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قوانين إثيوبيا

Government Ownership of Urban Lands and Extra Houses Proclamation No. 47/1975

صدر في 1975-07-26 · النص بتاريخ 2026-10-01

القانون العام والإرشادات الرسمية منشورة بوصفها أبحاثاً. ليست مشورة قانونية أو ضريبية أو مالية.

البحث نفسه مكتوب بالإنجليزية. العناوين والوسوم مترجمة؛ أما النتائج والاقتباسات فغير مترجمة.

عن هذا القانون

اللغة
English
النوع
قانون
المنظمة
African Union (AU)
الدولة
إثيوبيا
الموضوعات
Land and soil
الكلمات المفتاحية
land tenure, urban land, public land, institution, governance

أين تقرؤه

    لا يوجد رابط مصدر مسجل لهذا القانون.

النص

نص القانون نفسه، مادةً مادة، كما هو محفوظ. لكل مادة رابطها.

  1. l'IHX.'l.AMATION No. 47 OF 1975 I\ PRlX:LAMATION TO PROVIDE FOR GOVERNMENT l)WNERSIHP OF URBAN LANDS ANU EXTRA URBAN HOUSES "ETHIOl'IA TlKDEM" WllEl<EI\S, the standard of living, righ1s, honour and sta tus ot workers and toiling masses working in factories, in d,1slrics and other fields of activity are ,ktcrmincd by the extent 10 which rhe u, ban areas in which ll1cy h\C afford opportunities nf work anJ shelter; WIIEREAS, c"tcnsivc area,; of urban land and numerous lmu,cs urc in the hands of an insignificant numb<r uf feudal lords, ;trishx:rub, high {iovl':rnment officials and capltatist:.;, who, by a!lusing their pulilicul auil economic puwcr, have created artifi cial shortages in the supply of urban land, thereby inflating its value and ohstruc1ing the improvement of urban areas and of the <1uulity of lite of urban dwellers in their effort to perpetuate 1110',y,icm of exploitation; W II ER EAS, the wu,cnlralion of urban houses suitable huth for dwelling and business purposes in the hands of a few individual, has not only enabled such people to carry on their <Aploitariou of the many through house rent but has also lt:d them tu pla,e themselves above the law and to evade their duty tn p.,y taxes for a long time; WIIEIU:AS, the urban-Jwelling workers and other toiling ma,,cs, forced to languish for a long time under the yoke of ,ubjugalion and oppression and u;ed as 1nere instruments for the furtherance of the comfort und luxury of the ruling class, can regain their rights as EU1iopians, that is, their economic, polilical ,mJ sucrnl rights which ,huuld have been made equally availa ble to them by their country but which w.ire denied Uiem for a long time, only when all the oppornmities afforded by the urban center in which they live are open lo them on the basis of equa Negarit Ga,cta -··- No. 41 - 26th July, 1975 - Page 201 WHEREAS, the absence of control on rent of houses and the consequent soaring up of rents has rcndcrc.<l the lives of the ma.sses o! urban dwellers miserable; WHEREAS, it is necessary to survey and plan our cities with the need for dwelling and working purposes of the majo rity of city dwellers as the prime factor; WHEREAS, until now, only that cla.ss of people who could produce as security their ownership title of urban land or house benefited from the facilities afforded by hanks and insurance companies which the broad urban dwellers were denied, and it is now necessary to nrnkc such credit facilities available to such broad ma.,:;;sc<;; WHEREAS, it is necessary to lighten the burden of paying high house rents of the broad urban dwelling masses, provide them with the necessary crc,lit facilities, and make available to them urban lands for the cnnstruction of both dwelling and business houses, thereby improving their standard of Jiving and crnating for them the conditions to fruitfully work in confidence for their country. thcir.C-1milic'.- nnd themselvc<;; WHEREAS, it is neces~ary to huihl out urhan areas on the basis of careful pbnning and study in order to utilize our resources in an economical m;innrr~ to improve th~ condition" of citic.-;. to protect urb;1n dwellc-.rs from diseases and prevent 111cgal acitivitics now prcviknt in 11rhan are:t<;; WHEREAS, it is necessary to do away with the ine.xhans tihlc court cases involving urban lands and houses thereby saving vrlluahle financial and human 1csources from \\·astage; WHEREAS, it is necessary to provide help to those people in urban areas who cannot afford to have shelters of their own; WHEREAS, in ordrr to bridge the wide gap in the stan dard of living o! urban dwellers by appropriate allocation of disproportionately-held wealth and income as well as the inequit able provision of services am,mg urban dwellers and to elimi nate the exploitation of the many by the few, it is necessary to bring under Government ownership and control urban lands and extra 11rhan house~; NOW, TIIEREF!JRE, in accordance with Article 6 of the Dclillition of Powers of the Provisional Milit,lfy Administration C.onncil a.nd its Chairman Proclamation No. 2/1974, it is here by prr.c;;lai,m.•d ns follows: I. Short Titlr CHAPTER JNTRODUCTWN This Proclamation may he cited as the "(",ovcrnment Ownership of Urban Lands and Extra Houses Prodamati.;n No. 47/1975". 2 Definitions In this Proclam,t.inn, unless the context otherwise requires: 1 / "11rba11 lnnds" shall mean all lands within the boun daries of a municipality or a tcwn; 2/ "urban house·• shall mean any house whether fully constructed or under construction intended for dwel ling or bIL~iness oc other purposes. 3/ "extra house' 'sh:i.11 mean an urban house whether rented or med or, otherwise owned, other than: a) a single house required or occupied a, a dwel ling place by a person or family; b) houses required or occupied by an organization as dwelling places for its employees or persons under its responsibility; c) hous"s required for running the business of a person, family or an organization. 4 1 "dwelling house" shall mean an urban house u,cu for dwelling by a person or family or the emplyees of an organization or persons under its responsibility. 5 / "business house" shall mean an urban hoUiC or space used for running the business of a person or family or an organization. 6 / "lessor" shall mean a person who or a family or an organization which rents out an urban land or house. 7 / "lesse"" shall mean a person ·who or a family or an organization which pays rent for the use of an urban land or house. 8/ "co-dweller" shall mean a person who or a taruily a;ch dwells with a lessor or lessee in the same dwel ling house and pays rent to the lessor or lessee. 9 I "tenant" shall mean a person who or a family or an organization which pays rent gives any other consi deration for the use of urban land, for a limited or unlimited time, irrespe.:tive of the use to which such land is put. 10/ "rent" shall mean !he money or other consideration paid to a lessor for the use of an urban land or house. 11 / "holding in anticbresis" shall mean an w-ban land or house held by the knder or other person agreed to in the contract as se..:urity for a debt. 12/ "use-right" shall mean the right to per sonal use, but in respect of urban land, shall not include the right to transfer it by will, donation, mortgage or sale. 13/ "organization'.' shall meau any organization or asso dution provided for in the Commercial Code or Civil Code and shall include the body referr~-d to in Art. 398 of the latter. I 4/ "cv-opcrative society of urban dwellers" shall mean a co-operative society to be established under Chap ter V of this Proclamation. 15,/ "Minister' 'shall mean !he Minister of Public Works and Housing. lo/ "Ministry" shall mean tl1e Ministry of Public Works anJ Housing. 17 ; "dispute involving urban land and home" shall mean a dispute over the ownership, succession, possession, lea.se or use of urban house and shall include dispnt.,, <iwr the possession of urban land. C'HAPTER II URBAN LANDS Goi-emmell/ Uw11ership of Urban l,a11ds I/ As of the effcdive date of this Proclamation, all urbar, lands shall he the property of the Government. 2/ No person, family or organi,ation shall hold urban land in private ownership. ~/ No comp~nsatfnn shall be raid in respect of urbah lands. 4. Pmhibitio11 <'f Trmrsfrr "' llrban Land l / No nrhan land may be transferred by sale, antichresh, mortgage, succession or otherwise. 2/ Any transfer of urban land by donation, succe.ssion, lease, sale or otherwise made as of Tahsas 11, I 967 slrnll he null and void. 5. Size of Tloldi1111 1/ Any person nr family may. in accnnlance with direc• tivrs issued hy the Ministry, he granted the possession of urban land uptn 500 square meters for the purpose of building a dwelling house. Upon the death or th~ holder the wife or hmhand or children shall have the right to 11,~ the land. 2/ Where "" organirntion applies to the r-.-linistry to he ,;,,ranted nrhan lanrl for hui!ding a dwelling or business hou,e the Ministry may, on being satisfied of the need. grant such land in si7,•s to be determined by it. 1/ The Ministry shall determine the size of urhan !nnd held before the effective date of tbis Prodamation by a person, family or an organization for the purpose of building dwelling house., for his or its employees or for hnildi11g business houses. 6. 1 lr/,an '.i(',r,mt's lloidi11g l / ·r he relationship between landowners nnd tenants on nrhan land is hcr~hy at,olished. The tt,nant shall he free from payment lo thto landowner of rent, deht or nny other ohligation. 2/ Snhjcct t" Article 4 (2) and within the limit of thn size mcntionctJ in Article 5 (I), the tenant ~hall have pos.ses,ory riRht over fhe la.n<l he holds, 7. Grrmting of RiRh/r "f P<>sse.,sion or Pril'rily I/ S,,hjrct to Article 4 {2) and wilhin the limit of the ,;,,, n•eYJtinned in Article 5 (I} ~ny person who or hmily wbkh does oot own R dwdlfog hous,;:: shall have J"'><r.S~f'rY right oVP-r the Jnod whkh he or ii hold1 ~!Pre the effective date d thi~ Proclamatfon. 2/ Subject to Article 4 (2) and within the limit of the size mentioned in Article 5 ( I ) , any person who or family which has paid in full oc in l'llt1 before the effective date of this Proclamation the purchase price of an urban land but does not own a dwelling houso shall have priority over· the possession of such land. 3/ Subject to Articles 4 (2) and 5 (2), an organization which owns urban land before the effective date of this Proclamation shall have possessory right over such land. Whe,o such organization has paid in full or in part the purchase price of urban land, it shall have priority over the possession of such land. 8. Power of Taking and Expropriation l/ Whore a person, family or an organization fails to· ulili,ce his or its urban land within the period to be specified by the Ministry, the Ministry may take back such land and put it to appropriate use. 2/ The Ministry shall, by giving compensation in kind, , ,propriate for public purpo,,.e urban laod held by a person, family or an organization. 9. Ud""' I.and Rent Any per,on wh,> or famil;, vr organization which bolds urban land s'1all pay rent to be fixed by the Government. lO. Ownership of Trees in Urban Areas frees on urbun land• other than those un lands within the limit of the s1:.:e mentioned Ullder Article 5 shall bo Government property. CHAPTER Ill URBAN HOUSES 11 . Vwellini; um! JJusines.1 Houses I/ Any pernm or family may own only a single dwelling house in any urban area of his choice. 2/ Any organization may own houses for the purpose of housing its employees or persons under its responsibi lity. the number and size of which shall be determined bv the Government. '.\/ Any p,.:rso11, family or organizatiuu may own business houses the number and ,i,c of which shall be determl uoo by the Governmc111 taking into account the .condition and type of business. 4/ Any person, family or organizatioo shall pay taxes on his or il~ dwelling or business houses at tale$ to bo determined hy the Government: 12. Transfer of Urban ilouses l / Any per;on, family or Nganization may use his or its own house or transfer such house by succession, salo l'I ~.lrtcr. Jfnwevtr, in ~asc of sale the Government ,hall haw right nf pre-emption. 2/ No right in ownership of urban houses acquired a• of Tahsas 11, 1967 shall be effective unless validate by the Ministry. In validating such right the Ministry shall ascertain that the acquisition does not contradict the purposes of this Proclamation. 13 . Government Ownership of Extra Houses l / • Subject to Article 11 ( I ) , ( 2) and ( 3), all extra houses within the boundaries of a municipality or town shall, on the effective date of this Proclamation, be Govern ment property. 2/ A~y person who or family or organization which owns an extra house shall have the obligation to notify, register with and hand over to the Ministry such extra house within 30 days from the effective date of this Proclamation. 14. Ho11se.v Taken from the Government I/ Urban houses which belonged to the Government or which were enemy property or hou.ses hµilt with funds raised hy the public or obtained from the Government and were donated, sold at depressed prices or trans ferred to a person, family or an organization under ,imibr circumstances shall, on the effective date of this Proclamation, he Government property. The fore going provision shall also apply to said houses which have since heen transferred to third parties. 2/ Where the house mentioned in the above sub-article has been transferre<l to another and wbe.(e the pur chase price paid for it is unreasonably low compared to the ac.tual price, the Minister may permit the trans ferree having no extrn house to retain the ownership of such house upon payment of the difference. 3/ Where the h"use mentioncu Jn si,1.~ article ( I) of this Article has been transkrre<l to another and where the purchase price paid for the house is roughly equal t<> the actual p1ice, the Minister may permit the tram ferree having no extn1 house to retain the house. 4 / Where a person who had acquired a house h<'longing lo the Government by donation ur by paying a depres sed price and has sold such house and the house is not 1.1kc11 hy the Gnvernment under ~ub-artiqles (2) and ( 3) of this Article, such per~on sh;II pay to the Mini slry an amount eq11al to the price he obtained from the transm.~\l in. 15. llo{(',1's Owned hv ~1inors Any urban hou~c which' a min.or living with hi~ parent; guardia11 or tutor has leased out or which is capable of being lllased shall be Governm~nt property. llowe\'CT, where the patent does not own an urban house, the minor may cxerdse the right given under Article 11 ( 1). 6. Right to RefJOSse;s Own House I/ Where a person. has his own urban house but resides qnder any arrangement in an urban house that of an other, such person may repossess his house. Likewise, a person who owns more than one urba11 house may repossess the house of his choice. However, where the Mmistry ascertains that the house is necessary for busi(1ess purposes or that the house is capable of accommodating more than one family, this sub-article shall have no upp]icati0n and such h,m,c shall be (iovernment property. 2 / Any person who ha~ onr: or more hu-,ine~s house, hdd in' antichrcsi~ hy anolhcr may, when: he has no other bu~iness house. rcpusscs~ the hous.c of his choice upnn produt..;.ing ..i li1.:..:nct.:. hn- the busin..:!>~ he wishes tn lmdcnak~- Howl·vcr, where the Minbtry a-.l·ertains 1hal ~uch hou~e cannot he u~e<l a':, a business hom,i:. this sub-article shall have no applicatio11 anti such house shall be Government property. 3 / . y person or family shall have the right to evict his or its co-dweller by giving the notice mentioned in sub-article ( 4) of this Article. Any person who decides to exercise his right under sub-article ( l) nr (2) of this Article shall give 6 months' notice 11, the person occupying the house. 5/ Subject to Article (20) (4) and Artide 21 (2), (3), and (4), the le»ee sh:,11 continue to pay rent to the Government or to the i.!o-operatlve society of urban dwellers pendmg the hnmling over of the !muse 6/ Where a person or family leaves for business purposes the tu baa urea of hi, or its habitual residence an,! if such person or family has a dwelling house of liis or its owll in such urban area, the Ministry or the w ,,pcrative society of urban dwellers ·,hall, where the person or family so requests, provide such person or family with a comparuble dwelling house <>r commen surate housing allowance. The Ministry, shall take over the, administration of the dwelling house of said person or family and upon the· return of the person or family to the place of his or its habitual residence hand it over to its owner. Houses Held in ,411/ichresis 1/ Upon the effoctive date of this Proclamation, all con tracts of anrichresis involving urban houses ure hereby abolished. 2/ Where the knder in u contract of antichn:sis has, by the use to which he had put the bo115e or by the rent which he has re,eived, obtained an amount equivalent to or more than the amount of the !nan, the borrower ,hall be free from his debt. 31 Where the lender in .i contract of untichresis involving an urban dwelling or business house which is rever tihk lo the owner or is liable to be Government pro perty uudcr sub-article ( l) or (2) nf Article 16 has not \Jbt~1incd fri>m -.m;h house an 11nwunl or !:iCrvicc n1uivaknt to or mor1.' than th~ amount of the l1)au, .u,.:-h lcmkr !-.hall b-: ..:ntiti\.~;J to daitn the diff..:rcn~ fr,,m the borrower. R. I'a}'ment of Compe11satio11 for Extra Houses I I The Government shall pay• fair compensation in res pect of houses transferred to Government ownership under this Proclamation. 2/ Where advance rent for the period after Nehasie I, 1967 has been paid before the effective date c,f this Proclamation, the amount of snch rent shall be substracted from the compensation payable under sub article ( I ) of thi.s Article. 3/ No compensation or damage shall be due in respect of housM transferred to Government ownership under Article 14 (I). 19. Expropriatim, of llm«es The Government may, by paying compensation, e"propriate for public purpc,se an urhan house held by any person, family or organization. 20. lfomr Rrm CHAPTER IV RENT l ' No person. family or organization except the Ministry or r-o operate societies 0{ urh~n dwellers mny. as of the effective date of this Proclamtion, ohtain income from urban land or house rent. 2/ The relationship between lessor and lrssce is hereby abolished as of the effective date of this Proclamation. However, the lessee lessor relationship shall con tinue with the Ministry or with the co-operative so ciety of urhan dwellers in accordance wit!, snb-article ( 5) of this Article. 3/ Where " contract of lease made before ,he effe,:tive date of this Proclamation expires hefore Tahsas 22, 1968, the Ministry or the co-operative society of ur ban dwellers may renegotiate the lease with the lessee. 4/ Until a rent control regulation is issued the rent of urbWJ. dwelling, and bnsioess houses not e,ceeding $ 300 shall as of Nchusie J, 1967, he reduced by the following percentages: ") monthly rent of upto $ 25 ......... 50% b) monthly rent of above $ 2:'I hut nor exceeding $ 50 ..... c) nrnnthly rc·nt of above $ 50 nnt not exceeding $ 100 , , ... d) monthly 1cnt of above$ IOO hnt not rxccr,ding $ I ~O ... c) month!)' re.11t nf ~hove $ J 5!) .40% nut not ex~rcdit1~ $ 200 . . . . . . .... 20~;. mnnlhlv n.'11( nf ah(lvc $ ~00 hut m,i c.~ceedin~ $ 100 .......... , 15 % I) 5 / Tl,,, rent and \hr, adminislrntion of mb,m dwelling ~nd l,w,iecss house~ which under sul- 0 r!ide ( ,i) of !hi$ Artkk rent ;it the 1n•c of: ") opto $ IOO per month slwli he the rrsponsibility of co.pcr.ttivc ~ockhcs of 11rhim t1wP1fe1s. b) above $ 100 per month shall be the rc•ponsihility ol the Ministry. 6/ The r<:,nts ci>lkcted by co-operative ~ocieties of urban dwellers shall be utili,ed for purposes benefidal to the dwellers. 7 / The rents colle.::ted by the Minu.t.ry . shall be utilized for the improvement of the lives of all urban dwellers and of urban areas. 21. Orgunizatiom and Families under Special Consideration I/ The Govurunoot shall, where it considers it necessary, Provide budsets to religious, educational or health or similar organizations whose urban house has been transferred to the Government. 2/ Where the Ministry ascerta.ins that a person or family has no income other than the rent he or it used to col lect from his or its extra house which has been tra.ns fem:<l lo the Government under this Prnclamation, the Ministry or the co-perativc society of urban dwel l,,, shall, until the person or family earns income \iy working, pay such person or family an amollllt uplo Two Hundred aud Fifty (250) Dollars per month. 3 Where the Ministry ascertai,1s tl,at a minor or his parent has no income <>thcr than the rent which lhe minor usc,l to co!l.:ct from his exlra house which has hcen transferred to the Govcroment under tlii~ l'rnda. matiou, the Mh1i:;try or !ta. co-oµerative ;.ociety of urban dwt:llcrs slnill, uutil the minor attaitL, majority or earns income by working, pay such person au ,uuount uplo 'fwu Humlred and Fifty (250) Dollars per mouth. 4/ Where the Mh1istry <1scertains ihat the mout1i.ly net income frnm work, pension and from other sources of a person or family whose extra house has been tran{urnd to the Government under this P,roclama tion does not eJ<ceed Two Hundred (200) Dollars the Ministry or the co-operative society of urban dwellers shall pay him ,,r it an amount up lo One Hwulrcd ( 100) Dollars per mun th. 5/ Payments under sub-articles (l), {2), l3) and (4) of tliis Article shall I,,, made by the Miuistry and the co-upcrativc society of urban ;lwcllcrs from the rent which is cullcctcd under their respective responsibili ties, The payment to which a pers.-,n, family O!' an organization is entitled under this A rticle shall not exceed tht! amount vf income from reut. 6/ Payment, made undct· thb Article shall b<C deducted from the compensation to be paid by the Govemmer,t for, e~lra h"uscs taken hy ii. The total of p:.ymcnts made under this Artide nHty not CAceed the muouut or tompcn;iation. 7 / Where adv,rnce rwt has been <:oUectc,t l>dorc thc d fcctiv,. d:,tc <>f this l'r,>.:lamation, such rent shull li,; tl~du~tctl from Htl~ om11,.1unt pnyublc uuder sub-axtk!\·,l. (!), (2), (.~) am! (4) of this Article. CHAPTER V CO-OPERATIVE SOCIETIES OF URBAN DWELl,ERS !2. EstabUshment o/ Co-operative Societies of Urban Dwellers There shall be established a co-operative society or urban dwellers in each unit of urban area as determined by the Ministry. D. Afem/,enhip "' Co-operatfre Society of Ur/,a,1 Dweller., Any urban dweller may hecomc a member of a co-opera tive society of urban dwellers. However, a person who was a lc,sor bcforr thr effective date of this Prodamation may not hav,, the right for the first one year period to elect or ficials of the co-operative society nf urhan dwellers and to he a member of the judicial trihunal, executive committee or puhlic welfare committee of the -society. 24 F1111ctio11.1 of Co-operati,·e Societie, of Urha11 Dwellers The functions of a co-operative society of urban dwellers shall he the following: I/ to follow and execute land u,e and building directives to he issued by the Ministry; , / establish a iucficial trihunal composed of three mem bers; 3 / to set up. with the co-operation of the Government. educational, health, market. road and similar services necessary for the area: 4/ lo collect urhan land and house rent amounting upto $ I 00 per month per house or per piece of land using the receipt form issued by the Ministry and to under take thr admini,tralion and repairs of such houses; 'i / 10 deposit the rents it collect with a Peoples' Housing and Savings Bank in an account opened by the Minis try; "; t,, preserve, by establishing a public welfare commit tee, all public and Government property within the area and in particular to ensure, with the co-operation of Government authorities, the protection of the wel fare and lives of the people in the area; 7 / to expend, in accordance with directives issued by the Ministry, the rents it collects and the subsidy it obtains from the Gov~.rnment for the building of economical houses and the improvement of U1c quality of life of mhan dwellers in the area; R/ to draw up its internal regulations consistent with the requirements of this Proclamation, which shall he ef fective upon the approval of the Minister. 25, EstahliJ/1111m1 of lligher Co-nperatii-e Societies of Ur/,an Dweller.< I, There shall be established, depending on the size and population of thl' urban area, ~ hi~hcr co~operative society of urhan dwellers. 2/ The functions of a higher co-operative society ol ur ban dwellers shall be: a) to co-ordi11ate lhe functions of co-operative socie ties of urban dwellers mentioned in Article 24, 0), (3), (4), (5), (6), (7) and (8); b) to assist the Ministry in changing the boundaries of areas so lhat co-operalive socielies ol urban dwellers within the jurisdiction of the highcc co operative society have as far as possible equal holdings; c) to co-operate with and assist the Ministty in pro cessing applications submitltd to the Ministry by any person who or family or organization whii::ll has no urban land and seeks to obtain such 1 for dwelling or busine5s purposes; d) establish a higher judicial tribunal composed ol. three 111embers. 26. Establishment of Central Co-operative Socielie! of Urban Dwellers I/ fhere shall be established, depending on the size and population of the urban aiea, a central co-peratiw: society of urban dwellers which shall be composed of dcle!;\ate, of higher co-operative societies of urban dwellers. 2/ The functions of central co-operative societies of urban dwellers sh.ill be: a) to co-ordinate the functions of highi,r co-opera tive societies of urban dwellers; and b) to establish a central judicial tribunal compascd of thre.: members. 2 7 . Judicial Tribunals I/ The judicial tribw1al to be established und« Articl.c 24 (2) shull, a) have first instance jurisdiction to hear and decide disputes involving urban land or house arising between urban dwellers. b) not have jurisdiction to hear criminal cases 1111d disputes arising between the co-operatiw, societ)' and urban dwellers. 2/ The higher judicial tribunal to be established under Article 25 (2) (d) shall: a) hear and decide on appeals from judicial lribu nals and such decision shall be final. b) have first instance jurisdiction to hear and decide disputes invoiving urban land Of house arising between co-operative societie5 of urban dwellers, and hctween co-operative societies of urban dwel lers and urban dwellers. , c) not have jurisdiction to hear criminal cases. 3 / The central judicial· tribunal to be establishl'd under Article 26 (2) (b) shall: a) hear and decide on appeals from decisions of a higher ju~icial tribunal in its first instance juris diction and such appellate decision shall be tinal. h) have first instance jurisdiction to hear and decide disputes involving urhan land or hOU,'!e arisine between higher co-operative societies of urban dwellers, provided that such decision shall be appealable to the Minister whose decision shall be final. c) not have jurisdiction to hear criminal case.,. 4,' ln urban areas which do not have higher and central co-operative societies of urban dwellers, persons and organizations appointed by the Minister shall act as higher and central judicial trib1inals until su£h time as they arc replaced hy such tribunals. 28. l'ro<·edure nf .fudicia/ Trilnma/, I/ Judiciai tribunals established under this ProclaJtiation <hall follow the rules of procedure issued by the Minister. 2 ' The decision of a judicial tribunal shall be efffctivc fifteen days after the date of decision unless barred ,,n appeal. 3 / / appeal from a decision or order of a judicial tribu nal ,hall be made within fifteen days of the elate or deci'.>ion. 4, I he decision nr order of a judicial tribunal shall be executed by the executive committee of the corres ponding ,,o-opcrntivc society. Where the executive committee is unable 10 execute the judicial decision or ,,nter. the judicial tribunal shall execute said deci ... ton or onlcr hy directly ordering the Police. ~9. t ·onfrmpt of Jwliciaf Trihunal Where a pcrs,m. in lhc course of ,, judicial trihunaJ pro ceeding. in,ulis. threatens, holds up to ridicule or in any manner disturhs the tribunal. the tribunal may summarily punish such person with imprisonmcll\ uptn JO days or fine 11pto lwn Hundred Fifty ( 2SO) Dollar,;, 30. l 1/m, 1·irt.1· Dt:f'i.,i111u of Jwlicw/ Fr,f,,mals Nn pc.•rson who ha" cxhnustcd his light of appeal at the judkial tribunals may lodge an appeal to the ordinary c·ourts of law. llowewr, where the Minister ascertains from an applicMion submitted to him tbat the judicial tri~ bunal's decision is 11/tm ,·ires, the Minister ,hall review the case und decide it under this Proclamation. The decision of the Minister shall not he suhject to appeal CHAPTER VI l'UWFRS ANn DUTIES OF Tl/£ MINISTRY 11 , h11pft'me1umio11 <)I this i'nu:lamarion 'I l1c Ministry ~hall have the power to implcmcnt to pro vi-.inn~ of thi.; ProC'lam;dion. 32. Establishment of CtJ-Operative Sociedu of Urhali Dwellers I/ The Ministry shall, in c:o-operation wilh the Ministry of Interior and o~ cooccrned Public Authoritiet, establish at all levcls co-operative aoclctica of urban dwellers under conditions which facilitate urban deve lopment and conform with the need$ of urban dwellers. 2/ The Minister shall, at least at the level of higher co operative society of urban dwellers, designate one Jll'fSOn who shall advise and otherwise assist co-o~r ati ve societies of urban dwellers. 33. Publicizing of the Pr<>c/amarii:m I/ The Minbter shall notify and explalu lo the public the provisions and purposes of this Proclamation through the mMs media. 2 / In particular, the Minister sball notify the public of the termination of the relatiowmip between lCNOr and lessee and of the contract of antlchrcaia, and of the continuation of the lessee - lessor rclatioruihip with the Ministry or the co-operalivc society of urban dwel lers and shall explain the conditions under which sw:h ueieties shall be established. 3/ The person designated by the Minisu:r shall help in the establilhmcnt of co-operative •OCicties of. urban dwellers by calling assemblies of urban dweller,. aud explaining the purposes and intentions of this Procla mation. 34. Temporary Power of the Mi11i,:rv tu Pres/Je ov~r lr«lir:1111 Tribu11als I/ The persons designated by the l\.Unliitry aball preaidc over the judicial tribunab until such time u the judi cial tribunals are well ocganizod and fully opentiooaL However, no such ~rson who hM ~ e\'l:IC a case heard at a lower judicial tribunal m.ty do lite same al a highcc level. 2/ The said pei-.ons swill establish the offiCCll uf judicial tribw1als and ~ball assist in orgauwng the rc.:ords of the offices. 35. E.,tablishme/11 of Registers and Delimitation of Urban Boundaries 1/ The Millistry shall establish at all l.:vcls regiilters &how• ing the list,of urban dwellers, number and ~ndition of houses. 2/ The Minister shall have the power to widen, narrow and demarcate urban bo1111daries i.o. co-operation with the Minister of ln1erior and other cooocmed Public Authorities. 36. Improving thil l.ives of Urban Dweller, I/ The Minister shall, in co-operation with the MmiilGt of Finance, Pllllllling Commission, National Danit and other concerned l'ublic Authoritic:a, uaiat arbitn dwd• lers to procur,;, loans for the purpo,,c d. buililill& ..,r buying thcu own dwelling hou&cd.. 2/ Tl,e re111:1 collected by thi: Mioillu·y .sball, iu ao:.cor dam:e with co,:iprehc.uai~ urban &v~ pl&lls 11.11d directive:,; ili.sucd by tbc Go~tm<IU:l,ll. be uctiwd fot pl'Ovidh•g sa'Vicea to urban dwdt<:u. 3/ The Ministry shall ensure that the rents collcctc<l hy a co-operative society are utili1ed for providing ser vices to the urhan dwellers in accordance with com prehensive urban development plans and directives issued by the Government. 4/ ·n,e Ministry shall he responsible for the overall administration of urhan lands and urhan houses hclonging to the Government 5/ The.'!',1inistry shall. by issuing urhan development plans and building economical houses, provide essential services to urbnn dwellers. f,. The Ministry shall, in c-0-operation with the MinLstry of Interior and w-operativc societies of urban dwel lers. provide landless urban dwellers with urhan land fnr building <!welling houses. 7/ ·1 he Ministry shall issue standards relating lo urhan hn11<.('~ :md {'nforcc the same. R ., Th~ Minister or the person or nrpni1ation delegated hy him shall fix the rents of houses not renfc,! at the effective dale 0f this Prnclamation. n Right.< of /nqrdr v The person designated by the Ministry shall have the right to inquire into amt ohtain contract documents and other information from Government office,s, private. commercial and co-operative organization" nnd pn~onc:. CHAPTER VII (iFNP:RAl. PROVISIONS 38. Jmidiml l'ermnnlil)' of Co-opl'ratire S,,cinie., Each co-operative socie.ty of urban dwellers <:stablishecl at any level under this Proclamation ,hall have its own juridi cal persunality. ::l9, Jmiwlirtintt t,f Ordinary Court.,· Pf lA1W f)isputcs unclcr Article 17 O) and disputes involving urban hrnP,e<; ix·ndinp m .. ,rdinary «ourt~ of law nn. the effective <late hcr~of shell l'C heard in snch courts. 40. l'rnlrihilio11 of Court Action All cases involving urhan land pending in the ordinary courts 0[ 1,,w •m the effective date hereof are herchy mmu1kd 2/ Nn sui• may be hronght challenging the Jr.gality of ,my .ictlon taken p11rsnnn.t to the provi,;;inn~ of thfa PnX'1:lm;it1on. 41 . Offences Any person who, as of the date of the promulgation of this Proclamation, buins, damages, destroys, tampers with or puts out of use any house or property, or disturbs the peace or obstructs the el(ecution of this Proclamation or attempts to .commit any of these offences and any Government offkial or public servant who misuses or attempts to misuse the authority vested in him under the provisions of this Proclamation shall be punished under the provisions of the Special Penal Code Proclamation No. 8/1974, as amended. 42. Conflkt with Other Laws No law, regulation, practice or procedure, whether written or customary, shall, in so far as it is inconsistent with the provisions of this Proclamation, have force and effect in respect of situations provided for by this Proclamation. 43. Diplomatic Holdings The status of urban lands held and urban houses owned by diplomatic and consular representatives and international organizations shall be determined in the future. 44. Houses tu which this Proclamation fa ,wt Applicable This Proclawaticm shall not apply to urban houses owned by religious organizations which are used for conducting religious services. 45. J'ower to Issue Regulations The Minister may issue regulations to. give effect to the purposes and provisions at this Proclamation. 46 . Effective date This Proclamation shall enter into force as of 7th August, 1975. Done at Addis Ababa, this 26th day of July, 1975. THE PROVISIONAL MILITARY ADMINISTRATIVE COUNC/l.

Government Ownership of Urban Lands and Extra Houses Proclamation No. 47/1975 · Nelum