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Law for the Commemoration of the Heritage of Gush Katif and Northern Samaria, 5768-2008

חוק המרכז להנצחת מורשת גוש קטיף וצפון השומרון, תשס"ח-2008

Published: 2008-08-07Consolidated Hebrew text as of 2023-09-18 · Last amended 2023-03-22✓ Amendment status checked against the Knesset legislation record on 2026-09-08
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Unofficial English translation — for reference only. It may contain errors or omissions and cannot be relied on as a legal text. Only the Hebrew text published in Reshumot is legally binding.More

This English text was translated from the official Hebrew using a range of translation tools, and it undergoes ongoing checks and updates. It is not a certified translation.

Despite these checks, it may contain errors, omissions, or imprecise renderings of legal terminology and cross-references, and it may not yet reflect the latest amendments. It cannot be relied upon as a legal text.

The Hebrew text as published in Reshumot (ספר החוקים) and on the Knesset website is the sole authoritative and legally binding version. In any discrepancy, the Hebrew text prevails.

This translation is provided for informational purposes only and does not constitute legal advice. For use in legal proceedings, request a certified Expert Legal Opinion.

Purpose of the Law§

1.

The purpose of this Law is to establish a centre that shall commemorate the heritage of the settlement in Gush Katif and Northern Samaria, and through which national and educational values shall be imparted.

Definitions§

2.

In this Law –

"the Site" – the commemoration site of the heritage of the settlement in Gush Katif;

"the Archive" – the archive of the Centre;

"the Archivist", "the State Archives", "archival material", "State institution" – as defined in the Archives Law, 5715-1955;

"the Council for Higher Education" – as its meaning in the Council for Higher Education Law, 5718-1958 (hereinafter – the Council for Higher Education Law);

"the Institute" – the Institute for the Study of the Settlement in Gush Katif and Its Heritage established under section 23;

"the Centre" – the centre for the commemoration of the heritage of the settlement in Gush Katif;

"Gush Katif" – the Gaza Strip and the communities in Northern Samaria that were evacuated pursuant to the Disengagement and Compensation for Those Affected Thereby Law, 5765-2005;

"the Minister" – the Prime Minister.

Establishment of the Centre§

3.

The Centre for the Commemoration of the Heritage of the Settlement in Gush Katif is hereby established; the Centre shall include a site, an institute and an archive.

The Centre – Corporation§

4.
(a)The Centre shall be a corporation.
(b)The Centre shall be an audited body within the meaning of the State Comptroller Law, 5718-1958 [Consolidated Version].

The Council§

5.

The Centre shall have a council of 15 members (in this Law – the Council), which the Minister shall appoint, and its members shall be as follows:

(1)an employee of the Prime Minister's Office;
(2)an employee of the Ministry of Education, upon the recommendation of the Minister of Education;
(3)an employee of the Ministry of Science, Culture and Sport, upon the recommendation of the Minister of Science, Culture and Sport;
(4)the Archivist;
(5)a representative of the local authority within whose area the Centre operates;
(6)a representative of the Commemoration Council, within its meaning in section 43 of the National Parks, Nature Reserves, National Sites and Commemoration Sites Law, 5758-1998;
(7)a member of the academic staff of an institution of higher education, upon the recommendation of the Council for Higher Education; in this paragraph, "institution of higher education" means one of the following:
(a)a recognised institution within the meaning of section 9 of the Council for Higher Education Law;
(b)an institution that has received a permit or approval under section 21a of the Council for Higher Education Law;
(c)an institution whose degree has been recognised under section 28a of the Council for Higher Education Law;
(8)six representatives of evacuees of Gush Katif, five from the Gaza Strip and one from Northern Samaria, in consultation with organisations representing the evacuees;
(9)two public representatives with a connection to the settlement in Gush Katif.

Chairperson of the Council§

6.

The Council shall appoint from among its members, with the approval of the Minister, the chairperson and the deputy chairperson.

Functions of the Council§

7.

The functions of the Council are –

(1)to determine the general policy of the Centre and its lines of action;
(2)to receive reports on the activities of the Centre from the Director;
(3)to approve the budget of the Centre and its annual work plan;
(4)to supervise the implementation of the lines of action of the Centre and its plans;
(5)to deliberate on reports submitted to it by the internal auditor and to adopt decisions in respect thereof.

Sub-Committees§

8.
(a)The Council may appoint sub-committees from among its members, and may also co-opt as members of such sub-committees persons who are not among its members, provided that the chairperson of each sub-committee shall be a member of the Council and at least one-fifth of its members shall be members of the Council.
(b)The provisions of section 11(a)(2) shall apply to members of sub-committees who are not members of the Council, and the provisions of section 30 shall also apply to them; however, the Minister may, with the approval of the Education, Culture and Sport Committee of the Knesset, prescribe provisions for the prevention of apprehension of a conflict of interests; where the Minister has prescribed provisions as aforesaid, those provisions shall apply.

By-Laws§

9.

The Council shall, within six months of the date of its appointment, enact the by-laws of the Centre, in which shall be prescribed, inter alia, provisions regarding its activities, the activities of the Director and the other organs of the Centre, the powers and duties of the organs and their working procedures, including provisions regarding a legal quorum, methods for determining the budget, and amendments and revisions to the by-laws, all insofar as these have not been prescribed under this Law.

Term of Office of a Council Member§

10.

A member of the Council shall be appointed for a period of four years, and may be reappointed for additional terms of office; however, members of the Council appointed under paragraphs (7) to (9) of section 5 may be reappointed for one additional term of office only.

Expiry of Office of a Council Member and Suspension from Office§

11.
(a)A member of the Council shall cease to hold office before the end of the member's term of office in any of the following circumstances:
(1)the member resigned by delivering a letter of resignation to the Minister;
(2)the member was convicted of an offence which, by reason of its nature, gravity or circumstances, renders the member unfit to serve as a member of the Council;
(3)the member ceased to be an employee of the government ministry or an employee or member of the body that the member represents on the Council;
(4)in respect of a public representative – if the member was appointed to be a State employee.
(b)Where an indictment has been filed against a member of the Council for an offence which, by reason of its nature, gravity or circumstances, renders the member unfit to serve as a member of the Council, the Minister may suspend the member from office until the conclusion of the proceedings in the member's matter and appoint a substitute for the duration of the suspension period, in accordance with the provisions of section 5.

Removal from Office of a Council Member§

12.
(a)The Minister may, after consulting with the chairperson of the Council, remove a member of the Council from office before the end of the member's term of office for any of the following reasons:
(1)the member is permanently unable to fulfil the member's duties;
(2)the member was absent from three consecutive meetings, or from four meetings within one year, of the Council.
(b)Before the Minister decides to remove a member of the Council from office as provided in subsection (a), the member of the Council shall be given an opportunity to present the member's arguments in that regard.

Dissolution of the Council§

13.
(a)If the Minister considers that the Council is not properly fulfilling its functions, the Minister shall notify the Council in a written notice sent to the chairperson of the Council that if, within a period to be determined, the Council does not fulfil what is required of it in accordance with the provisions of this Law, as the Minister has detailed in the Minister's demand, the Minister will dissolve the Council.
(b)If the Council has not fulfilled what is required of it as provided in subsection (a) within the period determined by the Minister in the Minister's notice, the Minister may order the dissolution of the Council.

Constitution of a New Council§

14.

If the Minister has decided to dissolve the Council as provided in section 13, a new council shall be appointed, in the manner prescribed in section 5, within sixty days of the date of dissolution.

Validity of Actions§

15.

The existence of the Council, its powers and the validity of its decisions and actions shall not be affected by reason of a vacancy in the seat of one of its members or by reason of a defect in the appointment or continuation of office of a member, provided that a majority of the members of the Council are lawfully serving.

Reimbursement of Expenses§

16.

Members of the Council shall not be entitled to remuneration for their membership of the Council, but shall be entitled to reimbursement of expenses incurred in the performance of their duties, as the Minister shall determine with the consent of the Minister of Finance, provided that they are not entitled to receive reimbursement of expenses from another source.

Appointment of the Director§

17.
(a)The Council, with the approval of the Minister, shall appoint a Director General for the Centre, after having conducted a process for identifying candidates (in this Law – the Director).
(b)The Director shall be appointed for a period of four years, and may be reappointed, with the approval of the Minister, for three additional terms of office as aforesaid.

Functions of the Director§

18.

The functions of the Director are –

(1)to manage the Centre – the Site, the Institute and the Archive;
(2)to implement the decisions of the Council;
(3)to prepare the annual work plan and the proposed annual budget, and to bring them before the Council for approval;
(4)to report to the Council on the activities of the Centre – the Site, the Institute and the Archive.

Expiry of the Director's Office and Suspension§

19.
(a)The Director shall cease to hold office before the end of the Director's term of office in any of the following circumstances:
(1)the Director resigned by delivering a letter of resignation to the Minister and to the chairperson of the Council;
(2)the Council decided to terminate the Director's office by a majority of at least two-thirds of all its members;
(3)the Director was convicted of an offence which, by reason of its nature, gravity or circumstances, renders the Director unfit to serve as Director.
(b)Where an indictment has been filed against the Director for an offence which, by reason of its nature, gravity or circumstances, renders the Director unfit to serve as Director, the Minister may suspend the Director from office until the conclusion of the proceedings in the Director's matter, and a substitute shall be appointed for the duration of the suspension period, in accordance with the provisions of section 17(a).

Internal Auditor§

20.

The Council shall appoint for the Centre an internal auditor who shall act in accordance with the provisions of the Internal Audit Law, 5752-1992; the internal auditor shall submit to the Council a report on the auditor's findings.

Establishment of the Site and Its Contents§

21.

The Centre shall establish a commemoration site for the heritage of Gush Katif, which shall include a permanent exhibition presenting the settlement in Gush Katif, including information on the communities, on the lives of the residents and on coping with the challenges of the period.

Activities for the Public§

22.

Commemoration activities and education and information activities related to the matters referred to in section 21 shall be held at the site on a regular basis.

Establishment of the Institute§

23.

The Centre shall establish a research institute; the institute shall act to deepen, enrich and disseminate knowledge on all matters related to the settlement in Gush Katif and its heritage, including information on the communities, on the lives of the residents and on coping with the challenges of the period.

Activities of the Institute§

24.

The institute shall carry out activities for the promotion of the purposes of this Law, including research groups, research seminars, public lectures and conferences, as well as activities for the collection of material related to the archive and to the other activities of the Centre.

Library§

25.

The institute shall maintain and operate a research and reference library in the fields of activity of the institute as referred to in sections 23 and 24.

Publications§

26.

The institute shall publish publications in its fields of activity, such as books, research papers and publications by various means, including in print, in films and in photographs, and shall also establish and operate a website presenting the activities of the Centre.

Establishment of the Archive§

27.

The Centre shall establish an archive; the archive shall form part of the State Archives and the provisions of the Archives Law, 5715-1955, shall apply to it.

Treatment of Archival Material§

28.
(a)The treatment of archival material directly relating to Gush Katif that has been transferred to the archive as referred to in subsection (b) or that has been collected by the Centre shall be under the authority of the archive.
(b)The Minister, after consultation with the State Archivist and with the Director of the Centre, shall prescribe by Regulations the categories of archival material held in the State Archives or in a State institution that shall be transferred to the archive.
(c)Archival material as referred to in subsection (b) shall be transferred to the archive, as an original or in copy, in the manner directed by the State Archivist.

Head of the Archive§

29.

The head of the archive shall be appointed by the Director, with the approval of the State Archivist, and shall receive instructions and guidance in professional matters from the State Archivist.

Conflict of Interests§

30.
(a)A person who is liable to find himself, directly or indirectly, in a situation of conflict of interests between his role as such and a personal interest of his or another role of his, shall not be appointed and shall not serve as a member of the Council, as a member of a committee or as Director.
(b)A member of the Council, a member of a committee, the Director or an employee of the Centre (in this section – a member) shall refrain from participating in a discussion and from voting at meetings if the matter under discussion is liable to cause him to find himself, directly or indirectly, in a situation of conflict of interests between his role and a personal interest of his or another role of his; a member shall not deal, in the framework of his role at the Centre, with such a matter outside of meetings as well.
(c)If it becomes apparent to a member that a matter being discussed at a meeting or being dealt with by him is liable to cause him to find himself in a situation of conflict of interests as referred to in subsection (b), he shall notify the Chairperson of the Council, the Chairperson of the committee or the Director, as the case may be.
(d)For the purposes of this section, it is immaterial whether the performance of the other role is for remuneration or without remuneration.
(e)In this section –

"personal interest" – including a personal interest of a relative of the member or an interest of a body that the member or a relative of his manages or in which they are responsible employees, or an interest of a body in which any one of them holds a share of the share capital, a right to receive profits, a right to appoint a director or a voting right;

"relative" – a spouse, parent, child, brother or sister or another person who is dependent on the member, and the spouse of each of them.

Real Property§

31.

The State shall make available to the Centre the real property required for its activities and for the activities of the site, pursuant to a decision of the Government or of a Minister whom the Government shall authorise for that purpose.

Financing of Activities§

32.

The establishment of the Centre and its activities, including expenditure for the maintenance of the real property as referred to in section 31, shall be financed to the extent required for the expenses of its existence, maintenance, development and management of the totality of its activities, from the State budget, in an amount of not less than NIS 4,500,000 per year, and also from donations and from revenues that the Centre may receive.

Budget§

33.

The Council shall approve a proposed annual budget and shall submit it to the Minister and to the Minister of Finance for their approval.

Employees§

34.

The conditions of employment of employees of the Centre shall be as those of State employees in parallel positions, with such adjustments as the Minister shall prescribe, in consultation with the Council and with the approval of the Minister of Finance.

Prohibition of Transfer of Assets§

35.
(a)The Centre shall not be entitled to sell or otherwise transfer an asset in its ownership, except for assets whose particulars, including their categories and their value, have been prescribed by Regulations, save with the approval of the Minister.
(b)The Centre shall not be entitled to pledge an asset in its possession or to lease it for a period exceeding ten years, save with the approval of the Minister; for this purpose, "to lease it for a period exceeding ten years" – includes a lease that confers a right to renew it or to extend it, or a lease for an additional period, which together with the preceding lease periods jointly exceed ten years.
(c)The Centre shall not take a loan exceeding an amount prescribed by the Minister by Regulations, save with the approval of the Minister and the Minister of Finance.

Implementation and Regulations§

36.

The Minister is responsible for the implementation of this Law and may make Regulations in respect of any matter relating to its implementation.

Commencement§

37.
(a)This Law shall come into force, except for section 5, six months from the day of its publication (hereinafter – the commencement day).
(b)The Council shall be appointed pursuant to section 5 before the commencement day; however, the representative of the local authority within whose area the Centre operates as referred to in section 5(5) shall be appointed after the local authority has been determined for that purpose, even if that date is later than the commencement day, and the provisions of section 15 shall apply, with the necessary modifications.

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