Jerusalem/Israeli measures – SecGen report under S/RES/252 (1968)/Addendum

REPORT OF THE SECRETARY-GENERAL UNDER SECURITY COUNCIL

RESOLUTION 252 (1968) OF 21 MAY 1968

Addendum

1. The present document is an addendum to the report submitted by the Secretary-General on 11 April 1969 in pursuance of Security Council resolution 252 (1968) of 21 May 1968, which requested the Secretary-General to report to the Council on the implementation of the resolution.

2. In his report of 11 April 1969 the Secretary-General indicated that, in the absence of the receipt of information from the Government of Israel, the only other source of information of an official nature pertinent to the implementation of Security Council resolution 252 (1968) which was available to the Secretary-General was the Israel Official Gazette (Reshumoth).  The Secretary-General appended to his report an unofficial translation of a bill adopted by the Israel Parliament on 14 August 1968, entitled the "Legal and Administrative Matters (Regulation) Law" which was relevant to the situation in Jerusalem.

3. This addendum brings to the attention of the Security Council in an annex certain emergency regulations – "Regulation of Legal and Administrative Matters – Further Provisions" – which are in the form of additional provisions to the "Legal and Administrative Matters (Regulation) Law", the text of which is contained in document S/9149.  These Emergency Regulations have been promulgated by the Minister of Justice pursuant to powers vested in him by paragraph 9 of the Law and Administrative Ordinance of 1948 (No. 1 of 5708).

4. Also set forth in this addendum are two sets of Regulations – "Regulation of Legal and Administrative Matters (Extension of Times for Continuance of Operation of Companies)" and "Regulations concerning Continuance of Pursuit of Occupation", the effect of which would appear to be to postpone for a period of six months from the date of their promulgation (27 April 1969), certain of the provisions of the "Legal and Administrative Matters (Regulation) Law".

5. The unofficial translations of the above-mentioned texts are as follows:

A

LAW AND ADMINISTRATION ORDINANCE, 5708-1948

EMERGENCY REGULATIONS CONCERNING SUPPLEMENTARY PROVISIONS TO

THE LEGAL AND ADMINISTRATIVE MATTERS (REGULATION) LAW

By virtue of the authority vested in me pursuant to Para. 9 (a) of the Law and Administration Ordinance, 5708-1948,1/ I hereby institute the following Emergency Regulations:

Addendum Para. 9 (a) 1. In the "Legal and Administrative Matters (Regulation) Law, 5728-1968" 2/ (hereinafter referred to as the "Basic Law"), there is to be inserted, after Para. 9:

"Registration of Companies    9 a. (a) In the case of a Company which on the

and Transfer of Assets              eve of the entry into force of an and Liabilities application of law order or of the coming into force of this Law, whichever is later, had a registered office or a place of business in the area within the jurisdiction of the Order, and which was established in accordance with the law prevailing in that area at the time of its establishment, and which did not act in accordance with Para. 9 or 10 by the date on which the Emergency Regulations (Supplementary Provisions) to the Legal and Administrative Matters (Regulation) Law, 5729-1969, entered into force, the Minister of Justice may instruct by an order its registration in Israel in accordance with the Companies Ordinance, from the date the Minister shall determine in the order, and he may give in the order any instruction in the matter; did the Minister of Justice give an order as above, the Registrar of Companies shall register the said company in accordance with the Companies Ordinance.

        

1/ Official Gazette 5708 (1948), Addendum A, No. 2, page 1.

2/ Sefer Ha'Chukkim No. 542, 5728 (1968), page 247.

(b) The order according to sub-section (a) shall be published in the Official Gazette.

(c) The Registrar of Companies has the right to demand from the company that is subject to sub-section (a) and from anyone serving as a member of the board of directors, or as a business manager, on the eve of the issuing of such an order in accordance with sub-section (a), that they submit to him certified copies of its Memorandum and Articles of Association, and any additional particulars regarding the company, required for its registration.

(d) The Registrar of Companies shall make the arrangements for the transfer of the assets and liabilities of the company, subject to the provisions of sub-section (a), and he shall apply to the District Court of Jerusalem, by way of motion, for an order confirming the arrangement; the provisions of Para. 9 (b) and 9 (c) shall apply, mutatis mutandis, to the arrangement under this sub-section.

(e) Para. 8 shall apply, mutatis mutandis, to the company under this Paragraph, if no prior mortgage or lien had been registered under sub-section (d).

(f) A company subject to sub-section (a) which has not submitted as yet to the Registrar of Companies certified copies of its Memorandum and Articles of Association as aforesaid under sub-section (c) shall be subject to the following provisions:

(1)  If the company conducts business within the area of jurisdiction of the law, such business shall be deemed to exist only within the limits defined in the Memorandum;

(2)  As long as it did not submit its Articles of Association to the Registrar of Companies, the Articles of Association included in the Third Addition to the Companies Ordinance shall be considered as the company's Articles of Association and it shall act in accordance with same.

(3)  Notwithstanding the provisions of clauses (1) and (2), the Minister of Justice may define in an order the objectives of the company as hereinabove and this definition shall be in force as long as the company fails to submit its Memorandum and Articles of Association as required under sub-section (c).

(4)  The Minister of Justice or whoever shall be so empowered by the Minister may issue a certificate in writing as to the scope and authority of the company and as to any other matter arising out of its registration and from the transfer of its assets and liabilities."

Addendum to Para. 11 (a) 2. After Para. 11 of the Basic Law there is to be inserted:

"Registration of 11 a. Provisions of Para. 9 (a) shall

 Partnerships also apply to partnerships."

Addendum to Para. 15 (a) 3. After Para. 15 of the Basic Law there is to be inserted:

"Licences Additional 15 a. (a) Where, before the coming into force of

Provisions the application of law order, a resident of the area of application of said order engaged in any vocation, handicraft or other occupation under the law then applying in that area, and such activity requires a licence under an Israeli enactment, the Minister charged with the implementation of the aforesaid Israeli enactment may issue an order that such resident shall be considered as a holder of the licence from the date the Minister shall determine in the order.

(b) Any person considered as a holder of the licence in accordance with this paragraph, shall be considered in any matter as a person who received a licence under the legislation governing the said vocation, handicraft or other occupation.

(c)  The order as aforesaid in sub-section (a) shall be published in the Official Gazette.

(d)  The Minister charged with the implementation of the enactment or any person so empowered by the Minister may require the resident to whom sub-section (a) applies to give particulars as to his person and qualifications."

Amendment of Para. 16 4. In Para. 16 of the Basic Law –

(1)  In sub-section (a), replace the words "who served as a judge of a civil court, or was an advocate in such area" by "who, in such area or in any part of Eretz Israel not designated in the aforesaid order, served as a judge of a civil court or was an advocate";

(2)  After sub-section (e), insert:

"(f)  In the case of a member of the Chamber of Advocates in accordance with this paragraph, the period of his previous activities as a judge or advocate, as stated in sub-sections (a) or (d), shall, for all lawful purposes, also be considered as a period during which he served as a judge or advocate, as the case may be, in Israel; this provision does not detract from the authority mentioned in sub-sections (c) or (d)."

Addendum to Para. 19 (a) 5. After Para. 19 of the Basic Law, insert:

   "Validity of 19 (a).  Registration made under this Law

   Registration                 may not be challenged as to its validity."

Addendum to Para. 20 (a) 6. After Para. 20 of the Basic law, insert:

   "Implementation date        20 (a).  From the effective date of the

   of the law of State order for the implementation of the Law,

   Property Para. 2 of the State Property Law, 5711-1951 3/ shall apply, mutatis mutandis, to any property of the State Authorities, as stated in Para. 5 (a)."

Title 7. These Regulations shall be called "Emergency Regulations (Legal and Administrative Matters (Regulation) Law – Supplementary Provisions), 5729-1969."

9th day of the month of Iyar 5729 (27 April 1969)

                                                         Yaakov S. Shapira

                                                        Minister of Justice

             

3/ Sefer Ha'Chukkim No. 68, 5711 (1951), page 52.

B

LEGAL AND ADMINISTRATIVE MATTERS (REGULATION)

 LAW, 5728-1968

REGULATIONS REGARDING CONTINUING ACTIVITIES OF COMPANIES

By virtue of the authority vested in me under Para. 22 of the Legal and

Administrative Matters (Regulation) Law, 5728-1968 1/ (hereinafter referred to as the Law), I hereby institute the following Regulations:

Extension of Dates 1. The period of six months mentioned in each one of the paragraphs 6, 9 (1), and 10 of the Law as extended by the Regulations of the Legal and Administrative Matters (Regulation) Law (Extension of Deadlines to Permit Companies to Continue their Activities), 5729-1969,2/ is hereby extended for an additional six months.

Title 2. These regulations shall be called "Regulations of the Legal and Administrative Matters (Regulation) Law (Extension of Deadlines to Permit Companies to Continue their Activities), 5729-1969".

9th day of the month of Iyar, 5729 (27 April 1969)

                                                            Yaakov S. Shapira

                                                           Minister of Justice

              

1/ Sefer Ha'Chukkim, No. 542, 5728 (1968), p. 247.

2/ Collection of Regulations No. 2354, 5729 (1969), p. 1137.

C

LEGAL AND ADMINISTRATIVE MATTERS (REGULATION)

LAW, 5728-1968

REGULATIONS REGARDING CONTINUATION OF BUSINESS

By virtue of the authority vested in me under Para. 22 of the Legal and

Administrative Matters (Regulation) Law, 5728-1968 1/ (hereinafter referred to as the Law, and under other authority given to me under any law, I hereby institute the following Regulations:

Extension of Dates 1. The period of six months mentioned in Para. 15 (a) of the Law as extended by the Regulations of the Legal and Administrative Matters (Regulation) Law (Continuation of Business), 5729-1969,2/ is hereby extended for an additional six months with respect to any occupation that is licensed in accordance with the Law that I am charged to implement.

Title 2. These regulations shall be called: "Regulations of the Legal and Administrative Matters (Regulation) Law (Continuation of Business) (No. 13), 5729-1969".

9th of Iyar, 5729 (27 April 1969)

 Yaakov S. Shapira

Minister of Justice

                

1/ Sefer Ha'Chukkim, No. 542, 5728 (1968), p. 247.

2/ Collection of Regulations, 5769 (1969), p. 916.