Resolution No. 333 promulgating Law No. 42 of 1987 concerning the re-organization of agrarian ownership under reclamation projects

LAWS therein. and he shall be partnered by the land owner for compensation in respect thereof 10 the proportion of his actual outlay in accordance with the terms of planting lease contract and local usage. ArUcie 10 department shall. in such a ease. refrain from registering any transitional transaction relating to the lands covered by the provisions of this Law except after obtaining the approval of the said committee. Article 13 Firstly : The land and appropriation committees ahall 88B1UIle the issuing of unified orders for all that is relative to the lands appropriated accordance with the provisions of this Law. including orders for tl88eB8D'ent or compensation in kind or in cash, confinnation of titles to lands whose settlement is still pending, plantation lease rights, release of lands the cultivation of which is abandoned. and determine all claims made to them in this connection. All decisions of such committees are subject to verification and objection 2.S provided for in the Agnuian Reform Law and other relative legislatioDs. Secondly: The Committee may, in urgent cases. issue independent orders for cash com peusation in respect of installations, cultures and plants. Article 11 FinItly : cash compensation under the provisions of this Law shall be payable in respect of any damage attaches to the kmds, plants,IlXed installations and the plants existing outside reclamation (areas) owing to reclamation works. Secondly : The committees specified in Article (10) shall assume the issuing of com pensation orders referred to in Parag raph (Firstly) of this Article. Firstly : The area giftn in replacement shall be recorded in the category of the area replaced. Secondly: The area of the le.nd being appropri ated in accordance with the provisions of this law which was not compensated, shall be regi8tered in the name of the Ministry of Finance. as a property to the State for the purposes of Agrarian Reform. Thirdly : Registration shall be carried out in accordance with the terms of this Article without fees. ArtieJe 14 The real and apr"'ld~nt rig}' ... encum'lering the lands being compeDBt..·.-.:-.dh aeer rding' to the provisions of this Law, shan. ..... .ransferred to cash compensation. If they are not existed or tnsufficient, then they shall be transferred to the lands being compensated with. Article 15 It is not permissible to separate or partition the agricultural unit eepeeified in accordance with the drawings of the project neither consen sually nor judicially. Article 16 The Ministry of Agriculture shall bear the expenses of reclamation and shall recover the same in accordance with the provitIiOD& of Law No. 79 of 1985 as emended.· Article 12 ArUde 11 The Land and Appropriation Committee The following legislations are herebyabrog ehal1 notify the competent real estate registra- &ted: ~ department of its commencement of work in 1- Law No. 152 of 1973 Regulating Ownership IUlplemenb>t'.on of the provisions of this Law. This in Agricultural ProjeetB. The Official Gazette N') ( 46 ) 1 18.11.1987 LAWS RESOLU'DON No. (333) In the Name of the People, Tbe Revolutionary Command Cowlcil. In accordance with the provisions of Para graph (a) of Article (42) of the Constitution, The Revolutionary Command Council have decided in their session held on May 16, 1987 to promulgate the following Law : lAW 1\0. (4%) OF 1987 . REORGANIZATION OF AGRARIAN pRO.JECfS Article 1 This lAw e.imB to reorganize the ownership In agricultural land projects reclaimed with a view to being utilized in accordance with the mod ern scientific techniques either by partial reclam ation thereof, by altering their mode of irrigation and introducing canals and drainages or by total scientific reclamation. Artiele % Firstly : The provisions of this Law shall be applied to any project or part thereof in respect of which the Minister of Agriculture in coordination with the Ministry of Inigation issues a procla mation bringing such a project or part thereof under these provisions. Sec:ondly : '!be lands falling under the provisions of thJs proclamation shall be specified, whatsoever their classification, inclu ding agrarian reform lands already distributed and contracted for. Thirdly : The said proclamation shall be published twiee in a daily newspaper in Baghdad and announced on the Iraqi Broadcasting Station and displayed at the centre of the Administrative Unit where the project is located. Artk.le S The Ministry of Agriculture shall take up ownership re-organization arnmgements for the agricultural covered by the project when the implementing authority shall commence recla mation works. Lands already owned by individuals or con veyed to them by absolute freehold title in their favour or under waqf (mortmain) and covered by the provisions of this Law, shall be deemed to have been appropriated by the date of first publication of the proclamation in the daily news paper. Orchards, where the requirements of gardening are provided according to Agrarian Reform Law, shall be excepted, unless such (an exception) sbe1l be contrary to the projects drawings. Firstly: The Implemen~ ~.A1ority shall, at the beginning of the execution of recla mation WOJ'k«, warn the parties concerned not to cultivating or planting the land or putting up any new instal latiOlUl there;n. Secondly : The Implementing Authority may permit the owners of lands being appro priated and the farmers therein to carry on with the utilimtion of the land where execution of reclamation worlm shall not be obstructed, Thiniiy : The Project Implementing Authority may, in the lands which are under reclamation and tentative plantation along with the Authority in charge to administer the project in the land reclaimed, be entitled to destory any plants or cultures and uproot any instal latiOng being created there contrary to ~ Official Gazette No. ( 46 ) 2 18.11.1987 LAWS the scheduled project's drawings and cultivation cycles after notification, provided that the competent officer shall prepare a minute thereon. The owner thereof shall not be entitled to have any compensation therefor. Firstly : The owner of the land taken over in the project or the title owner with the right of disposal or the waqf (mortmain) authority shall be compensated by a number of agricultural units as specified in the projects, draw:n~ equal to the area of his land. less an area proper tioDal to the area teing taken by irrigation, drainage and road networks and other reclamation installations according to project drawings as to total area of the project, provided that the compensation shall observe the retuming of landlords to their very lands being taken over unless such (returning) was Imposc.b'c due to the drawings of the project. Secondly: (a) - If the area of the land approp riated is less than the area of an agricultural unit in the prcject and ita owner is engaged in agriculturol work, he shall be compensated in accordance with the provisions of Paragraph (Finstly) of this Article, and the area of the agricultural unit shall be made up for him by way of lease. Should it not be possible to compensate him by an agricultural unit, he shall be comp ensated in cash for the land approp riated from by paying him an amount equal to its value as an unreclaimed land on the date of taking it over according to this law. (b) Jointly owned portions sball be comp ensated to each partner in the land by separate agricultural units equal thereto in area in accordance with this Article. (c) If the land owner is left with a residual area of land lese than the area of an agricultural unit. the value thereof shall be reimbursed in eash assessed in accor dance with the rules laid down in Sub paragraph (a) of this Article . (d) If the owner of the land compensated for had eny plants, cultures or fixed installations he shall be compensated for in cash. (e) If the land given in compensation con tained any plants, cultures or fixed installations, the person receiving com pensation shall bear their value and this shaU be added to the eosts of rechlmation. Artide '% Finstly : All distribution orders and lease con tracts to peasants and full tim' farmers and other lessees of the It ".dB inelu"'.ed under the pros., .:~8 (If ch:' u ..", are hereby superseded. Secondly : The provisions of uw No. (79) of 1:>::5 (as 8L1~n~e~) shall be applied to the lands euvel'ed by Paragraph (Firstly) of this Article, and priority of lease shall be accorded to the peasants and full time farmers whose contracts had been abrogated. Artide 8 For the purposes of this Jaw, auessment of compensation shall be made in accordance with the provisions of the Appropriation Law. Article , If the period of plantiDi lease is unexpired at the time of appropriation, the land owner shAll be entitled to eompensation for land in aeeee dance with the provisions of this u", and the planting leaseholder shall be entitled to compens ation for plants and installations he had put up The Official Gazette No. ( 46 ) 3 18.11.1987 LAWS 2- Revolutionary Command Council Resolution No. 742 of 1977. 3- Revolutionary Command Council Resolution No. 1309 of 1980. Courts of Law shall be precluded from hearing cases arising out of the application of the provisions of this Law. Artlde 19 The MjnjstA!r of Agriculture sh&l1, in coord ination with the Ministry of Irrigation, issue the neeessary instructions to cover all matters eoneemed with the implementation of the provieiona of this Law. This Law shall come into force from the date of Ita publication in the Official Gazette. RESOLUTIONS g.Mam Hossaln ~'hainnan of the RMoIutioDary Command Council (Published in the Alwaqai Aliraqiya (Ar. Edit.) No. 3152 of 1.6.1987) STATEMENT OF GROUNDS with a view to do away with duplicity bet ween the provisions of THE LAW FOR REGlJL. ATION OF OWNERSlllP IN AGRARIAN PROJ EX:TS No. 152 of 1973, and the Resolut'on of' Revolution Command Council No. 742 of 1917; and on the light of directions of Mr. President, the Lee.der (MAY THE LORD SAVE HIM) in the susion of the Council of Ministers held on 30th October 1986 as regards the expansion in agrarian production. and the utilization of agra rian lands in large areas, and to prevent the fragmantation of land into small portions, and to restrict legal rules related to unification of ownership in reclaimed lands projects by a unified enac:tment which deals with all cases required by this operatior this law has been enacted. The Official Gazette No. ( 46 ) II 18.11.1981