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No. 1
 
EMERGENCY LAND REQUISITION (REGULATION) LAW, 5710—1949*
   
 
CHAPTER ONE: GENERAL
Interpreta-
tion.
1. In this Law -
  • "land" includes land of any category or tenure and any building, tree or other thing fixed in the land and any portion of the sea, the seashore or a river, and any right, interest or easement in or over land or water;
  • "house" means a building or other structure, whether permanent or temporary, which is fixed to the land, and includes any part of such a building or structure, but does not include the joint use of a dwelling-room, business room or kitchen;
  • "time of emergency" means a period in which a state of emergency exists in the State by virtue of a declaration under section 9(a) of the Law and Administration Ordinance, 5708-1948(1).
Competent
authorities.
2.
  • (a) The Government may appoint competent authorities for the purpose of this Law.
  • (b) An appointment under this section may be general or restricted.
  • (c) Notice of the appointment of a competent authority shall be published in Reshumot, and the appointment shall have effect from the day of publication of the notice.
Basis for
exercise of
power.
3.
  • (a) A competent authority shall not make a land requisition order or housing order under this Law, save in a time of emergency.
  • (b) A competent authority shall not make a land requisition order or housing order under this Law unless he is satisfied that the making of the order is necessary for the defence of the state, public security, the maintenance of essential supplies or essential public services, the absorption of immigrants or the rehabilitation of ex-soldiers or war invalids.
   
 
CHAPTER TWO: REQUISUTION OF LAND
Land
requisition
orders.
4.
  • (a) A competent authority may, by order under his hand, order the requisition of land. Such an order shall be called a "land requisition order".
  • (b) The competent authority may take possession of land in respect of which a land requisition order has been made, and so long as the order is in force, he, and only he, may occupy, use and exploit the land, either himself or through others, as he may deem necessary for the purpose for which the order was made.
Compensation
for
requisition
of land.
5. The Compensation (Defence) Ordinance, 1940(2), and the rules made thereunder, shall apply to the requisition of land under a land requisition order as if the land had been requisitioned in the exercise of emergency powers within the meaning of that Ordinance.
Time-limit
for
occupation
of land.
6.
  • (a) Land requisitioned under a land requisition order shall not be occupied, whether by virtue of one order or of several orders, for a period exceeding three years.
  • (b) Where land has been requisitioned under a land 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.
   
 
CHAPTER THREE: HOUSING
Housing
orders.
7.
  • (a) A competent authority may, by order under his hand, order the occupier 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, may enter and occupy the house and use it for the purpose prescribed in the order.
  • (c) A competent authority shall 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
duties and
rights in
respect of a
dwelling-
house.
8. Where a housing order has been made in respect of a house to which the Rent Restrictions (Dwelling-Houses) Ordinance, 1940(3), applies (such a house being hereinafter referred to as a "dwelling-house"), and the tenant is in occupation, 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 they had bound themselves by contract to abide by them;
  • (b) the provisions of section 8 of the said Ordinance shall 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 Rents Tribunal under the said Ordinance as if he were the lessee of the dwelling-house.
Tenant's
duties and
rights in
respect of
business
premises.
9. Where a housing order has been made in respect of a house to which the Rent Restrictions (Business Premises) Ordinance, 1941(4), applies (such a house being hereinafter referred to as "business premises"), and the tenant is in occupation, then -
  • (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 conditions set out in the Schedule to this Law as if they had bound themselves by contract to abide by them;
  • (b) the provisions of section 4 of the said Ordinance shall apply to business premises 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 "notwithstanding that such tenant's contract of tenancy has expired" shall be ignored;
    • (3) the words "any term of any agreement of tenancy in respect of such premises" shall be deemed to refer to any of the conditions set out in the Schedule to this Law;
    • (4) subsection (3) shall not apply;
  • (c) the tenant may apply under the said Ordinance to a Rent Commissioner as if he were the lessee of the business premises.
Tenant's
duties
in respect
of house
other than
a dwelling-
house
or business
premises.
10. Where a housing order has been made in respect of a house other than a dwelling-house or business premises, and the tenant is in occupation, then, as from the day on which the tenant entered the house and so long as the order is in force -
  • (a) the tenant shall pay to the owner of the house an adequate rent at a rate fixed by the competent authority by order under his hand;
  • (b) the tenant and the owner of the house shall abide by the conditions set out in the Schedule to this Law as if they had bound themselves by contract to abide by them.
Voiding of
certain
contracts.
11. Where a housing order has been made in respect of any house, and the tenant has entered the house, any contract made before the tenant's entry for the letting of the house to a person not in occupation shall be regarded as void and shall not serve as a basis for a claim for compensation or for any other claim; however, such a person may claim, in the manner in which an ordinary civil debt is claimed, the refund of any consideration paid by him to or in favour of the owner or occupier of the house.
Fixing of
legal rent.
12.
  • (a) In this section-
    • "the landlord" means the person entitled 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 case may be;
  • (b) Where a housing order has been made in respect of a dwelling-house or business premises, and the tenant has entered the dwelling-house or business premises, the landlord may at any time send the tenant a written notice, hereinafter referred to as "rent notice", notifying him of the rate of the legal rent.
  • (c)
    • (1) Where the tenant of a dwelling-house receives a rent notice as aforesaid, he may, within thirty days from the day on which he receives it, appeal to a Rents Tribunal, within the meaning of the Rent Restrictions (Dwelling-Houses) Ordinance, 1940, for the fixing of the rate of the legal rent, and such rate shall be fixed in accordance with the provisions of the said Ordinance, even if on the 1st of Adar, 5700 (10th February, 1940), the dwelling-house was let.
    • (2) 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 Restrictions (Business Premises) Ordinance, 1941, for the fixing of the rate of the legal rent, and such rate shall be fixed in accordance with the provisions of the said Ordinance.
  • (d) Where the tenant does not make application under subsection (c), the rate of the rent specified in the rent notice shall be regarded as the rate of the legal rent.
  • (e) Notwithstanding anything contained in this Law or in any other law, non-payment of the legal rent shall not serve as a ground for eviction from the dwelling-house or business premises unless the tenant has received a rent notice and, having received it -
    • (1) has not, within thirty days from the day on which he received it, made application under subsection (c), and has also not paid the legal rent; or
    • (2) has made application under subsection (c), and the legal rent has been fixed in accordance with that subsection, and he has not paid the legal rent within thirty days from the day on which he learnt of its final fixing.
  • (f) Nothing contained in this section shall impair the right of the landlord to receive any additional rent which the law shall permit at any time after the fixing of the rate of the legal rent under this section or shall diminish the duty of the tenant to pay any such additional rent.
Exempted
houses.
13.
  • (a) This chapter shall not apply to houses the construction of which was completed after the 5th Iyar, 5708 (14th May, 1948).
  • (b) The Government may, by order published in Reshumot, determine other categories of houses, in addition to the category mentioned in subsection (a), to which this chapter is not to apply.
   
 
CHAPTER FOUR: RIGHT OF RENUNCIATION
Notice of
renunciation.
14. 14. Where land has been requisitioned under a land requisition order, or a house under a housing order, and the occupier thereof at the time of the making of the order is not the owner thereof, such occupier may, after the expiration of thirty days, and before the expiration of three months, from the day on which the order was served on him, renounce his rights in the land or the house, as the case may be, by written notice to a competent authority and to the owner of the land or the house. The day of service of the notice on the competent authority and the owner of the land or the house shall be regarded as the day of renunciation; and if the notice is served on the competent authority and the owner on different days, the later day shall be regarded as the day of renunciation.
Duties and
rights of
occupier who
has
renounced.
15.
  • (a) Where the occupier has renounced under section 14-
    • (1) he shall be relieved from any duty, imposed on him by law, contract or otherwise, to pay to the owner the rent of the land or the house or any other consideration in respect of any period subsequent to the day of renunciation; and if before the day of renunciation he has paid to the owner rent or any other consideration in respect of any period subsequent to the day of renunciation, the owner shall refund to him such rent or other consideration;
    • (2) the owner of the land or the house and the occupier shall, from the the day of renunciation, be relieved from the mutual obligations imposed on them by contract in respect of the land or the house; but this shall not affect any cause of action created before the day of renunciation.
  • (b) Where any land has been requisitioned under a land requisition order, then-
    • (1) if the occupier has renounced under section 14, he shall be entitled to the compensation due to the occupier in respect of the land under the 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 up to the day of renunciation, 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 business 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
Appeal
committee.
16.
  • (a) When the Government has appointed a competent authority, the Minister of Justice shall appoint an appeal committee or appeal committees for the purpose 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.
Appeal. 17.
  • (a) A person who considers himself aggrieved by an order of a competent 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 came to his knowledge.
  • (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 anything the determination of which is entrusted to a tribunal acting under the Cornpensation (Defence) Ordinance, 1940, or a rents tribunal acting under the Rent Restrictions (Dwelling-Houses) Ordinance, 1940, or a rent commissioner acting under the Rent Restrictions (Business Premises) Ordinance, 1941.
Pre-condition
to
confirmation
of orders.
18.
  • (a) An appeal committee shall not confirm a land requisition order or a housing order, with or without modifications, unless it is satisfied that the order 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
committee -
procedure.
19.
  • (a) An appeal committee shall have power -
    • (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 possession, 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 admissible 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 consequence of his appearance at the meeting.
  • (b) An appeal committee shall itself prescribe its procedure, in so far as it is not prescribed by this Law or by regulations made thereunder.
   
 
CHAPTER SIX: MISCELLANEOUS PROVISIONS
Notice of
right of
appeal.
20. Every order of a competent authority under this Law shall set out the provisions of section 17 concerning the right and period of appeal against the order, as well as the manner of lodging such appeal and the address of the appeal cornmittee.
Service of
orders.
21.
  • (a) An order under this Law shall be delivered into the hands of every 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 intended at the address of his ordinary or last 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 delivered 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 subsection (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 knowledge shall be regarded as the day of service for the purpose of calculating the periods referred to in sections 14 and 17 (a).
Carrying
into effect
of orders.
22.
  • (a) A land requisition order or housing order shall not be carried into effect before it has been served in accordance with section 21 on the owner and the occupier 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 carrying into effect of an order made by a competent authority or a decision given by an appeal committee under this Law.
Cancellation
of orders.
23.
  • (a) A competent authority may at any time cancel an order made under this Law; provided that a competent authority may not cancel a housing order in respect of a dwelling-house or business premises after the tenant has entered the dwelling-house or business premises under the order.
  • (b) Where a land requisition order is cancelled by a competent authority or 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 as 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 premises 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 competent authority or an appeal committee, after the tenant has entered the house, the tenant shall forthwith vacate the house, and a competent authority may use force to the extent required to effect the vacation, and there shall be no need for an eviction order by a court of law.
Evidence. 24.
  • (a) 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 an appeal committee, certified by the chairman of the committee as a correct copy, shall be regarded as such a decision so long as the contrary is not proved.
Supply of
information
to competent
authority.
25. Any person concerned shall, as a competent authority may require, supply to him or to his agents any correct information, or produce to him or to his agents any document, which in the opinion of the competent authority is likely to facilitate the exercise of the powers 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.
Penalties. 26. A person who contravenes any of the provisions of section 25 is liable to a 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-
  • (a) regulations 48, 72A and 72B of the Defence Regulations, 1939(5);
  • (b) Defence Regulations (Billeting and Accommodation Committees), 1943(6);
  • (c) regulations 114 to 118 of the Defence (Emergency) Regulations, 1945(7);
  • (d) Emergency Regulations (Requisition of Property) 5709-1948(8).
Amendment of
Emergency
Regulations
(Hospitals)
5709-1949.
28. The Emergency Regulations (Hospitals) 5709-1949(9), shall be amended as follows:
  • (a) in regulation 1, the definition of "land" shall be replaced by the following definition:
    " "land" has the same meaning as in the Emergency Land Requisition (Regulation) Law, 5710-1949";
  • (b) in regulation 8, paragraph (1) of subregulation (?) shall be replaced by the following paragraph:
    "(1) The land shall, for all purposes, be treated as if it had been requisitioned under a requisition order made by a competent authority and confirmed by an appeal committee under the Emergency Land Requisition (Regulation) Law, 5710-1949, and as if he Minister of Health or the authorised person were the competent authority who made the order.".
Transitional
provisions -
moveable
property.
29.
  • (a) Where, immediately before the coming into force of this Law, movable property was requisitioned under regulation 115 of the Defence (Emergency) Regulations, 1945, or considered under regulation 4 of the Emergency Regulations (Requisition of Property), 5709-1948, to have been lawfully requisitioned, a competent authority, and only a competent authority, may have possession of the property and use it either himself or through others, and give directions as to the possession and use thereof, as if he owned it free from any charge.
  • (b) Where a competent authority has possession of movable property by virtue of subsection (a), he may acquire it by order under his hand (such an order to be called a "movable property acquisition order"), and upon the expiration of fourteen days from the day of service of the order on the owner of the property or, if within that period the owner appeals against the order, upon confirmation of the order by the appeal committee or upon the owner's withdrawal of the appeal by written notice to the appeal committee, the property shall pass into the ownership of the State free from any charge.
  • (c) The Compensation (Defence) Ordinance, 1940, and the regulations made thereunder, shall apply to the requisition or acquisition of movable property under this section as if the property had been requisitioned or acquired in exercise of emergency powers within the meaning of that Ordinance; provided that section 8(6) of the said Ordinance shall not apply and that the amount of compensation shall always be determined in accordance with section 6 of the said Ordinance, whether the property be a vessel, a vehicle or an aircraft or any other movable property.
  • (d) A certificate signed by a competent authority, to the effect that immediately before the coming into force of this Law certain movable property 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 regarded as such a certificate so long as the contrary is not proved.
Transitional
provisions -
land.
30.
  • (a)
    • (1) Land, other than a house occupied by a person for residential purposes or for the purposes of any trade, business or vocation, which immediately before the coming into force of this Law was requisitioned under regulation 48 of the Emergency Regulations, 1939, or regulation 114 of the Defence (Emergency) Regulations, 1945, or considered, under regulation 4 of the Emergency Regulations (Requisition of Property), 5709-1948, to have been lawfully requisitioned shall, from the day of the coming into force of this Law, be deemed to have been requisitioned on that day under a land requisition order made by a competent authority and confirmed by an appeal committee under this Law on that day.
    • (2) Where the land is a house, and immediately before the coming into force of this Law the house was occupied by a person for residential purposes or for the purposes of any trade, business or vocation, the house 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.
  • (b) A house which, immediately before the coming into force of this Law, was occupied by a person who had been accommodated therein by billeting notice under regulation 72A of the Defence Regulations, 1939, or by business accommodation 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 immediately 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-
tion and
regulations.
31.
  • (a) The Prime Minister is charged with the implementation of this Law.
  • (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-
ment.
32. This Law shall come into force on the 9th Kislev, 5710 (30th November, 1949).
   
 
SCHEDULE
(Sections 8, 9, and 10)
  • 1. 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 possession 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
   
   
* Passed by the Knesset on the 22nd Cheshvan, 5710 (14th November, 1949) and published in Sefer Ha-Chukkim No. 27 of the 2nd Kislev, 5710 (23rd November, 1949), p. 1; the Bill and an Explanatory Note were published in Hatza'ot Chok No. 13 of the 27th Sivan, 5709 (24th June, 1949), p. 129.

(1) I.R. No. 2 of the 12th lyar, 5708 (21st May, 1948), Suppl. I, p. 1; LSI vol. I, p. 7.

(2) P.G. No. 1019 of the 13th June, 1940, Suppl. I, p. 117 (English Edition).

(3) P.G. No. 1065 of the 20th December, 1940, Suppl. I, p. 289 (English Edition).

(4) P.G. No. 1086 of the 31st March, 1941, Suppl. I, p. 19 (English Edition).

(5) P.G. No. 914 of the 26th August, 1939, Suppl. II, p. 659 (English Edition).

(6) P.G. No. 1259 of the 1st April, 1943, Suppl. II, p. 304 (English Edition),

(7) P.G. No. 1442 of the 27th September, 1945, Suppl. II, p. 1055 (English Edition).

(8) I.R. No. 39 of the 22nd Kislev, 5709 (24th December, 1948), Suppl. II, p. 87.

(9) I.R. No. 41 of the 6th Tevet, 5709 (7th January, 1949), Suppl. II, p. 107.


NOTE: typos found in original, and included in this web-based copy.
Article 15 (a) (2) double 'the'
Article 15 (c) (2) renounced is spelled 'renuonced'
Article 28 (b) subregulation number to be amended is unreadable.
Article 28 (b) in the new paragraph to be amended in, the Minister of Health is typed as "he Minister of Health"


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SOURCE: "Laws of the State of Israel: Authorized Translation from the Hebrew, Volume 4". Government Printer, Jerusalem, Israel (1948-1987), pp. 3-12.

(C) Israel Law Resource Center, February, 2007.

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