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The Land Transfer Regulation in Palestine before 1948 (Nakba) & (a) The method of administration, British Mandate: A Survey of Palestine: Volume I - Page 260. Chapter VIII: Land: Section 7
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Posted on October 28, 2007
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British Mandate: A Survey of Palestine
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Posted by Webmaster on June 2, 2013 #150422

CHAPTER VIII.

aries of the land the Agency desired to have and explained the purposes for which the land was intended. The committee submitted their report in October, 1945. This report indicated that there is very little State Domain in the "free" zone which has not already been leased on long term and which can be made available immediately for the settlement of Jewish ex-servicemen. In the result it appears that the lands which it may be possible to offer the Jewish Agency are limited to certain areas in the Tulkarm sub-District, none of which exceeds a few hundred dunums in extent, and an area of about 6,000 dunums of sand dunes in Yibna village, Jaffa sub-District. The practicability of making these areas available is still under consideration.

Section 7.

THE LAND TRANSFERS REGULATIONS, 1940. (a) The method o! administration.

87. In paragraph 16 of the White Paper of May, 1939, it was stated that "the Administration of Palestine is required, under Article 6 of the Mandate, "while ensuring that the rights and position of other sections of the population are not prejudiced", to

encourage "close settlement by Jews on the land " and that

the "reports of several expert Commissions have indicated that, owing to the natural growth of the Arab population and the steady sale in recent years of Arab land to Jews, there is now in certain areas no room for further transfers of Arab land, whilst in some other areas such transfers of land must be restricted if Arab cultivators are to maintain their existing standard of life and a considerable landless Arab population is not soon to be created". It was determined that "in these circumstances, the High Commissioner will be given general powers to prohibit and regulate transfers of land".

88. Under the Palestine (Amendment) Order-in-Council of 25th May, 1939 *, a new Article conferred on the High Commissioner these general powers. This Article reads as follows :

"16D-(l) The High Commissioner may make regulations prohibiting, restricting or regulating transfers of land in Palestine or in any part thereof.

(2) Without prejudice to the generality of the provisions of the foregoing paragraph, it is hereby declared that any such regulations may -
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* Laws of 1939, Vol. II, page 459.

Page 260