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STATE PROPERTY LAW (5711-1951)* |
Inter-
pretation |
1. In this Law --
- "Israel" means the area in which the law of the State of Israel applies;
- "property" includes immovable and movable property and rights and interests of any kind whatsoever;
- "property of the Palestine authorities" includes -
- (1) all immovable property,
- (2) all mines and minerals of whatever kind, situate in or on land or in, on or under water, including rivers, lakes, inland seas and coastal waters,
- (3) all movable property,
- (4) all rights, whether vested or contingent,
which, on the 5th of Iyar, 5708 (14th May, 1948), were held by the Government of Palestine or any of its departments or services, or by the High Commissioner, whether as trustee for the Government of Palestine or otherwise, or by some other functionary of the Government of Palestine in virtue of his office, whether as trustee for the Government of Palestine or any of its departments or services or otherwise than as a trustee;
- "urban land" means land in Israel, situate within a town-planning area and not included in a regional planning area;
- "concession" includes a licence, permit, mining lease and mining right under the Mining Ordinance(1), the Oil Mining Ordinance, 1938(2), or the Radio-Active Minerals Ordinance, 1947(3).
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Property of
the Palestine
authorities
to be State
property. |
2. Property of the Palestine authorities, situate in Israel, is property of the State of Israel as from the 6th Iyar, 5708 (15th May, 1948). |
Ownerless
property
to be State
property. |
3. Ownerless property situate in Israel is property of the State of Israel as from the day of its becoming ownerless or as from the 6th Iyar, 5708 (15th May, 1948), whichever is the later date. |
Acquisition
etc. of pro-
perty on be-
half of the
State. |
4. The Government may, on behalf of the State, acquire by way of purchase or exchange or in any other manner, hire, take on lease or otherwise acquire rights in, property situate in or out of Israel, on such conditions as it may think fit. |
Transactions
involving
State pro-
perty. |
5.
- (a) Subject to the provisions of subsections (b) and (c), the Government, may, on behalf of the State, sell or otherwise dispose of, let, grant the lease of, exchange, mortgage, partition, divide, amalgamate, permit the use or exploitation of or otherwise grant rights in State property, whether of the kind referred to in section 2 or 3 or other State property, situate in or out of Israel, on such conditions as it may think fit.
- (b)
- (1) The Government shall not, on behalf of the State, sell or otherwise transfer the right of ownership of State property, being immovable property other than urban property, situate in Israel.-
- (i) and not exceeding one hundred dunams in area, except for the purpose of a boundary adjustment or the rounding-off of an estate, non-agricultural development, or other similar purposes;
- (ii) and exceeding one hundred dunams but not exceeding one thousand dunams in area, except for the purpose of non-agricultural development and with the approval of the Finance Committee of the Knesset;
- (iii) and exceeding one thousand dunams in area, except for the purpose of non-agricultural development and with the approval of the Knesset.
- (2) The Government shall not, on behalf of the State, let or grant the lease of State property, being immovable property other than urban land, situate in Israel and exceeding one hundred dunams in area -
- (i) for a period exceeding three years but not exceeding ten years, except with the approval of the Finance Committee of the Knesset; or
- (ii) for a period exceeding ten years, except with the approval of the Knesset.
- (3) Notwithstanding anything contained in this subsection, the Government may, on behalf of the State -
- (i) sell or otherwise transfer the right of ownership of property referred to in this subsection, for any purpose, whatsoever, or
- (ii) let or grant the lease of property referred to in this subsection, for any period whatsoever, to the Keren Kayemet Leyisrael, the Development Authority or a local authority.
- (c) The Government shall not, on behalf of the State, whether under this Law or under any other law, grant a concession in respect of mines or minerals being State property -
- (i) for a period exceeding three years but not exceeding ten years, except with the approval of the Finance Committee of the Knesset; or
- (ii) for a period exceeding ten years, except with the approval of the Knesset.
- (d) Notice of any sale of State property, being immovable property
situate in Israel, under this section shall be published in Reshumot
within three months of the date of the sale.
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Representa-
tion of the
Government
in trans-
actions. |
6.
- (a) The following are authorised to represent the Government in, and execute
on behalf of the State documents relating to, transactions referred
to in section 4 or 5:
- (1) the Minister of Finance;
- (2) another Minister or other person authorised in that behalf by the Government either generally or in respect of specific kinds of transactions or property;
- (3) some other person authorised in that behalf by the Minister of Finance, or by another Minister as specified in paragraph (2), in respect of specific transactions.
- (b) Notice of an authorisation under subsection (a) shall be published
in Reshumot.
- (c) The signature of the Minister of Finance or, within the limits of an authorisation under subsection (a), the signature of the Minister or other person authorised, on documents relating to any transaction referred to in section 4 or 5, shall be conclusive evidence that the Government has entered into the transaction through the signatory and considers the terms of the transaction to be fair.
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Saving of
existing
laws. |
7. Save as provided in section 5(c), the provisions of sections 4, 5 and 6 shall not affect the provisions of any other law dealing with State property. |
Validation of
transaction. |
8.
- (a) A transaction referred to in section 4 or 5 which -
- (1) was or purports to have been entered into before the coming into force of this Law; and
- (2) is certified by the Minister of Finance, or a person appointed by him, as having been or purporting to have been entered into on behalf or in the name of the State; and
- (3) would been validly entered into had the person who entered or purported to enter thereinto on behalf or in the name of the State been competent so to enter thereinto shall be deemed to have been validly entered into.
- (b) Notice of any appointment under subsection (a) (2) shall be published
in Reshumot.
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| Repeal. |
9. There are hereby repealed:
- (1) sections 12 and 13 of the Palestine Order in Council, 1922-1947(4);
- (2) the Public Lands Ordinance, 1942(5);
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Implementa-
tion and
regulations. |
10.
- (a) The Minister of Finance is charged with the implementation of this Law.
- (b) The Minister of Finance may make regulations as to the safe-guarding, management and control of State property.
- (c) The Minister of Finance may make regulations as to the manner of registration of State property and as to the change of existing registrations relating thereto.
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DAVID BEN-GURION
Prime Minister |
ELIEZER KAPLAN
Minister of Finance |
CHAIM WEIZMANN
President of the State |
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* Passed by the Knesset on the 30th Shevat, 5711 (6th February, 1951)
and published in Sefer Ha-Chukkim No.68 of the 9th Adar Alef 5711
(15th February, 1951); the Bill and an Explanatory Note were published in
Hatza'ot Chok No.54 of the 2nd Cheshvan, 5711 (13th October, 1930),
p. 12.
(1) Laws of Palestine vol. II, cap. 94, p. 938 (English Edition).
(2) P. G. No. 793 of the 7th July, 1938, Suppl. I, p.49 (English
Edition).
(3) P. G. No.1612 of the 20th September, 1947, Suppl. 1, p. 291
(English Edition).
(4) Laws of Palestine vol.III, p. 2569 (English Edition) ; P.
G. No. 1642 of the 19th January, 1948, Suppl. II, p. 35 (English Edition).
(5) P. G. No. 1182 of the 30th March, 1942, Suppl. I, p. 39 (English
Edition). |