Act 3 Of 1984, Land Reclamation

Original Language Title: القانون 3 لعام 1984 استصلاح الأراضي

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Read the untranslated law here: http://parliament.gov.sy/arabic/index.php?node=201&nid=6446&RID=-1&Last=10058&First=0&CurrentPage=12&Vld=-1&Mode=&Service=-1&Loc1=&Key1=&SDate=&EDate=&Year=&Country=&Num=&Dep=-1&

Act 3 of 1984, land reclamation


Article 1


Shall be by decision of the Minister of Irrigation and in agreement with the Minister of Agriculture and Agrarian Reform, and after taking public opinion Farmers' Union Declaration and the existence of public interest in the reclamation of land in any area of ​​the territory of the Syrian Arab Republic. It determines the resolution:

• start reclamation process in the region's history.

• who undertake the task of reclamation or supervision.

• accompany that decision:

1. Chart showing real estate and specific parts of the real estate and editor involved in the reclamation area.

2. Chart showing the region involved in the reclamation area for drugs other than specified and liberated.

B comprise land included in the resolution referred to in paragraph (a) above belong to a common shared among all rights holders which calculates the common property of each of them by space he owns in accordance with the provisions of this law.
Article 2


A decision shall be published irrigation minister in the Official Gazette and announced in one of the daily newspapers and is filed in a bulletin board province and the region and the centers of agricultural links that fall within the circle reclamation center.

B is considered advertising and publicity Report as personal rights holders in the property referred to all.

C decision to the Minister of Irrigation and procedures for announcing the publication concluded does not accept any of the means of appeal or review.
Article 3


Filed Irrigation Minister decision referred to in Article (1) of this Act has:

1- secretariats of the Land Registry and the directorates of Agriculture and Agrarian Reform that owns the reclamation area and these departments should develop a reference to restrictions sheets records and contracts for real estate covered by Balastslah include subordination of these properties for reclamation.

2- Directorate-General for the interests of real estate in the event of the coverage decision for drugs or non-specific editor of the Directorate immediately deposited all necessary decision to complete the identification process and the liberalization of drugs covered Balastslah procedures.

3- ministers and governors in the case of the inclusion of reclamation area for more than one province.

4- year Farmers' Union and its branches in the relevant provincial centers.
Article 4


Shall conduct the work of the selection and editing in the areas to be reclaimed in accordance with the provisions of Law No. 11 of 1971, taking into account the following matters:

1- provisions of paragraph (b) of the previous article.

2- substitution expressions (Minister of Irrigation and the Ministry of Irrigation) replaced the words (Minister of Agriculture and Agrarian Reform and the Ministry of Agriculture and Agrarian Reform) and replace the general list Balastslah or supervising it determined by the Minister of Irrigation and replace the General Corporation for Investment Euphrates basin, which, in the provisions of Law No. (11 ) for the year 1971.

Shall be excluded in the application of this law, the provisions of paragraph (c) of Article / 1 / and paragraph (e) of Article / 3 / article / 6 / of Law No. (11) for the year 1971.

(C) The decision of irrigation deposited in the General Directorate of the interests of the property referred to in Article / 3 / of this law minister as the opening of the selection processes and liberalization in the area covered by the properties is defined and edited according to what is stipulated in paragraph (e) of Article / 1 / of the law No. (11) for the year 1971.


D excluded land reclamation work in specific areas and liberated from the application of the provisions of Article 14 of Legislative Decree No. 145 of 1966 that the Minister of Agriculture and Agrarian Reform shall issue the decisions necessary to secure the rights of agrarian reform.
Article 5


On the date the decision of the Minister of Irrigation to declare reclamation operations are prohibited to make any change in the ground landmarks or existing facilities or by making any investment in agricultural land except reap the list of agricultural crops or authorized by the general list Balastslah or supervising it so that it stops the agricultural work by doing reclamation process according to the annual Executive programs, in a written communication does not entail any compensation on this side caused by damage to crops or demolition of structures that were contrary to the provisions of this Article.
Article 6


To hand the list Balastslah or contracted to implement the right to lay hands on real estate in the reclamation area and direct its business on the date specified decision of the Minister of Irrigation to start reclamation operations.
Article 7


A previous decades are considered to start reclamation and window operations at the time, all related to investment in the reclamation area suspended during the period of reclamation, except as permitted by the existing Balastslah or supervising it. And resume their effects from the date of the decision of the Minister of Irrigation close of reclamation and distribution process, unless the parties agree to terminate the contract, and remains subject to due process window otherwise.

(B) prohibits the Agriculture and Agrarian Reform Directorate or any other party in the reclamation make any hold on these lands extends beyond the start of the reclamations history of the region, and is considered the decade otherwise void, and ends the ban from the date of the decision of the Minister of Irrigation close of the process reclamation and distribution.
Article
8

A. The Minister of Irrigation decisions necessary to form technical committees mission:

1- real estate and facilities description and list them on crops, said the names of the occupants.

2- Assessment of Compensation resulting from deprivation of investment land and facilities.

3- estimate damages caused by the destruction of plants and facilities in the event must be destroyed.

(B) Subject to the provisions of Article V of this Act is committed to the Ministry of Irrigation by her institution relationship perform this compensation to the beneficiaries within three months of its appreciation for the third paragraph, and within a year for the second paragraph.

C constitute technical committees:

• A representative of the Ministry of Irrigation president

• a representative of the Arab Baath Socialist Party branch in the governorate as a member

• a representative of the peasants union members in the province

• A representative of the Ministry of Agriculture member

• a representative of the conservative member

D leads members of the committees shall, before assuming their duties oath before the head of the Civil Court of First Instance to maintain to perform their duties honorably, faithfully, impartially absolute.

E declares the technical commissions as a result of its work in the regions, counties and peasant associations related centers.
Article 9


(A) for each of the Irrigation Minister or whoever it may be, and the injured party to resume the technical committee's decision within ten days from the date of announcement before the appellate form in the following manner:

• adviser named by the Minister of Justice President


• A representative of the Ministry of Irrigation and Irrigation Minister calls member

• A representative of the General Union of Peasants call the president of the General Union of Peasants member

B said Committee shall decide the appeal within ten days from the date of the arrival of the objection to it without inviting the parties.

(C) The Commission shall be exempt from adherence to the law of due process.

D pass resolutions Appeals Committee are concluded.

E-right members of the Legal set forth in the preceding article leads to the president before assuming their duties.
Article 10


A- when reclamation and distribution process finishes in the region issued Irrigation Minister after taking the General Union of Peasants decision Bouktamha specifying the opinion:

1- entity with a mandate to oversee the investment during the culture period.

2- for farming period as decided by the Supreme Agricultural Council.

3-a- investment in the reclaimed area on the ground to be invested by the owners of the rights by agricultural cooperative associations and productivity in the land owned by or ownership, mostly to individuals and investment land state property by state farms form.

(B) Subject to the provisions of Article (7) of the Act. Decision of the Higher Agricultural Council may convert the form of investment in some areas of investment by cooperatives yield to any type of other types of agricultural cooperatives.

4- amount of the initial expense borne by each hectare of land reclaimed for reclamation costs calculated.

B Irrigation Minister shall issue a decision determining the amount of the final expense borne by each hectare of land reclaimed for reclamation costs after the conclusion of the cost of the reclaimed area accounts and adjusted primary spending in light of the content of the resolution.
Article 11


Irrigation announce a decision referred to in the previous article, Minister of forms and conditions provided for in Article (2) of this Act. And filed with the bodies provided for in Article (3) thereof.
Article 12


The Land Registry Secretariat and the Directorate of Agriculture and Agrarian Reform immediately upon receipt of the decision of irrigation referred to the Minister Petrqan signals (subject to reclamation) placed on restrictions sheets and records and contracts for real estate covered by Balastslah and placed instead signal secure algebraic in favor of the Ministry of Irrigation worth reclamation costs calculated of the property in accordance with the Minister's decision, and to be a reference and this religion what signals the state debt and the rights and privilege and not make any real treatment without the written consent of the Ministry of irrigation.
Article 13


Formed by a decision of the Minister of irrigation in each province where land reclamation committee or operations carried out more task: the distribution of reclaimed land on which rights holders and that according to the principles set out in this law and ministerial decisions implementing its provisions.
Article 14


Shall consist of each committee of the reclaimed land distribution provided for in the previous article:

1- judge the rank of counselor, calls the justice minister president

2- representative of the sub-office of peasants, calls the leadership of the Arab Socialist Baath Party branch member

3- representative of the provincial council, he calls conservative member

4- representative of the peasants union, designated by the Executive Office of the Union to maintain the peasants member


5. civil engineer or irrigation, named by the Minister of Irrigation and general manager of the institution or public company based Balastslah member

6- agricultural engineer, he calls and Irrigation Minister or the Director General of the institution or public company based Balastslah member

7. Director of the Land Registry in the province or his delegate for this purpose from the Land Registry staff member

8. Prime artwork circle in the province or his delegate to the end of his district staff member

Representative of the interests of state property and agrarian reform in the province 9. member

B includes the decision of the Commission to form a companion label for each of the members and the president calls the party that marked the afternoon, and his deputy reserve judgment for authentic if unable to attend meetings of the Committee.

(C) members of the Committee leads to the president take the oath prescribed in Article (8) of the Act, prior to assuming their duties.
Article 15


Shall submit the list to the committee Balastslah land distribution once it is formed of all the charts, data and documents, expertise and services that it requires to fulfill its mission.

(B) of the Commission may seek the assistance at the request of its chairman of the information and expertise available in the state and its institutions and its public circles and on third-party answer their request.

(C) must include charts and data the list Balastslah: sites excluded from the reclamation spaces or invalid for Investment and sites suitable for investment spaces and campuses banks and canals, roads and public facilities that need to be entered into the public or private property of the state, as the case to ensure the stability and success of reclamation and investment process or pan-utility conducts technical surveys by precise spatial devices.
Article 16


The Committee on reclaimed land distribution study of documents, data and charts provided to them by the competent authorities for the rights in the reclaimed area, charts and data provided to them from the list Balastslah and all the information and data available, documents have then render a decision to distribute land in the reclaimed area on the rights-holders take into account that:

A truncated portion of the area of ​​each land subject to reclamation free equivalent ratio of the attenuation of the space required for the reclamation project specific paragraph (c) of Article (15) above.

(B) should be grouped spaces and lands reclaimed in the area belonging to the state property in one drug or contiguous properties.

(C) re-owners of the rights of citizens to their land, if possible, or nearly identical to land.

D lack of ownership of any person in the reclaimed land exceeded sixteen hectares and devolve extra space this limit sentenced to state their name and recorded in the land registry.
Article 17


A decision Distribution Committee on behalf of the Arab people in Syria and includes:

A rights-holders and their rights, and the names of the real estate space and numbers and locations withheld and the space of the land of each right holder and all necessary for the registration of rights in the Land Registry data. Accompany that decision scheme proves the technical results of the distribution scale 1/1000 and may regulate the standards of other schemes. These schemes and spaces set forth therein final and certified to be considered an integral part of the decision.


B recording spaces withheld pursuant to the provisions of paragraph (a) of Article (16) as the private state property or attached to the property of the State Assembly, as the case.

C real estate and parts belonging to private property State in which the members of the usufruct under the terms of Legislative Decree registration of real estate (116) of 1968 and Law 161 of 1958 and its amendments, the names of the beneficiaries and recorded on Sahaivha signal to restrict the right to act in accordance with legal provisions referred to.
Article 18


A. Chairman of the Committee filed a copy of the decision and its annexes distribution among the list Balastslah where it must be the purpose of boundary stones which show the limits of the real estate covered by the distribution of the decision within one month from the date of filing of the decision to them.

(B) must be on the list Balastslah answer the requests of rights holders to indicate their properties.

C oversees Chairman of the Committee on the implementation of this distribution.
Article
19

A decision to announce the distribution and accompanying drawings in the lobby of the center: the province where reclamation has been in the regions, counties and farm associations related centers and in the existing center Balastslah in the region.

B. This announcement is considered as a personal Report to other rights holders

(C) Statement of any action by the judicial and administrative review methods are not subject.
Article 20


For those affected by the distribution decision or those acting on their behalf specified in Article (20) of the resolution No. 186 of 1926 and the right of appeal against this decision to the Committee on reclaimed land distribution within fifteen days following the date of announcement and it is exempt from the graphic and character call.
Article 21


Shall decide Distribution Committee grievances rights holders a definitive decision.

(B) If no grievance is located within the period specified in Article / 20 decision / it becomes final.
Article 22


Filed Chairman of the reclaimed land distribution hyperbolic decision of the Commission and its annexes with:

A Land Registry to maintain the secretariat and the Land Registry director that is immediately after receiving the decision to organize assigned to the Department of the Secretariat of space to modify its plans and restrictions in accordance with the distribution of the decision after the technical end of the operation the Land Registry Director record the contents of the resolution and its annexes in the new sheets and recorded the previous rights signals on the sheets before the issuance of real estate distribution real estate on the sheets before the issuance of the decision on the distribution sheets updated after the real estate decision.

B Agriculture and Agrarian Reform Directorate in the province in the event of the inclusion of parts of the land grab or state property mentioned resolution and the amendment restrictions as previously explained in the preceding paragraph and apply the relevant assets and procedures on the use rights certificates, which contain.
Article 23


Provisions of this law is considered a decision designating public property in areas under reclamation prescribed areas in Article (6) of the resolution No. 144 of 1925 and is considered the decision of the hyperbolic distribution as determining public property provided for by resolution No. 144 of 1925 as soon as they are received in the schemes distribution and transfer them to the secretariat of the space schemes.
Article 24



Recorded public state property in the reclaimed area in this capacity before the issuance of the special distribution of state property and the decision to take this into account in the distribution of absence of a decision to be allocated for the public benefit.
Article 25


Land covered considered hyperbolic distribution decision of an independent area real estate is its borders contained distribution decision modified a provision of the limits of other real estate areas and boundaries of the overlapping properties with it, and aid in the decision of the distribution of new real estate region name as shown by the governor, also appointed in the decision-estate numbers where and Land registry director execute it.
Article
26

Old restrictions shall be revoked as a result of a judgment of this distribution decision canceled the restrictions be based on any right arises after the cancellation does not remain based on the old restrictions of rights that arose before the amendment.
Article 27


A judicial decisions peremptory modify or cancel or move or make real rights in the reclaimed land registered in the Land Registry implemented even responded to the secretariat of the Land Registry after the receipt of the distribution decision, and are considered in this case else are the property you each right holder under the decision distribution.

(B) implementation of the decisions mentioned decision of the Director of the Land Registry for stakeholders assets.

C decision to the Land Registry Director, accepted the appeal before the civil court of first instance in the area within fifteen days from the date of notification.

D decide to appeal the Court of First Instance concluded studying the decision room.
Article 28


Kind of rights registered in the Land Registry under the hyperbolic distribution decision probative strength and authentic enjoyed by the Land Registry restrictions.
Article 29


Exempt transactions and procedures related to the distribution and recording of reclaimed land from all duties and taxes and financial costs and gives rights holders the full images identical to the origin of all sheets belonging to them real estate under the distribution decision instead of the previous free and without fee or character but only once.
Article 30


The Committee on reclaimed land distribution on its own or based on a review of rights holders or request the Director of the Land Registry to correct clerical errors and material located in its decisions and performs correction in the Land Registry's decision directly. After the end of the Distribution Committee of its mission transferred the power to correct these errors to the Land Registry Manager pursuant to the assets stipulated laws (188 and 189) for the year 1926.
Article 31


A distribution when decisions become definitive, filed Chairman of the distribution pictures about it and the accompanying charts with the existing Balastslah.

(B) must be on the list Balastslah install instill stones frontier of real estate in the area and reclaimed as specified hyperbolic distribution and enclosures decision.

(C) The party list Balastslah hand over property rights holders under Illot fundamentalist delivery.
Article 32



Considered ongoing reclaimed land distribution operations before the entry into force of this is true and applicable to its goals and have the status of public interest law and may not be revoked and her authoritative distribution of the final decision stipulated by this law and registered record property and records of Agriculture and Agrarian Reform Directorate at the request of the governor and the form and the assets provided for in this law and treated after the registration in accordance with its provisions.
Article 33


Provisions of this Act shall not apply to real estate, which were issued decrees or decisions Bastmlakha before its release or that are expropriated after that.
Article 34


A. The Minister of Irrigation agreement with the Minister of Agriculture after taking the General Union of Peasants opinion decision designating the authority supervising investment in reclaimed areas.

B is committed to the rights holders in the reclamation area, including the following:

1- to sign a contract to set up agricultural productivity Cooperative Society or planned in the reclamation and hold a spot in the membership of the Assembly after months pregnant according to the agricultural organization Law No. (21) for the year 1974.

2- cultivate land as determined by the authority supervising investment.

3- the construction of housing and residence in specific places of the authority supervising investment.

4- authority supervising the implementation of the directives on investment in the protection of irrigation ditches and banks and their components and to prevent water pollution and to prevent the wastage and ensuring the maintenance and clean the canals and drains.

5. Irrigation Minister issued on the proposal of the supervising director of the investment and after taking the opinion of the General Union of Peasants instructions necessary for the implementation of the provisions of this Article, also identifies these channels and banks instructions that investors are committed to their maintenance and Tazilha.
Article 35


Each of breach of any of the obligations the subject of the previous article forfeits his right to participate in the investment and the right of return to invest his share sentenced to peasant Cooperative Society productivity or planned in the region free of charge in accordance with the provisions of Law No. (21) for the year 1974.
Article 36


Shall raise the authority supervising investment in the reclamation area to the Minister of Irrigation and a list of who are committed to the provisions of the previous article.

B. General Farmers' Union issued a decision to establish agricultural productivity Cooperative Society or planned within three months from informed by the Ministry of Irrigation and according to the law No. (21) for the year 1974.
Article 37


A- Assembly peasant cooperative productivity or planned and whose members committed an investment of reclaimed land in the form and manner specified by the authority supervising investment.

(B) any violation of the provisions of the preceding paragraph shall apply the penalties provided for in Law No. 14 of 1975 while not provided for in the provisions of this law.

(C) in the event of failure of any of those committed to investing in the reclaimed land on the implementation of all or some of the obligations under paragraph (4) of Article 34 of this Law Assembly shall at the request of the authority supervising the implementation of these investment commitments and return the redneck costs and expenses, in exchange for wage and the damage is the collection according to the law collection of public funds.
Article
38


(A) prohibits any change or was based upon facilities or tribute of any building or facility after delivery of reclaimed land for rights holders without the written consent of the authority supervising investment reclaimed land landmarks. Any violation of this shall be subject to the penalties provided for in Article 42 of this Law.

(B) authorizes the authority supervising investment powers stipulated by law municipalities No. 174 of 1956 articles (118 119 121) and shall have the powers of the mayor and the municipal council regarding building permits and irregularities in the reclaimed area including the removal of the violation.
Article 39


Supervising authority is committed to the investment operation and maintenance of public facilities and irrigation systems, drainage from the second, third and fourth grades.
Article 40


On the authority supervising the investment agreement with the irrigation set upper and lower limits to the amount of water supplied by reclaimed land depending on the nature of the land and the need for plants and monitors the distribution of water and good use of the Ministry.
Article 41


Shall charge the authority supervising investment from the invested reclaimed land called the annual fee (fee irrigation) in exchange for operation and maintenance of irrigation facilities and drainage necessary for the supply of water and disbursement.

Shall issue a decree determines the wages of operation and maintenance work and the method of collection of these wages, as well as specifying recover remediation costs and collection of these amounts way according to the law of the collection of public funds.
Article 42


Both reluctant to conduct reclamation and distribution operations and investment reclaimed land shall be punished by imprisonment from one month to three months and a fine of a thousand to three thousand pounds in addition to civil obligations and the penalty is doubled when the repetition may not be granted mitigating circumstances.
Article 43


Both hinders reclamation, distribution and investment reclaimed land operations as a result of negligence or lack of precaution shall be punished by imprisonment from ten days and even a month and a fine of five hundred to a thousand Syrian pounds in addition to the civil obligation and the penalty is doubled when the repetition may not be granted mitigating circumstances.
Article 44


Shall be deemed the attack on the President and members of the committees of agricultural land distribution while exercising their mission provided for in this law or in practice as a gallery is a judge.

B stop Judge Committee Chairman actor distribution immediately informed of the offense, or telling him it without the need for a claim or complaint or guarantee or referral to the disciplinary board and transmits it suspended to the public prosecutor started to allocate it in turn to the competent court, where he is being tried immediately and may not be the evacuation of the way through investigation and trial.
Article 45


Staff and users of the first episode in their supervising reclamation and investment or menu assigned by the decision of the competent manager to monitor implementation of the obligations stipulated by this law and the validity of the laws of the Judicial Police.
Article 46


Director bodies referred to in the previous article refers Alillot organization competent public prosecutor to prosecute crimes in accordance with the theme of the texts and laws.
Article 47



For the management of the Judicial Inspection right of inspection to the Committee on reclaimed land distribution and the actions and decisions as provided for by the law of the judiciary and impose disciplinary sanctions against its members only by the Minister of Irrigation on the proposal Inspection Department of the judicial and apply the assets stipulated by the law of the judiciary against the president of the Commission.
Article 48


If the commission members for distribution committees for one of the offenses provided for in Chapter I of Title III of Book II of the penal offenses provided for economic Penal Code Act being referred to the Economic Security Court, does not apply mitigating circumstances estimated at punishable offenses under the provisions of this the article also does not apply to the provisions of a stay of execution provided by Article 168 et seq. of the Penal Code.
Article 49


Provisions of previous articles are without prejudice to the penalties provided for most laws in force and applied in this case the most punishment.
Article 50


Work continues to the provisions of this law and the decisions implementing its provisions after the end of the culture period to be issued the provisions governing Permanent Investment reclaimed land.
Article 51


Added Minister of Irrigation and members of the Supreme Agricultural Council provided for in the law (14) of 1975 and add all of the authority supervising or existing director Balastslah or on behalf Mnabhma for membership of the committees and councils stipulated materials (5- 6-7) of the Act, in provinces by the land reclamation and investment operations.
Article 52


A grant chairmen and members of committees set forth in this law setting out the terms of compensation awarded and beneficiaries and cases withheld by the Minister of Irrigation and these damages are excluded from the provisions of Legislative Decree No. 167 of 1963, as amended.

B excludes workers in the reclamation of land and invest in the application of this law, the provisions of the Legislative Decree for the year (167) of 1963, as amended.
Article 53


Amend paragraph (c) of Article (3) of Law No. 11 of 1971, so delete the phrase during a period of two years from the date of the Real Estate Committee's decision included the end of the real estate business in the region and replace it with the following words:

"And within two years from the date of the Real Estate Committee's decision included ownership of the property to install"
Article 54


The Minister of Irrigation in agreement with the Minister of Agriculture and after taking a year Farmers' Union executive decisions with the provisions of this law, the opinion does not accept these decisions review or appeal before any judicial or administrative hand and the minister the right to modify or cancel.
Article 55


Canceled all legal texts that are inconsistent with the provisions of this law.
Article 56


Published this law in the Official Gazette and shall come into force from the date of issuance

Damascus on 6/8/1984
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