|
JVA Law 30
of 2001
Jordan Valley
Development Law
As Amended by the
Amended Law No. (30) for Year 2001
Article 1
This law is called (Jordan
Valley Development Law for year 1988), and will be
enforced upon its issuance date in the Official Gazette.
Article 2
a. The following words
and expressions whenever used in this Law shall have the
meaning assigned hereunder unless the context indicates
otherwise.
Jordan Valley or the
Valley: The area specified according with to
Par. B of this article.
Authority: Jordan
Valley Authority established under this Law.
Board of Directors
or the Board:
Board of Directors of the Jordan
Valley Authority.
The Ministry:
Ministry of Water and Irrigation.
The Minister:
Minister of Water and
Irrigation.
Secretary General:
The Secretary General of Authority.
Person:
Any Jordanian citizen of legal
age (21 years old) who has a sound mind and enjoys his
full civil rights. Also any judicial person,
municipality, village, governmental department or any
body of legal entity.
Land
Classification: The official
classification described in Volume III of the Master
Plan Report of the Yarmouk and Jordan Valley Project of
1955 or any subsequent classification approved by the
Authority.
Farm Unit:
A plot of land which the
Authority designated as one single unit, irrigated from
the waters of an irrigation project in the Valley and
used for agricultural purposes including livestock
raising and fishery.
Housing Plot:
A unit of land which lies within
the boundary of a town or a village and has had or will
have its boundaries determined by the Authority as a
single housing unit for the purpose of housing only.
Other Lands:
All Valley lands that lies under the
jurisdiction of the Authority excluding farm units and
housing plots.
Family:
All family members living in one
household and jointly supported by one head person
whether they are his offsprings, descendants or wives
including the descendants' wives and any other person
whom the individual is legally responsible for managing
his affairs and supporting him.
Lessee:
The Authority, or any
Jordanian natural person, or any Jordanian investment
entity according to the approval of the Cabinet of
Ministers.
Lessor:
Any person or
persons in whose name(s) is registered, in accordance
with the provision of this law, a piece of land or
shares thereof or more than one piece.
Holding:
To deal conclusively with land
or water or both in accordance with a registration deed.
Holder:
1. The person(s) in
whose name(s) the land or water or both is/are
registered in accordance with a registration deed,
provided that in case there is more than one person
jointly holding a registration deed, the Authority has
the right for the purposes of this Law to consider all
or any of them as one holder.
2. Lessee of Government
lands in accordance with a legal contract the duration
of which is not less than three continuous years, on
condition that for the purpose of farm unit allotment,
the Authority is convinced that he has carried out
constructional works, which resulted in a noticeable
increase in the annual production of the leased land.
3. The farmer(s) who
planted trees in the lands of the person(s) in whose
name(s) that land is registered in accordance with a
registration deed, if the Authority is convinced that
cultivation was done with the written or implied
approval of the landowner. In this case the Authority
has the right, in the interest of production, to
consider the farmer as having replaced the landowner in
the share allotted to the farmer under the agreement.
In case the trees are jointly owned by the landowner and
the farmer, both parties shall be considered as one
holder.
4. Lessee or Lessees of
land in accordance with a legal contract with a duration
exceeding fifteen continuous years.
5. In all the
above-mentioned cases, legal settlement between the
concerned parties shall be made as decided by the
Board. The Board's decision shall be considered final.
Farmer:
The Jordanian
natural person or Jordanian judicial person who works in
agriculture or involved in an agricultural activity in
the Valley.
Jordan River
Tributary: River and stream whose course
joins the Jordan River.
Tributary Basin:
Watershed area on which the rain
failing on it and the springs issuing in it will
naturally flow into the bed of the tributary.
Valley Water
Resource:
Surface and ground waters flowing
above the surface of the ground or beneath it within the
Jordan Valley and the tributaries basins.
b. The definition
(Sub-Lessee) has been cancelled.
c. The Valley is
constituted from the following:
1. The area between
the Northern Frontier of the Hashemite Kingdom of Jordan
to the North and the Northern edge of the Dead Sea to
the South and the Jordan River to the West until
elevation 300 meter above the sea level to the East.
2. The area between
the Northern edge of the Dead Sea to the North, and to
the Southern Boundary of Qatar village to the South, and
to the Western frontier of the Hashemite Kingdom of
Jordan to the West, and to elevation 500 meter above sea
level to the East.
Article 3
An Authority titled (the
Jordan Valley Authority) will be established and shall
carry out the social and economical development of the
Valley in conjunction with fulfilling the objectives of
this law. For this purpose the Authority will be
mandated to implement the following in cooperation with
any concerned entity:
a. The
development of the water resources of the Valley and
utilizing them for purposes of irrigated farming,
domestic and municipal uses, industry, generating
hydroelectric power and other beneficial uses; also
their protection and conservation and the carrying out
of all the works related to the development,
utilization, protection and conservation of these
resources, including:
1. The carrying out
of studies required for the evaluation of the water
resources including hydrological, hydro-geological and
geological studies, drilling of exploratory wells and
the establishment of observational stations.
2. The planning,
design, construction, operation and maintenance of
irrigation projects and related structures and works of
all types and purposes including dams and related works,
hydropower stations and related works, wells, pumping
stations, reservoirs and water delivery and distribution
networks; also surface and subsurface drainage works,
flood protection works, and roads and buildings, needed
for operation and maintenance.
3. Soil surveys and
classification, and the definition and reclamation of
lands suitable for irrigated farming and dividing them
into farm units.
4. Settlement of
disputes arising from the use of water resources.
5. Organize and
direct the construction of private and public wells.
b. The
development, protection and improvement of the
Environment in the Valley and to perform necessary works
to achieve this objective, to implement the preparation
of plans both Master and Detailed Plans for the lands
outside the planning boundaries of the municipalities.
c. The study
of agricultural roads networks in the valley, their
design, construction and maintenance, and that the
authority will continue following up the main roads
which were started and have not been completed yet.
d. Development
of tourism in the Valley, delineation of areas having
special features which can be developed for touristic
and recreational purposes and the development of these
areas and the construction of touristic and recreational
facilities on these areas.
e.1. With the
exception of irrigation projects and water resources
development projects, the Authority shall adopt
commercial basis in managing any of the project which it
have implemented or is implementing according to
instructions issued by the Cabinet of Ministers upon
recommendation of the (JVA) Board.
2. The Authority
may by a decision of the Cabinet of Ministers upon
recommendation from the (JVA) Board, entrust any of the
projects it has implemented or implementing or is
managing, to any entity from the private sector whether
by leasing, management or operation, in accordance with
the effective laws and regulations. As for property
transfer, irrigation projects and water resources
development projects are excluded from such transfer.
Article 4
The Authority shall follow
the rules in effect that are binding on ministries,
governmental authorities, and official public
authorities.
Article 5
It is possible to delegate
to the Authority all required responsibilities to
implement any of the Valley Development Projects and any
related works, whether this project was under the
supervision of any other law decree or procedure, fall
under the responsibility of any Ministry of the
Governmental Department or a public agency or falls
within the boundaries of any municipal or village
council.
Article 6
It is possible that the
authority upon a resolution to be issued by the Cabinet
Ministers and recommendation from the (JVA) Board
handover any project it has implemented or is
implementing, from what falls under its responsibilities
according to this law, to any Ministry or Governmental
Department or Public Agency or Municipality, that is
excluding Water Resources Development Projects and
Irrigation Projects in the Valley.
Article 7
The headquarters of the
Authority shall be in the Valley, and it will have the
right to open branch off-ices in Amman and at any other
place within the Kingdom it deems necessary. Until the
Authority builds its own offices in the Valley, its
headquarters shall be in Amman.
Article 8
a. The
Authority shall be composed of:
1. The Minister.
2. The Board of
Directors.
3. The Secretary
General.
4. Executing Staff
and Administrative Units.
b. The board is
constituted from the Minister as chairman
and the following members:
1. The secretary
General of JVA as vice chairman.
2. The secretary
General of the Water Authority of Jordan.
3. The Secretary
General of the Ministry of the Planning.
4. The Secretary
General of the Ministry of Agriculture.
5. The Secretary
General of the Ministry of Municipal and Rural
affairs and Environment.
6. The Secretary
General of the Ministry of Tourism.
7. The Director
General of the Department of lands and Surveys.
8. The Director
General of the Department of the General Budget.
9. The chairman of
the Farmers Union.
10. Three members with
expertise and specialization, appointed by the Cabinet
of Ministers upon the recommendation of the minister for
the period of two years, the Cabinet of Ministers may,
during this term end the membership of any of them and
replace him with another in the same manner.
c. The Board shall
meet when called by the Chairman. A quorum shall
consist of at least six members, one of who shall be the
Chairman, or the Vice-Chairman in the Chairman's
absence. Decisions shall be taken by unanimous vote or
by the simple majority of the members present. If the
votes are equal, the Chairman shall cast the deciding
vote.
d. The Board
may invite any person with expertise to attend its
meeting to seek his advice without allowing him right to
vote.
Article 9
The (JVA) Board will be in
charge with implementing the following duties and
responsibilities:
a. To approve the Valley
Development Plans and Programs.
b. To study the
Authority's proposed annual budget.
c. Obtain foreign and
local loans yet contracting upon with the approval of
the Cabinet of Ministers.
d. Formulate the
Authority’s by laws and regulations and submit them to
the cabinet of Ministers.
e. Any other issues the
Ministers deems appropriate to be submitted to.
Article 10
Whenever necessary, the
Minister may call for a joint meeting, under his
Chairmanship, of the Board of the Authority and of the
Board of Directors formed in accordance with the law of
the Water Authority then in effect or any substituted
law. The legal quorum of both Boards is necessary.
This joint meeting of the Boards shall study all matters
presented by the Minister, such as the mutual tasks and
duties assigned to both Authorities. The decisions
taken shall be by unanimous vote or by simple majority
and shall be considered effective under this Law and the
Water Authority law then in effect and shall be carried
out by both Authorities in accordance with their
specialization.
Article 11
The Secretary General
shall be the executive manager of the Authority,
responsible to the Minister. He shall implement the
Authority's policy and plans and administer its affairs.
Article 12
The Secretary General
shall be entrusted with the following tasks and
responsibilities:
a. Implement the Board's
resolutions.
b. Prepare and submit to
the Board the proposed annual budget and the proposed
organizational structure.
c. Coordinate the
performance of the Authority's projects and maintain
efficiency-, cooperation, and harmony between its
technical and administrative departments.
d. Administer the affairs
of the Authority's officials and employees.
e. Supervise the
Authority's administrative and financial affairs and
control its supplies.
f. Any other
responsibilities assigned to him according to the
provisions of the regulations issued pursuant to this
Law. The secretary General may, with the approval of the
Minister, delegate any of his responsibilities specified
in conformity with this Law, to any employee of the
Authority, as dictated by the work requirements in it,
provided that this delegation is done in writing and is
specific.
Article 13
The Authority shall be
considered an autonomous corporate body. It may lease,
purchase and acquire movable and immovable properties,
may conclude contracts and sue legal cases and
prosecute- action in its name. It may appoint the
Attorney General to represent it in litigation in which
the Authority is involved, or it may appoint its own
attorney from within or outside the Authority.
Article 14
The Authority, upon the
recommendation of the Minister and with the approval of
the Cabinet of Ministers, shall have the right to
benefit from donations, revenues, loans, credits and any
other local financial, means that may become available
for performing its works and projects. The Authority
shall also have the right to borrow, through mortgage,
sale of financial bonds or any other means, which may
become available from the anticipated revenues, for
executing any of its projects.
Article 15
a. The Jordan Valley
Commission (JVC), the Jordan River Tributaries Regional
Corporation (JRTRC), the Natural Resources Authority
(NRA) and the Water Supply Corporation (WSC) shall be
administratively, financially and legally replaced in
the Jordan Valley Authority.
b. All assets of JVC and
JRTRC and all the assets and obligations of NRA and WSC
in the Valley shall be transferred to the Authority.
Article 16
a. The Authority shall
implement its works and projects, operate and maintain
all its supplies, equipment and vehicles in accordance
with the regulations issued by the Cabinet of Ministers
for the implementation of the provisions of this Law.
b. Notwithstanding what
is stated in this Law or in any other law, the projects,
which are totally or partially financed by another
party, other than the Government of the Kingdom, shall
be implemented in accordance with the agreements
concluded for them.
Article 17
a. Expenditures from the
Authority's budget shall be made in compliance with
financial regulations to be issued in accordance with
provisions of this Law.
b. A Special Treasury
shall be established for the Authority, and all
Authority funds shall be deposited therein. Funds of
the Treasury shall be deposited in a special account or
accounts at the Central Bank. Money shall be withdrawn
from this account or these accounts in the way specified
in the financial regulations of the Authority. Until
such regulations are issued, withdrawal shall be made as
determined by the Board.
c. The Authority shall
benefit from all national grants and loans and shall
accept grants and acquire loans from foreign
governments, international organizations, agencies, and
corporations subject to the approval of the Cabinet of
Ministers.
d. The Authority shall
have the right to invest its surplus funds, and the
Board shall determine, with the approval of the Cabinet
of Ministers, the ways and means of such investment.
The Authority shall have the right to provide loans to
Finance private projects and works which are closely
related and are complementary to the projects and works
of the Authority, and whose implementation assists in
the achievement of its objectives and of the objectives
sought from its projects.
e. The Authority funds are
considered Amerie funds and shall be collected according
to the Amerie Funds Collecting Act in effect.
Consequently the Authority is entitled to act as an
administrative governor and as the Amerie funds
collecting committee stipulated in the above act.
f. The Authority shall
have privileged rights in all its debts and all its
demands over the movable and immovable properties of the
debtor and his guarantors, whenever or not these have
been mortgaged or not.
g. No member of the Board
or any employee of the Authority Is permitted to benefit
financially from any of the Authority's projects or any
projects or source related to it. He is not permitted to
work on such projects or benefit financially from them
in any way except for his earnings as salaries from the
Authority or other remunerations within the limits
specified explicitly in this Law or any regulations
issued in accordance with its provisions.
Article 18
a. The waters acquired by
means of projects constructed by the Authority and which
were not used or exploited for irrigation purposes in
any area prior to the declaration of a water settlement
in accordance with the land and water settlement law in
effect, shall be considered Government property. Such
waters may be sold, leased, or otherwise disposed of in
a way as may be decided by the Board.
b. The Authority shall
implement its responsibilities concerning the allocation
and usage of surface and ground water, which are
developed under its supervision, according to the basis,
set by the Cabinet of Ministers upon the recommendation
from the Board.
c. When the Authority
constructs an irrigation project, it shall first
consider the rights to water registered in the Water
Register, and any excess water shall be considered
Government property.
Article 19
All minerals within the
Valley, whether on the surface or under ground or in
waters, shall be considered Government property. No
party is allowed to issue permits to search or explore,
or certificates of discovery, or licenses to exploit
minerals without the consent of the Cabinet of Ministers
upon a recommendation from the Board. Mining rights
issued prior to the effectiveness of this Law are
excluded from the provisions of this Article.
Article 20
a. The Authority shall
have its own cadre of employees. The classified
employees shall be subject to the provisions of the
Civil Pension Law No. 34 of 1959 and any modifications
thereof and to the provisions of the Civil Service Law
in effect or any substituted law. For unclassified
employees and workers, the Authority shall have a
special regulation to be issued in accordance with the
provisions of this Law prescribing the procedure of
their appointment, definition of rights, grades,
dismissal, termination of services, compensation and all
other administrative matters relating to them. Laws and
regulations which were applied to them shall continue to
be in effect until they are modified or substituted and
until the provisions of the Civil Service Law of 1988 or
any substituted Law are applied.
b. The Prime Minister,
upon the recommendation of the Minister shall have the
power to call on any employee from any ministry,
council, department or official corporation to work for
the Authority for the period specified in the order
issued in this connection. The services of such
classified employees shall be applicable to the pension
plan. During the period of his assignment, the employee
is subject to the Authority regulations issued in
accordance with the provisions of this Law.
c. The Authority may keep
the necessary employees of the JVC, JRTRC, NRA and WSC
who were working in the Jordan Valley at the time this
Law goes into effect. Their acquired rights in
accordance with the laws and regulations which were
applied to them shall be preserved as well as the rights
of compensation, rewards and other rights of those whose
services shall be terminated.
Article 21
The Authority, with the
approval of the Cabinet of Ministers, has the right
within the Jordan Valley or in the basins of the Jordan
River Tributaries to the expropriation and immediate
acquisition of lands, water shares or both as necessary
for its projects, and any other benefits pertinent to
land or water, either by absolute expropriation against
compensation or by lease for any period it deems
appropriate. The Authority shall have the right to
specify the rent for any period or periods it may deem
necessary. In execution thereof, the following
arrangements shall be followed in estimating the values
or rent of lands and waters and the structures thereon
that are decided to be acquired.
a.Values of land or water
shares or both or any other benefits related there to or
rent values shall be evaluated by a committee or
committees called "Land Evaluation Committee", which
shall be composed of a high ranking Government employee
as Chairman, and two other experienced members appointed
by the Cabinet of Ministers at the recommendation of the
Minister. The Authority may issue regulations, by which
the committee or committees shall abide for evaluating
lands, trees, waters, and any movable or immovable
properties.
b.Any such committee shall
inspect and estimate values of the acquired lands and
the value of what lies upon, or water shares and
determine their values regardless of any rise in land
prices resulting from the construction of any section or
stage of any project implemented or under implementation
or being planned, and for such evaluation the committee
may consider the opinion of any person or committee to
decide the value of lands and shall then issue
evaluation decisions by majority.
c. The chairman of the
Evaluation Committee shall publish in more than one
local newspaper for two successive days and shall
display for 15 days in a visible place in the City or
village in which the acquired lands and water shares are
located. One copy of such decisions shall be handed
over to the Secretary General and another to the Mukhtar
of the village or the Mayor of the municipality. Any
holder or beneficiary has the right to contest the
decisions of the committee concerning the evaluation,
within fifteen 15 days from the date of expiry of the
announcement. If no objection to the evaluation is
made, the evaluation shall be considered final. All
cases of differences in the estimated values of trees,
seasonal crops and structures during the period failing
between the first estimate and the time of handing over
the farm units or housing plots to the new owners, shall
be referred to the Minister. The Minister shall form a
committee or committees for this purpose, and the
Minister's decision shall be considered binding to all
concerned.
d. Objections shall be
submitted to an Appeals Committee composed of a judge as
chairman, who shall be delegated by the Judicial Council
and whose grade shall not be lower than that of
president of the Court of Appeals, and two other members
appointed by the Cabinet of Ministers upon the
recommendation of the Minister.
e. The Appeals Committee,
if it deems appropriate, shall have the right, upon
scrutinizing any objection submitted to it, to go and
inspect the site of the lands or water shares, the
evaluation of which was objected to. It may also seek
the opinion of any person whose experience the committee
considers to be of benefit and examine any documents for
the purpose of determining the actual values of lands,
water shares and other rights, provided that any rise in
prices resulting from the construction of any section or
stage of any project implemented or under implementation
or being planned, shall not be taken into account. It
shall issue the necessary decision, which shall be final
whether it was taken unanimously or by majority vote.
f. The objector, on
submitting his objection, shall deposit as security the
sum of JD 15 with the district accountant for each tract
the evaluation of which has been objected to. If the
objection is rejected, the deposit shall be considered
as revenue to the Treasury. If it appears that the
objection is rightful, the amount of deposit shall be
refunded to him. Non-payment of the deposit shall
constitute a reason to reject the objection.
g. The final values
assessed for lands, water shares or any other rights
acquired shall be considered as fixed capital values of
the Authority’s project and such values shall be
registered in special records at the Authority yet shall
be considered binding against all concerned persons,
provided that the Authority compensate the owner or the
holder within five years from the date of confiscation,
otherwise the Authority shall reassess by either
providing him with a farming unit or more according to
the incident, or by compensating him financially if his
land area was less than 10 dunums, taking into
consideration the value of any structures built at the
farm or improvements accomplished.
h. All debts, taxes,
fees, the Amerie Funds and costs of any section or stage
of any project undertaken by the Government, and other
debts due on any land being expropriated before or after
this Law comes into effect shall be deducted from the
capital value of the debtor's or holder's lands and
shall be paid by the Authority to the creditor in
installments during a period not exceeding ten (10)
years at 6% interest. If the amount of debt exceeds
that of the capital value, then the creditor may claim
the difference from the debtor.
i. No compensation shall
be paid to the holder of the land for any improvement
made after the date on which an expropriation decision
was announced in two local newspapers.
j. The General Manager of
the Lands and Survey Department shall, upon receiving a
notice from the Authority, prepare cadastral maps for
the expropriated areas showing the boundaries of farm
units, roads, distribution systems of both irrigation
and drainage, also housing plots, streets, buildings,
parks and all private and public facilities as
determined by the Authority. He shall cancel all
previous registration records and issue new title deeds
in the names of former landowners to who farm units or
housing plots have been allotted. These are exempted
from fees and stamps and he shall issue title deeds
exempt from taxes and stamps in the name of the
Authority for all remaining units which have been
acquired in accordance with the provisions of this Law
provided that this is completed within a period not
exceeding three years. The Authority shall be exempted
from all fees on land registration transactions listed
in the Annex attached to the Land Registration Law No.
26 for the year 1958 or any subsequent amendment. It
shall also be exempted from revenue stamps that are
affixed on such transactions. It shall also be exempted
from objection fees and any other fees.
k. The Authority upon a
decision of the board shall have the right to suspend
all land registration transactions of the expropriated
and immediately acquired lands except those transferred
through inheritance until all new registration deeds
have been issued in accordance to paragraph (j) of this
Article.
Article 22
a. The Authority, shall
upon a decision from the Board and according to the
recommendation of the Secretary General, divide into
farm units irrigable lands expropriated for purposes of
reclamation and exploitation through agriculture, the
minimum size of a unit shall be 25 Dunums and the
maximum size shall be 50 Dunums under no circumstances
may any unit be divided or parceled into units the size
of which is less than the minimum fixed in this
paragraph, provided that the provisions of this article
are not applicable to divisions done prior to the
effectiveness of this law.
b. The Authority, by a
decision from the Council of Ministers upon a
recommendation from the Board and after reviewing the
recommendations of the Farmers Selection Committee,
should allot agricultural units according to the
following, provided that the provisions of this article
are not applicable to allotment decisions taken before
the effectiveness of this law:
1. The total land area of
each farmer falling within the agricultural projects
shall be allotted to the farmer after deducing an area
not exceeding (15%) for services.
2. It is possible to
allocate one farm unit (only once) to the farmer that
works in agriculture in the valley owns no land in it,
provided that the Authority have such units. Basis for
such allotments will be defined in a regulation issued
for that purpose.
c. The
Authority may, upon a decision from the Cabinet of
Ministers and upon recommendation from the Board and
after reviewing the recommendations of the Farmers
Selection Committee, allot or leased to the holder who
is tilling a land with an area of less than (25) Dunums,
an additional area to make the land equal to the minimum
area set for that unit.
d. For the
purpose of organizing farm units to conform with the
distribution networks and to avoid establishment of
small units or units of irregular shape or in difficult
technical cases, the Board may not adhere to the area
limits prescribed in paragraph (a) of this Article.
e. 1. If a farm
unit is allotted to more than one person and it was not
possible to exploit it due to misunderstanding among
partners, the Authority may re-divide the unit among
partners provided that none of the resulting units will
be less than the minimum area defined under this Law.
2. If it was not
possible to re-divide the unit according to (1) above,
the Authority may repossess the unit against a fair
compensation to the partners assessed upon the actual
value, and the Authority may re-allot this unit.
f. In case
of the death of a holder or lessor, his rights in the
farm unit shall revert to his heirs provided that the
area of any unit, when parceled, shall not thereby be
reduced to less than the minimum limit provided for
under this Article.
g. The holder
who has a unit or more registered to his name according
to the provisions of this Law, may lease the unit or
areas which he doesn’t wish to utilize by himself to any
other lesser for a period of not less than one year and
not more than thirty years renewable for any other
period or periods they deem appropriate, provided that
the purpose of the rental is to utilize the unit for
agriculture. The rent contract shall not be considered
legal evidence unless it is registered at the Authority
and the Authority is paid a registration fee equivalent
to five Jordanian Dinars for each year of the contract
period.
h. The
Authority, by a decision from the Cabinet of Ministers
and recommendation from the Board, may lease to any
renter any units registered in it’s name for a period
not exceeding thirty years and to renew the rent
contract for the same period or to any period agreed
among the two parties provided that the purpose of the
rental is to utilize the unit for agriculture, and the
Authority may terminate the contract if it discovers
that the lesser is not utilizing the unit according to
the contract. The termination of the contract will take
place thirty days after sending the lesser a written
notice notifying him that he should comply with the
terms of the contract should fail to lose the Authority
may get the unit back.
i. The
holder may sell the unit or his shares in it to any
Jordanian person who holds a national identification
number in accordance with the effective laws and
regulations provided that (the seller) have paid the
Authority all his due rights and receive a certificate
indicating so from the Authority, provided that the area
registered in the name of any person should not be more
than 250 Dunums.
j. Persons
whose names are registered in one registration deed have
no right to divide the farm unit into smaller divisions
for the purpose of exploitation of such division(s) by
one or some of them, separately from the rest of the
unit and from the other holders of the unit.
k. The
Authority has the right to take all necessary measures
to implement the irrigation networks in the Valley and
improve their facilities and protect them whether inside
or outside the planning boundaries of municipalities and
villages.
l. It is
not possible to implement mandatory sale on any of the
agricultural units covered by this Law against a loan or
mortgage or any legal deposit made prior to this Law
noticing that ten years after the effectiveness of this
law abovementioned should be considered void.
Article 23
a. The
Authority with a decision of the Board and upon
recommendation from the secretary General, and with the
approval of the supreme planning council, can re-divide
the expropriated lands which fall outside the planning
boundary of municipalities and villages in the Valley,
and develop and improve these lands with the purpose of
allocating them for housing purposes provided that such
lands are not allocated for farming units according to
the land use plans approved by the Board.
b.
1. A housing plot
or more than one unit will be allocated to persons whose
lands are expropriated according to Paragraph A of this
Article, with an area equal to the total area
expropriated, after deducting 25% of the total area for
the provision of services. The provisions of this
Paragraph do not apply to the allocations that took
place before the effect of this Law without violating
the right for compensation according to the procedures
listed in this Law.
2. The Cabinet of
Ministers may allocate housing plots from the government
lands to Jordanian citizens who are residing in the
Valley and do not have any land within the areas zoned
for housing, these allocations should not exceed 1500
squares meters and in accordance with the requirements
of the number of their family members, according to the
basis set by the Cabinet of Ministers including the way
by which the prices of these units shall be paid.
3. The Cabinet of
Ministers, according to a recommendation from the Board,
may allocate housing plots from the government lands
which are confiscated and within the housing zone
provided that the area of each unit will not exceed
(1500) square meters, and sell these lands in an open
auction to Jordanian citizens who wish to reside in the
Valley.
4. The Council may
and for planning purposes approve the implementation of
housing projects outside the farm units for the owner of
lands falling outside municipal boundaries.
Article 24
a. The
Minister shall appoint a committee or committees called
"Farmers selection Committee". Each committee shall be
composed of an Authority employee as Chairman and two
other members, one of whom is a farmer with experience
in the region or town or village where farm units or
housing plots are to be allocated. The committee shall
assist the holders in selecting the farm units or
housing plots that the Authority may allocate to them in
accordance with this Law, and shall select the farmers
for farm units and the persons desiring to settle in
housing plots. The decisions of the farmers selection
committees shall be unanimous or by majority and shall
be submitted to the Board for decisions. The Board's
decision in this regard shall be final. The publishing
of an announcement in two local daily newspapers to call
person(s) to appear before the farmers selection
committee shall be considered full legal notice. The
Board also has the right in case an error appeared in
the allocation of farm units or housing plots, or if the
public interest so requires, reconsidering, substitute
or modify the allocation provided that the Board's
decision concerning allocation of farm units shall be
ratified by a decision of the Cabinet of Ministers.
b. In all
cases of allocation, whenever possible, the holder has
priority to the farm unit or housing plot 20% of whose
area is from his expropriated land.
c. The holder
whom the Authority may allocate farm units or housing
plots in accordance with Articles 22 and 23 of this Law
shall select such units or plots that he desires to be
allocated to him and shall notify the Authority in
writing of his desire within 30 days from the date he
received a notice from the Authority in this regard in
accordance with paragraph (a) of this Article.
d. If the
holder did not select his desired farm units or housing
plots by a written application to the Authority within
the time period specified in paragraph (c) of this
Article, the farmer selection committee has the right to
allocate to him units or plots it sees fit or to refrain
from allocating units and plots to him as specified in
Article 22 and 23 of this Law. The committee's decision
shall be final and binding to all concerned parties if
approved by the Board. The Board also has the right, if
the holder did not apply within the time period
specified in paragraph (c) of this Article, not to abide
by the requirements of paragraph (b) of this Article.
It can also take whatever it sees as suitable actions
with respect to allocation or otherwise and all decision
taken before the effectiveness of this Law are
considered correct and final.
e. If it
became evident to the Authority that any of the holders
whose land has been expropriated for the purpose of
irrigated agricultural development had registered in the
name of his wife and his children ineligible under the
holder's expression defined in Article 2 of this Law
before year has passed since its effective date, the
Authority has the right to consider the wife and
children as members of the head of the household, and
the collective total area of their ownership is
considered as tough it is owned by the head of the
household. They shall collectively be allocated farm
units in the amount allowed by this Law considering all
of them as one farming subject to the holder's
expression defined in Article (2) of this law.
f. If an
expropriated land came to be owned by individuals by
means of inheritance, and is still in their collective
ownership, such land shall divided among them and the
provisions of this law in connection with the allocation
shall apply to each of them as a holder.
g. The value
of a farm unit and the housing unit which are allocated
to the holder shall be deducted from the capital value
of his lands registered in the Authority's records
according to paragraph F in Article (21) of this Law,
and if the value of the allocated units exceeds the
capital value, the holder shall pay to the Authority the
amount equivalent to the difference, in accordance to
regulations issued by the Board In this regard.
h. The
Authority shall pay to the holder the remainder amount
due to him on account of the capital value of his lands
that are registered in the Authority records in
accordance with paragraph (g) of Article 21 of this Law,
and it shall pay to the holder to whom no farm units or
housing plots have been allocated the capital value of
his land either by one installment or by a number of
installments not exceeding ten annual installments as
decided by the Board and with an annual interest rate of
4 percent on the unpaid balance. The commencement date
for payment of these installments shall be fixed by the
Board of the Authority.
i. The
farmers selection committee shall select the farming
family to settle in the farm units provided that the
priority of selection shall be as follows:
In first priority:
1. To holders
residing in the Kingdom who operate their lands by
themselves, for areas that were irrigated at the time of
expropriation.
2. To holders
residing in the Kingdom, for un-irrigated lands.
In second priority:
1. To Holders
residing in the Kingdom who exploit their lands through
leasing or sharecropping.
2. Lessee or Lessees
of land in accordance with a legal contract with a
duration exceeding fifteen continuous years.
In third priority:
To farmers residing in the Jordan
Valley.
In forth
priority: To professional farmers who
are not from the Jordan Valley population.
In fifth
priority: To holders residing outside
the Kingdom.
j. The
Board shall set all necessary regulations to control
the use of water in farm units in the Valley, including
basis for distribution units supply and cut of supply ,
and fix the maximum quantities to delivered in
accordance with water availability and the nature of the
crops planted in the unit, provided that these
regulations shall include control procedures required
for their enforcement noticing that water prices shall
be defined upon a decision from the Cabinet of Ministers
according recommendation from the Board.
k. The
Authority upon a decision from the Board has the right
to consider as expropriated for the purposes of
reclamation and use for irrigated agriculture any arable
land suitable for irrigated agriculture or exploited by
irrigated agriculture and included in town and village
development or for irrigated agriculture. Accordingly,
these lands and their holders are subject to those
provisions of this law that deal with lands
exproprtiated by the Authority for purpose of
reclamation and use for irrigated agriculture with the
exception of the provisions of paragraph (b) of Article
24 of this Law. The holding rights of this lands are
automatically transferred to the Authority.
Article 25
Decision taken before the
effectiveness of this Law by the Natural Resources
Authority, the Jordan Valley Commission and the Jordan
River Tributaries Regional Corporation shall be
considered as if they are decisions taken in accordance
with this Law.
Article 26
The Authority has the
right, according to a decision from the Council of
Ministers upon recommendation from the Board, to
allocate, sell or lease a farm unit or housing plots or
any other land to any government agency or government
corporation.
Article 27
a.
1.
The Authority, upon a decision from the Board and
approval of the Cabinet of Ministers may allocate other
lands, either selling or leasing them for the purpose of
projects that fall within its specialization, provided
that the rights of the original owners are mentioned by
registering these lands to their names or paying them a
fair compensation in accordance with the provisions of
this Law.
2.
As
for the lands which do not fall within the requirements
of development in the area of it's jurisdiction, the
Authority will have to return these lands to their
original owners according to a decision from the Council
of Ministers upon recommendation from the Board within
three years from the effectiveness of this Law according
to a comprehensive land use plan, and they will have the
right of utilizing it in accordance with the effective
laws and regulations.
b. Taxes on
farm units shall be paid by holders and sub-lessees in
accordance with the effective laws in connection
thereto. Taxes on housing plots and other lands shall
be paid by holders.
Article 28
The Authority has the
right to recover from holders and sub-lessees in case of
irrigation projects and from beneficiaries and
subscribers in connection with the other projects, all
or part of the capital costs and the operation and
maintenance costs that are spent on its projects in
accordance with the regulations that the Authority will
request to be issued for this purpose.
Article 29
Decisions and notices to
be served by the Authority to concerned parties are
served through local newspapers. Each decision or
notice published for three consecutive days in more than
one local newspaper is considered a decision or a notice
legally served to concerned parties.
Article 30
Any person authorized in
accordance with this Law or the regulations issued under
it to investigate and gather information or for any
other operation may enter any land provided that a fair
compensation must be paid to the holder for any damage
caused by that person during the performance of his
task.
Article 31
a. In light of
any further punishments stated in the (Criminal Law ),
each person purposely damaging or sabotages any project
of the Authority, will be punished by imprisonment for a
period not less than three months and not exceeding one
year, or may be fined of not less than JD200 and not
exceeding one thousand JD1000.
b. Every
person who, without permission of the Authority, takes
or arranges to obtain or benefit from any of the
Valley's water resources other than his rightful share
as evidenced by a water title deed legally recorded in
the Water Register shall be punished by imprisonment for
a period not less than one month and not exceeding one
year or may be fined not less than JD200 and not
exceeding JD100. Moreover, the court must order the
removal at the expense of the convicted person of any
arrangements or, works by which th |