Land Valuers Law - 1962

I. LAND VALUERS LAW. 5722-1962* In this Law "court" includes any tribunal or arbitrator and any committee or other authority competent to take evidence in matters of. land; "land valuation" includes the assessment of the income of land; "land valuer" means a person registered in the register main tained under section 5 of this Law. 2. (a) The Minister of Justice shall establish a Valuers' Council (hereinafter referred to as "the Council"), the members of which shall be (1) five representatives of the Government, appointed by it, one of whom shall be appointed by the Minister of Justice to be the chairman of the Council ; (2) four land valuers appointed by the Minister of Justice upon the recommendation of the organisation representing the greatest number of land valuers: Provided that the land valuers first appointed to be members of the Council shall be appointed upon the recommendation of the Association of Qualified Land Valuers in Israel. (b) The composition and address of the Council shall be pub lished in Reshumot. (c) The term of office of the members of the Council appointed under subsection (a) (2) shall be three years. A member of the Coun cil whose term of office has expired may be reappointed. (d) The Council may act even if the number of its members has decreased, so long as it is not less than seven. 3. The seat of the Council shall be in Jerusalem. • Passed by the Knesset on the 7th Nisan, 5722 (11th April, 1'Jo2) and published in Sefer Ha-Chukkim No. 369 of the 14th Nisan. 5722 (18th April, 1962), p. 72 ; the Bill and an Explanatory Note wer~ published in Hatza'ot Chok No. 347 of 5718, p. 264. Definitions. Valuers' Council. Seat of Council. Rules of procedure of Council. Land Valuers· Register. Who maybe registered in the Register. Registration fee. Fees to finance activities of Council. Taking evidence in matters of land valuation. 4. (a) A majority of the members of the Council shall be a quorum at its meetings. (b) The Council shall prescribe the rules for its procedure and work in so far as they are not prescribed by regulations. 5. The Minister of Justice, or a person empowered by him in that behalf, shall maintain a Land Valuers' Register (hereinafter re ferred to as "the Register"). 6. The following may be registered in the Register: (l) a person who was authorised to practise the profession of land valuer under the Land Valuers Ordinance, 1947 1) (herein after referred to as "the Ordinance"). (2) a person who (a) has completed his twenty-third year; and (b) has had a secondary education; and (c) has passed the examinations held on behalf of the Coun cil, in accordance with a syllabus prescribed by the Council by rules, or, if the Council has exempted him, on conditions prescribed by rules, from part of the examinations, those examinations from which he has not been exempted; and (d) has done qualifying service in land valuation for such period and under such conditions as have been been prescrib ed by regulations. 7. A fee shall be paid for registration in the Register: Provided that a person who, on the day on which he applies· for registration in the Register, holds a valid licence to practise the profession of valuer, under the Ordinance shall not have to pay a fee. 8. The Council may, with the approval of the Minister of Justice, require land valuers to pay fees for financing the activities of the Council. 9. A court shall not accept a land valuation save from a land valuer or from a public servant who has carried out the land valua tion in the discharge of his duties: Provided that a court may accept a land valuation from another person if it is satisfied that he does not habitually make valuations. No remuneration 10. A person who, without being registered in the Register, performs for uf. of un- an act which falls within the province of a land valuer shall not be qua ied person. entitled to claim a remuneration for such act. 1 ) P.G. of 1947, Suppl. I, No. 1604, p. 233 (English Edition) ; Kovetz. Ha Takkanot No. 71 of 5710, p. 550. 11. A land valuer shall not practise land valuation on the basis of Partnership. sharing income or profits with a person who is not a land valuer. 12. The Minister of Justice may, after consultation with the Council. determine by regulatiom what constitutes conduct derogatory to the profession. 13. (a) The Council may, itself or through any of its members appointed by it in that behalf, investigate any instance brought to ifs knowledge. or which has come to the knowledge of the chairman, of a land valuer being charged with contravening section 11 or a regula tion made under section 12 or with an act or omission constituting conduct derogatory to the profession. (b) After an investigation as aforesaid, or where a land valuer has been convicted by a court of an offence involving ignominy, and after the land valuer has been given an opportunity to defend himself or to give explanations concerning the offence of which he has been convicted, the Council may, if it sees fit so to do in the interests of protecting the public or the good name of the profession, decide that the land valuer is guilty of conduct derogatory to the profession and punish him by one the following: (i) a warning; (2) a reprimand; (3) suspension from practising his profession for a period. not exceeding three years, determined by it; (4) striking off his name from the register. Conduct derogatory to the profession. Investigation of conduct of land valuer. 14. (a) Where the Council has decided that a land valuer is guilty of Appeal conduct derogatory to the profession. whether or not it has imposed on him one of the penalties mentioned in section 13, the land valuer shall be entitled to appeal against the decision. (b) The State Attorney shall be entitled to appeal against a deci sion given by the CounciJ. under section 13. 15. (a) An appeal under section 14 shall be to the Supreme Court Court hearing and shall be filed within thirty days from the day on which the deci- appeal sion is brought to the knowledge of the land valuer to whom it relates. (b) The decision of the Council shall not be carried out or pub lished within the time during which it may be appealed and, if an appeal has been filed, so long as the appeal is pending. 16. The Council shall, in such form and manner as it thinks fit, Publication. publish any decision under section 13(b) (3) or 13(b) (4), and it may publish a decision under section 13(b) (1) or 13(b) (2) and a decision not involving the imposition of a penalty, either with or without in Jnve stigation of military matter. Restoration of registration in Register. Acts by un qualified persons. Repeal. Transitional provision. Implementation and regulations. dicating the name of the land valuer; where the Council has decided to acquit a land valuer. the decision shall be published only if he so requests. 17. (a) Where it appears to the Council that an instance of conduct derogatory to the profession should be investigated in connection with an act done by a land valuer in the discharge of his duties in or on behalf of the Defence Army of Israel, the investigation shall be carried out by a committee the composition of which has been approved in advance by the Minister of Defence. (b) Where the Minister of Defence or a person empowered by him in that behalf has certified, by certificate under his hand, that some particular information which has reached such a committee as re ferred to in subsection (a) is a defence secret, that information shall be kept secret in accordance with the tenor of the certificate. (c) In respect of ar, investigation to which this section applies, the powers of the Council under sections 13 and 16 shall vest in the committee only. 18. Where the name of a land valuer has been struck off the Re gister, the Minister of Justice may, upon the recommendation of the Council, restore his name to the register if not less than five years have passed since the day of the striking-off. 19. (a} A perrnn shall not practise land valuation as a paid service to the public, and a person shall not hold himself out to be a land valuer, or use any title or designation likely to create the impression that he is a land valuer, unless he is registered in the Register. (b) A person who contravenes any of the provisions of this section shall be liable to a fine of 5,000 pounds. 20. The Land Valuers Ordinance, 1947, is hereby repealed. 21 A person who immediately before the coming into force of this Law held a valid licence to practise :he profession of a land valuer under the Ordinance may act as a land valuer until the end of the year in which this Law is published even if he has not been registered in the Register. 22. The Minister of Justice is charged with the implementation of this Law and may make regulations as to any matter relating to such implementation, including regulations prescribing or exempting from fees. YITZCHAK BEN-ZVI President of the State DAVID BEN-GURION Prime Minister Dov JOSEPH Minister of Justice