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The Galilee Development Authority Law
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The Galilee Development Authority Law

Definitions

1.       In this law-

"The Galilee"- the northern region within the boundaries as established in the announcement regarding the division of the State into districts, regions and their boundaries, as validated in Section Three of the Government and Legal System Decree issued in 1948 [1] ;

"The Authority" – The Galilee Development Authority established in this law;

"Board of Directors"- The governing council as defined according to Section Nine of this document;

"Executive Committee" - The administrative body as defined according to Section Eleven of this document;

"The Minister"- The Minister of Economic Development and Planning;

"The Local Authority"- The Local Council or Municipality.

The Authority

2.       According to this law, the Galilee Development Authority is hereby established.

The Authority-Incorporated

3.       The authority is an incorporated body.

The Authority-An Audited Body

4.       The authority is an audited body as defined in Section 9(2) of the State Comptrollers Law-1958 [Integrated Version] [2] .

The Functions   of the Authority

5.       (A) The Functions of the Authority are as follows:

(1)    To initiate economic, communal, scientific and technological development of the Galilee;

(2)    To prepare programs for the economic, communal, scientific and technological development of the Galilee;

(3)    To encourage economic initiatives for Galilee regional development;

(4)    To coordinate between government ministries, authorities and other bodies involved in Galilee regional development;

(5)    To initiate research studies and supply information encompassing all areas related to the economic communal, scientific and technological programs, initiatives in the Galilee;

(6)    To advise and assist in all aspects of planning and development of economic, scientific and technological projects in the Galilee, including all legal procedures as required by law;

(7)    To act towards the goal of attracting a concentration of executive bodies, primarily government units and companies to maintain their offices in the Galilee;

(8)    To initiate activities intended to settle the Galilee and enhance the region's absorption capabilities.

      (B) The implementation of the authority's functions will be in coordination with the government's economic policy.

 

The   Powers of the Authority

6.       The Authority's Powers shall include:

(1)    To appoint those bodies that will implement the economic, communal, scientific and technological development programs prepared by the Authority;

(2)    To determine the utilization of authority resources;

(3)    To receive contributions from Israel and abroad to implement its functions;

(4)    To establish corporations, as sole owner or in partnership, or purchase the rights of existing corporations, all for the purpose of implementing its functions;

(5)    To create and maintain economic development funds;

(6)    To receive, subject to all legal statues, loan(s) for the purpose of conducting its said functions and float for this purpose development bond shares; the bonds, loans and their terms are subject to The Minister's approval, subject to the agreement of the Minister of Finance;

(7)    To take any actions required for the implementation of its functions.

Participation by the State

7.       Within the framework of the annual budget, the government will allocate funds to the Authority for participation in its activities as stated in Section 5 and meet the Authority's expenses.

The Authority's Income

8.       All income incurred by the Authority will be utilized in the framework of its annual budget for purposes announced by the Authority for the sake of implementation of said functions.

The Board of Directors

9.       (A.) The Authority will be governed by a Board of Directors of the following composition:

(1)    Civil Service representatives of the Government-to be appointed individually by each minister of the Government;

(2)    A civil service representative of the Israel Lands Administration to be appointed by the Administration's Board of Directors;

(3)    The Mayor of all Galilee municipalities, or an appointed representative;

(4)    A representative from all institutions of higher education operating in the Galilee

(5)    The Director General of each of the following or an appointed representative:

(a.)   Sieff Government Health Center, Safed;

(b.)     Emek Medical Center, Afula;

(c.)   Poriya Government Health Center, Poriya;

(d.)   Western Galilee Hospital, Nahariya;

(e.)     The "Holy Family" Hospital, Nazareth;

(6)    A representative of the Manufacturers Association of Israel;

(7)    A representative of the Association of Craft and Industry in Israel;

(8)    Two representatives of The Histadrut - the General Federation of Labor in Israel, who will be appointed by the Director General of the Histadrut;

(9)    Two representatives of Tourism Promotion Boards operating in the Galilee that according to the Minister of Tourism are representative of the region;

(10)   A representative of The Histadrut of Agricultural Laborers;

(11)   A representative of the Farmer's Association;

(12)   A representative of LAHAV - The Federation of the Israel Self-Employed Organizations;

(13)   A representative of the Jewish Agency for Israel;

(14)   A representative of the Jewish National Fund;

(15)   Member of Knesset who are residents of the Galilee;

(16)   Five members- at- large to be appointed by the Minister

       (B.) The Board's chairman will be elected by the Board of Directors from among its members and subject the Minister's approval.

The Role of the Board of Directors

10.     (A.) The Role of the Board of Directors shall be as follows:

(1)    To determine Authority policy;

(2)    To serve as a consultative body to the government in all matters relating to the implementation of this law;

(3)    To approve the Authority's annual budget;

(4)    To supervise the Authority's implementation of its functions

The Council is authorized to appoint committees from among its members and delegate authority to said committees.

The Executive Committee

11.     (A.) Matters of the Authority will be managed by an Executive Committee to be composed of the following members of the Board of Directors:

(1)    Representatives of the following Ministers: the Minister of Finance, the Minister of Construction and Housing, the Minister of Education and Culture, the Minister of Agriculture, the Minister of Economic Development and Planning; the Minister of the Interior; the Minister of Tourism; the Minister of Industry and Commerce;

(2)      A representative of urban municipalities who will be appointed by the Minister after consultation with mayors of the relevant municipalities in the Galilee region;

(3)    A representative of regional councils who will be appointed by the Minister after consultation with mayors of the relevant regional councils in the Galilee region;

(4)    A representative of local councils in the Galilee that are not regional councils who will be appointed by the Minister after consultation with the mayors of the local Galilee councils that are not regional councils;

(5)    A representative to be appointed by the Minister of those local councils that the majority of their population are non-Jews after consultation with them;

(6)    A representative of The Histadrut - the General Federation of Labor in Israel, who will be appointed by the Director General of the Histadrut;

(7)    A representative of the Manufacturers Association of Israel;

(8)    A representative of the Association of Craft and Industry in Israel;

(9)    A representative of the Jewish Agency for Israel;

(10)   A representative of the Jewish National Fund;

(11)   A member-at –large to be appointed by the Minister

       (B.) The Committee's chairman will be elected by the Committee from among its members and subject the Minister's approval.

Qualifications and Restrictions

12.     (A.) No person shall serve as a member of the Board of Directors or Executive Committee-

(1)    Who is not a citizen of the State of Israel

(2)    Who has been convicted of a crime within ten years prior to his appointment, or is currently serving a sentence for a crime that in the opinion of the Attorney General is a disgraceful act;

(3)    Who is related, directly or indirectly, by himself or through a relative, employer or partner, to a party that has a contract or dealings with the Authority, or who is an interested party in a corporation related to said Authority; however this does not disqualify those employees or managers of public bodies or government corporations solely due to the dealings of said bodies or corporations with the above.

(B.) To the matter of (A.) (3) and Section 18-

An "Interested Party" is defined as the holder of   more than 5% of   corporate capital or by virtue of his right to vote on corporate matters or share in its profits;

A "Relative" is defined as a spouse, parent, son, daughter, brother, sister and their spouse.

Prohibitions Concerning Salary

13.   Members of both the Board of Directors and Executive Committee will not receive a salary from the Authority for their services; however, they will be eligible for a refund of reasonable expenses.

Term of Office

14.   Members of both the Board of Directors and Executive Committee will be nominated for a three-year term of office that may be renewed, although the nominating body/minister will have the right to replace their original candidate whenever it is viewed fit to do so.

Expiration of   Term of Office

15.   Members of the Board of Directors and Executive Committee will cease to serve prior to the expiration of their term of office due to one of the reasons listed below:

(1)    Resignation following delivery of a signed letter of resignation to the nominating official/body and served notice of such to the Board's Chairman;

(2)    Retirement from Civil Service in a government agency, authority or body represented by said member;

(3)    Conviction of a crime that in the opinion of the Attorney General is a disgraceful act.

Transfer of Appointment

16.   The chairman of the Board of Directors will be authorized to transfer a member of the board from his position prior to the expiration of said member's term of office for one of the following reasons:

(1)    The inability to regularly fulfill his position;

(2)    Sufficient evidence of the existence of one of the "Qualifications and Restrictions" as defined in Section 12 (A.)(3)

Manner of Discussions

17.   The Board and Executive Committee will determine their means, methods, and manner of discussions in the event that these have not been previously set forth in and in accordance with this law.

Conflict of Interest

18.   Members of the Board and/or Executive Committee that are party to or liable thereof, directly or indirectly, by himself or through a relative, employer, partner, or corporation in which he is an interested party that has a part or relationship to any deals or matters standing before the Authority for discussion in its bodies-

(1)    Will serve immediate notice to the chairman of the relevant body;

(2)    Will not be present at any discussions in which the deal or matter is being discussed nor participate in any decisions relating to them or about them.

Validity of Actions

19.   The existence of the Board of Directors and the Executive Committee, their authority and validity of their decisions will not be affected in any way by the removal or resignation of a member of said bodies or due to any improprieties in said member's nomination or remainder of his term of office.

Executive Director

20.   (A) The Board of Directors will nominate an Executive Director to be approved by the Minister.

(B)   The Executive Director will subservient to the Board, the Executive Committee and the Minister in the implementation of their decisions and functions of the Authority.

The Term of Office and Terms of the Position of Executive Director

21.   (A) The Executive Director will serve for a term of 5 years; the Board of Directors, contingent upon the Minister's approval is authorized to extend this appointment for an additional term of office.

(B) The Executive Director will cease to serve prior to the expiration of his term of office for one of the following reasons:

       (1) Resignation following delivery of a signed letter of resignation to the Chairman of the Board;

       (2) The Minister and the Chairman of the Board have determined that the Executive Director is incapable of fulfilling his position.

(C) The Minister and the Chairman of the Board, with the approval of the Board of Directors will determine the salary and terms of the position of Executive Director.

The Employees of the Authority

22.   The conditions of employment of the Authority's employees, appointments, disciplinary jurisdiction, terms and salaries, except their pensions will be equal to that of the Civil Service.

Judgments Concerning the Executive Director , Members of the Board of Directors and Employees of the Authority

23.   (A.) The Executive Director and employees of the Authority will be viewed as Civil Servants with regards to the following matters:

(1)    Civil Service Law (Limitations regarding political activities and fund raising)- 1959 [3]

(2)    Election to the Knesset Law [Integrated Version]-1969 [4]

(3)    Public Service Law [Limitations after Retirement]-1969 [5]

(4)    A Directive Concerning Civil Servants as to the Penal Code- 1977 [6]

(5)    Public Service Law [Gifts] -1979 [7]

(6)    Code of Evidence [New Version]-1971 [8]

(7)    Code of Torts [New Version] -1988 [9]

 

      (B.) The instructions of Line (A.) (4) and (5) will apply to those members of the Board of Directors who are not civil servants.

     

Official Reports and Statements

24.       (A.) At the beginning of every fiscal year the Authority will present an Annual Activities Report to the Minister, the Minister of Finance and the Finance Committee of the Knesset that will include -

(1)      An Audited Annual Balance;

(2)      A Statement of Income and Expenses;

(3)      A Report Regarding the Authority's Resources and Means of Utilizations

(4)      A Survey Budgetary Implementation;

(5)      A Survey of Authority Activities for the Year

               (B.) The Minister and the Minister of Finance are authorized to demand at any time, from the Authority, an activity report and other information pertaining to any and all matters relating to the Authority and its functions and powers.          

 

Amendment to the Galilee Law

25.   In the Galilee Law-1988 [10] ' Sections 3 through 11 are nullified.

Implementation and Reform

26.   The Minister authorized to implement this law and initiate reforms pertaining to its implementation.

 

Yitzhak Rabin

Prime Minister

 

Shimon Shitrit

The Minister of Economic Development and Planning

 

 

Ezer Weizman

President

 

Shevah Weiss

Speaker of the Knesset

 



1 Provisional Government Decrees 1948, Appendix A, Pg 1: Government Decrees 1957, Pg 761; 1982 Pg 664

2   "Sefer HaHukim" 1959, Pg 92

3   "Sefer HaHukim" 1959 Pg. 190

[4]   "Sefer HaHukim" 1969 Pg. 103

[5]   "Sefer HaHukim" 1969 Pg. 144

 

[6]   "Sefer HaHukim" 1977 Pg. 226

[7]   "Sefer HaHukim" 1979 Pg. 2

[8]   "Dinei Medinat Y'israel, Nusach Hadash"   Vol.18, Pg. 421

[9]   "Dinei Medinat Y'israel, Nusach Hadash" Vol. 16, Pg. 226

[10] "Sefer HaHukim" 1988 Pg. 22