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Railways Ordinance [New Version], 5732-1972

פקודת מסילות הברזל [נוסח חדש], תשל"ב-1972

Published: 1972-03-23Last amended 2026-03-31✓ Amendment status checked against the Knesset legislation record on 2026-09-29
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Chapter III: Transport Arrangements

Tickets§

16.
(a)No person shall enter, for the purpose of travel, a carriage serving on a line unless that person has paid the fare in advance and received a ticket.
(b)A person wishing to travel on a line shall receive, upon payment of the fare, a ticket indicating the place of origin and the destination of the journey for which the fare was paid.
(c)A passenger shall, upon request, present the ticket to any railway officer duly authorised to inspect tickets, and shall, upon request, surrender the ticket to a railway officer duly authorised to collect tickets.
(d)The operator of the railway may give a person or a class of persons an authorisation, or a voucher, for travel free of charge, in lieu of a ticket, and for the purposes of this section and section 17 the authorisation or the voucher shall be deemed to be a ticket.

Passenger without a Ticket§

17.
(a)A passenger without a ticket, or who does not present or surrender the ticket as referred to in section 16, shall be liable to pay the fare for the distance travelled plus a monetary penalty prescribed by the Minister in Regulations, provided that it shall not exceed NIS 250 or a higher amount prescribed by the Minister with the approval of the Economics Committee of the Knesset; in such Regulations the Minister may prescribe the monetary penalty at different rates, having regard, inter alia, to the type of line, the fare or the time of payment, and may also prescribe circumstances in which a person shall be exempt from payment of the monetary penalty.
(b)Where doubt arises as to the place from which the passenger departed, the fare shall be calculated from the place from which the train departed.
(c)The fare and the monetary penalty under this section (hereinafter – the increased charge) shall be paid on demand to a railway officer duly authorised to collect tickets, and the railway officer shall transfer them to the body that authorised that officer as aforesaid.
(d)
(1)If the increased charge is not paid on the spot, upon the demand of the railway officer as referred to in subsection (c), the railway officer shall deliver to the person liable for payment a written demand to pay the increased charge within 30 days from the date of delivery of the demand as aforesaid (hereinafter – payment demand);
(1a)Delivery of a payment demand to the person liable as referred to in paragraph (1) shall be deemed to constitute delivery of a warning under section 81a1(b) of the Execution Law, 5727-1967 (in this section – warning), of the intention to submit the payment demand for execution by the Execution Office as a claim for a liquidated sum if the increased charge is not paid within the time referred to in that paragraph;
(2)the payment demand shall state that its delivery is deemed to constitute delivery of a warning and that the person liable is entitled to submit an objection to the claim if it is submitted;
(3)if the increased charge is not paid within the time referred to in paragraph (1), shekel interest as defined in the Interest and Indexation Law, 5721-1961, shall be added thereto for the period of arrears until the date of its payment, and the provisions of that Law shall apply in respect of such interest, with the necessary modifications.
(e)(Repealed).
(f)(Repealed).
(g)The Minister of Justice may make Regulations for the implementation of subsection (d), including on the following matters:
(1)the text of the payment demand and the particulars to be stated therein;
(2)the methods of delivery and service of the payment demand on the person liable for payment;
(3)the time for payment of the increased charge;
(4)(Repealed).
(h)The amount referred to in subsection (a) shall be updated each year, on 1 January, in accordance with the rate of increase of the index last published before the date of update compared with the index for October 2001, and shall be rounded to the nearest new shekel; for this purpose, "the index" – the consumer price index published by the Central Bureau of Statistics.

Conditions and Arrangements for Travel and Carriage§

18.
(a)In this Chapter hereafter –

"goods" – including parcels and livestock;

"train" – (Repealed).

(b)Fares and freight charges paid for the transport of passengers or goods on a particular train shall be deemed to have been received on the express condition that there shall be room on that train for those passengers or goods.
(c)If there is not room for all of those passengers or goods, priority shall be given to passengers who purchased tickets for the greatest distance, and among passengers who purchased tickets for the same distance priority shall be according to the order of purchase; and the same applies in respect of goods.
(d)Soldiers on duty, mail bags and postal items shall have priority over the general public for transport on the line, without regard to the distance or order referred to in subsection (c).

Refusal to Carry Dangerous Items§

19.

A railway officer may refuse to carry a parcel if the officer suspects that it contains a dangerous or offensive item, and a railway officer may require it to be opened in order to ascertain its contents, and may detain the carriage of such a parcel, even if it was accepted for carriage by another railway officer, until the officer has ascertained to that officer's satisfaction the nature of its contents.

Sale on Account of Non-Payment of Freight Charges§

20.
(a)Where a person has been required to pay an amount due in respect of the carriage of parcels and has not paid, the operator of a national railway may detain them, in whole or in part, and sell them by public auction in order to cover the said amount and the costs of detention and sale, provided that the operator has given that person reasonable advance notice thereof.
(b)If the parcels have already been removed from the line, the operator of a national railway may deal with parcels of that person as referred to in subsection (a) in respect of parcels of that person that are at that time on the line or that subsequently come into the hands of the operator of the national railway.
(c)The balance of the proceeds of sale under this section and parcels that were not sold shall be delivered to the person entitled thereto.
(d)The provisions of this section do not derogate from the right of the operator of a national railway to bring an action for the amount due as aforesaid.

Declaration§

21.

Where goods have been brought to a line for carriage thereon or have been carried thereon, a railway officer may require the owner thereof or the person handling them to furnish a precise written declaration, signed by that person, as to their description and number or quantity; this provision shall not apply to personal luggage.

Storage of Goods at the Owner's Expense§

22.

Where goods have not been removed by the owner within the time prescribed by the operator of a national railway, the operator of a national railway may, if satisfied that it is necessary in order to prevent excessive congestion of traffic on the line, remove them and hold them at the owner's expense in a place that the operator considers appropriate, provided that notice to remove them as aforesaid was first given to the owner; if the owner or the owner's address is not known to the operator, the operator shall publish the notice publicly in a manner that appears to the operator to be appropriate.

Compensation for Loss and Damage§

23.
(a)No person shall be entitled to compensation for loss or damage to parcels accepted by the operator of a national railway for carriage on the line unless a claim was submitted to the operator in writing within one month from the day on which the parcels were received as aforesaid.
(b)Where the parcels were taken from the line and the consignee gave the railway officer who delivered them a receipt without reservation, no claim for damage to the parcels shall be admitted.

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Chapter III-A: Regulation, Licensing and Supervision in respect of a National Railway

Definitions – Chapter III-A§

23a.

In this Chapter –

"signaller" – a person who operates signalling systems required for the movement of trains on a national railway;

"training school" – a school for the training of office holders or holders of a licence to drive a national train;

"holder of a licence to drive a national train" – a person who holds a licence to drive a national train;

"office holder" – a training office holder or a railway office holder;

"training office holder" – a person who fills a training role and who meets the conditions for filling such a role under this Ordinance;

"railway office holder" – a person who fills a railway role and who meets the conditions for filling such a role under this Ordinance;

"line inspector" – a person who certifies the proper condition of a national railway;

"train depot inspector" – a person who certifies the proper condition of a national train and its fitness to travel on a national railway and who is responsible for the safety of operations in a train depot;

"passenger train inspector" – a person who is responsible for the safe operation of a national train carrying passengers in preparation for and during its travel on a national railway;

"operator" – the operator of a national railway;

"train depot" – an area designated for the operation and maintenance of a national train in which shunting operations may be performed;

"shunting", of a wagon or locomotive – including a change in their order;

"shunter" – a person who performs shunting operations;

"licence to drive a national train" – a licence granted in accordance with the provisions of section 23d;

"training role" – any of the following:

(1)examiner of candidates for a railway role or for the grant of a licence to drive a national train and also examiner of a railway office holder or holder of such a licence for the purpose of maintaining their ongoing fitness;
(2)mentor accompanying a candidate for the grant of a licence to drive a national train or a candidate for a railway role in the framework of practical training and in accordance with a training programme at a training school, who holds such a licence or is a railway office holder corresponding to the type of licence or role that the candidate seeks to obtain or fill, all as the case may be;
(3)instructor and trainer of candidates for the grant of a licence to drive a national train or candidates for a railway role and also instructor and trainer of holders of such a licence or holders of such roles in accordance with a theoretical and practical training programme at a training school, who meet the conditions for filling the role of mentor as referred to in paragraph (2);
(4)pedagogical supervisor who is responsible for the formulation and management of training of candidates for the grant of a licence to drive a national train or candidates for a railway role or of holders of a licence to drive a national train or railway office holders;
(5)professional director of a training school;

"railway role" – any of the following:

(1)signaller;
(2)line inspector;
(3)train depot inspector;
(4)passenger train inspector;
(5)shunter.

Operation of a National Railway in Accordance with an Approved Operating Plan§

23b.
(a)No person shall operate a national railway except in accordance with an operating plan approved by the Director.
(b)An operating plan shall include obligations on the matters listed below and also obligations on matters prescribed by the Minister under section 57(a)(7a) and obligations under law:
(1)a plan for the management of safety on the national railway, including the handling of safety incidents and exceptional incidents, their investigation and the handling of the line at the time of their occurrence; for this purpose, "safety incident" – as defined in section 46ac as applied by section 23m;
(2)screening and recruitment procedures and the training plan to be undergone by holders of a licence to drive a national train under section 23d and railway office holders under section 23g in the framework of the operator or in the framework of a training school, including the types of training office holders who will deliver the training and their experience, and the measures to be taken by the operator for the purpose of supervision and enforcement in respect of licence holders and office holders as aforesaid, including enforcement of the Director's instructions given in accordance with the provisions of section 23e;
(3)the conditions for the operation and maintenance of the national railway and the measures required for the proper operation of the line, including –
(a)the rolling stock fleet and road vehicles, their scope, composition, maintenance and renewal;
(b)technological means, including means for monitoring the movement of the national train, fleet management systems in real time, and technological means that will enable monitoring of compliance with the operating plan;
(4)the operational arrangements for the national railway, including the conditions for the transport of passengers and their luggage on the national train and the conditions for the carriage of freight on the national train;
(5)the infrastructure required for the operation of the national railway, including stations, places for parking the national train and train depots;
(6)the level, standard and quality of the services that an operator is required to provide, including timetables and customer service;
(7)the technological means required for the purpose of transferring information to the operator's customers in all matters relating to the movement of the national train, including public information systems, their operation and maintenance, the manner of transmitting the information for the purpose of its reception in information and operations systems, and also the manner of implementing the provisions under section 53a;
(8)the manner of transmitting reports to the Director regarding the operator's activity, in the matters and at the times prescribed under this Ordinance or as required by the Director, including in respect of the operator's compliance with the conditions of the operating plan, and also the measures required for the purpose of transmitting such reports.

Obligation to Drive a National Train under a Licence§

23c.
(a)No person shall drive a national train unless the Director has granted that person a licence to drive a national train under the provisions of this Chapter, and in accordance with the conditions and restrictions prescribed in the licence under section 23d(b).
(b)The Minister may prescribe cases or circumstances in which a person shall be exempt from the obligation to obtain a licence to drive a national train or from meeting one of the conditions for obtaining such a licence under this Ordinance, subject to conditions to be prescribed, and may also prescribe cases or circumstances in which the Director may exempt a person from the obligation to obtain a licence or from meeting one of the conditions as aforesaid, subject to conditions to be prescribed.

Conditions for the Grant or Renewal of a Licence to Drive a National Train§

23d.
(a)The Director shall grant an applicant a licence to drive a national train or shall renew it, if satisfied that the conditions prescribed by the Minister under subsection (b) and under section 57(a) are met by the applicant.
(b)The Minister shall prescribe conditions for the grant of a licence to drive a national train or for its renewal, including, inter alia, conditions in respect of the following matters, and may prescribe different conditions for different categories of licences:
(1)a minimum age requirement for the applicant;
(2)the education, training, skill, knowledge and professional experience required for the purpose of obtaining the licence, including recognition of training and experience acquired outside Israel;
(3)conditions in respect of the physical, health and mental fitness required of the applicant, and the procedures for examining such fitness;
(4)circumstances that are capable of indicating that the grant of a licence to drive a national train is likely to cause a safety hazard and that accordingly it is not appropriate to grant the applicant such a licence.
(c)The Director may decline to grant a licence to drive a national train or to renew it if the applicant has been convicted of an offence prescribed under section 57(a)(7k), or if an indictment for suspected commission of such an offence is pending against the applicant.
(d)The provisions of section 46u shall apply in respect of a licence to drive a national train, with the necessary modifications.

Powers of the Director in respect of a Licence to Drive a National Train§

23e.
(a)If the Director is satisfied that it is required for reasons of safety, the Director may give the holder of a licence to drive a national train instructions necessary for the maintenance of driving safety, as well as instructions requiring the licence holder to receive guidance, as the Director shall direct; such instructions shall be given in writing; where the Director has given such instructions, the Director shall transmit notice thereof to the operator together with those instructions.
(b)The provisions of section 46ab shall apply in respect of the powers of the Director under this section and section 23d, and under sections 46v and 46w as applied by section 23f.

Provisions in respect of the Restriction, Suspension, Disqualification or Refusal to Renew a Licence to Drive a National Train§

23f.

The provisions of sections 46v(a), (b), (e) and (f), 46w and 46x shall apply in respect of a licence to drive a national train, with the necessary modifications, and in respect of section 46v – also with the following modifications:

(1)in subsection (a) –
(a)in paragraph (3), instead of "under section 46s" read "under section 23d";
(b)in paragraph (4), instead of "under this Section" read "under this Ordinance";
(c)in paragraph (5), instead of "in section 46ac" read "in section 46ac as applied by section 23m";
(2)in subsection (f), instead of "the holder of the operating permit" read "the operator of a national railway".

Conditions for Performing a Railway Function and a Training Function§

23g.
(a)A person may perform a railway function on a national railway if that person holds the education set out in the Schedule, meets the conditions prescribed under section 57(a), and also meets conditions prescribed by the Minister in respect of the following matters:
(1)conditions in respect of the physical, health and mental fitness required to perform the function, and the procedures for examining such fitness;
(2)conditions that take into account the criminal convictions of the candidate for the function or of the function holder, in respect of offences prescribed under section 57(a)(7k); Regulations under this paragraph require the approval of the Economics Committee of the Knesset;
(3)conditions in respect of the training, skill, knowledge and professional experience required for the function, including provisions in respect of recognition of training and experience acquired outside Israel; in Regulations under this paragraph the Minister may prescribe different conditions for different categories of functions.
(b)A person may perform a training function in respect of a national railway if that person meets the conditions under subsections (a)(2) and (3) and (c) and under section 57(a), and, in respect of a training function that includes practical training – also the condition under subsection (a)(1).
(c)The Minister, after consulting with the Minister of Labour, Welfare and Social Services and with the approval of the Economics Committee of the Knesset, shall prescribe provisions in respect of the education required of holders of training functions, all or some of them, and may prescribe in that manner different provisions for different categories of training functions.
(d)For the purpose of examining whether the conditions under the provisions of subsection (a)(2) are met, the Director shall transmit to the operator a notice indicating solely whether the candidate for the function or the function holder meets those conditions.

Provisions in respect of the Continuing Competence of a Function Holder and of the Holder of a Licence to Drive a National Train§

23h.

A function holder and the holder of a licence to drive a national train shall participate from time to time in professional development courses for the purpose of maintaining their continuing competence, including by being required to pass examinations, all in accordance with provisions prescribed by the Minister.

Licence to Operate a Training School§

23i.
(a)A person shall not operate a training school unless that person has received a licence to do so from the Director and in accordance with the conditions of the licence.
(b)The Director shall grant a licence to operate a training school if satisfied that the following conditions are met by the licence applicant, and may grant different licences for different categories of training or for different categories of function holders or holders of a licence to drive a national train:
(1)the conditions under section 23g(a)(2) in respect of the criminal convictions of the licence applicant are not met in relation to the applicant;
(2)the licence applicant has entered into a contract with holders of training functions to instruct at the school that the applicant operates, provided that they meet the conditions under section 23g(a)(2) and (3), and, in respect of practical training functions – also the condition under section 23g(a)(1);
(3)additional conditions prescribed by the Minister for the grant of a licence to operate a training school in respect of the matters listed below, and the Minister may prescribe different conditions for different categories of licences:
(a)the number of holders of training functions required for the provision of the training, their categories and the experience required of them;
(b)the buildings, means and installations required for the conduct of the training;
(c)the study curricula;
(d)the level of training at the school and the manner of supervision to be exercised at the school over the study curricula;
(e)the operating procedures of the school for the purpose of ensuring the professional standard of the training to be provided therein.
(c)The Director shall publish on the Ministry's website a list of training schools that hold valid licences under this section, which shall include, inter alia, their particulars, the expected date of commencement of their operation if it has not yet commenced, and the categories of training included in their licences; information under this subsection shall be updated from time to time.
(d)
(1)Where a licence holder to operate a training school has decided that it intends to conclude the school's activity or to suspend its activity for a period exceeding 90 days, the licence holder shall transmit notice to the Director, at least 180 days in advance, of the date of conclusion of the school's activity or of the date of commencement of the suspension of its activity and of its conclusion, as the case may be, and the Director shall publish notice thereof on the Ministry's website;
(2)Notwithstanding the provisions of paragraph (1), a licence holder to operate a training school shall not be required to transmit notice to the Director at the time specified in that paragraph if the licence holder is required to conclude or suspend without delay the school's activity due to circumstances beyond its control, provided that the licence holder transmits such notice as early as possible before the conclusion or suspension of the activity;
(3)Where a licence holder to operate a training school has given notice of the conclusion of the school's activity, the licence holder shall deliver to the Director the licence to operate the school within three working days of the date of conclusion.
(e)The Minister may prescribe provisions in respect of the obligation of a licence holder to operate a training school to ensure the maintenance of the continuing competence of the holders of training functions on its behalf, in respect of the matters prescribed under subsection (b)(3)(a).

Obligation to Train at a Training School§

23j.

Training as listed below shall be provided at a training school, unless the training is provided by an operator in accordance with an operating programme approved under section 23b(a):

(1)training for the purpose of obtaining a licence to drive a national train as referred to in section 23d;
(2)training for the purpose of performing a function as referred to in section 23g;
(3)training for the purpose of maintaining continuing competence in accordance with provisions under section 23h.

Revocation, Suspension or Restriction of a Licence to Operate a Training School§

23k.
(a)The Director may, by a reasoned decision in writing and subject to the provisions of subsection (b), revoke a licence to operate a training school, suspend it until conditions to be prescribed have been fulfilled, or restrict it, after having given the licence holder an opportunity to state arguments in the matter, if one of the following has occurred:
(1)the licence was granted on the basis of false information;
(2)the licence was granted on the basis of incorrect information and there is reasonable grounds to assume that had the Director known the information to be incorrect, the licence would not have been granted;
(3)a condition of the conditions for the grant of the licence under section 23i has ceased to be met in the licence holder;
(4)the licence holder has breached a condition or restriction in the licence or a condition or restriction applicable to the licence holder under this Ordinance;
(5)the licence holder, and if the licence holder is a corporation – also a senior office holder therein, has been convicted of an offence that, by reason of its nature, gravity or circumstances, renders them unfit in the opinion of the Director to operate a training school or to serve as an office holder therein, as the case may be, or an indictment for suspected commission of such an offence is pending against them; for this purpose, "senior office holder" – as defined in section 46;
(6)a winding-up order, an interim winding-up order, a receivership order or a stay of proceedings order under any law has been made in respect of the licence holder.
(b)The Director shall not revoke a licence to operate a training school or suspend it under the provisions of subsection (a)(3) or (4), unless the Director has first required the licence holder to fulfil the condition or comply with the provision that has ceased to be met or has been breached as referred to in that subsection, within a period prescribed by the Director, and the licence holder has failed to do so; the provisions of this subsection shall not apply if it is not possible to fulfil the condition or comply with the provision that has ceased to be met or has been breached.
(c)The Director's decision under this section shall be served on the licence holder.
(d)Where a licence to operate a training school has been revoked, suspended or restricted under this section, the Director shall update the list of holders of valid licences published under section 23i(c), in accordance with the following provisions:
(1)where the licence has been revoked – the name of the licence holder shall be removed from the list;
(2)where the licence has been suspended – only the fact that the licence has been suspended and the period of suspension, to the extent prescribed, shall be noted alongside the licence holder's name;
(3)where the licence has been restricted – only the restrictions that have been prescribed and the period during which those restrictions shall apply, to the extent prescribed, shall be noted alongside the licence holder's name.

Supervisory Powers on a National Railway§

23l.

The Minister may authorise, from among the employees of the Ministry, inspectors who shall act in accordance with the Director's instructions, for the purpose of supervising the implementation of the provisions under this Chapter, in whole or in part; the provisions of Section J in Chapter IV-A shall apply, with the necessary modifications, in respect of the authorisation of inspectors as aforesaid and their powers and in respect of the exercise of supervisory powers by the Director.

Provisions in respect of Safety Occurrences on a National Railway§

23m.
(a)The provisions of Section I in Chapter IV-A shall apply in respect of a national railway and in respect of an operator, with the necessary modifications and with the following modifications:
(1)in section 46ac, in the definition "accident", at the end thereof read "or to the environment, as well as a sudden and undesired occurrence or chain of occurrences as a result of which damage is caused, including a collision, derailment and fire; for this purpose, 'derailment' – the descent of a national train or a wheel of such a train from the track lines of a national railway";
(2)in section 46ad(c), instead of "in January" read "in March";
(3)in section 46ae(a), at the end thereof read "subject to the provisions of section 23m(b)";
(4)section 46ah – shall not be read.
(b)Notwithstanding the provisions of subsection (a), where a serious safety occurrence has taken place, the Minister may establish a committee for the examination of the occurrence (in this section – the Examination Committee), which shall include at least three members with appropriate knowledge and expertise for examining the safety occurrence, subject to the following provisions:
(1)the chairperson of the Examination Committee shall be a faculty member of an academic institution, or a person with expertise or experience in the investigation and examination of safety occurrences on a national railway, or of occurrences having similar characteristics in terms of their implications for safety, even if they do not relate to a national railway;
(2)the Director, or an inspector on behalf of the Director who has been authorised in accordance with the provisions of section 23l, shall be a member of the Examination Committee.
(c)
(1)A person who is likely to find themselves, directly or indirectly, on a recurring basis, in a situation of conflict of interests between their membership of the Committee and a personal interest of theirs or another function of theirs, whether for remuneration or otherwise, shall not be appointed to or serve as a member of the Examination Committee;
(2)A member of the Examination Committee shall refrain from participating in a discussion or vote at meetings of the Committee if the matter under discussion is likely to cause the member to find themselves, directly or indirectly, in a situation of conflict of interests between their function as a member of the Committee and a personal interest of theirs or another function of theirs, whether for remuneration or otherwise; where it becomes apparent to a member of the Examination Committee that the matter under discussion is likely to cause the member to be in a situation of conflict of interests as aforesaid, the member shall notify the chairperson of the Committee thereof; where the Committee member is the chairperson of the Committee – the member shall notify the Minister thereof;
(3)For the purpose of this subsection, a member of the Examination Committee who is an employee of the Ministry shall not be regarded as being in a situation of conflict of interests solely because that member also takes into account the interests of the Ministry;
(4)In this subsection –

"personal interest" – including a personal interest of a relative;

"relative" – a spouse, parent, child, brother or sister, or another person dependent on the Examination Committee member.

(d)Where the Minister has established an Examination Committee, the following provisions shall apply:
(1)the Director may exercise the Director's powers in accordance with the provisions of Section I in Chapter IV-A, as applied by subsection (a), to the extent that they are not vested in the Examination Committee as referred to in paragraph (2) and subject to the provisions of paragraph (3);
(2)the Examination Committee shall be vested with the powers vested in the Director under sections 46ae(b) to (e), 46af, 46ag(a) and (c) and 46ai, as applied by subsection (a), and they shall be exercised through the Director or an inspector on behalf of the Director who is a member of the Examination Committee as referred to in subsection (a);
(3)reports under section 46ad(a)(3), as applied by subsection (a), shall be transmitted to the Examination Committee.
(e)Where a safety occurrence has taken place on a national railway and has been investigated or examined by the Director or the Examination Committee, and the officer in charge of the investigation in respect of that safety occurrence in the Israel Police considers that a suspicion arises of the commission of an offence related to the safety occurrence, that officer may instruct the Director or the Examination Committee through the Director, as the case may be, not to exercise their powers under this section or to exercise their powers as aforesaid in coordination with the Israel Police, all where this is required in order to prevent obstruction of criminal investigation proceedings or harm to such an investigation.
24.§

(Repealed — תיקון מס' 6, 2011)

25.§

(Repealed — תיקון מס' 6, 2011)

26.§

(Repealed — תיקון מס' 6, 2011)

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