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(No. 23) |
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ABSENTEES' PROPERTY (AMENDMENT No. 3) (RELEASE
AND USE OF ENDOWMENT PROPERTY) LAW, 5725—1965* |
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Amendment of
section 4. |
1.
- (a) In section 4 of the Absentees' Property Law, 5710-1950(1) (hereinafter
referred to as "the principal Law"), the following subsection
shall be inserted after subsection (a):
"(1A)
- (1) Where any property is an endowment under any law, the
ownership thereof shall vest in the Custodian free from any
restriction, qualification or other similar limitation prescribed,
whether before or after the vesting, by or under any law or
document relating to the endowment if the owner of the property,
or the person having possession or the right of management
of the property, or the beneficiary of the endowment, is an
absentee. The vesting shall be as from the 10th Kislev, 5709
(12th December, 1948) or from the day on which one of the
aforementioned becomes an absentee, whichever is the later
date.
- (2) The provisions of this subsection shall not void any
restriction, qualification or other similar limitation prescribed
by or under this Law or imposed by the Custodian and shall
not void any transactions effected by him.".
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- (b) This section shall have effect retroactively as from the date
of the coming into force of the principal Law.
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Amendment of
section 9. |
2. Subsection (d) of section 9 of the principal
Law shall be repealed. |
Addition of
sections
29A - 29H. |
3. The following sections shall be inserted
after section 29 of the principal Law:
"Release of
endowment
property. |
29A.
- (a) Where the Custodian releases any endowment property vested in him and which was dedicated for the benefit of the members of the family of the dedicator or of the members of another family, and the beneficiaries are still alive, he may transfer the ownership of the property to them. Where he releases any endowment property vested in him which was not dedicated as aforesaid, he may transfer the ownership thereof to a board of trustees appointed under section 29B or 29H.
- (b) Property transferred as aforesaid shall be free from any restriction, qualification or other similar limitation prescribed by or under any law or any document relating to the endowment.
- (c) For the purposes of this section and of sections 29B to
29H, "endowment property" means Muslim waqf property being
immovable property validly dedicated.
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Boards of
trustees. |
29B. The Government shall, by notice in Reshumot,
appoint boards of trustees for the area of each of the following local
authorities:
| Tel Aviv - Jaffa |
Acre |
| Ramla |
Nazareth |
| Lod |
Shafra'am |
| Haifa |
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The boards of trustees shall manage the endowment property situated in the area of the authority and which has been released and been transferred to them under section 29A. |
The board of
trustees - a
body corporate. |
29C. A board of trustees shall be a body corporate competent
to acquire and transfer any right, enter into any obligation and be
a party to any legal proceeding and to any contract. But a board of
trustees shall not in any manner transfer immovable property which
includes a mosque. |
| Budget. |
29D. A board of trustees shall prepare an annual budget of
income and expenditure in connection with the property under its control.
The budget shall require the approval of the Government and upon such
approval being given shall bind the board of trustees. |
Management
of property by
board of
trustees. |
29E. The board of trustees -
- (1) shall manage the property under its control and all use the
income thereof for the following purposes: relief of the poor,
scholarships to pupils at schools, vocational training, health,
religious in-struction and religious worship or custom, and any
other purpose approved by the Government, all for the requirements
of the Muslim inhabitants within the area of operations of the
board;
- (2) shall use the consideration received for property which ceases to be under its control for the establishment of institutions of the following kinds: orphanages, schools, including schools for vocational training, clinics, mosques and any other similar institution approved by the Government, all for the requirements of the Muslim inhabitants; and all notwithstanding any provision contained in or made under any law or any document relating to an endowment, and subject to the directions of the Government or a person appointed by it in that behalf.
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Inspection
by State
Comptroller. |
29F. A board of trustees shall be subject to inspection by
the State Comptroller after and in so far as the Finance Committee
of the Knesset or the State Comptroller has decided that the inspection
shall become operative. |
Use of
endowment
property by
Custodian. |
29G. Endowment property vested in the Custodian and not released,
and the income thereof and consideration received therefor, shall
be used by the Custodian for the same purposes for which a board of
trustees may use property, and the income thereof and consideration
received therefor, under section 29E. |
Additional
boards of
trustees. |
29H. The Government shall, as may be necessary, by declaration
in Reshumot, designate further localities in the areas of which
boards of trustees shall be established.". |
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LEVI ESHKOL
Prime Minister |
PINCHAS SAPIR
Minister of Finance |
SHNEUR ZALMAN SHAZAR
President of the State |
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* Passed by the Knesset on the 30th Shevat, 5725 (2nd February, 1965)
and published in Sefer Ha-Chukkim No. 445 of the 3rd Adar Alef, 5725
(5th February, 1965), p. 58; the Bill and an Explanatory Note were published
in Hatza'ot Chok No. 629 of 5725, p. 48.
(1) Sefer Ha-Chukkim of 5710, p. 86 - LSI vol. IV, p.
68; Sefer Ha-Chukkim of 5711, p. 70 - LSI vol. V, p. 63;
Sefer Ha-Chukkim of 5716, p. 34 - LSI vol.X, p. 31. |