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Act 3 Of 1984, Land Reclamation

Original Language Title: القانون 3 لعام 1984 استصلاح الأراضي

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Law 3 of 1984 Land Reclamation


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Act No. 3 of 1984
Date-birth: 1984-08-06 History-Hjri:
Published as: 1984-08-06
Section: A law.

Information on this Act:
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Law 3 of 1984 Land Reclamation

Article 1

a. A decision may be made by the Minister of Irrigation in agreement with the Minister of Agriculture and Agrarian Reform and after taking the opinion of the General Union of Peasants to declare a public interest in land reclamation in any area of the Syrian Arab country. Specifies the decision:

• Date of commencement of reclamation in the area.
• The operator of the reclamation or supervision function.
• It is annexed to the resolution:

1. A scheme showing real estate and specific and edited real estate parts entering the reclamation area.
2. A scheme showing the area entering the reclamation area for the immovable and liberated properties.

b. The territory covered by the resolution referred to in paragraph (a) above is a common common property of all the rights holders, and the common ownership of each of them shall be calculated by the proportion of their property in accordance with the provisions of this Law.

Article 2

a. The decision of the Minister of Irrigation shall be published in the official gazette and announced in one of the daily newspapers and deposited in the bulletin board of the district, district and district centre and the centres of the peasant connections that enter the circle of the reclamation process.

b. Advertidissemination and publication shall be regarded as a personal communication of the rights holders in all estates referred to.

(c) The decision of the Minister of Irrigation and the procedures to declare and publish it shall not accept any method of appeal or review.

Article 3

The Minister of Irrigation shall deposit his/her decision referred to in Article (1) of this Law to:

1. The secretariats of the real estate register and the directors of agriculture and agrarian reform to which the reclamation area belongs, and such departments are to make a reference to the restrictions and the sheets of property records and contracts covered by the reclamation, including those that are subject to reclamation.

2. The Directorate General of Real Estate Interests in the event that the decision is covered by an unspecified estate or an editor is carried out by this Directorate immediately after depositing the decision with all necessary measures to complete the identification and editing of the properties covered by the reclamation.

3. Ministers and governors in case the reclamation area covers more than one governorate.

4. General Union of Peasants and its branches in relevant county centres.

Article 4

(a) The identification and liberation work shall take place in the areas to be reclaimed in accordance with the provisions of Act No. 11 of 1971, taking into account the following matters:

1. Provisions of paragraph b of the preceding article.

2. To replace the terms (Minister of Irrigation and Irrigation Ministry), (Minister of Agriculture and Agrarian Reform, Ministry of Agriculture and Agrarian Reform), and replace the existing public authority with the reclamation or supervision, which is determined by the Minister of Irrigation to replace the public institution for the investment of the Euphrates Basin in the texts of the law. 11 1971.

b. The provisions of paragraph (c) of article 1/and paragraph (e) are excluded in the application of this law Article 3/and 6 of Act No. 11 of 1971.

c. The decision of the Minister of Irrigation deposited with the Directorate General of Real Estate Interests referred to in article 3 of this Law is considered to be the opening of identification and liberation operations in the area covered by the immovable and unedited real estate as provided for in paragraph (e) From Article 1/of Act No. 11 of 1971.

d. The land reclamation work in the designated and liberated areas is excluded from the provisions of article 14 of Legislative Decree No. 145 of 1966, with the Minister of Agriculture and Agrarian Reform issuing the necessary decisions to secure land reform rights in the country.

Article 5

As of the date specified by the decision of the Minister of Irrigation to declare the reclamation operations, any change in the contours of the land or its existing facilities or any investment in agricultural land other than the harvesting of existing crops, or what may be authorized by the existing public authority in the reclamation or supervision shall be carried out. Therefore, in a written book, the agricultural work will cease to be carried out in accordance with the annual executive programmes and does not result in the destruction of the plant or the destruction of the facilities that have been carried out contrary to the provisions of this article.

Article 6

The reclamation or contractor has the right to put a hand on real estate in the reclamation area and its work from the date specified by the decision of the Minister of Irrigation to start the reclamation operations.

Article 7

a. Previous contracts for the timely commencement of reclamation and investment operations in the reclamation area are considered to be suspended during the reclamation period except as authorized by the reclamation or supervising authority. Its effects shall be resumed from the date of the issuance of the decision of the Minister of Irrigation at the conclusion of the reclamation and distribution process, unless the parties to the contract agree to terminate it, and shall remain subject to the legal assets in force except for that.

(b) The Directorate of Agriculture and Agrarian Reform or any other in the reclamation area is prohibited from conducting any contract on such lands that extends beyond the date of commencement of the reclamation operations. The contract, which is otherwise void, shall be considered null and void. This prohibition ends from the date of the issuance of the decision of the Minister of Irrigation at the conclusion of the reclamation process. And distribution.

Article 8

a. The Minister of Irrigation shall make the necessary decisions by forming technical committees whose task is to:

1. Description of real estate, plant and rozs and names of occupants.
2. Estimating compensation resulting from deprivation of land and plant investment.
3. Estimating compensation resulting from the destruction of plants and installations in the event that they must be destroyed.

b. Taking into account the provisions of article V of this Law, the Ministry of Irrigation is committed through the institution of the relationship to perform such compensation to its beneficiaries within three months of its estimate for the third paragraph and within one year for the second paragraph.

c. The functional commissions form:

• Representative of the Ministry of Irrigation
• Representative of the branch of the Arab Socialist Ba'ath Party in the governorate
• Representative of the Union of Peasants in the Governorate
• Representative of the Ministry of Agriculture Member
• Member State Member

(d) The members of the committees shall take their oath of office before the President of the Civil Start Court in order to carry out their duties with honour, honesty and absolute impartiality.

e. The technical committees shall declare the result of their work in the centres of the regions, the rayon and the relevant peasant associations.

Article 9

a. The Minister of Irrigation or his/her delegate may appeal to the Technical Committee within ten days of the date of its declaration to an appellate committee, which shall be constituted as follows:

• Adviser designated by the Minister of Justice as President
• Representative of the Ministry of Irrigation designated by the Minister for Irrigation
• Representative of the General Federation of Peasants nominated by the President of the General Federation of Peasants

b. The Commission will decide on appeal within ten days of the date of arrival of the objection without the invitation of the parties.

c. The Commission is exempted from compliance with the Trial Assets Act.

d. Decisions of the Appeals Committee shall be issued in an concluded manner.

(e) Members of the Committee shall be sworn in before their President before their duties are sworn in by the members of the Committee.

Article 10

a. At the end of the reclamation and distribution in the region, the Minister of Irrigation issues after taking the opinion of the General Union of Peasants, in which it shall be determined:

1. The entity with a mandate to supervise investment during the period of the transplant.

2. Duration of the break as decided by the Higher Agricultural Council.

3.a. Investment in the reclaimed area was the form of investment of land by rights holders through productive cooperative peasant associations in land owned or owned by the majority of individuals and the investment of land by State farmers through State farms.

b. Taking into account the provisions of Article (7) of this Law. By decision of the Higher Agricultural Council, the form of investment in some areas may be converted from investment through productive cooperative societies to any type of other peasant cooperative societies.

4. The amount of initial maintenance paid by each hectare of land reclaimed from the cost of reclamation calculated.

(b) The Minister of Irrigation shall issue a decision to determine the amount of final maintenance paid by each hectare of land reclaimed from reclamation costs after the conclusion of calculations of the cost of the reclaimed area and to modify the initial maintenance in the light of the content of the said resolution.

Article 11

The decision of the Minister of Irrigation referred to in the preceding article shall be announced in the forms and conditions set forth in Article (2) of this Law. The entities provided for in Article 3 shall be deposited with it.

Article 12

The Land Registry Secretariat and the Directorate of Agriculture and Agrarian Reform are immediately following the decision of the Minister of Irrigation, which is referred to as "subject to reclamation", which is subject to restrictions, sheets, registers and contracts that are covered by the reclamation, and instead of a compulsory insurance signal for the Ministry of Irrigation at a cost of cost. Reclamation calculated from the property according to the minister's decision, and this reference and this debt has the rights and privileges of the state, and the absence of any real estate transaction, except with the written approval of the Ministry of Irrigation.

Article 13

Under the decision of the Minister of Irrigation in every governorate in which land reclamation operations are carried out, they shall be carried out by one or more committees: the distribution of reclaimed land to their rights holders according to the principles set out in this law and the ministerial decisions implemented for its provisions.

Article 14

a. Each distribution committee shall be composed of the reclaimed land provided for in the preceding article:

1. Judge at the rank of adviser, designated by the Minister of Justice as President
2. Representative of the Office of the Sub-Peasants, nominated by the leadership of the Socialist Baath Socialist Party
3. Representative of the Governorate Council, designated by the Governor as a member
4. Representative of the Union of Peasants, nominated by the Executive Office of the Union Peasants Union as a member
5. Civil engineer or irrigation engineer, designated by the Minister of Irrigation, the Director General of the Corporation or the general company in the reclamation of a member
6. Agricultural engineer, designated by the Minister of Irrigation, the Director General of the institution or the general company in the reclamation of a member
7. Director of the Land Registry in the Governorate or from assignment to this end of the cadastral staff member
8. Head of the Professional Business Service in the governorate or to be assigned to this end by the staff of his circle as a member
9. Representative on the interest of State property and land reform in the governorate

b. The decision to form the Committee includes a nomination of the President and the members nominated by the President and nominated by the principal, who shall, in the event that he or she cannot attend the meetings of the Committee, shall be a judge of the original.

c. Members of the Committee shall perform before their President the right set forth in article 8 of this Law before their duties.

Article 15

a. The reclamation list shall submit to the Land Distribution Committee once it has formed all the schemes, data, documents, expertise and services required for the completion of its mission.

b. At the request of its President, the Committee should use the information and expertise available in the State, its institutions and public companies and on the above-mentioned bodies to respond to its request.

c. The existing reclamation schemes and data should include sites and areas that are excluded from reclamation or non-investment, sites suitable for investment, banks, banks, roads and public facilities to be entered in public or private property. For the state to ensure the stability and success of the reclamation and investment process or for the benefit of all its benefit, and the technical survey is carried out by means of precision instruments.

Article 16

The reclaimed land distribution committee shall examine the documents, data and plans submitted by the competent authorities for the rights in the reclaimed area, the schemes and the data submitted to them by the reclamation list and all the information, data and documents available to them and then issue a decision. The distribution of land in the area that is reclaimed by rights holders takes into account the following:

a. A portion of the area of free and free land equivalent to the proportion of the space required for the reclamation project specified in paragraph (c) of the preceding Article (15).

b. Area and land should be collected in the reclaimed area of the State property in one property or adjacent real estate.

c. Return of citizen rights holders to their lands if possible or for almost identical land.

d. The ownership of any person in the reclaimed land shall not exceed 16 hectares, and the excess space shall be vested in the State and registered by its name in the cadastral registry.

Rule 17

The decision of the Committee of Distribution on behalf of the Arab people in Syria is issued and includes

a. Names of rights holders, their rights, the area of real estate, their numbers and locations, and the area that is deductible from the land of each owner and all the data necessary to register the rights in the real estate registry. The decision is accompanied by a scheme in which the technical results of the distribution process are established on a scale of 1/1000 and schemes may be organized by other scales. These schemes and areas are final, approved and considered to be an integral part of the resolution.

b. Registration of deductible areas pursuant to the provisions of article 16, paragraph (a), on behalf of the property of the State, or on the property of the State of the State, as the case may be.

c. Registration of real estate and real estate portions of the private State property to which individuals have access under the provisions of Legislative Decree (116) of 1968, the Act (161) of 1958 and their amendments to the names of beneficiaries and without reference to the right to act in accordance with the provisions Legal referred to.

Rule 18

a. The Chairman of the Commission shall deposit a copy of the distribution decision and annexes to the reclamation, where it must instill the boundaries of the property covered by the distribution decision within one month of the date of deposit of the decision.

b. The reclamation list must answer the rights of the rights holders to denote their real estate.

c. The Chairperson of the Distribution Committee shall supervise the implementation of this.

Rule 19

a. The decision of the distribution and the associated schemes shall be announced at the centre: the governorate in which the reclamation took place and in the centres of the regions, the rayon and the relevant peasant associations and the centre of the reclamation in the area.

b. This Declaration is a personal notification to other rights holders

c. Advertiing procedures shall not be subject to any method of judicial and administrative review.

Rule 20

Those affected by the decision to distribute or to those who are acting on the basis of Article (20) of Decision No. 186 of 1926 are entitled to petition this decision to the Commission for the Distribution of reclaimed land within fifteen days following the date of the announcement, by invoking a fee of drawing and character.

Rule 21

a. The Distribution Committee shall decide on the functions of the holders of the rights of a decision to be made.

b. If there is no grievance within the time specified in article 20/the decision becomes deterministic.

Rule 22

The Chairperson of the Commission for the Distribution of Lands of the reclaimed land shall deposit the cut decision of the Committee and its annexes to:

a. The real estate registry secretariat in the governorate and the director of the real estate register that once received the decision to organize an assignment to the area secretariat to modify its plans and restrictions according to the distribution decision after the end of the technical process, the real estate manager will record the contents of the decision and its annexes in the field. New sheets and without references and previous rights on the real estate sheets prior to the decision to distribute to the real estate sheets prior to the decision to distribute the updated real estate sheets after the decision.

b. The Directorate of Agriculture and Agrarian Reform in the Governorate if parts of the land grab or property are covered by the said decision and must amend its restrictions as previously listed in the preceding paragraph and apply the same assets and procedures to the certificates of utilization and the rights contained in them.

Rule 23

The texts of this Act are considered to be the determination of public property in areas subject to the conditions under article (6) of resolution No. 144 of 1925, and the decision of the Committee of Distribution to serve as a determination of the public property set out in resolution 144 of 1925 as soon as it is received in Distribution schemes and transfer to space secretariat charts.

Rule 24

The State property of the reclaimed area in this capacity shall be registered prior to the decision of the distribution by the private property of the State and shall be taken into account in the decision of the distribution in the absence of allocation to the public benefit.

Rule 25

The land covered by the decision of final distribution is an independent real estate area and its borders are considered as amended to the boundaries of other real estate areas and the boundaries of real estate with them, and the distribution committee's decision names the name of the new real estate area according to what the governor shows, as well as the decision of the governor. The real estate figures are appointed in the decision and the director of the real estate registry will implement this.

Rule 26

Old restrictions are deemed to be abolished as a result of the distribution decision and are not based on any right created after the cancellation and the old restrictions remain based on the rights that arose prior to the amendment.

Rule 27

a. Judicial decisions that have the effect of amending, repealing, transferring or bringing in kind rights in the lands reclaimed and registered in the real estate register are carried out and if received by the real estate registry secretariat after the decision of the distribution is received, and in this case is considered to be the property of the property of the right person. By the distribution decision.

b. Implementation of the decisions mentioned by decision of the Director of the Land Registry shall inform the owners of the assets.

c. The decision of the Director of the Land Registry accepts the appeal to the Civil Start Tribunal in the Area within fifteen days of the date of communication.

d. The Appeals Chamber shall decide to appeal in the chamber of study with a decision concluded.

Rule 28

of the rights in kind registered in the real estate registry under the decision of the distribution of the probative and authoritative distribution powers of the registration of the real estate registry.

Rule 29

Transactions and procedures for the distribution and registration of reclaimed land are exempt from all charges, taxes and financial costs, and rights holders shall be granted complete photographs identical to those of their property sheets under the decision of distribution instead of free of charge, without drawing or nature and for the same time Just.

Rule 30

The Land Allocation Committee shall, on its own initiative or on the basis of the review of the rights holders, request the real estate record manager to correct the material and written errors in its decisions and implement the correction decision in the real estate register. After the distribution committee completes its mission, the authority to correct these errors is transferred to the Director of the Real Estate Registry in accordance with the assets provided for by laws (188 and 189) for 1926.

Rule 31

a. When distribution decisions become deterministic, the Chair of the Distribution Committee shall deposit photographs of them and the schemes attached to them on the reclamation list.

b. Reclamation of the properties of the properties of the estate in the reclaimed area must be fixed in accordance with the decision of the distribution and the annexes thereto.

c. Reclamation is handed over to rights holders by the list of rights holders under the octopus of a fundamentalist delivery.

Rule 32

The distribution of the current reclaimed land prior to the operation of this law is valid and applicable to its objectives and is of public benefit and may not be invalidate and has the authority of the final distribution decision provided for by this law and is registered with the real estate and records of the Directorate of Agriculture and Agrarian Reform at the request of The Governor, in the form and assets provided for in this Law, shall be treated after registration in accordance with its provisions.

Rule 33

The provisions of this Law shall not apply to estates that have been issued decrees or decisions by which they have been issued prior to their issuance or which are subsequently received.

Rule 34

a. The Minister of Irrigation shall issue agreement with the Minister of Agriculture after taking the opinion of the General Union of Peasants to determine the supervisor of the investment in the reclaimed areas.

b. The rights holders in the reclamation area are committed to the following:

1. To sign the contract for the establishment of the Agricultural and Productive Cooperative Society in the area of reclamation and continuation of the membership of the Association after one month in accordance with the Law of the Organization of Peasant Organization No. 21 of 1974.

2. Land cultivation in the form decided by the supervisor of the investment.

3. Construction of housing and accommodation in designated places from the supervisor of the investment.

4. To implement the directives of the supervising authority regarding the protection of irrigation channels and banks and their accessories, prevent water pollution in them, prevent their waste and ensure the maintenance and maintenance of the bank and the banks.

5. The Minister of Irrigation shall issue on the proposal of the Director of the Investment Superintendent and after taking the opinion of the General Federation of Peasants the instructions necessary for the implementation of the provisions of this article, as set out in these regulations and the banks that investors commit to maintain and remove.

Rule 35

Any person who is in breach of any of the obligations under the preceding article falls under the right to participate in investment and the right to invest in his or her quota is returned to the agricultural or productive cooperative association in the region in no return, in conformity with the provisions of Law No. 21 of 1974.

Rule 36

a. The supervisor of investment in the reclamation area shall submit to the Minister of Irrigation a list of the names of those who are committed to the provisions of the preceding article.

(b) The General Union of Peasants shall issue a decision to establish the Productive Agricultural Cooperative Assembly or Rapporteur within three months of being informed by the Ministry of Irrigation in accordance with Law No. 21 of 1974.

Rule 37

a. The Productive or Planned Cooperative Peasant Society and its members are committed to investing the reclaimed land in the form and manner determined by the supervisor of the investment.

b. Any violation of the provisions of the preceding paragraph shall be applied to the penalties contained in Act No. 14 of 1975, unless it is provided for in the provisions of this Law.

c. In the event that any of those committed to investing in the reclaimed land fails to implement all or some of the obligations under article 34 (4) of this Law, the Assembly shall, at the request of the supervising authority, implement these obligations and return to the cost behind the costs. Expenditures, compensation, damages and collection shall be made in accordance with the Public Funds levy law.

Rule 38

a. It is prohibited to change the contours of the reclaimed land or existing facilities or to pay tribute to any construction or installation after the delivery of the reclaimed land to the rights holders except with the written consent of the supervisor of the investment. Each offence is therefore subject to the penalties provided for in article 42 of this Law.

b. The Superintendent of Investment shall be empowered with the powers provided by the Municipal Act No. 174 of 1956 with articles 118-121 and have the powers of the mayor and the municipal council for building permits and offences in the area of the reclaimed area, including removal of the offence.

Rule 39

The supervising authority is committed to the operation and maintenance of public facilities and irrigation and drainage networks from the second, third and fourth grades.

Rule 40

The supervisor of the investment in agreement with the Ministry of Irrigation shall appoint the minimum and upper limit of the amount of water supplied to the reclaimed land according to the nature of the land and the need for transplants and monitor, distribute and use water.

Rule 41

a. The investment supervisor from the investor to the reclaimed land shall charge an annual fee (irrigation fee) in return for securing the operation and maintenance of irrigation and drainage facilities necessary for the supply and drainage of water.

b. A decree shall be issued specifying the wages of the operation, maintenance and collection of such wages, as well as the method of recovery of the costs of the reclamation and collection of such sums in accordance with the law on the collection of public funds.

Rule 42

All those who mind the reclamation, distribution and investment of reclaimed land are punishable by imprisonment from one month to three months and a fine of a thousand to three thousand Syrian pounds, in addition to civil liabilities, and the penalty shall be doubled upon repetition, and the mitigating reasons may not be granted.

Rule 43

All those who impede the reclamation, distribution and investment of reclaimed land as a result of negligence or lack of precaution are punishable by imprisonment from ten days to the month, with a fine of 500 to 1000 Syrian pounds, in addition to civil compulsion. The penalty shall be doubled upon repetition, and the mitigating reasons may not be granted.

Rule 44

a. Assault on the President and members of the agricultural land distribution committees in the exercise of their function as provided for by this law or in the exercise of it shall be regarded as a judge.

b. The judge stops the head of the active distribution committee immediately after he has been informed of the offence or told him without the need for an allegation, complaint, bail or referral to the disciplinary board, which in turn charges him to the competent court, where he is tried immediately, and the trial is not allowed to be cleared during the course of the trial. Investigation and prosecution.

Rule 45

Staff members and employees from the first episode in the supervising and investment bodies or the list of officials assigned to a decision by the competent administrator to monitor the implementation of obligations under this law and the laws in force are the authority of the judicial officer.

Rule 46

The Director shall transmit to the entities referred to the former article the Organization of the competent public prosecutor for the prosecution of offences subject to it in accordance with the texts and the laws in force.

Rule 47

The Judicial Inspection Department has the right to inspect the reclaimed land distribution committee, its work and decisions in the form prescribed by the law of the judiciary and impose sanctions against its members only by the Minister of Irrigation, based on the proposal of the judicial inspection department and applying the stipulated assets. The Judiciary Act has the right to the President of the Commission.

Rule 48

In case of the commission members of the distribution committees for one of the offences set forth in chapter I of the Second Section of the Penal Code and the offences set forth in the Economic Penal Code, they are referred to the Economic Security Court, and the discretionary grounds are not applied to The offences punishable under the provisions of this article are also not applicable to the provisions of the Article (168) and the following of the Penal Code.

Rule 49

The provisions of the preceding articles are without prejudice to the most severe penalties provided for in the laws in force and in this case the most severe penalty is applied.

Rule 50

The provisions of this Law and the decisions implemented for its provisions shall continue after the expiration of the period until the provisions governing the permanent investment of the reclaimed land have been promulgated.

Rule 51

The Minister of Irrigation shall be added to the Higher Agricultural Council as stipulated by Law (14) of 1975, and the director of the supervisor, the reclamation or the owner of the authorities shall be added to the committees and councils provided for by articles (5-6-7) of the said Law in the governorates that do the following. It has land reclamation and investment operations.

Rule 52

a. The chairpersons and members of the committees provided for in this Law shall be awarded compensation which sets out the conditions for granting them, their beneficiaries and cases of being withheld by decision of the Minister of Irrigation, which shall be excluded from the provisions of Legislative Decree No. 167 of 1963 and its amendments.

b. Workers in land reclamation and investment in the application of this Act are excluded from the provisions of the Legislative Decree of 1963 and its amendments.

Rule 53

Paragraph (c) of article (3) of Act No. 11 of 1971 is amended to take into account a statement within a period of two years from the date of the decision of the Real Estate Commission, which is to conclude the work in the real estate area and to replace it with the following words:

This is within two years starting from the date of the decision of the real estate committee containing the ownership of the property.

Rule 54

The Minister of Irrigation shall issue an agreement with the Minister of Agriculture and after taking the opinion of the General Union of Peasants, the executive decisions of the provisions of this law. These decisions shall not be subject to review or appeal to any judicial or administrative body and the minister has the right to amend or revoke it.

Rule 55

All legal texts which run counter to the provisions of this Law shall be repealed.

Rule 56

This law is published in the Official Journal and is considered effective from the date of its promulgation.

Damascus on 6 August 1984

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