the slips of that list, in such manner that the slips delivered for each list form a separate batch. The chairman of the Committee shall appoint at least two members thereof who, at the time of the reading of the voting-slips as aforesaid, shall, each on a separate sheet, re-, cord the votes cast for each list, as well as the invalid votes and the empty envelopes. Upon termination of the reading, those members Bhall add up the votes. If the totals arrived at by all members are not identical, the committee shall count the slips of the list in respect of which there is no agreement and, if it deems it necessary, also the other slips, and the results of the election at the station shall be determined in accordance with this count. (d) A voting-slip found in an envelope not bearing the official seal of the election officer shall be void. (e) Where more than one slip of the same list is found in any envelope the vote shall be valid; where slips of dif• ferent lists are found the vote shall be invalid. (f) Where a voter has deleted a name on the voting-slip, the vote shall not therefore be invalid, but the deletion shall be ignored; however, if the name of a candidate is deleted on not less than half of the valid voting slips of the list on which he is proposed, he Bhall deemed never to have been proposed thereon. Keeping 30 (a) The committee shall keep a record indicating — of record. (1) the implementation of the provisions of section 27(a); (2) the time of the commencement of the voting; 41 (3) the time of the termination of the voting; (4) the names of the members of the committee who carried out the functions mentioned in section 29(c) and, beside the name of each of them, his re spective function; (5) the number of voters at the station according to the entries in the register of voters; (6) the number of voters who have voted at the station; (7) the number of invalid votes and of empty en velopes; (8) the number of doubtful votes; (9) the total number of valid votes; (10) in the event of a discrepancy between the fig ures under paragraphs (7), (8) and (9) and the fig ure tinder paragraph (6) — the reason which in the opinion of the committee has caused the discrep ancy ; (11) the number of valid votes cast for each list; (12) the names of the members of the committee and of the observers on behalf of the lists who were present at the exhibition of the ballot-box under section 27(a), at the commencement of the counting of the votes under section 29(a) and at the deter- . urination of the results of the election at the station under section 29(c); (13) any such remark of any of the members of the committee, or of an observer on behalf of a list, as he has required to be included in the record. (b) All the members of the committee shall sign the record. If one of them has not signed, the chairman of the committee shall indicate the reason therefor, and the record shall not then be defective on that account. (c) Immediately after the .termination of the counting of the votes, the committee shall transmit the record, to gether with the copy of the register of voters furnished to the station under section 24, all the voting-slips, the batch of en velopes with the doubtful votes, and all the other papers per taining to the election, to the election officer, all tied up in a closed parcel bearing the signature of the chairman of the committee. Summing up (a) The election officer shall, together with the election ot polls. " ., , . , . , - , committee and m the presence of the representative of the lists or their deputies, examine the records transmitted to him under section 30(c) immediately after receipt thereof, and, if he deems it necessary, also the other papers transmit ted to him under the said section, and the polls shall be ••׳.!.־. .summed up (b) In respect of doubtful votes, the following proce dure shall be adopted: the chairman of the election committee or another of its members appointed by him in that behalf shall open the outer envelope, and the election committee 42 shall decide whether to accept the vote or to reject it. If it decides to accept it, the inner envelope shall be placed in a ballot-box; if it decides to reject it, the inner envelope shall be destroyed, together with the voting-slip in it, without being opened. When the consideration of the doubtful votes has been terminated, the ballot-box containing the validated votes shall be opened and these votes shall be counted. (c) The election officer shall keep a record, indicating — (1) the lists contained in the notice mentioned in section 20(1); (2) the number of stations; (3) the particulars mentioned in paragraphs (5), (6), (7), (8), (9; and (11) of section 30 h) in relation to each station; '' the total number of voters in the municipal area; (D) the total number of voters who have cast their votes; (6) the total number of invalid votes and of empty, envelopes; (7) the number of doubtful votes, and how many of them have been validated and how many invalid ated; (8) the total number of valid votes; (9) the total number of valid votes cast for each list; X10) the number cf seats on the council gained by each list; (11) the names, surnames and addresses of the persons elected as members of the council on each list; (12) any such remark of one of the members of the election committee, or of a representative of a list or his deputy, as he has required to be included in the record. (d) • The record shall be made wit in two copies; one copy shall be delivered by the election officer to the Minister of the Interior, and the other to the town clerk. (e) All the members of the election committee and the representative of each list or his deputy shall sign' the record; if one of them has not signed, the chairman of the election therefor, and the record ־ committee shall indicate the reason shall not then be defective on that account. Allotment 32. (a) I" this section — of seats on the Council. "quota" means the whole number resulting from the division of the total number of valid votes cast in the election by the number of members of the council about to be elected; "module" means the whole number resulting from the division of the total number of valid votes ob tained by the lists participating in the allotment of seats on the council by the number of members of the council about to be elected; 43 "surplus" means the( number of votes remaining after the division by the module of the number of valid votes obtained by any list and, in relation to a list the number of valid votes of which does not reach the module, the total number of its valid votes. (b) In the allotment of seats on the council there shall participate only those lists the number of valid votes of each of which is not less than 75 per cent of the quota. The allot ment shall be as follows: (1) each list shall gain one seat oh the council for each' time that the module is contained in the number of valid •\otes obtained by it; (2) the remaining seats shall be distributed one by one among the lists having the largest surpluses, in the order of the size of the surpluses. (c) For the purposes of subsection (b), two lists which have entered into an election agreement shall be regarded as one list with a number of votes equal to the number obtained by both of them together. (d) The. seats gained by two lists which have entered into an election agreement as aforesaid shall be divided be tween them as follows: (1) each of the two lists shall gain one seat for each time that the module is contained in the number of valid votes obtained by it; if after this apportion ment there are still two seats left to them, each shall gain one seat; if only one seat is left, it shall go to the list having the larger surplus; however, if the number of valid votes of one list (hereafter in this paragraph: "the first list") is less than 75 per cent of the quota, and the second list has obtained a number of votes not less than 75 per cent of the quota and would have gained the number of seats due to both lists as aforesaid if it had not entered into an election agreement with the first list, the first list shall gain no seat, and the second list sHall gain all the seats due to both lists; (2) if the number of valid votes of each of the two lists as aforesaid is less than the module, then, if two seats are due to the two lists, each shall gain one seat; if only one seat is. due to them, it shall go to the list which has obtained the larger number of votes. (e) If several lists have equal surpluses, the decision between them shall be by a drawing of lots, to be held in ־ public by the election officer. (f) The order of priority of the candidates on a list which has gained seats on the council shall be in accordance with their order on the list. Publication ot 33. Immediately after making the record mentioned in election results. section 31(c), the election officer shall prepare a notice con- tainingthe particulars mentioned in paragraphs (1) and (4)— (11) of the said section; and he shall publish that notice in Reshumot. 44 Safeguarding 34. (*) 4s' 80011 as tne summing-up of the pools is termi• of documents. nated, the election officer shall sort the various documents relating to the election according to categories, shall make a separate parcel of each category, shall inscribe on each parcel a description of its contents, and shall close it and keep it in a safe place until after the expiration of the time for the submission of election appeals and, if election appeals have been submitted, until after the giving of the judgments therein. After such time he shall arrange for the parcels, to be destroyed, unless he has been ordered by a competent court to arrange otherwise. The lists shall be delivered by him to the town clerk, who shall keep them until the next election to the council. (b) Any interested person may inspect documents re• lating to. the election, but the inspection of voting-slips shall only be permitted by virtue of an order of the district court on the application of a person interested in the submission of an election appeal or the filing of a criminal action in con• nection with the election. Day of 35. The day on which a notice under section 22(a), 22(b), election of the council. or 33 is published in Reshumot shall be regarded as the day of the election of the council. Power of 36. The election officer shall notify the Minister of thé In- Minister of the Interior terior of any such act or omission of the election committee in connection as in the opinion of the election officer is contrary to.the with acts of the election election statute, and the Minister of the Interior may annul committee. such an act and do instead such act as he thinks fit, or may do an act which the committee has omitted to do as aforesaid, as the case may be; an act done by the Minister of the In• terior under this section is deemed to have been done by the election committee. Mode of 37. (*) Where any of the provisions of the election statute publication. requires simple publication of a document, the document shall be published by depositing a copy thereof at the muni• cipal offices, open for inspection by any person, and by post• ing up a copy thereof on or near the main building of the municipal offices and in such other public places in the muni• cipal area as the election officer may with the consent of the election committee prescribe and in any other form deemed suitable for bringing the contents of the document to the knowledge of the persons interested. (b) A document required to be published in Reshumot shall also be published in the manner described in subsection (a). Signing of 38. A document drawn-up by the election officer and relating documents. to an act which, according to the election statute, requires the consent of the election committee shall be signed by the election officer and the chairman of the election committee. Directions of 39. Having regard to the provisions of this Ordinance, the Minister of the Interior Minister of the Interior may issue directions, in so for as relating to they are not contained in the election' statute, as to the pro• election procedure. cedure of the election. 4B Interference Aft A person who — with election. * (1) forges, destroys or unlawfully alters a register of voters, a copy thereof or any part of such a register of copy; or (2) interferes with the orderly progress of the elec• tion; or (3) obstructs or prevents a voter from voting; or (4) handles a ballot-box without permission or re• moves a ballot-box from the control of those in charge of it; .or (5) without permission interferes in the opening of a ballot-box or the counting of votes. is liable to imprisonment for a term not exceeding one year or to a fine not exceeding five hundred pounds or to both such penalties. (b) A member of an election committee, or a person in charge of a ballot-box or of maintaining order at a polling- . station, who does any of the acts mentioned in subsection (a) is liable to imprisonment for a term not exceeding three years or to a fine not exceeding one thousand five hundred pounds or to both such penalties. Corruption A1 (a) A person who — and threats. (1) gives or offers a bribe in order to induce a voter — (i) to vote or refrain from voting, generally or for a particular list of candidates; or (ii) to become or not to become, or to cease being, a candidate, generally or on a particular list of candidates; (2) receives or agrees to receive a bribe, for himself or for another person, for his consent — (i) to vote or refrain from voting, generally or for a particular list of candidates; or (ii) to become or not to become, or to cease being, a candidate, generally or on a particular list of candidates ;or (iii) to induce another person to vote or refrain from voting, generally or for a particular list of candidates; or (iv) to induce another person to become or not to become, or to cease being, a candidate, gen• erally or on a particular list of candidates; or (3) threatens a voter with causing harm — whether physical or material or any other harm — to the voter or another person if the voter votes or refrains from voting, generally or for a particular list of candidates, or if he becomes or does not become, or ceases being, a candidate, generally or on. a partic• ular list of candidates, is liable to imprisonment for a term not exceeding one year or to a fine not exceeding five hundred pounds or to both such penalties. 46 (b) "Bribe", in this section, includes a gift, a right, a loan and any other benefit. ׳ , — Unlawful 42. A person who voting. (1) uses for his identification at the polling-box an iden tification booklet or identity certificate not 'being his legal booklet or certificate; (2) votes more than once, whether at the same polling- box or at different polling-boxes; (3) drops into the polling-box more than one envelope, whether'containing a voting-slip or empty, is liable to imprisonment for a term not exceeding six months or to a fine not exceeding two hundred and fifty pounds or to both such penalties. Other oflences '43. A'person who — in connection with an (1) interferes with the orderly progress of an election election. propaganda meeting or with any other election propa ganda ;or (2) removes, destroys, covers up or defiles a notice on election matters on behalf of an election committee, or a poster or any other material' constituting election propaganda, unless it is obsolete or has been affixed to his house, shop or office without his consent; (3) on the election date conducts election propaganda, in writing,. orally or in any other form, at, or at a distance of less than twenty-five metres from',, any polling-station; or (4) destroys, defiles, conceals or unlawfully takes a voting-slip which is in a polling-booth is liable to imprisonment for a term not exceeding six months or to a fine not exceeding two hundred and fifty pounds or to both such penalties. Election 44. (a) A voter, or a person who alleges that he is a voter appeal. and whose appeal under section 17 in the matter of his right to be a voter is pending on the day on which he files an appeal under this section, or the Attorney General or his representative, may, within fourteen days from the day of the election of the council, file an election appeal with the district court in whose area of jurisdiction the municipal area is situated, on any of the following grounds: (1) that a certain candidate whose election has been announced in accordance with the election statute was unlawfully approved as a candidate or has not been lawfully elected, and that another person has been elected instead; (2) that the election is void. (b) The election committee, the election officer and every person whose qualification to be a candidate or whose election is appealed against shall be respondents to the election appeal. (c) (1) An election appeal shall be submitted and heard in the form of an application by motion. No court fees shall be payable in connection ־־ (2) ..with an election appeal ׳ (3) The Court shall determine an election appeal within thirty days from the day on which it is submitted. , '(d) The Court shall determine whether the person whose qualification to be a candidate or whose election is appealed against was qualified to be a candidate or has been lawfully elected, or whether another person has been elected instead, or whether the election is void; however, the Court shall not invalidate an election unless it appears to it that the defect which serves as ground for the election appeal was likely to affect the results. (e) . The judgment of the Court shall be final. (f) Notice of the judgment of the Court shall be served without delay by the registrar upon the Minister of the Interior. (g) The.Minister of the Interior shall publish in Beshu- mot the findings of the Court under subsection (d). Effects of 45. (a) An election appeal shall not hinder the elected election appeal. council from entering upon its functions. (b) Where the Court has determined that a certain person haB not been lawfully elected and that another person has been elected instead, that first-mentioned person's par ticipation in the• meetings and acts of the council prior to the judgment of the Court shall not impair the legality of the acts of the council; however, a decision passed prior to the judgment and which would not have been passed had not such a person voted for it is subject to the approval of the Minister of th,e Interior.• • (c) Where an election appeal has been submitted re questing the Court to determine that the election is void, any decision passed prior to the judgment of the Court shall be subject to the approval of the Minister of the Interior. (d) Where the Court has determined that the election is void, a new election shall be held at such date, not later than thirty days from the day of the judgment, as the Mi nister of the Interior shall prescribe. Until after the new election, the affairs of the town shall be conducted by A committee the chairman and other members of which shall be appointed by the Minister of the Interior. Such a com mittee and the chairman thereof shall have the status of a council and mayor. Persons. 46. (a) The following are disqualified for officiating as disqualified . for office. members of a council: (1) a person whose permanent place of residence is no longer in the municipal area; (2) . a lunatic ; (3) a police officer; (4) a paid State employee. whose work ia, connected with matters of district administration or local 48 I government or whose work is Ifkely to lead to a contradiction or. discordance between his functions in the State service and his functions as a member of the council; (5) a paid employee ' of any other local. authority whose work is likely to lead to a contradiction or discordance between his functions in the service of that local authority and his functions as a member of the council. (b) A person who officiates as a member of a council whilst being disqualified therefor is liable to a fine not ex• ceeding five hundred pounds. Member of 47. (a) •A member of a council who, directly or indirectly, eouncil interested himself or through his spouse, agent or partner, bas any in contract. share or interest in any contract or transaction entered into with, on behalf of or in the name of the municipal corpora• tion, other than a contract for the receipt of any of the ser• vices which the municipal corporation provides for the in• habitants — (1) shall notify such fact in writing to the council or to the committee which deals with the contract or transaction, before the first meeting in which it deals therewith; (2) shall not participate in the deliberations on the contract or transaction in the council or committee and shall not take part in the vote on any question in connection therewith. (b) The provisions of subsection (a) shall not apply to a member of a council by reason only that he is a shareholder or a member of a juridical person which, in fhe manner specified in that subsection, has a share or interest in a contract or transaction as referred to in that subsection, unless he serves as a director or responsible official of that juridical person or unless his share in the capital or profits of that person exceeds one twentieth. (c) A person who contravenes the provisions of sub• section (a) is liable to imprisonment for a term not exceeding one year or to a fine not exceeding five hundred pounds or to both such penalties. Resignation of 48. •A member of a council may resign from his. functions member of oouncil. by giving notice in writing to the mayor. Absence from 49. •A member of a council who has been absent from the meetings of the couuncil. meetings of the council for three consecutive months or, where there have been less than• three meetings in three months, from three consecutive meetings shall cease to be a member of the council unless he has been absent by reason of illness or by reason of service in the Defence Army of Israel or with the permission of the Council. Election eto. 50. (a) •A council which has been elected under- this Or• of mayor. dinance shall, at its first meeting, proceed to elect one of its members as mayor. . 49, (b) The voting Bhall be open. (c) The following rules shall apply to the election of ׳ :a mayor (1) The candidate who has received more than half of the votes of all the members of the council is elected. (2) If no candidate has received such a majority, a second vote shall be taken. Upon the demand of any of the members of the council the second vote shall be postponed to another meeting, which shall take place on the weekday following the day of the first meeting. (3) The candidate who at the second or any sub sequent vote has received more than half of the votes of the members of the council who took part in the voting (hereinafter in this subsection: "ma jority") is elected. (4) If no candidate has received a majority at the second vote, a third vote shall be taken. (5) If no candidate has received a majority at the third ! vote, a fourth vote shall be taken; upon the demand of any of the members of the council the fourth vote shall be postponed to another meeting, which shall be held on the weekday following the day on which the third vote took place. ' At the fourth vote, only those candidates shall• stand for election who stood for election at the third vote. (6) If no candidate has received a majority at the fourth vote, voting shall continue Until one can- didate - receives a majority! At the fifth and any ׳ subsequent vote the candidate who at the preceding vote received thé smallest number of votes shall no longer stand for election (hereafter in this sub• section: "shall withdraw"). If several candidates have received the same number of votes, such number being the smallest number, the following procedure shall be adopted : if there are two candid• ates as aforesaid, one of them shall withdraw as shall be determined by lot; if there are more than two, only one candidate shall withdraw before any subsequent vote, as shall be determined by lot. (7) Any drawing of lots under this section shall be held on the spot by the' chairman of the meeting ; if at the meeting which preceded the vote the chair• man was himself a candidate for the mayoralty, the drawing of lots shall be held by a member of the council to be appointed by the council in that behalf. (d) Until a mayor is elected under this section, there shall officiate as mayor the person who held that 'office on the election date (if that person has been elected to the new council) or (if that person has not been elected) •the person whom the Minister of the Interior shall appoint in that be• ־' .half >- "(e) A council elected under this Ordinance shall elect from among its members at least one deputy mayor. The provisions- of subsections (b) and (c) shall apply mutatis mutandis to the election of a deputy mayor. (f) If the mayor is unable to act, or if he has ceased to hold office and a new mayor has not yet been elected, there shall act in his stead — (1) if there is only one deputy mayor — the deputy mayor; (2) if there is more than one deputy mayor — such deputy mayor as the council shall appoint in that be half; (3) if the deputy mayor or all the deputy mayors are unable to act, or if the. deputy mayor or all the deputy mayors has or have ceased to hold office and a new deputy mayor has not yet been elected — such member of the council as the council shall appoint in that be half. (g) (1) A mayor or deputy mayor shall cease to hold — office -׳ (i) if he has ceased to be a member of the council; or (ii) if he has resigned by giving notice in writ ing to the council; (iii) if he has been removed from office by the . council. (2) A decision of the council to remove a mayor or deputy mayor from office shall be valid only if it has been passed at a meeting called specially for this purpose and if more than half of all the mem bers of the council have voted for it; however, if the reason for the removal from office is a convic tion, by final judgment, of an offence involving ignominy, a decision passed by a simple majority shall suffice. (h) The council shall notify every election, resignation or removal from office, under' this section to the Minister of the Interior, who shall publish notice thereof in Reshumot. 51. (a) If one of the following has ceased to hold office: (1) the mayor; (2) a.deputy mayor besides whom there was no other deputy mayor, the council shall, not later than the next ordinary meeting after his place became vacant, elect a new mayor or deputy mayor in his stead in the manner prescribed in section SO. (b) (1) Where a member of a council has ceased to hold office, his place shall be taken by the candidate whose name appears in the list of candidates of that member after the names of the candidates who were elected on it in the preceding election to the council; and if. that candidate has already entered the council in this manner-or if he is disqualified 61 or cannot become a member of the cooncil for any other reason, or if he has notified the mayor in writing that he does not desire to become a member of the council, his place shall be taken by the can name appears after his in the said ׳ didate whose list of candidates, and so on. ,fill the vacancy ׳If there is no one in the list to (2) as provided in paragraph (1), a new member shall be appointed without delay by the Minister of the Interior from among persons qualified to be elected as members of. the council, upon the proposal of the organisation of that section of the .community on behalf of which the member whose place has fallen vacant was elected, or, if in the opinion of the Minister of the Interior there is no such organisa tion, having regard to the wishes of those persons whom the Minister of the Interior regards as the . representatives of that section of the community. Delegation of 52.' •A deputy mayor.or an employee, of the. municipal cor functions and . powers of the poration may carry out the functions and exercise the powers mayor. of the mayor to the extent that such functions and powers have been delegated to him by the mayor, with the approval of the council, either generally or for a particular matter or "class of matters.". - -(c) In section 122, after the words "in any form required' to be filled up", there, shall be inserted the words "or..in any other document permitted or required to be submitted"; (d) In the First Schedule, the expression "number of councillors" shall, wher ever occurring, be deleted, and every number relating to. that expression shall ־.׳'_ ;' ;also be deleted (e) The Sixth Schedule and the Eighth Schedule are hereby repealed. : Repeal. 2. (a) There •are hereby repealed: .. _'׳.' ;(the Municipal Election Petition Bules.19351 (1) (2) the Municipal Corporations (Election) Rules, 57Q9--19492). Elections - 3. (a) The Minister of the Interior may, after consultation with the Minister of among soldiers. Defence, issue directions as to the preparation of special registers of voters for soldierB, the publication or non-publication thereof and the granting or non- granting of a right of appeal or objection in connection therewith, and as'to the mode of participation of soldiers in election's to municipal councils; such directions do not require publication in Réshumot. : .... (b) Any of .the provisions of the Ordinance (as amended by. this Law) which is repugnant to or inconsistent with à direction issued under subsection (a) shall not apply to elections among soldiers. (c) "Soldier", in this section, means a person who has.served in the Defence Army of Israel for à period determined by the Minister of the Interior after consultation with the Minister ,of Defence, provided that it 'shall, fall within the period between the determining day, within the meaning of section 2 of the Ordinance (as amended by this Law), and the election date. 1) P.O. No. 522 of the 27th June, 1935, Snppl. II p. 651 (English Edition). 2) KoveU Ba-Takkanot No. 4 of the 15th Adar^5709 (16th March, 1949), p.. 106. 52 . (d) This section shall have effect retroactively as from the 3rd Adar, 5709 (4th March, 1949). .- . . 4. Mayors, deputy mayors and election committees who or which were appointed appointme under the Ordinance before the day of the coming into force of this Law, and and dates, who or which held office immediately before that day, shall continue in office, and the provisions of the Ordinance (as amended by this Law) shall apply to them as if they had been elected thereunder. 5. For the purposes of an election to a municipal council held in the year 5710, The determin• ing day in the the 12th Tevet 5710 (1st January, 1950) shall be regarded as the determining day, year 5710. within the meaning of section 2 of the Ordinance (as amended by this Law), as if it had been prescribed by the Minister of the Interior under section 10 of the Ordinance (as amended by this Law). DAVID BEN-GURION MOSHE SHAPIRA Prime Minister Minister of the Interior CHAIM WEIZMANN President of the State No. 13 DEPOSIT FUND AND PRICE REDUCTION FUND (HIGH-COST-OF-LIVING ALLOWANCE) LAW, 5710—1950* 1, In this Law — Interpreta• tion. "undertaking" means any place of employment in which at least three persons are employed and in which a high-cost-of-living allowance was in force on, or was introduced after the 2nd Nisan, 5709 (1st April, 1949); "owner of an undertaking" means the person who defrays the remuneration of the employees of the undertaking and includes a cooperative society in respect of those of its members v.h>> are employed by it; "employee" means a person employed for a remuneration in any employment whatsoever and includes a member of a cooperative society employed for a remuneration by the cooperative society of which he is a member; "the existing index" means the high-cost-living-index which was prepared by the Government's Central Bureau of Statistics before the coming into force of this Law or which will be prepared by it in the period between the coming into force of this Law and the expiration of the intermediate period; "the new index" means the high-cost-of-living index to be prepared and published by the Government under section 8; "high-cost-of-living allowance" means an addition to the basic pay, varying in accordance with variations of the high-cost-of-living index; "amount of deduction", in relation to an employee of an undertaking from time to time, means the amount by which the high-cost-of-living allowance to which the employee is entitled at a particular time, whether by agreement, collec(ive * Passed by the Knesset on the 6th Shevat. 5710 (24th January, 1950) and published in Sefer Ba-Chukkim No. 32 of the 12th Shevat, 5710, p. 65; the Bill and an Explanatory Note were published in Hatta'ot Chok No. 30 of the 6th Tevet. 5710 (26th December, 1949) p. 70. 63 cost-of-living allowance־or individual, or by custom, is less than the high to which he would have been entitled at that time, as aforesaid, if the determining index had not decreased since the 30th Shevat, 5709 (1st March, 1949); in this definition, "the determining index" means — (a) in respect of the period until the expiration of the intermediate period — the existing index; (6) in respect of the period after the expiration of the intermediate period — the new index; "intermediate deduction", in relation to an employee of an undertaking from time'to time, means the amount by which the high-cost-of-living allowance to which the employee is entitled at a particular time, whether by agreement, collective• or individual, or by custom, is less than the high-cost-of-living allowance to which he' would have been entitled at that time, as aforesaid, if the determining index had not decreased since the 4th Sivan, 5709 (1st June, 1949); in this definition, "the determining index" means the existing index, having regard to the prov isions of section 9; "the intermediate period" means the period from-the 8th Tishri, 5710 (1st October, 1949) until the first date of adjustment following the first publication of the new index; in this definition, "date of adjustment" means auy one of the following four dates: the 1st of January, the 1st of April, the 1st of July and the 1st of October. 2. (a) The Minister of Finance shall appoint a competent officer, or competent of ficers, for the purpose of this Law. . (b) An appointment under •this section may be for the whole country or restricted as to its area. . (c) Notice of the appointment of a competent officer and of his address shall ׳ • .be published in.Reshumot 3;(a) Within the first seven days of every month, beginning February, 1950, the owner of an undertaking shall submit to a competent officer a written return, in triplicate', containing, in respect of the period of return, the particulars specified . below, and shall forward a copy of the return to the committee (if any) of the employees of the undertaking. The particulars are as follows: . (1) the name of the owner of the undertaking and the address of the under taking ; • • •'. . (2) the name and private address of every employee who was employed by the owner of the undertaking during the whole or a part of the period of return; (3) •the total amount of pay which the owner of the undertaking paid to each employee during the period of return, with separate indication of the basic pay and the high-cost-of-living allowance; (4) the amount of deduction of each employee, and the total of the amounts of deduction of all employees, during the period of return; . • (5) the intermediate deduction of each employee, and the total of the in termediate deductions of all employees, during the period of return; provided that thiB particular shall be required only in respect of the inter mediate period; . ; (6) any other particular as may be prescribed by regulations. , (b) "The period of return" means— (1) in respect of the return required to be submitted in February, 1950 — the period from the 4th Tammuz, 5709 (1st July, 1949) to the 13th Shevat, 5710. (31st January, 1950); 64 (2) in respect of every return required to be submitted in the time from March, 1950, onwards — the last month preceding the month in which the return is required to be submitted. (c) The duty of submitting a return under subsection (a) shall not rest upon the owner of an undertaking in respect of the period subsequent to the expiration of the intermediate period unless an order under section 10 has been made in respect of the undertaking. Oflences in 4. (a) An owner of an undertaking who doe3 not submit a return in accordance connection with section 3 is liable to a fine not exceeding ten pounds in respect of each day of with returns. delay in submitting the return. (b) An owner of an undertaking who gives any false particulars in a return submitted under section 3 is liable to imprisonment for a term not exceeding six months or to a fine not exceeding six hundred pounds or to both such penalties. (c) Where the owner of an undertaking is a body corporate, every person who at the time of the commission of an offence under subsection (a) or (b) was, or carried out functions of, a manager of such body shall be likewise guilty of the offence. Determination 5. (a) As soon as possible after the expiration of the time set for the submission of total of a return under section 3, a competent officer as aforesaid shall determine in respect deductions and total of every undertaking, by certificate under his hand, the total of the amounts of de• intermediate duction of all employees of the undertaking during the period of return (hereinafter: ded ur.tions. "the total deductions") and, where the period of return falls, wholly or in part, within the intermediate period, the total of the intermediate deductions of all em• ployees of the undertaking during the period of return (hereinafter: "the total in• termediate deductions"). (b) Where the owner of an undertaking has submitted a return under section 3, the competent officer may — (1) approve the return and determine the total deductions and total intermediate deductions accordingly ;or — (2) if he has reasonable grounds for assuming that the return is inaccu• rate — determine the total deductions and total intermediate deductions on the basis of information in his possession; in this case, the competent officer shall indicate in the certificate the reasons which led him to deter• mine the total deductions and total intermediate deductions as he did in the certificate. (c) Where the owner of an -undertaking has not submitted a return under Ejection 3, the competent officer may determine the total deductions and total 'intermediate deductions on the basis of information in his possession. (d) A certificate under this section shall be sent to the owner of the under• taking, by registered post, at the address of the undertaking and shall be deemed to have been delivered to him at the expiration of forty-eight hours from the time when it was delivered to the Post Office for despatch. 6. (a) An owner of an undertaking who submits a return under section 3 shall, Deposit with upon submitting it, pay to the Treasury an amount equal to one third of the total Treasury. intermediate deductions specified in the return. (b) Where a certificate under section 5 has been delivered to the owner of an undertaking, and the total intermediate deductions determined by the certificate exceeds the total intermediate deductions specified in the return, and. the owner of the undertaking has not appealed against the certificate under section 16, the owner of the undertaking shall, within four days from the day of the expiration of the period of appeal, pay to the Treasury an additional amount equal to one third of 55 the difference between the total intermediate deductions determined by the certificate and the total intermediate deductions specified in the return. (c) Where a certificate under section 5 has been delivered to the owner of an undertaking, and the total intermediate deductions determined by the certificate exceeds the total intermediate deductions specified in the return, and the owner of the undertaking has appealed against' the certificate under section 16, the owner of the undertaking shall, within four days from the day on which the decision on the appeal was notified to him, pay to the Treasury an additional amount equal to one third of the difference between the total intermediate deductions determined by the certificate — with Buch variations as may have been made therein by the decision on the appeal — and the total intermediate deductions specified in the return. (d) Where the owner of an undertaking has not submitted a return under section 3, and a certificate under section 5 has been delivered to him, he shall, within four days from the day on which the certificate was delivered to him, pay to the Treasury an amount equal to one third of the total intermediate deductions as determined by the certificate. (e) The duty of payment imposed on the owner of an undertaking by this section shall relate only to the intermediate period.. Deposit Fund. *7, The moneys paid to the Treasury under section 6 shall constitute a special fund, to be called "the High-Cost-of-Living Allowance Deposit Fund". This fund shall be kept by the Treasury until the expiration of the intermediate period. New high-cost• 8. (a) The Government shall determine a new basis for the high-cost-of-living .(I1 <31st December, 1950׳ indexinS in"*ex not later than the 22nd Tevet57 (b) A high-cost-of-living index according to the new basis shall be prepared and ׳ —published in Reshuinot (1) in the first instance — not later than the 22nd Tevet, 5711 (31st De cember, 1950), in respect of the period from the 7th Elul, 5709 (1st Sep tember, 1949) to the last day of the month preceding the day of publication ; (2) thereafter — during the first fourteen days of every month, in respect . of the preceding month. How the 9. (a) If after the expiration of the intermediate period it appears that during the FunTshall be intermediate period the new intermediate deduction of an employee was less by one disposed of. third or more than the old intermediate deduction of that employee, that employee shall be paid by the Treasury, from the moneys of the High-Cost-of-Living Allow ance Deposit Fund, fhe amount which the owner of the undertaking has paid into that Fund in his respect. (b) If after the expiration of the intermediate period it appears that during the intermediate. period the new intermediate deduction of an employee was less by less than one third than the old intermediate deduction of that employee, the amount which the owner of the undertaking has paid in respect of that employee into the High-Cost-of-Living Deposit Fund shall be dealt with as follows : (1) The difference between the new intermediate deduction and the old intermediate deduction shall be paid to the employee; (2) the balance shall be paid into the Price Reduction Fund. that during the ׳ c) If after expiration of the intermediate period it appears) intermediate period the new deduction of an employee was equal to, or more than, the old intermediate deduction of that employee, the amount which the owner of the undertaking has paid in respect of that employee into the High-Cost-of-Living Allow ance Deposit Fund shall be paid into the Price Reduction Fund. (d) In this section — 66 (1) "the new intermediate deduction" of an employee means the inter• mediate deduction of that employee as defined in section 1, but calculated according to the new index; (2) "the old intermediate deduction" of an employee means the inter• mediate deduction of that employee as defined in section 1. (e) The moneys paid under this section into the Price Seduction' Fund shall be treated in like manner as moneys paid into that Fund in the first instance. 10. (*) The owner of an undertaking shall cause the amounts of deduction of the Order to make payment into employees of the undertaking — less the amounts payable into the High-Cost-of-Liv- the Price ing Allowance Deposit Fund under section 6, so long as they are payable — to be re• Reduction Fund. flected in a reduction of the prices of the commodities manufactured or sold, or of the services rendered, by the undertaking. (b) The Minister of Supply and Rationing may make in respect of an under• taking ah order to be called an "order to make payment' into the Price Reduction Fund" if he is satisfied that the amounts of deduction of the employees of the un• dertaking — less the amounts payable into the High-Cost-of-Living Allowance De• posit Fund, so long as they are payable — are not reflected in a reduction of prices as provided in subsection (a). (c) An order to make payment into the Price Reduction Fund may be made in respect of a particular undertaking or of a particular class of undertakings. The order shall have effect from the 4th Tammuz, 5709 (1st July, 1949) unless a later date is fixed therein. 11, The owner of an undertaking in respect of which an order to make payment Payment into into the Price Reduction Fund has been made shall — in respect of the period from Price Reduc• tion Fund the 4th Tammuz, 5709 (1st July, 1949) to the 7th Tishri, 5710 (30th September, before and after the 1949), and of the period from the day of expiration of the intermediate period intermediate onwards — have the following, duties: period. (a) where the owner of the undertaking submits a return under section 3, he shall, upon submission of the return, pay to the Treasury an amount equal to the total of deductions specified in the return, or a part of such amount as may be prescribed in the order; (6) where a certificate under section 5 has been delivered to the owner of the undertaaking, and the total of deductions determined by 6uch certificate exceeds the total of deductions specified in the return, and the owner of the undertaking has not appealed against the certificate under section 16, the owner of the undertaking shall, within four days from the day of expiration of the period of appeal, pay to the Treasury an additional amount equal to the difference between the total of deductions determined by the certificate and the total of deductions specified in the return, or a part of such amount as may be prescribed in the order; (c) where a certificate under section 4 has been delivered to the owner of the undertaking, and the total of deductions determined by the certificate exceeds the total of deductions specified in the return, and the owner of the undertaking has appealed against the certificate under section 16, the owner of the undertaking shall, within four days from the day on which the de• cision on the appeal is notified to him, pay to the Treasury an additional amount equal to the difference between the total deductions determined by the certificate — with such variations as may have been made therein by the decision on "the appeal — and ,the total of deductions specified in the return, or a part of such amount, as may be prescribed in the order; (d) where the owner of the undertaking has not submitted a return under sec• tion 3, and a certificate under section 5 has been delivered to him, he shall, 57 within four day's from the day on.which the certificate is delivered to him, pay to the Treasury an amount equal to the total of deductions as determined by the certificate, or a part of such amount, as may be prescribed in the order. Payments to 12. Where an order to make payment into the Price Reduction Fund has been Price Reduc tion Fund made in respect of any undertaking, the provisions of section 11 shall, in respect- during the of the intermediate period, apply to the owner of the undertaking with, the proviso intermediate period. that the amount which he shall, at a particular time, pay to the Treasury shall be the amount fixed under the provisions of section 11, less the amount payable, by him at that time into the High-Cost-of-Living Allowance Deposit Fund under section 6. '. Purpose of 13. The, moneys paid to the Treasury under sections 11 arid 12 shall constitute Price Reduc a special fund, to be called "the Price Reduction Fund". This Fund shall be used tion Fund. by the Minister of Supply and Rationing for the grant of subsidies towards a reduction of the prices of essential commodities and services. Fine for delay 14. (a) An owner of an, undertaking who does notpay in time an amount payable in payment. by him to the Treasury under this Law shall pay to the Treasury, as a fine, in which payment has been delayed, an amount equal to 1 ׳ respect of each day on per centum of the amount the payment of which has been delayed. . (b) A competent officer may, by certificate under his hand, exempt the owner of an undertaking, wholly or in part, from a fine to which he has become liable under subsection (a). Collection. 15. Any amount which the owner of an undertaking is bound to pay to the Treasury under this Law, and any fine to which the owner of an undertaking has become liable under section 14, shall, in all matters relating to its collection, be treated like a tax, within the. meaning of the Taxes (Collection) Ordinance1), and all the provisions of the said Ordinance shall apply to it. Appeals. 16. (a) A person who considers himself aggrieved by a certificate under section 5 may appeal against it, within fifteen days from the day on which it was delivered to him, to the District Court in the area of whose jurisdiction the whole or a part of the undertaking• is situated. The competent officer who issued the certificate shall be the respondent in the appeal. (b) An appeal- under this section shall be heard by one judge, unless the President of . the District Court has directed, in respect of a particular appeal, that it shall be heard by three judges. (c) The burden of proof in an appeal against a certificate as aforesaid shall be on the appellant. " • . . • (d) Subject to the ' provisions of this Law, the Court may confirm the cer tificate, or reduce the total deductions or thé total intermediate deductions de• ׳''־'־ .termined by it, or cancel the certificate (e) The decision of the District Court in an appeal under this Bection shall . ׳ .be final and non-appealable (f) If the Court has reduced the total deductions or the total intermediate deductions determined by the certificate, or haB cancelled the certificate, as afore said, there shall be refunded to the appellant any excesB amount paid by him to the Treasury under this Law. . (g) The Minister of Justice shall make regulations prescribing the mode of filing appeals under this section and the procedure therein, including the payment of court fees and court expenses. i) Laws of Palestine vol. 11,cap. 137, p. 1399 (English Edition). 58 17. (a) Any person concerned shall,- as the Minister of Supply and Rationing Doty'to give or a. competent officer may require, give to him and to his agents such correct information. information, and produce to him and to his agents such documents, as in the opinion of the Minister of Supply and Rationing or the competent officer are likely to facilitate the exercise of the powers vested in him under this Law; provided that a person shall not be required to give information or to produce documents likely to incriminate him, and that a person shall not be required to give informa tion or to produce documents which he is prohibited from giving or producing by any other law. (b) A person who contravenes subsection (a) is liable to imprisonment for a term not exceeding three months or to a fine not exceeding seventy-five pounds or to both such penalties. e Minister of Supply and Rationing may confer upon another person Delegation of״a) T) .18 all or any of the powers vested in him under sections 10 and 17. powers. (b) Notice of a conferment of powers under this section shall be published in Reshumot, and the conferment of powers shall be effective from the day of publication of the notice. 19. (a) The Minister of Finance is charged with the implementation if this Law. Implementa tion and (b) The Minister of Finance may, in consultation "with the Minister of Supply regulations. and Rationing and the Minister of Labour and Social Insurance, make regualtions as to any matter relating to the implementation of this Law, except regulations the making of which is entrusted to the Minister of Justice by section 16(g). DAVID BEN-GURION E LIEZ ER KAPLAN Prime Minister Minister of Finance CHAIM WEIZMANN President of the State No. 14 AIR NAVIGATION (AMENDMENT) LAW, 5710—1950* 1, .The Air Navigation (Colonies, Protectorates and Mandated Territories) Order, Change of 1927»), shall henceforward be referred to, and that title, wherever appearing, shall title. henceforward be read, as "the Air Navigation Law, 1927". The Air Navigation Law, 1927, shall be amended as follows: Amendment of Air (a) The expression "Order" shall, wherever appearing, be replaced by the Navigation Xaw, 1927. expression "Law". (6) The words "British aircraft" or "British aircraft registered in the Col ony" shall, wherever appearing, be replaced by the words "Israel aircraft". (c) The words "a licensed aerodrome, a Royal Air Force aerodrome, an aero- Passed by the Knesset on the 13th Shevat. 5710 (31st January, 1950) and pub lished in Sefer Ila-Chukkim No. 33 of the 19th, Shevat, 5710 (6th February, 1950) p. 73; the Bill and an Explanatory Note were published in EaUa'ot Chok No. 26 of the 20th Kislev, 5710 (11th December, 1949) p. 31. Laws of Palestine vol. Ill, p. 2411 (English Edition). 59 drome under the control of the Secretary of State •for Air or the Governor" shall, wherever appearing, be replaced by the words "an aerodrome". (d) Paragraph (2) of article 2 shall be replaced by the following paragraph : "(2) "Israel aircraft" means aircraft registered in the State in accordance with this Law". . (e) Subparagraph (b) of article 3 shall be replaced by the following sub• paragraph : "(o)to all foreign aircraft when such aircraft are in or over the State;" (J) In article 5 — (1) condition (iv) specified in paragraph (1) shall be deleted ; (2) proviso (a) shall be replaced by the following proviso : "(a) Condition (i) shall not apply to' Israel aircraft, and shall not apply to the aircarft of a state with which a convention:, relating to air navigation entered into by or on behalf if the State is for the time being in force, so long as the conditions of the convention are complied with by such state.". (g) Articles 6, 8, 8A, 8B and 9 shall be repealed. (h) The following article shall be inserted after article 7 : "Place of g An aircraft shall not depart or land within the area of the andaiandfng state e*™!?*• on an aerodrome approved by the Minister of Com- of aircraft. munications as an aerodrome for the category of aircraft to which such aircraft belongs.". (t) The word "licensed" in proviso (hi) to article 10(2) shall be deleted, (j) Article 19 shall be replaced by the following article : "Prohibited !9, A foreign aircraft or an aircraft engaged in international carriage. navigation shall not carry explosives of war, arms of war, or munitions of war, except for use in signalling in accordance with the provisions of Schedule IV.". (fc) Article 22A shall be repealed. (I) In article 28(3) — (1) subparagraph (i) shall be replaced by the following subparagraph : "(i) for the reason only of non-compliance with condition (iv) spe• cified in paragraph (1) of article 4, or so much of condition (v) spe• cified in paragraph (1) of article 5 as requires certificates of air• worthiness to be carried in aircraft, or"; (2) the words "paragraphs (1) and (2) of Article 8" in subparagraph (ii) shall be deleted. (TO) In article 29 — (1) the words "or the licence of any aerodrome in the Colony" in para• graph (1) shall be deleted; (2) paragraph (4) shall be deleted; (3) the words "or liable to be. suspended under paragraph (4) of this article" in paragraph (5) shall be deleted. (n) In article 31(1) — (1) the definition of "Aerodrome" shall be replaced ,by the following definition: 60 ""Aerodrome" means any ground or water area held and administered by the State and intended to be used, either wholly or in part, for ,the departure or landing of aircraft;"; (2) the definitions of "Proprietor of an aerodrome" and "Licensed aero drome" shall be deleted. (o) In Schedule I — (1) paragraph 1 shall be replaced by the following paragraph: "1. The Minister of Communications may establish a !Registry of Aircraft and may appoint an officer to act as Registrar of Aircraft (hereinafter referred to as "the Registrar")."; (2) paragraph 2 shall be replaced by the following paragraph: "2. (1) An aircraft shall not be registered in the State unless — (a) its ordinary base is situate in the State; (b) it is owned wholly either — (i) by a resident ;or (ii) by a company or corporation founded and duly registered in the State, the principal place of business of which is in the State and at least two-thirds of the directors of which are residents, and which is both nominally and actually controlled by residents; (c) the Minister of Communications has permitted such registra tion in writing; provided that the Minister of Communications may direct the re gistration of an aircraft in the State even where the conditions. spe cified in this subparagraph are not fulfilled, if he is satisfied that the registration is required in the public interest. (2) The Minister of :Communications may grant, refuse to grant and withdraw a permission under subparagraph 1(c), and may also attach conditions to such a permission and add to and vary all or any •of such conditions. (3) An aircraft shall not remain registered in the name of a natural or juristic person no longer fulfilling the conditions specified in subparagraph (1) or a condition attached by the Minister of Communications to a permission under this paragraph. (4) "Resident", for t(he purposes of this paragraph, means a person who has been a permanent resident of the State since the 5th Iyar, 5708 (14th May, 1948) or who entered the State legally after the said date and.has on the date of submission of his applica tion been a permanent resident of the State for at least three months."; (3) in the fourth paragraph — (i) the words "the Secretary of State for Air" shall, wherever appear ing, be replaced by the words "the Minister of Communications"; :ii) subparagraph (2) shall be replaced by the following subparagraph)־ (2) If the Registrar has doubts as to whether an appliaction is in order and complies with all the conditions as aforesaid, he shall refer the matter to the Minister of Communications, who may at his discretion order or prohibit registration.."; (4) paragraphs 5 and 9 shall be repealed; (5) in the tenth paragraph, the words "the Air Ministry" shall be replaced by the words "the Minister of Communications"; 61 (6) paragraph 14 shall be replaced by the following paragraph: 14. The nationality and registration marks of an aircraft shall . be such as the Registrar may prescribe.". (p) In Schedule II — (1) in the first paragraph — (i) the words "which the Minister of Communications or a person appointed by him in that behalf has at his discretion" shall be inserted between the words "certificate of airworthiness" and the words "validated or issued"; (ii) the following sentence shall be added at the end; "A certificate of airworthiness shall be validated or issued in ac cordance with such conditions and directions as the Minister of Com munications may from time to time prescribe."; (2) in the second paragraph — (i) the words "in any other part of His Majesty's dominions or" shall be deleted; (ii) the words "on behalf of His Majesty" shall be replaced by the words "on behalf of the State"; . (Hi) the words "over British territory" shall be replaced by the words "over the area of the State"; (3) paragraph 3 shall be repealed. ( DAVID BEN-GURION DAVID REMEZ Prime Minister Minister of Communications CHAIM WEIZMANN ' President of the State , ' ' No. 15 DEFENCE SERVICE (AMENDMENT) LAW, 5710—1950* Amendm|ntof The Defence Service Law, 5709—1949!), shall be amended as follows: vice Law (°) section 2 shall be replaced by the following section: 5709-1949.' 2. For the purpose of this Law — (a) (he age of a person shall be calculated according to the Hebrew- calendar; (6) a person who has attained a particular age in a particular year of the Hebrew calendar shall be deemed to have attained such age — *) Passed by the Knesset on the 22nd Shevat, 5710 (9th February 1950) and pub lished in Seler-Ba-Chukkim No. 34 of the 26th Shevat, 5710 (13th February, 1950). p. 77; the Bill arid an Explanatory Note published in HaUa'ot Choh No. 32 of the 1st Shevat, 5710 (19th January, 1950), p. 79. . l) Sefer Ba-Chukkim No. 25 of the 21st Elul, 5709 (15th September 1949), p. 271: ׳ • -. ־ .LSI vol. Ill, p. 112 62 (1) if he attained it after the 1st Tishri and before the- 1st Nisan of such year — on the 1st Tishri of such year; (2) if he attained it after the 1st Nisan of such year — on the 1st Nisan of such year."; (6) in section 4(c), the words "within thirty days" shall be replaced by the words "within fourteen days"; (c) in section 6 — (1) the words "liable to regular service for a period of twelve months" in subsection (c) shall be replaced by the words "liable to regular service for a period of twenty-four months"; (2) the following subsection shall be inserted after subsection (c): "(cc) (1) Where a person has served on regular service as a volunteer, the period of such service shall be deducted from the period of regular service to which he is liable. s For the purpose of this paragraph, "volunteer" means a person not liable to regular service under this Law. (2) Where a person, in the period of his regular service, was im• prisoned for an offence under a judgment of a military court or a civil court, or absented himself from the service without permission and was punished therefor according to law, then, in calculating the time of his service, the period of his im• prisonment or absence as aforesaid shall not be regarded as a period in which he fulfilled his obligation of regular service, unless the military court has otherwise directed."; (3) subsection (f) shall be replaced by the following subsection; "(f) (1) The first twelve months of the regular service of a person of military age shall, after basic military training, be devoted mainly to agricultural training, as shall be prescribed by regula• tions; provided that in the case of a person of military age posted for service in the Air Force or the Navy the Minister of Defence may direct that bis period of service assigned for agricultural training shall be devoted, wholly or in part, to service in the Air Force or the Navy, as the case may be. (2) The period of regular service of a female person shall, sub• sequent to the period of agricultural training, be devoted to duties which shall be prescribed by regulations. (3) The branches of farming the training in which shall be con• sidered as agricultural training, and the order and regime of agricultural training, shall be prescribed by regulations. (4) Until the 1st Tishri, 5712 (1st October, 1951) the Minister of of Defence may direct, in respect of a person of military age of the age of eighteen years or over, that his period of regular service assigned for agricultural training shall, notwithstanding the pro• visions of paragraph (1), be postponed or be devoted, wholly or in part, to regular service other than agricultural training. (5) The provisions of paragraph (4) shall be of no effect in respect of members of a settlement nucleus to which regulations made under subsection (g) apply, except such members of such a nucleus as are posted, for training or service, to defence service command duties; provided that the •number of the latter, in relation to the number of the other members of the nucleus, shall not exceed a percentage to be fixed by regulations."; . • 63 (4) the following subsection shall- be added after subsection'! (j): ' "(jj) Where a person of military age, in the period of his military service, was imprisoned for an offence under a judgment of a military court or a civil court, or absented himself from the service without sufficient excuse, then, in calculating the frime of his military service for the purpose of subsections (i) and (j), the period of his imprison ment or absence as aforesaid shall not be regarded as a period of military service. Similarly, where a person of military age was granted leave without pay and was on such leave for a consecutive period ex ceeding sixty days, such period of leave shall not be regarded as a period of military service."; (d) in section 7 — (1) The words "plus one day of service each month; provided that such day shall not fall on a Sabbath or Jewish religious holiday" in paragraphs 1 and 2 of subsection (a) shall be replaced by the words "plus one day of service, or twelve hours of service at intervals, as may be prescribed by regulations, each month; provided that such day or hours shall not fall on a Sabbath or Jewish religious holiday"; . (2) the following subsection shall be added after subsection (a): "(aa) Where a person of military age, while serving on reserve ser vice, waB imprisoned for an offence under a judgment of a military court or a civil court, or absented himself from the service without sufficient excuse, then, in calculating the time of his service, the period of his imprisonment or absence as aforesaid shall not be re garded as a period in which he fulfilled his obligation of reserve service.".; ־.(the following, subsectlion shall be added after subsection (b (3) "(c) Where a person of military age liable to reserve service as aforesaid belongs to a unit of the Reserve Forces of the Defence Army of Israel, his commander may call upon him in such manner as he may think fit to report for reserve service in his unit at such place and time as the commander may prescribe, and such person of military age shall report as aforesaid; provided that the power to call upon a person of military age'to report as aforesaid shall vest only in a com mander of or above the rank of second lieutenant in the Land Forces or the corresponding rank in the Air Force or the Navy."; (e) in section 12, paragraph (b) shall be replaced by the following paragraph: "(b) that the whole or any part of the regular service of a person of military age shall be postponed for a specific period upon his application;"; (/) in section 14, the words "relating to a, person of military age" shall be replaced by the words "relating to a person whom a calling-up officer - is authorised to call upon to report for registration under section 4"; (g)'section 22.shall be replaced by the following section: Transitional 22. (a) •A person of military age who, immediately before the provisions. coming into force of this Law, served on full-time service in the Defence Army of Israel and who, before the coming into force of this Law, was medically examined upon enlistment for military service within the meaning of section 6 and was found fit for military service as aforesaid, shall be deemed — (1) to have been examined by a medical board and found fit for service in accordance with section 5, and 64 (2) to have reported for regular service in compliance with an ordefunder section 6(a), on thé date of the coming into force of this Law. (b) A person of military age who has served on, and been discharged from, full-time service in the Defence Army of Israel before the coming into force of this Law and who, at'the only . or last medical examination undergone by him — whether upon enlistment for military service within the meaning of section 6 or during his period of service — was found fit for military ser• vice as aforesaid shall be deemed to have been examined by a medical board, and found fit for service in accordance with sec• tion 5, on the date of the coming into force of this Law.". DAVID BEN-GURION Prime Minister Minister of Defence CHAIM WEIZMANN President of the State No. 16 EMERGENCY REGULATIONS (ARMY CODE, 5708) (EXTENSION OF VALIDITY) LAW, 5710-1950* 1. The validity of' the Emergency Regulations (Army Code, 5708), 5708—1948!), Extension of ־is hereby extended until the 19th Elul, 5710 (1st September, 1950). va 1 y 2. This Law shall come into force on the 11th Adar, 5710 (28th February, 1950). Commence ment. DAVID BEN-GURION Prime Minister Minister of Defence CHAIM WEIZMANN President of the State * Passed by the Knesset on the 4th Adar, 5710 (21st February, 1950) and published in Sefer Ba-Chukkim No. 35 of the 9th Adar, 5710 (26th February, 1950), p. 81. i) I.B. No. 20 of the 4th Elul, 5708. (8th September, 1948), Suppl. II p. 105; Sefer Ba- Chukkim No. 28 of the 16th Kislev, 5710 (7th December, 1949) p. 17; »upro, p. 14. 65 No. 17 EMERGENCY REGULATIONS (ABSENTEES' PROPERTY) (EXTENSION OF VALIDITY) (No. 3) LAW, 5710—1950* The validity of the Emergency Regulations (Absentees' Property), 5709- 1־ Extension of .(5710st March, 1950׳ (1948i), is hereby extended until the 13th Nisan,31׳ .validity Commence 2. This Law shall come into force on the 12th Adar, 5710 (1st March, 1950). ment. DAVID BEN-GURION ELIEZER KAPLAN Prime Minister Minister of Finance CHAIM WEIZMANN President of the Statt! No. 18 EMERGENCY REGULATIONS (HOSPITALS) (EXTENSION OF VALIDITY) (No. 2) LAW, 5710—1950** J. The validity of the Emergency Regulations (Hospitals), 5709—19492), is hereby Extension of validity. extended until the 22nd Tevet, 5711 (31st December, 1950). Commence 2. This Law shall come into force on the 12th Adar, 5710 (1st March, 1950). ment. DAVID BEN-GURION MOSHE SHAPIRA Prime, Minister Aftnister of Health CHAIM WEIZMANN President of the State * Passed by the Knesset on the 11th Adar, 5710 (28th February, 1950) and pub lished in Sefer Ha-Chukkim No. 36 of the 13th Adar. 5710 (2nd March. 1950)1 Suppl. II, p. 83. 1) I.B. No. 37 of the 10th Kislev, 5709 (12th December, 1948), Suppl. II, p. 59. ** Passed by.the Knesset on the 11th Adar, 5710 (28th February, 1950) and pub lished in Sefer Ila-Chukkim No. 36 of the 13th Adar, 5710 (2nd March, 1950), p. 84; the Bill and an Explanatory Note were published in Hatza'ot Chok No. 36 of the 11th Adar, 5710 (28th February, 1950), p. 125. 2) I.S. No. 41 of the 6th Tevet, 5709 (7th January, 1949), SuppL II, p. 107. 66 No. 19 MUNICIPAL ASSESSMENT LISTS (TEMPORARY PROVISIONS) LAW, 5710—1950* 1 _ In this Law — Interpretation. (1) "the Ordinance" means the Municipal Corporations Ordinance, 19341); (2) every other expression shall have the meaning assigned to the same ex- - pression in the Ordinance. 2. (a) An assessment list for the financial year 1919—1950, or an assessment Assessment li3ts for the list deemed to be an assessment list for that financial year under the Municipal year 1950-1951. Assessment Lists (*Temporary Provisions) Ordinance, 5709—19492), shall be deemed to be an assessment list also for the financial year 1950-51 if the Assessment Comit- tee has so decided with the approval of the Council and a notice of its decision has been published in Reshumot before the termination of the time for the preparation of the assessment lists according to section 106 of the Ordinance. (b) The provisions of the Municipal Assessment Lists (Temporary Provisions) Ordinance, 19473), shall apply mutatis mutandis to such an assessment list. 3. (a) A list prepared by the Assessment Committee during the financial year Additional 1949—50 as an additional assessment list and relating to unoccupied or occupied assessment land, or buildings, situated in an area which was incorporated in the municipal Ii3t3. area during the said financial year shall form part of the assessment list for the said financial year or of the assessment list which is deemed to be an assessment list for the said financial year under the Municipal Assessment Lists (Temporary Pro• visions) Ordinance, 5709—1949, as the case may be. (b) An application under section 110, and an appeal under section 111, of the Ordinance in respect of any land or building as specified in subsection (a) and relating to the financial year 1950—1951 shall, upon the demand of the applicant or the appellant, be considered and determined as though they related also to the financial year 1949—1950. 4_ This Law shall come into force on the day on which it is passed by the Commence• Knesset. ment; DAVID BEN-GUEION MOSHE SHAPIBA Prime Minister Minister of the Interior CHAIM WETZMANN President of he State * Passed by the Knesset on the 24th Adar, 5710 (13th March, 1950) and pub• lished in Sefer lla-Chukkim No. .37 of the 2nd Nisan, 5710 (20th March, 1950) p. 85; the Bill and an Explanatory Note were published in HaUa'ot Chok No. 32 of the 1st Shevat, 5710 (19th January, 1950), p. 84. 1) P.G. No. 414 of the 12th January, 1934, Suppl. I, p. 1 (English Edition). 2) I.B. No. 48 of the 5th Shevat. 5709 (4th February, 1949), Suppl. I, p. 170. 3) P.G. No. 1637 of the 30th December 1947, Suppl. I, p. 378 (English Edition). 67 No. 20 ABSENTEES' PROPERTY LAW, 5710-1950* 1. In this Law — (a) "property." includes immovable and movable property, moneys, a vested or contingent right in property, goodwill and any right in a body of persons or in its management; (6) "absentee" means — (1) a person who, at any time during the period between the 16th Kislev, 5708 (29th November, 1947) and the day on which a declaration is pub• lished, under section 9(d) of the. Law and Administration Ordinance, 5708—19481), that the state of emergency declared by the Provisional Council of State on the 10th lyar, 5708 (19th May, 1948)2) has ceased to exist, was a legal owner1 of any property situated in the area of Israel or enjoyed or held it, whether by himself or through another, and who, at any time during the said period — (i) was a national or citizen of the Lebanon, Egypt, Syria, Saudi- Arabia, Trans-Jordan, Iraq or the Yemen, or (ii) was in one of these countries or in any part of Palestine outside the area of Israel, or (iii) was a Palestinian citizen and left his ordinary place of residence in Palestine (a) for a place outside Palestine before the 27th Av, 5708 (1st September, 1948); or (6) for a place in Palestine held at the time by forces which sought to prevent the establishment of the State of Israel or which fought against it after its establishment; (2) a body of persons which, at any time during the period specified in paragraph (1), was a legal owner of any property situated in the area of Israel or enjoyed or held such property, whether by itself or through another, and all the members, partners, shareholders, directors or managers of which are absentees'within the meaning of paragraph (1), or the man• agement of the business of which is otherwise decisively controlled by such absentees, or all the capital of which is in the hands of such absentees; (c) "Palestinian citizen" means a person who, on the 16th Kislev, 5708 (29th November, ,1947) or thereafter, was a Palestinian citizen according to the. provisions of the Palestinian Citizenship Orders, 1925—1941, Consolidated3), and includes a Palestinian resident who, on the said day or thereafter, had. no nationality or citizenship or whose nationality or citizenship was undefined, or unclear; (d) "body of persons" means a body constituted in or outside Palestine; incorporated or unincorporated, registered or unregistered, and includes a company, partnership, cooperative society, society under the Law of Societies of the 29th Eajab, 1327 (3rd August, 1909) and any other juridical person and any institution owning property; (c) "absentees' property" means property the legal owner of which, at any time during the period between the 16th Kislev, 5708 (29th November., 1947) and the day on which a declaration Í3 published, under section 9(d) of the Law and Administration Ordinance, 5708—1948, that the state of emergency * Passed by the Knesset on the 25th Adar, 5710 (14th March, 1950), and published in Sefer Ha-Chukkim No. 37 of the 2nd Nisan, 5710 (20th March, 1950): p. 86. 1) Í.B. No. 2 of the 12th lyar, 5708 (21st May 1948), Suppl. I, p. 1; LSI vol. I, p.7. 2) I.B. No. 2 of the 12th lyar, 5708 (21st May 1948), p. 6. s) P.O. No. 1351 of the 10th Ootober, 1944, Suppl. H,.p. 755 (English Edition). declared by the Provisional Council of State on the 10th Iyar, 5708 (19th May, 1948, has ceased to exist, was an absentee, or which, at any time as afore• said, an absentee held or enjoyed, whether by himself or through another; but it does not include movable property held by an absentee and exempt from attachment or seizure under section 3 of the Civil Procedure Ordinonce, 19381); (/) "vested property" meanB property vested in the Custodian under this Law; (g) "held property" means vested property actually held by the Custodian, and includes property acquired in exchange for vested property; ' (h) "released property" means property released under section 28; (i) "area of Israel" means the area in which the law of the State of Israel applies; 0) "bill" means a bill of exchange, a cheque, a promissory note or any other negotiable instrument. 2. (a) The Minister of Finance shall appoint, by order published in Reshumot, Custodian of Absentees' a Custodianship Council for Absentees' Property, and shall designate one of its Property. members to be the chairman of the Council. The/chairman of the Council shall be called the Custodian. (b) The Custodian may bring an action and institute any other legal proceeding against any person and be a plaintiff, defendant or otherwise a party in any legal proceeding. (c) The Custodian is entitled to be represented in any legal proceeding by the Attorney-General or his representative. (d) When the Custodian ceases to hold office, his functions, powers, rights and duties shall automatically pass to the Minister of Finance; when another person. is appointed Custodian, the said functions, powers, rights and duties shall automatically pass to him, and BO on from Custodian to Custodian. 3, (a) The Custodian may, with the written approval of the Minister of Finance, Appointment appoint inspectors of absentees' property and delegate to any of them any of his of inspectors, agents and powers, except the power to appoint inspectors. A notice of the appointment and employees. scope of powers of every inspector shall be published by the Custodian in Reshumot. (b) The Custodian may appoint agents for the management of held property on hiB behalf and may fix and pay their remuneration. (c) The úustodian may appoint officials and other employees, whose status shall be the same as that of other State employees. 4. (a) Subject to the provisions of this Law — Vesting of absentees' (1) all absentees' property is hereby vested in the Custodian as from the property in day of publication of his appointment or the day on which it became ab• Custodian. sentees' property, whichever is the later date; 5 (2) every right an absentee had in any property shall pass. automatically to the Custodian at the time of the vesting of the property; and the status of the Custodian shall be the same as was that of the owner of the property. (b) The proceeds of vested property shall be dealt with like the vested prop• erty yielding the proceeds. (c) Vested property — i). P.O. No. 781 of the 7th May 1938, Suppl. I, p. 25 (English Edition). C9 (1) shall remain vested property so long as.it has •not become released prop erty under section 28 or ceased to be absentees' property under section 27; (2) may be taken over by the Custodian wherever he may find it. (d) Where the Custodian has acquired any property which was not absentees' property at the time of the acquisition, in exchange for vested property, the acquired property shall become held property and shall be dealt with as was the property in exchange for which it was acquired. Identity of 5. The fact that the identity of an absentee is unknown • shall not prevent his absentee unknown. property from being absentees' property, vested property, held property or re leased property. Handing over g. (a) A person who has in his possession any absentees' property is bound Tiroperty to .'ustodian.' to hand it over to the Custodian. (b) A person who has a debt to, or any other obligation towards an absentee shall pay such debt or discharge such obligation to the Custodian. Care of held 7. (a) The Custodian shall take care of held property, either himself or through property, expenses and others having his consent. investments. (b) The Custodian may, himself or through others having his written consent, incur any expenses and make any investments necessary for the care, maintenance, repair or development of held property or for other similar purposes. . Absentees' 8. (a) The Custodian, may carry on the management of a business on behalf businesses. of an absentee, whether or not he indicates that the business is managed by the Custodian, but he shall always have the right to sell or lease the whole or a part ־ . — of the business, and (1) if it is the business of an individual — to liquidate it; (2) if it is the business( of a partnership all the partners of which ..are absentees, or of a company all the directors or shareholders of which are absentees, or of a cooperative society all the members of which are absentees — to wind up the partnership, company or cooperative society by order published in Reshtimot. (b) Where the Custodian has published a winding-up order under subsection (a)(2), the winding up shall be conducted — (1) in the case of a partnership or company — as if the winding-up order had been made by a competent court •in accordance with part V of the Partnership Ordinance!) or in accordance with part "VI of the Companies Ordinance2), as the case may be; (2) in the case of a cooperative society — as if the winding-up order had been made by the Registrar of Cooperative Societies in accordance with section 47 of the Cooperative Societies Ordinance3), and in every case as if the Custodian had been appointed as a liquidator not replace able by another liquidator. Payments to 9. (a) If the Custodian is of the opinion that a particular person was a dependant persons supported by of an absentee, he may grant allowances to that person out of the held property absentees, of that absentee, in such amounts as in the opinion of the Custodian is necessary and to for the maintenance of that person; provided that they shall not exceed 50 pounds absentees; payments for per month in respect of any such person. purposes of a trust. 1) Laws of Palestine vol; II, cap. 103, p. 1041 (English Edition). 2) Laws of Palestine vol. I, cap. 22, p. 161 (English Edition). 3) Laws of Palestine vol.. I, cap. 24. p. 360 (English Edition). 70 V : (bj If several persons were dependants of the same absentee, and in the opinion of the Custodian there are family ties between them, the Custodian may pay the allowances to one of them for all of them. (c) The Custodian may grant an allowance as aforesaid also to the absentee himself if, in the opinion of the Custodian, it is necessary for the maintenance of the absentee.- (d) -I-neome_frojn_Kested—property-wTTicrrts—a—trust-may— be—expended—by the . If li f^׳ Custodian.—wholly or in part, for pjirpoges-for^hiehnhe"^ ^ M 10. (a' Where vested property of the category of immovable property is occupied Expulsion, by a person who, in the opinion of the Custodian, has no right to occupy it, the Custodian may confirm such fact by a certificate under his hand describing the property. The certificate shall have the effect of a judgment in favour of the Cus todian for the expulsion of the occupier of the vested property. (b) (1) Where the certificate has been filed in the Execution Office, such Office shall serve a copy thereof on every occupier of the property described therein, in like manner as a copy of a judgment is served on a judgment debtor, and shall proceed as it would in the execution of a judgment for expulsion. The expulsion shall be considered as an urgent matter within the meaning of section 38 of the Execution Law of the 11th May, 1914, except that the time within which the occupier of the property shall be required to relinquish it shall be seven days. . (2) If a person occupying property as aforesaid contends that he has a right to occupy it, and he proves to the Chief Execution Officer that there is some substance in his contention, the Chief Execution Officer may stay the execution for such time as he may think fit, with a view to enabling that person to apply to a competent court and to establish his right. (c) Where an occupier has applied to a competent court and has established his right to occupy the property, the court shall annul the certificate and the execu tion proceedings taken thereunder. H_ (a) If on any vested property, being of the category of immovable property, Demolition of buildings a building has been or is being built without the written permission of the Cus and dis todian, the Custodian may order that — continuance of building (1) all building operations on such property shall be discontinued within operations. the time prescribed in the order; (2) the building shall be demolished; (3) the expenses of implementing an order under paragraph (2) shall be paid to him by the persons responsible for the building operations or by the persons who carried them out. (b) An order under subsesction (a)(1) shall be posted up in a conspicuous position in or as near as possible to the property to which it relates, and any person contravening the order shall be guilty of an offence and shall be dealt with as provided in section 35(a). (c) An order under subsection (a)(2) shall be filed in the Execution Office, and such Office shall serve a copy thereof on everyone concerned, in like manner as a copy of a judgment is served on a judgment debtor, and shall proceed as it would in the execution of a demolition order. (d) (1) Whosoever considers himself aggrieved by an order under paragraph (1) or (2) of subsection (a) may appeal within seven days from the day on which the order came to his knowledge to the District Court in whose - area of jurisdictionUhe property is situated. 71 (2) The appeal shall be lodged and heard in the form of an application by motion. The Custodian shall be respondent in the appeal. (3) the lodging of an appeal shall not stay the implementation of the order unless a judge of the District Court so orders. (4) The District Court may confirm the, order, with or without modifica tions, or annul it. (5) The decision of the District Court in an appeal under this section shall be final. (e) Where the Custodian has made an order as specified in paragraph (2) of subsection (a), he may remove from the property, or retain control of, any materials, tools and implements found on the property, with a view to clearing the property or to securing the reimbursement of his expenses in connection with the implementation of the order. (f) "Building", in this section, has the same meaning as in section 2 of the Town Planning Ordinance, 193G1). the case of property to which the provisions of the Bent Bestrictions ״Application 12. (a) I of Kent 2 Restrictions (Dwelling-Houses) Ordinance, 1940 ), or the Rent Restrictions (Business Premises) (Dwelling- Ordinance, 19413), apply, and which has been vested in the Custodian, the person Houses) Ordinance. who occupied it immediately before the day of its vesting — whether under an 1940, and . agreement made before the owner of the property became an absentee or in virtue lient of the protection afforded by the provisions of one of those Ordinances — or his Restrictions (Business successor shall be protected by those provisions even after the vesting of the Premises) property. Ordinance, 19•'!. (b) (1) Where vested property, being a house or a part of a house, has been let by the Custodian as a separate dwelling, within the meaning of section 3 of the Rent Restrictions (Dwelling-Houses) Ordinance, 1940, the pro visions of that Ordinance shall apply to it subject to subsections (c), (d) and (e) and with the following modifications and adaptations: (i) The rent fixed in the contract of lease, as reduced under subsection (d) (if so reduced), shall be regarded as the standard rent; (ii) the words "rent at the agreed rate as modified by this Ordinance", appearing in section 8(1) of that Ordinance, shall be regarded as refer ring to the rent fixed in the contract of lease, as reduced under sub section (d) (if so reduced). (2) Where vested property, being business premises within the meaning of the Rent Restrictions (Business Premises) Ordinance, 1941, situated in an area to which that Ordinance has been made applicable, has been let by the Custodian, the provisions of •that Ordinance shall apply to it subject to subsections (c), (d) and (e), except that the rent fixed in the contract of lease, as reduced under subsection (d) (if so reduced), Bhall be regarded as the maximum rent fixed under section 6(1) of that Ordinance. (c) The Minister of Finance may, by regulations, prescribe rules to be followed in fixing the rent. (d) (1) A lessee who considers himself aggrieved by the fixing of the rent in his contract of lease may appeal against it to the Magistrates' Court in whose area of jurisdiction the properly is situated. (2) The appeal shall be lodged and heard in the form'of an application by motion. The Custodian shall be respondent in the appeal. 1) P.G. No. 589 of the 4th May 1936, Suppl. I. p. 157 (Enslish Edition); P.G. No. 770 of the 24th March, 1938, Suppl. I, p. 14 (English Edition). 2) P.G. No. 1065 of the 20th December, 1940, Suppl. I, p. 289 (English Edition). 3) P.G. No. 1086 of the 31st March, 1941, Suppl. I, p. 19 (English Edition). 72 (3) The Magistrate's Court may confirm or reduce the rent fixed in the contract of lease, having reference to the rules (if any) prescribed under sub• section (c) and having regard to all the circumstances of the case. (4) Where the Magistrate's Court has reduced the rent — (i) it shall fix the date from which the reduction shall have effect, provided that this date shall not be earlier than the day of the lodging of the appeal; (ii) it may order that any amount in excess of the rent as reduced which the lessee has paid in respect of a period subsequent to the date fixed under subparagraph (i) shall be refunded to him. (5) -¥he deoision of tlie-Magistrate'ti Court in uu appeal under this nub•— $11^ ,section-shall—be-firrarh (e) (1) Where vested property is occupied by a person in virtue of the protec• tion afforded by the provisions of the Rent Restrictions (Dwelling-Houses) Ordinance, 1940, or the Rent Restrictions (Business Premises) Ordinance, 1941, in accordance with subsection (b), and its vacation by the occupier is, in the opinion of the Custodian, required for the purposes of the de• velopment of the place or area in which it is situated, the Custodian may, after placing suitable alternative accommodation at the occupier's disposal, make an order of vacation in respect of the property. The order shall have the effect of a judgment in favour of the Custodian for the expulsion of the occupier of the vested property. (2) Where the order has been submitted to the Execution Office, such Office shall serve a copy thereof on the occupier of the property, in like manner as a copy of a judgment is served on a judgment debtor, and shall proceed as it would in the execution of a judgment for expulsion. (3) (i) An occupier of property in respect of which an order of vacation has been made under this subsection may appeal against it within fourteen days from the day on which the order came to his know• ledge to the District Court in whose area of jurisdiction the property is situated, on the ground that no suitable alternative accommodation has been placed at his disposal. (ii) The appeal shall be lodged and heard in the form of an application by motion. The Custodian shall be respondent in the appeal. (iii) The lodging of an appeal shall stay any execution proceedings under paragraph (2). (iv) The District Court may confirm the order, with or without mod• ifications, or annul it. (v) The decision of the District Court in an appeal under, this par• agraph shall be final. 13. A person who occupies vested property, being a holding within the meaning Cultivators of the Cultivators (Protection) Ordinance1), shall not be protected by the provisions (Protection) Ordinance not of that Ordinance unless immediately before the vesting of the property in the to apply. Custodian he occupied it by virtue of the protection afforded by those provisions. 14. Where the vested property is a citrus grove, a vineyard or any other planta• Cultivator tion, or any other agricultural land, and the Custodian has handed it over to a and his right to the person for the purpose of cultivation, that person shall be entitled to enjoy the' produce. produce in accordance with the terms stipulated between him and the Custodian, aud his right shall have priority over any charge vested in another person theretofore; but any such charge shall extend also to. the income due to the Custodian from that property.- i) Lotos of Palestine vol. I, cap. 40, p. 506 (English Edition). 73 Vested 15. M ^ne *80' ^at any property "has become absentees' property,or vested prop• property— . charge erty shall not exonerate it from any mortgage, pledge or other charge, or from any thereon right of tenure or use, legally created theretofore. and attach• ment thereof. (b) No execution proceedings shall be taken, no act under section 14 of the Land Transfer Ordinance*) shall be done, and no recourse shall be had to sections 8, 9 or. 10 of the Law Concerning the Partition of Immovable Property of the 14th Muharram, 1832, in respect of vested property, except by permission in writing from the Custodian or, if such permission, having been applied for after the 13th Nisan, 5710 (31st March, 1950), has not been given within one year from the day on which it was applied for, upon the expirationvpf that year. (c) An attachment imposed on absentees' property, whether before or after it became vested property, shall not prevent the Custodian from relinquishing control of the property in accordance with this Law; and where he has done so, the at• tachment shall apply, instead of to the property, to the consideration which he has received for it. Extent 06 responsibility 16. Where the Custodian or a person who acted, directly or indirectly, under of Custodian his instructions has taken over, or has done any act in respect of, any property and persons acting under in the honest and reasonable, but mistaken, belief that the property is absentees' his instruc• property, the Custodian or that person shall bear no civil responsibility therefor tions. beyond that which he would bear if the property Bad at the time been absentees' property.' Validity of 17. Any transaction made in good faith between the Custodian and another person transactions. in respect of property which the Custodian considered at the time of the transaction to be vested property shall not be invalidated and shall remain in force even if it is proved that the property'was not at the time vested property. Extent of property 18. (a) Where a competent court has decided that some property which the erroneously Custodian considered to be vested property is not vested property, the Custodian considered vested prop• shall, subject to the provisions of section 17, hand over the property or the consider• erty. ation which he has received for it, as the case may be, to such person as the court has in its decision directed or, if no such direction has been given by the court, to the person from whom he received the property; and if that person is not known to him, he shall apply to a competent court fosr directions. (b) Where the Custodian has found that some property which he considered to be •vested property is not vested property, he may, subject to the provisions of Bection 17, hand over the property or the consideration which .he has received for it, as the case may be, to the person who in the opinion of the Custodian is en• titled to possession of the property or of the consideration. Limitation 19. (a) Where the vested property is of the category of immovable property, the of powers of Custodian shall not'— Custodian. (1) sell or otherwise transfer the right of ownership thereof; provided that if a Development Authority is established under a Law of the Knesset, it shall be lawful for the Custodian to sell the property to that Development Authority at a price not less than the official value of the property; (2) grant a lease of the property for a term exceeding six years, except — (i) to the said Development Authority; and on leasing property to it, tht Custodian shall stipulate with the Development Authority in the contract of lease that the annual rent payable by it shall not be less 1) Laws of Palestine vol. II, cap. 81, p. 881 (English Edition); P.6VN0. 782 of the 12th. May, 1938, Suppl. I, p. 28 (English Edition); P.G. No. 938 of the 22nd . September, 1939, Suppl. I, p. 107 (English Edition), 74 than an amount equal to 4.8 per cent of the official value of the property; or (ii) to another lessee who undertakes in the contract of lease to cultivate or develop the property to the satisfaction of the Custodian. (b) A voluntary partition of immovable property held in musha' shall not for the purpose of subsection (a) be regarded as a transfer of the right of ownership of such immovable property. (c) Where the Custodian has granted a lease of any property :for a term exceeding three years, the provisions of the Land Transfer Ordinance, shall not apply to the lease; but the Custodian may apply for registration of the lease in accordance with that Ordinance. (d) "Official value", in this section, means — (1) in relation to property which, in the financial year 1947—1948, was chargeable with urban property tax under the Urban Property Tax Ordinance, 19401),— an amount 16J times the amount of the net annual value determined for it, for the purposes of that Ordinance, in the last assessment before the 6th Iyar, 5708 (15th May, 1948); (2) in relation to property which, in the financial year 1947—1948, was chargeable with rural property tax under the Rural Property Tax Ordinance, — (־1942 (i) if it is an industrial building, within the meaning of that Ordinance — an amount 16§ times the amount of the net annual value determined for it, for the purposes of that Ordinance, in the last assessment before the 6th Iyar, 5708 (15th May, 1948); (ii) if it belongs to category 1, 2, 3, 4 or 17 referred to in the Schedule to that Ordinance — an amount 300 times the amount of tax which was or would have been charged on it in respect of that financial year if it belonged or had belonged to category 1 referred to in the said Schedule; (iii) if it belongs to one of the other categories referred to in the Schedule to that Ordinance — an amount 75 times the amount of tax which was charged on it in respect of that financial year; (3) in relation to other property — an amount 16$ times the amount of the net annual value which would have been determined for it in the financial year 1947—1948 for the purposes of the Urban Property Tax Ordinance, 1940, had it bees chargeable, in that financial year, with urban property tax under that Ordinance; provided that the Minister of Finance may reduce any of the rates mentioned in this subsection in the case of property the possibilities of using which are, in his opinion, limited owing to damage or neglect or for another similar reason. (e) Where the vested property is a voidable charge, the Custodian may void it only for a consideration or in accordance with the conditions of the charge; where it is a waivable right, the Custodian may waive it only for a consideration. (f) Nothing in this Law shall derogate from the powers of the Minister of Agriculture under the Emergency Regulations (Cultivation of Waste Lands) 5708— 19483). 20. (a) The Custodian shall not pay a debt due from, or in connection with any Debts of absentees property of an absentee, or discharge any other obligation incurred by an absentee, and actions except — in connection therewith. 1) P.G. No. 1065 of the 20th December, 1940, Suppl. I, p. 275 (English Edition). 2) P.G. No. 1182 of the 10th March, 1942, Suppl. I, p. 11 (English Edition! 3) 7.B. No. 41 of the 6th Tevet, 5709 (7th January, 1949) Suppl. I, p. 94. 75 respect of-taxes, rates or other similar obligatory־־if it is a debt in" (1) charges, or (2) if the debt or obligation has been proved to the complete satisfaction of the Custodian, or (3) under a judgment of a competent court, \ and to the extent that the held property of that absentee is sufficient for the purpose. . • (b) The court which deals with a claim for a debt due from, or in connection with any property of, an absentee or a claim for the discharge of any. other obliga tion incurred by an absentee may, notwithstanding anything contained• in any other law — (1) postpone from time to time the hearing of the claim, in order to enable the submission of evidence as complete as possible; (2) strike out or dismiss the claim if it has not been proved beyond all reasonable doubt. (c) The Minister of Finance may, by regulations, determine categories of vested immovable property in respect of which the Custodian shall have the right to postpone the payment of all or any taxes, rates or other similar obligatory charges due on such immovable property, for such period and on such conditions as the Custodian, with the approval of the Minister of Finance, may determine in each case. Duty to make 21. (a) A person or body of persons holding, managing or enjoying vested prop notification of absentees' erty shall deliver to the Custodian a written notification, containing the particulars property. of the vested property, within thirty days from the day of publication of the Cus todian's appointment or, if the property came to be held, managed or enjoyed by him or it — otherwise than with the consent of the Custodian — after the day of publication, within thirty days from the day on which it came to be so held, managed or enjoyed, or, if the property became vested property after the day of publication, within thirty days from the day of the vesting. (b) A company which is registered in the area of Israel or which has therein an office for the transfer of shares, or an office for the registration of Bhares, shall de liver to the Custodian, within thirty days from the day of publication of his ap pointment, a written notification containing full particulars of all securities (includ ing shares, stocks, debentures, debenture stock and bonds) which have been issued by the company and are registered in the name or in favour of or held on behalf of or by an absentee; and where the securities relate in any such manner as aforesaid to a person who became, an absentee after the day of publication of the Custodian's appointment, the. company shall deliver the Baid notification to the Custodian within thirty days from the day on which that person became an absentee. (c) Where a partnership has among its partners an absentee or absentees, the partnership and each of the partners shall deliver to the Custodian, within thirty days from the day of publication of his appointment, a written notification containing full particulars of the share in the partnership, and of the other rights in respect of the partnership and of the partners, of each absentee partner; and where a partner became an absentee after the day of publication of the Custodian's appointment, the partnership and each of the partners shall deliver the said no tification within thirty days from the day on which the partner became an absentee. (d) Anyone bound under this section to deliver to the Custodian a written no tification shall also deliver to him from time to time returns, accounts or other documents, or other information, as the Custodian may from time to time require, in connection with the property in respect of which he is bound to deliver a no- • tification. 76 (e) Where the Custodian has required a person to deliver to him, within the time prescribed in the notice, any returns, accounts or other documents, or any other information, as specified in subsection (d), that person shall comply with everything contained in the notice. (f) Whosoever was bound under this section to deliver a notification before the 13th Ni*an, 5710 (31st March, 1950) and has not fulfilled this obligation may do so until the 13th Iyar, 5710 (30th April, 1950); and if he does so, he shall not be prosecuted for not fulfilling his obligation in time. 22. •W ^ person shall not without the written consent of the Custodian — Prohibited (1) hold, manage, or otherwise deal with, or relinquish or transfer, vested property, or hand over vested property to any person other than the Custodian; (2) pay to any person other than the Custodian a debt, or discharge to any person other than the Custodian any other obligation, the right of claim in respect of which has been vested in the Custodian; (3) act under a power of attorney or other authorisation of an absentee principal, whether the principal became an absentee before the giving of the power of attorney or other authorisation or whether he became an absentee thereafter; however, an advocate duly authorised in that behalf by an absentee who is at the time in the area of Israel may represent that absentee with regard to any legal act; if the absentee is not at the time in the area of Israel, his representation by an advocate with regard to any legal act requires the written consent of the Attorney-General. (b) Consent under this section may be given before or after the fact. (c) An act which has been done in contravention of this section is null and Void; and if it was a transfer of) a bill, then any subsequent transfer is likewise void, notwithstanding anything contained in any other law. (d) No act in respect of vested property may be registered in the Land Reg• ister otherwise than with the written permission' of the Custodian, given before the registration, or under a judgment of a competent court. If a registration has been effected in contravention of this provision the Court shall, on the application of the Custodian, order that such registration and any subsequent registration shall be deleted. (e) Anyone who contends that an act was done in respect of any property before it became vested property or in respect of any person before he became an absentee, or that an act was done with the consent or written permission of the Custodian, shall bear the onus of proving the same. 23. (a) C•) •^ transfer or handing-over of property to an absentee or to another Transfers to be void. for the benefit of an absentee during the period betwen the 21st Adar Bet, 5708 (1st April, 19-18) and the day of publication of the appointment of the Custodian, effected with intent to smuggle the whole or a part of the property or the whole or a part of the consideration received for it to a part of Palestine which at the time of the transfer or handing-over was outside the area of Israel, or to the Lebanon, Egypt, Syria, Saudi- Arabia, Trans-Jordan, Iraq or the Yemen, is null and void. (2) A transfer or handing-over of property from the hands of an absentee to another person during the period referred to in paragraph (1), effected for a fictitious or insufficient consideration or without consideration, or under unfair pressure, is null and void. (b) Property which has been transferred or handed over as stated in subsection (a) shall be regarded' as vested property, and any person who has transferred or 77 handed over or received the property shall be responsible to the Custodian for the property or for its value. (c) The Custodian may require in writing any person whom he regards as responsible under subsection (b) to hand over to him the property or its value, and that person shall comply with the requirement, but he may appeal against it to the District Court of Jerusalem within thirty days from the day of receipt of the requirement. (d) The appeal shall be lodged and heard in the form of an. application by motion. The Custodian shall be respondent in the appeal. (e) Where the District Court has found that the requirement of the Custodian is not justified in law or in fact, it shall annul the requirement and declare its effects to be void. (f) Any party who considers himself aggrieved by a decision of the District Court under this section may appeal against it to the Supreme Court sitting as a Court of Civil Appeal, and the provisions of the Civil Procedure Eule3, 1928'), Bhall apply as if the decision of the District Court were a judgment of that court in a civil action in which the party who appeals against the requirement had been the plaintiff and the Custodian the defendant. (g) Anyone who contends that a transfer or handing-over of property to an absentee or to another for the benefit of an absentee, during the period referred to in subsection (a)(1), was effected otherwise than with intent to smuggle the whole or a part of the property, or the whole or a part of the consideration re ceived therefor, as specified in that Bubsection, or that a transfer or handing-over of property from the hands of an absentee to another person during the said period was effected for full consideration or otherwise than under unfair pressure, shall bear the onus of proving the same. Provisions 24. (a) Where a notification concerning an absentee partner has been delivered to as to partner ship in which the Custodian under section 21(c) and the Custodian intends to participate in the there ¡9 an management of the business of the partnership, he shall give notice to that effect absentee partner. to the other partners within sis months from the day on which the notification was delivered to him. (b) After the Custodian has given notice as provided in subsection (a) — but not before then — he may participate in the management of the business of the partnership in the place of the absentee partner. ielivery to the Custodian of the notification under section׳ c) From the day of) 21(c) until the receipt of the notice of the Custodian under subsection (a), the partners who are not absentees may manage the business of the partnership in the usual way. (d) Where a notification under section 21(c) concerning an absentee partner has not been delivered, the Custodian may at any time, after giving notice to the other partners, participate in the management of the business of the partnership. (e) As soon as the Custodian has become authorised to participate in the man agement of the business of the partnership, he may — regardless of the terms of the partnership contract — leave the partnership and receive the share of the absentee partner from the partners who are not absentees or, failing their consent, 'dissolve the partnership by giving notice to those partners; the notice shall be treated like notice given under section 38(l)(c) of the Partnership Ordinance'-). (f) The Custodian shall on no account be liable for debts and obligations of the partnership save to the extent of the value of the held properly of the absentee partner. 1) P.O. No. 755 of the 31st March, 1938, Suppl. II, p. Ill (English Edition). 2) Laws of Palestine vol. II, cap. 103, p. 1037 (English Edition). 78 25. Where a part of any property of the category of immovable property has been Management of joint vested in the Custodian, the Custodian is entitled to participate in the manage property. ment of the whole of the property, together with the owners who are not absentees, with the same rights as the absentee had. 26. Where the property of the absentee is a bill — Absentees' property it shall be vested in the Custodian even if it has not been delivered to which is a (׳ (1 him and •has also not come iuto his hands in any other manner; bill. (2) the Custodian is exempt from presenting the bill for acceptance or payment, from giving notice of dishonour and from protesting against non-acceptance or non-payment; (3) non-presentation or non-notice or non-protest in pursuance of paragraph (2) shall not in itself release any party to the bill from the obligations there under. 27. (a) If 'he Custodian is of opinion that a particular person whom it is possible Confirmation to define as an absentee under section 1(b)(1) (iii) left his place of residence — to non-absen tee. (1) for fear that the enemies of Israel might cause him harm, or (2) otherwise than by reason or for fear of military operations, the Custodian shall give that person, on his application, a written confirmation that he is not an absentee. (b) The Custodian may, in his sole discretion, but subject to the provisions of section 29, give a written confirmation that a particular person who is at the time lawfully in the area of Israel is not an absentee, even though it be possible to define him as an absentee, if the Custodian is of opinion that such person is capable of managing his property efficiently and that he will not in so doing be aiding the enemies of Israel. •. (c) A confirmation under this section shall have effect from the day on which it is given, unless it is stated therein that it shall •have effect from an earlier or a later date. (d) From the day on which a confirmation under this section .takes effect, the property of the person concerned ceases to be absentees' property, and if his property includes held property, the Custodian shall hand over the same to the person who in the opinion of the Custodian is entitled to possession thereof. 28. (a) The Custodian may, in his sole discretion, but subject to the provisions Release of of section 29, release vested property by certificate under hU hand; and as soon as vested property. .he has done so, that property shall cease to be absentees' property and any right a person had in it immediately before it was vested in the Custodian shall revert to that person or to his successor. ç (b) The Custodian may stipulate with a person who requests him to exercise his power under subsection (a) that at the time of the giving of a certificate as aforesaid some other property shall become held property. Where that person has agreed to the stipulation and the certificate has been given as aforesaid, the other property becomes held property. (c) Where the Custodian has sold vested property, the property which has been sold becomes released property and passes into the ownership of the purchaser, and the consideration which the Custodian has received becomes held property; where the vesAed property is a voidable charge and the Custodian voids it for a consideration, or wh«r• it •is a waivable .right and the Custodian waives it for a consideration, the consideration becomes held property at the time of the voiding or waiving, as the case maty b«. 79 Reoommenda• 29. 1^he Custodian shall not exercise his powers under section 27 (b) or section committee. ^8 unless such has been recommended, in respect of each case or a particular class of cases, by a special committee to be appointed by the Government.: Notice .G / of the appointment of such a committee Bhall be published in Reshumot^׳ Jrk~ A person or body of evidence i lMinft. //\\ 30. W Where the Custodian has certified in \vriting that a persoi persona is an absentee, that person or body of persons shall, so long as the contrary, has not been proved, be regarded as an absentee. 11 H,° iy I •_~.(b) .Where the Custodian has certified in writing that some property is ab־i sentees' property, that property shall, so long as tho contrary has not been proved, be regarded as absentees' property. (c) A certificate of the Minister of Defence that a place in Palestine was at a particular time held by forces which sought to prevent the establishment of the State of Israel or which fought against it after its establishment shall be conclusive evidence of its contents. : ' • (d) A copy certified by., the Custodian of an entry in his books or official files or of another document in his possession shall, in any action or other legal proceeding, be accepted as •prima facie evidence of the correctness of its contents. (e) A written, confirmation by the Custodian as to matters within the scope of his functions shall, unless the Court has otherwise directed, be accepted in any action or other legal proceeding as prima facie evidence of the facts stated in the * ״ • .confirmation • (f) The Custodian and his inspectors, agents and officials are not bound to produce in any action or other legal proceeding any. book, file or other document the contents of which can be proved in accordance with this section, and are not bound to testify on matters "which ,can be proved through a confirmation of the Custodian as specified' in this section, unless the Court has otherwise directed. (h) A certificate, a confirmation, a permit or any other document which pur ports to have been signed, issued, given or delivered by the Minister of Defence, the Minister of Finance or the Custodian shall, BO long as the contrary has not been proved, be considered to have been so signed, issued, given or delivered. (i) The plea that a particular person is not an absentee, within the meaning of section l(b)(l)(iii), by reason only tha^t he had no control over the causes for which he left his. place of residence as specified in that section shall not be. heard. Plea that' 31. A court Bhall not, in any civil proceeding, entertain the plea that some property is. property, being the, subject of litigation, is absentees' property, unless the Custodian absentees' property is a party to-the proceeding. If this plea is made where the Custodian is not a reserved to party, and the court finds that there is some substance in it, the court shall invite Custodian. the Custodian to join the case as a party. If the Custodian does so, the court shall consider the plea; if he does not, the court shall regard the plea as invalid. Custodian's 32. (a) •^t the trime of the transfer of any property in accordance with this Law, remuneration at the time when any'property ceases, under section 27, to be absentees' property, and expenses. , and at the time of the release of any property under section 28, there is due to the State from, the absentee a remuneration equal to 4 per cent of the value of- the property; but the Minister of Finance may, in respect of a particular case or class of cases, reduce or waive the remuneration. (b) For the purpose of determining the remuneration, there shall be regarded as the value of property of the category of immovable property the official value of that property within the meaning of section 19, and as the ,value of other property, the price which in the opinion •of the Custodian it would have been possible to obtain for it if, at the time of determining the remuneration, it had been sold on the 80 free market by a willing seller to a willing purchaser; and if the property (whether it be property of the category of immovable property or other property) has been sold by the Custodian, the price at which it was actually sold shall be regarded 7 as its value. (c) Besides' the remuneration, there are due to the State from the absentee or the owner of the property, as the case may be, all expenses (including travelling expenses, costs of legal proceedings and the remuneration of advocates, agents or other persons employed by the Custodian in connection with the property) which have been incurred by the Custodian or with his consent, 33. The Minister of Finance may, by order published in Reshumot, prescribe fees Fees. payable in respect of certificates, confirmations, permits or other documents, or other acts of the Custodian, under this Law. 34. (a) If 'he Minister of Finance is of opinion that a person who dealt with Dealing with absentees' absentees' property, or with property which he had reason to believe to be absentees' property property, during the period between the 16th Kislev,. 5708 (29th November, 1947) before appointment and the day of publication of the Custodian's appointment did so to the best of of Custodian. his ability, in good faith and with the intention of handing over the property dealt with by him, and that such person handed over to the Custodian, at or about the time of the publication of his appointment, the property which was in his pos session, the Minister of Finance may give a confirmation to such effect by notice published in Reshumot. (b) The dealings of a person in relation to whom the Minister of Finance has published a notice under subsection (a) shall be regarded as lawful and justified in all respects; no act which formed part of those dealings and which was done by ,that person, or by another person upon his instructions, Bhall be a basis for a charge or a ground for a claim against that person or the other person, unless it is proved, beyond all reasonable doubt, that the accused or defendant did the act with malicious intent or through gross negligence. . . 35. (a) A person who — , Offences. ׳ • . contravenes any of the provisions of section 22(a) ; or (1) (2) contravenes anything contained in order under section 11 ; or (3) conceals absentees' property from the Custodian or does npt hand over to him property which he is bound to hand over to him; or (4) wilfully delivers to the Custodian or to one of his inspectors, agents or officials a declaration or some information which is false in a material . ־ particular • is liable to imprisonment for • a term not exceeding two years or. to a fine not exceeding five hundred pounds or to both such penalties. ' ׳ ,•׳ ' • — b) A person who) 81 (1) does not deliver to the Custodian of to one of his inspectors, agents or officials a return, an account, a notice or another document, or some in formation; which he is bound to deliver under this Law; or (2) through negligence delivers to the Custodian or to one of his inspectors;" agents or officials a declaration or some information which is false in a material particular; or (3) wilfully obstructs the Custodian or one of his inspectors, agents or officials in the exercise of any of his functions under this Law is liable to imprisonment for a term not exceeding six months or to a fine not exceeding one hundred pounds or to both such penalties. (c) Where a body of persons is guilty of an offence under .this section, every person who at the time of the commission of the offence was the head, or a secretary, trustee, director or manager, or the chief or.sole accountant, of that body shall be likewise guilty thereof unless he proves that it was committed without his know ledge or that he took all appropriate steps to prevent its commission. (d) An action for an offence under this section shall be brought only by,,or with the written consent of the Attorney-General. - Notices etc. 36,. (a) Any notice, requirement or direction which the Custodian is bound or authorised to give or make under this Law — except notices, requirements or directions requiring publication in Reshumot — may be sent by registered post to the person to whom it is addressed; and if it has been BO sent, it shall be con sidered to have been delivered to that person at the expiration of ten days from the day on which it was delivered to the Post Oifice for despatch, unless it is proved that it came to his hands before then. (b) Any notice, •requirement or direction permitted to be delivered in the manner determined in subsection (a) may be delivered by the Custodian by ,publica tion in Reshumot, and he is not bound to indicate in the notice, requirement or direction the name of the person to whom it is addressed. (c) Any notice, requirement or direction under this Law published in Reshumot shall be considered to have been • delivered to everyone concerned on the day of publication. Replacement 37. The provisions of this Law shall replace the provisions of the Emergency of Regula tions. Regulations (Absentees' Property), 5709—1948!), from the 13th Nisan, 5710 (31st ,but this Law shall be read as one with those Regulations ־; March, 1950) onwards and for this purpose those Regulations shall be deemed to be a Law amended by this Law. Validation 38. An act which was done before the 13th Nisan, 5710 (31st March, 1950) and of acts. which would have been validly done if, at the time it was done, the text of this Law as in existence on the 13th Nisan, 5710 (31st March, 1950) had been in force shall be deemed to have been validly done. Interpre 39. Th* Minister of Finance is charged with the implementation of this Law tation. and may make regulations as to any matter relating to such implementation. DAVID BEN-GURION ELIEZER KAPLAN Prime' Minister Minister of Finance CHAIM WEIZMANN President of the State. l) I.B. No. 37 of the 10th Kislev, 5709 (12th December, 1948), Suppl. II, p 59. No.. 2±. "CORPORATIONS (RENEWAL Of DOCUMENTS) LAW, 5710—1950* J In this Law — " Implementa- .tion : .'־•־• "registrar" means — (a) in the case of a company — the Registrar of Companies within the meaning of section 2 of the Companies Ordinance1); (b) in the case of a partnership — a registrar within the meaning of sec tion 2 of the Partnership Ordinance2); (c) in the case of a cooperative society — a registrar within the meaning of section 2 of the Cooperative Societies Ordinance3); "corporation" means — (0) a company within the meaning of section 2 of the Companies Ordinance; (b) a partnership within the meaning of section 2 of the Partnership Ordinance;. (c) a cooperative society within the meaning of "registered society" in section 2 of the Cooperative Societies Ordinance, as the case may be; "document" means any writing relating to a corporation which has been submitted to the registrar by the corporation or by the person responsible -for that corporation or in connection with the registration of that corporation or in connection with the registration of a mortgage or charge on the property of that corporation, and any writing which has been sent by the Registrar to that corporation or to the person responsible for that corporation or a copy of such a writing. "lost document" means a document which has been lost, or so spoilt as to be not completely legible, in the office of the registrar, and the existence of which before its being so lost or spoilt is proved to the satisfaction of the registrar; "person responsible for the corporation" means — (a) in the case of a company — any one of its directors, its liquidator or its receiver; (b) in the case of a partnership — any one of its partners, its manager appointed by the Court, or its receiver; (c) in the case of a cooperative society — any person charged with its management, its liquidator or its receiver. 2. (a) Where a document has been lost before the coming into force of this Powers of the Law, the registrar may require the corporation to which such document relates,, or registrar, the person responsible for such corporation'— (1) to furnish him, within thirty days from the day of service of a require ment as aforesaid, with a copy of that document, certified in accordance with section 4; (2) to produce to him, at such time as he may prescribe, any paper or document of the corporation relating to such matter, or to. enable a person authorised by him in that behalf to inspect any such paper or document, * . Passed by the Knesset on the 26th Adar, 5710 (15th March, 1950) and published . in Sefer Ha-Chukkim No. 37 of the 2nd Nisan, 5710 (20th March, 1950), p. 102. 1) Lows of Palestine vol. I, cap. 22, p. 161 (English Edition). •''־ .(Laws of Palestine vol. II, oap. 103,. p. 360 (English Edition (2 (p. 1041 (English Edition׳,s) Laws of Palestine \oh I, cap. 24 S3 and the corporation, or the person, responsible for the corporation,'as the case may \ ־ ־ • .be, shall comply with the requirement (b) Whosoever contravenes this section is liable to a fine not exceeding twenty- five pounds in respect of every day of non-compliance with the requirement, or to imprisonment for a term not exceeding one month, or to both such penalties. Bules of 3. A written confirmation of the registrar, attesting that a particular document evidence. is lost, shall be conclusive evidence of such fact. Certification 4. A copy of a document shall be certified :— of dooument. (o) by the person responsible for the corporation, and (1) by.a qualified accountant who handled the lost document in the exer cise of his functions, or (2) by an advocate who handled a matter relating to the lost document, (b) in any other manner satisfying the registrar. Lost 5, (a) A certified copy of a document, furnished as aforesaid and examined and document. accepted by the registrar, shall be treated by the registrar as he would have treated the lost document; provided that any copy thereof shall be marked by the registrar as a copy of a certified copy accepted as aforesaid. (b) The certified copy accepted by the registrar shall, in relation to any legal act, be prima facie evidence of the contents of the lost document. Implementa g. The Minister of Justice is charged with the implementation of this Law and tion and regulations. may make regulations as to any matter relating to such implementation. DAVID BEN-GURION PINCHAS ROSEN Prime Minister Minister of Justice CHAIM WEIZMANN President of the State No. 22 INDEPENDENCE DAY (AMENDMENT) LAW, 5710—1950* 1 Amendment Section 1 of the Independence Day Law, 5709—1949 ) shall be amended as of follows: Independence Day Law, (1) Subsection (b) shall be re-marked as subsection (c); 5709—1949. (2) the following subsection shall be added after subsection (a); "(b) If the 5th day of Iyar falls on a Sabbath, Independence Day shall be celebrated on the 6th day of Iyar of that year.". DAVID BEN-GURION Prime Minister CHAIM WEIZMANN President of the State Passed by the Knesset on the 3rd Nisan, 5710 (21st :•larch, 1950) and published in Safer Ha-Chukkim No. 28 of the 10th Nisan, 5710 (28th March, 1950), p. 105; the Bill and an Explanatory Note were published in Hatea'ot Chok No. 38 of the 24th A'dor, 5710 (13th March, 1950), p. 137. _ Sefer Ea-Chukkim No. 5 of the 14th Nisan, 5709 (13th April, 1949), p. 10. 84 No. 23 , PETROL AND KEROSENE EMERGENCY TAX (ABOLITION) LAW, 6710—1950* Any emergency tax on petrol or kerosene paid to the Treasury under regula Refund of ,1־ tion 1 of the Emergency Regulations (Emergency Taxes on Petrol and Kerosene), tax. 6708—19481), in the period between the 12th Tevet, 5710 (1st January, 1950) and the day of the coming into force of this.Law shall be refunded, to such extent as the Minister of Finance shall prescribe by regulations, to the person who paid it as aforesaid.. . t .The Emergency Regulations (Emergency Taxes on Petrol and Kerosene), Repeal ,2׳ 5708—1948, are hereby repealed. of Finance is charged with the implementation of this Law. Implementa־'The Minister .3 tion. DAVID BEN-GURION ELIEZER KAPLAN Prime Minister Minister of Finance CHAIM WEIZMANN President of'the State No. 24 BUDGET (1949/50) (No. 2) LAW, 5710—1950** J, In addition to the amounts which it is authorised to expend under the Budget Additional (1949/50) Law, 6709^-19492) (hereinafter: "the Budget Law"), the Government is. Budget for 1949/50. authorised to expend in the financial year 1949/50, as defined in the Budget Law, an amount( of 2,227,000 pounds (hereinafter: "the Additional Budget"). 2. The breakdown of the Additional Budget into heads, subheads and items of Breakdown of Additional expenditure shall be as Bet out in the First Schedule to this Law. Budget. 3. The estimated additional revenue of the State in the financial year 1949/50 Estimated • additional to cover the Additional Budget iB BB set out in the Second Schedule to this Law. revenue. 4< Upon the proposal of the Minister designated by the Government as Variations in Additional in charge of a particular head of expenditure, the Minister of Finance may — Budget. (1) with the approval of the Finance Committee of the Knesset transfer any amount from'one subhead to another subhead of that head of expenditure; (2) transfer ,any amount from one item to another item of the same subhead of that head of expenditure. 5. (a) Where at the expiration of the financial year 1949/50 a surplus remains "Use of surpluses of under any head of expenditure, the Minister of Finance may permit such surplus "Additional to be used within one month from the expiration of the said financial year for Budget. the purpose to which it was appropriated or, having regard to the provisions of section 4, for another purpose within the scope of that head of expenditure. * Passed by the Knesset on the 3rd Nisan, 5710 (21st March, 1950) and published in Sefer Ea-Chukkim. No. 38 of the 10th :Nisan, 5710 (28th March, 1950), p. 106. 1) I.B. No. 34 of the 24th Tishri, 5708 (26th November, 1948), SuppL I, p. 6. ** Passed by the Knesset on the 10th Nisan, 5710 (28th March, 1950) and published • in Sefer Ea-Chukkim No. 39 of the 17th Nisan, 5710 (4th April. 1950), p. 107. 2) Sefer Ba-Chukkim No. 23 of the 15th Elul, 5709 (9th. September, 1949); LSI vol. . . . ־. .III, p. 105 ' ־85 b). Where at the expiration of one month from the expiration •of the financial) ׳ ' year 1949/50 a surplus remains under any head of expenditure, the .Minister of Finance may, with the approval of the Finance Committee of the Knesset, permit ...such surplus to be used within three months from the expiration of the said finan- . cial year for a purpose within the scope of that head of expenditure. Use of g Notwithstanding anything contained in the Budget Law, the Minister of ' surpluses of Development Finance may permit a surplus remaining at the expiration of he financial year Budget. 1949/50 under any .head of expenditure of the Development Budget fixed by section 7 of. the Budget Law to be used, within six months from the expiration of the said financial year, for. the purpose to which it was appropriated; and if a surplus as aforesaid remains at the expiration of six months from the expiration of the said financial year, the Minister of Finance may, with the approval of the Finance Committee of the Knesset, permit such surplus, to be used within nine months from the expiration of the said financial year for a purpose within the scope of that head of expenditure. . Publication. 7. Notwithstanding anything contained in section 9 of the Budget Law, the Minister.of Finance shall publish in Reshumot the revenue collected and expenditure incurred in the financial year 1949/50 within five months from the expiration of that financial year, except the• revenue and expenditure under the 1949/50 Develop ment Budget, which shall be published within ten months from the expiration of that financial year. This publication shall be made in a form permitting a com parison, of the expenditure incurred with the heads of expenditure in the First Schedule to the Budget Law and in the First Schedule to this Law, and of the revenue collected with the heads of estimated revenue in the Second Schedule to the Budget Law and in the Second Schedule to this Law.. .charged with the implementation of this Law ׳Implementa 8. The Minister of Finance is tion. Commence 9. This Law shall, have effect retroactively as from the 12th Tevet, 5710 (1st '.-•׳• :(ment. . January, 1950 - ; FIRST SCHEDULE • • (section 2)' EXPENDITURE LL '5-. Ministry of Finance 138,000 9. Ministry of Foreign-Affairs, • 13,000 10. Ministry of Education and Culture 400,000 12; Ministry for War Sufferers 30,000 16. Ministry of justice, J\ 15,000 17. Ministry of Social Welfare . .50,000 18. Ministry of Labour and Social Insurance "' 11,824 ' ־' Ministry of the Interior •• '••'•.;-.••-24,000 .20 ־, ' ' Ministry of the Interior —: Local Authorities * 230,000 .21 ־ .. State Comptroller's Office... 29,025 .25 Grants for the Reduction of the Prices of Essential Foodstuffs 500,000 .31׳ 82. Transfer of Government Ministries and the Knesset to Jerusalem - 400,000 1,840,349 22. Expenditure of Enterprises of the Ministry of Communications Railways ...... 298,651 88,000 \ ...... '׳. "...... ־ ..•• :.Other ..Enterprises ־.'•' ; - •' .׳' ..־;•'• ' 386,651 Total 2,227,000 •• •־1'•.. -1 -;׳:׳' ;.. • •' ' • ,־'''' ,;' (The remainder of the Firsts Schedule, containing the breakdown of the above heads" of '. expenditure,. except head 31, into subheads and items, is omitted in this •:..,׳•.•• ׳־-•.,. .... ׳ ^translation. 86 SECOND SCHEDULE (section 3) REVENUE IL 1. Customs •100,000 2. Revenue Stamps 200,000 3. Revenue of the Ministry of Supply and Rationing 200,000 4. Prom Excess of Revenue over Expenditure as at March 31, 1949 1,010,349 1.8-10,349 5. Revenue of Enterprises of the Ministry of Communications — Ports and Lighthouses' 88,000 Railways 29b ,651 336 .(¿51 Total 2,W,000 DAVID BEN-G-URION ELIEZER KAPLAN Prime Minister Minister of Finance CHAIM WEIZMANN President of the State No. 25 BUDGET (APRIL—JUNE 1950) LAW, 5710—1950* 1, The Government is authorised to expend, in the quarter from the 14th Nisan, Budget for h 5710 (1st April, 1950) to the 15th Tammtiz, 5710 (30th June, 1950) (hereinafter: A p^"!!!jUne, "the quarter") an amount equal to the fourth part of the amounts of expenditure 1950. fixed in the 1949/50 Budget Law, 5709—1949!) (hereinafter: "the Budget Law") and in the 1949/50 (No. 2) Budget Law, 5710—19502) (hereinafter: "the Additional Budget Law"), which is 10,601,250 pounds, with the addition of an amount of one million and two hundred thousand pounds. 2, Every amount of expenditure shall be equal to the fourth part of the amount Details specified in respect of the same expenditure in the First Schedule to the Budget 01 Budget. Law (as varied under section 4 of that Law) and in the First Schedule to the Additional Budget Law; the General Reserve shall be increased by the amount of one million and two hundred thousand pounds referred to in section 1. 3, (a) Upon the proposal of the person in charge of any head of expenditure, Variations the Minister of Finance may — in Budget. (1) with the approval of the Finance Committee of the Knesset transfer any amount from one subhead to another subhead of that head of expenditure; (2) transfer any amount from one item to another item of the same subhead of that head of expenditure'. * Passed by the Knesset on the 10th Nisan, 5710 (28th March, 1950) and published in Se/er Ha-Chukkim No. 39 of the 17th Nisan, 5710 (4th April, 1950), p. 119. 1) Se/er Ha-Chukkim No. 23 of the 16th Elul, 5709 (9th September, 1949), p. 201. 2) Se/er Ha-Chukkim No. 39 of the 17th Nisan, 5710 (4 April, 1950), p. 107. 87 •••:..•'. (b) For the purpose, of this subsection, the person, in charge','of a head of expenditure is: (1) in respect of the Office of the President of the State — the person ap pointed in that behalf by the President; (2) in respect of any other head of expenditure, except the heads of expenditure of the Knesset and the Comptrol Office — the Minister de signated in that behalf by the Government. - (c) In respect of the head of expenditure of the Knesset, the Finance Committee of the Knesset may, upon the proposal of the Chairman of the Knesset, transfer any amount from one subhead to another subhead, or from one item to another item, of that head of expenditure. (d) In respect of the head of expenditure of the Comptrol Office, the Finance Committee of the Knesset may, upon the-proposal of the State Comptroller, transfer any amount from one subhead to another subhead, or from one item to another item, of that head of expenditure. Use of 4>. The Minister of Finance may determine from time to time the purposes for General Beserve. which the amounts of the General Beserve shall be used. Security 5. The Security Budget for the quarter, and its apportionment into subheads and Budget. items, shall be determined by the Finance Committee of the Knesset upon the proposal of the Government. .- Development (J, (a) In addition to the amounts which it is authorised to expend under section Budget. 1 and section .5, the Government is authorised to expend during the quarter, by way of capital investments and loans, an amount of 21,000,000 pounds for develop ment purposes (hereinafter: "advance on the Development Budget"). of the • amount of the advance on the Development׳ b) The apportionment) Budget into heads, subheads and items of expenditure shall be as specified in the First Schedule to this Law. (c) The estimated revenue to cover the advance on the Development Budget is as specified in the Second.Schedule to this Law. • Implementa 7. The Minister of Finance is.charged with the implementation of this Law. tion. Commence 8. This Law shall have effect retroactively as from the 14th Nisan, 5710 (1st ment. April, 1950). •- " FIB3T SCHEDULE . (section 6(b) APPORTIONMENT OF THE AMOUNT OF THE ADVANCE ON THE DEVELOPMENT BUDGET INTO HEADS, .SUBHEADS AND ITEMS OF . . EXPENDITURE IL • IL " 1. Housing — Dwellings for Immigrants 6,000,000 Civilian Housing 2,000,000 Buildings for the Youth Immigration Scheme 250,000 ׳ •Housing for Members of the Standing Army 500,000 Government Buildings and Housing for Officials .in Jerusalem - 1,25,0,000 ׳ Buildings for Cultural Institutions 500,000 ׳ Buildings• for Social Welfare Institutions 11,000,000 500,000 .IL IL ־ .- Tourism — Loa us for the Establishment .2׳ "'• of Hotels - 600,000 — Public Works .9״ ׳ Loans to Local :Authorities 1,500,000 National Highways _ 1,000,000 2,500,000 4. Communications — Expansion and Improvement of Enterprises — Posts, Ports and Railways 1,000,000 5. Agriculture " (includes IL. 500,000 as an additional investment in an agricultural credit institute) — 2,000,000 6. Industry (includes IL: 500,000 as an additional invest ment in Otzar Le-Ta'asiya Ltd.) — 2,000,000 7. Sundries — 2,000,000 Total . 21,000,000 SECOND SCHEDULE (section 6(c)) ESTIMATED REVENUE TO COVER THE ADVANCE ON THE DEVELOP MENT BUDGET IL.. 1. Prom Balance of Loan from the Import-Export Bank of Washington 5,000,000. 2. Prom Various Sources (including Land Bonds) 16,000,000 Total 21,000,000 DAVID BEN-GURION ELIEZER KAPLAN Prime Minister Minister of Finance CHAIM WEIZMANN President of the State No. 26 DEFENCE (PREVENTION OF PROFITEERING) REGULATIONS (AMENDMENT) LAW, 5710—1950* The Defence (Prevention of Profiteering) Regulations, 1944!), shall be amended Amendment of Defence as follows: (Prevention of Profiteer (o) in regulation 2 — ing) Regula tions, 1944. (1) the definition of the term "Commissioner" shall be deleted; (2) in the definition of the term "Controlling Authority", the words "the Commissioner or" shall be deleted; (3) at the. end of the definition of the term "service" — Passed by the Knesset on the 11th Nisan, 5710 (29th March, 1950) and published in Sefer Ba-Chukkim No. 40 of the 18th Nisan, 5710 (5th April, 1950), p. 123; the Bill and an Explanatory Note were published in BaUa'ot Chok No. 33 of the. 5th Shevat, 5710 (23rd January, 1950); p. 91. P.O. No. 1359 of the 14th February, 1944, Suppl. II, p. 939, (English Edition); P.G. No. 1446 of the 16th October, 1945, Suppl.. II, p. 1193 (English Edition); P.O. No. 1619 of the 9th Ootober, 1947. Suppl. II, p. 1510 (English Edition). . . (i) the semicolon shall be replaced by a comma;, (ii) the following words shall be added: . ;•"and any service performed in relation to immovable property, including a public entertainment within the meaning of the Public Entertainments Ordinance, 1935!)"; (b) in regulation 3A, the following subregulation shall be inserted after sub- regulation (2): "(3)(a) A Controlling Authority may, by order, fix the remuneration or maximum remuneration for a particular service, being a controlled service, either before or after such service is performed, and may also, by order, issue directions aimed at prohibiting the receipt of, or demand for, a remuneration exceeding the remuneration fixed as aforesaid; provided that a remuneration or maximum remuneration for a service already performed may be fixed only within three months from the day of the performance of the service or the day on which an invoice in accordance with regulation 9 was given in respect of that service, whichever is the later date. (b) Where a remuneration or maximum remuneration for a particular service, as aforesaid, has been fixed after a remuneration exceeding the fixed remuneration or maximum remuneration was paid for that service, the person to whom such remuneration was paid shall refund the balance to the person who made the payment.'.'; (c) the following shall be inserted after regulation 7: "Prohibition 7A• A person shall not perform, offer, or agree to perform, a of performance controlled service for a remuneration which exceeds the reasonable of controlled limit of remuneration for that service, whether or not a maximum service for excessive remuneration for such a service has been fixed under these Reg• remuneration. ulations or under any other law."; (d) in regulation 8 — (1) the following subregulation shall be inserted, after subregulation (2): "(2A) The Controlling Authority may prescribe by order that any person who has sold to a consumer a commodity of a specific kind, or a commodity the price of which exceeds a specific amount, shall give to the consumer an invoice complying with the requirements of subregulation (1) and a receipt complying with the requirements ' of subregulation (2), even though he may not have been required to do so by the consumer."; (2) in subregulation (8), paragraph (6), the words "the Commissioner for Commerce and Industry (Price Control Section), P.O.B. 288", shall be replaced by the words "the Control Department, Ministry, of Supply and Rationing"; •(e) regulation 9 shall be re-marked as regulation 9(1) and the following sub- regulation shall be inserted thereafter: "(2) A. Controlling Authority may prescribe by order that any person who has performed a controlled service of a specific kind, or a service the remuneration for which exceeds a specific amount, shall give to the person for whom the service has been performed, an invoice and a receipt • complying with the requirements of subregulation (1), even though he may not have been required to do so by such person"; (jf) the following regulation shall.be'inserted after regulation 9: • i). ,P.O. No. 496 of the 28th February, 1935, Suppl. I, p. 51 (English Edition). :. ־ - I • Ticket in . Q£ A controlling authority may prescribe by order, in respect voice°and* °* a controlled service of a specific kind, that the issue of a ticket receipt. containing the particulars enumerated below to the person for whom a service of that kind has been performed shall relieve the person who has performed the service of the obligation 'imposed on him by section 9. The particulars are the following: (a) the name of the person who has performed the service; (b) the place where the service was performed; (c) the nature of the service; (d) the time at which the service was performed ; (e) the remuneration for the service."; ( ,,Prose- 16. A prosecution for a contravention of these Regulations shall oution.. not "be instituted except by the Attorney General or by his repre sentative or with the consent of the Attorney General."; (/) in regulation 17(1), after paragraph (b) (ii), the following paragraph shall be added: "(iiA) a performance of a controlled service in contravention of regulation 7A;". - DAVID BEN-GTJRION Prime Minister. • CHAIM WEIZMANN '. ; ..'׳',־• President of the State No. 27 . COMPULSORY EDUCATION (AMENDMENT) LAW, 5710—1950* • J-. • The Compulsory Education Law, 6709—1949!), shall be amended as follows: Amendment oi The following subsection shall be added at the end of section 10: Edu^ion7 "(c) (1) The provisions of subsections (a) and (b) shall not apply to im- 5709^-1949. migrants' camps. , (2) The Minister may prescribe, by regulations, arrangements for schooling in immigrants' camps. * Passed by the Knesset on the 11th Nisan, 5710 (29th March, 1950) and published . .Se/er Ha-Chukkim No. 40 of the 18th Nisan, 5710 (5th April, 1950), p. 126־in :;!), 'Sefer Ha-Chiikkim No. 26 of the 24th Elul, 5709, (18th September, 1949), p. 287. 91 In this subsection, "immigrants'"camp" means a'place serving (־ (3 for the accommodation of immigrants immediately after their im- .. migration, until they have secured, permanent or temporary housing.". Commence- 2. Th'B Law shall have effect from the date on which it is passed by the Knesset, ment. ' "' - DAVID BEN-GURION - DAVID REMEZ Prime Minister Acting Minister of Education CHAIM WEIZMANN President of the State No. 28 EMERGENCY REGULATIONS (TRAFFIC OFFENCES — MILITARY PERSONNNEL (EXTENSION OF VALIDITY) (No. 2) LAW, 5710—1950* Extension of 1. The validity of the Emergency Regulations (Traffic Offences — Military validity. Personnel)., 6709—1949!), is hereby extended until the 19th EM, 5710 (1st Septem-' ber, 1950). Commence 2. Tbis Law shall come into force on the 13th Kisan, 5710 (31st March, 1950). ment. , DAVID BEN-GURION DAVID BEN-GURION Prime Minister Minister of Defence CHAIM WEIZMANN President of the State No. 29 EMERGENCY REGULATIONS (HOTEL ACCOMMODATION) (EXTENSION OF VALIDITY) (No. 2) LAW, 5710—1950** Extension of 1, The validity of the Emergency Regulations (Hotel Accommodation), 5709— validity. 19492), is hereby extended until the 18th Elul, 5710 (31st August, 1950). Commence 2. This Law shall come into force on the 13th Nisan, 5710 (31st March, 1950). ment. DAVID BEN-GURION MOSHE SHAPIRA Prime Minister. Minister of Immigration CHAIM WEIZMANN President of the State' * Passed by the Knesset on the 11th Nisan, 5710 (29th March, 1950) and published in Sefer Ha-Chukkim No. 40 of the 18th Nisan, 5710 (5th April, 1950), p. 127; the Bill and an Explanatory Note were published in Hatza'ot Chok No. 40 of the 5th Nisan, 5710 (23rd March, 1950), p. 143. 1) Sefer Ha-Chukkim No. 11 of the 12th Sivan, 5709 (9th June, 1949)1 p. 45. *'* Passed by the Knesset on the 11th Nisan, 5710 (29th March, 1950). and published in Sefer Ha-Chukkim No. 40 of the 18th Nisan, 5710 (5th April, 1950), p. 128:; the Bill and an Explanatory Note were published in Hatza'ot Chok No. 36 of the 11th Adar, 5710 (28th February, 1950), p. 126. 2) Kovete Ha-Takkanot No. 15 of the 19th lyar, 5709 (18th May, 1949), p. 1891 92 No. 30 ENCOURAGEMENT OF CAPITAL INVESTMENTS LAW, 5710—1950* PAET ONE: INTERPRETATION J. In this Law — Interpreta- "Investment Centre" means the centre to be established under this Law for the encouragement of all economic initiative and capital investments for the purpose of: (1) developing the productive power of the State and the absorption of large-scale immigration; (2) furthering the balancing of the payments of the State through the .;reduction of imports and increase of exports ־ (3) furthering rational distribution of the population throughout the area of the State and planned exploitation of the resources of the State and its economic potential; "Director" means the person appointed by the Government to be Director of the Investment Centre; "undertaking" means any undertaking in industry, agriculture, building or transport or in any other economic sector capable of assisting in the achieve ment of any of the objects set out in the definition of the expression "Invest ment Centre"; "approved undertaking" means an undertaking established or enlarged after the 6th Iyar 5708 (15th May, 1918), whether before the date on which this Law comes into force or thereafter, and approved by the Director, pursuant to a resolution of the Investment Centre, as an "approved undertaking"; such an approval may be either general or limited to the enjoyment of part of the exemptions, facilities or reliefs provided for by this Law. "approved investment" means a capital investment in an approved under taking. ' PABT TWO: BELIEFS FROM PROPERTY TAXES 2. In this Part — Interpreta tion. (o) "five years" means five years from the commencement of the financial J)«M> 1950/51 or from the commencement of the financial year following the eomj^etion of construction, whichever is the later date; (b) "completion of construction" has the meaning assigned to the same term in the Urban Property Tax Ordinance, 19401). 3. (a) In this section, unless the context otherwise requires, every term shall Exemption have the meaning assigned to it in the Urban Property Tax Ordinance, 1940 from urban property tax. (hereafter in this section: "the Ordinance"). (b) Notwithstanding anything contained in the Ordinance <5r in any other law (1) where the completion of construction of any building took place after the 6th Iyar, 5708 (15th May, 1948), the owner shall be exempt for five * Passed by the Knesset on the 11th Nisan. 5710 (29th March, 1950) and published in Sc/er Ha-Chukkim No. 41 of the 19th Ni3an, 5710 (6th April,1950). p. 129: the Bill and an Explanatory Note were published in Baza'ot Chok No. 29 of the 3rd Tevet, 5710 (23rd December, 1949), p. 53. 1) P.G. No. 1065 of the 20th December, 1940, Suppl. I, p. 275 (English Edition). 93 years from payment of the tax imposed ^undfc ,׳׳,_-r•.^;';'. ;׳״> .־;'; of the house property of which the building forms part. .(2) where the completion of construction of an addition to an "existing 'May, 1948), the owner ־:building took place after the 6th Iyar, 5708 (15th shall be exempt for five years from, payment of the amount of the additional tax imposed Under the Ordinance in respect of such addition. Exemption 4. (a) In this section, unless the context, otherwise requires, every term shall from rural 1 property tax. have the meaning assigned to it in the Rural Property Tax. Ordinance, 1942 J (hereafter in this section: '.'the Ordinance"). ' - (b) Notwithstanding anything contained in the Ordinance or in any other ־_'׳׳.,•. — law (1) where the completion of .construction of any industrial building took place after the' 6th Iyar, 5708 (15th May. 1948), the owner shall be exempt for five years from payment of the tax imposed under the Ordinance in respect of such industrial building : (2) where the completion of construction of an addition to an existing industrial building took place after the 6th Iyar,. 5708 (15th May, 1948), thé owner shall be exempt for five years from payment; of the amount of the- additional tax imposed under the Ordinance in respect of such ad• dition; 5 . - ..' • (3) where the completion of construction of any building not being an in-, dustrial building took place after• the 6th Iyar, 5708 (15th May, 1948), the owner, shall be exempt for five years from payment of the tax imposed under the Ordinance in respect of the area of land on which the building was erected. (c) Notwithstanding anything contained in the Ordinance or in any other law (1) where citrus trees are planted after this Law comes into force, the owner shall be exempt, for ten years from the commencement of the .,inancial year following the year of planting, from payment of the tax • . •imposed under the Ordinance in respect of the area of land on which the trees are planted; • (2) where fruit trees, other than banana and citrus trees, are planted after this Law comes into force, the owner shall be exempt, for fourteen • years from the commencement of the financial year following the year of planting, ' from payment of. the tax imposed under the Ordinance jn re• spect of the area of land on which the fruit trees are planted. Speoial 5. Notwithstanding anything contained in the Urban Property Tax Ordinance, exemption. 1940, the Rural Property Tax Ordinance,' 1942, or any other law, the Minister of Finance may, by order, direct with regard to certain buildings or classes of buildings to be specified in the order that the owner of a building the completion 'of construction of which took place within three years from thé date on which this Law came into force shall be exempt from ' payment of the tax as provided in in sections 3 and 4 fori an additional five years from the commencement of the financial year following the expiration of the first five years of exemption under the the said sections. Necessity (J, Exemption from tax •under sections 3, 4 and 5 shall be allowed — for licence and notifica• tion. (a) if the licence required under any law for. the construction of the building or addition to the building or the planting of the trees has been granted; i) .P.O. No. 1182 of the 30th March, 1942; Suppl, I, p. 3 (English Edition). : 94 (b) if notification has been given, in the form to be prescribed by regulations; to the Minister of Finance, or to a person appointed: by him for the purpose of this section, not later than the 30th September, 1950, or not later than the 30th September in the financial year following the completion of con struction of the building or the addition to the building, or the planting of the trees, whichever is the later date; where notification is given out'of time, there shall be deducted from the period of exemption as aforesaid the time between the last date fixed for giving notification and the date on which noti fication was actually given. 7, Notwithstanding anything contained in the Municipal Corporations Ordinance, Exemption 2 from rate 1934!), or in the Local Councils Ordinance, 1941 ), or in any order made there of local under, or in any other law, a local authority may exempt, for a period of five years authorities. and under such conditions as it may prescribe, any building or addition to a building the completion of construction of which took place after the 6th Iyar, 5708 (15 May, 1948), from payment of the whole or part of any property rate imposed under any of the said Ordinances in respect of such building or such addition to a building; the exemption shall be prescribed by bye-law. 8. The provisions of this Part shall apply to every building or addition to a Application. building, whether or not constructed with funds of an approved investment. PAET THREE: RELIEFS FROM INCOME TAX Interpreta ־־ — a) In this Part) ,9 tion. (1) unless the context otherwise requires, every term shall have the mean- . ing assigned to it in the Income Tax Ordinance, 19473), or the Company Profits Tax Ordinance 1947*), as the case may be; (2) "tax", in relation to an individual, means income tax, absorption tax under the Absorption Tax Law, 5709—19493), and any other tax imposed on the income of an individual; and in relation to a company means income tax, company profits tax and any other tax imposed on the income of a company; (3) "year of assessment", in the case of companies, means accounting period. (b) The provisions of this Part shall apply notwithstanding anything contained in any law. 20. (a) IQ calculating the tax, there shall be allowed — on the application of Increase in the rates of the assessee — in respect of new' machinery and new equipment used for the depredation. purpose of an approved undertaking, and also in respect of new buildings, de preciation deductions under section 11 (1) (») of the Income Tax Ordinance, 1947, of an amount ,equal to two hundred' per centum of• the rate of depreciation prescribed in the Income Tax (Depreciation) Rules, 1941«), in each of the first three years of assessment following the erection of •the new building or the commencement of the use in Israel of the machinery or the new equipment, and of an amount equal to one hundred and fifty per centum of the said rate of de preciation in each of the two years of' assessment following the first three years as aforesaid. - 1) P.O. No. 414 of the 12th January, 1934, Suppl. I, p. 1 (English Edition). 2) P.G. No. 1154 of the 18th December, 1941, Snppl. I, p. 144 (English Edition), s) P.O. No. 1568 of the 29th March, 1947, Suppl. I, p. 93 (English Edition). *) P.O. No. 1568 of the 29th March, 1947, Suppl. I, p. 75 (English Edition). 3) Sefer Ba-Chukkim No. 22 of the 13th Elul, 5709 (7th September, 1949), p. 198; 151 vol. Ill, p. 105. 6). P.O. No. 1131 of the 18th September, 1941, Suppl. II, p. 15 95 (b) " Where it is proved to the Assessing Officer that'in any particular approved undertaking there was unusual wear and tear of. new. machinery or of new plant owing'to its having been operated in additional shifts or under extremely difficult conditions, the Assessing" Officer may, on the application of the assessee, allow, in addition to the deduction under subsection (a), a further deduction not exceed ing fifty per centum of the rate of depreciation prescribed in the Income Tax (Depreciation) Eules, 1941. (c) In this section — "new building" means a building, or any part thereof, the completion of construction of which took place after the 6th Iyar, 5708 (15th May, 1948), and the term "completion •of construction" shall have the mean ing assigned to the same term in the Urban Property Tax Ordinance 1940; "new machinery and new plant" means machinery or plant first put into . use in Israel after the 6th Iyar, 5708 (15th May, 1948). Income tax 12. (a) An individual, whether a resident of Israel or an non-resident, shall not from an approved be liable to pay on his chargeable income derived from an approved investment, undertaking. •'ax at a rate exceeding one of the two following rates, whichever is the lower — (1) the average rate of tax which, but for the provisions of this section, •־ ;such individual would have to pay (2) a.rate of twenty-five per centum of his said income. (b) The relief under subsection (a) shall be granted for five years from the commencement of the year of assessment in which such individual may first become liable to pay tax on his said income. (c) Where such an. individual had, in the year preceding any year of assess- , ment,' any other income liable to be charged with tax, the assessment of the income derived from an approved investment shall be made separately from the assessment of the other income, as though they were incomes of two individuals, 'and 16 of the Income Tax ׳ provided that the deductions under section 14^15 Ordinance, 1947, shall be allowed only in respect of the other income. Income tax of companies. 22. (a) The Minister of Finance may make regulations regarding the refund of tax, at the rates and in the manner prescribed by such regulations, to companies in cases where the amount of tax which such companies־ ,not resident in Israel have paid in Israel exceeds the. amount allowed them, in view of such payment, in the country of their permanent residence as a deduction from the tax due in that country on their income derived from or accrued in Israel. Such regulations may be either general or restricted.to companies the permanent residence of which .•׳•..׳ - .is in specified countries (b) Where the Minister of Finance has made regulations as provided in sub section (a), he may, by order, direct that, for the purpose of the refund of tai as provided in subsection (a), companies resident in Israel which' have been •approved ,as approved undertakings shall be deemed to be companies not resident in Israel the place of permanent residence of which is as specified in• the order. Income of ne ra e ax an approved 13. ^ ' °f ' imposed on the income of an approved specialist which is specialist. chargeable under section 5(1) (6) of the Income Tax Ordinance, 1947, shall be two hundred and fifty mils on every pound of such income during three 'years of assessment from the commencement of the year of' assessment in which such specialist may be first liable to pay tax on his said income. • / • Where an approved specialist has, in the year preceding any year of assess-, ment, other income liable to be chargeable, the assessment on the income charge able under section 5(1). Qr) of the Income Tax Ordinance; .1947, shall be made 06 separately from the assessment of the other income, as though they-were incomes of two individuals. "Approved specialist" means a non-resident who has been invited, with the approval of the Director, to serve as a specialist in any undertaking in industry, agriculture, building or transport or in any other economic sector capable of assisting in the achievement of any of the objects set out in the definition of the term "Investment Centre" in section 1. 14. Where an individual receives in Israel income accrued or derived outside Income of an individual Israel, he shall not be liable to tax thereon for seven years from the date on from outside which he becomes a resident of Israel. Israel. 15. ^ne Minister of Finance may, on the application of a company the business Income of a and management of which are controlled from outside Israel, direct that such company from outside company shall pay on its income accrued or derived abroad but received in Israel, Israel. a tax of one hundred and fifty mils per pound, and once the Minister of Finance so directs, tax at such rate shall be substituted for the rates of the tax defined in section 9 (a) (2). 16. In determining the chargeable income of any person, whether individual or Seductions for soientiflo company, who or which in the year preceding a particular year of assessment research. incurred capital expenditure on scientific research for the development or advance• ment of his or its approved undertaking, there shall be deducted from such income each year, for five years from such year of assessment, an amount of twenty per centum of such expenditure. No deduction shall be allowed under this section in respect of any expenditure invested in property in respect of the depreciation of which a deduction may be made under section 11 (t) of the Income Tax Ordinance, 1947. PART IV: FACILITIES IN EESPECT OF OTHER TAXES 17. Where the Director certifies that the registration of a company with a Fees for registration certain share capital, or an increase of its capital, is desirable in the interests of of a company. an' approved investment, the Minister of Justice shall, on the recommendation of the Director, defer, for a period not exceeding five years and upon such con• ditions as he shall in each case prescribe, payment of the registration fee, capital duty and any other fee payable in such case under the Companies Ordinance. 13. Where the Director certifies' that a transfer of land in respect of which a Land regis• registration fee is payable is desirable in the interests of an approved investment, tration fees. the Minister of Justice shall, on the recommendation of the Director, defer, for a period not exceeding five years, and on such conditions as he shall in each case prescribe, payment of the registration fee payable in such case under the Land Transfer (Fees) Rules, 1939!). PART FIVE: TRANSFER OF CAPITAL FROM ABROAD AND FOREIGN CURRENCY 19.'In thiB Part, unless the context otherwise requires, every term shall have Interpreta• the meaning assigned to it in the Defence (Finance) Regulations, 19412). tion. 20• (a) The Minister of Finance, or a person appointed by him, may, for the Transfer of oapital in the purpose of the transfer of capital from abroad and its investment in an approved form of undertaking, permit the import of machinery, equipment and raw materials required machinery, for the approved undertaking. equipment and raw materials. 1) P.G. No. 972 of the 26th December, 1939, Suppl. II, p. 1477 (English Edition). 2) P.O. No. 1138 of the 6th November, 1941, 'Suppl. II, p. 1647 (English Edition). 97 .(b)' A permit under subsection (a) shall be granted in consultation with the competent authority charged with the licensing of the import of • the machinery] equipment or raw materials for. which the permit is requested; and as soon as such a permit has been granted it shall serve in lieu of any licence, approval, permit and the like required under any '.aw for the import of such machinery, equipment or raw materials from abroad. Export of 21. Where a non-resident makes an approved investment in foreign currency, foreign . ourrenoy the Minister of Finance may grant him a permit to export from Israel, on account from Israel. of the capital, profits, interest or depreciation of such investment, foreign currency of the kind used for such investment of an amount not exceeding in any year ten per centum of the amount of such investment. For the purpose of this section, "approved investment in foreign currency" means an approved investment made with capital transferred to Israel in foreign currency, machinery, equipment or raw materials, or partly in one and partly in another of these. , ' . OSer of foreign• 22. Where a non-resident who has made an approved investment in Israel comes - ourrenoy to settle in Israel, the Minister of Finance may release him, for a period of seven for sale. years from the date on which he becomes a resident of Israel, from the obligation to offer foreign currency to the Minister of Finance for sale. A release under this section may be general, limited or conditional. Deposits in 23. The Minister of Finance may, by general or specific order, permit a bank foreign currency. authorised by him or on his behalf to deal in foreign currency to receive from non-residents deposits in foreign currency; and as soon as such a deposit has been made, the depositor may transfer it, wholly or in part, abroad without obtaining a licence. PART SIX: CUSTOMS Exemption from import 24. The Minister of Finance may, by "general or specific order, exempt from duties. payment of import duty under the Customs Tariff and Exemption Ordinance, 19371), any of the articles hereafter specified when destined for an approved under• taking, or reduce, such duty. The articles aré: (1) equipment, installations, machinery and prefabricated structures and houses for industrial undertakings and stores thereof; (2) raw materials, building materials and semi-finished goods which are not made in Israel. , Befund of a import duties. 25. ( ) The Minister of Finance may, by general or specific order, give directions for the refund or any import duty paid on materials destined for the production of goods, or on building materials and building requisites, imported into Israel before the 7th Tammuz, 5712 (30th June, 1952), and which have been used for the purposes of an approved undertaking in industry, agriculture or building or an hotel. ^ (b) Tha-provisions 'of section 158 (2) and (3) of the Customs Ordinance shall apply mutatis mutandis to the refund of import duties under this section. Publication 26. Any order under this Part shall be published in Reshumot. of orders. PAET SEVEN: INVESTMENT CENTRE AND ADVISORY COUNCIL - Investment a Centre and 27. ( ) There shall be established an Investment Centre, consisting of — composition thereof. i) P.O. No. 714 of the 1st September, 1937," Suppl. I, p. 215 (English Edition). (1) the Director as chairman ; (2) five members, of whom one shall be appointed by the Minister of Finance, one by the Minister of Supply and !Rationing, one by the Minister of Agriculture, one by the Minister of Trade and Industry and one by the Minister of Labour and Social. Insurance; the appointment of each of the said five members of the Centre shall be by order signed by the Minister who appointed him. (b) The Investment Centre shall itself determine the procedure for its meet ings and business. 28. The Investment Centre shall — Functions of Investment (1) furnish information on problems connected with the investment of capital Centre. in Israel; (2) examine proposals for capital investment from the point of 'view of their conformity with the objects set out in the definition of the term "Investment Centre" in section* 1; (3) decide on the approval of an undertaking as an approved undertaking; (4) make recommendations to the Ministers regarding the grant of reliefs, facilities, exemptions and licences for approved undertakings, within the framework of the Ordinances and Laws which are within the scope of ;with the implementation of which they are charged ׳ their authority or (5) maintain contact between investors and Government offices in all matters connected with capital investment. 29. (a) A person who considers himself aggrieved by a decision of the Investment Appeal against Centre regarding his application for the approval of an undertaking as an approved decisions undertaking may, within sixty days from the date of delivery to him of a notice of the Centre. of the decision, appeal against it to the Ministers charged with the implementation of this Law. (b) The appeal shall be lodged through the Advisory Council mentioned in section 30, which shall consider it and transmit it, together with a statement of its opinion, to the said Ministers. 30. There shall be established an advisory council (hereinafter: "the Advisory Advisory Council") to advise the Government on matters concerning the encouragement of Council and capital investment. It shall consist of — composition thereof. (1) the six members of the Investment Centre; (2) ten members from among the public, to be appointed by the Government in consultation with local authorities and with public-economic and professional, organisations and institutions engaged in economic sectors of importance to .׳'׳'. ,.the national economy The Director or, in his absence, the member of the. Investment Centre ap pointed by the Minister of .Finance, shall be the chairman of the Council. •'' 31. (a) The Advisory Council shall discuss and express its opinion on the follow Matters to ing matters: be discussed by the (1) general policy for encouragement of capital investments, and plans Advisory for its implementation; Counoil. (2) proposals for legislation to encourage capital investments; (3) appeals against decisions of the Investment Centre under section 29; (4) any other matter which appears to the Council to be important or useful for the encouragement of capital.investments. 99 (b) The findings, proposal's; recommendations and statements of opinion of the Advisory Council, except statements of opinion under section 29(b), shall be ׳ brought before the Government by the Director through theMinister of Finance. Meetings of 32. (a) The Director •shall convene the Advisory Council as may be necessary, the Advisory but at least once every month, and shall determine the time, place and agenda Council and the procedure of the meeting. thereat. (b) Eight members, of whom three shall be representatives of the Investment Centre, Bhall form a quorum at meetings of the Advisory Council: (c) The Advisory Council shall itself determine the procedure for its meetings and business. Publication of 33. The procedings of the Advisory Council or any material supplied to any the proceed-. ings of the of its members in virtue of his membership of the Council shall not be published, Advisory and statements or declarations on these subjects shall hot be made, without the ׳;־־.•.. -~ , .Council. approval of thé Director .Remuneration 34. A member of the Advisory Council from among the public is entitled to of members of the Advisory be reimbursed by the Treasury for his expenses, and for any loss of wages, in Council. connection with his attendance at the meetings of the Council, at Buch rate as the Minister of Finance shall determiné. . PART EIGHT: GENERAL PROVISIONS Application 35. No relief,facility or exemption under the provisions of this Law shall, unless of the Law. the context otherwise requires, apply or be granted in respect of any undertaking ׳ •' ; .which is not an approved undertaking 11ublication of 36. Notice of appointments under this Law shall be published in Reshumot.' appointments. Saving of 37. The powers conferred by this Law shall not derogate from any-.powers under powers. '' • ־ .any other law Where the Investment Centre is satisfied that the approval of an undertaking .38־ False statements. as an approved undertaking was given on the strength of false or deliberately misleading statements, the Investment Centre may cancel its approval. Such a decision of the Investment Centre is appealable in the manner set out in section 29. Investments 39. The Minister of Finance may make regulations as to exemptions, facilities in securities.• and reliefB under this Law applicable to investments in. securities and to loans - ' ־׳ .secured by mortgage • • " ' < ' Implementa 40. The Minister of Finance and the Minister of Trade and Industry are charged tion and regulations. with the implementation of this Law, and may jointly make regulations as to - any matter relating to Buch implementation. Delegation of powers. 41. The. Minister of Finance may delegate all or any of his powers under this Law, except the. powers conferred .upon him and the Minister of Trade and In .•׳_'".• '.dustry jointly DAVID BEN-GÜRION ' ELIEZER KAPLAN Prime Minister Minister of Finance . Minister of Trade and Industry CHAIM WEIZMANN President of the State 10O- 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.־»* 010435 2014^ 22 ~~ ^'"" * משרד המשפטים (התימה מוסדית). No., 31 THE CRIME OF GENOCIDE (PREVENTION AND PUNISHMENT) LAW, 5710 — 1950* 1. (a) In this Law, "genocide" means any of the following acts committed "Genocide" — inter with intent to destroy, in whole or in part, a national, ethnical, racial or religious pretation. group (hereinafter referred to as "group"), as such: (1) killing members of the group; (2) causing serious bodily or mental harm to members of the group; (3) inflicting on the group conditions of life calculated to bring about its physical destruction, in whole or in part; (4) imposing measures intended to prevent births within the group; (5) forcibly transferring children of the group to another group. (b) In subsection (a), "child" means a person under eighteen years of age. 2. A person guilty of genocide shall be punishable with death; provided that if Penalty for genocide. he committed the act constituting the offence under circumstances which, but for section 6, would exempt him from criminal responsibility or would be a reason •for pardoning the offence, and he tried to the best of his ability to mitigate the consequences of the act, he Bhall be liable to imprisonment for a term of not less than ten years. 3. (a) A person guilty of any of the following acts shall be treated like a person' Conspiracy, guilty of genocide: incitement and attempt to . (1) conspiracy to commit genocide; commit, and complicity in, (2) incitement to commit genocide; genocide. (3) attempt to commit genocide; (4) complicity in genocide. (b) The terms "conspiracy", "incitement" and "attempt" in subsection (b) shall be construed with reference to the provisions of the Criminal Code Ordinance, 1936!). (c) For the purpose of subsection (a)(4), a person shall be deemed to! have taken part in genocide if he is so deemed under section 23(l)(b), (c) or (d) of the Criminal Code Ordinance, 1936. 4. A person guilty of an offence under this Law shall be punished whether he Responsibility is a legally responsible ruler, a member of a legislative body, a public official or a for genocide. private individual. 5.. A person who has committed outside Israel an act which is an offence under Place o£ this Law may be prosecuted and punished in Israel as if he had committed the crime. act in Israel. g. The provisions of sections 16, 17, 18 and 19 of the Criminal Code Ordinance, Judicial function, 1936, shall not apply to offences under this Law. constraint, necessity and justification not to be protection. and published ׳.(Passed by the Knesset on the 11th Nlsan, 5709 (29th March, 1950 in Sefor Ha-Chukkim No. 42 of the 20th Nisan, 5710 (7th April, 1950), p. 137:. the Mill and an Explanatory Note were published in HaUa'ot Chok No. 27 of the,23rd Kislev, 5710 (14th Deoember, 1949), p. 37. P.O. No. 652 of the 14th December, 1936, Suppl. I, p. 285 (English Edition). 101 Application, 7. The provisions of Part I of the Criminal Code Ordinance, 1936, shall apply of General Penal Code. to offences under this Law insofar as this Law does not otherwise provide. Extradition. 3. Notwithstanding anything contained in any other Law, in. considering the extradition of a person charged with, or convicted'of, genocide or any of the acts enumerated in section 3(a)< the plea that the offence with which such person is charged, or of which he has been convicted, is an offence of a political character . shall not be entertained. Implementa- : tlon. 9, The Minister of Justice is charged with the implementation of this Law. Operation. JQ_ This Law, which is consequent upon the Convention on the Prevention and Punishment of the Crime of Genocide!) — adopted by the United Nations General Assembly on the 7th Kislev, 5709 (9th December, 1948), signed on behalf of and, in accordance ' with a decision of the Knesset, ratified by the State of Israel — shall come into force on the date of its publication in Rethumot and shall remain in force whether or not the Convention comes into or remains in force. DAVID BEN-GURION PINCHAS ROSEN :Prime Minister ' Minister of Justice CHAIM WBIZMANN .President of the State ' '״ .•. No. 32 : ': • LOAN TO THE TEL AVIV MUNICIPAL CORPORATION (GUARANTEE) LAW, 5710—1950* . ־ ׳ / Authority 1, The Minister of Finance is hereby.authorised to guarantee on behalf of the -such conditions as be shall prescribe, to an amount not exceed ׳ to guarantee. State of Israel, on . ing 550,000 pounds plus interest at the rate of 4 per centum per annum, a loan to be given by the Anglo-Palestine Bank Ltd. to the Municipal Corporation of Tel Aviv under an authorisation by order of the Minister of the Interior in accordance ׳ :־ .(with the Municipal Corporations Ordinance, 19342 Implement^ . 2. The Minister of Finance is charged with the implementation of this Law. DAVID BBN-GDRION ELIEZER-KAPLAN ' . Prime Minister Minister of. Finance i) Kitvei Amana No. 5 of the 15th Kislev. 5710 (6th December, 1949), p. 66. * Passed by the Knesset on the. 22nd Iyar, 5710 (9th May, 1950) and published in i Sefer Ha-Chukkim No. 43 of the 2nd Sivan, 5710 (18th May, 1950) t>. 139; the Bill was published In HaUa'ot Chok No. 40 of the 5th Nisan, 5710 (23rd Maroh, 1950), p. 148. .2) P.O. No. 414 of the 12th January, 1934, Suppl. I, p. 1.' -'•102 /''. No. 33 LOAN TO THE CITRUS MARKETING BOARD (GUARANTEE) LAW, 5710—1950»" 1, The Minister of Finance is hereby authorised to guarantee on behalf of the Authority to State of Israel, on such conditions as he shall prescribe, to an amount not exceed• guarantee. ing 1,443,000 pounds plus interest at the rate of 2J per centum per annum, a loan to be given by the Anglo-Palestine Bank Ltd. to the Citrus Marketing Board. 2, The Minister of Finance is charged with the implementation of this Law. Implementa• tion. DAVID BEN-GURION ELIEZER KAPLAN Prime Minister Minister of Finance ÇHAIM WEIZMANN President of the State No. 34 NOTARIES (FOREIGN DOCUMENTS) LAW, 5710—1950*• 1 The functions of a notary for foreign documents, (hereinafter: 'notary") Functions of are: notary. (a) to authenticate signatures which have been made before ;m on documents intended for use abroad; here •׳to certify copies of documents which have been produced to h (6) the copy is intended for use abroad; (c) to translate, and to certify the correct translation of, doo! •s in languages of which he has command, where the translation is int • use abroad; (d) to receive and certify declarations on oath, declarations on affirmation and any other declarations, intended for use abroad; (e) to draw up documents, and to do any other act in connection with documents, where the drawing-up of the document, or the doing of the act, by a notary public is necessary for the use of the document abroad. 2. (a) For the purpose of this Law, there shall be set up a Recommendations Recommenda Committee of five persons (hereinafter: "the Committee"). The chairman of the tions Com Law Council shall be the chairman of the Committee; the four members of the mittee. Committee shall be appointed by the Minister of Justice from among the members and on the recommendation of the Law Council. (b) Three of the persons on the Committee, including the chairman, shall form a quorum. Passed by the Knesset on the 22nd Iyar, 5710 (9th May, 1950) and published in Se/er Ha-ChuUkim No. 43 of the 2nd Nisan, 5710 (18th May, 1950). p. 140; the Bill was published in HaUa'ot Chok No. 40 of the 5th Niaan, 5710 (23rd March, 1950) ' (23rd March. 1950), p. 148. Passed by the Knesset on the 22nd Iyar, 5710 (9th May, 1950) and published in Sefer Ha-Chukkim No. 43 of the 2nd Sivan, 5710 (18th May, 1950), p. 141; the Bill and an Explanatory Note were published in Hatia'ok Chok No. 36 of the 11th Adar, 5710 (28th February, 1950), p. 115. 103 (c) The Committee shall, itself prescribe its rules of procedure. Licence to 3. (a) The Minister of Justice shall grant a licence to set as a notary to a act as notary. person in respect of whom the following conditions are fulfilled : (1) he is inscribed on fche Boll of Advocates in Israel and has been engaged, continuously or intermittently, for not les3 than ten years — including at least two years in this country — in one or both of the following : (i) the profession of an advocate; (ii) a function in the legal service of the State of Israel or of the Government of Palestine; (2) the Committee has found him worthy to serve as a notary. (b) Before a licence to act as a notary is granted to a person, he shall — (1) sign the Boll of Notaries,, which shall be kept under the direction of the Minister of Justice ; (2) pay the fee which shall be prescribed by regulations.. Annual fee. 4. (a) The holder of a -licence to act as a notary who wishes to serve as a notary in a particular year of the Hebrew calendar shall, within the month of Tishri of such year, pay an annual fee to be prescribed by regulations. If he does not pay the said fee within the month of Tishri, he shall not be authorised to serve •as a notary in that year so long as he has not paid the said fee. (b) The holder of a licence to act as a notary shall be authorised to serve, as a notary without payment of the said fee until the end of the year in which the licence-was granted to him. Cancellation 5. (a) Where the name of a notary has been struck off the Boll of Advocates of licence. in Israel, his licence to act as a notary is void. -(b) The Minister of Justice 'shall cancel the licence of a person to act as a notary if the Committee has so recommended on one of the following grounds : (1) that such person has conducted himself improperly in the exercise of his functions as a notary, or has permitted his name as a notary to be used for the benefit of a person who is not a notary; (2) that such person has collected or demanded, for his services under this Law, a remuneration exceeding the remuneration fixed by regula• tions, or has collected or demanded," for his services under this Law, a remuneration smaller than that fixed by regulations without having a sufficient reason for so doing. (c) The Minister of Justice shall cancel the licence of a person to act as a notary if such person has so requested. ' Foes and 6. Thé Minister of Justice shall prescribe by regulations — notary's . remuneration. (a) the fee which shall be paid upon the grant of a licence to act as a notary ; (b) the annual fee; (c) the rate of the remuneration which a notary shall collect for his services under this Law and the cases of exemption from the payment of remunera• tion. Offences. 7. Whosoever, not being authorised to serve as a notary, holds himself out to be a notary or engages in the exercise of notarial functions is liable to imprison• ment for a.term not exceeding six months or to a fine not. exceeding one hundred and fifty pounds or- to both such penalties. 104 . Documents)', frrdinanceij, is hereby' re: Repeal and ־. 'Toe' "5Notanes •: ^blie\ vfJForelgn• (*•}!•'.'&;' s transitional .provisions ' .'. ••'.•:"!.׳.;•, ;: .. " ;'־'•׳. ״•׳'״•'•: •'':..״:'..•"].'>־ ; "״׳. •:''.pealed' (b) A person who, immediately, befpre the coming into force of this Law, held a valid licence granted under- the Notaries Public (Foreign Documents) Ordinance shall be authorised to serve as a notary for three months from the day of the coming into force of this Law and shalLon application be granted a licence to act 'as a notary without payment of the fee referred to in section 3(b) (2). Q The Minister of Justice is charged with the implementation of this Law and Implementa tion and ־ may make regulations as to any matter relating to such implementation. regulations. DAVID BEN-GURION PINCHAS ROSEN Prime Minister Minister of Justice CHATM WELZMANN President of the State No. 35 'CITRUS (CONTROL AND MARKETING) ORDINANCE • (AMENDMENT) LAW, 5710-1950* The Citrus (Control and Marketing) Ordinance, 5708—19481), shall be Amendment of amended as follows Citrus (Control and The following section shall be added after section 2: Marketing) Ordinance, 5708-1948. . "The Board — 2A. The Citrus Marketing Board is a corporate body and may to>dy?'0rat18 enter into contracts, acquire and hold property and be a party to any legal.or other proceeding". 2. Tim Law shall have effect retroactively as from the 16th Sivan, 5708 (23rd commenco- June, 1948). ment. DAVID BEN-GURION DOV JOSEPH Prime .Minister Minister of Agriculture CHAIM WEIZMANN President of the State i) Laws of Palestine vol. II, cap. 99, p. 1020.(English Edition). * Passed by the Knesset, on the 28th Iyar, 5710 (15th May, 1950) and published in Seter-Ha-Chukkim No. 44 oS the 9th Slvari. 5710 (25th May. 1950),.p. 143; the Bill and an Explanatory Note were published in HaUa'ot Chok No. 40 of the. 5th Nisan, 5710 (23rd Maroh, 1950),.p. 144. ־.l). Z.B. No.6 of.the.16th Sivan. 5708 (2Jrd June, 1948), Suppl.-I.p. 15; £SI vol., I, p. 22 Ii»- No. 36 MUNICIPAL CORPORATIONS ORDINANCE (AMENDMENT No. 2) LAW, 5710—1950* The Municipal Corporations Ordinance, 1934!), shall be amended as follows : In section 99(2), the words "twenty pounds" shali be replaced by the words "one hundred pounds". DAVID BEN-GURION MOSHE SHAPIRA Prime Minister Minister of the Interior CHÄIM WEIZMANN President of the State No. 37 EMERGENCY REGULATIONS (LAND REQUISITION- ACCOMMODATION OF STATE INSTITUTIONS IN JERUSALEM) (CONTINUANCE IN FORCE OF ORDERS) LAW, 5710—1950** Saving of 1, Notwithstanding the expiration of. the Emergency Regulations (Land Requisi• orders. tion — Accommodation of State Institutions in Jerusalem), 5710—19502) herein• after: "the Regulations"), an order made under the Regulations which was in force immediately before their expiration shall continue in force and shall in all respects be treated as if the Regulations had not expired and as if their validity had been extended until the publication of a declaration under section (9)(d) of the Law and Administration Ordinance, 5708—19483), that the state of emergency has ceased to exiBt; and all the provisions of the Regulations shall apply accord• ingly; and the Jerusalem District Commissioner shall, in respect of the order and in respect of the land to which it relates, have all the powers conferred upon the competent authority by the Regulations. Commence• 2 This Law shall have effect retroactively as from the 7th Sivan, 5710 (23rd ־ . .(ment. May, 1950 DAVID BEN-GURION Prime Minister CHAIM WEIZMANN President of the State * Passed by the Knesset on the 8th Sivan, 5710 (24th May, 1950). and published in Sefer Ha-Chukkim No. 45 of the 17th Sivan, 5710 (2nd June. 1950), p. 145; the Bill and an Explanatory Note were published in Batea'ot Chok No. 38 of the 24th Adar, 5710 (13th May, 1950), p. 138. 1) P.G. No. 414 of the 12th January, 1934, Suppl. I, p. 1 (English Edition). ** Passed by the Knesset on.the 8th Sivan, 5710 (24th May, 1950) and published in Sefer Ha-Chukkim No. 45 of the 17th Sivan, 5710 (2nd June, 1950), p. 146. 2) KoveU Ha-Takkahot No. 72 of the 7th Adar, 5710 (24th February, 1950), p. 569. »)•''.!.«. No. 2 of the 12th jyar, 5708 (2lBt May, 1948), Suppl. I. p. 1; LSI vol.1, p.7. 106 No. 38 PUBLIC OFFICERS (CHANGE OF TITLE) ORDINANCE (AMENDMENT) LAW, 5710—1950* The Public Officers (Change of Title) Ordinance, 1940»), shall be amended otVubUo^ .as follows: Officers (Change of In section 2, the words "Ordinance, proclamation, rule, order or notice Title) Ordin- now in force" shall be replaced by the words "law, within the meaning of the ance• 194°• Interpretation Ordinance, 19452)". DAVID BEN-GURION Prime Minister CHAIM WEIZMANN President of the State No. 39 LOAN TO "ZIM" ISRAEL NAVIGATION COMPANY LIMITED (GUARANTEE) LAW, 5710—1950** The Minister of Finance is hereby authorised to guarantee on behalf of the Authorisation ־J State of Israel, on such terms as he may prescribe and to an amount not ex to guarantee. ceeding 200,000 pounds plus interest at the rate of 4} per cent per annum, a loan to be granted by the Anglo-Palestine Bank, Limited, to ZIM, Israel Naviga tion Company, Limited. 2. The Minister of Finance is charged with the implementation of this Law. implementa tion. DAVID BEN-GURION ELIEZER KAPLAN Prime Minister Minister of Finance CHAIM WEIZMANN President of the Stale * Passed by the Knesset on the 13th Sivan, 5710 (29th May, 1950) and published in Sefer Ua-Chukkim No. 46 of the 23rd Sivan, 5710 (8th June, 1950), p. 147;'the Bill and an Explanatory Note were published in Ilatia'ot Chok No. 41 of the 27th Iyar, 5710 (14th May, 1950), p. 150. 1) P.O. No. 1005 of the 1st May, 1940, Snppl. I, p. 50 (English Edition). 2) P.O. No. 1400 of the 2nd April, 1945, Suppl, I. p. 48 (English Edition). Passed by the Knesset on the 13th Sivan, 5710 (29th May, 1950) and published in Sefer lla-Chukkim No. 46 of the 23rd Sivan, 5710 (8th June, 1950), p. 148; the Bill and an Explanatory Note were published in Batia'ot Chok No. 40 of tie 5th NiB'an, 5710 (23rd March, 1950), p. 148. 107 No. 40 TRADING WITH THE ENEMY ORDINANCE (AMENDMENT) LA.W, 5710—1950* Amendment of 1. The Tradingr with the Enemy Ordinance, 1939!), shall be amended •as folllows: Trading with' the Enemy The following secitio n shall be added after section 9D: Ordinance, 1939. "Payment of 9E. (a) Where property of a particular person is vested in a expenses and. Beourity for custodian and the custodian has, whether before the coming into expenses and , force of the Trading with the Enemy Ordinance (Amendment) fees. Law, 5710—1950, or thereafter, incurred any expenditure" whatso• ever in connection with such property or with any part thereof, the custodian may retain under his control and collect, out of the whole of such property, the amount of such expenditure, plus interest thereon at the rate of 6 per cent per annum or at such lower rate as may be prescribed by the Minister of Finance. (b) The whole of the property of a person which is vested in a custodian shall be charged with a first charge as security for the amount Df the expenditure which the custodian has incurred in connection therewith or in connection with any part thereof, and for the interest on such amount, and for any amount which is due to the custodian as a fee in connection with such property or in connection with any part thereof. This charge shall have priority over any other charge on such property, whether the other charge was created before the coming into force of the Trading with the Enemy Ordinance (Amendment) Law, 5710— 1950, or thereafter.". 2, For the prevention of doubt it is hereby declared •that it is the law, and is deemed always to have been the law, that — (a) whenever a person who was appointed custodian of enemy property under the Trading with the Enemy Ordinance, 1939, ceases to hold office, all the property and rights which were vested in him by virtue of the said Ordinance immediately before his ceasing to hold office are devested out of him; (b) whenever a person is appointed custodian of enemy property under the said Ordinance, all the property and rights which immediately before the appointment were, by virtue of that Ordinance, vested in his predecessor in office are vested in such person by the fact of the appointment. DAVID BEN-GUP.ION ELIEZEE KAPLAN Prime Minister Minister of Finance CHAIM WEIZMANN President of the State Pasued by the Knesset on the 22nd Sivan, 5710 (7th June, 1950) and published in Sefer Ha-Chukkim No. 47 of the 1st Tammuz, 5710 (16th June, 1950), p. 149-, the Bill and Explanatory Note were published in UaUa'ot Chok No. 38 of the 24th Adar, 5710 (13th March, 1950), p. 139. P.O. No. 923 of the 5th September, 1939, Suppli I, p;95 (English Edition). 108 No. 41 LAW COUNCIL (TEMPORARY PROVISION) LAW, ־'. ' . *1950—5710 Whosoever, having been admitted' as a regular law student to the. School Status of 1־ graduates of of Law and Economics in Tel-Aviv for the scholastic year 5709 (1948—1949) or School of prior thereto, has obtained, whether before or after the coming into force of this Law and Law, a leaving certificate in law at that school shall, for the purposes of the Law Economics. Council Ordinance, 1938!), and the regulations made thereunder be deemed to have obtained a legal diploma from a law school approved by the Law Council. 2. The Minister of Justice is charged with the implementation of this Law. Implementa• tion. DAVID BEN-GURION PINCHAS ROSEN Prime Minister Minister of Justice . CHÀIM WEIZMANN President of the State No. 42 COMPANY PROFITS TAX ORDINANCE (AMENDMENT) '־ **LAW, 5710—1949 2. In this Law, every term shall have the same meaning as it has in thr Interpreta Company Profits Tax Ordinance, 19472) hereinafter called "the Ordinance". tion. x 2., In calculating the chargeable income of any Company for the year of assess Suspension of ment 1950/51 for purposes of income tax, a deduction of company profits tax under deotion 8. section 8 of the Ordinance shall not be allowed. 3. (a) A war tax atw the rate of 15 per cent shall be imposed on profits, of War tax. companies, in addition to the tax at the rate of 10 per cent under Bection 5 of the Ordinance. -'- ' (b) This section shall apply to every chargeable accounting period ending at any date between the 2nd Nisan, 5709 (1st April, 1949) and the 13th Nisan, 6710 ' (31st March, 1950). . .. DAVID BEN-GURION ELIEZER KAPLAN Prime Minister : Minister of Finance CHAIM WEIZMANN President of the State * Passed by the Knesset on the 28th Sivan, 5710 (13th June, 1950) and published in Sefer Ha-Chukkim No. 48 of the 8th Tamumz, 5710 (23rd June, 1950), p. 151• the Bill and an Explanatory Note were published in Hatea'ot Chok No 47 of the 4th Taiumuz, 5710 (19th June, 1950), p. 190. 1) P.O. No. 843 of the 24th November, 1938, Suppl. I, p. 105 (English Edition). Passed ay the Knesset on the 11th Tammuz, 5710 (26th June, 1950) and published ״* in $tj«r Ha-Chvkkim No. 49.of the 19th Tammuz, 5710 (4th July, 1950), p. 153. 2) J>.G, No. 10» of the 29th March. 1947, Suppl. I, p.Vs (English Edition). 109 NÖ. 43 ;'- ': ABSORPTION TAX (AMENDMENT) LAW, 5710—1950* Amendment 1 The Absorption Tax Law, 5709—19491), shall be amended as follows: of Absorption " Tax Law, in section 2(a) and 4, the words "in the year of assessment 1949/50 ' shall ."in the years of assessment 1949/50 and 1950/51״ bg replaceij Dy tne word8 .5709-1949 DAVID. BEN-GURION ELIEZER KAPLAN Prime Minister Minister of Finance CHATM WEIZMANN ' President of the State No. 44 URBAN PROPERTY TAX (MISCELLANEOUS PROVISIONS) LAW, 5710—1950** Amendment H The Urban Property Tax (Miscellaneous Provisions) Law, 5709—19492), shall of Urban Prop erty Tax be amended as follows : (Miscellaneous Provisions) In section 1, after the words "in respect of the year beginning the 2nd Nisan, Law, ,5709 (1st April, 1949)", there Bhall be addpd the words "and in respect of the 5709-1949. ׳% -־ • ."(year beginning the 14th Nisan, 5710 (1st April, 1950 Amendment 3 of Urban 2. The Urban Property Tax Ordinance, 1940 ), shall be amended as follows : Property "In section 19A, the words "In every fifth year" shall be replaced by the Tax Ordi nance, 1940. words "In every seventh year". Commence 3. This Law Bhall have effect retroactively from the-14th Nisan, 5710 (1st ment. '.. April, 1950). .'. ' • . DAVID BEN-GURION ELIEZER KAPLAN Prime Minister Minister of Finance CHAIM WEIZMANN President of the State Passed by the Knesset the 11th Tammuz, 5710 (26th June, 1950) and published in Sefer Ba-Chukkim No. 49 of the 19th Tammuz, 5710 (4th July, 1950), p. 153. Sefer• Ha-Chukkim No. 22 of the 13th Elul, 5709 (7th September, 1949), p.198• - ׳ .LSI vol. Ill, p. 105 Passed by the Knesset on the 11th Tammuz, 5710 (26th June, 1950) and published in Sefer Ba-Chukkim No. 49 of the 19th Tammuz, 5710 (4th July, 1950), p. 154. Sefer Ba-Chukkim No. 19 of the 22nd Av, 5709 (17th August, 1949), p. 152; LSI vol. Ill, p. 68. P.G. No. 1065 of the 20th Btecember, 1940, Suppl. I, p. 275 (English Edition). 110 No. 45 INCOME TAX ORDINANCE (AMENDMENT) LAW, 5710—1950* 2. In this Law, every term shall have the same meaning as it has in the Income Interpreta• tion. Tax Ordinance, 19471), hereinafter called "the Ordinance", and this .Law shall be read as one with the Ordinance unless the context otherwise requires. 2. The following section shall be added after section 10 of the Ordinance: Addition of section 10A. a "Exemption 10A.( ) Where, in the year, preceding the year of assessment in connection with export. 1951/52, income was received or derived from the export of goods from the country, or from a business of the transactions of which the export of goods from the country forms a part, the Minister of Finance may exempt such income from the payment of the whole or a part of the tax. (b) The exemption shall be by order prescribing the rates and the conditions of the grant of the exemption, either in respect of goods generally or in respect of particular classes of goods.". 3. In calculating the chargeable income in the year of assessment 1950/51, Suspension of section 11 a deduction of company profit3 tax under section 11(1) (/') of the Ordinance shall (1) (Í). not be allowed. Amendment of 4. Section 16 of the Ordinance shall be amended as follows: section 16. (o) in subsection (1) — (1) the following paragraph shall be added after paragraph (c): — "(d) shall have made a long-term savings deposit on conditions pre- ' scribed by the Minister of Finance by regulations;"; (2) before the First Proviso, the words "there shall be allowed a deduc• tion of the annual amount of the premium paid by him for such insurance and contribution as aforesaid during the year preceding the year of assessment" shall be replaced by the words "there shall be allowed a deduction of the amounts of the premiums and contributions paid by him as specified in paragraphs (o), (b) and (c) above, and of the amount of the savings deposited by him as specified in paragraph (d) above, during the year preceding the year of assessment"; (b) the following subsection shall be added after subsection (2): "(3) Where savings have been deposited as specified in paragraph (d) of subsection (1), the person chargeable to tax may at his option demand that they shall not be deducted under subsection (1) but separately; however, a deduction under this subsection shall not exceed — (a) in the case of an individual whose total income, prior to deduc• tions under this section and sections 14 and •15, is less than 2,100 pounds — half of the amount of the savings deposited; (6) in the case of an individual whose total income as aforesaid is 2,100 pounds or over — one third of the amount of the savings de• posited ; provided that the amount of the deduction shall in no case exceed 500 pounds.". Passed by the Knesset on the 12th Tammuz, 5710 (27th June, 1950) and published in Sefer Ha-Chukkim No. 50. of the 20th Tammuz, 5710 (5th July, 1950), p. 155. l) P.G. No. 1568 of the 29th March, 1947, Suppl. I, p. 9J (English Edition). Ill Addition of 5. The following section shall be added after section 29 of the Ordinance: section 29A. "Bate of 29A.^otw''n?t8n^mS anything contained in section 29, the tax on • on income received after the 13thr\Nisan, 5710 ׳productivity rate of tax not exceed־־March, 1950) from a productivity grant shaii ׳grant. (3ist 100 prutot per pound. The assessment of the income from a productivity grant shall be made separately from the assessment of all the.other income of the recipient of the grant, as if they were incomes of two individuals, but deductions under sections 14, 15 and !6 shall be allowed in respect of the other income only." For the purpose of this' section — "productivity grant" means a grant, bonus or premium chargeable with tax. under section 5 (1) (b) and paid in ad dition to the usual salary or wage or that fixed by contract of employment, but within the limits of fifteen per centum of the amount of such salary or wage, in respect of pro ductivity exceeding the ordinary rate of productivity, but it does not include: . (a) a payment in respect of work during overtime hours or on days of rest prescribed in the State; • • (6) a payment to a member by a company, cooperative society or other cooperative body, which has been made to him in virtue of his membership. The Minister of Finance shall determine by regulations the ordinary rates of productivity for kinds of employment in which a productivity grant as aforesaid is customary.". Levying of Notwithstanding anything contained in section 23 of the Income Tax war surtax. (Amendment) Ordinance, 5708—19481), the (war surtax particulars of which are set out in section 18 of that Ordinance is leviable also in respect of the year of assessment 1950/51 DAVID BEN-GTJRION ELIEZEE KAPLAN Prime Minister Minister of'.Finance YOSEF SPEINZAK Chairman of the Knesset Acting President of the State i) I.B. No. 23 of the 18th Elul, 5708 (22nd September, 1948), Suppl. I, p. 67; LSI vol. I, p. 71. 112 No. 46 SUPREME COURT JUDGES (VALIDATION OF APPOINTMENTS) LAW, 5710—1950* A person who before the coming into force of this Law has been appointed Validation in accordance with the provisions of section 1(c) of the Courts (Transitional Pro- menS^°'nt" visions) Ordinance, 5708—19481), to be• a Judge of the Supreme Court is deemed, as from the day of his appointment, notwithstanding anything contained in any other law, to have been legally appointed to be a Judge of the Supreme Court. . DAVID BEN-GURION PINCHAS ROSEN Prime Minister Minister, of Justice YOSEF SPRINZAK Chairman of the Knesset Acting President of the State ׳ ^ No. 47 TRANSITION (TEMPORARY PROVISION) LAW, 5710—1950** From the day in the month of Tammuz, 5710, on which the President of the Exercise of functions State will, with the sanction of the Government, leave the ,territory of the State, of President and until his return to the State, the Chairman of the Knesset shall exercise the during his 2 absence from functions assigned to the President by the Transition Law, 5709—1949 ), and any the,State. other law. DAVID BEN-GURION Prime Minister * Passed by the Knesset on the 18th Tammuz, 5710 (3rd July. 1950) and published in Safer Ha-Chukkim No. 50 of the 20th Tammuz, 5710 (5th July, 1950), p. 157; the Hill and an Explanatory Note were published in Hatta'ot Chok No. 41 of the 27th Iyar, 5710 (14th May, 1950), p. 149. 1) l.R. No. 7 of the 23rd Sivan, 5708 (30th June. 1948), Suppl. I, p. 17; ¿51 vol. I, p. 23. ** Passed by the Knesset on.the 19th Tammuz, 5710 (4th July, 1950) and published in Sefer Ha-Chukkim No. 50 of the 20th Tammuz, 5710 (5th July, 1950), p. 157. 2) Sefer Ha-Chukkim No. 1 of the 18th Shevat, 5709 (17th February, 1949), p. 1; 118 No. 48 LAW OF RETURN, 5710—1950• Bight of !., Every Jew has the right to come to this country as an oleh1). aHyai). Olch's 2. (a) Aliyah shall be by oleh's visa. visa. (b) An oleh's visa shall be granted to every Jew who has expressed his desire to settle in Israel, unless the Minister of Immigration is satisfied that the applicant — (1) is engaged in an activity directed against the Jewish people; or (2) is likely to .endanger public health or the security of the State. "(Heft's 3•. (a)' A Jew who. has come to Israel and subsequent to his arrival has expressed certificate.. his desire to settle in Israel may, while still in Israel, receive an oleh'a certificate. (b) The restrictions specified in section 2(b) shall apply also to the grant of an oleh'a certificate, but a person shall not be regarded as endangering public health on account of an illness contracted after his arrival in Israel. Besidents and 4. Every Jew who has immigrated into this country before the coming into persons force of this Law, and every Jew who was born in this country, whether before born in this country. . or after the coining into force of this Law, shall be deemed to be a person who has come to this country as an 'oleh under this Law. Implementa• 5•. • The Minister of Immigration is charged with the implementation of this tion and regulations. Law and may make regulations as to any matter relating to such implementation and also as to the grant of oleh's visas and oleh's certificates to minors up to the age of 18 years. DAVID BEN-GURION MOSHE SHAPIRA Prime Minister Minister of Immigration YOSE.F SPRINZAK Acting President of the State Chairman of the Knesset * Passed by the Knesset on the 20th Tammuz, 5710 (5th July, 1950) and published in 5c/er Ha-Chukkim No. 51 of tho 21st Tammuz, 5710 (5th July. 1950), p. 159; the Bill and an Explanatory Note were published in Hatia'ot Chok No. 48 of the 12th Tammuz, 5710 (27th June, 1950), p. 189. !)Translator's Note: aliya means immigration of Jews, and oleh• (plural: oHm) means a Jew immigrating, into Israel. . -114 N No. 49 FALLEN SOLDIER'S FAMILIES (PENSIONS AND REHABILITATION) LAW, 5710—1950* PART I — GENERAL J. In this Law — • Interpreta- "military service" and "service" mean — tl0D' (a) service in the Defence Army of Israel; (b) in respect of the period between the 17th Kislev, 5708 (30th November 1947) and the 29th Kislev, 5709 (31st December, 1948) — any other service declared by the Minister of Defence, by proclamation published in Reshumot, to be military service for the purposes of this Law ; "soldier" means a person in military service; "discharged soldier" means a person who has performed military service and has been discharged from such service; "soldier fallen in battle" and "fallen soldier" mean a soldier or discharged soldier who has died as the result of injury, illness or aggravation of illness suffered during and by reason of his service; "indigent'•' means unfit to earn one's livelihood and without means sufficient for one's livelihood ; . "self-supporting" means having attained the age of eighteen years and not being indigent ; "relative", in respect of a soldier fallen in battle, means — (a) the person who was the wife of the fallen soldier on the day of his death, including a woman who lived' with him before his death and on the day of his •death was commonly known as his wife, so long as she does not marry another person (hereinafter: "widow") ; (b) a child of the fallen, soldier, including a step-child and an adopted child, who has not attained the age of eighteen years (hereinafter: "orphan") ; (c) a parent of the fallen soldier, being one of the following: (1) his indigent father who has not yet attained the age of fifty years; or (2) his father who has attained the age of fifty years and is without means sufficient for his livelihood ;or (3) his mother who is without means sufficient for her livelihood (hereinafter: "bereaved parent") ; . (d) a brother or sister of the fallen soldier, being orphaned of both parents, who has not yet attained the age of eighteen years and has no self-supporting brother or sister, and who — (1) was orphaned before the death of the fallen soldier, was supported by the fallen soldier immediately before his death and is without means suffi cient for his or her livelihood; or (2) was orphaned after the death of the fallen soldier and is without means sufficient for his or her livelihood (hereinafter: "brother") ; "person 'entitled" means a person entitled to pension under the provisions of this Law.; *) Passed by-the Khe'sjKt.on the 26th Tammuz, 5710 (11th July, 1950) and published in Sefor :Ba-Omkktm N». 52 of the 7th Av, 5710 (21st Julv, 1950), p. 162• the Bill and .air Explanatory Note Were published in HaUa'ot Chok No. 37 of the 16th ׳ .Adar,-5710 (5th Maro.h, 19S0), p. 127 115 "recipient" means a person who is in receipt of pension under the provisions of this Law. Illness during 2. Where a soldier or discharged soldier contracted an illness during the period service to be of his service and died as the result of such illness before the expiration of seven years considered as illness by from the date on which he contracted such illness, and there is reason to believe that reason of he contracted such illness by reason of his service, he shall, for the purposes of this service. Law, unless the contrary is proved, be deemed to have died by reason of his service: . Provided, however, that this provision shall apply only if an application for pension on account of his death has been submitted before the expiration of six months from the date of such death. Missing 3. (a) A soldier whom a competent military authority has certified, by certificate person. under the hand of such authority, as having been missing on a specified day by reason of his service and not having subsequently been traced shall, for the purposes of this Law, be deemed to have died on that day by reason• of his service. (b) In this section,, "competent military authority" means an officer of the Defence Army of Israel appointed by the Minister of Defence to be a competent military authority for the purpose of this section. Pensions 4. (a) The Minister of Defence shall appoint a Pensions Officer or Pensions Officers. Officers, for the purposes of this Law. (b) Notice of the appointment of a Pensions Officer and of his address shall be published in Reshumot. Appeal 5. (a) The Minister of Justice shall appoint an Appeal Committee or Appeal Committees. Committees for the purposes of this Law. (b) An Appeal Committee shall consist of 'three members. A District Court Judge or a Magistrate shall be appointed chairman of the Committee. At least one of the other members of the Committee shall be a qualified medical practitioner. (c) Notice of the appointment of an Appeal Committee and of its address shall be published in Reshumot. Auxiliary g, ' (a) A Pensions Officer and an Appeal Committee shall have, all powers of a powers. commission of enquiry appointed under the Commissions of Enquiry Ordinance1) and having all the powers which may be given to such a commission of enquiry by virtue of section 5 of the said Ordinance. • (b) Pensions Officers and Appeal Committees shall not be bound by details of procedure and rules of evidence, but shall conduct the proceedings in such manner as shall appear to them most conducive to the clarification of the questions to be determined. PAET II: BATES OP PENSIONS Pension for 7. (a) Where a fallen soldier had left no orphans or has left orphans but they widow without orphans. are not maintained by his widow, his widow shall, during the period specified in subsection (b), be paid a monthly pension equal to one half of the total of the following •sums: (1) fifteen pounds; (2) cost-of-living allowance at the rate of the current monthly cost-of-living allowance payable to a married State employee without children and having a monthly basic salary of fifteen pounds. l) Laws of Palestine vol. I, cap. 21, p. 157 (English Edition). 116 (b) A widow as aforesaid 'shall be paid a monthly pension at the rate men tioned in subsection (a) — - ' x (1) for her lifetime — if, before the date of the death of the fallen soldier, she had attained the age of forty-five years ; (2) for sis months — if, before the date of the death of the fallen soldier. . she had attained the age of thirty but was under the age of forty-five years ; (3) for three months — if, before the date of the death of the fallen soldier, she was under the age of thirty years. (c) A widow to whom paragraph (2) or paragraph (3) of subsection (b) applies and who is indigent shall be paid the monthly pension mentioned in subsection (a) so long as she. is indigent, even after the expiration of the period during which she is entitled under subsection (b). g. Where a fallen soldier has left orphans and they are maintained by his widow, Pension for widow with his widow shall be paid a monthly pension as hereafter specified: orphans. (a) if the number of orphans does not exceed four — three quarters of the total of the following sums: • (1) fifteen pounds; (2) two pounds for each orphan maintained by her ; (3) cost-of-living allowance at the rate of the current monthly cost-of-living allowance payable to a married State employee with children of a number equal to that of the orphans maintained by her, and with a monthly basic salary equal to the total of the sum mentioned in paragraphs (1) and (2); (b) if the number of orphans exceeds four — at the rate mentioned in par agraph (a), with an addition of two pounds for every orphan in excess of four. 9•. (a) In respect of an orphan, of a fallen soldier not covered by the provisions Pensions for of section 8, •11 and 13, and in respect of a brother of a fallen soldier, there shall be orphans and brothers. paid to the person having the care of such orphan or brother a monthly pension equal to one half of the total of the following sums: (1) twelve pounds ; (2) cost-of-living allowance at the rate of the current monthly cost-of-living allowance payable to a State employee having a basic monthly salary of twelve pounds and without any relatives in respect of whom an additional cost-of-living allowance is payable. (b) If such orphan or brother is in the care of an educational institution, a Pensions Officer may direct that such institution shall be paid in his respect, instead of the pension mentioned in subsection (a), a pension equal to the cost of his main tenance in the institution, provided that the same shall not exceed the pension payable to a widow under section 7 (a). 1Q_ (a) Bereaved parents having no self-supporting children shall each be paid Pensions for bereaved a monthly pension equal to on© third of the total of the following sums: parents. ׳ ־ ; seventeen pounds (1) (2) cost-of-living allowance at the rate of the current monthly cost-of-living allowance payable to a married State employee with one child and having., a monthly basic salary of seventeen pounds. (b) Bereaved parents having only one self-supporting child shall each be paid a monthly pension equal to one half of the monthly pension payable to a bereaved parent under subsection (a;. (c) Bereaved parents having only two self-supporting children shall, each be 117 paid a monthly ^pension equal to one quarter of the monthly pension payable to a . ~ ־" .(bereaved parent under subsection (a (d) A bereaved parent whose husband or wife, as the case may be, is dead and who has no self-supporting children shall be paid a monthly pension equal to the monthly pension payable to a widow under section 7 (a). (e) A,bereaved parent whose husband or wife, as the case may be, is dead and who has only one self-supporting child shall be paid a monthly pension equal to one half of the monthly pension payable to a bereaved parent under subsection (d). . ' (f) A bereaved parent whose husband or wife, as the case may be, is dead and who has only two self-Bupporting children shall be paid a' monthly pension equal to one quarter of the monthly pension payable to a bereaved parent under subsection (d). a) Bereaved parents entitled to pension who are living together and who) ־Pensions to H bereaved pa are maintaining the orphans of the fallen soldier shall together be paid, instead rents suppoi t- ing orphans. of the pension to which they are entitled under section 10, the monthly pension payable under section 8. to the widow of a fallen soldier who has left orphans main tained by her of a number equal to that of the orphans maintained by the bereaved parents, plus one. ' (b) Where bereaved parents entitled to pension are not living together, and the orphans of the fallen soldier are maintained by one of them, or some of them are maintained by one of them and some of them by the other, they shall each be paid, instead of the pension to which he or she is entitled under section 10, a monthly pension to be determined by the Pensions Officer, provided that the total of the monthly pension payable to both of them shall be equal to the monthly pension to which they would be entitled under subsection (a) if they were living together. (c) A bereaved parent, entitled to pension who maintains the orphans of the fallen soldier and whose husband or wife, as the case may be, is dead shall be paid, instead of the pension to which.she or he is entitled under section 10, a monthly pension equal to the monthly pension/payable under section 8 to the widow of a fallen soldier who has left orphans maintained by her of a number equal to that of the orphans main tained by the bereaved parent. 12: Where a fallen soldier has left a grandfather or grandmother whom he sup ported immediately before his death, a Pensions Officer may direct that each of Pensions for them shall be paid a pension not exceeding four pounds a month. orphans where the widow 13. Where the widow of a fallen soldier remarries, and the orphans of the fallen grandparents. soldier are maintained by her, she shall be paid in respect of such orphans, as from Pension to, the date of her re-marriage, a monthly pension equal to the difference between the remarries. monthly pension to which Bhe would be entitled had she not remarried and the monthly pension payable to a widow under section 7(a). PART THREE — OTHER GRANTS Special 14. Where the widow of a fallen soldier was pregnant on the date of his death, maternity grant. s'he shall be paid, after the expiration• of the sixth month of her pregnancy, a special grant of the sum of thirty pounds; such sum shall be paid to her, as far as possible, in two instalments, one during her pregnancy and the other about the time of her delivery. , , 1 Insurance 15, (a) Every relative of a fallen soldier who receives a pension, or for whose against illness. benefit a pension is paid, shall be insured against illness; • . 118 (b) Where such relative is insured against illness' on conditions approved by a Pensions Officer,' the Treasury shall contribute to the cost of insurance such sum as shall be prescribed by regulations. (c) A relative who is not insured• as hereinbefore provided shall be insured, against illness by a Pensions Officer, and! the Pensions Officer may deduct from the monthly pension payable to, or for the benefit of,, the insured the difference between the total cost of the insurance and the sum prescribed by regulations as the contribution of the Treasury to the cost of the insurance. PART POUR — LIMITATIONS UPON THE RIGHT TO PENSION 16. A pension shall not be paid to^a relative of a fallen soldier whose death was Grave misconduct. caused by his own grave misconduct; provided that a Pensions Officer may, if such relative is indigent, pay him such pension as the Pensions Officer thinks fit, but not exceeding the pension to which the relative would be entitled but for • the provisions of this section. :17. Where a recipient has failed to maintain relatives of the fallen soldier Withdrawal of pension. whom he is liable to maintain or who are in his care, a Pensions Officer may withdraw the pension, or part thereof, and apply it for the benefit of such relatives or direct the same to be done by a person appointed by such Pensions Officer. ,!g_ A recipient serving a sentence of imprisonment shall not be paid any pen• Recipient of pension serv• sion during his imprisonment; but a Pensions Officer may direct that the pension ing prison payable to him, or part thereof, shall be paid to the person whom the recipient sentence. is liable to maintain or who is in his care. Where a competent, military authority has made certification under Bection, 3 Discontlnnanci 19. ol pensions to in respect of any soldier, and a Pensions Officer is satisfied, by evidence in his the relatives possession, that such soldier is alive, the pensions payable to his relatives shall be of a missing soldier. discontinued from such date as the Pensions Officer shall determine. No relative 20. A relative of a fallen soldier who is in receipt of a pension under this Law entitled to shall not be entitled to an additional pension by reason of his being a relative of an• more than one pension. other fallen soldier. 21. (a) Where by reason of the death of a fallen soldier a pension is payable Monthly pension and under this Law to, or for the benefit of, a relative of such fallen soldier, and such compensation relative is entitled to compensation under another law by reason of the death of the under another law. same fallen soldier, the following provisions shall apply: (1) legal proceedings may be taken for the purpose of proving entitlement to pension under his Law and compensation under the other law, but pay• ment Bhall not be made both of pension under this Law and of compensation Under the other law ; (2) where a pension has been paid under this Law to, or for the benefit of, a relative, the State is entitled to be indemnified in respect of such pension by the person liable to pay compensation to such relative under the other law, to the extent of the amount of the compensation. (b) "Compensation under another, law", in this section, means compensation for a civil wrong or compensation under the Workmen's Compensation Ordinance, 1947!), or diyet. 22. Where the monthly income of a recipient, other than a recipient under Reduction. section 8, has, in any particular accounting period, exceeded an average of 60% i) P.O. No. 1604 of the 16th August 1947, Suppl. I, p. 186 (English Edition). 119 . of the standard amount, but has not exceeded 80% of such amount, his pension shall be reduced in each mohth'of the accounting period next following such first-mentioned period by a sum equal to 25% of his said monthly income. (b) Where the monthly income of a recipient, other than a recipient under section 8, has, in any particular accounting period, exceeded an average of 80% of the standard amount, his pension shall be reduced in each month of the ac first:mentioned period by a sum'equal'to 25% ־counting period next following Buch of his said monthly income and by a further sum equal to 1% of his said monthly income for each 4% by which his. said monthly income exceeded 80% of the standard amount. (c) Where the monthly income of a recipient under section 8 has, in any particular accounting period, exceeded an average of 80% of the standard amount, but has not exceeded such amount, his pension shall be reduced in each month of the accounting period next following such first-mentioned period by a sum equal to 25% of his said monthly income. (d) Where the monthly income of a recipient under section 8 has, in any particular accounting period, exceeded, on an average, the standard amount, his pension shall be reduced in each month of the accounting period next following such first-mentioned period by a sum equal to 25% of his said monthly income and by a further Bum equal to 1% of his said monthly income for each 4% by which his said monthly income exceeded the standard amount. (e) Notwithstanding the provisions of subsections (a), (b), (c) and (d), a • recipient's pension shall not be reduced otherwise — (1) than at a rate not exceeding 75% of the pension to which he would be entitled but for the provisions of this •section, or — (2) than to such extent that the aggregate of the pension, after reduction, and his said monthly income is equal to the pension to which he would be entitled but for the provisions of this section, with the addition of — 1. 80% of the standard amount if he is a recipient under section 8, or 2. 60% of the standard amount if he is a ,recipient under another section, whichever reduction is the smaller. (f) In this section — "income" means income from any source other than pension under this Law; "accounting period" means a period of six months from the 1st of April to the 30th of September or from the 1st of October to the 31st of March; "standard amount" means the total of the following sums: (1) twelve pounds; (2) cost-of-living allowance at the rate of the current monthly cost-of-living allowance payable to a State employee whose basic monthly salary is twelve pounds and who has no relatives in respect of whom additional cost-of-living allowance iB payable. PART FIVE RULES AS TO CLAIMS Applications. 23. (*) person who claims a pension or a special grant under'this Law shall submit an application to a Pensions Officer. (b) The Pensions Officer shall deal with, and determine, every application with all possible despatch, and shall immediately notify his decision to the claimant by registered post ; and if he decides that the claimant is not entitled to a pension or a grant, he shall state the reasons for his decision in the notification. 120 24. A Pensions Officer who has not determined an application within 30 days of its Loan to claimant submission may direct each month, until he determines the application, that the pending claimant be granted by the Treasury a loan of a sum not exceeding the pension decisiou. claimed in the application. 25. (a) A claimant aggrieved by any decision of a Pensions Officer may appeal Appeal. against it to an Appeal Committee within 30 days of the date of receipt of the noti fication of the Pensions Officer's decision. (b) The appeal shall be submitted td the Appeal Committee in writing, in du to the Pensions Officer whose decision is־plicate. The Committee shall send one copy appealed against. (c) The Appeal Committee may affirm the decision of the Pensions Officer or vary it. (d) A claimant who has. submitted an appeal to an Appeal Committee may appear before it, personally or by his representative, or personally together with his representative, and submit his arguments. (e) A person who appears before an Appeal Committee as the representative of a claimant shall not be entitled to a fee except with the approval of the Appeal Committee, given at his request, and at such rate as the Committee shall determine. (f) The Appeal Committee shall state the reasons for its decision. (g) The chairman of the Appeal Committee shall send a copy of the Committee's decision, by registered post, to the claimant and to the Pensions Officer. (h) The decision of the Appeal Committee shall be final. 26. (a) The right to submit an application as provided in section 23 shall be Limitation of time as re• barred by effluxion of time — gards claims. (1) upon the expiration of five years from the date of the death of the fallen soldier, in the case of a claim for pension under section 7(c) by a fallen soldier's widow who, before his death, had attained the age of forty years; (2) upon the expiration of two years from the determining date, in the case of a claim for pension under section 7(c) by a fallen soldier's widow who, before his death, had attained the age of thirty years,, but had not attained the age of forty years ; (3) upon the expiration of one year from the determining date, in the case of a claim for pension under section 7(c) by a fallen soldier's widow who, before his death, had not attained the age of thirty years; (4) upon the expiration of one year from the date of the death of thé fallen Boldier, in the case of a claim for pension under section 7(a) and (b) by a widow to whom the provisions of paragraph (2) or (3) of section 7(b) apply ; (5) upon the expiration of six months from the time of delivery, in the ca!;e of a claim for a special grant under section 14. (b) "The determining date", in this section, means — (1) in the case of the widow of a fallen soldier who died after the coming into force of this Law, the date of the death of the fallen soldier ; (2) in the case of the widow of a fallen soldier who died before the coming into force of this Law, the date of the coming into force of this Law. PART SIX —RULES AS TO PAYMENT 27. Pensions and special grants under this Law shall be paid from Treasury funds; Payment from Treasury funds. a 28. ( ) A person entitled who submits an application for pension within one year ^8 from when pension shall be !21 J>aid• of his becoming entitled Bhall be paid pension as from.the date of his becoming entitled: (b) A person entitled who submits an application for pension after the expi• ration of one year of his becoming entitled Bhall be paid pension as from the date of submission of the expiration. (c) A person shall not be paid pension in respect of any period prior to the coming into force of this Law, unless he is a person, en titled who has received from the State, by reason of the death pf a fallen soldier, monthly payments for his own maintenance or for that of relatives of the fallen soldier, before the coming into force of this Law ; a person so entitled who *submits an application for pension within one year of the coming into force of this Law shall be paid pension as from thé beginning of the period in respect of which he received the aforementioned payments. (d) A Pensions Officer may set off the payments mentioned in subsection (c) against the pension payable to a person entitled in respect of a period before the coming into force of this Law. One-time^^ 29. A widow to whom the provisions of paragraph (2) or (3) of section 7(b) apply of^)"nsion?a shall, at her request, be paid the aggregate pension to which she is entitled in the form of a one-time grant. Rehabilitation 30. (a) A Pensions Officer may make an agreement with a person entitled, other pension °f t'ian a Person entitled to whom section 9, 13 or 29 applies, that instead of his personal share in the pension payable to him after the making of the agreement he shall receive a one-time payment or other means of rehabilitation. (b) A Pensions Officer shall-not enter into an agreement as above specified unless the following conditions are fulfilled : (1) the one-time payment or other means of rehabilitation is or are, in the opinion of the Pensions Officer, likely to provide or ensure a permanent source of income for the maintenance of the person entitled and of the relatives of the fallen soldier for whose maintenance he is liable or who are in his care ; (2) the one-time payment does not exceed a sum equal to sixty times the personal share of the person entitled in the pension. (c) Where a person entitled to whom the provisions of section 9 or 13 do not apply has received, by agreement made before the coming into force of this Law, instead of the pension to which he would be entitled as a relative of a fallen soldier, a one-time payment or other means of rehabilitation from, or at the expense of, the State, and such sum or means fulfils or fulfil the condition mentioned in subsection (b)(1), then such agreement shall be regarded as an agreement made by a Pensions Officer with a person entitled under subsection (a), even though it may not fulfil the condition mentioned in subsection (b)(2). (d) Where a person entitled enters into an agreement as above specified after the coming into force of this Law, 'thé payment of his personal share in the pension shall not be discontinued until the expiration of six months from the date of the agreement. (e) Where a person entitled by whom the orphans of a fallen soldier are main• tained enters into an agreement as specified in subsection (a) or (c), he shall be paid, for the benefit of the orphans, a monthly pension equal to the difference between the monthly pension to which he would be entitled but for the agreement and his personal share in such pension. (f) For the purposes of this section, "the personal share of a person entitled in the pension" means — (1) in, the case of a widow by whom the orphans, of a fallen, soldier are 122 maintained, a sum equal to the pension payable to a widow under section ׳־'• ;(a)7 (2) in the case of •a bereaved parent by whom the orphans of a fallen soldier are maintained, a sum equal to the pension which would• be pay: able to Btich bereaved parent if such orphans were not maintained by him ; (3) in the case of any other person entitled, the monthly pension payable to him. 31. (a) A right to pension may not be transferred, pledged, charged or attached Miscellaneous in any manner whatsoever, except as provided in this Law. provisions regarding (b) A pension shall be paid monthly at the end of the month; provided that pensions. a pension payable to a person entitled in respect of a period prior to the decision of a Pensions Officer under section 23 or prior to the decision of an Appeal Committee under section 25 shall be paid at the end of the month in which the decision is given, after deducting the amount of any loan given •to such person entitled under section 24. (c) Where a person entitled has, after the coming into force of this Law, been paid as pension sums exceeding the pension payable to him, a Pensions Officer may suspend payment of any pension payable to him until the amount suspended equals the amounts so paid to him; provided, that there shall not be suspended in any month an amount exceeding one third of the pension payable to him in that month. 32. (a) Where a recipient, whether before or. after the commencement of this Repayment Law, has been granted a rehabilitation loan by the Treasury or on a State guarantee of rehabili tation loans. or from a fund whose losses are guaranteed by the State, a Pensions Officer may direct that there shall be deducted from his monthly pension a part not exceed ing one third thereof until the loan is repaid'in full. (b) "Rehabilitation loan", in this section, means a loan in respect of which a Pensions Officer is satisfied that it has been granted for purposes of .rehabilitation. PART SEVEN — REHABILITATION REGULATIONS 33. (a) The Minister of Defence may make regulations as to the following Rehabilitation matters : regulations. (1) the making of monetary payment and the grant of loans to persons entitled, for the purpose of providing or ensuring sources of income, and the method of repayment of such loans; (2) the provision of business premises for persons entitled ; (3) the grant of loans to persons entitled for housing purposes, and the method of repayment of such loans ; (4) ,. the procedure in connection with any matter dealt with by such regu lations;• (5) the appointment of Rehabilitation Officers and other authorities for the implementation of such regulations, and the determination of• their powers, spheres of activity and working procedure. (b) The Minister of Defence may, with the approval of the Minister of Labour and Social Insurance, make regulations as to the following matters: (1) the imposition on employers, or particular classes of employers, of the duty to employ persons entitled in such work or occupations, and in accordance with such quota or in such number as shall be prescribed by regulations; .. (2) the constitution of competent authorities for dealing with matters relating to the employment of persons entitled, and the determination of their powers and working procedure. 123 (c) The Minister of Defence may/with )the approval of the ;Minister of Labour and Social Insurance and after consultation with, the Central Board of General Labour Exchanges, make. regulations as to arrangements for the employ ment of persons entitled. Miscellaneous 34. (a) Minister charged with the implementation of any law may, after facilities. consultation with the Ministers of Defence and Labour and Social Insurance — (1) make regulations for the purpose of exempting persons entitled or any category of such persons, completely or partially, from the requirements of such law or from obligations, conditions or restrictions imposed thereunder; (2) make regulations giving persons entitled, or any category of such persons, priority in receiving licenses to engage in any profession, industry, trade or business; (3) make regulations giving relatives of a fallen soldier, or any category of such relatives, priority in enjoying the services of tuitional or educational institutions and in obtaining scholarships or reductions of tuition fess. b) Regulations made by a Minister under this section shall prevail over any) ־ other law. " . (c) In this section — , "Minister','includes the Prime Minister;. "Minister charged with the implementation of any law" means — (1) in the case ofany Ordinance or regulations in force on the 5th Iyar, 5708 (14th May, 1948), the Minister vested with the powers formerly vested in the High Commissioner or the High Commissioner in Council under such Ordinance or regulations; (2) in the case of any other law, ,the Minister expressly charged in such law with its implementation. : , Special 35. In this Part — definitions^ (a) the expression "relative" includes a brother or sister of a fallen soldier, orphaned of both parents, who is maintained by a self-supporting brother or -.. sister and who, but for. such self-supporting brother or sister, would be entitled to pension; (6) the. expression "person entitled" includes-a self-supporting brother or sister by. whom a person as mentioned in paragraph (a) is maintained. PART EIGHT — MISCELLANEOUS PROVISIONS Offences. . 36. (a) Any person who wilfully makes a false statement to a Pensions Officer or Appeal Committee as to a matter relating to his rights under this Law Bhall be liable to imprisonment for a term not exceeding six months or to a fine not exceed ing one hundred and fifty pounds or to both such penalties: ' (b) A person who obtains a pension for himself or some other person by fraud shall be liable to imprisonment for a term not exceeding two years. (c) This section shall not affect the criminal liability of any person under any other law.' ^ Implementa 37. The Minister of Defence is charged with the implementation of this Law tion and regulations. and may make regulations as to any matter relating to its implementation. DAVID BEN-GURION DAVID BEN-GURION Prime Minister A/ïntster of Defence . .׳ '• YOSEP SPRINZAK Chairman of the Knesset Acting President of the State 124 No. 50 MUNICIPAL CORPORATIONS (MISCELLANEOUS PROVISIONS) LAW, 5710—1950* The Municipal Corporations Ordinance (Amendment) Law, 5710—1950!), Amendment of 1־ shall be amended as follows: Municipal Corporations (1) In section 3 — Ordinance (Amendment) (i) in the third line of subsection (a), after the words "in connection Law, 5710-1950. therewith", there shall be added the words "the removal of soldiers registered therein from registers of voters prepared, published or signed under the Ordinance,"; (ii) in the first line of subsection (c), after the words "who has served", there shall be added the words "in regular service — whether under the Defence Service .Law, 5709—19492), 0r in any other manner —"; (2) in section 5, in the first line, the words "in the year 5710" shall be replaced by the words "until the end of Tevet, 5711". 2. This Law shall have effect retroactively as from the 8th Shevat, 5710 (26th Commence January, 1950). ment. DAVID BEN-GURION MOSHE SHAP1RA Prime Minister Minister of the Interior ' YOSEF SPRINZAK Chairman of the Knesset Acting President of the State No. 51 SOLDIERS FALLEN IN THE WA R OF LIBERATION (REGISTRATION OF DECEASE) LAW, 5710—1950** 1. In• this Law— Interpreta tion. "military service" means — (a) service in the Defence Army of Israel; (b) in respect of the period from the 17th Kislev, 5708 (30th November, 1947) to the 29th Kislev (31st December, 1948) — any service which the Minister of Defence, by declaration in Reshumol, has declared to be military service for the purpose of this Law; "soldier" means a person in military service; "the Ordinance" means the Public Health Ordinance, 19403); • *) Passed by the Knesset on the 26th Tammuz, 5710 (11th July, 1950) and published in Sefer lla-Chukkim No. 52 of the 7th Av, 5710 (21st July, 1950), p. 173. !•) Sefer• HarChukkim No. 31 of the 8th Shevat, 5710 (26th January, 1950) p. 41; supra, p. 29. 2) Sefer Ha-Chukkim. No. 25 of the 21st Elul, 5709 (15th September, 1949), p. 271; LSI vol. Ill, p. 112. ** Passed by the Knesset on the 27th Tammuz, 5710 (12th July, 1950) and published in Sefer llw-Chukkim No. 52 of ,the 7th Av, 5710 (21st July, 1950). p. 173; the Bill and an Explanatory Note were published in Hatia'ot Chok No. 27 of the 23rd Kislev, 5710 (14th December, 1949), p. 35. -a) P.O. No". 1065 of the 20th December, 1940, Suppl. I, p. 239 (English-Edition),.. 125• II "register of deaths" means a register of births and deaths kept under section . . ־ ,;of the Ordinance 6 "registrar" means a registrar of birthB and deaths within the meaning of section 6 of the Ordinance. Compétent 2 (a) The Minister of Defence may appoint competent officers for the purposes officers. of this Law. (b) Every appointment of a competent officer shall be published in Reshumot. Confirmation 3. (a) Where a competent officer is in possession of sufficient evidence that of death of Boldier. a, soldier has died, before the coming into force of this Law, in the line of duty, he may give, in respect of that soldier, a written confirmation under his hand, hereinafter referred to as a "confirmation of the death of a soldier".• (b) A confirmation of the death of a soldier shall contain the following partic• ulars in relation to the deceased: (1) name; (2) name of parents; '. (3) age; (4) sex; (5) nationality or citizenship ; ' (6) last address prior to death; (7) date or presumed date of death; (8) place or presumed place of death; (9) place of burial; (10) operation or assignment during which death occurred ; (11) declaration that the deceased was a soldier; (12) declaration that the deceased died in the line of duty. Registration 4. (a) Where a confirmation of the death of a soldier has been given, the death in register •shall be registered in the register of deaths by the registrar of the district or sub- of deaths. district in which, according to the statement in the confirmation, the place of death or presumed place of death is situated: if the place of death or presumed place of death is not, according to the statement in the confirmation, situated in a particular district or subdistrict, the death shall be registered by the registrar of the Jerusa lem District. (b) The provisions of section 5(6) of the Ordinance shall not apply to the registration of a death on the strength of a confirmation of the death of a soldier. Effect of 5. (a) A registration in a register• made on the strength of a confirmation of registration. the death of a soldier shall in all respects have the effect, of the registration• of a death made under the Ordinance. (b) A certificate given by a registrar pursuant to a registration made on the strength of a confirmation of the death of a soldier shall in all respects have the effect of a certificate given by a registrar pursuant to the registration of a death under the Ordinance. Relief. 6. Where the death of a soldier has been registered in the register of deaths on the strength of a confirmation of the death of a soldier, every person who is or was bound under the Ordinance to notify the death of the soldier or to give infor mation concerning or a certificate in connection with such death is relieved of his duty. .. • 12iJ 7 • (a) The Minister of :Defence is charged with the implementation of this Law. Implementa- v tion and ׳ r"• • .(b) The Minister of Defence may, in consultation with the Minister of Health, regulations, make regulations as to any matter relating to the implementation of this Law. DAVID BEN-GUBION DAVID BEN-GTJEION Prime Minister Minister of Defence YOSEE SPEINZAK Chairman of the Knesset Acting President of the State No. 52 RED SHIELD OF DAVID LAW, 5710—1950 * \ t In this Law — Interpre tation "the Geneva Conventions" means the international conventions for improving the lot of sick and. wounded in the land forces, and the other international conventions intended to ease the suffering caused to man by war operations, signed at Geneva in the years 1864, 1906, 1929 and 1949, to the extent that they bind Israel. "functions of a national society" means functions assigned by the Geneva Conventions to national societies of the Bed Cross or other volunteer aid societies legally recognised and authorised by their Governments; "the existing organisation" means the National Organisation of Bed Shield . of David (Magen David Adorn) First Aid Societies in Eretz-Israel. a •2. ( ) There is hereby established a society under the name of "Bed Shield The Bed Shield of David in Israel" (hereinafter,: "the Society"). of David in Israel Sooiety. (b) The Society, and only the Society, shall carry out in Israel the functions of a national society. ! (c) The Society is a corporate body and may enter into contracts, possess and acquire property and be a party in any legal or other preceeding. (d) The ^Society shall be subject to the supervision of the State Comptroller as provided in paragraph (e) of section 7 of the State Comptroller Law, 5709—19491). 3. The objects of the Society are: Objects of the Society. a national society, to be for this purpose an ׳a) to carry out the functions of) auxiliary service of the Medical Service of the Defence Army, of Israel in time of war and to prepare for this in time of peace; (b) ^to maintain for the benefit of the inhabitants generally first-aid services and services for provisional hospitalisation in times of stress; (c) to maintain for the benefit of the inhabitants generally a storage service of blood, plasma and their by-products ; * Passed by the Knesset on the 27th Tammuz, 5710 (12th July, 1950> and published - in Sefer Ila-Chukkim No. 52 of the 7th Av, 5710 (21st July, 1950), p. 173: the Bill and an Explanatory Note were published in Hatia'ot Chok No. 32 of the 1st Shevat, 5710 (19th.January 1950), p. 86. i) Sefer Ha-Chukkim No. 8 of the 25th Iyar, 5709 (24th May, 1949), p. 33; LSI . vol. Ill, p. 23. 127 (d) to carry out any additional function determined by the Statute of the Society. Organs of 4. (a) The Society shall be headed by the President of the Society, appoined by the the Society. President of the State for a period of three years. A notice of his appointment shall be published in Rcshumot. (b) The other organs of the Society are: the National Conference, the Council and the Executive Committee of the Society. (c) The management of the affairs of the Society is entrusted to the Council of the Society, except for matters entrusted by the Statute of the Society to its President or National Conference. (b) The other organs of the Society are:' the National Conference, the Council Executive Committee, which Bhall carry out the decisions of the Council of the Society. Statute of 5. (a) The Council of the Society shall enact the Statute of the Society (here• the Society. inafter: "the Statute") and may from time to time make variations and amendments in it. (b) The Statute shall determiné — (1) the powers of the President of the Society and rules for his replace• ment when he is temporarily unable to exercise his functions; (2) the procedure for the election of the delegates to the National Con• ference, the times for convening it, and its powers;. (3) the composition, mode of constitution, term of office and' times of sessions of the Council of the Society, provided that a majority of the members of the Council shall be elected by the National Conference; (4) the composition, mode of election, term of office and powers of the Executive Committee; (5) the conditions of membership in the Society, the rights and duties of the different • categories of members, the procedure for the admission of membersand the modes of discontinuance of membership ; (6) rules as to the establishment, mode of management and competence of the branches of t.he-Society. (c) In addition to the matters mentioned in subsection (6), the Statute may determine any other matter regulating the activity of the Society. (d) The Statute and any variation or amendment in it require the approval of the Minister of Health and publication in Rcshumot; they Bhall come into force on the day of their publication unless it is provided in them that they shall take effect as from an earlier or from a later date than the day of publication. Emblem of the Society. 6v The emblem of the Society is a red Shield of David on a white ground. Use of emblems. 7. (a) No person shall make any use of the emblem of the Society or an emblem so similar, to it as to be misleading or an emblem containing the words "Magen David Adorn", whether for the purpose of a business or trade or for any other purpose, except by permission of the Society. (b) No person shall make any use of any emblem recognised by the Geneva Conventions a3 a distinctive emblem of the medical services of the armed forces, unless he is authorised by these Conventions or by permission of the Minister of Health to use it. (c) A person contravening the provisions of this section is liable to imprisou- 128 ment for a period not exceeding two months or to a fine not exceeding fifty pounds or to both such penalties. 8. (a) Pending the establishment of the organs of the Society under the Statute, provisions*8,1 there shall be constituted a Provisional Council, which shall have all the powers assigned to the Council of thé Society by this Law. (b) The members of the Provisional Council shall be the President of the Society and twenty-five members, of whom nine shall be appointed by the Gov• ernment and the remainder by the existing organisation. The President of the Society shall be the chairman of the Provisional Council. (c) The Provisional Council shall itself determine its rules of procedure. (d) The Provisional Council shall hold office until the constitution of the Council of the Society under the Statute, but not longer than for one year from the day on which this Law comes into force. (e) On the day on which the Statute comes into force, all the rights and obligations of the bodies specified in the Schedule to this Law shall pass to the Society, and those bodies shall cease to exist. (f) In this section — "rights" of a particular body means any movable or immovable property owned or possessed by that body, any contigent or immediate right and any interest it has in any property, any debts owed to it and any obliga• tions incurred towards it; "obligations" of a particular body means the debts owed and obligations legally incurred by it. 9^ The Geneva Conventions, 1906 and 1929 (Mandated Territories) Order in Repeal. Council, 19371), is repealed. 10. The Minister of Health is charged with the implementation of this Law. tion1*"1611**' SCHEDULE (section 8) . 1. The existing organisation ; 2. Eed Shield of David, Binyamina Branch, Binyamina; 3. Eed Shield of David First Aid Society, Bat Yam ; 4. Eed Shield of David, Upper Galilee Bloc Branch, Kefar Gil'adi; 5. Bed Shield of David, Gedera Branch, Gedera; 6. National Organisation of Bed Shield of David First-Aid Societies in Eretz Israel, Bamat Gan, Borokhov, Benei Beraq andEnvirons Branch, Eamat Gan; 7. Eed Shield of David, Herzliya Branch, Herzliya; 8. Bed Shield of David, Zikhron Ya'aqov Branch, Zikhron Ya'aqov; 9. Bed Shield of David, Hadera Branch, Hadera; 10. National Organisation of Bed Shield of David First Aid Societies m Eretz Israel, Holon Branch, Holon. 11. Bed Shield of David First-Aid Society, Haifa Branch, Haifa; 12. National Organisation of Bed Shield of David First-Aid Societies in Eretz Israel, Tiberias Branch, Tiberias; 13. Eed Shield of David First Aid Society, Jerusalem; 14. Eed Shield of David, Southern Sharon Branch, Kefar Sava; i) P.O. - No. 774 of the 14th April, 1938, Suppl. II, p. 447 (English Edition). 129 15. Red Shield of David Society, Nahariya;. 16. Red Shield of David Society, Negev Branch, Nir Am; 17. Red Shield of David First Aid Society, Nes Ziona Branch, Nes Ziona; 18. Red Shield of David, Natanya Branch; 19. Red Shield of David Society in the Jezreel Plain, Afula; 20. Red Shield of David, Jordan Valley Branch, "Afiqim; 21. Red Shield of David, Pardes Hanna Branch, Pardes Hanna; 22. Red Shield of David First Aid Society, Petah Tiqva Branch, Petah Tiqva; .23. Red Shield of David Society, Safad Branch, Safad; 24. Red Shield of David First Aid Society, •Rishon le-Zion Branch, Rishon le-Zion; 25. Red Shield of David, Rosh Pinna Branch, Rosh Pinna; 26. Red Shield of David First Aid Society, Rehovot Branch, Rehovot; 27. Tel Aviv Red Shield of David First Aid Society, Tel Aviv; .Red Shield of David, Tel Mond Branch, Tel Mond .־ 28 DAVID BEN-GURION MOSHE SHAPIRA Prime Af»'w'*fer Minister of Health YOSEF SPRINZAK Chairman of the Knesset Acting President of the State No. 53 INVALIDS (PENSIONS AND REHABILITATION) (AMENDMENT) LAW, 5710—1950* Amendment of J, The Invalids (Pensions and Rehabilitation) Law, 5709—19491), shall be Invalids (Pensions and amended as follows: Rehabilita tion) Law, In section 1 — 5709-1949. (o) the definition of "military service" and "service" shall be replaced by the following definition: ""military service" and "service" mean — (a) service in the Defence Army of Israel; (b) in respect of the period from' the 17th Kislev, 5708 (38th No vember, 1947) to the 29th Kislev, 5709 (31st December, 1948) — any other service which the Minister of Defence, by declaration published in Reshumot, has declared to be military service for the purpose of this Law;"; (b) the definition of "invalidity" Bhall be replaced by the following de finition : ""invalidity" meanB the loss of the faculty to perform an ordinary action, whether physical or mental, or the diminution of such a faculty, * Passed by the Knesset on the 3rd Av. 5710 (17th July. 1950) and published in Sefer Ha-Chukkim No. 53 of the 12th Av, 5710 (26th July, 1950), p. 180; the Bill and an Explanatory Note were published in BaUa'ot Chok No. 39 of the 25th Adar, 5710 (14th March, 1950), p.141. l) Se/er Ha-Chukkim No. 25 of the 21st Elul, 5709 (15th September 1949), p. 278. 130 with which a discharged soldier is affected as a result of. one of the following occurring in the period of his service in consequence of his service: (1) illness; (2) aggravation of illness; (3) injury;"; (c) the definition of "invalid" shall be replaced by the following de• finition : ""invalid" means a discharged soldier affected with invalidity;". DAVID BEN-GURION DAVID BEN-GURION Prime Minister Minister of Defence YOSEF SPRLNZAK Chairman of the Knesset Acting President.of the State No. 54 BUDGET (1950/51) LAW, 5710—1950• 1. (a) The Government is authorised to expend, in the financial year beginning Ordinary Budget the 14th Nisan, 5710 (1st April, 1950) and ending the 23rd Adar Bet, 5711 (31st for the year March, 1951) (hereinafter: "the financial year 1950/51"), an amount of 59,465,000 1950/51. pounds (hereinafter: "the Ordinary Budget"). (b) The amount which the Government is authorised to expend under sub• section (a) includes the amounts of expenditure fixed in the Budget (April-June 1950) Law, 5710—1950!). 2. The estimated revenue of the State to cover the Ordinary Budget in the fi• Estimated revenue for nancial year 1950/51 is as set out in the First Schedule to this Law. the Ordinary Budget. 3. (a) The breakdown of the amount cf the Ordinary Budget into heads, sub• Details of heads and items of expenditure shall be as set out in the Second Schedule to this Ordinary Budget. Law. (b) The amount fixed for each head of expenditure in the Second Schedule to this Law includes the amounts of expenditure fixed for the same head of expenditure in the Budget (April-June 1950) Law, 5710—1950. 4. (a) Besides the amounts which it is authorised to expend under section 1. H60!1^'{'7 the Government is authorised to expend in the financial year 1950/51, for security purposes, the amounts which shall be fixed by the Finance Committtee of the Knesset upon the proposal of the Government (hereinafter: "the Security Budget"). The amounts which shall be fixed for the Security Budget as aforesaid shall include the amounts of expenditure fixed for the Security Budget under the Budget (April-June 1950) Law, 5710—1950. * Passed by the Knesset on the 14th Tammuz, 5710 (29th June, 1950) and published in Sefer Ha-Chukkim No. 54 of the 14th Av, 5710 (28th July, 1950), p. 182. l) Sefer Ha-Chukkim No. 39 of the 17th Nisan, 5710 (4th April, 1950), p. 119: supra, p. 87. 131 (b) The.sources of revenue to cover the Security Budget and the breakdown of the amount of the Security Budget into subheads and items of expenditure shall be determined by the Finance Committee of the Knesset upon the proposal of the Government. Variations 5, (a) Upon the proposal of the person in charge of any head of expenditure, in Budgets. the Minister of Finance may — (1) transfer any amount from one item to another item of the same sub• head of that head of expenditure; (2) with the approval of the Finance Committee of the Knesset transfer any amount from one subhead to another subhead of that head of expenditure. (b) For• the purpose of subsection (a), the person. in charge of a head of expenditure is .— (1) in the case of the Office of the President of the State — the person appointed in that behalf by the President; (2) in the case of any other head of expenditure, except the heads of, ex• penditure of the Knesset and the Comptrol Office — the Minister de• signated, in that behalf by the Government. (c) In the case of the. head of expenditure of the Knesset, the. Finance Com• mittee of the Knesset may, upon the proposal of the Chairman of the -Knesset,. transfer any amount from one subhead to another subhead, or from one item to another item, thereof. . , (d) In the case; of the head of expenditure of the Comptrol Office, the Fi• nance Committee of the Knesset may, upon the proposal of the State Comptroller, transfer any amount from one subhead to another subhead, or. from one item to another item, thereof. Use of (}, The Minister of Finance may prescribe from time to time the purposes for General Reserve. which the amounts of the General Beserve shall be used. Use of 7. (a) If at the expiration of the financial year 1950/51 a surpluB remains under surpluses. any head of expenditure, the Minister of Finance may permit such surplus to be used within one month from the expiration of that financial year for the purpose to which it was appropriated or, having regard to the provisions of section 5, for another purpose within the scope of that head of expenditure. (b) If at the expiration of one month from, the expiration of the financial year 1950/51 a surplus remains under any head of expenditure, the Minister of 'Finance may, with the approval of the Finance Committee of the Knesset, permit such Burplus to be used within three months of the expiration of that financial year for a purpose within the scope of that head of expenditure. Publication. g. (a) Notwithstanding section 2(d) of the Transition Law, 5709—1949!), this Law shall be published in Reshumot within one month from the day on which it is passed by the Knesset. (b) The Minister of Finance shail publish in Reshumot, within twelve months from the expiration of the financial year 1950/51, the revenue collected and ex• penditure incurred under the Ordinary Budget for. that financial year. The pub• lication shall be made in such form as to permit a comparison of the revenue collected with the heads of estimated revenue in the First Schedule, and of the expenditure incurred with the heads and subheads of expenditure in the Second Schedule, to this Law. i) Safer Bo-Chukkim No. 1 of the 18th Shevat, 5709 (17th February, 1949), p. 1: LSI vol, III, p. 3. 183 9. The Minister of Finance is charged with the implementation of this Law. Implementa• tion. . IQ. This Law shall have effect retroactively as from the 14th Nisan, 5710 (1st Commenoe- April, 1950). ment• FIRST SCHEDULE (section 2) RBVENUR IL IL 01. Income Tax (including Absorption Tax) 14,000,000 02. Customs 9,250,000 .03. Fuel 4,350,000 04. Excise — Tobacco 5,750,000 Liquors 3,200,000 Miscellaneous 300,000 05. Luxury Tax 3,500,000 06. Property Tax — Urban Property 1,400,000 Rural Property 200,000 07. Revenue Stamps 1,300,000 08. Licence Fees 2,000,000 09. Revenue from Services — Land Registry 1,000,000 Sundry Services 750,000 10. Collections on Account of Loans and Government Property 1,700,000 11. Land Betterment Tax 500,000 12. Estate Duty 100.000 13. Miscellaneous Revenue 500,000 49,800,000 14. Revenue of the Food Department of the Ministry of Supply and Rationing 2,000,000 15. Collections on Account of the Agreement with Great Britain 400,000 2,400,000 16. Revenue of Enterprises of the Ministry of Communications — Post, Telegraph, Telephone and Wireless 3,054,000 Ports 2,708,000 Railways 1,503,000 7,265,000 Grand Total 59,465,000 SECOND SCHEDULE (section 3) EXPENDITURE . IL IL 01. President of the State and Office of the President of the State 29,000 02. The First Knesset 340,000 03. Ministers 30,000 04. Prime Minister's Office 956,000 05. Ministry of Finance 1,440,000 06. Ministry of Defence 15,000,000 07. Ministry of Health 8,975,000 08. Ministry of Religious Affairs 493,000 133 III IL 09. Ministry of Foreign Affairs 1,315,000 10. Ministry of Education and Culture 4,075,000 11. Ministry of Agriculture 1,435,000 12. Ministry for War Sufferers 150,000 13. Ministry of Trade and Industry 235.000 14. Ministry of Supply and Rationing 1,375,000 15. Ministry of Police 3,325,000 16. Ministry of Justice 688,000 17. Ministry of Social Welfare 1.862,000 18. Ministry of Labour and Sr->al Insurance . 2,730,000 19. Ministry of Immigration 307,000 20. Ministry of the Interior 365,000 20. Ministry of the Interior — Local Authorities 1,900.000 21. Office of the State Comptroller 175,000 23. Rehabilitation of Ex-Servicemen 3,300,000 24. Payment of Debts and Interest 3,300.000 25. General Reserve 1,000,000 49,800,000 Subsidies for the Reduction of the 26״ Prices of Essential Foodstuffs 2,000,000 27. Payments on Account of the Agreement with Great Britain 400,000 2,400,000 22. Ministry of Communications 76Í700Ó Post, Telegraph, Telephone and Wireless 2,694,000 Ports 2,248,000 Railways 1,562,000 7,265,000 Grand Total .59,465,000 (The remaining part of the Second Schedule, containing the breakdown of heads of expenditure 01, 02, 04, 05, 07, 08, 09, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21 and 22, and of head of revenue 16, into subheads and items, is omitted in this trans• lation.) DAVID BEN-GURION ELLEZER KAPLAN Prime Minister Minister of Finance YOSEF SPRINZAK Chairman of the Knesset ' Acting President of the State No. 55 LOANS TO CITRUS GROWERS (AMERICAN CREDIT) LAW, 5710—1950» Interpre- 1 In this Law — tation. "the Board" means the Citrus Marketing Board; "grove-owner" includes a lessee of a citrus grove under a contract of lease the date of termination of which is not prior to the year 1963; Passed by the Knesset on the 10th Av, 5710 (24th July.1950). and published in Sefer Ha-Chukkiin. No. 55 of the 18th Av, 5710 (1st August, 1950), p. 257; the Bill xpianaV,ry Note were Published In Hatia'ot Chok No. 40 of the 5th״?.,an ״?5 Nisan, 5710 (23rd March, 1950), p. 145. 134 • "borrower" means a grove-owner, a group of grove:owners, a citrus marketer, the Citrus Control Board, or an owner of a waterworks which supplies water for the irrigation of a citrus grove; "loan" means a loan which has been given by the Board to a borrower in accordance with this Law. Power to 2. The Board is empowered — borrow and lend; auxil• (o) to borrow from the Government moneys out of the credit which the iary powers. Minister of Finance has accepted on behalf of the State of Israel in ac• cordance with the American Credit Law, 5709—19-I91), with a view to lending them to borrowers for the purposes of tho rehabilitation of the citrus industry in the State and upon terms which shall be agreed upon in writing between the Minister of Finance and the Board; (6) to do every thing that is necessary for the effective application of its powers under paragraph (a) or for the realisation of the rights which it has acquired, or for the discharge of the debts and obligations which it has incurred, in the exercise of those powers. 3• The equipment and other property which a borrower shall acquire with moneys Charge on equipment. of a loan which has been given him, and which are specilied in the contract between him and the Board, shall be automatically charged, as security for that loan, with a first charge in favour of the Board with a right of endorsement to the Minister of Finance. This charge shall be valid so long as that loan has not been repaid in full. It shall have the elfect of a charge mentioned in a document drawn up by a notary- under article 72 of the Law of the Notary Public of the 27th Dhi-1- Qaada, 1331 (15th October, 1913). 4. (a) The citrus crop of a grove of which a borrower is the owner and, if the Charge on crops; Register crop has been sold, the consideration, shall every year be automatically charged of Charges. with a first charge — to be outranked only by a charge created in connection with seasonal advances under the Short Term Crop Loans (Security) Ordinance, 1935s) — as security for the payment of such instalments of loans as that borrower is bound to pay in pursuance of a contract between him and the Board during the year the crop of which has been charged as aforesaid; however, notwithstanding anything contained in section 5 of that Ordinance, a charge under this section shall have priority over any other charge on the same crop, whether the other charge was created before the coming into force of this Law or thereafter. The charge shall be in favour of the Board with a right of endorsement to the Minister of Finance. (b) In section, (a), "year" means the period from the 1st Tishri to the 29th Elul. (c) The Board shall, keep a Register of Charges, in which it shall enter a record of every charge created under this section, and shall also indicate the cancellation thereof immediately the amounts as security for which it was given have been paid; any person may inspect the Register of Charges during ordinary working hours at the offices of the Beard. (d) The registration of a charge under subsection (c) shall serve as notice of the charge to every person concerned. Charge on 5• All debts which will be due from borrowers to the Board in connection with debts of bor• loans shall be automatically charged in favour of the Government as security rowers in favour of the for the discharge of the debts and obligations of the Board under the terms re- Government. 1) Sefer Ua-Chultkim No. 2 of the 17th Adar, 5709 (17th March, 1949), p. 3; LSI vol. II, p. 4. . 2) P.G. No. 522 of the 27th June, 1953, Suppl. I, p. 133 (English Edition). 135 ferred to in section 2(a). This charge shall be treated as a floating charge under the Companies Ordinance!) as if. the Board were a company incorporated under that Ordinance, save that the charge shall not be subject to registration in ac• cordance with that Ordinance. Cover of g. The expenses and losses of the Board in connection with the giving and expenses collection of the loans and in connection with the debts and obligations under and losses. the termB of the loan which have been agreed upon in writing between the Mi• nister of Finance and the Board, as provided in section 2(a), shall be covered by the Board by payments which it shall collect in •the manner prescribed in section 3(i) of the Citrus Marketing Ordinance, 1947'), as if they were expenses or losses incurred by it in the exercise of its powers under paragraphs (b) to (h) of section 3 of the said Ordinance. Restriction 7. No transfer — within the meaning of the Land Transfer Ordinance3) — of a on transfer of groves. citrus grove or of land of a former citrus grove shall be registered in any register of the State or the Government without the consent of the Minister of Finance or a person appointed by him, unless there has been produced to the registering authority a conlinnation from the Minister of Finance, or a person appointed by him, attesting one of the following two things: (a) that the owner of that citrus grove or of that land, . or the lessee of that land, has not been given a loan; (b) that a loan which has been.given as aforesaid has been repaid in full. Penalties. 3. A borrower who — (a) has knowingly made a false or misleading statement in respect of a material particular in any undertaking, declaration or other document signed by him in connection with a loan; '(b) has relinquished from his control — without the consent of the Board — any crop, equipment or other property which has been charged under this ' Law is liable to imprisonment for a term not exceeding one year or to a fine not exceeding 500 pounds or to both such penalties. Saving 9. The provisions of this Law shall not impair the powers, rights and duties of powers under other of the Board under any other law. laws. Implementa• 10'. The Minister of Agriculture is charged with the implementation of this Law tion and regulations. and may make regulations as to any matter relating to such implementation, includ• ing the form in which the Register of Charges under section 4 shall be kept. Commence• H_ This Law shall have effect retroactively as from the 14th Shevat, 5710 (1st ment. February, 1950). DAVID BEN-GURION DOV JOSEPH Prime Minister Minister of Agriculture YOSEF SPRINZAK Chairman of the Knesset Acting President of the State 1) Lotus of Palestine vol. I, cap. 22, p. 161 (English Edition). 2) P.O. No. 1608 of the 20th August, 1947, Suppl. I, p. 251 (English Edition). 3) Laws of Palestine vol. II, cap. 81, p. 881 (English Edition). 136 No. 56 MILITARY CEMETERIES LAW, 5710-1950* 1 In this Law — Interpreta- military service means — (a) service in the Defence Army of Israel; (b) in respect of the period from the 17th Kislev, 5708 (30th November, 1947) to the 29th Kislev, 5709 (21st December, 1948) — any.other service which the Minister of Defence has declared, by declaration published in Reshumot, to be military service for the purposes of this Law; "soldier" means a person in military service; "civilian cemetery" means an area of land in which the burial of dead persons is permitted by virtue of section 8 (4) of the Public Health Ordinance, 1940!); "military grave" means the grave of a deceased soldier; "relative", in relation to a deceased soldier, means the person whose name is entered on the personal registration card usual in the Defence Army of Israel as that of the next of kin of the deceased; and in default of such an entry, the next of kin according to the Schedule to this Law; "military physician" means a qualified physician serving in the Defence Army of Israel. 2 (a) The Minister of Defence may appoint competent officers for the purposes Competent of'this Law. offlcers• (b) Notice of the appointment of a competent officer shall be published in Reshumot. 3. The Minister of Defence may declare, by declaration published in Reshumot, Military that an area of land described in the declaration shall be a military cemetery. cemeteries. 4. (a) A deceased soldier shall be buried in a military cemetery chosen by the Place of relative of the deceased, unless the relative has elected to have him buried in a burial of soldier. civilian cemetery. (b) Regulations as to the burial of a deceased soldier in a civilian cemetery shall prescribe —. (1) the modes of participation of the Defence Army of Israel in the burial; (2) conditions to ensure the orderly burial of the deceased, to be fulfilled by his relative. . (c) Where the relative of the deceased has not, within twelve hours after being notified of the death of the soldier, chosen the cemetery as aforesaid or has not fulfilled the conditions prescribed in the said regulations, the deceased shall be buried in one of the military cemeteries. (d) A deceased soldier who has no surviving relative or whose relatives are unknown or outside the State shall be buried in one of the military cemeteries. . 5. (a) On every military grave, a military tombstone shall be erected at the Tombstones. expense of the State, but a competent officer may permit the relative of a deceased soldier buried in a civilian cemetery to erect a different tombstone on his grave. * Passed by the Knesset on the 11th Av, 5710 (25th July, 1950) and published In Sefer Ha-Chukkim No. 55 of the 18th Av. 5710 (1st August. 1950), p. 258; the Bill and an Explanatory Note were published in HaUa'ot Chok No. 30 of the 6th Tevet, 5710 (26th December, 1949), p. 67. l) P.O. No. 1065 of the 20th December, 1940, Suppl. I, p. 239 (English Edition). (b) The shape and dimensions of. a military tombstone shall be prescribed by a competent officer. P'-ansfer of 6_ (a) A competent officer may, with the consent of the Director of Medical bodies. Services or his authorised representative and in consultation with the Chief Army Rabbi, order the transfer of a body — (1) from a military grave not situated in a military cemetery to a mil• itary cemetery ; (2) from one military cemetery to another ; (b) In the case of a transfer as specified in subsection (a) of the body of a non-Jewish soldier, the consultation with the Chief Army Rabbi shall be replaced by consultation with the army chaplain of that soldier. (c) A competent officer shall not transfer a body from one military cemetery to another unless he is of opinion that there is a special reason for so doing. (d) A competent officer shall not transfer under section (a) the body of a deceased soldier survived by a relative who is in the State save with the consent of that relative. (e) Before the transfer of a body under subsection, (a), the competent officer Bhall give notice thereof to the Minister of Health, and the Minister of Health • may send his representative to be present at the transfer. (f) In transferring a body under subsection (a), the provision of rule 6 (2) of the Public Health (Re-interment) Rules, 1941!), shall be complied with; provided that the term "medical officer" in that rule shall be construed to include a military physician. Removal of 7. (a) A person shall not remove a body from a military grave or from a mil• body from military itary cemetery save under a permit from a competent officer and in accordance grave. with the conditions of the permit. (b) This section shall, add to, and not derogate from, the provisions of the Public Health (Re-interment) Rules,.1911. Rules for 8. (a) The Minister of Defence may make regulations as to rules to be observed military cemeteries. in military cemeteries. (b) Having regard to the said regulations, a competent officer may issue directions as to local rules for a particular military cemetery. (c) The directions of a competent officer do not require publication in Reshumot and shall be exhibited in a conspicuous position at the entrance to the military cemetery to which they relate. Application 9. The provisions of sections 7 (2), (3) and (5), 8 (2) and (3) and 20 (3) of the of Public • Public Health Ordinance, 1940, shall apply mutatis mutandis to military cemeteries Health Ordi• nance, 1940. and the burial of soldiers therein; provided that the terms "medical officer", "district commissioner" and "inspector of health" in sections 8 (2) and (3) and 20 (3) shall be replaced by the term "military physician". Offences. \Q, (a) A person who desecrates or causes the desecration of a military grave or a military cemetery or who contravenes section 7 (a) is liable to imprisonment for a term not exceeding one year or to a fine not exceeding three hundred pounds or to both such penalties. (b) A person who erects or removes a tombstone on or from a military grave otherwise than under a permit from a competent officer is liable to imprisonment . i) P.O. No. 1096 of the 8th May, 1941, Suppl. I., p. 727 (English Edition). 138 for'a term not exceeding three months or to fine'not exceeding seventy •five pounds or to both such penalties. "(c) A person who contravenes any of the directions issued under section 8 (b) is liable to a fine not exceeding twenty pounds. .a) For the purposes of this Law — Evidence) ־ J1 (1) a certificate signed by a competent officer attesting that a particular person was a soldier shall be conclusive evidence of such fact; (2) a certificate signed by a competent officer attesting that a particular grave is a military grave shall be conclusive evidence of such fact. (b) A certificate purporting to be signed by a competent • officer shall be .such a certificate so long as the contrary has not been proved ׳regarded as 12. The Minister, of "Defence shall appoint for the purposes of this Law a public Public advisory board, whose functions shall be prescribed by regulations. advisory board. 13. (a) The Minister of Defence is charged with the implementation of this Law. Implementa tion and (b) The Minister of Defence may, in consultation with the Minister of regulations. Religious Affairs and the Minister of Health, make• regulations as to any matter relating to the implementation of this Law. SCHEDULE (section 1) a. The next of kin of a deceased person is the person who, surviving the deceased person, is mentioned first in the following list: (1) his spouse; (2) his sons and.daughters; (3) his parents; (4) his brothers and sisters; (5) the brothers and sisters of his parents. b. Where the deceased was a member of a kvutza, kibbutz or moshav1) and is not survived by those mentioned in paragraph a (1), (2), (3) and (4), the kvutza, kibbutz or moshav shall be regarded as the next of kin. DAVID BEN-GURION DAVID BEN-GURION Prime Minister. Minister of Defence YOSEF SPRINZAK Chairman of the Knesset Acting President of the State i) Small communal settlement, large communal settlement and smallholders' set-" , tlement, respectively (Tr.). 139, No. 57 PUNISHMENT OF WHIPPING (ABOLITION) LAW, 5710—1950* Abolition of J The punishment of whipping shall,not be inflicted in the State. punishment of whipping. Certain 2. The following are repealed :• ' provisions of law (a) paragraph (f) of section 18 of the Juvenile Offenders Ordinance, 1937!); repealed. (6) regulation 33 of theDeferice (Emergency) Regulations, 1945«); (c) paragraph (4) of section 86 and section 88 of the Prisons Ordinance, 1946»). Implementa 3' The. Minister of Justice is charged with the implementation of this Law. tion. DAVID BEN-GURION PINCHAS ROSEN Prime Minister Minister of Justice. YOSEFSPRINZAK ׳ Chairman^of the Knesset Acting PresidenLof the State No. 58 COMPENSATION (DEFENCE) ORDINANCE (AMENDMENT) . LAW, 5710^-1950** 'Amendment of 1. The Compensation (Defence) Ordinance, 1940«) (hereinafter: "the Ordi- Compensation nance") shall be amended as follows: (Defence) Ordinance, (a) In section 9, at the end; the words "and the decision of that tribunal 1940. shall be final" shall be deleted; (6) in section 10 (2), the words "judges of the Supreme Court" shall be replaced by the words "judges of a district court"; (c) the following section shall be inserted after section 11: "Appeals. 11 A. (I) A decision of a Shipping Tribunal or the General Tri bunal under this Ordinance is appealable to the Supreme Court. (2) The provisions of Part XXXI of the Civil Procedure. Rules, 1938s), shall, with such adaptations as the matter may require, apply to an appeal under subsection (1), as if it were an * Passed by the Knesset on the 11th Av. 5710 (25th July, 1950) and published in Safer fla-Chukkim No. 55 of the 18th Av, (1st August, 1950), p. 261: the Bill and an Explanatory Note were published in Batia'ot Chok No. 50 of the 29th Tam- muz, 5710 , p. 207. \ 1) P.O. No. 667 of the 18th February, 1937, Suppl. I, p. 137 (English Edition). 2) P.O. No. 1442 of the 27th September. 1945. Suppl. II, p. 1955 (English Edition), a) P.O. No. 1472 of the 5th February. 1946, Suppl. I, p. 9 (English Edition). ** Passed by the Knesset on the 11th Av, 5710 (25th July. 1950) and published in Sefer Ba-Chukkim No. 55 of the 18th Av, 5710 (1st August, 1950), p. 262; the Bill and an Explanatory Note wore published in Batia'ot Chok No. 45 of the 20th Sivan, 5710 (5th June, 1950), p. 171. <) P.O. No. 1019 of the 13th June, 1940, Suppl. I, p. 117 (English Edition). s) P.O. No. 753 of the 3rd November, 1938, Suppl. II, p. Ill (English Edition). 140•: appeal against a judgment of a district court sitting as a court of first instance.". 2. (a) A decision of Shipping Tribunal or the General Tribunal, within the Transitional meaning of the Ordinance, given before the coming into force of this Law is not provisions, appealable. (c) Where immediately before the coming into force of this Law a matter was pending before a Shipping Tribunal, within the meaning of the Ordinance, the Tribunal shall continue to deal with it and shall decide it as if this Law had not come into force, and the decision of the Tribunal shall not be appealable. (c) Where immediately before the coming into force of this Law a matter was pending before the General Tribunal, within the meaning of the Ordinance, the decision of the Tribunal shall be appealable under section 11A of the Ordinance. DAVID BEN-GURION PINCHAS ROSEN Prime Minister Minister of Justice YOSEP SPRLNZAK Chairman of the Knesset Acting President of the State No. 59 MUNICIPAL COURTS ORDINANCE (AMENDMENT) LAW, 5710—1950* Amendment 1, The Municipal Courts Ordinance!) shall be amended as follows: of Municipal In the proviso to section 4 (1), the words "twenty pounds" shall be replaced £ourts , , f. , , , , ,. Ordinance, by the words one hundred pounds . DAVID BEN-GURION PINCHAS ROSEN Prime Minister Minister of Justice YOSEF SPRLNZAK Chairman of the Knesset Acting President of the State * Passed by the Knesset on the 11th Av, 5710 (25th July, 1950) and published in Sefer Ba-Chvkhim No. 55 of the 18th Av, 5710 (1st August, 1950), p. 263; the Bill and an Explanatory Note were published in Batsa'ot Chok No. 49 of the 14th Tammui, 5710 (29th June, 1950), p. 205. i) Laws of Palestine vol. II, cap. 97, p. 1015 (English Edition). 141 No. 60 EMERGENCY'REGULATIONS (HÔTEL ACCOMMODATION) (EXTENSION OF VALIDITY) (No. 3) LAW, 5710—1950* Extension of J The validity, of the . Emergency Regulations (Hotel Accommodation), validity. 5709—1949!) is hereby extended until the 22nd Adar Alef, 5711 (28th February, 1951). ' 2. Tms Law shall come into force on the 18th Elul, 6710. (81st August, 1950). DAVID BEN,-GURION . MÔSHE SHAPIRA Prime Minister. - Minister of Immigration YOSEF SPRINZAK Chairman of the Knesset Acting President of the State No. 61 GERMAN PROPERTY LAW, 5710-:1950** Object of 2_ This Law aims at the concentration and realisation of German property, aw' in order that such property, or the value thereof, may serve as security for the satis• faction of claims of persons residing in Israel, or who may yet settle in Israel, against the German State, its central, district, local and other institutions, adminis• trative organs and authorities, or against Germans or residents of Germany. Interpre- 2. 1° tms ^aw — tation. (a) "German" means — . (1) a person who, on or after the 3rd Shevat, 5693 (30th January, 1933), was a citizen or national of Germany, but does not include a person who — (i) belongs to a group of persons against which the laws of Germany—as in force on ,or after the said day — discriminate! on racial grounds and who, on or after the said day, was persecuted in Germany on racial grounds or who would have been liable to perse- ' cution on racial grounds had he been in Germany at the time; (ii) was a citizen or national of Germany merely because a country or territory was annexed by Germany after" the 28th Adar Alef, 5698 (1st March, 1938); (2) a body of persons all the members, partners, shareholders, directors or managers of which are Germans within the meaning of paragraph (1) or the management of the affairs of which is otherwise decisively controlled by such Germans or all the capital of which is in the hands of. such Germans; - * Passed by the Knesset on the 12th Av. 5710 (26th July, 1950) and published in Sefer Ba,Chukkim No. 56 of the 20th Av, 5710 (3rd AuguBt, 1950) p. 266; the Bill and an Explanatory Note were published in BaUa'ot Chok No. 50 of the 29th Tammuz, 5710 (14th July, 1950), p. 207. ' • ; D KoveU Ba-Takkanot No. 15 of the 19th Iyar, 5710 (18th May, 1949). p. 189. ** Passed by the Knesset on the 12th Av, 5710 (26th July, 1950); the Bill and an Explanatory Note were published in Batsa'ot Chok No. 28 of the 25th Kislev, 5710 (16 November 1949), p. 41. , 132 .:{b) "the Minister" means the Minister of Finance; .'(c) "body of persons" means a body constituted in or outside Palestine, incorporated or unincorporated, registered or not registered, and includes, a company, partnership, cooperative society, society under the Law of Societies rd August, 1909) and any other legal person and־ (of the 29th Bajab, 13273 . any institution owning property; (d) "property" includes movable and immovable property, moneys, an im mediate or contingent right in property, goodwill and any right in a body of persons or its management; (e) "German property" means property situated in the area of the State on the day this Law comes into force, its owner being a German; and includes property, which immediately before that day was vested — (1) in the Custodian of Enemy Property under the Trading with the Enemy Ordinance, 1939!), or (2) in the Custodian of Absentees' Property under the Absentees' Proper ty Law, I9602), its owner immediately before the vesting having been ;German ׳a (J) "vested property" means German property vested in the Custodian under this Law; (g) "held property" means vested property actually held by the Custodian and includes property acquired in exchange for vested property; (h) "area of the State" means the area in which the law of the State of Israel applies; 3 (a) The Minister shall appoint(, by order published in Reshumot, a Custodian The Custodian of German ship Council for German Property and designate one of its members to be the Property. 'Chairman of the Council. The chairman of the Council shall be called the Custodian. The functions and powers of the Custodianship Council shall be determined by the Minister by regulations. (b) The, Custodian may bring an action and institute any other legal proceed ing against any person and be a plaintiff, defendant or otherwise a party in any legal proceeding. (c) The. Custodian is.entitled to be represented in any legal proceeding by the Attorney General or his representative. (d) When the Custodian ceases to hold office, his functions, powers, rights and duties as Custodian pass automatically to the Minister; when another person is appointed to be Custodian, the said functions, powers, rights and duties pass automatically to him, and BO on from Custodian to Custodian. 4. (a) The Custodian may, with the written approval of the Minister, appoint Appointment inspectors of German property and delegate to any of them any of his powers, of inspectors, agenta and except the power to appoint inspectors. A notice of the appointment and scope of employees. powers of every inspector shall• be published in Reshumot. The. appointment is effective from the day of publication of the notice or such later date as may be indicated in the notico. (b) The Custodian may appoint agents for the management of held property on his behalf and fix and pay their remuneration. (c) The Custodian may appoint officials and other employees, whose status, shall be the same as that of other State employees. 1) P.O. No. 923 of the 5th September, 1939, Suppl. I, p. 95 (English Edition). 2) Sefer Ha-Chukkim No. 37 of the 2nd Nisan, 5710 (20th March, 1950);'p. 86. 143 Vesting of 5 • (») All German property is hereby vested in the Custodian as from the day German property in of publication of his appointmtnt. Custodian. '(b) Any right a German had in any property passes automatically to the Cus todian.at the time of the vesting of the property; the status of the Custodian shall be the same as was that of the owner of the property or the person who was the owner of the property immediately before its becoming vested under the Trading with the Enemy Ordinance, 1939, or the Absentees' Property Law, 5710—^1950, as the case may be. (c) The proceeds' of vested property shall be dealt with like the vested property yielding the proceeds. (d) The Custodian has the right to take possession of vested property wherever he may find•' it. (e) If the Custodian acquires any property, not being German property at the time of the acquisition, in exchange for vested property, the acquired property shall become held property and be dealt with as was the property in exchange for which it was acquired. (f) Upon the vesting of any German property, within the meaning of section 2(e)(1), under this Bection, any vesting order under the Trading with the Enemy Ordinance, 1939, shall be automatically revoked to the extent that it applies to that property. / (g) Upon the vesting of any German property, within the meaning of section 2(e)(2), under this section, any right which the Custodian of Absentees' Property had in that property under the Absentees' Property Law, 5710—1950, lapses auto matically. Handing over g_ (a) A person who has in hi6 possession any German property is bound to of property hand it over to the Custodian. to the Custodian. (b) A person who ha3 a debt to or any other obligation towards a German, is bound to pay the debt, or discharge the obligation, to the Custodian. Expenses and 7, The Custodian may, himself or through others having his written con investments. sent, incur any expenses and make any investments necessary for the safeguarding, maintenance, repair or development of held property or for other similar purposes. Charge and g. (a) The fact that any property becomes vested property shall not invalidate attachment on vested any mortgage, pledge or other charge or any right of tenure or use legally created ׳ .property. on or in it theretofore (b) No execution proceedings shall be taken and no act under section 14 of the Land Transfer Ordinance1) shall be done, in respect of vested property, and no recourse shall be had to section 8, 9 or 10 of the Law on the Partition of Im movable Property of the 14th Muharram, 1332, in'respect of vested property, except by permission in writing from the Custodian or, if such permission is not given within a year from the day on which it is applied for, at the expiration of that year. attachment imposed on German property, whether before, or after it ׳c) An) becomes vested property, shall not prevent the Custodian from divesting himself of the property under this Law, and if he has so divested himself, the attachment shall apply, instead of to the property, to the consideration which he has received for it. Extent- of re 9. If the Custodian or a person acting, directly or indirectly, under his instruc sponsibility of Custodian and tions has taken over any property, or done any act in respect of any property, in persons acting under his in i) Laws of Palestine, vol. II, cap. 81, p. 881 (English Edition). structions. 144 the honest and reasonable, but mistaken, belief that the property is vested property, the Custodian or that person Bhall not bear any civil responsibility therefor beyond that which he would bear if the property had at the time been vested property. JO. Any transaction made in good faith between the Custodian and another person Validity of in respect of any property which the Custodian considered at the time of the trans transactions. action to be vested property shall not be invalidated and shall remain in force even if it is proved that the property was not at the time vested property. 11. (a) If the Custodian ascertains that some property which he considered to Return of be vested property is not vested property, he may, having regard to the provisions property erroneously of section 10, hand over the property or the consideration he has received for it, considered as the case may be, to the person who in the opinion of the Custodian is entitled to be vested property. to hold the property or the consideration. (b) If a competent court decides that property which the Custodian considered to be vested property is not vested property, the Custodian shall, having regard to the provisions of section 10, hand over the property or the consideration he has received for it, as the case may be, to such person as tie court may in its de cision direct or, if no such direction has been given by the court, to the person from whom the Custodian received the property; if that person is not known to him, the Custodian shall apply to a competent court for directions. 12. (a) If the vested property is of thecategory of immovable property, the Cus !!imitation of todian shall not — powers of Custodian. (1) sell or otherwise transfer the right of ownership thereof, provided that if a Development Authority is established under a Law of the Knesset, it shall be lawful for the Custodian to sell the property to that Development Authority at a price not less than the official value of the property; (2) grant a lease of the property for a period of more than six years except — , (i) to the said Development Authority; and on leasing property to it, the Custodian shall stipulate in the contract of lease that the annual rent payable by it shall not be less than an amount equal to 4.8 per cent of the official value of the property; or (ii) to another lessee who undertakes in the contract of lease to cul tivate or develop the property to the satisfaction of the Custodian! (b) A voluntary partition of immovable property held in mush a shall not be considered, for the purposes of subsection (a), as a transfer of the right of owner ship of immovable property. (c) If the Custodian grants a lease of any property for a period of more than three years, the provisions of the Land Transfer Ordinance shall not apply to the lease; but the Custodian may apply for registration of the lease under that Or dinance. (d) "Official value", in this section, means — (1) in respect of property which was chargeable, in the financial year 19-17/48, with urban property tax under the Urban Property Tax Ordinance, 1940') — an amount 16$ times the net annual value fixed for it for the purposes of that Ordinance in the last assessment before the 6th Iyar, 5708 (15th May, 1948); • (2) in respect of property which was chargeable, in the financial year 1947/48, with rural property tax under the. Rural Property Tax Ordinance, — (־••1942 i) P.G. No. 1065 of the 20th December, 1940, Suppl. I, p. 275 (English Edition), s) P.G. No. 1182 of the 10th March, 1942, Suppl. I, p. 11 (English Edition). 145 i) if it is an industrial building within the meaning of-that Ordi) ׳ nance — an amount 16} times the net annual value fixed for it for the purposes of that Ordinance in the last assessment before the 6th lyar, ' 5708 (15th May, 1948); (ii) if it belongs to category 1 set out in the Schedule to that Or dinance — 300 times the amount of the tax charged on it in respect of that financial year, and if it belongs to category 2, 3, 4 or 17 set t in the Schedule to that Ordinance, 300 times the amount of the׳ o tax which would have been charged on it in respect of that financial year had it belonged to category 1; . (iii) if it belongs to one of the other categories set out in the Schedule to that Ordinance — 75 times the amount of the tax charged on it in respect of that financial year; (3) in respect of other property — an amount 16.J times the net annual value which would have been fixed for it in respect of the financial year 1947/48 for the purposes of the Urban Property Tax Ordinance, 1940, had it been chargeable, in respect of that financial year, with urban property tax under that Ordinance; provided that the Minister may reduce any of the rates mentioned in this sub section — (1) in respect of property on which no urban property tax or rural prop erty tax, as the case may be, was paid during the five years preceding the 21st Adar Bet, 5708 (1st April, 1948), either because the property was exempt• from tax or for any other reason whatsoever; (2) in respect of property the possibilities of using which are, in the opinion of the Minister, limited owing to damage or neglect or for any other similar reason. (e) If the vested property is a voidable charge, the Custodian may only void it for some consideration or in accordance with the conditions of the charge; if it is a waivable right, the Custodian may only waive it for some consideration. (f) Nothing in this Law shall derogate from the powers of the Minister of Agriculture under the Emergency Régulations (Cultivation of Waste Lands). 5709—1948!). (g) If the vested property is agricultural land other than waste land, or waste land of which the Minister of Agriculture has not taken possession under regula• tion 4 of the Emergency Regulations (Cultivation of Waste Lands), 5709—1948, or if it is used for agricultural purposes, any agreement made in respect of it by the Custodian i3 subject to the written consent of the Minister of Agriculture. A recommendation of the Minister of Agriculture, or a general direction in writing, to that effect shall have the same effect as written consent. Debts of 13. (*) The Custodian shall not pay a debt due from a German or in connection Germans and actions in with German property or discharge any other obligation incurred by a German, connection except — • therewith. (1) if it is a debt in respect of taxes, rates or other similar obligatory charges, or (2) if the debt or obligation is proved to the full satisfaction of the Custodian, or (3) under a judgment of a competent court, and to the extent that the held property of that German is sufficient for the purpose, (b) A court hearing a claim for a debt due from a German or in connection i) I.B. No. 41, of the 6th Tevet, 5709 (7th January 1949), Suppl. I, p. 94. 146 with German property or a claim for the discharge of any other obligation incurred by a German may, notwithstanding anything contained in any other law — (1) postpone from time to time the hearing of the claim, in order to make possible the submission of evidence as complete as possible; (2) strike out or dismiss the claim if it is not proved beyond all reasonable doubt. (c) The Minister may, by regulations, determine categories of vested im• movable property in respect of which the Custodian shall have the right to postpone the payment of all or any taxes, rates or other similar obligatory charges due on such immovable property, for such period and on such conditions as the Custodian, with the approval of the Minister, may determine in respect of each case. 14. (a) A person or body of persons holding, managing or enjoying the benefit • Duty to notify of vested property is bound to deliver to the Custodian a written notification, German property. stating the particulars of the vested property, within thirty days of the day of publication of the Custodian's appointment, or, if the property comes to be held or managed, or the benefit thereof enjoyed, by that person or body of persons — otherwise than with the consent of the Custodian — after the day of such publication, within thirty days of the day on which it comes to be so held or managed or the benefit thereof enjoyed. (b) Anyone bound under subsection (a) to deliver to the Custodian a written notification is also bound to deliver to him from time to time returns, accounts or other documents or information, as the Custodian may from time to time demand, in connection with the property in respect of which he is bound to deliver a notification. (c) If the Custodian demands of a person to deliver to him, within a time prescribed in the demand, any returns, accounts or other documents or information as specified in subsection (b), that person is bound to comply with everything contained in the demand. 15• (a) P61,800 shall, without the written consent of the Custodian — Prohibition of acts. (1) hold, manage or otherwise deal with, or relinquish or transfer any vested property, or hand over vested property to any person except the Custodian; (2) pay to any person except the Custodian a debt, or discharge to any person except the Custodian any other obligation, the right of action in respect of which has been vested in the Custodian; (3) act, in connection with vested property, under a power of attorney or other authorisation of a German principal; however, an advocate duly authorised in that behalf by a German may represent that German in any legal proceeding instituted or to be instituted by him against the Custodian. (b) Consent under this section may be given before or after the fact. (c) An act done in contravention of this section is null and void. (d) No act in respect of vested property shall be registered in the Land Register except with the written permission of the Custodian, given before the registration, or under a judgment of a competent court. If a registration has been effected in contravention of this provision, the court shall, on the application of the Custodian, order that this and any subsequent registration be deleted. (e) If a person contends that an act was done in respect of 3ome property before that property became vested property, or that an act was done with the consent or written permission of the Custodian, the onus of proving his contention shall rest upon him. 147 Abrogation 16 (a) The Minister may, at his sole discretion, abrogate any of the rights or of rights and with• withdraw any of the powers of the Custodian in respect of vested property — drawal of (1) which served exclusively as a permanent place of religious worship; powers of Custodian in or certain cases. (2) the owner of which was (i) an ecclesiastical, religious", cultural, educational, charitable or benevolent institution; or (ii) a German who, in the opinion of the Minister, was persecuted in Germany at any time between the 3rd Shevat, 5693 (30th January, 1933) and the 2ath Iyar, 5705 (8th May, 1945) on religious, national, ideological or other similar grounds, or who would have been liable to persecution as aforesaid had he been in Germany at the time; or (iii) a body, of persons all the members, partners, shareholders, directors ar managers of which are Germans who, in the opinion of the Minister, were or would have been persecuted as specified in subparagraph (ii) or the management of the affairs of which is other• wise decisively controlled by such Germans, or all the capital of which is in the hands of such Germans. . (b) If a right is abrogated as provided in subsection (a), that right shall revert to the person who possessed it immediately before its being vested under this Law or the Trading with the Enemy Ordinance, 1939, or the Absentees' Property Law, 1950, as the case may be, or to his successor. (c) If a power is withdrawn as provided in subsection (a), that power or a power corresponding to if shall be conferred upon a person appointed in that behalf by the Minister, on such conditions as he may prescribe and in accordance with such directions as he may give. (d) If, for the purposes of this section, the question arises whether certain vested property served exclusively as a place of religious worship, this question shall be decided by the Minister of Religious Affairs, whose decision shall be final. Rules of 17. (a) If the Custodian certifies in writing that a person or body of persons is evidence. German, that person or body of persons shall, so long as the contrary is not proved, be considered as German. (b) If the Custodian certifies in writing that certain property is German property, that property shall, so long as the contrary is not proved, be considered as German. (c) A copy certified by the Custodian of an entry in his books or official files or of any other document in his possession shall be accepted, in any action or other legal proceeding, as prima facie evidence of the correctness of its contents. (d) A written confirmation of the Custodian concerning matters within the scope of his functions shall, unless the court otherwise directs, be accepted in any action or other legal proceeding as prima facie evidence of the facts stated in the confirmation. (e) The Custodian and his inspectors, agents and officials are not bound to produce in any action or other legal proceeding any book, file or other document the contents of which can be proved in accordance with this section and are not bound to testify on matters which can be proved by a confirmation of the Custodian as specified in this section, except if the court otherwise directs. (f) The Custodian shall not be questioned as to the source of the information which induced him to give a confirmation under this Law, except if the court, for a special reason, otherwise directs. 148 (g). Any certificate, confirmation, permit or other document purporting to be signed, issued, given or delivered by' the Minister or the Custodian shall be considered, so long as the contrary is not proved, to be so signed, issued, given or delivered. 18. (a) Upon the transfer of any property under this Law or the abrogation of a Remuneration right or the withdrawal of.a power in respect of any property under section 16, and expenses of Custodian. a remuneration of five per cent of thé value of the property is due to the State from the German; but the Minister may, in a particular case or a particular class of cases, reduce or waive the remuneration. (b) For the purpose of fixing the remuneration, there shall be considered as the value of property of the category of immovable property the official value of that property within the meaning of section 12, and as the value of other property, the price which in the opinion of the Custodian it would have been possible to obtain for it if, at the time of fixing the remuneration, it had been sold on the free market by a willing seller to a willing buyer; if the property (whether it is of the category of immovable property or other property) is sold by the Custodian, the price at which it is actually sold shall be considered as its value. (c) Besides the remuneration, there are due to the State from the" German or the owner of the property, as the case may be, any expenses (including travel• ling expenses, costs of legal proceedings, the remuneration of advocates, agents or other persons employed by the Custodian in connection with the property) incurred by the Custodian or with his consent, or which he has undertaken to incur, in connection with German property or property which he considered to be German property, for the purpose of its safeguarding, maintenance, repair, devel• opment or other similar purposes, plus interest at the rate of six per cent per annum from the day on which the expenses were incurred. (d) The payments due under this section shall be a charge on all the property of the German or the owner of the property, as the case may be, which charge shall have priority over any other charge; if that property includes moneys, the Custodian may deduct therefrom the amount of the payments. Payment of 19. (a) To the extent that there are in the hands of the Custodian moneys which expenses etc. are German property within the meaning of section 2 (e) (1), or which are dealt to the with like Buch German property, the Custodian shall, out of these moneys, pay Custodian of Enemy Prop• to the Custodian of Enemy Property, at the latter'B demand, the fees, expenses erty, the Cus• and other payments due to him in connection with that property or other property todian of Ab• sentees' Prop• of the owner of that property. . erty and the Administrator (b) To the extent that there are in the hands of the Custodian moneys which Oeneral. are German property within the meaning of section 2(e) 2 or which are dealt with like such German property, the Custodian shall, out of these moneys, pay to the Custodian of Absentees' Property, at the latter's demand, the rémunérat|ion, expenses and other payments due to him in connction with that property or other property of the owner of that property. (c) To the extent that there aire in the hands of the Custodian moneyB which are German property, in respect of which an order h&B been made under section 35 of the Administrator General Ordinance, 1944'), or. which are dealt with like such German property, the Custodian shall, out of these' moneys, pay to the Administrator General, at the latfterf "demand, the fees? expenses afhd other pay• ments due to him in connection with that property or ojjher property, of the owner of that property. i) P.O. No. 1380 of the 28th December, 1944, Suppl. I, p. 151 (English Edition). 149 (d) So long as the payment! under subsection (a), ,(h) or (c) has not been effected, it shall be a charge on all the property, of the owner of the property concerned, which charge shall have priority over any other charge, including a charge under section 18 (d). Fees. 20. The Minister may, by order published in Reshumot, prescribe fees payable in respect of certificates, confirmations, peimits or other documents, or any other acts, of the Custodian under this Law. Report to 21. The Minister shall, within.three months from the expiration of each financial Finance year, submit to the Finance Committee of the Knesset a report on the activities Committee of the carried on under this Law. Knesset. Offences. 22. (a) A person who does one of the following: (1) contravenes one of the provisions of section 15 (a); (2) conceals German property from the Custodian or fails to hand over to him property which he is bound to hand over to him; (3) wilfully delivers to the Custodian or to one of his inspectors, agents or officials a declaration or any information which is false in a material particular, is liable to imprisonment for a term not exceeding two years or to a fine not exceed• ing five hundred pounds or to both such penalties. (b) A person who does one of the following: (1) fails to deliver to the Custodian or to one of his inspectors, agents or officials any return, account, notification or other document, or any infor• mation, which he is bound to deliver under this Law; (2) knowingly delivers to the Custodian or to one of his inspectors, agents or. officials- a declaration or any information which is false in a material particular; (3) wilfully obstructs the -Custodian or one of his inspectors, agents or officials in the exercise of any of their functions under this Law, is liable to imprisonment for a term not exceeding six months or to a fine not exceed ing one hundred pounds or to both such penalties. (c) If a body of persons is guilty of an offence under this section, any person who at the time of the offence was the head, or a secretary, trustee, director or manager or the chief or sole accountant of that body shall be likewise guilty of the offence unless he proves that it WBB committed without his knowledge or that he took all appropriate steps to prevent it. (d) No action shall be brought in respect of an offence under this section except by the Attorney General or with his written consent. Notices etc. 23. (a) Any notice, demand or direction which the Custodian is bound or authorised to give or make under this Law shall, if sent by registered post to the person to whom it is addressed, be considered, so long as the contrary is not proved, to have been delivered to that person at the expiration of ten days from the day on which it was delivered to the Post Office for despatch. (b) The Custodian may deliver any notice, demand or direction as specified in subsection (a) by publishing it in Reshumot, anil he is not bound to indicate in the notice, demand or direction the name of the person to whom it is addressed. (c) Any notice, demand or direction under this Law published in Reshumot shall be considered to have been delivered to all concerned at the expiration of five days from the day' of publication. 150 24. The Minister is charged with the implementation öl this Law and may make Implementa- regulation s as to any matter relating to its implementation. • reflations. DAVID BEN-GURION ELIEZER KAPLAN Prime Minister Minister of Finance YOSEF SPRINZAK . Chairman of the Knesset Acting President of the State No. 62 DEVELOPMENT AUTHORITY (TRANSFER OF PROPERTY) LAW, 5710—1950* . J. In this Law — Interpreta- Jon. "property" includes immovable and movable property, and rightB and interests. of any kind whatsoever; "urban land" means property situate within any town-planning area and not included in a regional planning area; "land passing into public ownership" means immovable property other than urban land, and urban land which the Government, for the purposes of this Law, has declared to be. immovable property assigned for the housing of immigrants, popular housing, or development purposes. 2. (a) The Government may, by order published in Rcshumot, appoint a body of Development persons to be an Authority for the Development of the Country (in this Law called: Authority. "the Development Authority"). (b) The Development Authority shall be a corporate body and shall be authorised to enter into contracts, to possess and acquire property and to be a party in any legal or other proceeding. (c) If the Development Authority ceases to hold office, its powers, rights and liabilities shall pass automatically to the Minister of Finance; if another body of persons is appointed to be the Development Authority, the said powers, rights and liabilities shall pass automatically to it, and so on from one Development Authority to another. 3. The Development Authority is competent — Powers. (1) to buy, rent, take on lease, take in exchange or otherwise acquire property; (2) to build, erect, pave, alter, repair, complete, improve, develop, carry on, maintain, manage, operate or regulate buildings, ways, roads, railways, bridges, canals, mines, lines of communication, ports, airfields, factories, irrigation, schemes, afforestation schemes, electric power plants, transport enterprises, waterworks, settlement schemes, housing schemes and other undertakings; (3) to develop, complete, meliorate, merge,.cultivate and reclaim property; (4) to sell or otherwise dispose of, let, grant leases of, and mortgage property; provided that — • Passed by the Knesset on the 17th Av, 5710 (31st July, 1950) and published in Sc/er HorChukkim No. 57 of the 25th Av, 5710 (9th August, 1950); the Bill and an Explanatory Note were published in BaUa'ot Chok No. 25 of the 17th Kislev. 5710 (8th Deoember, 1949), p. .23. . 151 (a) the Development Authority shall not be authorised to sell, or otherwise transfer the right of ownership of, property passing into public ownership, except to the State, to the Jewish National Fund, to an institution approved by the Government, for the purposes of this paragraph, as an institution for the settlement of landless Arabs, or to a local authority ; the right of owner• ship of land so acquired may not he re-transferred except, with the consent of the Development Authority, to one of the bodies mentioned in this sub• paragraph; (!>) the Development Authority shall not be authorised to sell immovable property not being land passing into public ownership, unless such property has first been offered to the Jewish National Fund, and the Jewish National Fund has not agreed to acquire it within a period fixed by the Development Authority; (c) the total area of immovable property, not being land passing into public ownership, which the Development Authority may sell, or the right of ownership Of which it may otherwise transfer, shall not exceed 100,000 dunams, but immovable property acquired by any of the bodies mentioned ,.in subparagraph (a) shall not be taken into account for the purposes of this subparagraph; (rf) the sale, or the transfer of the right of ownership in any other way, of immovable property, being land passing into public ownership or other immovable property, shall be effected by decision of the Government in each individual case; (5) to borrow or lend moneys, to obtain or grant crédits, and to guarantee debts or contracts of other persons ; (6) to establish, join, or initiate or encourage the establishment of, companies, cooperative societies, partnerships and other bodies ; (7) to act as guardian, curator, trustee, agent or attorney of any person ' - and in respect of any matter; (8) to employ agents, officials and other employees and to prescribe their con• ditions of service; (9) to do anything necessary for the exercise of any of its powers ; (10) to exercise any of its powers together or in partnership with the organs of the State, the Jewish .Agency, the Jewish National Fund, local authorities, companies, cooperative societies and other bodies or persons. Beport. 4. The Government shall submit to the Knesset, at least once every four months, a report on the activities of the Development Authority. Budget. g ' The budget of the Development Authority shall be fixed by a Law of the Knesset; the Development Authority shall not incur' any expenditure or assume any financial liability unless such expenditure or liability is suitably provided for in the budget so fixed or has: been'approved, upon the recommendation of the Eco• nomic Committee, by the Finance Committee of thé Knesset. Notwithstanding anything contained in any other law, memorandum of as ־ _General g authorisation to sell eto. sociation, articles of association or other document, and irrespective of any prohibi tion or restriction arising therefrom,, any person — including the State, a local authority, the Custodian of Enemy Property (within the meaning of the Trading with the Enemy Ordinance, 19391), the Administrator General (within the meaning of the Adminstrator General Ordinance, 19442), a company, a cooperative society, a trustee, the administrator of an estate, and a guardian, curator, or other person 1) P.O. No. 923 of the 5th September, 1939, Suppl. I, p. 95 (English Edition). 2) P.O. No. 1390 of the 28th December, 1944, Suppl. I, p. 151 (English Edition). ... 152 representing a legally incompétent person — entitled to any property may sell or otherwise transfer such property to the Development Authority and enter for thi3 purpose into any such agreement as may be required. 7. The sale, or disposa! in any other manner, to 'he Development Authority of Right of property of the category of immovable property shall not be a basis for any claim pre-emption etc. not to under the provisions of the third chapter of the ninth book of the Mejelle or the apply. provisions of section 41, 42, 44 and 10 of the Ottoman Land Law, notwithstanding anything contained in such provisions. •The Minister of Finance is charged with the Jmplementatiou of this Law and Jmplcmenta 8־ may make regulations as to any matter relating to its implementation. tion. DAVID BEN-GURION ELIEZER KAPLAN Prime Milliliter Minister of Finance YOSEF SPRINZAK Chairman of the Knesset Acting President of the State No. 63 EMERGENCY REGULATIONS (SECURITY ZONES) (EXTENSION OF VALIDITY) LAW, 5710—1950* 1. The validity of the Emergency Regulations (Security Zones), 5709—1949'), Extension of as amended by the Schedule to this Law, is hereby extended until the 24th Shevat, validity. 5711 (31st January, 1951). 2. The amendment of the said Regulations does not affect any order or other Saving, act made or done thereunder before the coming into force of this Law. 3. The Minister of Defence may, at any time, repeal the said Regulations by Eight of order published in Reshumot. repeal. 4 This Law shall come into force on the 17th Av, 5710 (31st July. 1950). Commence ment. SCHEDULE (section 1) The Emergency Regulations (Security Zones), 5709—1949, shall be amended as follows: — Regulation 2 shall be re-marked as subregulation (a), and the following sub- regulation shall be inserted thereafter: * Passed by the Knesset on the 17th Av, 5710 (31st July, 1950) and published in Sefer Ha-Chukki»t .No. 57 of the 26th Av, 5710 (9th August. 1950), p. 280; the Bill and an Explanatory Note were published in Batza'ot Cliok No. 50 of the 29th Tammuz, 5710 (l-Hli July, 1950), p. 208. l) Safer Ba-Chukkim No. 17 of the 8th Av, 5709 (3rd August, 1949), p. 136. 153 "(b) An order under subregulation (a) made after the coming into force of the Emergency Regulations (Security Zones) (Extension of Validity) Law, 5710— 1950, shall be brought before the Foreign AffairB and Security Committee of the Knesset within ten days from the day of its publication in Reshumot; and the Committee may, by decision published in Reshumot, rescind-at any time an order as aforesaid.". DAVID BEN-GURION DAVID BEN-G URION prime Minister Minister of Defence YOSEF SPRINZAK Chairman of the Knesset Acting President of the State No. 64 NAZIS AND NAZI COLLABORATORS (PUNISHMENT) LAW, 5710—1950* Crimes 1 (a) A person who has committed one of the following offences — against the Jewish (1) done, during the period of the Nazi regime, in an enemy country, an people, act constituting a crime against the Jewish people; crimes against (2) done, during the period of the Nazi régime, in an enemy country, an humanity and war crimes. act constituting a crime against humanity; (3) done, during the period of the Second World War, in au enemy country, an act constituting a war crime, is liable to the death penalty, (b) In this section — "crime against the Jewish people" means any of the following acts, committted with intent to destroy the Jewish people in whole or in part: (1) killing Jews; (2) causing serious bodily or mental harm to Jews; (3) placing Jews in living conditions calculated to bring about their physical destruction ; (4) imposing measures intended to prevent births among Jews ; (5) forcibly transferring Jewish children to another national or religious group; (6) destroying or desecrating Jewish religious or cultural assets or values; (7) inciting to hatred of Jews; "crime against humanity" means any of the following acts: murder, extermination, enslavement, starvation or deportation and other inhumane acts committed against any civilian population, and persecu• tion on national, racial, religious or political grounds; "war crime" means any of the following acts: murder, ill-treatment or deportation to forced labour or for any other Passed by the Knesset on the 18th Av, 5710 (1st August, 1950) and published in Sefer Ha-Chukkim No. 57 of the 26th Av, 5710 (9th August, 1950). p. 281; the Bill and an Explanatory Note were published in Hatza'ot Chok No. 36 of the 11th Adar, 5710 (28th February, 1950), p. 119. 154 purpose, of civilian population of or in occupied territory; murder or ill-treatment of prisoners of war or persons on the seas; killing of hostages; plunder of public or private property; wanton destruction of cities, towns or villages; and devastation not justified by military necessity. 2. If a person, during the period of the Nazi régime, committed in an enemy Crimes country an act by which, had he committed it in Israel territory, he would have against persecute it become guilty of an offence under one of the following sections of the Criminal Code, persons. and• he committed the act against a persecuted person as a persecuted person he shall be guilty of an offence under this Law and be liable to the same punishment to which he would have been liable had he committed the act in Israel, territory : (a) section 152 (rape, sexual and unnatural offences) ; (6) section 153 (rape by deception) ; (c) section 157 (indecent act with force, etc.) ; (d) section 188 (child stealing) ; (e) section 212 (manslaughter) ; (/) section 214 (murder); (g) section 222 (attempt to murder) ; (h) section 235 (acts intended to cause grievous harm or prevent arrests) ; (i) section 236 (preventing escape from wreck) ; (/) section 238 (grievous harm); (k) section 240 .(maliciously administering poison with intent to harm); (/) section 256 (abducting in order to murder) ; (m) section 258 (abducting in order to subject person to grievous hurt) ; (ri) section 288 (robbery and attempted robbery) ; (o) section 293 (demanding property with menaces with intent to steal). 3_ (a) A person who, during the period of the Nazi regime, in an enemy country, Membership in enemy was a member of, or held any post or exercise_d any function in, an enemy organisa• organisation. tion is liable to imprisonment for a term not exceeding seven years. (b) In this section, "enemy organisation" means — (1) a body of persons which, under article 9 of the Charter of the Interna• tional Military Tribunal, annexed to the Four-Power Agreement of the 8th August, 1945, on the trial of the major war criminals, has been declared, by a judgment of that Tribunal, to be a criminal organisation; (2) any other body of persons which existed in an enemy country and the object or one of the objects of which was to carry out or assist in carrying out actions of an enemy administration directed against persecuted persons. 4. (a) A person who, during the period of the Nazi régime, in an enemy countiry Offences in and while exercising some function in a place of confinement on behalf'of an enemy places of confinement administration or of the person in charge of that place of confinement, committed in that place of confinement; an act against a persecuted person by which, had he committed it in Israel territory, he would have become guilty of an offence under one of the following sections of the Criminal Code, shall be guilty of an offence under this Law and be liable to the same punishment to which he would have been liable had he committed the act in Israel"territory : 155 (1) section 100 (c) (threatening violence); (2) section 162 (procuring defilement of females by threats, fraud or administering, drugs) ; (3) section 241 (wounding and similar acts) ; (4) section 242 (failure to supply necessaries) ; (5) section 249 (common assault) ; (6) section 250 (assault causing actual bodily harm) ; (7) section 261 (unlawful compulsory labour) ; (8) section 270 (theft). (b) "Place of confinement", in this'section, means any place in an enemy country which, by order of an enemy administration, was assigned to persecuted persons, and includes any part of such a place. Delivering up 5. A person who, during the period of the Nazi régime, in an enemy country, persecuted person to was instrumental in delivering up a persecuted person to an enemy administration, enemy is liable to imprisonment for a term not exceeding ten years. administra• tion. Black• 6, A person who, during the period of the Nazi régime, in an enemy country, mailing persecuted received or demanded a benefit — persona. (a) from a persecuted person under threat of delivering up him or another persecuted person to an enemy administration ; or (6) from a person who had given shelter to a persecuted person, under threat of delivering up him or the persecuted person sheltered by him to an enemy administration, is liable to imprisonment for a period not exceeding seven years. Application 7, The provisions of the First Part of the Criminal Code shall, save as this Law of General otherwise provides, apply to offences under this Law. Criminal Code. Certain 8, Sections 16,• 17, 18 and 19 of the Criminal Code shall not apply to offences sections not to apply. under this Law. Res 9, (a) A person who has committed an offence under this Law may be tried in judicata. Israel even if he has already been tried abroad, whether before an international tribunal or a tribunal of a foreign state, for the same offence. (b) If a person is convicted in Israel of an offence under this Law after being convicted of the same act abroad, the Israel court shall, in determining the punish• ment, take into consideration the sentence which he has served abroad. Belease from 10. If a persecuted person has done or omitted to do any act, such act or omission criminal constituting an offence under this Law, the Court shall release him from criminal responsibility. responsibility — (a) if he did or omitted to do the act in order to save himself from the danger of immediate death threatening him and the court is satisfied that he did his best to avert the consequences of the act or omission; or (b) if he did or omitted to do the act with intent to avert consequences more serious than those which resulted from the act or omission, and actually averted them; however, these provisions shall not apply to an act or omission constituting an offence under section 1 or 2(f). 156 11. In determining the punishment of a person convicfed of an offence under this Extenuating Law, the court may^take into account, as grounds for mitigating the punishment, circum• stances. the following circumstances : (a) that the person committed the. offence under conditions which, but for Bection 8, would have exempted him from criminal responsibility or constituted a reason for pardoning the offence, and that he did his best to reduce the gravity of the consequences of the offence; (b) that the offence was committed with intent to avert, and was indeed cal• culated to avert, consequences more serious than those which resulted from the offence; however, in the case of an offence under section 1, the court shall not impose on the offender a lighter punishment than imprisonment for a term of ten years. 12. (a) The rules of prescription laid down in the !Fifth Chapter of the Ottoman Prescription. Code of Criminal Procedure shall not apply to offences under this Law. (b) No person shall be prosecuted for an offence under this Law, except an offence under section 1 or 2(f), if twenty years have passed since the time of the offence. 1 General 13. The provisions of the General Amnesty Ordinance, 5709—1949 ), shall not amnesty -apply to offences under this Law. not to apply. 14. A prosecution for an offence under this Law may only be instituted by the Institution of prosecu• Attorney General or his representative. tion. 15. (a) In an action for an offence under this Law, the court may deviate from Evidence. the rules of evidence if it is satisfied that this will promote the ascertainment of the truth and the just handling of the case. (b) Whenever the court decides to deviate, under subsection (a), from the rules of evidence, it shall place on record the reasons which prompted its decision. 1(}. In this Law — Interpreta• tion. "the period of the Nazi régime" means the period which began on the 3rd Shevat, 5693 (30th January, 1933) and ended on the 25th Iyar, 5705 (8th May, 1945); .. , "the period of the Second World 'War" means the period which began on the 17th Blul, 5699 (1st September, 1939) and ended on the 5th Elul, 5705 (14th AugUBt, 1945); "the Allied Powers" means the Btates which signed the Declaration of the United Nations of the 1st January, 1942, or acceded to it during the period of the Second World War ; "Axis state" means a Btate which during the whole or part of the period of the Second World War was at war with the Allied Powers; the period which began on the day of the beginning of the state of war between a particular Axis state and the first, in time, of the Allied Powers and ended on thé day of the cessation of hostilities between that state and the last, in time, of the Allied Powers, shall be considered as the period of the war between that state and the Allied Powers ; "enemy countfry" means —r• (a) Germany during the period of the Nazi régime ; (b) any other Axis state during the period of the war between it and the Allied Powers; i) I.R. No. 50 of,the. 12th Shevat, 5709 (11th February, 1949), Suppl. I, p. 173; .157 ' (c) any' territory which, during the whole or part of the period of the Nazi regime, was de facto under German rule, for the time during which it was de facto under German rule as aforesaid; {d) any territory which was de facto under ,the rule of any other Axis state during the whole or part of the period of the war between it and the Allied Powers, for the time during which that territory was de facto under the rule of that Axis state as aforesaid; "enemy administration" means the administration which existed in an enemy country; "persecuted person" means a.person belonging to a national, racial, religious or political group which was persecuted by an enemy administration; "the Criminal Code" means the Criminal Code Ordinance, 19361). Implements- \H The Minister of Justice is charged with the implementation of this Law. tion. DAVID BEN-GCRION PINCHAS ROSEN Prime Minister Minister of Justice YOSEF SPRINZAK, Chairman of the Knesset Acting President of the State No. 65 MARRIAGE AGE LAW, 5710—1950* Interpreta• tion'. 1/ In this Law — "marriage" (nwu'tu.) includes celebration of marriage, and the verb "marry" (naso), in all its forms, shall be construed accordingly; "welfare officer" means a person appointed by the Minister of Social Wefdare to be a welfare officer for the purposes of this Law. "woman under marriage age" (na'ara) means a female person under the age of seventeen years completed; OSences. 2 A person who — (a) marries a woman under marriage age; or (b) celebrates, or in any capacity assists at or in connection with the celebra• tion of, the marriage of a woman under marriage age ;or (c) gives away in marriage a woman under marriage age, being his daughter or ward, * shall be liable to imprisonment for a term not exceeding two years or to a fine not exceeding six hundred pounds or to both such penalties. Ground for action for 3. (a) Where a marriage which according to the law applicable to matters of dissolution personal status of the parties is valid has been celebrated in contravention of sec• of marriage. tion 2, the fact of its having been so celebrated shall be a ground for an action for l) P.O. No. 652 of the 14th December, 1936, Suppl. I, p. 285 (English Edition). LSI vol. II, p. 115. *. Passed by the Knesset on the 18th Av, 5710 (1st August, 1950) and published in Safer Ba-Chukkim No. 57 of the 25th Av, 5710 (9th August, 1950), p. 286. 158 its dissolution by way of letter of divorce (get), annulment or in any other manner, as the law applicable to matters of personal status of the parties may provide. (b) An action for the dissolution of a marriage on the ground mentioned in subsection (a) may be filed by the wife or one of her parents or guardians or a welfare officer. (c) Where an action for the dissolution of a marriage on the ground mentioned in subsection (a) is filed otherwise than by a welfare ofiicer, and the wife is under the age of eighteen years completed at the time of its being filed, and a welfare officer is of the opinion that the hearing of the action is a matter of general interest, such welfare officer may, at his discretion, appear at the hearing and plead thereat. (d) No action for the dissolution of a marriage on the grounds mentioned in subsection (a) shall be entertained unless — (1) it is filed by the wife while she is under the age of nineteen years completed; or (2) it is filed by one of the wife's parents or guardians or a welfare officer while the wife is under the age of eighteen years completed. 4.. In determining the punishment of a person convicted of an offence under Extenuating circum• paragraph (0) of section 2, the Court shall take into account, as a ground for stances. mitigating the punishment, the fact that — (0) such person has, upon the wife's demand, dissolved the marriage in accordance with the provisions of the law applicable to matters of personal status of the parties; or (b) such person has abided by a judgment of competent court or tribunal for dissolution of the marriage. 5. (a) Where a woman under marriage age has borne child to a man or is Permission pregnant by him, the district court in whose area of jurisdiction the place of for marriage of woman residence of the woman is situated may, on the application of the woman or of one of under her parents or guardians or of the man, permit her marriage to that man. marriage age. (b) The provisions of section 2 shall not apply where a marriage of a woman under marriage age is celebrated for which permission has been granted under subsection (a). 6. The Criminal Code Ordinance, 1936!), shall be amended as follows: Amendment of (a) In section 182 — Criminal , Code (1) the colon and dash after the words ' Any person who" shall be Ordinance, deleted; 1936. (2) the mark (a) at the beginning of paragraph (a) shall be deleted; (3) the semicolon and the word "or" at the beginning of paragraph (a) shall be replaced by a comma; (4) paragraph (6) and (c) shall be repealed; (b) section 183 shall be repealed. . 7. The Minister of Justice is charged with the implementation of this Law. Implementa• tion. DAVID BEN-GURION PINCHAS ROSEN Prime Minister Minister of Justice YOSEF "SPRINZAK Chairman of the Knesset Acting President of the Stale 1) P.O. No. 652 of the 14th December, 1936, SuppL I, p. 285 (English Edition). 159 No. 66 EMERGENCY REGULATIONS (TRAFFIC OFFENCES- MILITARY PERSONNEL) EXTENSION OF VALIDITY (No. 3), 5710—1950* Extension of The validity of the Emergency Begufations (Traffic Offences — Military validity. Personnel), 5709-49491) is hereby extended until the 26th Iyar, 5711 (1st June, 1951). " Commence• 2. This Law shall come into force on the 19th Elul, 5710 (1st September, 1950). ment. DAVID BEN-G DBION DAVID BEN-G UBION Prime Minuter Minister of Defence YOSEF SPBINZAK Chairman of the Knesset Acting President of the Slate i No. 67 SUCCESSION ORDINANCE (AMENDAIENT) LAW, 5710—1950** Amendment The Succession Ordinance2) shall be amended by the addition of the following of Ordinance. paragraph at the end of section 4 (iii): "(d) to the extent that the operative law contains a rule according to which the whole or part of the estate passes to someone who is not a relative of the deceased by blood, marriage, affinity or adoption, that rule shall not be followed.". Application. 2. Paragraph (d) of section 4 (iii) of the Succession Ordinance shall apply to every succession the distribution of which a court has ordered after this Law came into force, whether the deceased died before this Law came into force or thereafter. DAVID BEN-G URION PINCHAS ROSEN Prime Minister Minister of Justice YOSEF SPBINZAK Chairman of the Knesset Acting President of the State * Passed by the Knesset on the 19th Av, (2nd August, 1950) and published in Sefer Ha-Chukkim No. 57 of the 26th AT, 5710 (9th August, 1950), p. 287. 1) Sefer Ha-Chukkim No. 30 of the 10th Tevet, 5710 (30th December, 1949),p. 36. ** Passed by the Knesset on the 26th Av, 5710 (9th August, 1950) and published in Sefer Ha-Chukkim No. 58 of the 5th Elul. 5710 (18th August, 1950), p. 290; tho Bill and an Explanatory Note were published in HaUa'ot Chok No. 47 of the 4th Tammuz, 5710 (19th June. 19S0), p. 187. 2) Laws of Palestine vol. II, cap. 135, p. 1378 (English Edition). 160 No. 68. EMERGENCY REGULATIONS (ARMY CODE, 5708) (EXTENSION OF VALIDITY) (No. 2) LAW, 5710—1950* J. The validity of the Emergency Regulations (Army Code, 5708), 5708—1948!), Extension with the amendments set out in Schedule to this Law, is'hereby extended until of validity, the 26th Iyar, 5711 (1st June, 1951). 2. The amendmeut of the said Regulations shall not affect any judgment Saving, which was given or any other act which was done thereunder before this Law came into force. 3. (a) Every place which immediately before the date of the amendment was Transitional used as a military prison or a military detention camp or a military guard-room provisions, is deemed to have been appointed to be so used in pursuance of an order under regulation 179 of the amended law. (b) A trial which was begun before a court consisting of an even number of judges before the date of the amendment and which is pending on that date shall be continued by the same court, as if regulation 29 of the Army Code, 5708, had not been amended by this Law. (c) For the removal of doubt it is hereby declared that from the date of the amendment onwards the provisions of the amended law shall apply to the following acts done under the Army Code, 5708: (1) a warrant of arrest which was issued or extended before the date of the amendment; (2) a preliminary inquiry which was begun before the date of the amend• ment ; (3) an appeal which was filed before the date of the amendment; (4) the carrying out of a judgment which was given or a penalty which was imposed before the date of the amendment. (d) In this section — "the date of the amendment" means the date on which this Law comes into force; "the amended law" means the Army Code, 5708, as amended by the Schedule to this Law. A This Law shall come into force on the 19th Elul, 5710 (1st September, 1950). Commence- ment. SCHEDULE (section 1) The Army Code, 5708, shall be amended as follows: (a) in regulation 2, in the definition of "soldier", the full stop at the end shall be replaced by a comma, and thereafter shall'be inserted the words: "and anyone who is in the custody of the Army under this Code"; .(6) in regulation 3, after the full stop, the following paragraph shall be inserted: "This regulation shall not be construed as derogating from the provisions of the Army Code, 5708, which apply to non-soldiers."; * Passed by the Knesset on the 26th Av, 5710 (9th August, 1950) and published in Sefer Ua-Chukkim No. 58 of the 5th Elul, 5710 (18th August, 1950), p. 290. l) I.B. No. 20 of the 4th Elul, 5708 (8th September, 1948), Suppl. II, p. 105; Sefer \ Ha-Chukkim No. 28 of the 16th Kislev, 5710 (7th Deoember. 1949) p. 17; tuvra. p. 14. 161 (e) regulation 8A shall be replaced by the following regulations: "Application 3A. Where a person has been received into the Army under the of Code until discharge Army Regulations existing from time to time, this Code shall apply from the to him so long has he has not; been discharged from the Army in Army. accordance with the regulations binding in the Army at the time. Application 3B (a) Where a person has committed an offence under this of Code to person Code while being a soldier, and he has ceased to be a soldier, who has this Code, except chapter II of part II, shall apply to him as to ceased to be a soldier; any matter relating to his criminal responsibility for that offence, and it shall be lawful to detain, examine and try him, to carry out the judgment and to do any other act as if he continued to be soldier. ' (b) Where an information in respect of the offence imputed to a person as aforesaid has not been filed with an Army Court until the expiration of one hundred and eighty days from the determining date, this Code shall cease to apply to him in respect of that offence. (c) la calculating the period of one hundred and eighty days from the determining date, any period subsequent to that date in which that person was outside the area in which the law of the State of Israel applies shall not be taken intb account. (d) In this regulation, "the determining date" means the day on which the person ceased to be a soldier. Application 3C. (&) Where a person belongs to the reserve forces of the Army of Code to reserve (such a person being in this regulation referred to as a "reserv• forces. ist"), this Code shall apply to him— (1) in respect of any offence which he has committed in the service; • (2) in respect of an offence which he has committed otherwise than in the service if he did the act which constitutes the offence, or did hot do the act the omission of which constitutes the offence, in consequence of his being a reservist and he was bound to refrain from the act or omission nnder regulations which have been made by the Minister of Defence with the object of safeguarding the orderly functioning of the reserve forces and the Army property delivered to reservists. (b) Where an information in respect of an offence imputed to a reservist has not been filed with an Army court until the expiration of one hundred and. eighty days from the day of the termination of the service, this Code shall cease to apply to him in respect of that offence. (c) In calculating the- period of one hundred and eighty days subsequent to the day of the termination of the service, as referred to in subregulation fl>), any period subsequent to that day in which the reservist was .outside the area to which the law of the State of Israel applies shall not be taken into account. (d) A reservist shall not be tried by a commander qualified to be a judge unless he is in the service and the complaint against him, in respect of the offence in question has been notified to him before the expiration of forty-five days from the day of the termina• tion of the service. 183 (e) Where a reservist has ceased to belong to the reserve forces of the Army, regulation 3B shall apply to him, and the determining date shall, in regard to him, be taken to be the earlier of the following two dates; (1) the day on which he ceased to belong to the reserve forces of the Army; (2) the day of the termination of the service. (f) Notwithstanding anything in any other regulation — (1) a commander qualified to be a judge may award in respect of a reservist a fine of an amount not exceeding twelve pounds or, if he is a battalion commander or a commander of a rank higher than battalion commander, a fine of an amount not exceeding thirty-six pounds; (2) a judgment of a commander qualified to be a judge which imposes upon a reservist a fine or requires him to pay damages shall be executed in the manner pre scribed in this Code for the carrying out of a judgment of a court. (g) In this regulation, "the day of the termination of the service" means — (1) in the case of an olfence which has been committed in a particular service — the day of the termination of that service; (2) in the case of an offence which has been committed otherwise than in the service — the day of the termi nation of the first service in which the reservist served after he committed the offence. judgment ״ ,Appeal to 3D. (a) Where, in the High Court of the Army Supreme Court. has been given confirming the conviction of a reservist for an offence as specified in regulation 3C (a) (2), the reservist is en titled, within fifteen days from the day of the reading of the judg ment under regulation 155, to appeal against the judgment to the Supreme Court sitting as a Court of Criminal Appeal on the ground that he did the act which constitutes the offence; or did not do the act the omission of which constitutes the offence, other wise than in consequence of his being a reservist. (b) The Supreme Court may confirm or quash the conviction. (c) The procedure in an appeal under this regulation shall be the same as the procedure in an appeal to the Supreme Court sitting as a Court of Criminal Appeal against a convicting judg ment given by a district court. The Attorney General shall be the respondent in the appeal. (d) A judgment appealable under this regulation is not) subject to confirmation unless — (1) the period of appeal has elapsed and an appeal has not been lodged; (2) an appeal has been lodged and the Supreme Court has confirmed the conviction.". (d) Ii regulation 8, paragraphs a and b, appearing between the words "within the following limits r,f competence" and the words "I'lovided that every accused person" shall be replaced by the following paragraph: lfiS "Offences For offences under regulations 77 , 78, 79, 80, 81, 82, 88, 89 and within the competence '.)6 and for offences under regulations 91 and' 92 punishable with of a imprisonment for a term not exceeding one year, and, if the commander judge is of the rank of battalion commander or of a rank higher competent to be a than battalion commander, also for offences under regula and for an offence under regulation׳ (judge. tions 8:), 84 (a) and 90 (a Sii punishable with imprisonment for a term not exceeding three months;"; (p) in regulation 11, in the part dealing with punishments by a battalion commander — (1) the words "or imprisonment" in paragraph e shall be deleted; (2) paragraph f 3hall be replaced by the following paragraph: f. reduction in rank or deprivation of rank, provided that the accused is not of or above the rank of sergeant-major;"; (/) the following regulation Bhall be inserted after regulation 11: "Restrictions 11A. The Chief of Staff may prescribe in writing restrictions on powers ofi commander as to the powers vested in commanders competent to be judges competent in regard to — to be a judge. (a) the category of commanders authorised to exercise the same or the maximum penalty they are authorised to impose; (b) the category of offences, of those enumerated in regulation 8, with which every category of commanders is authorised to deal; (c) the category of soldiers upon whom the penalties prescribed in regulation 11 may be imposed, or the maximum penalty that may be imposed upon each category."; ( (h) regulation 24 shall be repealed; (i) in regulation 29, the words "A case in which, according to the information, the accused may be liable to the maximum penalty shall be heard by four judges, and every other case by three judges" shall be replaced by the words "Every case shall be heard by three or more judges, provided that a court shall not consist of an even number of judges."; (/) in regulation 78, the words "he shall be liable to the penalty of confine ment to camp for a term not exceeding one month" shall be replaced by the words "he shall be liable to the penalty of full detention in camp for a term not exceeding one month"; (k) regulation 80 shall be replaced by the following regulation: Absence 8Q. A soldier who — from service without (o) has absented himself form his service in the Army; or leave. (b) has absented himself from the place where he was legally bound to be at the time, and who has not proved that he had permission or other sufficient justification therefor, 161 shall be guilty of absence from the service without leave and shall be liable to the penalty of imprisonment for a terra not exceeding six months; and if he was in emergency service he shall be liable to the penalty of imprisonment for a terra not exceeding two years."; (1) In regulation 84, paragraph a, the words "shall be liable to the penalty of deprivation of pay or a monetary fine of an amount not exceeding one quarter of the amount of the pay of the sentenced person and for a period not exceeding half a year" shall be replaced by the words "shall be liable to the penalty of imprisonment for a term not exceeding six months."; (m) in regulation 86, the words "shall be liable to the penalty of deprivation of the right of honour service*)" shall be replaced by the words "shall be liable to the penalty of imprisonment for a term not exceeding three months"; (n) regulation 94 shall be replaced by the following regulations: "Desertion. 94. (a) A soldier who has left the service in the. Army with intent not to return to the service or who has absented himself from an Army unit with •intent to evade combat duty, even if he did not intend not to return to the service, shall be guilty of desertion and shall be liable to the penalty of imprisonment for a term not exceeding five years; and if he was in emergency service, he shall be liable to the penalty of imprisonment for a terra not exceeding fifteen years. (b) A soldier who has been absent from his service in the Army without leave for twenty-one consecutive days is, so long as he has not proved the contrary, regarded as a soldier who has •left the service in the Army with intent not to return to the service. * Fraudulent 94A. (a) A soldier who has been received into the Army or enlistment, appointment been appointed to a post• in the Army, and before or after his or discharge. reception into the Army has used false pretences or concealed material particulars in connection with his qualification to be received into the Army or to be appointed to that post shall be guilty of fraudulent enlistment or fraudulent appointment and exceeding two years. (b) A soldier who has obtained his discharge from the Army by using false pretences or by concealing material particulars in connection with his right to discharge from the Army shall be guilty of fraudulent discharge and shall be liable rb the penalty shall be liable to the penalty of imprisonment for a term not of imprisonment for a term not exceeding three years."; (o) in regulation 99, paragraphs g and 1 shall be deleted; (p) the following regulation shall be inserted after regulation 99: Penalties — 99A. (») The Chief of Staff may, with the approval of the miscellaneous provisions. Minister of Defence, lay down in writing instructions as to the modes of carrying out the penalties enumerated in paragraphs i, k and o of regulation 99. (b) A soldier on whom the penalty of imprisonment has been imposed shall undergo his penalty in a military prison or in a military detention camp or in a prison within the meaning of the * I.e. service in a guard of honour, or the'like (Tr.). 165 Prisons Ordinance, 19461), or partly in one of these places and partly in another. (c) A soldier on whom the penalty of detention in camp has been imposed shall undergo his penalty in a military detention camp or in a military guard-room, or partly in 0111• of these places and partly in the other. . (d) Nothing contained in this Code shall be construed as derogating from the power of the Chief of Ktatf or of a commander empowered in that behalf by the Chief of Staff to deprive a soldier of his temporary rank."; (q) In regulation 124, the words "and shall ask the accused or his defence counsel whether he has anything to say in canci llatn.n uf the charge or in mitigation of the penalty" shall be replaced by the words "and -hall ask, first the prosecutor and thereafter the accused or his defence counsel, what he has to say in regard to the measure of the penalty.''; (r) regulation 134 6hall be replaced by the following regulaium: "Arrest of 134. (a) Where there is reason to believe that a soldier has a soldier without a committed an offence under this Code, any sy'.dier ?enior to him f arrest: provided<׳ warrant of in rank may arrest him without a warrant arrest. that a soldier of or above the rank of *eix-nd lieutenant may arrest also a soldier equal or senior to him in rank who parti cipates in a quarrel, a brawl or a disturbance of good order. (b) The above shall not derogate from the provisions of the Criminal Procedure (Arrest and Searches) Ordinance2) or from the powers conferred upon a military policeman under regulation 137. (c) A soldier arrested as aforesaid shall immediately be put in a place of detention and shall be released w !thin twenty-four hours after his arrest unless a warrant of arrest has been issued > against him before then."; (s) in regulation 135 — (1) the words "a warrant of arrest for the purposes of the investigation of an offence" in the opening passage of Biibregiilauon (a) shall be replaced by the words "a warrant of arrest against a soldier suspected of or charged with an offence". (2) the words "to the area commander" in the closing passage of sub- regulation (a) shall be replaced by the words "to a commander who is his superior and whose rank is not below lieutenant-coioncl"; (3) the words "an area commander" in the last line of subregulation (b) shall be replaced by the words "the commander who is his superior and whose rank is not below lieatenant-colonel"; (t) in regulation 136 — (1) the words "for purposes of investigation" shall be deleted; (2) the words "the area commander" in the fifth line shall be replaced by the words "the commander who is his superior and whuse rank is not below lieutenant-colonel"; (tt) in regulation 138 — (1) the full stop at the end of subregulttion (c) shall be replaced by a 1) P.O. No. 1472 of the 5th February, 1946, Suppl. I, p. 9 (English Edition). . 2) Laws of Palestine vol. I, cap. 33, p. 459 (English Edition). 166 comma, and thereafter shall be inserted the words "and the provisions of Bection 8 of the said Ordinance shall apply to any statement recorded therein"; (2) the following subregulation shall be inserted after subregulation (c): "(d) A person who in a preliminary inquiry or in a trial has given evidence on oath which conflicts in a material point with the evidence given by him in an investigation as aforesaid, it having been his intention to deceive the person who held the investigation or the person who took the evidence on oath, shall be guilty of giving penalty of imprisonment ׳ false evidence and shall be liable to the for a term not exceeding two years. A person who is not a soldier shall not be tried for this offence save before a civil court."; («) regulation 142 shall be replaced by the following regulation: "Conduct 142. (a) A military attorney holding a preliminary inquiry (here and effects of preliminary inafter: "investigating attorney") shall begin the inquiry by read inquiry. ing to the accused the charge or charges made against him. (b) Section 15 of the Criminal Procedure (Trial Upon In formation) Ordinance1), except subsection (1) and (2) thereof, and sections 16, 17, 18, 21(1), 22(1), 26 and 27 of that Ordinance shall apply to a preliminary inquiry held by an investigating attorney with the following adaptations: (1) Instead of the words "magistrate" and "magistrate's court" there shall bp read "investigating attorney"; (2) instead of the words "the Chief Justice" and "the At torney General" there shall be read "the Chief Military Attorney"; (3) instead of the •words "court of criminal assize" and "district court" there shall be read "Army court". (c) When the preliminary inquiry has been terminated, the investigating attorney shall transmit his decision to the Chief Military Attorney for approval, and the latter may — (1) confirm the decision; or (2) not confirm the decision and direct in writing one of the following: (a) that further evidence be taken before an investi gating attorney; (b) that an information be filed against the accused in respect of any offence or offences arising from the evidence taken in the preliminary inquiry. (d) Where the charge against the accused has been cancelled, whether under subregulation c(l) or under subregulation c(2), the warrant of arrest issued t against him by a commander qualified to be a judge in connection with the offence with which he was charged shall become void."; (w) the following regulation shall be inserted after regulation 150: "Power of 150A. In 'he appeal stage, the Court may — appeal stage. (a) confirm the judgment and penalty awarded in the first instance; or (i Laws oi Palestine vol. I, cap. 36', p. 475 (English Edition). 167 (b) revise the judgment given in the first instance, either as to the description of the offence proved or as to the section of the law on which the judgment relies, and give such judg ment as in its opinion should have been given by the Court of first instance on the ,strength of the information and the proofs which were before it, and in doing so may impose a lighter or a severer penalty, provided that the Court shall • not impose a severer penalty if only the accused appeals; or (c) quash the judgment given in the first instance and make one of the following decisions: (1) to acquit the accused; (•2) to quash the acquittal, convict the accused and im pose a penally upon him; (3) to remit the case for reirial to a court of first instance wilh the previous or a different composition, with direc tions as to Ihe detention of the accused or such other directions as may be necessary: in this case, the court of first instance shall not be bound to hear all the evidence again, but may use the minutes of the previous trial and hear further evidence, unless the Court in the appeal, stage has otherwise directed."; (:r) in regulation 156 — (1) after Ihe words "in which he is detained" shall be added the words" or by a military policeman of or above the rank of sergeant"; (2) the full stop at the end shall be deleted and shall be replaced by the following: "and by the accused or another witness, as shall be prescribed on a form issued under regulation 170(d)."; (y) in regulation 166, the words "six months from the day of the commission of the offence" shall be replaced by the words "one year from the day of the commission of the offence"; (z) the following regulation shall be inserted after regulation 167: "Official 167A fa) A printed copy of the Orders of the General Staff, .__...״,,,, . . . documents I as evidence. 3r ol mslructions issued by the Chief of Staff in virtue of a special power conferred by the Minister of Justice, which contains an order, decree, instruction or appointment shall be prima facie evidence of the making of the order, decree, instruction or appointment. (b) A certificate purporting to be signed by the Chief of Staff, or by a soldier whom the Chief of Staff has empowered to sign certificates of that kind, attesting to the service or non-service of a person in. the Army or to the date of his enlistment in or discharge from the Army, or to his rank or assignment in the Army, shall bo prima facie evidence of the contents thereof. (c) A document purporting to be a transcript of a stand ing order of any Army unit or a transcript of a register, a diary or any other regular record kept in an Army unit in pursuance of the law or in pursuance of a.usage obtaining in the Army, and to be certified as a correct copy by the commander of the unit or by the person in charge of the keeping of the register, diary or record shall be prima facie evidence of the contents thereof. (d) A certificate purporting to be signed by a police officer or by a military policeman, attesting that a soldier was irá arrested on a particular day and in a particular place shall be prima facie evidence of such fact. (d) A certifícate purporting to be signed by a police officer or by a. military policeman, attesting that a soldier was arrested on a particular day and in a particular place shall be prima facie evidence of such fact. (e) (1) Minutes of a hearing before an Army court purporting to be signed by the presiding judge and kept in the custody of a person charged with the custody thereof shall be admitted as evidence if produced by a person charged with the custody thereof. (2) A transcript of minutes as aforesaid, or of a passage thereof, purporting to be certified as a cor• rect transcript by the person charged with the custody thereof shall be prima facie evidence of the contents thereof."; (ao) in regulation 171, subregulation (a) shall be replaced by the following subregulation: "(a) A commander who approves a second or any further extension of a warrant of arrest under regulation 136, or a president of an area court who issues a warrant of arrest under regulation 137, may do so only after he has obtained the written opinion of a military attorney."; (66) the following chapter shall be inserted after regulation 172: "CHAPTER FIVE — MISCELLANEOUS Arrest of 173. (a) The president of an area court may issue at any time, accused at the time of after the constitution of the Court, a warrant of arrest against the trial. an accused person who has been committed for trial before an area court. (b) The President of the High Court or one of his deputies may issue at any time, after the constitution of the Court, a warrant of arrest against an accused person who has been com• mitted for trial before a special court. (c) A warrant of arrest issued under this regulation shall have effect until the judgment in the first instance has been given, unless it has been cancelled before then. Changes in 174. Where a court has been constituted under this Law, no rank after constitution change which has occurred thereafter in the rank of the judges of of Court. the court or of the accused shall impair the legality of the composi• tion of the court. , Simmons of 175. A witness who is not a soldier shall be summoned by witnesses who are not the Court by means of a summons signed by the president of the soldiers. court or the presiding judge in the manner in which witnesses are summoned in the magistrate's court, with the following modifica• tions : (1) the serving official shall be a soldier; (2) the summons shall be on a form issued under regula• ־ ' .(tion 170(d 160 (bj A ••Witness; who has been: stmimoned •••n* •haa' •appeared .shall/be before the Court until the termination of the trial, unless the Court has otherwise directed. (c) Where a witness who is not a soldier has been sum moned to appear as. aforesaid and has not appeared, and it has been proved to the Court that- he. has been duly summoned, the presiding .,judge may issue to a police officer an order under his :hand ordering, that the witness be arrested and be brought before the.Court. Where the presiding judge is satisfied, on the strength of evidence on oath, that the witness will not answer the summons ' of the Court Unless he is brought, and that his evidence is of im portance in the trial before him, he may issue an order to a police officer to arrest• the witness, and to bring him before the Court even without Bending him a summons as aforesaid. •(d)• An order as specified in subregulation (c) shall, in relation to a police officer and-to any other person, have the effect of a warrant of arrest for the purpose of compelling appearance issued under section 21 of the Criminal Procedure (Trial. Upon Informa tion)• Ordinance. e) In this regulation, "court" and. "presiding- judge" in) '׳, clude an-.investigating attorney,•,and "trial" includes a prelim ״'.'׳•• .inary inquiry Special 176: •W Where a soldier has done one of .the following in respect in matters of af an Army court: ''" courtmPt •CI) on being duly summoned to appear before .the-court! - has not appeared, or has appeared and has left the court before being authorised to do so; - has refused to take an oath or to make a declaration (־; • (2., on affirmation after, being duly required by the* Court to ׳־,'•׳;.'• ' ' ;J do so (3) has refused to furnish a document in his possession after being duly required by the rourt to do so; :.(4) being a witness, has refused to answer a question an answer to which the court is authorised'to require; (5) .has committed contempt of court by using* offensive or threatening'language or by causing a disturbance or interruption in the progress of the hearing, .' -that court may order that he be arrested forthwith, and may examine and try him for that offence, but it shall not impose on him a heavier penalty than full detention- in camp for a term of '.one month „־ ..'־־ (b> A judgment as aforesaid shall not' be subject to approval . and shall be carried out immediately or after the termination of the session of the court, as that court may decide. Where the offender is a witness who has been sentenced for refusing to , comply with a requirement of a court in session, that court may cancel the punishment imposed on him- if- in the ,meantime, before the termination of the trial,., the offender has desisted from, his refusal. '(c) A person who is not a soldier, who has done in respect , of an Army court one of the acts specified in subregulation • (a) shall be charged before a civil court with, contempt of court and- 170 shall be liable to the penalty to which a person is liable who has done the same thing before a civil court. (d) A certificate from the presiding judge addressed to a civil court, in which the presiding judge certifies that a person has done one of the acts referred to in subregulation (a), shall be prima facie evidence of its contents: (e) In this regulation, "(Army) court" and "presiding judge" include an investigating attorney. Mitigation 177. (a) The Chief of Staff may, on the strength of a recom• of penalties. mendation by a penalty review board, mitigate the penalty of a person sentenced by an Army court if that penalty is not heavier than imprisonment for a term of five years, and he may do so again at any time in respect of the mitigated penalty. (b) A penalty review board (in this' regulation: "the board") shall consist of the Chief Military Attorney or his repre• sentative and two commanders of or above the rank of lieutenant- colonel, to be appointed by the Chief of Staff. (c) The board may review any penalty not heavier than im• prisonment for a term of five years imposed by an Army court under a final judgment, and it may, for the purpose of a review of the penalty, use any such material as it may deem right and recommend mitigation of the penalty, and it may do so again at any time in respect of the mitigated penalty. (d) A judgment which the board is authorised to review which imposes a penalty of imprisonment for a term of one year or a heavier penalty shall be presented for review by the board by the Chief Military Attorney once every six months. A judgment as aforesaid imposing a lighter penalty than imprison• ment for a term of one year shall be presented for review by the board whenever the Chief Military Attorney sees fit, but not before the expiration of three months from the day on which the judgment was given final effect. (e) Nothing contained in this regulation shall derogate from a power to pardon offenders and to reduce penalties conferred by any other law. Commissions 178. (a) The Minister of Defence, the Chief of the General of inquiry. Staff and any commander on the General Staff authorised in that behalf by the Chief of Staff may appoint a commission of inquiry for the purpose of inquiring into any matter affecting the Army. (b) Every commander of or above the rank of battalion com• mander may appoint a commission of inquiry for the purpose of inquiring into any matter affecting an Army unit the com• mander of which is his subordinate. (c) A commission of inquiry is competent to take evidence on oath or otherwise than on oath. (d) Where a commission of inquiry has been appointed for the purpose of examining a matter affecting a soldier's good name, or has come upon such a matter in the course of its work, such soldier shall be enabled to be present at the time of the inquiry, to examine witnesses and to state his case. 171 (h) Nothing uttered in the course of the inquiry of a com• mission of inquiry, whether by a witness or otherwise, and no report of a commission of inquiry shall be admitted as evidence in the trial of any person unless such person has been brought to trial for the, offence of giving false evidence committed in respect of that commission of inquiry. Military 179. (a) The Minister of Defence may, by order under his hand, prisons, detention determine that a particular place described in the order shall be camps and a military prison. guard-rooms. (b) The Chief of Staff may, by order under his hand, de• termine that a place described in the order shall be a military detention camp. (c) A commander qualified to be a judge may determine that a certain pluce shall be a military guard-room. (d) The Minister of Defence shall make regulations as to the management, guarding, internal regime and other arrange• ments of military prisons, and as to the discipline of the prisoners and the means to be adopted for its maintenance. .. (e) So long as regulations as referred to in subregulation (d) have not been made, or in any matter not dealt with in such regulations, the Prison Rules*) shall apply mutatis mutandis to military prisons. (f) The Chief of Staff shall prescribe from time to time, with the approval of the Minister of Defence, a statute concerning the management, internal regime and other arrangements of mil• itary detention camps and military guard-rooms and concern• ing the discipline of the soldiers held therein and the means to be adopted for its maintenance, provided that these means shall not include heavier disciplinary penalties than those prescribed in the Rules referred to in subregulation (d). (g) There is no obligation to publish in Iieshumot an order made or a statute enacted under this regulation. Such a statute shall be published in the Orders of the General Staff or in in• structions issued by the Chief of Staff in virtue of a special power conferred by the Minister of Defence. Soldier 180. Where a soldier has been sentenced by a civil court or holding a rank tribunal for an offence involving ignominy, the Chief of Staff may sentenoed to deprive him of his rank.". imprison• ment. DAVID BEN-GURION DAVID BEN-GURION Prime Minister Minister of Defence YOSEP SPRINZAK Chairman of the Knesset Acting President of the State i) Laws of Palestine vol. Ill, p. 2022 (English Edition). 172 No. 69 POPULAR LOAN LAW, 5710—1950* J_ (a) The Government is hereby authorised to borrow a sum not exceeding Power to twelve million pounds and, for this purpose, to issue series of bearer bonds (here• borrow. inafter called "bonds"); (b) Each series of bonds shall be of such sum as the Minister of Finance shall prescribe and shall be marked with a serial letter. 2. (a) Each bond Bhall be for the amount of twenty pounds and shall be Nominal marked with the serial letter and a serial number. value. (b) The Government may issue any bond in two halves of an amount of ten pounds each, and both of such halves shall be marked with the same serial number. (c) A half-bond of ten pounds shall be regarded for all purposes as a bond of twenty pounds, except in respect of its redemption value, which shall be one half of the redemption value of the whole bond independently of the other half-bond. 3. The following provisions shall apply to the redemption of bonds: Redemption M' bonds. (a) The Government shall redeem the bonds of each series within a period of 25 years (hereinafter called: "the serial period") from the date prescribed by the Minister of Finance, by notice to be published in Reshumot, as the date of the issue of the series. . (b) In each year of the serial period, such number of bonds of that series shall be redeemed as shall be prescribed by regulations. The redemption shall be effected by drawings by lot. (c) Bonds drawn by lot shall be redeemed for their nominal value, together with an addition, in each year in which drawings by lot are held, of a sum (hereinafter called: "the prize sum") which shall not be less than three per centum of the aggregate amount of the bonds of that series. (d) Each drawing by lot Bhall be held in public and shall include all the bonds which the Government has authority to issue in that series and which have not been previously drawn by lot. (e) The dates upon which, and the manner in which, the drawings by lot shall be held, and the distribution of the prize Bum between the bonds to be redeemed in each year, shall be prescribed by regulations. Notification of the time and place of each drawing by lot shall be published in Reshumot not less than one week in advance thereof. (/) The remainder of the bonds of each series not redeemed by lot as here• inbefore provided shall be redeemed on the 30th day of the month immediately following the expiration of the serial period, at par, with the addition of such premium for each bond as Bhall be prescribed by regulations. 4. (a) So long as the Government has not issued all the bonds which it is Government'( authorised to issue in any series, the bonds remaining unissued at the date of right as regards the drawing by lot shall, for the purposes of any drawing by lot and the winning unissued of prize sums and for the purposes of the redemption of bonds redeemable by bonds. drawing by lot under the provisions of this Law, be deemed to have been issued by the Government and to be held by it as bearer. Passed by the Knesset on the 27th Av, 5710 (10th August, 1950) and published in Safer Ila-Chukkim No. 58 of the 5th Elul. 5710 (18th August, 1950), p. 303; the Bill and an Explanatory Note were published in Hatsa'ot Chok No. 34 of the 27th Shevat, 5710 (14th February, 1950), p. 99. 173 (b) The provisions of subsection (a) shall not derogate from the right of the Government. to issue a bond previously unissued, so long as the same has not been drawn by lot. Interest. 5. Bonds shall not bear interest. , ... Payment and (J. (a) A bond which is due for redemption shall be paid to the person present ing it, upon surrendering it at! such place as the Minister of Finance shall prescribe 1־ cancellatio of bonds. by notice to be published in Beshumot, and shall be cancelled at the time of such ...׳', , .payment (b) A bond drawn by lot shall be paid on and after the expiration of three weeks from the date of the drawing by lot. Transfer 7_ Bonds shall be transferable by delivery. af bonds. 8. The prize sums and premiums payable under this Law shall not.be considered Exemption from income as income for the purposes of the Income Tax Ordinance, 19471). tax. Exemption 9. Bonds shall be exempt from stamp duty. from stamp duty. Payment 10. The sums payable in respect of the bonds and all expenses incidental to and the implementation of this Law shall be paid by the Minister of Finance out of the •ecurity. general revenues and assets of the State. ׳ -Form of 11. (a) The bonds shall be in such form as the Minister of Finance. Bhall pre bonds. 6cribe by regulations. (b) Each bond shall bear the facsimile signatures of the Minister of Finance and the Accountant-General. Implementa: 12. The Minister of Finance is charged with the implementation of this/Law and . tion and regulations. may make regulations as to any matter relating to its implementation,'including the appointment of a council for the supervision of drawings by lot and the deter mination of its duties; provided that regulations under section 3 shall be made in respect of each series of bonds before its issue. DAVID BEN-GURION ELIEZER KAPLAN Prime Minister Minister of Finance YOSEF SPRINZAK Chairman of the Knesset Acting President of the State i) P.O. No. 1568 of the 29th March, 1947, Suppl. I, p. 9i (English Edition). 174 No. 70 LOAN (FINANCIAL INSTITUTIONS) LAW, 5710—1950* 1. In this Law — Interpreta tion. "financial institution" means a bank within the meaning of the Banking Ordinance, 1941!), or a co-operative credit society; "bonds" means bends issued "under the provisions of this Law. 2. The Government is hereby authorised to borrow from financial institutions Power to a sum not exceeding five million pounds and to issue bonds for this purpose. borrow. 3. (a) Bonds shall redeemed on the 15th Cheshvan, 5716 (Slst October, 1955). Redemption, interest and (b) Bonds, shall bear interest at the rate of three per centum per annum, other conditions. payable by half-yearly instalments on the 1st April and 1st October in each year, commencing the 24th Adar Bet, 5711 (1st April, 1951). (c) The Government may redeem at-their par value all the bonds, or an equal proportional part of each bond, before the date prescribed in subsection (a), after giving not less than three months' previous notice specifying the datie of redemption; such notice shall be published in Reshumot. When such notice has been given, no bond or proportional part of a bond, as the case may be, shall bear interest after the date prescribed by the Government as the date of redemption. (d) Bonds shall be made out in the form of stock certificates, and each certificate Bhall be payable for an amount being a multiple of ten pounds; the certificates shall be payable to the registered owners or to bearer. (c) The Minister of !Finance shall prescribe by regulations any other condi tions of the bonds, including their wording and the methods of transferring them. 4 The principal and interest payable in respect of bonds and all expenses Payment and .security ־ incidental do the implementation of this Law shall be paid out of the general revenues and assets of the State. 5. Every bond shall bear the signatures or fascimile signatures of the Minister Signing of bonds. of Finance and the Accountant-General. Exemption g . Bonds shall be exempt from stamp duty. from stamp duty. 7 A financial institution may acquire bonds notwithstanding any prohibition Legal restrictions or restriction imposed by any law or by the memorandum of association or rules not to apply. of the institution. 8. The Minister of Finance is charged with the implementation of this Law and Implementa tion and may make regulations as to any matter relating to its implementation. regulations. DAVID BEN-GURION ELIEZER KAPLAN Prime Minister Minister o/ finance YOSEF SPRINZAK Chairman of the Knesset Acting President of the State * Passed by the Knesset on the 27th Av, (10th August. 1950) and Dublished In 0 5 Sno 18th AnSwt 305> ׳Elul i«) P.Gi^^^T^-R. No. 1134 of the 9th October^ ^, 1941. Suppl. I, p. 85 (Englisma™h Edition). 175 No. 71 STATE GUARANTEES LAW, 5710—1950* Authority J, (a) The Minister of Finance is authorised, subject to the approval of the to guarantee. Finance Committee of the Knesset, to guarantee on behalf of the State of Israel, in the financial year 1950/51, a loan or a guarantee of a loan if in his opinion the loan is intended to be used for development or for the encouragement of a branch of the economy which is of national economic importance or for some other purpose of public interest. (b) A guarantee under, this Law shall be given on such conditions and security as the Minister of Finance Bhall prescribe either generally or in respect of a partic• ular loan or class of loans; but a guarantee for a loan or for a guarantee! of a loan shall not be given in an amount exceeding 250,000 pounds unless its conditions and security have been approved by the Finance. Committee of the Knesset. Limitation 2. The aggregate amount for which guarantees are given under this Law• in of total amount of the financial year 1950/51 shall not exceed ten per centum of the amount of the guarantees. Ordinary Budget of the State for that financial year, or such other amount as the Government, with the approval of the Finance Committee of the Knesset given by the unanimous vote of the members participating in the meeting, shall prescribe from time to time.. Collection. 3, The provisions of the Taxes (Collection) Ordinance1) shall apply to the col• lection of any amount due to the State of Israel in connection with a guarantee given under this Law as if such amount were a tax within the meaning of that Ordinance. . . . . , Publication. 4. The Minister of Finance shall publish in Reshumot, simultaneously• with the publication of the revenue collected and expenditure incurred under the Ordinary Budget of the State in the' financial year 1950/51, a reportl on the guarantees given under this Law in that financial year. Implementa• tion. 5. The Minister of Finance is charged with the implementation of this Law. DAVID BEN-GURION ELIEZER KAPLAN Prime Minister Minister of Finance YOSEF- SPRLNZAK Chairman of tlie Knesset Acting President of the State •* Passed by the Knesset on the 27th Av, 5710 (10th August, 1950) and published in. Sefer Ha-Chukkim..No. 58 of the 5th Elul, 5710 (18th August. 1950), p. 306; the Bill and an,'Explanatory Note were published in Uatza'ot Chok No. 52 of the 20th Av, 5710 (3rd August, 1950), p. 220. . * . l). Laics of Palestine vol. II, cap. 137, p. 1399 (English Edition). 176 No. 72 MUNICIPAL CORPORATIONS (MISCELLANEOUS PROVISIONS) (No. 2) LAW, 5710—1950* 1. (a) The Municipal Corporations Ordinance, 19341) (in this Law: "the Change of Ordinance") Bhall be amended as follows: name of the town In the First Schedule,, the name "Tel Aviv" shall be replaced by the name of Tel Aviv. "Tel Aviv—Jaffa". (b) Wherever in any law or document reference is made to "Tel Aviv", such reference shall, unless the context otherwise requires, be read as a reference to "Tel Aviv—Jaffa". (c) This section shall have effect retroactively as from the 3rd Tammuz, 5710 (18th June, 1950). 2. (a) The Ordinance shall be amended as follows: Amendment .of Ordinance — (9־ In section ' (1) (i) in the first line of subsection (a), the words "In every municipal corporation" shall be replaced by the words "In a municipal corpora tion in which a council is officiating"; (ii) the following subsection shall be added after subsection (d): "(dd) In a municipal corporation in which a municipal commission is officiating there shall be established an election committee, which shall be appointed by the Minister of the Interior after • consultation with the municipal commission. One of the members of the election, committee shall be appointed by the Minister of the Interior to be the chairman of the election committee."; (2) in section 162), in the third line of subsection (a), the words "and shall sign each page thereof and each correction he has made therein" shall be replaced by the words "shall 6ign each page thereof and shall attach to the register a list, signed by him, indicating the number of corrections he has made on each page and the serial number of each name, contained in the register, in relation to which a correction has been made. This list Bhall form an integral part of the register of voters"; (3) in section 19!), in the third line of Bubsecttion (c), the words "and the area the inhabitants of which are to vote thereat" shall be replaced by the words "and the area the residents of which (according to residential addresses in the register of voters) are to vote thereat"; (4) in section 23*), in paragraph (4) of subsection (a), the words "the area the inhabitants of which are to vote thereat" in the second line shall be replaced by the words "the area the residents of which (according to iesidential addresses in the register of voters) are to vote thereat"; (5) in section 24!), in the Becond and third lines.of subsection (a), the words "containing the names and surnames of the candidates and marked" shall be replaced by the word "marked"; (6) in section 291), subsection (f) shall be deleted; (7) in section 461), paragraph (5) of subsection (a) shall be - re-marked Passed by the Knesset on the 27th Av, 5710 (10th August, 1950). and published in Sefer Ha-Chukkim No. 58 of the 5th Elul, 5710 (18th August, 1950), p. 307; the Bill and an Explanatory Note were published in Ilatia'ot Chok No. 51 of the 4th Av, 5710 (18th July, 1950), p. 216. P.O. No. 414 of the 12th January. 1934, Suppl. I, p. 1 (English Edition). Sefer Ha-Chukkim No. 31 of the 8th Shevat, 5710 (26th January, 1950). p. 41. 177 as paragraph (6), and the following paragraph shall be inserted before it: "(5) a paid employee of that municipal corporation;"; (b) This section shall have effect retroactively as from the 8th Shevat, 5710 (26th January, 1950). Amendment 3. (a) The Municipal Corporations Ordinance (Amendment) Law, 5710—195011), of Municipal Corporations shall hi amended as follows: Ordinance (Amendment) Iu section 3, subsection (a) shall be replaced by the following subsection: Law, "(a) The Minister of the Interior may, •after consultation with the 5710—1950. Minister of Defence, issue directions as to the preparation of special registers of voters for soldiers, the publication or non-publication thereof, the granting or non-granting of a right of objection or appeal in connec• tion therewith, the removal of soldiers registered therein from registers of voters prepared, published or signed in accordance with the Ordinance, the keeping of records in connection with soldiers' elections to municipal councils and the counting of their votes, the mcde of including these votes in adding up the votes of all those participating in the elections and any other matter referred to in the election statute (within the meaning of section 19 of the Ordinance) relating to soldiers' elections, and as to the mode of participation of soldiers in elections; a direction as aforesaid does not require publication in Reshvmot."'. (b) This section shall have effect retroactively as from the 8th Shevat, 5710 (26th January, 1950). Special 4. (a) For the purposes of elections to a municipal council held at or before provisions the end of Tevet, 5711, section 11(a) (l)i) of the Ordinance shall be read as if for the purposes of the words "in an area included, on the determining day, in the municipal area" elections were replaced by the words "in an area included, on the 16th Tammuz, 5710 (1st held at or before the July, 1950), in the municipal area". end of Tevet, 5711. (b) This section shall have effect retroactively as from the 8th Shevat, 5710 (26th January, 1950). Saving of 5. Where before the day of publication of this Law in Reshumot an election appoint• ments. committee was established by the Minister of Interior in a municipal corporation in which a municipal commission officiates, and such election committee officiated immediately before such day, such, election committee shall be regarded as duly appointed. Filling of g (a) Where a member of an election committee ceases to hold office, such com• vacancies on mittee having been appointed in accordance with the Ordinance before the coming election committee. into force of the Municipal Corporations Ordinance (Amendment) Law, 5710—1950, and having continued in office under section 4 of such Law, the Minister of the Interior may appoint another member in his stead, notwithstanding the provisions of that section. (b) This section shall have effect retroactively as from the 8th Shevat, 5710 (26th January, 1950). DAVID BEN-GUKION MOSHE SHAPIBA Prime Minister Minister of the Interior YOSEF SPP.INZAK Chairman of the Knesset Acting President of the State l) Sefer Ha-Chukkim No. 31 of the 8th Shevat, 5710 (26th January, 1950) p. 41; supra, .p. 29. No. 73 LOCAL COUNCILS (MISCELLANEOUS PROVISIONS) LAW, 5710—1950* 1. A direction under the Local Councils (Élections Among Soldiers) Order, Direction 5710—1949!), does not require publication in Reshumot. under the Local Councils (Elections Among Soldiers) Order, 5710—1949. 2, This Law shall have effect retroactively as from the 21st Elul, 5709, (15th Commence• ment. September, 1949). DAVID BEN-GURION MOSHE SHAPIRA Prime Minister Minister of the Interior YOSEF SPRINZAK Chairman of the Knesset Acting President of the State No. 74 LOCAL AUTHORITIES (LAND TRANSFER FEE) LAW, 5710—1950** 1_ In this Law — Interpreta• tion. "local authority" means a municipal corporation or a local council; "transfer" means a sale, a gift or an exchange; "Land Transfer Rules" means the Land Transfer (Fees) Rules, 19402). 2. (a) A local authority may, by hye-law, impose a fee on a transfer of land Power to impose a fee situated in the area of its jurisdiction; the fee shall be called a "land transfer on a transfer fee". of land. (b) A bye-law under this section is subject to approval by the Minister of the Interior. 3. The rate of the fee shall not exceed — Rate of the fee. (a) in the case of a sale or gift! — 2 per centum of the market value (within the meaning of the Land Transfer Rules) of the land; * Passed by the Knesset on the 27th Av, 5710 (10th August, 1950) and published in Scfer Ha-Chukkim No. 58 of the 8th Elul, 5710 (18th August, 1950), p. 309. 1) Kovets Ha-Takkanpt No. 47 of the 12th Cheshvan. 5710 (14th November, 1949), p. 117. ** Passed by the Knesset on the 27th Av, 5710 (10th August, 1950) and published in Seter Ha-Chukkim No. 58 of the 5th Elul, 5710 (18th August. 1950), p. 309. 2) P.G. No. 972 of the 26th December, 1939, Suppl. II, p. 1477 (English Edition). — Translator's Note: In the Hebrew version, a fee under the Land Transfer (Fees) Rules, 1940, is called mas, a fee under the present Law agra. In English • it has not been found possible to use different expressions. 179 (b) in the case of an exchange — 2 per centum of the market value (within the meaning of the Land Transfer Rules) of the exchanged land the market value of which is the higher. Who is liable 4. Liability for payment of the fee restB upon whoever is liable to pay a to the fee. land transfer fee payable in respect of the same transfer under the Land Transfer Rules. Collection 5. The fee shall be collected for the benefit of the local authority by whoever of the fee. collects the fee payable in respect of the same transfer under tihe Land Transfer Rules, simultaneously with the collection of the said fee. Limitation Q No transfer of land chargeable with a fee under thi3 Law shall be registered on transfer in any of the registers of the State or the Government until the fee has been .paid of land. in full. Exemption 7_ A juridical person who has been exempted under rule 4 (5) of the Land from payment Transfer Rules from payment of the whole or a part of a land transfer fee shall of the fee. be exempt from the payment of the whole or a proportional part, as the case may be, of the fee due under this Law. Postponement 8. Where the payment of the whole or a part of a land transfer fee (mas) in of payment of the fee. respect of a particular transfer has been postponed under section 18 of the En• couragement of Capital Investments Law, 5710—19501), the payment of the fee (aqra) due in respect of that transfer shall be postponed in the same proportion, for the same period and on the same conditions. Deduction 9. For the purposes of calculating the deductions permitted under section 3(b) for purposes of Land (lj (ii) of the Land Bettermen Tax Law, 5709—19492), a fee paid by a seller Betterment under this Law shall be deemed to be a fee paid as specified in that section. Tax. Implementa• 10. (a) The Minister of the Interior is charged with the implementation of this tion and Law. regulations. (b) The Minister of the Interior may, in consultation with the Minister of Justice, make regulations as to any matter relating to the implementation of this Law. DAVID BEN-GURION MOSHE SHAPLRA Prime Minister Minister of the Interior YOSEF SPR1NZAK Chairman of the Knesset Acting President of the State 1) Sefer Ha-Chukkim Ño. 41 of the 19th Nisan, 5710 (5th April, 1950), p. 129; supra, P* 53. 2) Sefer Ha-Chukkim No. 21 of the 10th Elul, 5709 (4th September, 1949)• p. 174; LSI vol. Ill, p. 86. 180 No. 75 PLANT PROTECTION (DAMAGE BY GOATS) LAW, 5710—1950* 1. In this Law — Interpreta• tion. "grazing" includes permission to graze, causing to graze and the driving of goats otherwise than on a public way, and the verb "to graze" and all its derivatives shall be construed accordingly; "inspector" means a person whom the Minister of Agriculture has appointed to be an inspector for the purpose of this Law; "permitted rate" means — (a) in respect of the period from the day of the coming into force of this Law to the 26th Sivan, 5711 (30th June, 1951) — one goat per twenty dunams of unirrigated land or one goat per five dunams of ir• rigated land; (b) in respect of the period from the 27th Sivan, 5711 (1st July, 1951) onwards — one goat per forty dunams of unirrigated land or one goat per ten dunams of irrigated land. 2. A person shall not keep or graze goats save within the confines of the land Keeping occupied by him and at the permitted rate; provided that it shall be lawful to of goats. drive goats over any land to a place of grazing permitted under this section if the owner of the land has consented thereto. 3_ Notwithstanding anything in section 2 or in the Forests Ordinance1), a Prohibited grazing. person shall not graze goats — (a) in a forest reserve or a closed forest area within the meaning of the Forests Ordinance; (b) in any othei area which the Minister of Agriculture, by declaration published in Beshumot, has declared to be an area in which the grazing of goats is prohibited. 4. The Minister of Agriculture, or a person authorised by him in that behalf, Permit to keep and may permit in writing the keeping and grazing of goats on conditions to be graze goats. prescribed in the permit. 5. Notwithstanding anything in sections 2 and 3, it is lawful to keep goats of a Domestic number exceeding the permitted rate within the confines of the yard adjoining goats. the house of their owner if they are shut up or tied up and fed within such confines; the Minister of Agriculture, or a person authorised by him in that be• half, may permit in writing the grazing of the said goats in certain seasons of the year even outside the confines of the said yard, but within the confines of the laud occupied by their owner. g_ An inspector may, at any time, enter the confines of any land, other than Power a house or a yard, and carry out an inspection therein, if he suspects that any to enter. of the provisions of this Law is contravened therein. 7. (a) Where the inspector notices that the number of goats on any land exceeds Power to seize. the permitted rate in respect of either grazing or keeping, or where he notices a * Passed by the Knesset on the 27th Av, 5710 (10th August, 1950) and published in Sefer Ila-Chukkim No. 58 of the 5th Elul, 5710 (18th August, 1950), p. 311. The Bill and an Explanatory Note were published in Hatia'ot Chok No. 47 of the 4th Tammuz, 5710 (19th June, 1950) p. 185. i) Laws of Palestine vol. !,,cap. 61, p. 710 (English Edition). 181 goat grazing contrary to the provisions of this Law, he may seize goats up to the number in excess of the permitted rate, or the goat grazing contrary to the provisions of this Law, as the case may be, and sell them or it at the price which shall be prescribed by a person appointed in that behalf by the Minister of Agricul ture by appointment published in Rcshumot. (b) At the time of the seizure, the inspector shall give the person keeping the goats a receipt for the goats seized. Offences and 8. (a) person contravening any of the provisions of section 2 or 3, or a penalties. condition imposed under section 4, shall be liable to imprisonment for a term not exceeding six months or to a fine not exceeding one hundred and fifty pounds or to both such penalties. (b) Where a person whose goats have been seized under section 7 is con victed of an otfence under subsection (a), the Court shall order that the whole or a part of the price of the said goats shall be paid to the owner of the goats or shall be confiscated; in the event that the goats have not been sold under section 7, the price shall be determined by the Court. (c) A court shall not consider a criminal action for an offence under sub section (a) filed against a person whose goats have been seized under section 7 unless the suit is tiled within three months from the day on which the goats were seized. Payment of 9. . Where goats have been seized under section 7, and a criminal action for an value. offence under section 8 (a) has not been filed against their owner within three months from the day on which they were seized, their value shall be paid to their owner. (bl The owner of the goats may claim their value in the magistrate's court in whose area of jurisdiction they were seized. (c) A court shall not consider a claim under subsection (b) unless — (1) a criminal action for an offence under section 8 (a) has not been filed against the owner of the goats within three months from the day on which the goats were seized under section. 7; or (2) a criminal action as aforesaid has been filed against the owner of the goats, but, he has not been convicted. (d) A court shall not consider a claim under subsection (b) unless it is tiled within one year frr.m the day on which tho goats were seized under section 7. Implementa 10. The Minister of Agriculture is .charged with the implementation of this Law tion and regulations. and may make .regulations as to any matter relating to such implementation, including regulations regulating the registration of goats and regulating the keeping and feeding of goats under section 5. Commence 11. This Law shall come into force on the 23rd Tevet, 5711 (1st January, 1951). ment. ־ DAVID BEN-GURION DOV JOSEPH Prime Minister Minister of Agriculture YOSEP SPRINZAK Chairman of the Knesset Acting President of the State i 182 No. 76 SHEPHERDS (LICENSING) ORDINANCE (AMENDMENT) LAW, 5710—1950* 1. The Shepherds (Licensing) Ordinance, 19461), shall be amended as follows: Amendment In section 4, 5 (1) and 10 (d), the words "or goats" shall, wherever oc- of Shepherds (Licensing) — Ordinance, cnrring, be deleted. 1946. 2. This Law shall come into force on the 23rd Tevet, 5711 (1st January, 1951). Commence ment. DAVID BEN-GURION DOV JOSEPH Prime Minister Minister of Agriculture YOSEF SPRLNZAK Chairman of the Knesset Acting President of Hie State No. 77 ANIMAL DISEASES ORDINANCE (AMENDMENT) LAW, 5710—1950** 1 1. The Animal Diseases Ordinance, 19522), shall be amended as follows: o^Anfmal * In pection 2, subsection (1)'— Diseases (o) after the words "and turkeys" at the end of the definition of the term 1945. "poultry", there shall be added the words: "and eggs of these fowU which have been placed in an incubator"; (6) after the definition of the term "District Officer", there shall be added the definition: ""to slaughter", in relation to the eggs of poultry, means "to destroy"". DAVID BEN-GURION DOV JOSEPH- Prime Minister Minister of Agriculture YOSEF SPRLNZAK Chairman of. the Knesset Acting President of the State Passed by the Knesset on the 27th Av, 5710 (10th August, 1950) and published in Safer Ha-Chukkim No. 58 of the 5th Elul, 5710 (18th August, 1950), p. J1S: the Bill and an Explanatory Note were published in SaUa'ot Chok No. 47 of the 4th Tammux, 5710 (19th June, 1950), p. 185. 1) P.G. No. 1488 of the 18th April, 1946, Suppl. I, p. 159 (English Edition). Passed by the Knesset on the 27th Av, 5710 (10th August, 1950) and published ״* in Sefer Ha-Chukkim No. 58 of the 5th Elul, 5710 (18th August, 1950), p. 315; the Bill and an Explanatory Note were published in Hatia'ot Chok No. 47 of the 4th Tammux, 5710 (19th June, 1950), p. 186. s 2) P.G. No. 1457 of the 24th November, 1945, Suppl. I, p. 201 (English Edition). 163 No. 78 COMPULSORY EDUCATION (AMENDMENT No. 2) LAW, 5710—1950* . Amendment The Compulsory Education Law, 5709—19491), shall be amended as follows: of Compulsory The following section shall be inserted after section 3: Education Law, "Powers of 3A. (*) Where a particular local education authority has not be• 5709—1949. Minister in connection gun to conduct a registration under this Law and the regulations with made thereunder within ten days from the time which has been registration. prescribed therefor, or where the Minister has reason to believe that a particular local education authority does not intend or is unable to conduct a registration as aforesaid, the Minister may, by order published as he may think fit, order that such local education authority shall not conduct a registration as aforesaid and that the registration shall be conducted by such person, at such time and in such manner as he may prescribe. (b) Where the Minister has reason to believe that a re• gistration or re-registration which has been conducted by a particular local education authority has been conducted otherwise than in accordance with this Law or the regulations made there• under, he may, by order notified to those concerned as he may think fit, annul such registration and order that the registration be conducted afresh — (1) by the local education authority — at such time as the Minister may prescribe; or (2) by such person as the Minister may prescribe — at such time and in such manner as the Minister may prescribe. (c) Where an order under this section has been made in respect of a particular registration, everyone on whom the duty of such registration rests according to section 3 is bound to fulfil such duty at such time in such manner as the Minister has prescribed for effecting the registration. (d) Where by virtue of an order made under this section a registration has been conducted otherwise than by a local authority, the lacal authority shall bear the expenses thereof, which shall be collected from it in such manner as the Minister may prescribe; and a certificate signed by the Minister determin• ing the amount of the said expenses shall be conclusive evidence thereof.". Temporary 2. Notwithstanding anything in the Compulsory Education Law, 5709—1949, provision. and in the regulations made thereunder, parents or an employer who were or was bound — under section 3 of the said Law — to register, before the coming into force of this Law, a child or adolescent who at the beginning of the school year 5711 will be of compulsory education age, or an adolescent who at the beginning of the school year 5711 will be of compulsory education age who was bound — under'the same sectiion 3 — to register before the coming into force of this Law, and who have or has not fulfilled their or his duty, are or is bound to register * Passed by the Knesset on the 27th Av, 5710 (10th August, 1950) and published in Sefer Ha-Chukkim No. 58 of the 5th Blul, 5710 (18th August, 1950), p. 314. i) Sefer Ha-C]mkkim No. 26 of the 24th Blul, 5709 (18th September, 1949), p. 287. 184 the. child or adolescent, or ia bound to register, as the case may be, not later that the 10th Elul, 5710 (23rd August, 1950); where they or he have or has registered as aforesaid not later than the said day, they or he shall be deemed to have fulfilled their or his duty under the said section 3. DAVID BEN-GURION ZALMAN SHAZAR Prime Minister Minister of Education and Culutrc YOSEF SPRINZAK Chairman of the Knesset Acting President of the State No. 79 JEWISH RELIGIOUS SERVICES BUDGETS (AMENDMENT) LAW, 5710—1950* J, The Jewish Religious Services Budgets Law, 5709—1949'). shall be amended Amendment of Jewish as follows: Religious Services In section 3, subsection (e) shall be replaced by the following subsection: Budgets "(e) The tenure of a religious council shall expire not later than the 23rd Law, 5709—1949. Adar, 5711 (31st March, 1951).". DAVID BEN-GURION Y. 1!. HACOHEN MAIMON Prime Minister Minister of Religious Affairs No. 80 COMPANIES ORDINANCE (AMENDMENT) LAW, 5710—1950** 1. The Companies Ordinance2) shall be amended as follows: Amendment The following section shall be inserted after section 119: Companies Ordinance. "Transfer of 119A. W Where a foreign company registered in Israel under undertaking of foreign this Ordinance (in this section: "foreign company") has come company to to an arrangement with a company within the meaning of tlm Israel company. Ordinance (in this section: "Israel company") for the transfer of the whole of its undertaking, business, assets and liabilities to the Israel company, the two companies may apply to the Court, by application by way of motion, for the making of an order con- * Passed by the Knesset on the 27th Av, 5710 (10th August, 1950) and published in Sefer Ila-Chukkim No. 58 of the 5th Elul, 5710 (18th August, 1950), p. 315. 1) Sefar Ila-Chukkim No. 19 of the 22nd Av, 5709 (17th August, 1949), p. 150: LSI vol. HI, p. 66. ** Passed by the Knesset on the 27th Av, 5710 (10th August, 1950) and published in Sefor Ha-Chukkim No. 58 of the 5th Elul, 5710 (18th August, 1950). p. 316. 2) Laws of Palestine vol. I, cap. 22, p. 161 (English Edition). 185 firming the arrangement. Where the foreign company is in a state together with the ־ ,of winding-up of business, the liquidator may Israel company, apply to the Court as aforesaid. . (2) A notice of the ' submission of an application under subsection (1) and of the time of the hearing thereof shall be published in Reshumot, irf one daily newspaper in Israel and in one daily newspaper in the country in which the foreign company has been incorporated — such newspapers having been determined by the Court — at such time, with such text and in such manner as the Court has prescribed. The Court shall pre scribe in the notice the time and mode of applications under sub section (4). (3) The Attorney General shall be a party to any application which has been submitted under subsection (1). (4) An interested person who contends that the arrangement is unreasonable or is likely to prejudice his rights may apply to the Court in such manner and within such time as the Court has prescribed; and the Court shall not make an order confirming the arrangement until after it has given every such person an opportunity to be heard. (5) Where the Court is satisfied —: (a) that the whole or the greater part of the assets of of the foreign company is situated in Israel; and (b) that the Minister of Justice has certified,- by certifi cate under his hand, that the confirmation of the ar rangement is in the public interest; and (c) that the arrangement is reasonable and that it is right that the requested order should be made, the Court shall make an order confirming the arrangement. (6) The Court may, either in the order confirming the arrangement or in a separate order made subsequently, issue direc tions as to all or any of the following matters: (a) the safeguarding of the right's of any person who has applied to the Court under subsection (4) with the contention that the arrangement is likely to prejudice his rights; (b) an allotment or allocation by the Israel company of shares, debentures or similar interests in the Israel company which under the arrangement with the foreign company the Israel company is to allot or allocate to or for someone; (c) the liquidation of the foreign company in Israel without resort to a winding-up of business; (d) any other thing or matter that seems to the Court necessary or expedient for the purpose of implementing the arrangement. (7) Where the Court has made an order confirming the ar rangement, then, from the day fixed in the order, the Israel company replaces the foreign, company, for all intents and pur poses and without a break of continuity, as if •the two companies were identical; and, without prejudice to the generality of the foregoing — (a) th'e whole of the undertaking, business, assets and liabilities of the foreign company passes to and is vested in the Israel company; (6) all contracts and engagements, whether transfer• able or not, continue in full force as if the Israel com• pany were a party to them instead of the foreign com• pany ; (c) any legal proceeding pending in the name of or against the foreign company continues in the name of or against the Israel company; (rf) any judgment, order or decision given or made against1 or in favour of the foreign company is deemed to have been given or made against or in favour of the Israel company; (e) in any document, contract or engagement, whether or not the foreign company is a party to it, the name of the Israel company replaces the name of the foreign company. (8) The Minister of Finance may, by general or special direction, exempt any transfer of an asset or a liability, any amendment of a registration and any other act done in conse• quence of an order confirming an arrangement as aforesaid from the whole or a part of any tax, fee or other paymeut due to the State or a local authority. (9) The Israel company shall publish the order coniirming the arrangement in Reshumot, in one daily newspaper in Israel and in one daily newspaper •in the country in which the foreign company has been incorporated — such newspapers having been determined by the Court — at such time as the Court has prescribed. (10) Where an order under this section has been made, the Israel company shall submit n certified copy thereof to the Eegistrar of Companies within seven days from the day of the making of the order. Where the company has contravened this provision, it is liable to a fine not exceeding five pounds in respect of every day on which the offence continues; and every manager, asset, vested or contingent right, interest, power, authorisation or comeptence of any kind whatsoever; and the expression (11) Where tihe order directs the liquidation of the foreign company in Israel, the Eegistrar shall record the fact of the liquidation in his books. (1) In this section, the expression "assets" includes any asset, vested or contigent right, interest, power, authorisation or competence of any kind whatsoever; and the expression "liabilities" includes any existing or contingent liability, and any obligation whatsoever; and it is immaterial whether the asset or liability is transferable or not.". DAVID BEN-GURION PINCHAS ROSEN Prime Minister Minister of Justice YOSEF SPRINZAK Chairman of the Knesset Acting. President of the State 187 No. 81 DEVELOPMENT BUDGET (1950/51) LAW, 5710-1950* Development 2. (a) The Government is authorised to expend in the financial year beginning Budget for the year the 14th Nisan, 5710 (1st April; 1950) and ending the 23rd Adar Bet, 5711 (31st 1950/51. March, 1951) (hereinafter called "the financial year 1950/51"), by way of capital investments and loans for the purpose of capital investments, an amount of 65,000,000 pounds for development purposes (hereinafter: "the. Development Budget"). (b) The amount which the Government is authorised to expend under this subsection includes the amount of the advance on the Development Budget, fixed in section 6 of the Budget (April—June 1950) Law, 5710-J.950!). Estimated 2. The estimated revenue to cover the Development Budget in the financial year revenue for 1950/51 is as set out in the First Schedule to this Law. Development Budget. . Details of 3. (a) The apportionment of the o mount! of the Development Budget into heads Development and subheads of expenditure shall be as set out in the Second Schedule to this Budget. Law. (b) The amount fixed for each head of expenditure in the Second Schedule to this Law includes the amounts of expenditures fixed for the same head of expendi• ture in the Budget (April—June 1950) Law, 5710—1950. Variations in 4_ The Minister of Finance may, with the approval of the Finance Committee Development of the Knesset, transfer any amount! from one subhead to another subhead of the Budget. same head of expenditure. TJse of 5, The Minister of Finance may prescribe from time to time the purposes for General Beserve. which the amounts of the General Beserve. are to be used. Use of (J, (a) If at the expiration of the. financial year 1950/51 a surplus remains under surpluses. any head of expenditure, the Minister of Finance may permit such surplus to be used within six months from the expiration of the financial year for the purpose to which it was appropriated or — having regard to the provision of section 4 — for another purpose within the scope of that head of expenditure. Publication. 7. The Minister of Finance shall publish in Reshumot the revenue collected and expenditure incurred under the Development Budget for the financial year 1950/51 within twelve months irom the expiration of the financial year. This publication shall be made in a form permitting a comparison of the revenue collected with the heads of estimated revenue in the First Schedule, and of the expenditure in• curred with the heads of expenditure in the Second Schedule, to this Law. Implementa• 3, The Minister of Finance is charged with the implementation of this Law. tion. Commence• 9^ This Law shall have effect retroactively as from the 14th Nisan, 5710 (1st ment. April, 1950). * Passed by the Knesset on the 27th Av, 5710 (10th August, 1950) and published in Sefer Ha-Chukkim No. 58 of the 5th Elul, 5710 (18th August, 1950) p. 318. l) Sefer Ha-Chukkim. No. 39 of the 17th Nisan, 5710 (4th April, 1950), p. 119; 8upro, p. 87 . . .183 FIRST SCHEDULE (section 2) REVENUE . ^ 1. Loan from the Export—Import Bank of Washington 16,500,000 2. Land Bonds 35,000,000 3. Internal Loans 10,000,000 4. Receipts on Account of Equipment from the American Loan 3,500,000 Total 65,000,000 SECOND SCHEDULE (section 3(a)) EXPENDITURE IL IL IL 1. Housing : (a) Housing for Immigrants — (for the erection of 45,000 dwelling-units, about 50 p.ct. thereof in existing and new settlement points) 18,000,000 (b) Civilian Housing — Loans through Mortgage (c) Housing for Immigrant 2,000,000 Youth — Loan to the Jewish Agency for the Erection of Buildings to House Immigrant Youth (d) Soldiers' Housing — 250,000 Erection of Residential Build• ings and Loans through Banks for the Housing of Soldiers of the Standing Army Banks 1,500,000 21.750,000 2. Loans to Local Authorities and Public Companies: (a) for Public Works — by Local Authorities 5,250,000 by Public Companies 750,000 6,000,000 (b) for the Establishment of Cul• tural and Religious Institu• tions 500,000 6,500,000 3. Buildings for Medical Institutions, Schools, and Government Institu• tions :-v (a) Medical Buildings — Establishment of Government Institutions and Loans to Public Institutions 750,000 (b) Establishment of Medical and and Social Welfare Institu• tions in Cooperation with the . Joint Distribution Committee 500,000 189 IL IL IL (c) Government Buildings in Je• rusalem (including residential buildings for employees) and Other Places ' 1,500,000 (d) Loans for the Erection of Buil lings for Schools 250,000 Total 3,000,000 4. Public Works Roads and Other Public Works 1 3,000,000 5. Encouragement of Tourism: Loans for the Establishment of Hotels in Urban and Rural Areas 1,250,000 6. Agriculture — Investments and Loans: (a) through the Jewish Agency — for the Settling of Immigrants in Existing and New Settle• ment Points for the Establish• ment of Fieldcrop Farming Settlements 3,000,000 (b) through the Agricultural Credit Institute and Banks — (1) Irrigation Projects 1,600,000 (2) Loans for the Develop• ment of Agricultural Pro• duction — . for Auxiliary Farms and Vegetable Gardens in Moshavot (colonies) and Abandoned Settlements and near Towns 450,000 (3) Loans for Drainage, Soil Erosion Control and the Development of Natural Pasture 200,000 (4) Loans for the Raising of Small Cattle and Work- Beasts 150,000 (5) Loans for the Establish• ment of Cold Stores, Dry• ing Plants and Siloes and to the "Hazera" So• ciety 500,000 (6) Loans for the Develop• ment of Production in -New Settlements (in coo• peration with banks) 250,000 (7) Loans for the Expansion of Fisheries 100,000 (8) Loans to the Citrus Indus• try and for Tree Nurseries 100,000 (9) Loans for the Construction of Agricultural Markets in Towns and to Agricultur• al Enterprises 500,000 190 IL IL IL (10) Loans for Special Ope• rations 200,000 4,050,000 Less: Allocation from the Year 1949/50 for the Establish• ment of an Agricultural Credit Institute 1,000,000 3,050,000 (c) Loans for the Acquisition of Pipes and Agricultural Equip• ment (from the Loan of the Export — Import Bank of Washington) 4,300,000 (d) Investments — (1) Por the Establishment of Anchorages and Various Institutions 230,000 (2) For the Rehabilitation of Olive and Carob Planta• tions 70,000 (3) For the Institute for the Raising of Bovines for Meat Production 150,000 450,000 (e) Reserve 500,000 Total 11,300,000 7. Industry: (a) Otzar Le-Ta'asiya Ltd. 1,200,000 (b) Loans for Industrial Buildings 500,000 (c) Loans and Investment for the Encouragement of Basic Industries 2,500,000 (d) Loans for the Development of Industrial Zones 300,000 (e) Loans for the Acquisition of Industrial Equipment 3,700,000 (f) Reserve 500,000 Total 8,700,000 Communications: Investments for the Development of Communications Enterprises: (a) Railways — for Completion of .the New Hadera—Tel Aviv Line, Over• haul of Existing Lines and Preparation of Plans for Con• necting Northern Tel Aviv with the South 1,800,000 (b) Haifa Port — for Construction of New • Wharves, Improvements to the Harbour and Work on theKishon 1.800,000 191 IL IL IL (c) Post, Telephone and Tele graph — for Acquisition of Equipment from the American Loan for the Development of the Cable and Wireless Net work 1,800,000 (d) Lydda Airport — Enlargements and. Improve ments 300,000 Reserve 300,000 Total 6,000,000 9. Sundry Funds and Enterprises: (a) Loans for the Rehabilitation of Soldiers (in cooperation with financial institutions) 800,000 (b) Operations for the Develop ment of the Negev 500,000 (c) General. National Planning (irrigation projects etc.) 400,000 Reserve 1,800,000 Total 3,500,000 Grand Total of Development Budget for 1950/51 65,000,000 DAVID BEN-GURION ELIEZER KAPLAN Prime Minister Minister of Finance YOSEF SPRINZAK Chairman of the Knesset Acting President of the State 19:2׳ LIST OF LAWS IN THE ORDER OF THEIR DATES OF PUBLICATION .3/o. Date of adoption by Knesset Title, 1 22nd Cheshvan, 5710 (14th November, 1949) Emergency Land Requisition (Regulation) Law 2 22nd Cheshvan, 5710 (14th November, 1949) Emergency Regulations (Absentees' Property) (Extension of Validity) Law 3 7th Kislev, 5710 (28th November, 1949) State Seal Law 4 7th Kislev, 5710 (28th November, 1949) Army Code, 5708 (Amendment) Law 5 23fd Kislev, 5710 (14th December, 1949) Authentication of Documents (Special Claims for Compensation) Law 6 23rd Kislev, 5710 (14th December, 1949) Administrator General Ordinance (Amendment) Law 7 7th Tevet, 5710 (27th December, 1949) Emergency Regulations (Absentees' Property)• (Extension of Validity) (No. 2) Law 8 7th Tevet, 5710 (27th December, 1949) Prevention of Field Fires Law Emergency Regulations (Hospitals) (Extension of 9 . 8th Tevet, 5710 (28th December, 1949) Validity) Law Emergency Regulations (Traffic Offiences — Mil 10 8th Tevet, 5710 (28th December, 1949) itary Personnel) (Extension of Validity) Law Emergency Regulations (Hotel Accommodation) 11 8th Tevet, 5710 (28th December, 1949) (Extension of Validity) Law Municipal Corporations Ordinance (Amendment) 12 28th Tevet, 5710 (17th January, 1950) Law Deposit Fund and Price Reduction Fund (High- 13 6th Shevat, 5710 (24th January, 1950) Cost-of-Living Allowance) Law Air Navigation (Amendment) Law 14 13th Shevat, 5710 (31st January, I960) Defence Service (Amendment) Law 15 22nd Shevat, 5710 (9th February, 1950) Emergency Regulations (Army Code, 5708) (Ex tension of Validity) Law 16 4th Adar, 5710 (21st February, 1950) Emergency Regulations (Absentees' Property) (Extension of Validity) (No. 3) Law 17 11th Adar, 5710 (28th February, 1950) Emergency Regulations (Hospitals) (Extension of Validity) (No. 2) Law 18 11th Adar; 5710 (28th February, 1950) Municipal Assessment Lists (Temporary Provi sions) Law 19 24th Adar, 5710 (13th March, 1950) Absentees' Property Law 20 25th Adar, 5710 (14th March, 1950) Corporations (Renewal of Documents) Law 21 26th Adar, 5710 (15th March, 1950) Independence Day (Amendment) Law 23 3rd Nisan, 5710 (21st March, 1950) Petrol and Kerosene Emergency Tax (Abolition) 23 3rd Nisan, 5710 (21st March, 1950) Law 24 10th Nisan, 5710 (28th March, 1950) Budget (1949/50) (No. 2) Law 25 10th Nisan, 5710 (28th March, 1950) Budget (April-June 1950) Law 26 11th Nisan, 5710 (29th March, 1950) Defence (Prevention of Profiteering) Regulations (Amendment) Law 27 11th Nisan, 5710 (29th. March, 1950) Compulsory Education (Amendment) Law Mil ׳— 11th Nisan, 5710 (29th March, 1950) Emergency Regulations (Traffic Offences 28 itary Personnel) (Extension of' Validity) (No. 2) Law 29 11th Nisan, 5710 (29th March, 1950) - Emergency Regulations (Hotel Accommodation) (Extension of Validity) (No.. 2) Law th Nisan, 5710 (29th March, 1950) Encouragement of Capital Investment Law־ 11' 30 31 11th NiBan, 6710 (29th March, 1950) Crime of Genocide (Prevention and Punishment) Law 093 No. Date of adoption by Knesset Title , 32 22nd Iyar, 5710 (9th May, 1950) Loan to the .Tel Aviv Municipal Corporation (Guarantee) Law 33 22nd Iyar, 5710 (9th May, 1950) Loan to the Citrus Marketing Board (Guarantee) Law ' 34 22nd Iyar, 5710 (9th May, 1950) Notaries (Foreign Documents) Law Citrus (Control and Marketing) Ordinance 35 28th Iyar, 5710 (15th May, 1950) (Amendment) Law Municipal Corporations Ordinance (Amendment 36 8th Sivan, 5710 (24th May, 1950) No. 2) Law Emergency Begulations (Land Requisition — 37 8th Sivan, 5710 (24th May, 1950) (Accommodation of State Institutions in Jeru• salem) (Continuance in Force of Orders) Law 38 13th Sivan, 5710 (29th May, 1950) Public Officers (Change of Title) Ordinance (Amendment) Law 39 13th Sivan, 5710 (29th May, 1950) Loan to ZIM Israel Navigation Company Limited (Guarantee) Law 40 22nd Sivan, 5710 (7th June, 1950) Trading with the Enemy Ordinance (Amendment) Law 41 28th Sivan, 5710 (13th June, 1950) Law Council (Temporary Provision) Law Company ProfltB Tax Ordinance (Amendment) 42 11th Tammuz, 5710 (26th June, 1950) Law Absorption Tax (Amendment) Law 43 11th Tammuz, 5710 (26th June, 1950) Urban Property Tax (Miscellaneous Provisions) Law 44 11th Tammuz, 5710 (26th June, 1950) Income Tax Ordinance (Amendment) Law. 45 12th Tammuz, 5710 (27th June, 1950) Supreme Court Judges (Validation of Appoint• 46 18th Tammuz, 5710 (3rd July, 1950), ments) Law 47 19th Tammuz, 5710 (4th July, 1950) Transition (Temporary Provision) Law 48 20th Tammuz, 5710 (5th July, 1950) Law of Return 49 26th Tammuz, 5710 (11th July, 1950) Fallen Soldiers' Families (Pensions and Rehabil• itation) Law 50 26th Tammuz, 5710 (11th July, 1950) Municipal Corporations (Miscellaneous Provisions) Law. 51 27th Tammuz, 5710 (12th July, 1950) Soldiers Fallen in the War of Liberation (Re• gistration of Deaths) Law 52 27th Tammuz, 5710 (12th July, 1950) Red Shield of David Law 53 3rd Av, 5710 (17th July, 1950) . Invalids (Pensions and Rehabilitation) (Amend• ment) Law 54 14th Tammuz, 5710 (29th June, 1950) Budget (1950/51) Law 55 10th Av, 5710 (24th July, 1950) Loans to Citrus Growers (American Credit) Law 56 Hth Av, 5710 (25th July, 1950) Military Cemeteries Law 57 11th Av, 5710 (25th July, 1950) Punishment of Whipping (Abolition) Law 58 11th Av, 5710 (25th July, 1950) Compensation (Defence) Ordinance (Amendment) Law 59 11th Av, 5710 (25th July, 1950) Municipal Courts Ordinance (Amendment) Law 60 12th Av, 5710 (26th July, 1950) Emergency Regulations (Hotel Accommodation) (Extension of Validity) (No. 8) Law 61 12th Av, 5710 (26th July, 1950) German Property Law 62 17th Av, 5710 (31st July, 1950) Development Authority (Transfer of Property) La.w 63 17th Av, 5710 (31st July, 1950) Emergency Regulations' (Security Zones) (Ex• tension of Validity) Law 194 No. Date of adoption by Knesset Title 64 18th Av, 5710 (1st August, 1950) Nazi and Nazi Collaborators (Punishment) Law 65 18th Av, 5710 (1st August, 1950) Marriage Age Law 66 19th Av, 5710.(2nd August, 1950) Emergency Regulations (Traffic Offences — Mil• itary Personnel) (Extension of Validity) (No. U) Law 67 26th Ay, 5710 (0th August, 1950) Succession Ordinance (Amendment) Law 08 26th Av, 5710 (9th August, 1950) Emergency Regulations (Army Code, ¿70S) (Ex• tension of Validity) (No. 2) Law 09 27th Av, 5710 (10th August, 1950) Popular Loan Law 70 27th Av, 0710 (10th August, 1950) Loan (Financial Institutions) Law 71 27th Av, 5710 (10th August, 1050) State Guarantees Law 72 27th Av, 5710 (10th August, 1950) Municipal Corporations (Miscellaneous Provisions) (No. 2) Law 73 27th Av, 5710 (10th August, 1950) Local Councils (Miscellaneous Provisions) Law 7-1 27th Av, 5710 (10th August, 1950) Local Authorities (Land Transfer Fee) Lav/ 75 27th Av, 57.10 (10th August, 1950) Plant• Protection (Damage by Goats) Law 76 27th Av, 5710 (10th August, 1050) Shepherds (Licensing) Ordinance (Amendment) Law 77 27th Av, 5710 (10th August, 1950) Animal Diseases Ordinance (Amendment) Lav.• 78 27th Av, 5710 (10th August, 1950) Compulsory Education (Amendment Xo. 2) Law 79 27th Av, 571.0 (10th August, 1950) Jewish Religious Services (Budgets) (Amendment) Law 80 27th Av, 5710 (10th August, 1950) Companies Ordinance (Amendment) Law 81 27th Av, 5710 (10th August, 1950) • Development Budget (1950/51) Law 196 ALPHABETICAL INDEX OP LAWS Title Page A Absentees' Property Law, No. 20 of 5710—1950 68 Absorption Tax (Amendment) Law, No. 43 of 5710—1950 110 Administrator General Ordinance (Amendment) Law, No. 6 of 5710—1949 ... 22 Air Navigation (Amendment) Law, No. 14 of 5710—1950 59 Animal Diseases Ordinance (Amendment) Law, No. 77 of 5710—1950 183 Army Code, 5708 (Amendment) Law, No. 4 of 5710—1949 14 Authentication of Documents (Special Claims for Compensation) Law, No. 5 of 5710—1949 21 B Budget (1949/50) (No. 2) Law, No. 24 of 5710—1950 85 Budget (April-June 1950) Law, No. 25 of 5710—1950 87 Budget (1950/51) Law, No. 54 of 5710—1950 131 C Citrus (Control and Marketing) Ordinance (Amendment) Law, No. 35 of 5710—1950 105 Companies Ordinance (Amendment) Law, No. 80 of 5710—1950 185 Company Profits Tax Ordinance (Amendment) Law, No. 42 of 5710—1950 ... 109 Compensation (Defence) Ordinance (Amendment) Law, No. 58 of 5710—1950 140 Compulsory Education (Amendment) Law, No. 27 of 5710—1950 91 Compulsory Education (Amendment No. 2) Law, No. 78 of 5710—1950 ... 184 Corporations (Renewal of Documents) Law, No. 21 of 5710—1950 83 Crime of Genocide (Prevention and Punishment) Law, No. 31 of 5710—1950 101 D Defence (Prevention of Profiteering) Regulations (Amendment) Law, No. 26 of 5710—1950 89 Defence Service (Amendment) Law, No. 15 of 5710—1950 62 Deposit Fund and Price Reduction Fund, (High-Cost-of-Living Allowance) Law, No. 13 of 5710—1950 53 Development Authority (Transfer of Property) Law, No. 62 of 5710—1950 ... 151 Development Budget (1950/51) Law, No. 81 of 5710—1950 188 E Emergency Land Requisition (Regulation) Law, No. 1 of 5710—1949 3 Emergency Regulations (Absentees' Property) (Extension of Validitv) Law, No. 2 of 5710—1949 ' 13 Emergency Regulations (Absentees' Property) (Extension of Validity) (No. 2) Law, No. 7 of 5710—1949 23 Emergency Regulations (Absentees' Property) (Extension of Validity) (No. 3) Law, No. 17 of 5710—1949 66 Emergency Regulations (Army Code, 5708) (Extension of Validity) Law, No. 16 of 5710—1949 65 Emergency Regulations (Army Code, 5708) (Extension of Validity) (No. 2) Law, No. 68 of 5710—1950 161 Emergency Regulations (Hospitals) (Extension of Validity) Law,. No. 9 of 5710—1949 ; 26 Emergency Regulations (Hospitals) (Extension of Validity) (No. 2) Law, No. 18 of 5710—1950 66 Emergency Regulations (Hotel Accommodation) (Extension of Validity) Law, No. 11 of 5710—1949 29 196 Title Page Emergency Regulations (Hotel Accommodation) (Extension of Validity) (No. 2) Law, No. 29 of 5710—1950 92 Emergency Regulations (Hotel Accommodation) (Extension of Validity) (No. 3) Law, No. 60 of 5710—1950 ... 142 Emergency Regulations (Land Requisition — Accommodation of State Institutions in Jerusalem) (Continuance in Force of Orders) Law, No. 37 of 5710—1950 •. 106 Emergency Regulations (Security Zones) (Extension of Validity) Law, No. 63 of 153 ־ • ... 1950—5710 Emergency Regulations (Traffic Offences — Military Personnel) (Extension of Validity) Law, No. 10 of 5710—1949 26 Emergency Regulations (Traffic Offences — Military Personnel) (Extension of Validity) (No. 2) Law, No. 28 of 5710—1950 92 Emergency Regulations (Traffic Offences — Military Personnel) (Extension of Validity) (No. 3) Law, No. 66 of 5710—1950 160 Encouragement of Capital Investments Law, No. 30 of 5710—1950 93 F Fallen Soldiers' Families (Pensions and Rehabilitation) Law, No. 49 of 5710— 1950 115 G German Property Law, No. 61 of 5710—1950 142 I Income Tax Ordinance (Amendment) Law, No. 45 of 5710—1950 Ill Independence Day (Amendment) Law, No. 22 of 5710—1950 84 Invalids (Pensions and Rehabilitation) (Amendment) Law, No. 53 of 5710— 1950 130 J Jewish Religious Services (Budgets) (Amendment) Law, No. 79 of 5710—1950 185 L Law Council (Temporary Provision) Law, No. 41 of 5710—1950 109 Law of Return, No. 48 of 5710—1950 114 Loan (Financial Institutions) Law, No. 70 of 5710—1950 175 Loans to Citrus Growers (American Credit) Law, No. 55 of 5710—1950 ... 134 Loan to the Citrus Marketing Board (Guarantee) Law, No. 33 of 5710—1950 103 Loan to the Tel Aviv Municipal Corporation (Guarantee) Law, No. 32 of 102׳ ... 1950—5710 Loan to ZIM Lsrael Navigation Company Limited (Guarantee) Law, No. 39 of 5710—1950 107 Local Authorities (Land Transfer Fee) Law, No. 74 of 5710—1950 119 Local Councils (Miscellaneous Provisions) Law, No. 73 of 5710...1950 179 M Marriage Age Law, No. 65 of 5710—1950 ... !58 Military Cemeteries Law, No. 56 of 5710—1950 ... ..' ... !37 Municipal Assessment Lists (Temporary Provisions) Law, No. 19 of 5710—1950 67 Municipal Corporations (Miscellaneous Provisions) Law, No. 50 of 5710—1950 125 Municipal Corporations (Miscellaneous Provisions) Law, No. 72 of 5710—1950 177 Municipal Corporations Ordinance (Amendment) Law, No. 12 of 5710—1950 29 Municipal Corporations Ordinance (Amendment No. 2) Law, No. 36 of 5710— 106 ... „ ־.. ... ״ ... .״ 1950 197 title Page Municipal Courts Ordinance (Amendment) Law, No. 59 of 5710—1950 ... 141 N Nazi and Nazi Collaborators (Punishment) Law, No. 64 of 5710—1950 .:. 154 Notaries (Foreign Documents) Law, No. 34 of 5710—1950 ...... 103 P Petrol and Kerosene Emergency Tax (Abolition) Law, No. 23 of 5710—1950 85 Plant Protection (Damage by Goats) Law, No. 75 of 5710—1950 181 Popular Loan Law, No. 69 of 5710—1950 173 Prevention of Field Fires Law, No. 8 of 5710—1949 24 Public Officers (Change of Title) Ordinance (Amendment) Law, No. 38 of 5710—1950 107 Punishment of Whipping (Abolition) Law, No. 57 of 5710—1950 , 140 R Red Shield of David Law, No. 52 of 5710—1950 ... 127 S Shepherds (Licensing) Ordinance (Amendment) Lav,-, No. 76 of 5710—1950 ... 183 Soldiers Fallen in the War of Liberation (Registration of Deaths) Law, No. 51 of 5710—1950 125 State Guarantees Law, No. 71 of 5710—1950 176 State Seal Law, No. 3 of 5710—1950 ... 13 Succession Ordinance (Amendment) Law, No. 67 of 5710—1950 160 Supreme Court Judges (Validation of Appointments) Law, No. 46 of 5710—1950 113 T Trading with the Enemy Ordinance (Amendment) Law, No. 40 of 5710—1950 108 Transition (Temporary Provision) Law, No. 47 of 5710—1950 113 U Urban Property Tax (Miscellaneous Provisions) Law, No. 44 of 5710—1950 ... 110 EFFECTS ON EARLIER LEGISLATION OF LAWS ENACTED DURING THE YEAR Gazette or coilc reference Law producing effect Particulars of effect of enactment affected Army Code, 5708 (Amend• Regulation 2 I.R. of 5708, ment) Law, Mo. •i of 5710 Replacement of the definition of "hostile Suppl. II, p. 105 person". Regulation 3A Addition of regulation. Regulation G Deletion of the words "an emergency or" in the first line and' deletion of the words "an emergency and to" in the fourth and sixth lines. Regulation 7 Addition of paragraphs (/) and (/). Regulation 8 Addition of the words "or negligence in taking care of Army property" alter the ! words "!he discipline of the Army" | in the first line of puragrirh la), j ; and replacement of the words "also for i : noii-fuliilinent of an order, evasion of ser• vice or negligence in taking care of the personal equipment of the oll'ender" in the second and third lines of that paragraph by the words "also for refusal to fulfil and order and for evasion of service". Regulation 9 Repeal of regulation. Regulation 10 Deletion of the words following the < words "such commander qualified to be a judge "in the second line. Regulation 11 Replacement of paragraph (e) in the part- dealing with• punishment by a company commander, and of the words "deten• tion in camp" in paragraph (e) of the part dealing with punishment by a bat• talion commander, by the words "con• finement to camp or detention in camp". Regulation 17 Replacement of the words "to the mili• tary prosecutor in his area" by the words "to the Chief Military Attorney". Regulation 17A Addition of regulation. 199 Gazette or code reference Law producing effect of enactment affected Regulation 18 Replacement of paragraph (o). Regulation 19 Deletion of the words "and not more than thirty-one" in the second line. Regulation 21 Replacement of regulation. Regulations 25, 26, 27 Repeal of regulations. Regulation 29 Replacement of regulation. Regulation 35 Replacement of the word "two" in the first and third lines by the word "four". Régulation 39 Replacement of regulation. Regulation 45 Deletion of paragraphs (a) to (/), (j), (k) and (1). Regulation 48 Deletion of the words "investigations and" in the third line. Regulation 49 Deletion of paragraph (c). Regulations 51 and 52 Repeal of regulations. Regulation 53 Replacement of regulation. Regulation 54 Deletion of fifth and sixth lines. •Regulation 58 {Chapter Eleven of Part Two) Deletion of regulation and chapter. Regulation 78 Replacement of the words "detention in camp from sunset to sunrise" by the words "confinement to camp". Regulation 80 Replacement of the words "detention in camp from sunset to sunnV by the words "confinement to camp". משיד המשפטים מםמך זה הינו העתק שנסרק בשלמותו ביום ובשעה המצוינים . בסריקה ממוחשבת מהימנה מהמסמך המצוי בתיק, בהתאם לנוהל הבדיקות במשרד המשפטים. על החתום « 9ן * ""'^ ~~ 22 ^2014 0104« .»00 משרד המשפטים (התימה מוסדית). 1 Gazette or code reference Law producing effect Particulars of effect of enactr.ient affected Regulation 99 Replacement of the words "detention in camp from sunset to sunrise" in para• graph («) by the words "confinement to camp". Regulation 104 Replacement of regulation. Regulation 104A Addition of regulation. Regulation 107 Replacement of regulation. Regulation 109 Repeal of regulation. Regulation 127 Replacement of regulation. Chapter Four (Part Four) Replacement of Chapter. Regulation 147 Deletion of all lines after the first. Regulation 156 Replacement of regulation. Regulation 156.4 Addition of regulation. Chapter Four (Part Five) Replacement of Chapter. Administrator General Or• Section 21 No. 37 of 1944 dinance No. 6 of 5710 Replacement of section. Section 40 (2) ^Replacement of paragraphs (a) to (c). Schedule Replacement of Schedule. Prevention of Field Fires Emergency Regulations (Prevention of Kovetz Ha-Takkanot Law, No. 8 of 5710 Field Fires) 5709—1949 of 5709, p. 355 Repeal of Regulations. Municipal Corporations Or• Section 2 No. 1 of 1934 dinance (Amendment) Law,. Addition of definition of "the determining No. 12 of 5710 day". Section* 7—52 Replacement of sections. Section 122 Addition of the wordB "or in any other document permitted or required to be submitted" after the words "in any form required to be filled up". 201 Gazette or code reference 1 Law producing effect Particulars of effect of enactment affected First Schedule 1 Deletion of the expression "number of councillors" and every number relating \ thereto. j Sixth and Eighth Schedules Repeal of Schedules. \ 1; Air Navigation (Amendment) Air Navigation (Colonics, Protectorates Laws of Palestine j Law, No. 14 of 5710 and Mandated Territories) Order, 1927 vol. Ill, p. 2411 (English Edition) Change of title to "Air Navigation Law, 1927". j Replacement of the expression "Order" by the expression "Law". Replacement of the words "British air ,׳ craft" or "British aircraft registered in '.׳ j the colony" by the words "Israel air craft". Replacement of the words "a licensed J aerodrome, a Royal Air Force aerodrome, j an aerodrome under the control of the Se cretary of State for Air or the Governor" 1 by the words "an aerodrome". Article 2 i Replacement of paragraph (2). Article 3 Replacement of subparagraph (6). Article 5 i Deletion of condition (iv) in paragraph (1). Replacement of proviso (o). j Articles 6,,8, 8A, 8B and 9 Repeal of articles. j Article 8 Addition of article. Article 10 (2) Deletion of the word "licensed" in pro viso (iii). Article 19 ' Replacement of article. Article 22A Repeal of article. ^Article 28 (3) Replacement of subparagraph (i). Deletion of the words "paragraphs (1) and (2) of Article 8" in subparagraph (ii). 202 9 Gazette or code reference Particulars of effect Law producing effect of enactment affected Article '29 Deletion of the words "or the license of any aerodrome in the Colony" in para• graph (1). Deletion of paragraph (4). Deletion of the worjl$ "or liable to be suspended, under paragraph (4) of this article" in paragraph (5). Section 31 (1) Replacement of the definition of "Aero• drome" and deletion of the definition of "Proprietor of an aerodrome" and "Li• censed aerodrome". Schedule I Paragraphs 1 and 2 Replacement of paragraphs. Paragraph 4 Replacement of the words "the Secre• tary of State for Air" by the words "the Minister of Communications". Replacement! of subparagraph (2). Paragraphs 5 and 9 Repeal of paragraphs. Paragraph 10 Replacement of the words "the Air Mi• nistry" by the words "the Minister of Communications". Paragraph 14 Replacement of paragraph. Schedule II Paragraph I Insertion of the words "which the Mi• nister of Communications or a person ap• pointed by him in that behalf has at his discretion" between the ,words "certifi cate of airworthiness' and the words "val• idated or issued". Addition of a sentence at the end of the paragraph. Paragraph 2 Deletion of the words "in any other parts of His Majesty's dominions, or" and replacement of the words "on behalf of His Majesty" by the words "on be• half of the State" and of the words "over British territory" by the words "over the area of the State". 203 Gazette or code reference Law producing effect Particulars of effect of enactment affected Paragraph 3 Repeal of paragraph. Schedule V Paragraph 2 (1) (b) Deletion of the words "in any other part of His Majesty's dominions or". Defence Service (Amend• Section 2 Sefer Ha-Chukkim of 5709, p. 271 ment) Law, No. 15 of 5710 Replacement of section. Section 4(c) Replacement of the words "within thirty days by the words "within fourteen days". Section 6 Replacement of the words "liable to reg• ular service for a period of twelve months" in subsection (c) by the words "liable to regular service for a period of twenty-four months". Addition of subsection (cc). Addition of subsection (f). Addition of subsection (jj). Section 7 Replacement of the words "plus one day of service each month; provided that such day shall not fall on a Sabbath or Jewish religious holiday" in paragraphs 1 and 2 of subsection (a) by the words "plus one day of service, or twelve hours of service at intervals, as may be prescribed by reg• ulations, each month; provided that such day or hours shall not fall on a Sabbath or Jewish religious holiday". Addition of subsection (aa). Addition of subsection (c). Section 12 Replacement of paragraph (b). Section 14 • Replacement of the words "relating to a person of military age" by the words "relating to a person whom a calling-up officer is authorised to call upon to report for registration under section 4". Section 22 Replacement of section. Independence Day Law Section 1 Sefer Ha-Chukkim of (Amendment), No. 22 of Re-marking of subsection (b) as subsec• 5710, p. 10 5710 tion (c). : Addition of subsection (b). 204 Gazette m code refeiin.ee Low producing effect Particulars of effect of ena'-tmcnt affected Petrol and Kerosene Emer• Emergency Regulations No. 13 of 5709—1948 gency Tax (Abolition) Law, (Emergency Taxes on Petrol and Kero• No. 23 of 5710 sene) 5708—1948 Repeal of Regulations. Defence (Prevention of Regulation 2 P.O. of 194-1, Profiteering) Regulations Deletion of the definition of "Commis• Siippl. IT. p. 939 (Amendment) Law, No. 26 sioner", (English Edition) of 5710 Deletion of the words "the Commissioner or" in the definition of "Controlling Au• thority". Addition of the words "and any service performed in relation to immovable prop• erty, including a public entertainment within the meaning of the Public Enter• tainments Ordinance, i035" at the end of the definition of "service". Regulation •3.1 Addition of subregulation (3). Regulation 7A Addition of regulation. Regulation 8 Regulation 9 Addition of subregulation (2A). j Re-marking of regulation as subregulation (1) and addition of subregulation (2). Regulation 9A Addition of regulation. Regulation 12 Addition of the figure "7A" after the fig• ure "7" in paragraph (o). Regulation 15 Addition of the words "or 7A" after the figure "7". Addition of the words ,"or that the remu• neration for the service exceeded the reasonable limit of remuneration for such service, as the case may be" at the end of the regulation. Regulation 10 Replacement of regulation. Regulation 17 (1) Addition of paragraph (iiA) after para- . graph (b) (ii). Compulsory Education Section 10 Sefer-Ha-Chukkim (Amendment) Law, Addition of subsection (c). of 5709, p. 287 No. 27 of 5710 205 Gazette or code reference Late producing effect Particulars of effect of enactment affected Notaries (Foreign Docu Notaries Public (Foreign Documents) Or Cap. 99 T dinance ments) jaw, No. 34 of 5710 Repeal of Ordinance. Citrus (Control and Mar Section 2A No. 10 of 5708—1948 keting) Ordinance (Amend Addition of section. ment) Law, No. 35 of 5710 Municipal Corporations Or Section 99(2) No. 1 of 1934 dinance (Amendment No. 2) Replacement of the words "twenty Law, No. 36 of 5710 pounds" by the words "one hundred pounds". Public Officers (Change of Section 2 No. 12 of 1940 Title) Ordinance (Amend Replacement of the words "Ordinance, ment) Law, No. 38 of 5710 proclamation, rule, order or notice now in force" by the words "law, within the meaning of the Interpretation Ordinance, 1945". Trading with the Enemy Section 9E No. 36 of 1939 Ordinance (Amendment) Addition of section. Law, No. 40 of '5710 Company Profits Tax Ordi Section 8 No. 12 of 1947 nance (Amendment) Law, Suspension of section. No. 42 of 5710 Absorption Tax (Amend Sections 2(a) and 4 £7e/er Ha-Chukkim ment) Law, No. 43 of• 5710 Replacement of the words "in the year of of 5709, p. 198 assessment 1949/50" by the words "in. the years of assessment 1949/50 and 1950/51". Sefer Ha-Chukkim ־ -Urban Property Tax (Mis Urban Property Tax (Miscellaneous Pro cellaneous Provisions) Law, visions) Law, 5709—1949. of 5709, p. 152 No. •14 of 5710 Section 1 Addition of the words "and in respect of the year beginning.the 14th Nisan, 5710 (1st April, 1950)" after the words "in respect of the year beginning the 2nd Nisan, 5709 (1st April, 1949)". Urban Properly Tax Ordinance, 1940 No. 42 of 1940 Section 19A Replacement of the words "in every fifth year" by the words "in every seventh year". Income Tax Ordinance Section 10 A No. 13 of 1947 (Amendment) Law, No. 45 Addition of section. of 5710 Section 11 (1) 0')• Suspension of paragraph. 206 Gazette or code reference Particulars of effect Law producing effect of enactment affected Section 16 Addition of paragraph (d) in subsection (1). Replacement of the words "there shall be allowed a deduction of the annual amount of the premium paid by him for such in• surance and contribution as aforesaid during the year preceding the year of as• sessment" in subsection (1), before the proviso, by the words "there shall be al• lowed a deduction of the amounts of the premiums and contributions paid by him as specified in paragraphs (c), (6) and (c) above, and of the amount of the savings deposited by him as specified in paragraph (d) above, during the year preceding the year of assessment". Addition of subsection (3). Section 29A Addition of section. Municipal Corporations Municipal Corporations Ordinance (.Amend• No. 120 of 5710 (Miscellaneous Provisions) ment) Law, 5710—1950. Law, No. 50 of 5710 Section 3 Addition of the words "the removal of soldiers registered therein from registers of voters prepared, published or signed under the Ordinance" after the words "in connection therewith" in the third line of subsection (a). Addition of the words "in regular service — whether under the Defence Service Law, 5709 — 1949, or in any other man• ner —" after the words "who has served" in the first line of subsection (c). Section 5 Replacement of the words "in the year 5710" by the words "until the end of Tevet, 5711". Invalids (Pensions and Re• Section 1 Sefer Ha-Chukkim habilitation) (Amendment) Replacement of the definition of "military of 5709, p. 278 Law, No. 53 of 5710 service" and "service". Replacement of the definitions of "inva• lidity" and "invalid". Punishment of Whipping Juvenile Offenders Ordinance, 1937 No. 2 of 1937 (Abolition) Law, No. 57 of Repeal of paragraph (J) of section 18. 5710 Defence (Emergency) Regulations, 1945. P.G. of 1945, Suppl. Repeal of regulation 33. II, p. 1055 (English Edition). 207 . Gazette or code reference Law producing effect Particulars of effect of enactment affected Prisons Ordinance, 1946 No. 3 of 1946 Repeal of section 86(4) and section 88. Compensation (Defence) Or Section 9 No. 18 of 1940 dinance (Amendment) Law, Deletion of.the words "and the decision No. 58 of 5710 of that tribunal shall be final" at the end. Section 10 (2) Replacement of the words "judges of the , Supreme Court" by the words "judges of ״ ."a district court Section 11A Addition of section. " : Municipal Court Ordinance Section 4(1) Cap. 97 (Amendment) Law, No. 59 Replacement of the words "twenty of 5710 pounds" in the proviso to the section by the words "one hundred pounds". Emergency Regulations (Se Emergency Regulations (Security Zones), Sefer Ha-Chukkim curity Zones (Extension of 5709—1949 of 5709, p. 130 Validity) Law, No. 63 of Regulation 2 5710 Re-marking of regulation as subregnlation (a) and addition of subregulation (b). Marriage Age Law, No. 65 Criminal Code Ordinance, 1936 No. 74 of 1936 of 5710 . Section 182 Deletion of colon and dash after the words "any person who". Deletion of the mark (a) at the beginning of paragraph (a). Replacement of the semicolen and the word "or" at the beginning of paragraph (a) by a comma. Repeal of paragraphs (b) and (g). Section 1S3 Repeal of section. Succession Ordinance Section 4 (tit) Cap. 135 (Amendment) Law, Addition of paragraph (d) at the end. No. 67 of 5710 Emergency Regulations (Ar Army Code, 5708 I.R. of 5708, my Code, 5708) (Extension Regulation 2 Suppl. II, p. 105 of Validity) (No. 2) Law, No. 68 of 5710 Replacement of the full stop at the end by a comma and addition of the words "and anyone who is in the custody of the Army under this Code". Regulation 3 Addition of paragraph after the full stop. 208 Gazette or code reference • Loto producing effect Particulars of effect of enactment affected Regulation 3A Replacement of regulation by regulations 3A, 3B, 3C and 3D. Regulation 8 Replacement of paragraphs a and b, ap• pearing between the words "within the following limits" and the words "Pro• vided that every accused person". Regulation 11 Deletion of the words "or imprisonment" in paragraph e, and replacement of para• graph f, in the part dealing with punish• ments by a battalion commander. Regulation UA Addition of regulation. Regulation 21 Replacement of the words "shall be heard by three judges" by the words "shall be heard by three or more judges, provided that a court shall not consist of an even number of judges". Replacement of the words "One of the three" by the words "One of the judges". Regulation 24 Repeal of regulation. Regulation 29 Replacement of the passage beginning with the words "A case in which, accord• ing to the information" and ending with the words "three judges" shall be replaced by the words "Every case shall be heard by three or more judges, provided that a court shall not consist of an even number of judges". Regulation 78 Replacement of the words "he shall be liable to the penalty of confinement to camp for a term not exceeding one month" by the words "he shall be liable to the penalty of full detention in camp for a term not exceeding one month." Regulation 80 Replacement of regulation. Regulation 84 Replacement of the words "shall be liable to the penalty of deprivation of pay or a monetary fine to an amount not exceeding 209 Gazette or code reference Law producing effect Particulars of effect of enactment affected one quarter of the amount of thé pay of the sentenced person and for a term not exceeding half a year" by the •words "shall be liable to the penalty of impris• onment for a term not exceeding six months". Regulation 86 Replacement of the words "shall be liable to the penalty of deprivation of the right of honour service" by the word3 "shall be liable to the penalty of imprisonment for a term not exceeding three months". Regulation 94 Replacement of regulation and addition of regulation 94A thereafter. Regulation 99 Deletion of paragraphs g and 1. Regulation 99A Addition of regulation. Regulation 124 Replacement of the words "and shall ask the accused or his defence counsel whether he has anything to say in cancellation of the charge or in mitigation of the penalty" shall be replaced by the words "and shall ask, first the prosecutor and thereafter the accused or his defence counsel, what he has to say in regard to the measure of the penalty". Regulation 134 Replacement of regulation. Regulation 135 .Replacement of the words "a warrant of arrest for the purposes of the investiga• tion of-an offence" in the opening passage of subregulation (a) by the words "a warrant of arrest against a soldier suspect• ed of or charged with an offence", and re• placement of the words "to the area com• mander" in the closing passage of subreg• ulation (a) by the words "to a com• mander who is his superior and whose rank is not below lieutenant-colonel". Replacement of the words "an area com• mander" in the last line of subregulation (b) by the words "the commander who is his superior and whose rank is not below lieutenant-colonel ';. 210 Gazette or code reference Law producing effect Particulars of effect of enactment affected Regulation 136 Deletion of the words "for purposes of in• vestigation'.' in the first line. Replacement of the words "the area com• mander" in the fifth line by the words "the commander who is his superior and whose rank is not below lieutenant-co• lonel". Regulation 138 Replacement of the full stop at the end of subregulation (c) by a comma and addi• tion of the words "and the provisions of section 3 of the said Ordinance shall apply to any statement recorded therein". Addition of subregulation (d). Regulation 142 Replacement of regulation. Regulation 150A Addition of regulation. Regulation 156 Addition of the words "or by a military policeman of or above the rank of ser• geant" after the words "in which the ac• cused is detained". Deletion of the full stop at the end and addition of the words "and by the accused or another witness, as shall be prescribed on a form issued under regulation 170 (d)". Regulation 166 Replacement of the words "six months, from the day of the commission of the of• fence" by tho words "one year from the day of the commission of the offence". Regulation 167A Addition of regulation. Regulation 171 Replacement of subregulation (a). Regulations 173—180 (Chapter Five) Addition of regulations. Municipal Corporations Municipal Corporations Ordinance, 1934 No. 1 of 1934 (Miscellaneous Provisions) Section 9 (No. 2) Law, No. 72 of 5710 Replacement of the words "In every mu• nicipal corporation" in subsection (a) by the words "In a municipal corporation in which a council is officiating". 211 Gazette or code reference Law producing effect Particulars of effect of enactment affected Addition of subsection (dd). Section 16 Replacement of the words "and shall sign each page thereof and each correction he has made therein" in the third line of subsection (a) by the words "shall sign each page thereof and shall attach to the register a list, signed by him, indicating the number of corrections he has made on each page and the serial number of each name, contained in the register, in rela• tion to which a correction has been made.• This list shall form an integral part of the register of voters". Section 19 Replacement of the words "and the area the inhabitants of which are to vote there• at" in the third line of subsection (c) by the words "and the area the residents of which (according to residential addresses in the register of voters) are to vote thereat". Section 23 (a) Replacement of the words "the area the inhabitants of which are to vote thereat" in the second line of paragraph (4) by the words "the area the residents of which (according to residential addresses in the register of voters) are to vote thereat" Section 24 (a) Replacement of the words "containing the names and surnames of the candidates and marked "in the second and third lines by the word "marked". Section 29 Deletion of subsection (f). Section 46 (a) Remarking of paragraph (5) as para• graph (b) and insertion of paragraph (5). First Schedule Replacement of the name "Tel Aviv' by the name "Tel Aviv — Jaffa". Municipal Corporations Ordinance Sefer Ha-Chukkim (Amendment) Law, 5710—1950 of 5710, p. 41 Section 3 Replacement of subsection (a). 212 Gazette or code reference '• Law producing effect Particulars of effect of enactment affected Shepherds (Licensing) Ordi• Sections 4,5 (1) and 10 (d) No. 28 of 1946 nance (Amendment) Law, Deletion of the words "or goats". No. 76 of 5710 Animal Diseases Ordinance Section 2 No. 43 of 1245 (Amendment) Law, No. 77 Addition of the words "and eggs of these of 5710 fowls which have been placed in an incu• bator" after the words "and turkeys" at the end of the definition of the term "poultry". Addition of definition of "to slaughter" after the definition of "District Officer", in subsection (1). Compulsory Education Section 3A Sefer Ha-Chukkim (Amendment No. 2) Addition of section. of 5709, p. 287 Law, No. 78 of 5710 Jewish Eeligious Services Section 3 Sefer Ha-Chukkim (Budgets) (Amendment) Replacement of subsection (e). of 5709, p. 150 Law, No. 79 of 5710 Companies Ordinance Section 119A Cap. 22 (Amendment) Law, Addition of section. No. 80 of 5710 ו 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).