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Israel Defense Forces

Order No. 130

Order Regarding Interpretation

By the powers vested in me as commander of IDF forces in the West Bank region, I hereby order the following:

Chapter A – Definitions and Principles

Words and phrases

1. In security legislation, each word and phrase in this section will be interpreted as defined below, as long as nothing explicitly cited in the security legislation, the substance of the matter or the context contradicts or is inconsistent with this definition, and all grammatical variations of form and phrase will be interpreted as follows:

(1) “Person” – including a corporation or group of people not incorporated.

(2) “Enemy” – includes armed rioters or rebels, or anyone who participates in armed activity against the IDF.

(3) “Responsible person” – in an aircraft, vehicle or seacraft – including whoever has possession or control of such vessel, or whoever is in charge of it at that moment.

(4) “Boat” – a vessel used for sailing, not powered only by oars.

(5) “Cancellation” – of security legislation or of a law, including cancellation of part of them, including a directive under which or by power of which they, or part of them, cease to be in effect.

(6) “Home” – including any structure or place that serves or is designed to serve as a residence for a person, whether above ground or underground.

(7) “In writing” – including print, typewriter, duplication, photocopy or in any other way of visibly presenting words or literature or copying them.

(8) “Law” – an act by a legislative authority in force in the region on the eve of the determining date; including any directive based on such legislative act with the exception of security legislation.

(9) “The region” – the West Bank.

(10) “The determining date” – June 7, 1967.

(11) “Possession” – possession of something by a person, under his control and supervision, including control of anything in another person’s domain, or control of something located in any place, whether the place belongs to the person or is being held by him. However –

(AA) If there are two or more people, and one or some of them possess a thing or are looking after it, it will be considered as if the thing were under the supervision and in the possession of each of them;

(BB) Anyone holding a place in which a thing is or was found, will be considered as if he holds or held this thing, as long as he does not prove the contrary.

(12) “Soldier” – a person who belongs to the IDF.

(13) “Signature” – includes a fingerprint for a person who cannot write his name.

(14) “Import” – bringing in or causing to bring in to the region, by land, by sea or by air.

(15) “Export” – sending or causing to send out of the region, by land, by sea or by air.

(16) “Aircraft” – a plane, helicopter, glider, hot-air balloon, hovercraft or other vessel that is may fly.

(17) “Motor vehicle” – a mechanically powered land or amphibious vehicle of any type and any form, or towed by such a vehicle, as well as a machine or device that moves or is towed, including two-wheeled or three-wheeled; whether the vehicle serves – or is designed to serve – for hauling cargo or transporting passengers, or serves – or is designed to serve – for agricultural work, road paving or any other work; whether the vehicle moves on wheels or on tracks.

(18) “Seacraft” – a boat, ship or other vessel that is liable to sail.

(19) “Personal belongings” or “goods – any type of property, including any possession, right or benefit, with the exception of real estate.

(20) “Sale” – includes exchange, conversion, sale offer or sales display.

(21) “Military commander” – as defined in the Order Regarding Security Directives, including someone given the powers of a military commander under the aforementioned order.

(22) “Real estate” – including all of the following, whether the public or an individual has the right to it.

(AA) Land of any type;

(BB) Roads or railroad tracks;

(CC) Ports;

(DD) Airports;

(EE) Any structure, tree, plant, or other thing found on the real estate as an inseparable part of it, or attached to the real estate, whether in a permanent or temporary way, whether on or within the real estate;

(FF) Any part of the sea or coast;

(GG) Any source of water, above or under ground, natural, organized or installed, including a ritual bath [mikveh], reservoir, pit, well, canal or sewer;

(HH) Mines or quarries of various types, located in, on, within or under real estate;

(II) Any possession, right or benefit of real estate;

(23) “Transgression” or “breach” – of a directive, requirement, permit or condition stipulated in security legislation – even non-compliance by implication.

(24) “Criminal offense” – an action, attempt or omission punishable under or by power of security legislation.

(25) “Punishment” – in regard to a criminal offense – fine, imprisonment or capital punishment.

(26) “Published” – includes disseminating, supplying, distributing, delivering, announcing or presenting to any person.

(27) “IDF” – Israel Defense Forces, as well as other armed forces operating in cooperation with it or under its command.

(28) “Team” – in regard to an aircraft, vehicle or seacraft – anyone engaged in its operation, navigation, maintenance, or in any role, activity, profession, trade or service in it.

(29) “Officer” – an officer in the IDF.

(30) “Street” or “route” – includes a road, boulevard, alleyway, path for riding or walking, plaza, courtyard, promenade, lane, passageway, tunnel, bridge, or any open place that the public uses or passes through, or that the public enters or is entitled to enter.

(31) “Train” – includes cable car, subway, engine, train car, rail cart or platform, powered, towed or pushed, by steam power, fuel, electricity, or any other mechanical method, including a station, track, bridge, cable, workshop, storeroom, garage, and any place, structure or facility that serve – or are designed to serve – for purposes of a train, for operating or maintaining it, or for any role, activity, profession, trade or service entailed in the aforementioned needs.

(32) “Local authority” – a municipality, a local council, or any other local authority established by power of law or by power of security legislation.

(33) “Permit” – license, permission, authorization, approval or exemption provided by power of security legislation.

(34) “Essential services” – services required for one of the following:

(AA) The security of Israel or the IDF;

(BB) Protecting public security in the region;

(CC) Maintaining public order in the region;

(DD) Fulfilling the vital economic, medical or spiritual needs of the public in the region.

(35) “Rent” – including a sublease.

(36) “Year” or “month” – according to the Gregorian calendar.

(37) “Fiscal year” – the 12 months that end on March 31 of each year.

(38) “Corporation” – including a group of corporations.

(39) “Security legislation” – a proclamation, order, announcement, notice, requirement, permit, appointment, or other document issued by the commander of IDF forces in the region, by a military commander, or by another authority empowered by them, on their behalf, or with their approval, whether before or after this order takes effect.

Number and gender

2. Everything expressed in security legislation in the singular also includes the plural, and vice versa; and everything expressed in masculine form also includes the feminine -- as long as there is no other explicit directive in this legislation, and nothing in the substance, matter or context inconsistent with this implication.

“Or,” “other,” “in another way”

3. The words “or,” “other” or “in another way” – when they appear in security legislation and there is no other apparent intention – are intended to differentiate and not to deduce, unless accompanied by the word “similar” or another word that implies deduction.

Calculation of time

4. In calculating the time in regard to security legislation, the practice will be as follows, if no other intent is implied:

(1) Where the legislation cites a number of days that have or will have elapsed after a particular action or event – the day of the action or event will not be counted among the number of days.

(2) Where a period is stipulated, it will not stop or be affected by the fact that the last day of the period is a day of rest, vacation time, statutory holiday according to the directives of law or security legislation, or a day of rest of one of the religions.

When no time is stipulated

5. An action for which no time is set or given in the security legislation for its performance should be done with all due speed and repeated whenever the circumstances stipulated for its performance arise.

Measuring distance

6. The measuring of distance, for the purpose of security legislation, is a straight line along a horizontal plane, if there is no other implied intent.

Application of the definitions

7. A word or phrase defined in security legislation and used in other security legislation deriving from it will have the same meaning as in the defining legislation, as long as nothing in the substance or context of the matter contradicts or is inconsistent with this meaning.

Chapter B – Priority and Application

The priority of security legislation

8. (A) Security legislation takes precedence over any law, even if it does not explicitly cancel it.

(B) Security legislation issued by the commander of IDF forces in the region takes precedence over security legislation issued by a military commander or any other authority operating on behalf of the commander of IDF forces in the region, even if it does not explicitly cancel it.

(C) The directives of this order are intended to supplement the directives of any security legislation or any law and not to detract from them, subject to subsections (A) and (B).

(D) The powers in this order are intended to supplement the powers of the commander of IDF forces in the region, a military commander or any other authority operating on behalf of the commander of IDF forces in the region and not to detract from them, subject to subsections (A) and (B)

(E) Security legislation will not be interpreted as detracting from the rights, powers, authorities and immunities of the commander of IDF forces in the region that derive from the IDF’s rule in the region, unless stipulated otherwise.

(F) The imposition of an obligation in security legislation does not give exemption from an obligation required by law or by other security legislation, unless stipulated otherwise in security legislation and subject to Subsection (B).

(G) The granting of a license according to security legislation in regard to a prohibition, restriction or control does not give an exemption from obtaining a license according to law or other security legislation that so require, unless stipulated otherwise in security legislation and subject to Subsection (B).

Jurisdiction of security legislation

9. Security legislation issued by the commander of IDF forces in the region will be in effect in the entire region, unless stipulated otherwise.

Chapter C – Cancellations

Authority to revise or cancel

10. The power to issue security legislation will be interpreted as including the authority to cancel it, revise it or temporarily suspend it.

Cancellation of security legislation that cancels [previous legislation]

11. In the case of cancellation of security legislation which itself canceled a law or [previous] security legislation, the latest cancellation does not reinstate the law or security legislation previously canceled, unless wording is added that reinstates them.

Cancellation and its replacement

12. In the case of security legislation that cancels a law or security legislation and stipulates other directives instead, the cancelled law or security legislation will remain in force until the directives that replace them enter effect; this when no other intent is implied.

Process of cancellation

13. (A) In the case of security legislation that canceled a law or security legislation, if the same directive was legislated again, with or without amendments, any place in a law or in other security legislation that cites the canceled directive will be interpreted as citing the re-legislated directive; this when no other intent is implied.

(B) In the case of security legislation that cancels a law or security legislation, the cancellation does not have the power to –

(1) Affect a previous application of the cancelled law or security legislation, or what was properly done or caused in accordance with them;

(2) Affect a right or privilege acquired or derived from the cancelled law or security legislation or a commitment, liability or responsibility that apply according to them;

(3) Affect an expected penalty, forfeiture or punishment for the violation of the canceled law or security legislation;

(4) Affect an investigation, legal proceeding or legal relief regarding a right, privilege, commitment, liability, responsibility, penalty, forfeiture or punishment; and it is permissible to initiate an investigation, or proceeding or relief or to continue them, or execute them, and to impose the penalty, forfeiture or punishment as if the security legislation that canceled had not been issued; and all when no other intent is implied.

Chapter D – Authorities

Appointing, authorizing, assigning a duty by citing a name or citing the name of the position or job

14. (A) The appointment, authorization or assignment of a duty pertaining to security legislation or by power of it can be performed whether by citing a name or by citing the name of a position or job.

(B) Where security legislation refers to someone in a position or job by citing the name of his position or job, this is intended to include a person who fills this position or job at the time, in full or in part, as well as a person who was appointed to replace the holder of this position or job.

(C) An authority that is granted in security legislation or by its power to a holder of a position or job by virtue of the fact that he holds this position or job, or a duty assigned in this way, will authorize or obligate the person holding the position or job at that time, or the person appointed to act in his place; this when no other intent is implied.

A person authorized to appoint is authorized to suspend and transfer

15. The authority authorized according to security legislation of by its power to make an appointment will be authorized to transfer or suspend from his position or job, and to reappoint or reinstate to his position or job, any person appointed to this position or job.

Use of authority or fulfillment of duty

16. In regard to an authority granted in or by power of security legislation, or a duty in or by power of it – the authority can be used and reused and the duty should be filled and filled again from time to time as the circumstances require; this when no other intent is implied.

Granting authorities to the commander of IDF forces in the region

17. (A) Where security legislation refers to a military commander or another authority operating on behalf of the commander of IDF forces in the region, the following directives will apply:

(1) The commander of IDF forces in the region is entitled to use any power or fill any role cited in it;

(2) Any action on the part of the commander of IDF forces in the region, while exercising such authority or role, takes precedence over a previous action of a military commander or of another authority as stated, even if it did not cancel it explicitly.

(B) The use of authority or filling of a role under Subsection (A) will not be interpreted as denying, in general, the authority or role of those who held these, unless the commander of IDF forces in the region explicitly so ordered.

Delegating authorities

18. (A) Where security legislation refers to an authority or role of the commander of IDF forces in the region, the commander of IDF forces in the region will be entitled:

(1) To delegate in writing to another person some of his powers or roles, except for the power to issue proclamations and orders that apply to the entire region;

(2) To authorize in writing any authority operating on his behalf to delegate some of his powers to another person.

(B) The delegation of powers or authorization under Subsection (A) will not detract from the powers or roles of the delegator.

The meaning of granting authority

19. (A) A person authorized by security legislation to execute something or to enforce its implementation also has all of the necessary powers, within reason, to enable him to execute or enforce the implementation.

(B) The stipulations in sections 20, 21 and 22 are not intended to detract from the generality of Subsection A.

Defining conditions

20. The authority to issue security legislation will be interpreted as including the authority to define or add conditions, to cancel them, revise them or suspend them.

Authority to display

21. A soldier, in carrying out his role, is entitled – in order to maintain essential services – to display a notice, or cause it to be displayed, in any place, including in an aircraft, vehicle or seacraft.

Entry and use of force

22. A person authorized by security legislation or any other person acting in accordance with its directives is entitled to enter, at any time, any place including an aircraft, vehicle or seacraft, and to use for this purpose and for exercising the authority, reasonable force to the extent required according to the circumstances, against a person, real estate or personal belongings.

Chapter E – Various directives

The power of the majority

23. (A) Anything whose implementation is assigned according to or by power of security legislation to a number of people, more than two – is considered properly implemented if performed by most of them; this when there is no other explicit directive.

(B) The stipulation in Subsection A does not diminish from any person’s obligation, liability or responsibility according to or by power of security legislation.

The meaning of citations

24. Every place in a law or in security legislation that cites a law or security legislation or part, chapter, note, title, section or other piece of any law or security legislation – the intention is the corrected version as in force in the region at the time; this when no other intent is implied.

The commencement of validity

25. This order comes into effect on September 27, 1967.

The name

26. This order will be called the “Order Regarding Interpretation (The West Bank Region) (No. 130), 1967.

 

September 27, 1967

Shlomo Lahat, Colonel

Deputy GOC Central Command and

Commander of IDF Forces in the West Bank Region


Order No. 160

Order Regarding Interpretation (Additional Directives) (No. 1)

By the powers vested in me as commander of IDF forces in the region, I hereby order the following:

Definitions

1. In this order:

“The Official Gazette” – as defined in the Interpretations Order, 1945 Regulation 3 of the Defence (Emergency) Regulations, 1945.

“Hidden law” – Any legislative act ostensibly enacted regarding the region during the period November 29, 1947 through May 15, 1948 and not published in the Official Gazette, despite it being a legislative act publication of which in the Official Gazette was required or customary prior to that period.

Hidden law

2. (A) In order to dispel any doubt, it is hereby stipulated that a hidden law has no, and never had any, legal validity.

The name

3. This order will be called “Order Regarding Interpretation (Additional Directives) (No. 1) (The West Bank Region) (No. 160), 1967.”

 

November 5, 1967

Uzi Narkis, Major General

GOC Central Command and

Commander of IDF Forces in the West Bank Region


Order No. 161

Order Regarding Interpretation (Additional Directives) (No. 2)

By the powers vested in me as commander of IDF forces in the region, I hereby order the following:

Definition

1. In this order:

“The Official Gazette” – as defined in law.

Publication

2. Any provision of law referring to publication in the Official Gazette, whether optional or mandatory, and to customary publication, will be interpreted as sufficiently publicized, according to the commander of IDF forces in the region, when brought to the attention of the relevant parties.

Effect

3. This order will come into effect as of November 5, 1967.

The Name

4. This order will be called “Order Regarding Interpretation (Additional Directives) (No. 2) (West Bank Region) (No. 161), 1967.”

 

November 5, 1967

Uzi Narkis, Major General

GOC Central Command and

Commander of IDF Forces in the West Bank Region


Order No. 187

Order Regarding Interpretation (Additional Directives) (No. 3)

By the powers vested in me as commander of IDF forces in the region, I hereby order the following:

Interpretation of Term

1. The term “Judea and Samaria region” will be identical in meaning to the term “West Bank region”for all purposes, including all law or security legislation.

The Name

2. This order will be called “Order Regarding Interpretation (Additional Directives) (No. 3) (West Bank Region) (No. 187), 1967.”

 

December 17, 1967

Uzi Narkis, Major General

GOC Central Command and

Commander of IDF Forces in the West Bank Region

 

Order No. 224

Order Regarding Interpretation (Additional Directives) (No. 5)

By the powers vested in me as commander of the region, I hereby order the following:

Definition

1. In this order:

“Emergency legislation” – as defined in Regulation 3 of the Defence (Emergency) Regulations, 1945.

Ways of Repealing Emergency Legislation

2. (A) In order to dispel any doubt, it is hereby stipulated that emergency regulation is not

implicitly repealed by subsequent legislation that is not emergency legislation.

(B) Emergency legislation is only repealed by legislation explicitly providing that it is repealed and citing it by name.

Validity of Emergency Legislation

3. Emergency legislation that was in force in the region after May 14, 1948 will continue to remain in force from the determining date and henceforth, as if legislated as security legislation, unless explicitly repealed and cited by name as stipulated in section 2 (B), before or after the determining date.

The Name

4. This order will be called “Order Regarding Interpretation (Additional Directives) (No. 5) (Judea and Samaria) (No. 224), 1968.”

 

February 20, 1968

Rafael Vardi, Colonel

Commander of the Judea and Samaria Region


Order No. 274

Order Regarding Interpretation (Amendment No. 3)

By virtue of my authority as the commander of the area, I hereby order:

Amendment to Section 1

1. In, Section 1, Paragraph (11), of the Order Regarding Interpretation (Judea & Samaria) (No. 130), 1967, the phrase, "Whether the place belongs to that person or whether  occupied by him," shall be replaced by; "Whether the place belongs to that person or whether he has occupied it, and whether it does not belong to him or is not occupied by him."

Validity

2. This Order shall go into effect on its signing date.

Title

3. This Order shall be entitled, "Order Regarding Interpretation (Judea & Samaria) (Amendment No. 3) (Order No. 274 – 1968."

12 August 1968)

 

Brigadier General Raphael Vardi

Judea & Samaria

Regional Commander

 

Order No. 319

(Amendment No. 3)

By virtue of my authority as Commander of the Region, I hereby order the following:

Replacing Section 18

1. Section 18 of the Order Regarding Interpretation (Judea & Samaria) (Order No. 130), 1967 (hereinafter; the "Main Order") shall be replaced by;

Delegation of Authority

18. (A) When security legislation refers to authority or the role of the IDF Commander in the region, the Commander shall be entitled to delegate some of his authority or powers to another person, whether verbally or in writing. The Commander, however, may not delegate the authority to issue proclamations and orders that apply to the entire region.

(B) The IDF Commander in the Region is entitled to give written authorization to any authority operating on his behalf, as well as to any person to whom he has delegated the powers of the IDF Commander in the region, in accordance with Subsection (A) Delegating this Authority to another person."

Start of Validation

2. This Order shall go into effect on the same day as the Main Order goes into effect.

Title

This Order shall be entitled the Order Regarding Interpretation (Judea & Samaria) (Amendment No. 3), (Order No. 319), 1969

 

Brigadier General Raphael Vardi

Judea & Samaria

Regional Commander

 

Order No. 359

Order Regarding Interpretation (Amendment No. 4)

By virtue of my authority as the Commander of the Region, I hereby order the following:

Addition to Section 9A

1. Section 9 in the Order Regarding Interpretation (Judea & Samaria) (No. 130) – 1967, shall be followed by:

"Validation

9A. Notwithstanding the provisions of any law, no action, or document in any legal proceeding shall be invalidated by a judicial or administrative decision based on the grounds that the action was performed in Hebrew, or the document was written in Hebrew."

Start of Validity

2. The Order shall go into effect on 25 December 1969.

Title

3. This order shall be entitled, "Order Regarding Interpretation (Amendment No. 4) (Judea & Samaria) (No.359) – 1969."

 

15 December 1969

Brigadier General Raphael Vardi

Judea & Samaria

Regional Commander

 

Order No. 946

Order Regarding Interpretation (Additional Directives) (No. 6)

By the powers vested in me as commander of the region, I hereby declare:

Change of Title

1. Wherever “commander of the region” is mentioned in security legislation it will read: “commander of IDF forces in the region.”

Effect of the Amendment

2. In order to remove any doubt, all the powers of government, legislation, appointment and administration that were vested in the commander of the region are hereby vested in the commander of IDF forces in the region.

Cancellation

3. The Order Regarding Interpretation (Additional Directives) (No. 4) (Judea and Samaria) (No. 188), 1967 – is void.

Commencement

4. This order comes into effect as of the day of its signing.

The Name

5. This order will be called the “Order Regarding Interpretation

(Additional Directives) (No. 6) (Judea and Samaria) (No. 946), 1981

 

Ori Or, Major General                                                          November 6, 1981

Commander of IDF Forces

in the Judea and Samaria Region

Published: Booklet 51, p. 54


Order No. 1348

Order Regarding Interpretation (Amendment No. 5)

By virtue of my authority as commander of IDF forces in the area, I hereby order the following:

Amendment

to Article 1 

1.

In Article 1 of the Order Regarding Interpretation (Judea and Samaria) (No. 130) 1967, the definition of the term "Fiscal Year" shall be replaced by:

 

"Fiscal Year" – The period from January 1 of any given year until December 31 of the same year; this definition shall also apply to the law. Notwithstanding the opening of this section, this definition also applies to the law."

Transitional Order for 1991

 

Despite what is stated in the present order, the Fiscal Year for 1991 shall extend from 1 April 1991 to 31 December 1991.

Effective date

2.

This amendment shall go into effect on its date of signing.

Title

3.

This order shall be entitled: "The Order Regarding Interpretations (Amendment No. 5) (Judea and Samaria) (No. 1348), 1991

7 July 1991

General Danny Yatom

IDF Commander in Judea & Samaria

 

Order No. 1420

Order Regarding Interpretation (Amendment No. 6) 

By virtue of my authority as commander of IDF forces in the area, I hereby order the following:

Amendment

to Section 1 

1.

In Section 1of the Order Regarding Interpretation (Judea and Samaria) (No. 130) 1967

(A) Subsection (2) shall be followed by:

(2A) "The Jericho Area" as noted in Map No. 2 attached to the Gaza Strip and Jericho Area Agreement.

(B) Subsection (10A) shall be followed by:

(10B) "Agreement on Preparatory Transfer of Power and Responsibilities" – The agreement on an initial transfer of powers and responsibilities signed between the Government of Israel and the PLO on 20 August 1994, including its appendices and the complementary agreement signed on 9, October 1994.

(10C) "Agreement on the Gaza Strip and the Jericho Area" – the agreement on the Gaza Strip and the Jericho area signed between the Government of Israel and the PLO in Cairo on 4 May 1994, including its appendices, the attached maps and the accompanying correspondence.

(10D) "The Palestinian Authority" – The Palestinian Authority established pursuant to the agreement on the Gaza Strip and the Jericho area.

Effective date

2.

This amendment shall go into effect on 29 August 1994.

Title

3.

This order shall be entitled: " Order Regarding Interpretation (Amendment No. 6) (Judea and Samaria) (No. 1420) 1994

11 December 1994

General Ilan Biran

IDF Commander in Judea & Samaria

 

Order No. 1433

Order Regarding Interpretation (Amendment No. 7)

By virtue of my authority as commander of the Israel Defense Forces in the area, I hereby order the following:

Amendment to Section 1

1.  In Section 1 of the Order Regarding Interpretation  (Judea and Samaria) (No.130) – 1967 –

(A) Subsection (A2) is cancelled  and replaced by:

(A2) "Area A" as defined in Section XI of the Interim Agreement.

(B2) "Area B" - as defined in Section XI of the Interim Agreement.

(C2) "Area C" - as defined in Section XI of the Interim Agreement.

(B) Subsection (9) will be followed by:

(A9) "Military sites as defined in the Interim Agreement."

(C) Subsections (B10) to (D10) will be replaced by:

(B10) "The Settlements" – as defined in Section XII of the  Interim Agreement

(C10) "The Palestinian National Council" – The Palestinian National Council as defined in section XII  of the Interim Agreement and until its establishment - the Palestinian Authority as defined in this Agreement.

(D10) "The Interim Israeli-Palestinian Agreement" in the matter of the West Bank and the Gaza Strip, signed in Washington between the State of Israel and the PLO on Wednesday, 28 September 1995, including its appendices, the accompanying maps, and also any agreement or other arrangements relating to this Agreement stemming from this agreement, or which were made for its implementation.

(D) Subsection (33) will be followed by:

(33A) The "Council's Area" – those territories in the area that are added from time to time to the Palestinian Council's  territorial authority in accordance with the Interim Agreement.

Effective Date

2. This order will go into effect on its date of signing.

This Order shall be entitled: Order Regarding Interpretation (Amendment No. 7)

Title

3. Judea and Samaria) (No.1433), 1996

4 January 1996   
General Ilan Biran,
Israel  Defense Forces Commander in Judea and Samaria

 

Order No. 1631

Order Regarding Interpretation (Amendment No. 9)

By virtue of my authority as commander of the Israel Defense Forces in the area, I hereby order the following:

Amendment to Section 1

 

1.

In Section 1 of Interpretation Order (Judea and Samaria) (No. 130), hereinafter: ("The Order")

(A) Section (7) shall be replaced by:

(7) "In writing" – Including any acceptable manner of displaying letters, numbers or symbols in a way visually understood."

(B) The following shall come after Section 12:

(12A) "Peremptory," with respect to verdicts or other court, decisions, etc., that can no longer be appealed, objected to, or challenged."

(C) In Section (22), at the end of subsection (EE) will come, "except for separable entities."

(D) The following shall be inserted after Section (22):

"(22A) "Fixed" - Fixed by law or in Security Legislation in which this expression is found, or in regulations issued according to them."

(E) The following shall be inserted after Section (28):

"(28A) "Collection of Proclamations" – according to its definition in the Order Regarding Proclamation Files for (Judea and Samaria) (No. 111) – 1967."

(F) Section (32) shall be replaced by:

"(32) "Local Authority" - Municipality, Local Council, Regional Council, Local Committee, or Association of Local Authorities, established  by virtue of the  law or of security legislation

(G) The following shall be inserted after Section  (39):

"(40) "Regulation" - Directive given pursuant to the law or by legal effect security legislation."

Addition of Sections 3A & 3B

2.

The following shall follow Section (3):

" Until…"  3A.     The expression "until ..." Regarding time or citation – is inclusive.

 

 

"According to"            3B The expression "according to" with respect to any law or security legislation, etc., also implies according to regulations made by virtue of corresponding law or security legislation.

Amendment to Section 4

3.

The following shall be inserted after paragraph 1:

(1A) When a fixed period of several weeks from any day has been determined, that day itself shall not be included.

(1B) A period fixed for a number of months or years after any event shall end in the last month of that period, on the same date as the date of the event. If that date is missing from the month, then the period shall end on the last day of the month.

Addition of Sections 9B to 9D

4.

The following passages shall be inserted after Section 9B of the Order:

 

 

"Start"   9B. (A) The security legislation shall go into effect at one minute after midnight of the day it begins.

(B) A Security regulation that does not take effect when  enacted, and it grants authority to enact legislation or make appointments or do anything else required for enacting security legislation, then that same authority

may be used – if no other intention is implied -- any time after the security legislation has been enacted, if deemed necessary or required to facilitate taking of effect of the security regulation on the day so determined. However, any regulation and any appointment, and any other matter accomplished by virtue of this authority shall not be valid until the day the security legislation actually goes into effect, unless another intent is implied in the security legislation, or if the regulation, appointment, or other matter is required to activate the security legislation.

 

The Law and

Security Legislation

are Common Knowledge

9C. All published Laws or Security Legislation are common knowledge that do not require proof if no other directive is implied.

 

Addition of Section 15A

5.

"Authority to appoint a body

The following passages shall be inserted after Section 15 of the Order:

15A. Authority to appoint a body consisting of a number of members –          implies the authority to appoint a chairman and replacements                for all its members."

Additional Sections 16A and 16B

6. "Authority to grant exemptions

"Authority over appeals and objections

The following passages shall be inserted after Section 16 of the Order:

 

16A. Authority to grant exemption, relief, reduction, etc. – implies the authority to grant the above even partially or conditionally

16B. Authority to discuss and decide on an appeal or other objection to a decision made by an Authority – implies authority to approve the decision with or without changes, to cancel the decision, replace it with another, or to return the matter to the deciding authority with reason."

Amendment to Section 19 of the Order

7.

(A) Subsection A shall be followed by:

"(1A)   Authorization to take action, to discuss a matter or to make a decision in their regard – implies authorization to determine working procedures and the order of discussions, inasmuch as these have not been determined by the Security Legislation."

(B) In subsection (B), subsection (A) shall be replaced by subsections (A) and (1A).

Addition of Section 22A

8. "Preserving authority and duties"

Section 22 of the Order shall be followed by:

22A Granting authority or imposing a duty in accordance with one security legislation,  does not in itself derogate from the power granted or duty imposed by any other law or other security legislation. 

Addition to Section 24A

9.

"Deviation on a form

24A A slight deviation on a form determined by a security legislation – that does not make an essential difference or is not misleading, does not invalidate the action taken according to the form. "

Indirect amendments

10.

Collections of Proclamations proof

(A) Section 2C of the Order regarding the Collection of Proclamations (Judea and Samaria) (No. 111)shall be followed by:

2D The presumption is that a subject published in the Collection of Proclamations, is correct.

(B) In the Order Regarding Preserving Cleanliness (Judea and Samaria) (No.1160) – 1986 –

(1) The definition of the "Authorized Authority" in Section 1 shall be followed by: Local Authority,

excluding Local Committee or Village Council.

(2)        Subsection (E) in Section 7 is canceled.

Beginning

11.

This order shall go into effect on its date of signing.

Title

12.

This Order shall be entitled "Order Regarding Interpretation (No. 9) (Judea and Samaria) No. 1631) – 2009."

16 February 2009

General Gadi Shamni

IDF Commander in Judea and Samaria

 
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