Law 24 of 1969 - The consolidation and reallocation of ...€¦ · OF AGRICULTURAL LAND LAWS 1969...

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

__________________________________________________________

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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;


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


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


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


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


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


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


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


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,


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


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


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:


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.


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


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


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


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.


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.


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:


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


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:


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


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


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


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


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.

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