Addition of
sections 29 I-P. |
1.The following sections shall be inserted
after section 29H of the Absentees' Property Law, 5710-1950(1):
"Release of
property of
Evangelical
Episcopal
Church. |
29 I.
- (a) Where the Custodian releases any property vested in him
of the evangelical Episcopal Church, he may transfer the ownership
thereof to a body of trustees appointed under section 29 J,
unless at the time of its vesting that property was dedicated
to the members of the dedicator's family or the members of another
family and the beneficiaries are still alive at the time of the
transfer.
- (b) For the purposes of this section and of sections 29 J
- P, "property of the Evangelical Episcopal Church" means
immovable property validly dedicated to the Evangelical Episcopal
Church, and immovable property in respect of which it has been
declared, by a judgment of a competent court, that at the time
of its vesting in the Custodian it was owned by the Evangelical
Episcopal Church or was dedicated to or held for the benefit of
all or part of the members of that Church, even though at the
time of the vesting some other person may have been registered
as the owner of the property.
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Body of
trustees. |
29 J.
- (a) There shall be established a body of trustees for the management of property of the Evangelical Episcopal Church in Israel which has been released and transferred to such body under this Law.
- (b) The body of trustees shall be appointed, with the approval
of the Government, by the Anglican Archbishop in Jerusalem and
by the most senior priest of the Evangelical Episcopal Church
resident in Israel, who shall be designated for that purpose by
the Archbishop. Notice of the Government's approval shall be published
in Reshumot, and the approval shall be conclusive evidence
that the appointment has been validly made.
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Applicability of
sections 29C,
29D and 29F. |
29 K. For the purpose of sections
29 C, 29 D and 29 F, a body of trustees shall
be treated as a board of trustees. |
Management
of property
by body of
trustees. |
29 L. The body of trustees shall manage
the property under its control and, notwithstanding anything provided
under any law or document relating to an endowment, shall use the
income of, or consideration received for, the property for purposes
of education, religion and charity, all in accordance with the requirements
of the Evangelical Episcopal Church in Israel or of the generality
of the members thereof, and subject to the directions of the Government
or of a person appointed by it in that behalf. |
Management of
property by
Custodian. |
29 M. Where property of the Evangelical
Episcopal Church vested in the Custodian has not been released, the
Custodian shall use it, its income and the consideration received
for it for the purposes for which the body of trustees might use it
under this Law. |
Winding-up
of released
family
endowment. |
29 N. Where the Custodian has released
any vested property which at the time of its vesting was validly dedicated
to the members of the dedicator's family, or of another family, who
are still alive, and the dedicator, the owner of the property, the
person having the possession or management thereof, or the beneficiaries
of the endowment, is or are at the time a member or members of the
Evangelical Episcopal Church, the Custodian may transfer the ownership
of that property to those beneficiaries. |
Removal of
limitations. |
29 O. Property transferred under section
29 I or 29 N shall be free from any restriction, qualification
or other similar limitation imposed under any law or document relating
to its dedication. |
Custodian
relieved of
responsibility. |
29 P. Where the Custodian has released
any vested property and has transferred it to a board of trustees
or body of trustees instead of to the members of the family of the
dedicator or the members of another family because he had reasonable
grounds for believing that although the property was indeed dedicated
to them, none of them were alive any more, he shall not for that reason
alone bear responsibility for the transfer, provided that he has done
whatever is necessary and reasonable in the circumstances in order
to ascertain the fate of the beneficiaries. The responsibility of
which the Custodian is relieved by this section shall be borne by
the board of trustees or the body of trustees, as the case may be.". |
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* Passed by the Knesset on the 2nd Av, 5727 (8th August, 1967) and published
in Sefer Ha-Chukkim No. 509 of the l0th Av, 5727 (16th August, 1967),
p. 137; the Bill and an Explanatory Note were published in Hatza'ot Chok
No. 724 of 5727, p. 110.
(1) Sefer Ha-Chukkim No.37 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. 68;
Sefer Ha-Chukkim of 5725, p. 58 - LSI vol. XIX, p. 55. |