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EMERGENCY REGULATIONS (CULTIVATION OF WASTE LANDS) (EXTENSION OF VALIDITY) ORDINANCE
No. 36 OF 5709-1949*
  THF PROVISIONAL COUNCIL OF STATE hereby enacts as follows:--
Extension
of validity,
I.R. No. 27
of 12th
Tishri, 5709
(15.10.48),
p. 3.
1. The validity of the Emergency Regulations (Cultivation of Waste Lands), 5709-1948, in the amended form set out in the Schedule to this Ordinance, is hereby extended until a declaration of the Provisional Council of State is published, under section 9(d) of the Law and Administration Ordinance, 5708-1948, to the effect that the state of emergency has ceased to exist.
Saving. 2.
  • (a)
    • (1) Any agreement, act or confirmation made, done or given under the Regulations set out in the Schedule to this Ordinance shall have effect even after the said declaration of the Provisional Council of State is published, as though that declaration had not been published.
    • (2) The provisions of regulation 21 of the Regulation set out in the Schedule to this Ordinance, and the provisions contained in those Regulations as to the duty or right of any person to have recourse to a committee established under the said regulation 21, shall have effect even after the said declaration of the Provisional Council of State is published, as though that declaration had not been published.
  • (b) A reference in any contract or other document to the Emergency Regulations (Cultivation of Waste Lands), 5709-1948, or to the whole or a part of any regulation thereof, shall be deemed to be a reference to the Regulations set out in the Schedule to this Ordinance or to the whole or a part of a corresponding regulation thereof.
  • (c) The provisions of this section shall not derogate from the provisions of the Interpretation Ordinance, 1945.
3. This Ordinance may be cited as the Emergency Regulations (Cultivation of Waste Lands) (Extension of Validity) Ordinance, 5709-1949.
SCHEDULE

EMERGENCY REGULATIONS CONCERNING THE CULTIVATION OF WASTE LANDS AND THE USE OF UNEXPLOITED WATER RESOURCES

Inter-
pretation.
1. In these Regulations -
  • "crops" include cereals, fruit and vegetables of all kinds;
  • "cultivation" means the operations necessary to obtain crops from the land by a method which the Minister of Agriculture deems efficient, and includes the operations necessary to prevent deterioration of a plantation;
  • "cultivator" means a person to whom waste land has been handed over for cultivation under these Regulations and includes the Minister of Agriculture where he himself cultivates waste land under regulation 7 (a);
  • "land" means land of any kind whatsoever, except land situate in a municipal area within the meaning of the Municipal Corporations Ordinance, 1934, and includes a plantation and any thing fixed to any land and used or capable of being used for its cultivation, and also water available for ihe cultivation of the land;
  • "owner", in respect of any land, includes the reputed owner;
  • "waste land" means land capable of yielding crops and which, in the opinion of the Minister of Agriculture, is uncultivated;
  • "water available for the cultivation of the land" means water situate on or in, or passing through, any land or ordinarily used for its irrigation, and includes borings, wells, springs, pipes, pools and other water reservoirs supplying or containing such water or through which such water passes.
Warning to
owner of
waste land.
2.
  • (a) The Minister of Agriculture may warn the owner of waste land to cultivate the land or to ensure-that it is cultivated.
  • (b) The warning shall be in writing and shall be signed by the Minister of Agriculture, and it may be made known in any of the following ways, as the Minister of Agriculture may in each case think fit:
    • (1) by delivery to the owner of the land; or
    • (2) by posting it up at the place of residence of the owner of the land or, if his place of residence is unknown, at or near the place where he was last known to reside; or
    • (3) by posting it up in a conspicuous position upon the land or at the entrance thereto; this form of publication shall also be valid in the event of the owner of the land being unknown.
  • (c) No act done in respect of waste land under these Regulations shall be invalidated on the ground that the warning did not come to the knowledge of the owner of the land.
Objection. 3. The owner of the waste land may, within 14 days of the publication of the warning, apply to the Minister of Agriculture at the address indicated for this purpose in the warning, and submit proof that he has already begun, or will begin as soon as possible, to cultivate the waste land and that he will continue such cultivation.
Assumption
of Control
of waste
land by
Minister of
Agriculture.
4. If the owner of the waste land does not apply to the Minister of Agriculture as specified in regulation 3, or if the Minister of Agriculture is not satisfied that the owner of the land has begun or is about to begin or will continue to cultivate the land, the Minister of Agriculture may assume control of the land in order to ensure its cultivation.
Period of
control.
5.
  • (a) The period during which the Minister of Agriculture retains control of waste land or for which he hands over waste land for cultivation shall not extend beyond a term of five years from the day on which he assumed control thereof.
  • (b) Where the Minister of Agriculture assumes control of waste land or hands over waste land for cultivation, the provisions of the Land Transfer Ordinance (cap. 81) shall not apply to such assumption of control or handing-over.
Notification
of assump-
tion of con-
trol; register
of waste
lands.
6.
  • (a) The Minister of Agriculture shall notify the owner of waste land, in such a manner as he may in each case think at, that he has assumed control of the land, and he shall keep a register of the waste lands of which he has assumed control, containing a detailed description of the lands.
  • (b) The register shall be maintained at the Ministry of Agriculture and shall be open for inspection free of charge by any person interested in the land.
Cultivation
of waste
lands.
7. To ensure the cultivation of waste land of which he has assumed control, the Minister of Agriculture may -
  • (a) cultivate the land himself through workers employed by him; or
  • (b) hand over the land for cultivation to another person.
Trusteeship. 8.
  • (a) The Minister of Finance shall act as trustee for the owner of the waste land or other property of which the Minister of Agriculture has assumed control under these Regulations.
  • (b) The Minister of Finance may delegate all or any of his powers under subregulation (a) to another person.
Cultivation
agreements.
9. The conditions under which waste land is handed over for cultivation under regulation 7 (b) shall be laid down in a written agreement between the Minister of Agriculture, the cultivator and the Minister of Finance as trustee for the owner of the land.
Income from
waste land.
10.
  • (a) The owner of the land shall be entitled to the whole of the net income that shall accrue from the cultivator under the said cultivation agreement.
  • (b) Save as provided in subregulation (a), the owner of the land shall not be entitled to any compensation or payment in respect of the use of his land by the cultivator.
Crops of
waste land.
11.
  • (a) All crops obtained from waste land as a result of its cultivation by a cultivator shall be the property of the cultivator, and no other person shall have any rights therein.
  • (b) Without prejudice to the provisions of subparagraph (a), the Minister of Agricufture may, at the end of the season, grant to the owner of the land a part of the crops of the land or of their value; the size of such part shall be determined by the Minister of Agriculture.
Use of
water.
12. Subject to the provisions of the agreement made under regulation 9, the cultivator may, during the period of cultivation, use the water available for the cultivation of the land.
Use of
implements,
etc.
13.
  • (a) The Minister of Agriculture, or another cultivator with his written approval, may, during the period of cultivation, use the whole or any part of the buildings, machinery, vehicles, animals, installations, tools and other implements situate on the waste land and ordinarily used for the purpose of its cultivation.
  • (b) In return for the use of such property as aforesaid, the cultivator shall pay to the owner thereof compensation at a rate to be fixed in each case by a committee established under regulation 21.
Investment
of labour
and money.
14. Where the Minister of Agriculture, or another cultivator with his written approval, has invested labour or money in waste land for one or more of the following purposes, namely:
  • (a) light ploughing for summer crops, manuring, deep ploughing, irrigation, treatment of plantations or other similar operations;
  • (b) repairs and technical improvements necessary for the cultivation of the waste land;
  • (c) the erection of permanent or temporary buildings for the purpose of the cultivation of the land or the accommodation of the persons cultivating it;
  • (d) otherwise improving the land, the water or the plantations,
a committee established under regulation 21 shall, after the expiration of the period of cultivation, determine whether the investment is of benefit also to the owner of the land, and if so, it shall determine the amount of the benefit and require the owner of the land to pay such amount to the cultivator.
Cultivators
(Protection)
Ordinance
not to apply.
15. The provisions of the Cultivators (Protection) Ordinance (cap.38) shall not apply to waste lands cultivated under these Regulations, and the cultivator shall not be entitled to the protection afforded by those provisions.
Unexploited
means of
agricultural
cultivation.
16.
  • (a) The Minister of Agriculture may assume control, for a period not exceeding five years, of any animal, machine, tool or implement capable of being used for agricultural purposes, and of any building in a rural area, which are not used for the requirements of the defence of the State or public security and which in his opinion are not sufficiently utilised, and he may use them, in such a manner and on such conditions as he may think fit, for the purpose of the cultivation of waste lands, against payment of compensation to the owner at a rate to be fixed in each case by a committee established under regulation 21.
  • (b) Where the Minister of Agriculture assumes control of a building in a rural area under subregulation (a), the provisions of the Land Transfer Ordinance (cap.81) shall not apply to such assumption of control.
Unexploited
water
resources.
17.
  • (a) The Minister of Agriculture may assume control, for a period not exceeding five years, of water resources and water installations which in his opinion are not sufficiently utilised, and he may use them for agricultural purposes in such a manner and on such conditions as he may think fit.
  • (b) The owner of the water resources or water installation may, in the twelfth, twenty-fourth, thirty-sixth and forty-eighth months of their or its being under the control of the Minister of Agriculture, apply to a committee established under regulation 21, for the restoration to his control of the whole or a part of the water resources or water installation on the ground that he needs them or it for agricultural purposes of his farm. The committee shall decide to restore the water resources or water installation to the applicant's control if and to the extent that it is satisfied that such restoration is required by him for the said purposes.
  • (c) The owner of the water resources or water installations shall be entitled to the net income derived from their or its use, and shall not be entitled to any other compensation for such use. An account of the income shall be prepared at the end of each successive period of six months reckoned from the day of the assumption of control of the water resources or water installation by the Minister of Agriculture, or at shorter intervals.
  • (d) Where the Minister of Agriculture assumes control of any water resources or water installation, the Land Transfer Ordinance (cap.81) shall not apply to such assumption of control.
Borings. 18.
  • (a) The Minister of Agriculture may complete unfinished borings and for this purpose assume control of machinery, tools and implements against payment of rent to the owner thereof at a rate to be fixed in each case by a committee established under regulation 21.
  • (b) After land on which boring operations have been completed under this regulation is restored to its owner, a committee established under regulation 21 shall determine whether the boring operations the land, and if so, it shall determine the amount of the benefit, and require the owner of the land to pay such amount to the. Minister of Finance. Such a debt shall automatically constitute a first charge on the installation erected or completed by the boring operations and on the area on which it was erected or completed.
Payments. 19.
  • (a) All payments and benefits to which an owner of waste land or other property is entitled under regulations 10, 11 and 13 shall be effected or delivered to the Minister of Finance. All payments due from an owner of waste land to a cultivator under regulation 14 shall be effected to the cultivator by the Minister of Finance, but only to the extent of the net income received by him in connection with the land.
  • (b) The Minister of Finance may sell any part of the crops delivered to him under regulation 11(b).
  • (c) If upon cessation of the Minister of Agriculture's control over any property of which he had assumed control under these Regulations, there remains in the hands of the Minister of Finance a surplus of net income received in connection with the property, the surplus shall be credited to the owner of the property.
  • (d) Any sum due from the owner of the land to a cultivator under these Regulations and which is not paid by the end of the period of control in accordance with subregulation (a) may be collected by the cultivator from the owner of the land, and such a debt shall automatically constitute a first charge on the land.
Restoration
of property
upon expira-
tion of the
period of
control.
20.
  • (a) Any waste land or other property which is under the control of the Minister of Agriculture by virtue of these Regulations shall upon expiration of the period of control be restored to the person then entitled to have control thereof.
  • (b) A committee established under regulation 21 shall determine whether, and if so, to what amount, payment shall be made to the owner in respect of any property handed over to a cultivator under these Regulations and which has been lost, destroyed or damaged (otherwise than by ordinary wear and tear) during the period of control, it shall likewise determine who is liable to pay that amount.
  • (c) The committee shall have regard to the circumstances of each case and shall not award payment to the owner in respect of property lost, destroyed or damaged if in the circumstances of the case a hirer would not be legally liable to the lessor in respect of such loss, destruction or damage.
Committees. 21.
  • (a) There shall be established committees each of which shall consist of three members appointed by the Minister of Justice in consultation with the Minister of Agriculture and the Minister of Minorities, and of whom one shall have had agricultural experience or an agricultural education and be the chairman of the committee and the other two shall be representatives of the public.
  • (b) The decisions of a committee constituted under subsection (a) shall be final and non-appealable, and they may be executed like non-appealable judgments of a court of law.
  • (c) If waste land or any other property passing under the control of the Minister of Agriculture under these Regulations was leased or let by its owner for a term comprising the whole or a part of the period of its control by the Minister of Agriculture, a committee as aforesaid shall apportion between the owner and the lessee or hirer any sum or crops due to, and any sum due from, the owner of the land under these Regulations, as it may think fit, and it shall credit or debit them accordingly.
Prohibition
of use of
waste land
without per-
mission from
the Minister
of Agricul-
ture.
22.
  • (a) No person shall take possession of, cultivate or use, otherwise than in accordance with these Regulations, any waste land, water sources, water installation or other property of which the Minister of Agriculture has assumed control under these Regulations, without previously obtaining permission in writing from the Minister of Agriculture.
  • (b) Anyone contravening the provisions of this regulation shall be liable to imprisonment for a term not exceeding six months or to a fine not exceeding one hundred pounds or to both such penalties.
Disposses-
sion of a
person using
waste land
without
permission.
23.
  • (a) Where any person takes possession of, cultivates or uses, otherwise than in accordance with these Regulations and without previously obtaining permission in writing from the Minister of Agriculture, any waste land or other property of which the Minister of Agriculture has assumed control under these Regulations, the Minister of Agriculture may warn him to relinquish the land or other property within seven days from the day on which the warning is served. If the person to whom the warning is addressed does not comply with it within the time set, he shall be dispossessed of the land or property; for this purpose the police shall. act under the instructions of the Minister of Agriculture and may, if necessary, use force for the dispossession of that person.
  • (b) The provisions of this regulation shall also apply where a person took possession of, cultivated or used waste land or other property even before it passed under the control of the Minister of Agriculture or before the publication of these Regulations.
Validation
of previous
acts.
24. The Minister of Agriculture may validate all or any acts connected with the cultivation of waste land and done by any person without permission before or after the coming into force of these Regulations, and he may direct that all or any of the provisions of these Regulations shall apply to crops obtained from the land as a result of such acts, to property of the kind referred to in regulation 13 and to investments of the kind referred to in regulation 14, as though the land had been handed over to that person for cultivation under regulation 7(b).
Title. 25. These Regulations may be cited as the Emergency Regulations (Cultivation of Waste Lands), 5709-1948.
5th Tevet, 5709 (6th January, 1949)    
  DAVID BEN-GURION
Prime Minister
 
FELIX ROSENBLUETH
Minister of Justice
  AHARON ZISLING
Minister of Agriculture
EXPLANATORY NOTE:

War conditions have resulted in lands being abandoned by their owners and cultivators and left untilled, plantations being neglected and water resources remaining unexploited. On the other hand, the interest of the State demands that, without prejudice to the right of ownership of land or other property, agricultural production be maintained and expanded as much as possible and the deterioration of plantations and farm installations prevented. For the attainment of these objects it is necessary that the Minister of Agriculture should have certain emergency powers, which are conferred upon him by these Regulations.

* Published in Iton Rishmi No.41 of the 6th Tevet, 5709 (7th January, 1949).


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SOURCE: "Laws of the State of Israel: Authorized Translation from the Hebrew, Volume 2". Government Printer, Jerusalem, Israel (1948-1987), p. 70-7.

(C) Israel Law Resource Center, February, 2007. 1