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TRANSCRIPT
OF CYPRUSREPUBLIC
24 of 1969 52 of 1971 8 of 1973
18 of 1983 44 of 1985
125 of 1986 23 of 1987
32(I) of 1994 22(I) of 1997
112(I) of 2003.
THE CONSOLIDATION AND REALLOCATION
OF AGRICULTURAL LAND
LAWS 1969 TO 2003
(English translation and consolidation)
Office of the Law Commissioner
Nicosia,
January, 2010
ΓΕΝ (Α) – L.99 ISBN 978-
9963-664-27-6
NICOSIA
__________________________________________________________
2
2
PRINTED AT THE PRINTING OFFICE OF THE REPUBLIC OF CYPRUS
Price:
i
CONTENTS
Page
Note for the Reader . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . .
iii
Arrangement of sections . . . . . . . . . . . . . . . . . . . .
. . . . . . .
1
The Consolidation and Reallocation of Agricultural
Land Laws, 1969 to 2003 (Consolidation in English)
………………
5
Note ………………………………………………………………. 51
iii
NOTE FOR THE READER
The publication at hand by the Office of the Law Commissioner is an English
translation and consolidation of the Consolidation and Reallocation of
Agricultural Land Laws 1969 to 2003 (i.e. Laws 24 of 1969, 52 of 1971, 8 of
1973, 18 of 1983, 44 of 1985, 125 of 1986, 23 of 1987, 32(I) of 1994, 22(I)
of 1997, 112(I) of 2003). The Note appearing at the end of the publication is
important and should be borne in mind.
However useful the English translation of the consolidated Laws is in
practice, it does not replace the original texts of the Laws since only the
texts published in the Official Gazette of the Republic are authentic.
The Office of the Law Commissioner shall not be under any liability to any
person or organisation in respect of any loss or damage, including
consequential loss or damage, however caused, which may be incurred or
arises directly or indirectly from reliance on information in this publication.
Copyright © Office of the Law Commissioner, Nicosia 2010
Reproduction authorised without prior application. Reference to the source
will be appreciated.
1
THE CONSOLIDATION AND REALLOCATION
OF AGRICULTURAL LAND LAWS
1969 TO 2003
_______
ARRANGEMENT OF SECTIONS
PART ONE
PRELIMINARY
Section 1. Short title.
2. Interpretation.
PART TWO
LAND CONSOLIDATION DEPARTMENT
3. Land Consolidation Department and functions thereof.
PART THREE
CONSOLIDATION AND REALLOCATION OF AGRICULTURAL LAND,
METHODS OF CONSOLIDATION AND REALLOCATION
4. Consolidation and Reallocation.
LAND CONSOLIDATION AND REALLOCATION BY AGREEMENT
5. Consolidation and Reallocation by agreement. COMPULSORY LAND CONSOLIDATION AND REALLOCATION
BY RESOLUTION OF THE OWNERS
6. Preliminary meeting and provisional committee.
7. List of owners.
8. First meeting of owners.
9. Land Consolidation and Reallocation Resolution and Land
2
Consolidation and Reallocation Association.
10
.
Land Consolidation and Reallocation Committee.
11
.
Election of elected members of the Committee.
12
.
Powers and duties of the Land Consolidation and Reallocation Committee.
13
.
Hierarchical recourse.
14
.
Valuation committee.
15
.
Valuations.
16
.
Valuation plan and lists.
17
.
Powers of the Committee.
18
.
Compensation for possible damages.
19
.
(Repealed).
20
.
Plan of roads, water - courses, channels and development works.
21
.
Land consolidation and reallocation plan.
22
.
Leases and compensation.
23 Encumbrances etc.
3
.
24
.
Representation of absent persons, etc.
25
.
Compulsory acquisition of property.
26
.
Publication of the land consolidation and reallocation plan.
27
.
Demarcation of consolidated and reallocated holdings and
registration thereof.
28
.
Assumption of possession.
29
.
Dealings following making of decision or reaching agreement.
30
.
Compulsory acquisition of property outside the affected area.
31
.
Execution of plan for roads, water - courses, channels and
development works.
32
.
Exemption from the obligation to obtain permits, etc.
33
.
Duration of Land Consolidation and Reallocation Association.
34
.
Apportionment of expenses.
35
.
Financial provisions.
36
.
Power to borrow.
37 Power of the Committee to lend or advance money.
4
.
38
.
Accounts and audit.
LAND CONSOLIDATION AND REALLOCATION
BY ORDER OF THE COUNCIL OF MINISTERS
39
.
Declaration of land consolidation and reallocation area.
PART FOUR
TRANSITIONAL PROVISIONS
40. Assets of the Authority.
41. Pending cases.
42. Employees of the Authority.
PART FIVE
MISCELLANEOUS
43. Prohibition of partitioning of consolidated property and conditions of
possession in undivided shares.
43A
.
Exempted properties.
43B
.
Correction of errors.
44. Delegation of powers.
45. Regulations.
46. Offences.
47. Saving.
48. Remuneration.
FIRST SCHEDULE
SECOND SCHEDULE
6
24 of 19691
52 of 1971
8 of 1973
18 of 1983
44 of 19852
125 of 1986
23 of 1987
32(I) of 1994
22(I) of 1997
112(I) of
2003.
A LAW TO PROVIDE FOR THE CONSOLIDATION
AND REALLOCATION OF AGRICULTURAL LAND
The House of Representatives enacts as follows:
PART ONE
PRELIMINARY
Short title.
1. This Law may be cited as the Consolidation and
Reallocation of Agricultural Land Laws, 1969 to 2003.
Interpretation
. 2. In this Law unless the context otherwise requires−
“affected area” means the area affected or likely to
be affected by a land consolidation and reallocation
measure;
“agriculture” includes horticulture, fruit-growing,
seed production, dairy farming, animal breeding
(including every kind of animal kept for producing food,
fleece−wool, leather or fur or for using same for
cultivation), the use of land for pasture, basket-making,
or as a meadow, orchard or nursery-garden, or the use
of land as forest where such use is ancillary to the
1 Law 24 of 1969, came into force on 30.6.1969. See Note at the end of the text. 2 Law 44 of 1985, came into force on 1.8.1985. See Note at the end of the text.
7
cultivation of land for agricultural purposes and
“agricultural” with its grammatical variations shall be
construed accordingly;
“agricultural holding” means holding cultivated or
used for any agricultural purpose and “agricultural land
ownership” shall be construed accordingly;
“consolidation and reallocation” means consolidation
and reallocation of an agricultural land carried out by
any consolidation and reallocation measure under this
Law; “Court” means the District Court of the district within
the boundaries of which lies the land consolidation and
reallocation area, and where such area is comprised in
the boundaries of more than one district, it means the
District Court designated by the President of the
Supreme Court for the purposes of this Law;
2(d) of
44/85.2 “Department” means the Land Consolidation
Department constituted under section 3;
2 of 52/71. “Director” means the Director of the Department of
Lands and Surveys;
“District Officer” means the District Officer of the district
within the boundaries of which lies the land consolidation
and reallocation area, and where such area is comprised in
the boundaries of more than one district, it means the
District Officer nominated by the Minister of Interior for the
purposes of this Law;
“entitled owner” means any person, who owns,
within a land consolidation and reallocation area, an
agricultural holding of an aggregate value, either 2 Law 44/1985 came into force on 1.8.1985. See Note at the end of the text.
8
registered or recorded in the books of the District Lands
Office, of not less than two hundred cent;
“holding” means immovable property which is used
wholly or partly for agricultural purposes and is owned
by an owner within a land consolidation and reallocation
area and may consist of one or more plots of land or
other property;
“land consolidation and reallocation area” means the
area within which land consolidation and reallocation
measures are carried out or are proposed to be carried
out;
“Land Consolidation and Reallocation Association” (in this
Law referred to as the “Association”) means a Land
Consolidation and Reallocation Association constituted under
the provisions of this Law;
2(a) of 44/85.2
“Land Consolidation and Reallocation Authority”
Repealed; “Land Consolidation and Reallocation Committee”
means a Committee of a Land Consolidation and
Reallocation Association formed under this Law
(hereinafter referred to as “the Committee”);
“land consolidation and reallocation measure”
includes any measure applied to property for the
purpose of improving the conditions of agricultural
utilization−
(a) by the increase in the size of holdings;
(b) by the elimination in appropriate cases of small
holdings, of ownership of property in undivided
shares and of dual ownership of land and trees
9
standing thereon; and
(c) by the consolidation and reallocation of holdings
so as to form for each owner one property or a
small number of properties grouped together, of
an adequate size and regular shape, free of
easements, situated in a place favouring their
economic utilization for agricultural purposes
and suitable for cultivation by modern
agricultural techniques and for the carrying out
and making the best use of works of land
improvement in the area, including irrigation,
drainage and soil conservation works and
improvement of the means of access;
2(d) of
44/85.2 “Minister” means the Minister of Agriculture, Natural
Resources and Environment;
“operator” with its grammatical variations means
any person fully or partly engaged either by himself or
through his agents or servants in any branch of
agriculture within a land consolidation and reallocation
area;
Cap. 224.
3 of 1960
78 of 1965 10 of 1966 75 of 1968 51 of 1971
2 of 1978
16 of 1980 23 of 1982 68 of 1984 82 of 1984 86 of 1985
“owner” with its grammatical variations has the
meaning assigned to it by section 2 of the Immovable
Property (Tenure, Registration and Valuation) Law;
2 Law 44/1985 came into force on 1.8.1985. See Note at the end of the text.
10
189 of 1986 12 of 1987 74 of 1988 117 of 1988 43 of 1990 65 of 1990
30(I) of 1992
90(I) of 1992
6(I) of 1993
58(I) of 1994
40(I) of 1996
31(I) of 1998
144(I) of 1999
123(I) of 2001
57(I) of 2005
5(I) of 2006
55(I) of 2006
136(I) of 2006
120(I) of 2007
121(I) of 2007
150(I) of 2007
165(I) of 2007.
“property” means immovable property as defined in
section 2 of the Immovable Property (Tenure, Registration
and Valuation) Law;
2(c) of 44/85.2
“provisional committee” means a committee
constituted under section 6(2);
“publication” with its grammatical variations means
publication by exhibiting in a public place in the town or
village within the boundaries of which lies the area
which has been or will be subject to consolidation and
reallocation;
2 Law 44/1985 came into force on 1.8.1985. See Note at the end of the text.
11
2 of 22
(I)/97. “Superior” means the Director of the Department;
2(b) of 44/85.2
“valuation committee” means the valuation committee
provided by section 14;
“value” means the value which the property, if sold in
the open market by a willing seller, might be expected to
realise.
3 of 44/85.2
PART TWO
LAND CONSOLIDATION DEPARTMENT
Land Consolidation Department and functions thereof. 4 of 44/85.2
3.−(1) The Council of Ministers shall provide for the
establishment by the Minister of a Land Consolidation
Department and for the structure of the necessary
services thereof, the purpose of which is to provide the
necessary and appropriate services for the better
implementation and carrying into effect of the purposes
of this Law.
(2) Subject to the provisions of this Law, the
Department shall exercise the following functions:
(a) To be responsible for the co-ordination,
administration and execution of measures of land
consolidation and reallocation in accordance with
the agricultural policy of the Government and to
advise the Minister on the policy relating to the
land reform, including land consolidation and
reallocation measures, and all related matters;
(b) to be able to buy, sell, exchange, mortgage
and generally dispose immovable property and
2 Law 44/1985 came into force on 1.8.1985. See Note at the end of the text.
12
to acquire either by compulsory acquisition or
otherwise any holdings for the purposes of any
consolidation and reallocation measure:
Provided that no buying or disposal of
immovable property may be made without the
approval of the Minister;
(c) in the exercise of its functions, to have power to
advance money and make loans for the
achieving of the objects of this Law: Provided that the money paid in advance
and the loans made shall be included in the
Government's Budget;
(d) any other function which becomes necessary
for achieving the objects of this Law.
PART THREE
CONSOLIDATION AND REALLOCATION OF
AGRICULTURAL LAND, METHODS OF
CONSOLIDATION
AND REALLOCATION
Consolidation and Reallocation. 5 of 44/85.2
4. Consolidation and reallocation of agricultural
holdings may be effected by anyone of the following
methods:
(a) voluntarily, by agreement among the owners;
(b) compulsorily, by resolution of the majority of
the owners;
6 of 44/85.2 (c) compulsorily, by an order made by the Council
2 Law 44/1985 came into force on 1.8.1985. See Note at the end of the text.
13
of Ministers.
LAND CONSOLIDATION AND REALLOCATION
BY AGREEMENT
Consolidation and Reallocation by agreement. 5 of 44/85.2 7(a) of 44/85.2
5.−(1) Where two or more owners agree and
undertake to consolidate and reallocate specific
properties belonging to them, such agreement shall be
drawn up in writing and signed by the owners
concerned who by an application in writing to the
Superior shall inform him of the agreement made and
shall enclose the written agreement made.
7(b) of 44/85.2
7(c) of 44/85.2 (2) The Superior shall consider the agreement and if
he is satisfied that it fulfils the objects and provisions of
this Law shall, subject to the provisions of section 31,
approve such agreement with or without alterations as
he deems fit:
Provided that if the land consolidation and
reallocation agreement covers a property charged with
the payment of money or against which any right of
way, privilege, liberty, easement or other right or
benefit registered or recorded in the books of the
District Lands Office exists, the Superior shall not
approve such agreement unless there shall be
submitted to him the consent in writing of the
beneficiary of such charge or of the owner of the
property in whose favour such right of way, privilege,
power, easement or other advantage is enjoyed, as the
case may be.
14
7(d) of 44/85.2 (3) Where the land consolidation and reallocation
agreement has been approved by the Superior in
accordance with the previous subsection (2), the
owners taking part in the land consolidation and
reallocation agreement may apply to the Superior for
the issue of a loan or for the grant of other credit
facilities for the purpose of carrying out the agreed
consolidation and reallocation and he may issue the
loan applied for or grant the credit facilities under such
terms as he may deem fit.
7(e) of 44/85.2 (4) An agreement made in accordance with and
under the provisions of this section shall in no way
operate so as to prevent the formation of an
Agricultural Land Consolidation and Reallocation
Association under the provisions of this Law for the area
in which the plots of land or any part thereof which are
covered by an agricultural land consolidation and
reallocation agreement are situated.
7(e) of 44/85.2
7(f) of 44/85.2 (5) Where an agreement is effected under this
section, the provisions of section 29 shall apply, mutatis
mutandis, to every property covered by the agreement
and to every charge thereon provided that the Superior
shall be substituted for the Chairman of the Committee
referred to in section 29.
COMPULSORY LAND CONSOLIDATION AND
REALLOCATION BY RESOLUTION
OF THE OWNERS
2 Law 44/1985 came into force on 1.8.1985. See Note at the end of the text.
15
Preliminary meeting and provisional committee. 5 of 8/73. 5 of 44/85.2
6.-(1) When it appears to the District Officer that a
number of owners wish to apply land consolidation and
reallocation measures to their properties and it is
desirable that they should do so, he may convene a
preliminary meeting of the owners in the area likely to
be consolidated and reallocated.
8 of 44/85.2
(2) If the majority of the owners present at the
preliminary meeting are in favour of land consolidation
and reallocation measures they shall proceed to elect
three owners who together with the government officers
referred to in subsection (1) of section 10 shall
constitute a committee to be known as the provisional
committee for the area.
List of owners. 6 of 8/73. 5 of 44/85.2 9 of 44/852 3 of 22(I)/97. 9 of 44/85.2 1
7.−(1) The provisional committee shall, as soon as
possible, proceed to define the area to be consolidated
and reallocated and obtain from the District Lands
Office a list containing the names of the owners of the
affected area, the total holding of each owner and the
recorded details for each holding and its aggregate
registered or recorded value as at the date of the
request and shall make the list of owners public and
any person interested may within twenty-one days of
the date of the publication of the list, lodge an objection
with the Director, stating the reasons why any property
shown in the list as belonging to an owner should not
be considered as owned by such owner and also to
show the reasons why his name should be included
therein and upon such objection being made, the
2 Law 44 of 1985, came into force on 1.8.1985. See Note at the end of the text.
16
Director shall as soon as possible investigate the same
and give notice of his decision thereon to the objector
and to all other interested persons and shall, if
amended, republish the list of owners. Any interested
person aggrieved by such decision may appeal to the
Court within twenty-one days of the date of the
communication of such decision to him:
Provided that−
(a) the filing of an appeal to the Court, as
hereinabove provided, shall not prevent the
convening of the first meeting of the entitled
owners or any other action to be taken under
this Law;
(b) where an appeal to the Court has been filed
as hereinabove provided, the list of the
owners shall be amended in accordance with
the judgment of the Court in the proceedings
following the appeal;
(c) it shall be lawful for the payment of
compensation to be made in cash instead of
granting property to any person who will be
recognised by the Court as owner.
(2) The Director shall continuously keep the list of
owners referred to in subsection (1) fully up-to-date in
the light of amendments which may be necessary as in
paragraph (b) of the proviso to the said subsection and
transfers of properties made voluntarily, compulsorily or
following the death of an owner after the compilation of
the list by him.
17
First meeting of owners. 5 of 44/85.2
8.−(1) After the lapse of fifteen days from the
publication of the list as amended by the Director, the
District Officer shall convene the first meeting of the
entitled owners whose names appear on the list.
(2) At the first meeting the entitled owners shall be
called upon to decide for or against any land
consolidation and reallocation measure being applied to
their properties. If it appears to the District Officer that
the majority of the entitled owners of the area affected
are in favour of such a measure, he shall draw up a
statement signed by all the entitled owners who are in
favour of such a course of action.
Land Consolidation and Reallocation Resolution and Land Consolidation and Reallocation Association. 5 of 44/85.2
9.−(1) Where at this first meeting or subsequently
such a statement is signed by the majority of the
entitled owners and where those who have so signed
own properties which in the aggregate account for more
than half of the total registered value of the affected
area, it shall be deemed that a land consolidation and
reallocation decision has been adopted and a Land
Consolidation and Reallocation Association (hereinafter
referred to as “the Association”) has been constituted.
(2) A notification to that effect shall be published
by the District Officer in the Official Gazette of the
Republic.
(3) At the first meeting of the entitled owners or at
any subsequent meeting called to examine the
possibility of the adoption of a land consolidation and
2 Law 44/1985 came into force on 1.8.1985. See Note at the end of the text.
18
reallocation resolution, an entitled owner may be
represented in all respects by an agent but no agent
shall represent more than one-twentieth of the total
number of the entitled owners.
(4) A land consolidation and reallocation
resolution shall be binding for all the owners within the
land consolidation and reallocation area and shall be
irrevocable except after a decision of the Council of
Ministers.
7 of 8/73.
(5) After the adoption of a land consolidation and
reallocation resolution all the owners within the land
consolidation and reallocation area shall become
members of the Land Consolidation and Reallocation
Association.
Land Consolidation and Reallocation. Committee. 8(a) of 8/73. 5 of 44/85.2 10(a) of 44/85.2
10.−(1) All land consolidation and reallocation
measures shall be under the control and supervision of
the Land Consolidation and Reallocation Committee
(hereinafter referred to as “the Committee”) the
Chairman of which shall be the Superior and members
the District Officer, the Director, the Director of the
Department of Agriculture, the Director of the
Department of Water Development and three entitled
owners elected as provided in section 11.
(2) At any meeting of the Committee duly
convened, a quorum shall be deemed to be formed if
the members present constitute the majority of the
2 Law 44/1985 came into force on 1.8.1985. See Note at the end of the text.
19
members of the Committee, provided that the Chairman
is also present:
Provided that if no quorum is formed at such
meeting a subsequent meeting shall be held within a
fortnight with the same agenda and any number of
members present shall form a quorum.
(3) If an elected member of the Committee ceases
to be an entitled owner or if without reasonable cause
to the satisfaction of the Chairman of the Committee
fails to attend three consecutive meetings of the
Committee he shall cease to be a member of the
Committee. 8(b) of 8/73. 10(b) of 44/85.2 4 of 22(I)/97.
(4) If any post of the elected members of the
Committee becomes vacant, this shall be filled by the
candidates who were runners-up during the election
carried out under section 11. If the filling of a post
which becomes vacant by a runner-up is not rendered
possible for any reason, then a further election is held
for this purpose as provided in section 11.
10(c) of 44/85.2
(5) In case the Chairman is ill, absent or is
otherwise prevented from attending, he shall be
replaced by the Director of the Department of
Agriculture, referred to in subsection (1).
2 of 112(I)/2003. (6) The decisions of the Committee shall be taken
by majority of the members present.
Election of elected members of the Committee. 5 of 44/85.2 11 of 44/85.2
11.−(1) After the adoption of a land consolidation and
reallocation resolution, either at the meeting convened
as provided in subsection (1) of section 8 or at a
20
subsequent meeting convened by the District Officer,
the entitled owners shall proceed to elect three of them
to be members of the Land Consolidation and
Reallocation Committee:
3 of 112(I)/2003. Provided that a person designated to act as
agent of an entitled owner or owners may be elected to
be member of the aforesaid Committee.
11 of 44/85.2 (2) Each entitled owner present or represented by
an agent as provided in subsection (3) of section 9 shall
be entitled to one vote.
Powers and duties of the Land Consolidation and Reallocation Committee. 5 of 44/85.2
12.−(1) The Committee shall be responsible for
organizing and administering the affairs of the
Association and generally shall take any action
necessary for the proper carrying out of land
consolidation and reallocation measures in the affected
area provided by this Law. 12(a) of 44/85.2 (2) The Committee shall act as agent of the
Department in all matters affecting the Association and
its members, including the purchase, exchange, sale,
lease, mortgage, development and administration of
any property within the affected area, the granting of
loans to members and the collection of installments for
loans, other amounts due and surcharges from
members.
(3) The Committee shall be responsible for making
all arrangements in order to prepare the lists of entitled
owners and cultivators, compensation, plans of roads,
scenic improvement and plans of all other development
2 Law 44/1985 came into force on 1.8.1985. See Note at the end of the text.
21
works and for any other matter leading to and including
the preparation of the consolidation and reallocation
plan and the execution of such plan and any other
activity provided in this Law.
12(b) of 44/85.2 (4) In all dealings with third persons the Committee
shall act by its Chairman:
Provided that the transactions to make loans, the
execution of works and the acquisition or disposal of
property shall be carried out by the Superior who shall
sign the relevant documents or conventions.
Hierarchical recourse. 13 of 44/852 5(a) of 22(I)/97.
13.−(1) Any person not satisfied by the decision of the
Committee made by virtue of the provisions of sections
20, 26 and 34 of this Law may, within twenty-one days
from the date of the communication to him of the
decision, appeal against such decision by a written
recourse to the Minister, in which the reasons in
support thereof are set out.
(2) The Minister shall consider such recourse
submitted to him without unjustified delay and, after
hearing or affording the opportunity to the complainant
to support the reasons on which the recourse is based
on, shall decide on it and shall communicate his decision
to the complainant without delay.
5(b) of 22(I)/97. (3) The Minister may authorise a committee
constituted by public officers and owners or
representatives of agricultural organizations to hear the
appeal and decide upon it.
(4) Any person not satisfied by the decision of the
22
Minister may appeal to the Court, but until the issuing of
the decision of the Minister in case of filing a recourse to
him or, in case of not filing a recourse to him, until the
expiration of the period of time provided in subsection
(1) for filing a recourse, the decision of the Committee
shall not be executory.
Valuation committee. 9(a) of 8/73. 14 of 44/85.2 15(a) of 44/85.2 6(a) of 22(I)/97.
14.−(1) Any valuation under this Law shall be made
by the valuation committee consisting of three ex-
officio members, that is an officer of the Lands and
Surveys Department nominated by the Director, who
shall be the chairman of the committee, an officer of
the Department nominated by the Superior, or if such
nomination is not possible, an officer of the Department
of Agriculture nominated by the Director of such
Department and an officer of the district administration
nominated by the District Officer and of two elected
members elected by the entitled owners:
4 of 112(I)/2003. Provided that a person designated to act as
agent of an entitled owner or owners may be elected to
be member of the aforesaid valuation committee.
6(b) of 22(I)/97. (2) The election of the elected members of the
valuation committee shall take place at a meeting of the
entitled owners to be called by the District Officer. At
such meeting, and if this is possible, two runners-up
shall also be elected.
Provided that vacancies of elected members shall
be filled in order of priority by the runners-up. If there
are no runners-up or if the runners-up are in any way
2 Law 44/1985 came into force on 1.8.1985. See Note at the end of the text.
23
hindered to take up the post as members of the
committee, then a further election shall be held by the
entitled owners for the filling of the post.
15(b) of 44/85.2 9(b) of 8/73.
(3) If the Chairman is ill, absent or is otherwise
prevented from attending he shall be replaced by the
officer of the Department referred to in subsection (1),
or in his absence by an officer of the Department of
Agriculture.
(4) A member of the committee who without
reasonable excuse fails to attend at three consecutive
meetings of the committee shall cease to be a member
thereof.
6(c) of 22(I)/97. (5) At any meeting of the committee, a quorum shall
be formed when more than half members of the
committee are present, including the Chairman or the
person who replaces him. If no quorum is formed at
any meeting, another meeting of the committee shall be
held with the same agenda.
(6) The decisions of the committee shall be taken by
majority.
Valuations. 14 of 44/85.2
15.−(1) The valuation committee shall carry out the
valuation of any property within the area selected by
the Association at the request of the Committee.
2 of 23/87. 15 of 1962 25 of 1983 148 of 1985 84 of 1988 92(I) of 1992
(2) In carrying out the valuations the valuation
committee shall follow as far as possible and mutatis
mutandis the rules set out in section 10 of the
Compulsory Acquisition of Property Laws, 1962 to 2006,
2 Law 44/1985 came into force on 1.8.1985. See Note at the end of the text.
24
63(I) of 1996 74(I) of 1996 30(I) of 1998 135(I) of 1999 57(I) of 2006.
without taking into consideration the preparation of the
plan of the new roads or the construction of new roads
with the purpose to promote land consolidation
measures by virtue of the provisions of this Law.
7(a) of 22(I)/97. (3) Upon the completion of the valuations, the
valuation committee shall prepare and publish a list
showing the value of each property together with a map
showing the affected area divided into valuation
categories. Any owner interested in any property within
the consolidation area may, within twenty-one days
from the publication of the list, submit a reasoned
objection to the valuation committee. The valuation
committee shall consider all the objections and, after
giving notice of its decisions to the objectors shall
publish the amended list or the amended map, if any.
Any person aggrieved by the decision of the committee
may, within twenty-one days of the notification of the
decision to him, appeal against it to the Court.
7(b) of 22 (I)/97. (4) If subsequently, but before the application of the
provisions of section 26, the Committee is of the
opinion that the value of some properties has been
differentiated, it may ask the valuation committee to
investigate the matter and reconsider their value if the
valuation committee deems such action appropriate. In
such a case the procedure and the principles provided
in this section shall be followed.
Valuation plan and lists. 14 of 44/852 16 of 44/85.2
16.−(1) The Committee shall obtain from the District
Lands Office a plan showing the properties to be
2 Law 44/1985 came into force on 1.8.1985. See Note at the end of the text.
25
consolidated and reallocated and the up-to-date list
referred to in subsection (2) of section 7 showing the
names of the owners and their properties within the
affected area, distinguished by reference to its
particular locality and survey plan, and shall obtain from
the valuation committee the final list showing the value
of each property within the affected area.
8 of 22(I)/97. (2) (Repealed).
Powers of the Committee. 14 of 44/852 17 of 44/85.2
17.−(1) For the purposes of this Law the Chairman of
the Committee or any other person authorised by him
may, by notice, require any owner or any other person
interested in the properties within the affected area to
appear before him on such day, time and place as may
be specified therein and to give such information in
relation thereto as he may possess and produce all the
documents under his control or in his possession in
relation thereto, provided that such information or such
documents are required for the purposes of this Law.
(2) With the object of exercising the powers
conferred upon it the Committee or any person
authorised by it shall have power to enter on, measure,
survey, perambulate or dig pits for soil survey purposes
or value any property and place such land marks
thereon as they may think fit:
Provided that without the consent of the owner or
occupier no such Committee or person authorised by it
26
shall enter−
(a) any dwelling house without a judicial warrant
duly reasoned;
(b) any other building other than a dwelling house,
without previously giving to its occupier eight
days’ notice of his intention to do so.
9 of 22(I)/97. (c) (Repealed).
(3) As soon as it may be convenient after such entry
the Committee shall pay compensation for any damage
thereby caused and in case of dispute as to the amount
to be so paid such amount shall be determined by the
Court.
(4) Any person who refuses or neglects to appear or
to give information or to produce documents as
provided in subsection (1) or who willfully obstructs any
person lawfully performing any duty or exercising any
power under subsection (2) shall be guilty of an offence
and shall be liable to a fine not exceeding eighty five
euros∗.
Compensation for possible damages. 14 of 44/85.2 10 of 22(I)/97.
18. The Committee may, if it deems it appropriate,
pay compensation for damages done to crops or where
such land consolidation and reallocation works impair
the utilization of property in such a way as to cause loss
to its owner. The amount of the compensation shall be
deemed to be part of the costs provided in paragraph
2 Law 44/1985 came into force on 1.8.1985. See Note at the end of the text. ∗ P.I. 312/2007 issued pursuant to section 9(1) of the Adoption of the Euro Law, 2007 (L. 33(I) of 2007, as amended).
27
(b) of subsection (3) of section 35.
11 of 22(I)/97. 19. (Repealed).
Plan of roads, water- courses, channels and development works. 12(a) of 8/73. 14 of 44/852 19(a) of 44/852 3(a) of 23/87. 3(b) of 23/87. 12(a) of 22(I)/97.
20.−(1) The Committee shall proceed to draw up a
plan of new roads, water-courses, channels and other
works, having regard to existing and possible future
needs for access, irrigation, drainage and soil
conservation works carried out or to be carried out
under the legislation in force for the time being and the
overall development of the area.
12(b) of
22(I)/97. (2) The said plan shall also indicate the existing
roads, water-courses, channels and the works
connected therewith.
19(b) of 44/85.2 12(b) of 8/73.
(3) When completed, the plan shall be published in
the prescribed manner so that it may be open to
inspection and objections may be lodged against it to
the Committee within twenty-one days from the date of
such publication.
19(c) of 44/85.2
12(c) of
22(I)/97.
(4) After the expiry of the period of twenty-one days,
the Committee shall consider the objections and shall
proceed to any amendments of the plan which it may
deem necessary and in case of an amendment the plan
is re-published as it has been amended. The decisions
of the Committee on the objections shall be
communicated to all the persons affected by a letter of
the Chairman thereof.
19(d) of 44/85.2 12(d) of 22(I)/97.
(5) If it is subsequently ascertained that there is a
need, the initial plan may be amended by the approval
2 Law 44/1985 came into force on 1.8.1985. See Note at the end of the text.
28
of a supplementary plan, but in such a case the same
procedure for its approval and execution shall be
followed as provided for the initial plan.
Land consolidation and reallocation plan. 14 of 44/85.2 13 of 22(I)/97. First Schedule. Second Schedule.
21. The Committee shall proceed to draw up the land
consolidation and reallocation plan for the affected area
which shall as far as possible be in conformity with the
provisions of the First Schedule, and the reallocation of
properties shall be made in accordance with the
provisions of the Second Schedule. The Committee
shall also prepare a plan for landscape renovation and
protection of the environment.
Leases and compensation. 21 of 44/85.2 22(a) of 44/85.2
22.-(1) Any provision for modification, transfer or
cancellation of an existing lease of property within the
affected area, shall be published together with the
consolidation and reallocation plan.
22(b) of 44/85.2 (2) Whenever it has been decided for compensation
to be paid as a result of the submission of objections or
appeals, it shall be paid at once by the Committee and it
shall be recoverable from any person who benefits from
the modification, transfer or cancellation of an existing
lease provided that in case the Committee finds itself
unable to decide whether any benefit accrues to any
particular person from the new arrangements regarding
leases, the whole amount of the compensation or the
balance thereof shall be taken as part of the expenses
of consolidation and reallocation measures.
29
Encumbrances e.t.c. 21 of 44/85.2
23.−(1) Any encumbrances on property within the
affected area shall be ascertained and examined by the
Committee who shall advise the owners on means open
to them by which they can free the said property
therefrom. At the time of the preparation of the land
consolidation and reallocation plan, the Committee shall
have power to provide therein for the transfer of
encumbrances on to holdings or for amending them or
even cancelling them, provided that in such a case
compensation shall be payable.
(2) Any provision for the transfer, amendment or
cancellation of an existing encumbrance and any
compensation contemplated shall be published in
accordance with the prescribed manner together with
the land consolidation and reallocation plan.
23(a) of 44/85.2 23(b) of 44/85.2
(3) When judgment has been given in all pending
recourses or, in the absence of any recourses, after the
lapse of twenty-one days from the publication provided
in subsection (2), the Committee shall notify the
Director of the transfers, amendments and cancellations
of encumbrances on property within the affected area
and such notification shall be authority for the Director
to amend his records accordingly:
Provided that in amending his records the Director
may make more than one registration in respect of the
properties involved provided that each property shall be
charged with the relevant encumbrances:
2 Law 44/1985 came into force on 1.8.1985. See Note at the end of the text.
30
Provided further that where more than one
registration has been made, in accordance with the
preceding proviso, the person in whose favour such
registrations have been made shall not be entitled to
make any voluntary dealing in respect of one of such
registrations and on the cancellation of such
encumbrances the Director shall have power to effect an
amalgamation of such registrations, cancel the existing
separate registrations and make one joint registration in
lieu thereof.
23(c) of 44/85.2 (4) Any right of way, privilege, liberty, easement or
any other right or advantage enjoyed in connection with
roads, channels and water-courses which has been
abolished, shall be cancelled together with the roads,
channels and water-courses.
Representation of absent persons, e.t.c. 21 of 44/85.2
24. Whenever representations are made that any
person interested in any property consolidated and
reallocated or to be consolidated and reallocated in
accordance with the provisions of this Law, is, by reason
of his being absent from Cyprus or of his being under
any disability, likely to be prejudiced as regards the
exercise of his rights, duties or obligations as an
interested party under the provisions of this Law, the
Court may, on the application of the Chairman of the
Committee or of its own motion, order that this person
be duly represented and may give such directions which
may secure the proper and just exercise of his rights
and duties.
2 Law 44/1985 came into force on 1.8.1985. See Note at the end of the text.
31
Compulsory acquisition of property. 3 of 52/71. 21 of 44/85.2 24 of 44/85.2
25. All holdings in the affected area belonging to one
person which, in the aggregate, are less than the areas
prescribed in by paragraphs (b) and (c) of subsection
(1) or of subsection (2) of section 27 of the Immovable
Property (Tenure, Registration and Valuation) Law, as
the case may be, and trees and water owned by persons
who own no land, may be acquired compulsorily by the
Department, in accordance with the provisions of the
Compulsory Acquisition of Property Laws, 1962 to 2006,
to be used for the purpose of land consolidation and
reallocation measures.
Publication of the land consolidation and reallocation plan. 21 of 44/85.2 14 of 22(I)/97.
Second Schedule.
26.−(1) When completed, the consolidation and
reallocation plan shall be published, as the Committee
may deem expedient, together with the landscape
renovation plan and the plan for protection of the
environment, the provisions for the lands which shall be
used for installations of public benefit and for common
use referred to in the Second Schedule, the existing
easements expected to be expired and the anticipated
new easements as well as the provisions made for the
leases and encumbrances referred to in sections 22 and
23, respectively. The plans and the documents may be
inspected by the affected owners for a period of twenty-
one days from their publication and objections may be
submitted to the Committee within the aforesaid period
of twenty-one days.
(2) The Committee shall consider the objections and
shall proceed to any amendments of the plan and of the 2 Law 44/1985 came into force on 1.8.1985. See Note at the end of the text.
32
documents which it may deem necessary. In case of
amendments the plan and the documents shall be re-
published in the same manner as the initial plan has
been published. The decisions of the Committee on the
objections shall be communicated to all the persons
affected by a letter from its Chairman.
5 of 112(I)/2003. (3) The landscape renovation plan and the plan for
the protection of the environment may be published,
irrespective of the reallocation plan.
Demarcation of consolidated and reallocated holdings and registration thereof. 21 of 44/85.2
27. The final land consolidation and reallocation plan
shall be deposited with the Director who shall proceed
to demarcate holdings on the ground and register them
in his records:
3 of 18/83. Provided that until the completion of the aforesaid
procedure the Director may, in exceptional cases, issue
temporary titles of ownership for the new holdings
referred to in the final plan. Assumption of possession. 21 of 44/85.2 26 of 44/85.2
28. Assumption of possession of the new land plots by
the parties concerned shall take place on a date to be fixed
by the Committee in consultation with the Director. The
parties concerned shall be informed at least one month
before such date.
Dealings following making of decision or reaching agreement. 21 of 44/85.2
29. During the intervening period from the taking of a
decision for land consolidation and reallocation and the
acquisition of possession of the new land plots no
dealings affecting any property or alteration in the
encumbrance on any property included in the affected
2 Law 44/1985 came into force on 1.8.1985. See Note at the end of the text .
33
area shall be allowed without the written consent or
authority of the Chairman of the Committee:
Cap. 233.∗
9 of 1965 51 of 1970 3 of 1978 6 of 1981 181(I) of 2002
59(I) of 2006 122(I) of 2007 52(I) of 2008.
Cap. 6. 11 of 1965 161 of 1989 228 of 1989 51(I) of 1999 134(I) of 1999 58(I) of 2003 66(I) of 2004 138(I) of 2006.
Provided that the foregoing provisions shall not affect
compulsory sales under the provisions of the Sale of
Mortgaged Property Law or the Immovable Property
(Transfer and Mortgage) Law, 1965, upon its coming into
force, or sales by way of execution of judgements, under
the Civil Procedure Law.
27 of 44/85.2 Provided further that after any such sale, whether
voluntary or compulsory, the Committee shall have power,
exercised within the prescribed time and in the prescribed
manner, to exercise a right of pre-emption in the purchase
of any property.
Compulsory acquisition of property outside the affected area. 21 of 44/85.2 28 of 44/85.2
30. When the implementation of a land consolidation
and reallocation plan requires the execution of works
located outside the affected area the Department shall,
in the absence of an amicable settlement, have power
to acquire compulsorily a property required for the
execution of such works in accordance with the
provisions of the Compulsory Acquisition of Property
Laws, 1962 to 2006.
Execution of plan for roads, water-courses, channels and development works.
31.−(1) Subject to the provisions of section 32, the
Committee shall proceed to carry out the plan approved,
∗ Cap 233 was repealed and replaced by Law 9 of 1965 as amended by Laws 51 of 1970, 3 of 1978, 6 of 1981, 181(I) of 2002, 59(I) of 2006, 122(I) of 2007, 52(I) of 2008.
34
21 of 44/85.2 29(a) of 44/852 29(b) of 44/85.2
as provided in section 20, by the construction of new
roads, water-courses, channels and other works and the
creation of easements as required by the plan:
4 of 23/87.
Provided that during the application of the
provisions of this section the tender procedure as
prescribed in the Store Regulations shall be followed.
29(c) of 44/85.2 (2) On the application of the Superior, the Director
may, according to the law, take any action for bringing
up-to-date or amending the land registry books and
records, plans, certificates of registration and other
documents necessary in consequence of the execution
of the plan mentioned in subsection (1) and, as the case
may be, for cancelling existing roads, water-courses,
channels or works and for abating existing easements.
Exemption from the obligation to obtain permits, etc. 21 of 44/85.2 6 of 112(I)/2003.
Cap. 96. 14 of 1959 67 of 1963 6 of 1964 65 of 1964 12 of 1969 38 of 1969 13 of 1974 28 of 1974 24 of 1978 25 of 1979 80 of 1982
32.−(1) Without prejudice to the provisions of section
25 of the Streets and Buildings Regulation Law, the
Committee may execute the works referred to in section
31 of this Law, without an obligation to obtain any
permit, approval or certificate required under this Law,
provided that the plan was worked out or approved by
the Land Consolidation Department and approved by
the Planning and Housing Department.
15 of 1983 9 of 1986 115 of 1986 199 of 1986 53 of 1987 87 of 1987 316 of 1987 108 of 1988 243 of 1988 122 of 1990 97(I) of 1992
2 Law 44/1985 came into force on 1.8.1985. See Note at the end of the text.
35
45(I) of 1994 14(I) of 1996 52(I) of 1996 37(I) of 1997 72(I) of 1997 71(I) of 1998 35(I) of 1999 61(I) of 1999 81(I) of 1999 57(I) of 2000 66(I) of 2000 73(I) of 2000 126(I) of 2000 157(I) of 2000 26(I) of 2002 33(I) of 2002 202(I) of 2002 101(I) of 2006 21(I) of 2008
32(I) of 2008.
(2) Notwithstanding the provisions of subsection (1)
of this section, for the exchange or alienation of a part
of a public road, in cases where the consolidation and
reallocation plan provides for the abolition of an existing
road, the provisions of paragraph (b) of subsection (1)
of section 18 of the Immovable Property (Tenure,
Registration and Valuation) Law shall apply.
Duration of Land Consolidation and Reallocation Association. 21 of 44/85.2 31 of 44/852 16 of 22(I)/97. 32 of 44/85.2
33. The Land Consolidation and Reallocation Association,
the Committee and the valuation committee shall exist
until the Superior is of the opinion that their services are
no longer necessary.
Apportionment of expenses. 33 of 44/85.2
34.−(1) The Committee, as soon as this may be
possible, shall proceed to the ascertaining of the
expenses corresponding to the owner under sections 18
and 35 for the application of the plan, and shall prepare
a list showing the name of each owner, the amount to
be incurred by each one of them as well as the manner
and the date of imposition and payment of the amount:
Provided that upon the determination of the
2 Law 44/1985 came into force on 1.8.1985. See Note at the end of the text.
36
expenses payable by each owner it should be taken into
consideration the benefit which each owner shall or may
enjoy due to any measure of consolidation and
reallocation.
(2) The list shall be published and any person
affected may, within fifteen days from the date of
publication, submit an objection to the Committee in
respect to the amount incurred by him.
(3) After the expiration of the time limit, the
Committee shall examine all the objections and if the
list is amended as a result of the examination, the
Committee shall republish the list.
7(a) of
112(I)/2003. (4) Any interested person who considers himself
aggrieved by the decision of the Committee, may,
within twenty one days from the date of the
communication to him of the decision of the Committee,
submit a hierarchical recourse to the Minister for
revision of the decision.
7(b) of
112(I)/2003. (5) The Minister shall examine any hierarchical
recourse and decide on it and the Committee shall
republish the list if the same is amended as a result of
the decision of the Minister.
7(c) of
112(I)/2003.
(6) In case where no objection is submitted, or if
after the examination of any objections by the
Committee, no hierarchical recourse has been
submitted, or if after the examination of the hierarchical
recourses by the Minister, his decision is not disputed,
37
the list published under subsections (2), (3) or (5), as
the case would be, shall become final:
Provided that the amount of charges may
subsequently be amended if costs arise which was
impossible to be foreseeable or estimated at the
publication of the original list, and in such a case the
procedure provided for the approval of the original list
shall be followed. 17(a) of
22(I)/97. (7) Notwithstanding the provisions of any other Law,
no transfer of property resulting from reallocation under
this Law to any person, or registration thereof for the
benefit of any heir of a deceased owner shall be
permitted, unless any sum due related to the aforesaid
property is paid up according to this section:
Provided that in exceptional cases the Director, may
allow the transfer of property or the registration thereof
for the benefit of any heir of a deceased owner provided
that the land shall continue to be charged and the
beneficiary or the heir, depending on the case, is in
writing obliged to debt, under the same discharging
conditions which had been imposed to the previous
owner.
2 of 32(I)/94.3 (8) Where any owner fails to defray the amount
provided in the list of expenses on the date referred to
on the list of expenses, the amount shall be raised by
ten percent and the original amount with this raise,
shall be collected from the Director of the Land
Consolidation Department as debt owed to the Republic,
not excluding the taking of all necessary legal
3 See Note at the end of the text.
38
measures.
Second Schedule.
(9) The Committee shall appoint a Treasurer for the
collection of the expenses as well as any other debt in
accordance with the Second Schedule of this Law. The
appointment of the Treasurer shall be approved by the
Superior, and his remuneration shall be approved by the
Minister.
17(b) of
22(I)/97. (10) Any charge on a property by the amounts due,
shall be made upon written notification of the final list of
expenses to the Director of the Department of Lands
and Surveys.
Financial provisions. 34(a) of 44/85.2
35.−(1) In so far as land consolidation and reallocation
measures are for the benefit of the national economy,
the administrative and managing expenses resulting
from the application of this Law, the recompense of the
members of the several committees, the recompense of
the Treasurer who is appointed under subsection (9) of
section 34, as well as the expenses of demarcating new
consolidated plots, shall be borne by the Treasury of the
Republic.
(2) The Government of the Republic may contribute
torwards−
(a) the compensation payable for the
abatement of rights, privileges and other
property which cannot be transferred;
39
34(b) of 44/852 34(c) of 44/85.2
(b) the compensation payable for leases as
provided in section 22(2).
(3) In respect of all other works connected with land
consolidation and reallocation measures, expenditure
shall be borne as follows−
13(a) of 8/73.
(a) for the construction of new irrigation, soil
conservation and drainage works which are
carried out under the existing legislation or
administrative arrangements the affected
owners shall receive the usual subsidies paid by
the Government for such works;
18 of 22(I)/97.
34(d) of 44/85.2
(b) for any other improvement works that may
be carried out by the Committee for public or
private purposes as well as for the expenditure
under section 18 the owners shall be charged in
proportion to the value of their property after
consolidation and reallocation, or in proportion
to the benefit derived therefrom but the
Government of the Republic may subsidise any
such works as it deems fit;
13(b) of 8/73 13(c) of 8/73 34(d) of 44/85.2
(c) compensation for any property acquired
voluntarily or compulsorily in the course of
restricting and eliminating small lands or for
other purposes shall be paid for in cash by the
Committee.
13(d) of 8/73.
(4) The expenses referred to in paragraph (c) of
subsection (3) in respect of compensation paid for
property acquired shall be recovered by installments
2 Law 44/1985 came into force on 1.8.1985. See Note at the end of the text.
40
34(e) of 44/85.2
from the owners to whom the said property may be
allotted in the course of carrying out the land
consolidation and reallocation measures, and there shall
be charged interest not exceeding seven per cent as
may be fixed by the Minister. The same method of
collection shall be followed in case of government land
granted to owners in the implementation of land
consolidation and reallocation measures.
Power to borrow. 35 of 44/85.2 36 of 44/85.2
36. For the purpose of enabling the Committee to
carry out its functions under this Law or any Regulations
made thereunder the Committee may, with the consent
of or according to any general authority given by the
Minister, borrow money from any person or from the
Government in such a manner and subject to such
conditions as the Minister may approve.
Power of the Committee to lend or advance money. 35 of 44/85.2 37 of 44/85.2
37. The Committee may lend or advance money on
such terms as the Minister may think fit to owners for
the purpose of implementing land consolidation and
reallocation measures within the land consolidation and
reallocation area.
Accounts and audit. 38 of 44/85.2
38.−(1) The Superior shall provide for the preparation
of accounts, the keeping of books and any other
accounting work of the Committee.
(2) The accounts of the Committee shall be audited
by the Auditor-General of the Republic. 2 Law 44/1985 came into force on 1.8.1985. See Note at the end of the text.
41
39 of 44/85.2 LAND CONSOLIDATION AND REALLOCATION BY
ORDER
OF THE COUNCIL OF MINISTERS
Declaration of land consolidation and reallocation area. 40 of 44/85.2 40(a) of 44/85.2
39.−(1) Where it shall appear to the Council of
Ministers that land consolidation and reallocation
measures are necessary by reason of the fact that the
Government has decided to construct a dam or other
expensive irrigation or other land improvement works,
the Council of Ministers shall by order published in the
Official Gazette of the Republic declare, on the
recommendation of the Minister, the affected area as a
land consolidation and reallocation area in which case in
the area so declared shall apply land consolidation and
reallocation measures in accordance with the provisions
of this Law.
40(b) of 44/85.2
40(b) of 44/85.2
(2) The procedure to be followed for land
consolidation and reallocation by an order of the Council
of Ministers shall be the same as that provided by this
Law in the case of land consolidation and reallocation by
a resolution of the owners, provided that the number of
elected members shall be fixed by the Council of
Ministers, and in the event of the owners refusing to
elect representatives on the various committees
concerned in land consolidation and reallocation the
Minister may appoint such representatives who may be
entitled owners or not.
2 Law 44/1985 came into force on 1.8.1985. See Note at the end of the text.
42
41 of 44/85.2 PART FOUR
TRANSITIONAL PROVISIONS
Assets of the Authority. 41 of 44/85.2
40. The assets of the Authority, including elements
under its management, as well as its obligations shall
come to the Republic.
Pending cases. 41 of 44/85.2
41.−(1) All the pending court cases, in which the
Authority or a committee is a party, shall continue,
under the same title as they were filed, by the Attorney-
General of the Republic.
(2) All appeals pending before the Authority shall be
considered as made and pending according to the
provisions of section 13.
Employees of the Authority. 41 of 44/85.2
42.−(1) Every person who immediately before the date of
the coming into force of this amending Law was in the
service of the Authority as member of its personnel, shall
belong from that date in the service of the Government
and shall be placed by the competent authority of the
Republic, notwithstanding the provision of any other law, in
a post which shall be included in the budget of the
Department, and in respect of the interchangeable and
accounting personnel of the Authority in a post which shall
be included in the Ordinary Budget of the Republic, the
status and function of which shall be analogous with the
function of the post held in the service of the Authority and
shall receive his remuneration by the Republic.
2 Law 44/1985 came into force on 1.8.1985. See Note at the end of the text.
43
1 of 1990 71 of 1991 211 of 1991 27(I) of 1994 83(I) of 1995 60(I) of 1996 109(I) of 1996 69(I) of 2000 156(I) of 2000
4(I) of 2001 94(I) of 2003 128(I) of 2003 183(I) of 2003 31(I) of 2004
218(I) of 2004 68(I) of 2005 79(I) of 2005 105(I) of 2005 96(I) of 2006
107(I) of 2008 137(I) of 2009
(2) The service in the Authority or the previous
service in the Republic of any person on extraordinary,
temporary or permanent basis shall be recognised for all
the purposes of the Public Service Laws, 1990 to 2009,
or any other law, subject to the provisions of the said
laws, as well as if any regulations approved by virtue of
any law or other regulations regulating such matters as
well as of the provisions of subsections (3) and (5).
Until his placement according to this section, any such
person shall continue to hold the same post as
immediately before the date of the coming into force of
this amending Law:
Provided that the recompense of the post held by
the said person, as shown in the last budget of the
Authority, shall be considered as his personal
recompense:
Provided further that until a study for the revision
or reorganization of the services of the Department is
done and approved, including evaluation and
harmonisation of the posts belonging thereto, and until
schemes of service and salary scales are approved, the
Council of Ministers may amend the existing schemes of
service by deleting therefrom the reference to the
Authority and substituting therefore by reference to the
Department and by abolishing the existing schemes of
service of the interchangeable and accounting personnel
of the Republic, yet keeping the existing structure of its
services:
5 of 23/87. Provided further that the service in the Authority on
44
temporary or permanent basis of any person not
belonging to the interchangeable and accounting
personnel shall be considered as service in the Republic
at the post such person was holding immediately before
his placement at the new post by virtue of subsection
(1) of this section:
Provided further that the service on temporary or
permanent basis at the post any person was holding in
the Authority immediately before his placement in the
interchangeable and accounting personnel of the
Republic by virtue of subsection (1) of this section shall
be considered as service in the new post.
(3) The service in the Republic of any such person
shall be considered as without interruption continuation
of his service in the Authority, like as his service in the
Republic, if any, under any conditions before the
establishment of the Authority:
Provided that any person who has chosen service or
appointment in the Authority, and has received any
bonus on his departure in relation to a time period of
service in the Republic before his appointment in the
Authority, shall within a month from his moving in the
service of the Republic, as prescribed above, choose the
return of the bonus he has received, so as for the
purposes of bonus, his total service from the beginning
shall be considered as his period of service or not to
return such bonus, so as for those purposes, his period
at service shall be considered to begin from the date he
undertakes service in the Authority.
45
(4) The return of any amount shall be made with a
simple interest, at the rate decided by the Minister of
Finance, calculated from the date such amount has been
deposited up to the date of the return of the total
amount, and the time and the way of return shall be
decided by the Minister of Finance.
(5)(a)
Upon the coming into force of this amending
Law and after the liquidation of the Provident
Fund, each member of the Fund shall, within a
month from the deposition to him of all the
amounts he is entitled from the Fund, choose:
Cap. 311∗.
17 of 1960 9 of 1967 18 of 1967
(i) to deposit to the Republic any amount
paid to him from the Account "B" of the
Fund, and in this case the total of his
service shall be taken into consideration
for any future retirement bonus according
to the Pensions Law, or 51 of 1968 119 of 1968 9 of 1971 65 of 1973 42 of 1976 38 of 1979 2 of 1981 39 of 1981 25 of 1984 2 of 1986 47 of 1987 61 of 1990 107 of 1990 137 of 1991 33(I) of 1992 112(I) of 1992 43(I) of 1993 17(I) of 1994 5(I) of 1995 71(I) of 1996.
(ii) not to return the amount paid to him from
the Account "B", but in such case all his
∗ Cap. 311, as amended was repealed and replaced by the Pensions Law, 1997 (L. 97(I)/1997, as amended by Laws 3(I)/98, 27(I)/99, 141(I)/2001, and 69(I)/2005).
46
service before his employment by the
Republic, shall not be taken into
consideration for any future retirement
bonus according to the Pensions Law.
(b) The choice shall be in writing and addressed to
the Accountant-General and it shall be
irrevocable.
(c) Irrespective of the choice, the total service of
an employee in the Authority before the 1st of
November, 1972 shall be taken into
consideration for any future retirement bonus.
2 of 125 of 1986.
(d) Any male employee who has exercised the choice
mentioned in subparagraph (i) of paragraph (a)
of subsection (5) of this section may, within three
months from the date of the coming into force of
the Agricultural Land Consolidation and
Reallocation(Amendment) Law exercise
irrevocably the option to pay to the Republic a
47
41 of 1980 48 of 1982 11 of 1983 7 of 1984 10 of 1985 116 of 1985 4 of 1987 199 of 1987 214 of 1987 68 of 1988 96 of 1989 136 of 1989 17 of 1990 218 of 1991 98(I) of 1992 64(I) of 1993 18(I) of 1995 55(I) of 1996 87(I) of 1997 80(I) of 1998 84(I) of 1998 55(I) of 1999 98(I) of 2000 99(I) of 2000 2(I) of 2001 51(I) of 2001 135(I) of 2001 143(I) of 2001 71(I) of 2002 132(I) of 2002 10(I) of 2005 142(I) of 2005 53(I) of 2006 161(I) of 2006 110(I) of 2007 164(I) of 2007
9(I) of 2008 24(I) of 2008
22(I) of 2009.
contribution by virtue of section 28 of the
Pensions Law for any period of complete
month at his previous service in the Authority
or in the Republic. In that case the pension of
the widow and children regarding such
previous service shall be calculated on the
basis of the proportion defined in paragraph
(a) of subsection (1) of section 25 of the
Pensions Law. That contribution shall be
calculated according to the proportion in force
under the Pensions Law and the Social
Insurance Laws, 1980 to 2009, on his
pensionable monthly earnings for every month
completed in a previous service regarding
which he wishes to pay contribution with an
interest of six and three forth percentage. The
due amount may be paid either by payment of
a lump sum on the exercise of the option or by
payments the number of which shall be
decided by the Accountant-General.
48
42 of 44/85.2
PART FIVE
MISCELLANEOUS
Prohibition of partitioning of consolidated property and conditions of possession in undivided shares. 43 of 44/85.2 19(a) of 22(I)/97.
43.−(1) Notwithstanding the provisions of any other
Law but subject to the provisions of section 27 of the
Immovable Property (Tenure, Registration and
Valuation) Law, a land consolidated and reallocated in
accordance with the provisions of this Law, shall not be
allocated, partitioned, merged, nor its boundaries shall
be adjusted without the written approval of the
Superior, who may for purposes of rational utilization
and development of the land, set terms which shall
apply compulsorily in relation to the following:
(a) the manner of allocation, partition, merging or
re-adjustment of its boundaries;
(b) the number of the new plots of land resulted
from its partition;
(c) the way it is irrigated; or
(d) the provision of satisfactory access to the new
plots of land.
4 of 52/71.
(2) Notwithstanding the provisions of any other Law
but subject to the provisions of the Immovable Property
(Tenure, Registration and Valuation) Law and any Law
amending the same the following provisions shall be
applicable to immovable property situated within a land
consolidation and reallocation area:
2 Law 44/1985 came into force on 1.8.1985. See Note at the end of the text.
49
(a) (i) No owner of such property shall transfer a
share less than the one he owns;
(ii) no owner of such property shall transfer it to
more than one persons;
(iii) the overbidding, in a public bid carried out by
virtue of this Law or by any other Law of
compulsory sale of immovable property, by
more than one persons, acting jointly shall be
prohibited,
without the permission of the Director, who, following
the provisions of subsection (2) of section 27 of the
Immovable Property (Tenure, Registration and
Valuation) Law, may define in the case of subparagraph
(i) the minimum transferable and in the cases of
subparagraphs (ii) and (iii) the maximum number of
persons to whom such property may be transferred or
who may, if acting jointly, overbid in such auction, as
the case may be.
43(b) of 44/85.2
43(b) of 44/85.2
(b) No property granted under this Law to a
person who subsequently dies shall be
possessed by his heirs in undivided shares for a
period exceeding six months unless it is proved
in a way that satisfies the Director that such
property shall continue to be cultivated jointly
by them and to be utilised as a single unit. In
case of contravention of the above provisions of
this paragraph or transfer of the share of any of
the heirs to a third person, the Director may put
the entire property up for sale by public auction
2 Law 44/1985 came into force on 1.8.1985. See Note at the end of the text.
50
in accordance with the provisions of any Law
relating to such sales and the Rules of Sale for
the time being in force and to distribute the
proceeds of the sale among the co-owners.
19(b) of
22(I)/97. (3) The provisions of paragraphs (a) and (b) of
subsection (2) of this section shall not apply in relation
to immovable property situated within a land
consolidation and reallocation area and which is defined
by the Superior after the land consolidation and
reallocation, as an area which was not directly affected
by land consolidation and reallocation measures.
Exempted properties. 20 of 22(I)/97.
43A. As regards to properties exempted according to
paragraph (7) of the First Schedule of this Law or
included within a part of land consolidation and
reallocation area which shall be defined by the Superior
as an area not directly affected by measures of
consolidation and reallocation, instead of the provisions
of paragraph (a) and (b) of subsection (2) of section 27
of the Immovable Property (Tenure, Registration and
Valuation) Law in relation to the minimum areas, the
provisions of paragraph (b) and (c) of subsection (1) of
the same section of the said Law shall be applied.
Correction of errors. 20 of 22(I)/97.
43B.−(1) Subject to the provisions of the Immovable
Property (Tenure, Registration and Valuation) Law, the
Superior may correct any error or omission in the lists
or plans prepared by the Committee and annul any
approval granted or decision made on the basis of these
errors or omissions.
(2) If it is considered that any act of correction or
51
annulment provided in subsection (1), may affect the
interests of any person, the Superior shall cause a
previous written notification to be given to the said
person. If the address of the affected person is not
known, then the said notification shall be published in at
least two daily newspapers. After such notification, the
affected person may, within a period of thirty days from
the date of service or publication of the notification,
submit a written objection to the Superior, mentioning
the reasons on which such objection is based. The
Superior shall consider the objection and decide if he
proceeds in the said correction or annulment. The
decision of the Superior shall be notified in writing to
the person who has submitted the objection.
Delegation of powers. 44 of 44/85.2
44.−(1) The Minister may delegate at any person the
exercise of any of the powers or competences granted
to him by virtue of this Law.
(2) The Superior, the Director of the Department of
Agriculture, the Director, the Director of the Water
Development Department and the District Officer may
assign the exercise of their powers and competences to
any person.
Regulations. 45 of 44/85.2
16 of 8/73.
45. The Council of Ministers may make Regulations for
the better carrying into effect of the provisions of this
Law and for prescribing any matter which under this
Law is required to be or may be prescribed:
2 Law 44/1985 came into force on 1.8.1985. See Note at the end of the text.
52
Provided that Regulations made under this section
shall be laid before the House of Representatives. If
within thirty-five days of such laying, the House of
Representatives does not by resolution amend or annul,
in whole or in part, the Regulations so laid, they shall
then, soon after the expiry of the period hereinbefore
mentioned, be published in the Official Gazette of the
Republic and they shall come into force as from such
publication. In the event of their amendment, in whole
or in part, by the House of Representatives, such
Regulations shall be published in the Official Gazette of
the Republic as so amended by the House of
Representatives and they shall come into force as from
such publication.
Offences. 46 of 44/85.2
46.−(1) Any person who−
(a) willfully and unlawfully interferes with any
land consolidation and reallocation measures
within a land consolidation and reallocation
area;
(b) willfully and unlawfully obstructs any
member of the Committee or any person
authorised by it or any person appointed to
carry out any works under this Law,
shall be guilty of an offence and shall be liable to
imprisonment not exceeding three months or to a fine
not exceeding three hundred forty one euros* or to both
such penalties.
(2) Any person who acts in contravention or fails to
comply with any of the provisions of this Law or any
Regulation made thereunder shall be guilty of an
53
offence and shall be liable to a fine not exceeding one
hundred seventy euros∗.
Saving. 47 of 44/85.2
47.−(1) The provisions of this Law shall not apply to
any property−
(a) belonging to the Republic of Cyprus;
8 of 112(I)/2003. (b) belonging to a Municipal Council, a Community
Council, a public corporation or a public utility
body and used or intended to be used for a
purpose of public benefit;
(c) belonging to a mining enterprise and used or
intended to be used for mining purposes,
except with the written consent of the owner thereof.
(2) For the purposes of paragraph (b) of subsection
(1), “purposes of public benefit” shall include the
purposes set out in subsection (2) of section 3 of the
Compulsory Acquisition of Property Laws, 1962 to 2006.
17 of 8/73. 47 of 44/85.2
(3) In case the fact of any intended action as in
paragraph (b) or in paragraph (c) of subsection (1) shall
be questioned, such fact shall be verified by proving
decisive measures indicating such intended action and
taken prior to convening of the preliminary meeting
under section 6 of the owners of the area wherein lies
the property referred to in the aforesaid paragraph or,
as the case may be, the making of an Order under
section 39 declaring the said area as a land
consolidation and reallocation area.
2 Law 44/1985 came into force on 1.8.1985. See Note at the end of the text. ∗ P.I. 312/2007 issued pursuant to section 9(1) of the Adoption of the Euro Law, 2007 (L. 33(I) of 2007, as amended).
54
Remuneration. 48 of 44/85.2 49 of 44/85.2
48. The elected or appointed members, not belonging
to the Public Service, of the various committees
established by virtue of this Law, shall receive such
remuneration per meeting as the Minister may define
from time to time.
50(a) of 44/85.2 FIRST SCHEDULE
(Section 21)
18 of 8/73. 50(b) of 44/85.2 21(a) of 22(I)/97.
1. The land consolidation and reallocation plan may
provide for the compulsory increase or decrease of the
value of the property to be allocated to owners to such
an extent as may be approved by the Superior and for
the non granting of property to owners whose total
extent of their property is less than the one prescribed
by paragraphs (a) and (b) of subsection (2) of section
27 of the Immovable Property (Tenure, Registration and
Valuation) Law.
50(c) of 44/852 21(a) of 22(I)/97.
2. The aim of consolidation and reallocation shall be to
create as far as possible a greater number of holdings
which should be economically viable. The Superior shall
define every year the criteria for the determination of an
“economically viable” holding taking into account that
the income from this holding which must be secured,
given also the index of the consumer's values, shall be
able to maintain the family of the farmer cultivating
such holding. Areas of land resulting from the non-
allocation of land to owners of small holdings or the
purchase of land by the Department or from the 2 Law 44/1985 came into force on 1.8.1985. See Note at the end of the text.
55
property of the Republic approved to be allocated
through a consolidation plan, shall be used for that
purpose, with preference to those who cultivate their
own properties.
Such areas of land may also be allocated to persons
who are not owners in the land consolidation and
reallocation area, upon their application, provided that
they live in the village or villages where such area
belongs and are farmers, tenants of agricultural land or
they are evidently occupied in agriculture. Applications
by young persons resident in the countryside and who
are interested in residing in their village and in
exercising farming may also be examined. For that
purpose, the Committee shall prepare a list of the
cultivators of each property in the affected area where
the cultivator is not the owner of the land he cultivates.
50(d) of 44/85.2
3. Except in justifiable cases due to the nature of the
land plots or their exploitation or due to their distance
from their owner’s residence not more than one plot
shall be granted to an owner of a small holding, not
more than two plots to an owner of a medium holding
and not more than three plots to an owner of a large
holding. The Superior shall define the meaning of the
terms “small”, “medium” and “large” in relation to
holdings in the affected area and shall specify when a
certain case shall be considered as a justifiable
exemption.
4. The regrouping of the scattered plots into
2 Law 44/1985 came into force on 1.8.1985. See Note at the end of the text.
56
21(b) of
22(I)/97.
consolidated plots shall be made in accordance with a
plan which will allow the rational cultivation of lands, the
mechanization of farm work, the execution of irrigation
and soil conservation works and other land
improvement works, the construction of farm buildings,
the establishment of long term plantations, the setting
aside of areas reserved for the sinking of public or
private wells and the construction of other water works
and the setting aside of other spaces intended for public
use and generally shall facilitate the use of new
(modern) and improved methods of agriculture
permitting or contributing to an increase in productivity.
5. The consolidated holdings or plots must be readily
accessible.
6. Owners of small holdings should as far as possible
be allocated land near the village. Owners living outside
the boundaries of the land consolidation and reallocation
area shall, as far as possible, be allocated land near the
boundaries in such a way that the distance between the
boundaries and their houses is as short as possible.
21(c) of
22(I)/97. 7. The Committee in preparing the consolidation and
reallocation plan shall have in mind that in exceptional
cases it may be considered advisable to exempt the
following properties:
50(e) of 44/85.2
(a) Property whose value is high on account of
installations or plantations existing on it or on
account of development which has taken place
2 Law 44/1985 came into force on 1.8.1985.
57
nearby or which in the opinion of the Superior is
of a special character irrespective of its value.
(b) Buildings which are of great value and the
land which is essential for their use.
(c) Property belonging to a public body, recognised
as such either by law or by a decision of the
Council of Ministers, the purpose of which is the
protection of natural beauty, historical places or
of antiquities, provided that its owner wish such
exemption:
Provided that in any of the above cases of
exemptions, the Committee may proceed to the
readjustments of the boundaries of the exempted
properties, if it thinks so expedient or necessary for the
purposes of consolidation and reallocation of the rest of
the land plots of the area.
50(f) of 44/85.2
21(d) of
22(I)/97.
8. It may be decided that an owner who has submitted
an application for this purpose may be given cash
compensation instead of being granted land.
50(g) of 44/85.2 21(e)(i) of 22(I)/97. Second Schedule.
9. In case of undistributed land plots, each owner shall
receive either by consent or by draw if the owners
agree, or otherwise, at the discretion of the Committee,
a plot or plots after the consolidation and reallocation,
to be held in single ownership, and whose value shall be
more or less equal to the one of his share before the
consolidation and reallocation provided that the plot or
plots shall be in conformity with the provisions of
section 27 of the Immovable Property (Tenure,
Registration and Valuation) Law or an amendment
See Note at the end of the text.
58
thereof, and, if this is not possible the provisions of
paragraph 2 of the Second Schedule shall apply.
21(e)(ii) of 22(I)/97. 50(g) of 44/85.2 21(e)(iii) of 22(I)/97.
At the request of all co-owners, or by a decision of
the Committee taken of its own motion, a consolidated
holding may be granted by the Committee to more than
one persons in undivided shares, in case the Superior is
satisfied that such holding will be operated by its co-
owners in common and shall be utilized as a single unit
or that such settlement shall serve the purposes of the
consolidation and reallocation plan of the area.
10. The trees on the land shall be allotted together
with the land and never separately.
11. The Committee shall examine all existing leases
within the affected area and in the interests of land
consolidation and reallocation shall have power to
maintain, modify, transfer or cancel any existing lease
or assist in the making of a new lease.
21(f) of 22(I)/97.
12. In preparing a consolidation and reallocation plan
the Committee may hold “preference sessions” at which
each owner and operator may be invited to submit to
the Committee his preferences as regards the new plots
to be allotted to him. For this purpose the Committee
shall prepare a plan showing the affected area divided in
not more than three zones of utilization or development
in which the new plots will be allocated to their owners.
51 (a) of 44/85.2 SECOND SCHEDULE
2 Law 44/1985 came into force on 1.8.1985. See Note at the end of the text.
59
(Section 21)
Manner of reallocation of properties.
1. Subject to the provisions of paragraph 2, each
owner shall, after consolidation and reallocation be
granted where this is possible property which shall bear
the same ratio to the value of the entire private
property resulting from the land consolidation and
reallocation plan (after deducting the areas set aside for
new roads, water-courses, channels and other works
and installations of public benefit and for common use
and after adding the areas of roads, water-courses,
channels and other works which are abolished) as the
ratio borne by the value of the property owned by him
prior to consolidation and reallocation to the total value
of all the private properties owned by all owners prior to
consolidation and reallocation:
4(a) of 18/83 22 of 22(I)/97.
Provided that in assessing the value of the
immovable property which shall be under any reduction
because of the deduction of the value of the areas
defined for new roads, water-courses, channels or other
works or installations of public benefit or common use,
the Committee may, if it thinks so expedient –
(i) disregard the value of any building, pit,
drilling or other installation existing on the
property; and
(ii ) as regards to owners who benefit only
from some of the consolidation and
2 Law 44/1985 came into force on 1.8.1985. See Note at the end of the text.
60
reallocation measures, to fix the rate of
reduction of their value according to the
benefit they shall get in comparison with
the rest of the properties.
51(b) of 44/85.2
2.−(1) Where it shall appear to the Committee that it
is not practically possible to grant any properties having
a value as provided in paragraph 1 above, the
Committee may order that owners receiving properties
of a greater value than the one due to them, they shall
pay to the Committee the difference in value and that
owners receiving properties with a smaller value than
the one due to them or who receive no property at all,
they shall be paid such compensation as the Committee
may determine having regard to their corresponding
properties and the value fixed under section 15.
4(b) of 18/83.
51(c) of 44/85.2
3. Where an owner receives property with a greater
value than the one owed to him and fails to pay the
difference in value to the Committee as provided in
paragraph 2 above, the whole property of such owner or
part of it shall be mortgaged by him in favour of the
Committee under such terms which the Committee may
approve or shall be charged in the prescribed manner
by the Committee, which shall have power, with the
approval of the Superior to prescribe the manner and
period of time for the discharge of such charges:
Provided that if he fails to pay the difference in
value within the period and in the manner to be
prescribed as above, the Director may, upon application
2 Law 44/1985 came into force on 1.8.1985. See Note at the end of the text.
61
of the Committee, put up the property charged for sale
by public auction, in accordance with the provisions of
any law relating to sales by public auction and the Rules
of Sale in force for the time being.
62
NOTE
The following laws contain provisions which do not form part of the
principal Law and cannot be included in the consolidated text of the
Law as a part thereof. However, in view of the fact that they affect
the application of the Law, it was considered expedient to include
them in this Note.
1.(a) By virtue of section 58 thereof, the Consolidation and
Reallocation of Agriculture Land Law, 1969 (L. 24/1969)
was to come into force by a notification of the Council of
Ministers to be published in the Official Gazette of the
Republic.
(b) By a decision of the Council of Ministers pursuant to
section 58 of Law 24/1969, published in the Official
Gazette of the Republic, Supplement III(I), 20.6.1969
(P.I. 469/1969), Law 24/1969 came into force on
30.6.1969.
2.(a) By virtue of section 53 thereof, the Consolidation and
Reallocation of Agriculture Land (Amendment) Law,
1985 (L. 44/85) was to come into force by a notification
of the Council of Ministers to be published in the Official
Gazette of the Republic.
(b) By a decision of the Council of Ministers by virtue of
section 53 of Law 44/85, published in the Official
Gazette of the Republic, Supplement III(I), 19.7.1985
(P.I. 198/1985), Law 44/1985 came into force on
1.8.1985.
3.(a) Section 52 of the Consolidation and Reallocation of
63
Agriculture Land (Amendment) Law, 1985 (L. 44/85)
contains the following provision:
“Repeal of certain Regulations.
52. By this Law there shall be repealed:
Official Gazette, Third Supplement: 6.7.1973.
(a) The Consolidation and Reallocation
of Agriculture Land (Medicare
Fund) Regulations, 1973;
Official Gazette, Third Supplement: 6.7.1973.
(b) The Consolidation and Reallocation
of Agricultural Land (Conditions of
Service of Employees of the
Authority) Regulations, 1973;
Official Gazette, Third Supplement: 22.7.1974 13.3.1981.
(c) The Consolidation and Reallocation
of Agricultural Land (Provident
Fund) Regulations, 1974 and
1981.”
Law 44/1985, came into force on 1.8.1985 (See
paragraph 2(b) above).
(b) The Consolidation and Reallocation of Agricultural Land
(Amendment) Law, 1994 (L. 32(I)/94) contains the
following transitional provision.
“Transitional provision.
3. Any debts due at the commencement of
this Law may be collected by the Director of
the Land Consolidation Department,
pursuant to the provisions of this Law.”
Law 32(I)/94, came into force upon publication in the
Official Gazette of the Republic, that is on 28.4.1994.
64
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