| No. 62 |
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DEVELOPMENT AUTHORITY (TRANSFER OF PROPERTY) LAW,
5710-1950* |
Interpreta-
tion. |
1. In this Law --
- "property" includes immovable and movable property, and rights and interests of any kind whatsoever;
- "urban land" means property situated 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.
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Development
Authority. |
2.
- (a) The Government may, by order published in Reshumot, appoint
a body of persons to be an Authority for the Development of the Country
(in this Law called: "the Development Authority").
- (b) The Development entity shall be a corporate body and shall be authorized to enter into contracts, 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.
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| Powers. |
3. The Development Authority is competent -
- (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 --
- (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 ownership of land so acquired may not be re-transferred except, with the consent of the Development Authority, to one of the bodies mentioned in this subparagraph;
- (b) 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;
- (d) 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 credits, 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 and in respect of any matter;
- (8) to employ agents, officials and other employees and to prescribe their conditions 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.
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| Report. |
4. The Government shall submit to the Knesset, at least once every four months, a report on the activities of the Development Authority. |
| Budget. |
5. The budget of the Development Authority shall be fixed by a Law of 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 Economic Committee of the Knesset. |
General
Authorization
to sell etc. |
6. Notwithstanding anything contained in any other law, memorandum of association, articles of association or other document, and irrespective of any prohibition 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, 1939(1)), the Administrator General (within the meaning of the Administrator General Ordinance, 1944(2)), a company, a cooperative society, a trustee; the administrator of an estate, and a guardian, curator, or other person representing a legally incompetent person - entitled to any property may sell or otherwise transfer such property to the Development Authority and enter for this purpose into any such agreement as may be required. |
Right of
pre-emption
etc. not to
apply. |
7. The sale, or disposal in any other manner, to the Development Authority of property of the category of immovable property shall not be a basis for any claim under the provisions of the third chapter of the ninth book of the Mejelle or the provisions of section 41, 42, 44 and 45 of the Ottoman Land Law, notwithstanding anything contained in such provisions. |
Implementa-
tion. |
8. The Minister of Finance is charged with the implementation of this Law and may make regulations as to any matter relating to its implementation. |
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DAVID BEN-GURION
Prime Minister |
ELIEZER KAPLAN
Minister of Finance |
YOSEF SPRINZAK
Chairman of the Knesset
Acting President of the State |
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* Passed by the Knesset on the 17th Av, 5710 (31st July, 1950) and published
in Sefer Ha-Chukkim No. 57 of the 25th Av, 5710 (9th August, 1950);
the Bill and an Explanatory Note were published in Hatza'ot Chok
No. 25 of the 17th Kislev, 5710 (8th December, 1949), p. 23.
(1) P.G. No. 923 of the 5th September, 1939, Suppl. I, p. 95
(English Edition).
(2) P.G. No. 1390 of the 28th December, 1944, Suppl. I, p. 151
(English Edition). |