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British Mandate: A Survey of Palestine: Volume I - Page 262 |
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Broadly, zone 'A' includes the hill country as a whole, together with certain areas in the Jaffa sub-District and in the Gaza District including the northern part of Beersheba sub-District; it is in this zone that transfers to persons other than Palestinian Arabs is prohibited, save in exceptional circumstances for which provision is made under the Regulations. Zone 'B' includes the plains of Esdraelon and Jezreel; eastern Galilee: a stretch of the coastal plain south of Haifa; an area in the north-east of the Gaza District; and the southern part of the Beersheba sub-District. Transfers in zone 'B' are permitted subject to certain conditions announced when the Regulations were promulgated. These were that transfers by a Palestinian Arab to a person other than a Palestinian Arab would not ordinarily be granted unless the transfer could be shown to be either :
(i) for the purpose of consolidating, extending, or facilitating the irrigation of, holdings already in the possession of the transferee or of his community, the land to be transferred being contiguous to such holdings; or
(ii) for the purpose of enabling land held in undivided shares by the transferor and the transferee to be parcellated: or
(iii) the furtherance of some special scheme of development in the joint interests of both Arabs and Jews to which Government may have signified its approval.
The "free" zone includes the Haifa Bay area; the greater part of the coastal plain; an area south of Jaffa, the Jerusalem town planning area, and all municipal areas.
91. Applications for permission to effect transfers of land in zones 'A' and 'B' are submitted through the District Commissioner of the District in which the land is situated. The District Commissioner checks the particulars and, where the transfer purports to fulfil a condition stipulated in the Regulations or in the announcement regarding zone 'B', reviews the circumstances supporting this claim. He then makes his recommendation as to the advice to be proffered to the High Commissioner. Before the application is laid before the High Commissioner it. is referred to a supervisory committee consisting of the Financial Secretary and the Director of Land Registration by whom it is scrutinized, with such assistance as may be required from the law officers, to ascertain if it is factually and legally in order and whether it satisfies the requirements of the Regulations. '!'he committee advises whether the recommendations of the District Commissioner should be accepted or otherwise. The application is then submitted to the High Commissioner with these data and such other as may be added in the
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