Absentees' Property (Compensation) Law, Amendment 2 (1973)

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(No. 36)

ABSENTEES' PROPERTY (COMPENSATION) (AMENDMENT No. 2) LAW, 5742—1982*

Amendment of
section 4.

1. In section 4 of the Absentees' Property (Compensation) Law, 5733-1973(1) (hereinafter referred to as "the principal Law"), the words "eight years" shall be replaced by the words "twelve years".

Amendment of
section 6.

2. Section 6 of the principal Law shall be re-marked as section 6(a) and the following subsection shall be added thereafter:

"(b) The Minister of Finance and the Minister of Justice may, by regulations, enact supplementary provisions for the calculation of compensation.".

Replacement of
section 10.

3. Section 10 of the principal Law shall be replaced by the following section:

"Time for
payment to owner
of property.

10.

(a) Compensation finally fixed for the owner of the property and not, together with the linkage differentials under subsection (c), exceeding 50,000 shekalim shall be paid to him in cash within sixty days from the day on which it was fixed as aforesaid.
(b) Where the compensation exceeds the amount specified in subsection (a), the balance or, at the option of the claimant, the whole amount of the compensation shall be paid in bonds issued under section 15, which shall be delivered to him within six months from the day on which the compensation was fixed.
(c) The compensation, or the part thereof, payable in cash shall be linked to the index and be paid increased in the proportion of the excess of the new index over the basic index. For this purpose -
- "index" and "basic index" have the same respective meanings as in section 15 (h);
- "new index" means the index last published before the date on which the compensation was finally fixed.".

Amendment of
section 15.

4. In section 15 of the principle Law -

(1) in subsection (e), the words "on the 1st October of every year, beginning 1975, or on the 1st October of any year in which a claim was filed after 1975" shall be replaced by the words "on the 1st October of every year, beginning with the 1st October following the day on which the compensation was finally fixed";
(2) in subsection (f), the expression "4 per cent p.a." shall be replaced by the expression "3 per cent p. a.".
(3) in subsection (h)(3), in the definition of "new index", the words "for the month of December" shall be replaced by the words "for the month of August".

Amendment of
Schedule.

5. In Chapter One of the Schedule to the principal Law, section 1 shall be re-marked as section (a) and the following subsection shall be added thereafter:

"(b) Where no net annual value was determined for the purposes of the Ordinance before the determining date or the value so determined cannot be proved, the advisory committee shall fix the annual value which was likely to be determined; it shall do so in accordance with the net annual value first determined for the purposes of the Ordinance after the determining date, or with the value determined as aforesaid for adjacent property, and after making the adjustments it deems necessary in the circumstances of the case.".

	MENACHEM BEGIN Prime Minister	YOSEF BURG Minister of the Interior
YITZCHAK NAVON President of the State

* Passed by the Knesset on the 6th Av, 5742 (26th July, 1982) and published in Sefer Ha-Chukkim No. 1057 of the 15th Av, 5742 (4th August, 1982), p. 200; the Bill and an Explanatory Note were published in Hatza'ot Chok No. 1545 of 5741, p. 451.

(1) Sefer Ha-Chukkim of 5733,p.164 - LSI vol. XXVII, p. 176; Sefer Ha-Chukkim of 5736, p. 226 - LSI vol. XXX, p. 222.

SOURCE: "Laws of the State of Israel: Authorized Translation from the Hebrew, Volume 36". Government Printer, Jerusalem, Israel (1948-1987), p. 212-3.