AI English Translation, Pages 201-225
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File Number: 548/3/102
Decision Number: - 2
Decision Date: 20 / 9 / 1964
Seizure Decision
The Third Kirkuk Seizure Committee met on 20-9-1964 under the chairmanship of Mr. Abdul Abbas Karim Hassan
and the membership of Mr. Muzahim Ibrahim, Director of Taza Khurmatu Sub-district, the administrative member, and Mr. Jamal Ibrahim, the member
surveyor, to issue the seizure decision on what exceeded the maximum limit prescribed by law from the lands of the declarant Ibrahim Wahab Hussein Agha
whose submission to seizure was announced by the decision of the High Commission for Agrarian Reform published in the Official Gazette under number
837 and dated 4-8-1963, and based on Articles One and Four of the Agrarian Reform Law No. 30 of 1958
and its amendments and the instructions issued thereunder, and after noting what was stated in the seizure report dated 14-9-1964
the committee issued its following decision: -
First: -
1 - That the plot numbered 2/2 of the district numbered 29/ Maryam Bek, currently belonging to Taza Khurmatu Sub-district and formerly
Kirkuk Center, has devolved by consensual division to the declarant Ibrahim Wahab Hussein Agha as shown in the letter of the Land Registry Directorate
of Kirkuk Province numbered 3064 and dated 22-8-1964.
2 - That each of the plots numbered 27, 28, 29, 30, 31, and 32 of the district numbered 28/ Awayna Sayyid Ali has
devolved anew to the declarant Ibrahim Wahab Hussein Agha as shown in the letter of the Land Registry Directorate of Kirkuk Province numbered 3064
and dated 22-8-1964.
Second - Exclusion
The committee approved what the declarant Ibrahim Wahab Hussein Agha requested to retain within the maximum limit prescribed by law
and excluded for him the plot numbered 2/4, with a total area of (2000 / -) dunams, partitioned by the committee from the
original plot numbered 2/2 of the district numbered 29/ Maryam Bek, currently belonging to Taza Khurmatu Sub-district and formerly Kirkuk Center
with a total area of (2112 / -) dunams. This partitioned plot is of the Miri land category granted by Lazma
and its descriptions are agricultural lands, its irrigation method is rain-fed, and its ownership belongs independently to the declarant Ibrahim Wahab Hussein Agha, and it is
subject to a tithe of 1/30 of the crops for the Kirkuk Endowments Department, and its boundaries and abstract rights are as marked on the map.
Third - Seizure
1 - The committee decided to seize the plot numbered 2/3 with an area of (112 / -) dunams, partitioned by the
committee from the original plot numbered 2/2 of the district numbered 29/ Maryam Bek, currently belonging to Taza Khurmatu Sub-district and formerly
Kirkuk Center, with a total area of (2112 / -) dunams. This partitioned plot is of the Miri category granted by Lazma
and its descriptions are agricultural lands, its irrigation method is rain-fed, and its ownership belongs independently to the declarant Ibrahim Wahab Hussein, and it is subject to a tithe
of 1/30 of the crops for the Kirkuk Endowments Department, and its boundaries and abstract rights are as marked on the map.
2 - The committee decided to seize the plot numbered 27/ with a total area of (20.68 / -) dunams from
the district numbered 28/ Awayna Sayyid Ali, currently belonging to Taza Khurmatu Sub-district and formerly Kirkuk Center. Its category is Miri
delegated by Tapu, its descriptions are agricultural lands, its irrigation method is rain-fed, and its ownership belongs independently to the declarant Ibrahim Wahab
Hussein Agha, and it is subject to a tithe of 1/30 of the crops for the Kirkuk Endowments Department, and its boundaries and abstract rights are as
marked on the map.
3 - The committee decided to seize the plot numbered 28 with an area of (8.20 / -) dunams from the district numbered
28/ Awayna Sayyid Ali, currently belonging to Taza Khurmatu Sub-district and formerly Kirkuk Center. Its category is Miri granted by Lazma
and its descriptions are agricultural lands, its irrigation method is rain-fed, and its ownership belongs independently to the declarant Ibrahim Wahab Hussein Agha, and it is
subject to a tithe of 1/30 of the crops for the Kirkuk Endowments Department, and its boundaries and abstract rights are as marked on the map.
4 - The committee decided to seize the plot numbered 29 with a total area of (- / 42 / -) dunams. Its category is
Miri granted by Lazma, its descriptions are agricultural lands, its irrigation method is rain-fed, and its ownership belongs independently to the declarant Ibrahim Wahab
Hussein Agha, and it is subject to a tithe of 1/30 of the crops for the Kirkuk Endowments Department, and its boundaries and abstract rights are as
marked on the map.
5 - The committee decided to seize the plot numbered 30 with a total area of (6.7 / -) dunams from the district
numbered 28/ Awayna Sayyid Ali, currently belonging to Taza Khurmatu Sub-district and formerly Kirkuk Center. Its category is Miri granted by Lazma
and its descriptions are agricultural lands, its irrigation method is rain-fed, and its ownership belongs independently to the declarant Ibrahim Wahab Hussein Agha, and it is
subject to a tithe of 1/30 of the crops for the Kirkuk Endowments Department, and its boundaries and abstract rights are as marked on the map.
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6 - The committee decided to seize plot number 31, with a total area of (7/247/-) dunams, from
district number 28/ Owaynat Sayyid Ali, currently belonging to Taza Khurmatu sub-district and formerly Kirkuk center, classified as Miri
granted by Lazma, described as agricultural lands, rain-fed irrigation method, and its ownership belongs independently to the declarant Ibrahim Wahab
Hussein Agha, and it is encumbered by 1/30 of the crops for the Kirkuk Endowments Department, and its boundaries and abstract rights are as
indicated on the map.
7 - The committee decided to seize plot number 32, with a total area of (16/20/-) dunams, from
district number 28/ Owaynat Sayyid Ali, currently belonging to Taza Khurmatu sub-district and formerly Kirkuk center, classified as Miri
granted by Lazma, described as agricultural lands, rain-fed irrigation method, and its ownership belongs independently to the declarant Ibrahim Wahab
Hussein Agha, and it is encumbered by 1/30 of the crops for the Kirkuk Endowments Department, and its boundaries and abstract rights are as
indicated on the map.
Fourth:-
1 - Mahmoud Qadir Hussein, residing in Maryam Bek village belonging to Taza Khurmatu sub-district, is the farmer cultivating the plot
numbered 3/2, partitioned by the committee from the original plot
numbered 2/2 of district number 29/ Maryam Bek.
2 - Dawood Ahmed, Dhari Ahmed, and Hamid Jihad, residing in Maryam Bek village belonging to Taza
Khurmatu sub-district, are the farmers cultivating each of the plots numbered 27, 28, 29, 30, 31, and 32 of district number 28/
Owaynat Sayyid Ali.
The decision was issued based on Articles 1 and 4 of the Agrarian Reform Law No. 30 of 1958 and its amendments
and the instructions issued thereunder, subject to objection within thirty days from the date of its publication in the Official Gazette, and it was announced
publicly. Based on the presence of the representative of the temporary administration in the Agrarian Reform Directorate of Kirkuk Province, Mr. Zain al-Abidin Rashid,
the seized lands under this decision were handed over to him.
Jamal Ibrahim | Muzahim Ibrahim | Abdul Abbas Karim Hassan
Surveyor Member | Director of Taza Khurmatu Sub-district | Chairman of the Committee
Administrative Member
Zain al-Abidin Rashid | I have been notified of the content of this decision and received a copy of it
Agricultural Supervisor | The declarant Ibrahim Wahab Hussein Agha
Representative of the temporary administration in the
Agrarian Reform Directorate of Kirkuk Province | 9/26/1964
⟦line⟧
Decision Number:- 14
Decision Date:- 10/14/64
Seizure Decision
The First Baghdad Seizure Committee met on 10/12/1964, chaired by Mr. Saleh Hamoudi Obeida and with the membership of both Mr.
Abdul Karim Abdul Rahman, Director of Al-Rashidiya Sub-district, and Mr. Abdul Latif Abdul Karim, First Surveyor, for the purpose of issuing a seizure decision including a request
to correct the decision of the High Commission taken in its session held on 7/8/1964 regarding the ratification of the decision of the Second Baghdad Seizure Committee
numbered 13 on 8/25/962 regarding the seizure of what exceeded the legally prescribed maximum limit of the lands of the declarant Muhammad Jawad al-Haj Fayyad al-Ali, in implementation
of what was stated in the letter of the General Secretariat of the High Commission for Agrarian Reform No. 1629 on 7/11/1964, notified to the chairmanship of the Second Baghdad Seizure
Committee by the letter of the General Directorate of Seizure and Assessment No. 6902/21 on 7/12/1964 and referred to the chairmanship of this committee
by its letter No. Dh/2/9891 on 9/20/1964, and based on Articles 1, 4, 5, and 23 of the Law of
Agrarian Reform and Article 11 of the instructions of the High Commission for Agrarian Reform No. 13 of 959, and after reviewing the minutes of
seizure on 10/12/1964, the committee issued its following decision:-
First - Mr. Hamad Jawad al-Haj Fayyad al-Ali presented a customary deed dated 9/3/955 including his purchase and his brothers Ali, Ouda,
Sattam, and Sakban from their eldest brother, the declarant Muhammad, of common shares amounting to five shares out of six shares distributed equally among them in plots
1 of district 30, 1 of district 35, and 56 of district 31 within Al-Rashidiya sub-district. Thus, the declarant Muhammad also has one share
in each of the plots subject to the contract. The landowner, the declarant Muhammad, acknowledged the content of the presented contract and his thumbprint on it. Upon auditing the mentioned contract,
it was found to be endorsed on 9/3/955 by Mr. Muhammad al-Tayyar, acting director of Al-Adhamiya sub-district at that date, as established
by the administrative order issued by the Governorate of Baghdad Province under number 44. 33 and dated 11/2/955 sent to us with its letter No. 31940
on 10/5/1964.
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And since this endorsement is covered by the provisions of paragraph (1-h) of Article 456 of the Civil Code, which limited the reasons for establishing
the date officially, and the provisions of paragraph (1) of Article 5 of the Agrarian Reform Law, the committee decided to consider this informal document
officially dated before July 14, 1958.
Second - Requesting the Higher Committee for Agrarian Reform to correct its decision taken in its session held on 8/7/964 in ratifying
the seizure decision issued by the Presidency of the Second Baghdad Seizure Committee under No. 13 and dated 8/25/1962 regarding the sold shares belonging
to the land owner, the declarant Muhammad Jawad Al-Haj Fayyad Al-Ali, in plots 1 of District 30, 1 of District 35, and 6 of District
31 / Al-Rashidiya included in the seizure decision, and in whatever other matters it deems appropriate for the legal reason mentioned in the first paragraph of this decision.
Third - Granting the land owner and the buyers a period of three months to register the transaction in the Land Registry Department, starting from the date the
Higher Committee issues the decision to correct its decision referred to in the second paragraph above.
Fourth - This decision was issued based on the provisions of Articles 1, 4, 5, and 23 of the Agrarian Reform Law,
subject to objection within thirty days from the date of its publication in the Official Gazette.
Signed /
Abdul Latif Abdul Karim
First Surveyor
Signed /
Abdul Karim Abdul Rahman
Director of Al-Rashidiya Sub-district
Signed /
Saleh Hamoudi Obaida
Chairman of the First Baghdad Seizure Committee
⟦line⟧
Al-Hayy District Estimation Committee
Number / 2 / Estimation / 64
Date 10/19/964
« Estimation Decision »
Bashar Balasim Al-Yassin
The Al-Hayy District Estimation Committee was formed on 10/19/964 under the chairmanship of Mr. Ali, Judge of the Al-Hayy Court of First Instance, and the membership of Messrs. Abbas Kandoush,
Acting Manager of the Agricultural Bank in Kut, Tariq Al-Zubaidi, Head of the Agricultural Branch in Kut, Kamal Abbas, Director of Al-Hayy Finance, and Abdul Zahra
Hussein, Al-Hayy Land Registry Officer, and issued its following decision:-
The District Agrarian Reform Directorate, by its letter No. 6512 dated 9/19/964, referred a copy of the seizure decision
which has acquired final status regarding the declarant's shares of the lands and the two pumps belonging to the aforementioned declarant for the purpose of estimating their value. A letter from the
Al-Hayy Land Registry Office No. 1026 dated 10/12/964 was received, stating that the shares belonging to the aforementioned declarant in plots 1, 2/1, and 2/2 of District
16 Al-Sayeh devolved to him by transfer from the name of Ali Kamal Abdul Rahman on 5/7/940 for an amount of one thousand dinars. Accordingly, and based on the provisions of
Paragraph 1-3 of Article 6 of Law No. 65 of 963, and based on the opinion of the Agrarian Reform Cassation Body notified to us by the letter of the
General Directorate of Seizure and Estimation No. 9587 dated 9/13/964, which states that the estimation of the equivalent value of a partner's shares of
lands and their appurtenances does not apply to other partners, the committee conducted an inspection of the mentioned lands and pumps and decided his shares
thereof as recorded below, taking into account the date of the first seizure.
1 - An area of 372 donums, 16 olks, and 37 units, which is the remainder of his shares amounting to one share out of 32 shares, which
equals 1990 donums, 4 olks, and 81 units of plot number (1) District 16 / Al-Sayeh, whose total area is 63686 donums and 4 olks,
and its category is Miri (state land) delegated by Land Registry, which devolved to him by transfer. Its description is agricultural, irrigated by flow and by machinery, and of moderate fertility, at a rate of 3 dinars
per donum, and considering it as absolute ownership, the rate per donum shall be 2.250 dinars.
2 - An area of 218 donums, 6 olks, and 16 units, which is the area of his common shares amounting to one share out of 32 shares in plot
2/1, whose area is 6983 donums and 22 olks, partitioned by the committee from the original plot number 2 District 16 Al-Sayeh, whose
total area is 17799 donums. Its category is Miri delegated by Land Registry, which devolved to him by transfer. Its description is agricultural, irrigated by flow and by machinery,
of moderate fertility, at a rate of 3 dinars per donum, and considering it as absolute ownership, the equivalent rate per donum shall be (2.250) dinars.
3 - An area of 23 donums, 22 olks, and 9 units, which is the area of his common shares amounting to one share out of 32 shares of plot number
2/2, whose area is 764 donums and 7 olks, partitioned by the committee from the original plot number 2 of District 16 Al-Sayeh, whose
total area is 17799 donums and 9 units. Its category is Miri delegated by Land Registry, which devolved to him by transfer. Its description is agricultural, irrigated by flow and by machinery,
and of moderate fertility (3) dinars per donum, and considering it as absolute ownership, the equivalent rate per donum shall be (2.250) dinars.
4 - His common shares amounting to one share out of four shares of the pump of Ruston type, (75) horsepower, numbered
183009, and its centrifugal pump size 16 x 14, engine number (4), installed in plot (1) District 16 / Al-Sayeh, for an amount of (400) dinars
for his shares in the pump and 5 five dinars for his shares in the engine.
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5 - His common shares amounting to one share out of four shares of the Ruston type pump, (55) horsepower, without a number, with
its impeller size 12 x 14 inches and a fuel tank with a capacity of 24 gallons with its nozzle number (4) installed in plot (1) district 16 Al-Sayeh
for an amount of (300/-) dinars for his shares in the pump and (5/-) five dinars for his shares in the fuel tank and an amount of (10/-) ten dinars.
The decision was issued in the presence of both parties and was publicly understood.
Signed | Signed | Signed
Member | Member | President
Head of the Agricultural Branch | Director of the Agricultural Bank | Judge of the Al-Hayy Court of First Instance
in Kut | in Kut | Ali Oudah
Tariq Al-Zubaidi | Abbas Kandoush |
Signed | Signed |
Member | Member |
Director of Al-Hayy Finance | Al-Hayy Land Registry Officer |
Kamal Abbas | Abdul-Zahra Hussein |
⟦line⟧
Supplement to Seizure Decision No. (5) dated 30 / 7 / 1963
File numbers: 102 / 3 / 3072
102 / 3 / 3073
Decision Number - Supplement to Seizure Decision No. (5) dated: 30 / 7 / 963
Supplement Date: 24 / 10 / 964
Names of the declarants: Dakhil and Turki Rafsh bin Tashash
Region - Sub-district: Al-Rumaitha - Plot (32) of District (9) Al-Rumaitha
The Sixth Diwaniyah Seizure Committee, formed under Diwani Order No. 22523 dated 24 / 9 / 962, met on
Saturday, 24 / 10 / 964, chaired by Mr. Nouri Ghazala and with the membership of Mr. Ghanim Abdul-Latif, Acting Director of Al-Rumaitha Sub-district
(Administrative Member) and the Surveyor Member Mr. Ali Abd Al-Saadi, for the purpose of issuing a supplement to Seizure Decision No. (5) dated 30 / 7 / 1963
regarding the lands of the declarants Dakhil and Turki, sons of Rafsh bin Tashash, in Al-Rumaitha Sub-district, whose subjection to the law was announced in the Iraqi Gazette
issue number (790) on 7 / 4 / 963, and based on the provisions of Articles 1 and 28 of the Agrarian Reform Law No. (30)
of 1958 and its amendments and the instructions issued thereunder, especially the provisions of Instructions No. (13) of 1959 issued by the High Committee
for Agrarian Reform (Article 14 thereof), and after the committee reviewed the seizure minutes dated 7, 9, 10 / 7 / 963
and the supplementary minutes dated 20 / 10 / 64 and the previous seizure decision No. (5) dated 30 / 7 / 1963 and the letter of the General Directorate of Seizure and Appraisal
No. 9087 dated 1 / 9 / 964, it issued its following decision below:-
The committee found that it had previously issued its decision No. (5) dated 30 / 7 / 63 and set aside for each of the declarants Dakhil
and Turki, sons of Rafsh bin Tashash, the maximum limit prescribed for them by law, which is one thousand dunams of flow-irrigated lands, and therefore they may not be granted ownership
of other land based on the text of Article 1 of the Agrarian Reform Law No. (30) of 1958. It also appeared to the committee that it had indicated in paragraph
(5) of item second (The Solution) of the same decision that the area of plot (32) of district (9) Al-Rumaitha sub-district amounts to (16 / 3 / -) dunams
named (Umm Kharaib) and its ownership is shared equally between the declarants Dakhil and Turki, sons of Rafsh bin Tashash, and the area that falls to each
of them is (8 / 1 / 50) dunams. In view of the suspicion that occurred and the large area of plot (32) on the official map and the confirmation of the Directorate
of General Survey in its letter No. 9632 dated 26 / 8 / 1964, and its certification of the sketch on 23 / 8 / 1964 that the area of that
plot is (92 / 22 / -) dunams and not (16 / 3 / -) dunams. Therefore, and based on the authority granted to the Seizure Committee under the provisions
of Article 14 of the Seizure Instructions issued by the High Committee for Agrarian Reform No. (13) of 1959, the committee decided
to change its area and make it (92 / 22 / -) dunams instead of the previous area and fix it as mentioned. Plot (32), according to its records,
is of the category of lands granted by Lazma, agricultural, irrigated by flow, and its ownership is shared equally between the declarants Dakhil and Turki, sons of Rafsh bin Tashash,
and the area that falls to each of them is (46 / 11 / -) dunams according to the share ratio of each of them. Since all the area that
falls to the aforementioned declarants was previously left for seizure, and its entire area of (92 / 22 / -) dunams is fallow, saline, unexploited land
and its cultivation has been neglected during the period prescribed by law, therefore the committee decided to dissolve it in accordance with the text of Article 28 of the Agrarian
Reform Law No. (30) of 1958.
The supplement was issued based on the provisions of Articles 1 and 28 of the Agrarian Reform Law No. (30) of 1958
and its amendments and the instructions issued thereunder, especially the provisions of Instructions No. (13) of 1959 (Article 14 thereof), subject
to objection within thirty days from the date of its publication in the Official Gazette, and it was signed by the committee in writing on Saturday, corresponding to
24 / 10 / 1964.
Signed / | Signed / | Signed /
Surveyor Member | Administrative Member | Chairman of the Committee
Ali Abd Al-Saadi | Ghanim Abdul-Latif | Nouri Ghazala
| Acting Director of Al-Rumaitha Sub-district |
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Annex to Seizure Decision No. 10 of 1963/6/10
Decision Number: - 13
Decision Date: - 1964/9/17
The First Baghdad Seizure Committee met under the chairmanship of Mr. Saleh Hammoudi Obeida, Chairman of the First Baghdad Seizure Committee
and the membership of Mr. Thabit Nayef Al-Hudaib, Director of Al-Tarmiyah Sub-district, and Mr. Abdul Latif Abdul Karim, First Surveyor in
the Directorate of Agrarian Reform for the Baghdad Governorate, for the purpose of issuing an annex to the decision to seize the lands of the acknowledgees Nashat Raafat Al-Sanawi
and Adnan Nashat Al-Sanawi and Abdul Latif Injiah Ahmed Al-Mudallal, whose submission to seizure was announced by the decisions of the High Commission
published in the Official Gazette issues 671 and 706 on 1962/5/12 and 1962/12/19 respectively, and based
on Articles 1, 4, and 28 of the amended Agrarian Reform Law and the instructions issued by the High
Commission under No. 13 of 1959, and in accordance with the letter of the General Directorate of Seizure and Appraisal No. 1841/43 on 1964/3/4
concerning the issuance of an annex to the seizure decision for the lands of the aforementioned acknowledgees, and after reviewing the seizure minutes dated
1964/5/31 and 1964/9/7, it issued its following decision: -
First - The committee approved what each of the acknowledgees retained and set it aside for them as follows.
1 - Approval of what the acknowledgee Nashat Al-Sanawi retained and set aside for him as follows:
a - His common shares amounting to one share out of two shares in plot 4 of District 3/ Al-Tarmiyah, with an
area of 18/26/- dunams, and the acknowledgee's share of it equals 9/13/- dunams, described as an orchard, and its category is Miri granted
by Lazma, and its irrigation method is by pump.
b - His common shares amounting to one share out of two shares in plot 1/2 of District 6/ Al-Ghaziliyah - Al-Tarmiyah,
its total area equals 23/209/- dunams, and the area of the acknowledgee's share of it amounts to 24/104/- dunams, and its description is
agricultural including an orchard, and its category is Miri granted by Lazma, and its irrigation is by pump.
c - What he retained of his lands in Khan Bani Saad sub-district within Diyala Governorate, and the total area of his shares
equals 94/16/499 dunams.
d - His common shares amounting to 28 shares out of 105 shares in plot numbered 6 of District 6/ Al-Ghaziliyah -
Al-Tarmiyah, its total area is 4/11/- dunams, and his share of it equals 40/24/2 dunams, and its description is agricultural
lands including an orchard, irrigated by pump, and its category is Miri granted by Lazma.
e - An area of 379/-/66 dunams to complete his legally prescribed upper limit from plot 1/17 of District 6 Al-Ghaziliyah
- Al-Tarmiyah, with an area of 2015/43/74 dunams, which the committee partitioned from the original plot numbered 1/5 of
the same district, with a total area of 3824/-/- dunams, and his share of it is an area equal to 33/18/1019
dunams, and his share remained common with the other partners, and its description is agricultural lands, irrigated by pump, and its category is Miri granted
by Lazma.
Note - Plot numbered 253/269 of District 13/ Karrada Al-Sharqiya, with a total area of 28/-/-
dunams, is registered in the name of Nashat Al-Sanawi Company and not in the name of the acknowledgee Nashat Al-Sanawi individually, and based on the letter of the Directorate of Seizure
and General Appraisal No. 1692 on 1963/2/14, the committee excluded it from the seizure ruling. The committee also excluded
plot 2/13 of District 3/ Al-Dora - Baghdad, with an area of 7/1/- dunams, from the seizure ruling because it is
real estate not covered by the Agrarian Reform Law, and its category is pure property (Milk Sirf), and the acknowledgee Nashat Al-Sanawi owns half of it.
2 - Approval of what the acknowledgee Abdul Latif Ahmed Al-Mudallal retained and set aside for him as follows: -
a - His common shares amounting to (8) out of 16 shares in plot 53 of District 3/ Al-Tarmiyah, with a total area of
-/4/- dunams, and the acknowledgee's share of it equals -/2/- dunams, and its description is a pump building, and its category is Miri granted by Lazma.
b - His common shares amounting to one share out of two shares in plot 4 of District 3/ Al-Tarmiyah, with a total area of
18/26/- dunams, and the acknowledgee's share of it equals 9/13/- dunams, and its description is an orchard, and its category is Miri granted
by Lazma, and its irrigation is by pump.
c - His common shares amounting to one share out of two shares in plot 1/2 of District 6/ Al-Ghaziliyah Al-Tarmiyah,
with a total area of 23/209/- dunams, and the acknowledgee's share of it equals 24/104/- dunams, and its description is agricultural
lands including an orchard, irrigated by pump, and its category is Miri granted by Lazma.
d - His common shares amounting to 56 shares out of 105 shares of plot numbered 6 of District 6 Al-Ghaziliyah - Al-Tarmiyah,
with a total area of 4/11/- dunams, and the acknowledgee's share of it equals 80/23/5 dunams, and its description is agricultural lands
including an orchard, irrigated by pump, and its category is Miri granted by Lazma.
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Plot | District | Area | Donum | Olk | Meter
1/9 | 6/Al-Ghaziliyah - Al-Tarmiyah | 21 | — | 343 Sabakh
1/10 | Ditto | — | — | 30 Sabakh
1/11 | Ditto | — | 13 | 1 Sabakh
1/12 | Ditto | — | 9 | 37 High
1/13 | Ditto | — | 2 | 2 High
1/14 | Ditto | — | 13 | 1 High
1/15 | Ditto | — | 22 | 4 High
1/16 | Ditto | — | 20 | 2 High
2 - That the plots numbered from 1/8 to 1/13 of District 7/ Al-Tarmiyah, whose total area is 16/304/-
donums of high land, and accordingly the committee decided to consider them as dissolved lands according to Article (28) of the Agrarian Reform Law and they belong to
the declarants Adnan Nashat Al-Sinawi, who has 49/1/37 donums of their total, and to the declarant Al-Hajj Abdul Latif Al-Mudallal what remains
of the total of these plots, amounting to 63/14/255 donums, and they are as follows:-
Plot | District | Area | Donum | Olk | Meter
1/8 | 7/Al-Tarmiyah | — | 4 | 244 Sabakh
1/9 | Ditto | — | — | 25 Sabakh
1/10 | Ditto | — | — | 3 Sabakh
1/11 | Ditto | — | — | 6 Sabakh
1/12 | Ditto | — | 9 | 13 High
1/13 | Ditto | — | 3 | 13 High
⟦line⟧
16 304 Donums Total
Third - The committee decided to seize the following plots:-
1 - The plot numbered 1/7 of District 6/Al-Ghaziliyah - Al-Tarmiyah - and its general area is 57/4/9/1360
donums and belongs to the declarants and is distributed as follows:-
Decim Meter Olk Donum
14 2 3 1 482 to the declarant Nashat Al-Sinawi
43 2 8 878 to the declarant Al-Hajj Abdul Latif Al-Mudallal
And it consists of Miri agricultural lands granted by Lazma irrigated by intermediary means.
2 - The plot numbered 1/8 of District 6/ Al-Ghaziliyah Al-Tarmiyah and its general area is 14/24/- donums
and belongs to the declarants and is distributed as follows:-
Decim Meter Olk Donum
57 17 8 to the declarant Nashat Al-Sinawi
43 21 15 to the declarant Al-Hajj Abdul Latif Al-Mudallal
And it consists of Miri agricultural lands granted by Lazma irrigated by intermediary means and has been partitioned by the committee.
3 - The plots numbered from 1/3 to 1/7 partitioned from plot 1/1 District 7/Al-Tarmiyah and they belong to the declarants
Adnan Nashat Al-Sinawi and Al-Hajj Abdul Latif Al-Mudallal and they are detailed as follows:-
Plot | District | General Seized Area | Area falling to each declarant
Meter Olk Donum Meter Olk Donum
1/3 7/Al-Majman - Tarmiyah 80 5 1981 75 16 319 for the declarant Adnan Al-Sinawi
1662 5 5 for the declarant Abdul Latif Al-Mudallal
1/4 — 14 33 10 10 5 for the declarant Adnan
90 3 28 for the declarant Abdul Latif
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1 - Pump number 38900 NX, National type, 70 horsepower, with a 16 x 14 size casing, with a National air compressor, with an English motor for the compressor of 5 horsepower, with an Alton feed pump, pipe diameter 1 1/2 inches.
2 - A bee-type pump of National type, number 3752, 38 horsepower, with a Flag brand casing size 14 x 12, operating on black oil and used as a bee-type, with a National air compressor and a 1 1/2 inch feed pump, with an air cylinder and a disassembled motor for the air compressor.
Sixth - The annual share of the declarant Adnan Nashat in plots 1/14 and 1/15 of District 7/Al-Majman Al-Tarmiyah and its adjacent areas, totaling 24/999/- dunams, is insured with the Agricultural Bank for an amount of 1220 Dinars according to the Bank Directorate's letter number ⟦...⟧ dated 2-1-962. Accordingly, the area seized from the declarant Adnan Al-Sanawi is free from mortgage.
The decision was issued based on Articles One, Four, and Twenty-Eight of the Agrarian Reform Law, subject to objection within 30 days from the date of its publication in the Official Gazette.
Signed | Signed | Signed
First Surveyor | Director of Al-Tarmiyah Sub-district | Salih Hamoudi Obeida
Abdul Latif Abdul Karim | Thabit Nayef Al-Hudaib | Chairman of the Baghdad Seizure Committee
The First
Dr. Hamid Al-Obaidi
Number
1034
Seventh Year
Republic of Iraq
Al-Waqai' Al-Iraqiya
The Official Gazette of the Republic of Iraq issued by the Ministry of Culture and Guidance in Iraq
Registered at the Central Post Office in Baghdad under number (1)
Wednesday 22 Rajab year 1384 and 25 November year 1964
In the name of God, the Most Gracious, the Most Merciful
Number (169) for the year 1964
Law
Ratification of the Economic Cooperation Agreement between the Government of
the Republic of Iraq and the Government of the State of Kuwait
and the Protocol supplementing it
In the name of the People
Presidency of the Republic
Based on the provisions of the Interim Constitution and with the approval of the Council of Ministers and the National Council for the Command of the Revolution.
The following law is ratified: -
Article One - This law ratifies the Economic | and investments between the two countries and the exchanged letter attached to the agreement
Cooperation Agreement between the Government of the Republic of Iraq and the Government of the State of | signed in Kuwait by the Government of the Republic of Iraq
Kuwait and the protocol for encouraging the movement of capital | and the Government of the State of Kuwait on October 25, 1964.
| Article Two - This law shall be implemented from the date of its publication
| in the Official Gazette.
| Article Three - The Ministers shall implement this law.
Al-Waqai' al-Iraqiya Issue No. 1034 2 11/25/1964
Written in Baghdad on the twenty-seventh day of the month of Jumada al-Akhira for the year 1384, corresponding to the second day of
the month of November for the year 1964.
Field Marshal Staff
Abdul Salam Mohammed Arif
President of the Republic
Lieutenant General
Abdul Karim Farhan | Subhi Abdul Hamid | Rashid Muslih | Tahir Yahya
Minister of Culture and Guidance | Minister of Foreign Affairs | Minister of Interior | Prime Minister
and Acting Minister of Defense
Abdul Aziz al-Wattari | Abdul Aziz al-Hafiz | Kamil al-Khatib | Mohammed Jawad al-Abousi
Minister of Oil | Minister of Economy | Minister of Justice | Minister of Finance
and Acting Minister of Education | and Acting Minister of Planning
Abdul Sahib al-Alwan | Abdul Fattah al-Alusi | Abdul Karim Hani | Shamil al-Samarrai
Minister of Agrarian Reform | Minister of Works and Housing | Minister of Labor and Social Affairs | Minister of Health
and Acting Minister of Communications
Abdul Hassan Zalzala | Abdul Ghani al-Rawi | Abdul Razzaq Muhyi al-Din | Muslih al-Naqshbandi
Minister of Industry | Minister of Agriculture | Minister of Unity | Minister of Awqaf
⟦line⟧
Economic Cooperation Agreement
Between the Government of the Republic of Iraq and the Government of the State of Kuwait
The Government of the Republic of Iraq and the Government of the State of Kuwait, driven by the desire to consolidate
the national and natural ties between their two countries and to develop trade exchange and increase cooperation
economic between the two countries, have agreed on the following:
Article One
Paragraph One: The Government of the State of Kuwait shall allow the import of agricultural, animal,
industrial products, and natural resources of Iraqi origin imported directly
to Kuwait, and the Government of the Republic of Iraq shall allow the export of these products.
Paragraph Two: The Government of the Republic of Iraq shall allow the import of agricultural, animal,
industrial products, and natural resources of Kuwaiti origin and imported directly
to the Republic of Iraq, and the Government of the State of Kuwait shall allow the export of these products.
Article Two
Paragraph One: Agricultural and animal products originating from one of the two contracting parties' countries
and imported by the other party shall be exempt from customs duties and internal taxes.
Paragraph Two: Natural resources and industrial products originating from one of the two contracting parties' countries
and imported by the other party shall be exempt from customs duties and internal taxes,
with the exception of products listed in the schedules established by each of the two parties.
Each party has the right to introduce amendments to the schedules by including the goods it deems appropriate,
provided that these goods are presented to the Committee for Commercial, Customs, and Transit Affairs
referred to in Article Eight of this Agreement for discussion. The amended schedules shall continue
to be in effect unless the said Committee takes a contrary decision.
Paragraph Three: Each of the contracting parties shall grant local products imported from the other party
"Most Favored Nation" treatment in terms of import procedures.
Iraqi Al-Waqai' Issue No. 1034 3 11/25/1964
Article Three
Every commodity enjoying customs exemption and reduction under this agreement must be accompanied by a certificate of origin issued by the competent authorities in each of the two countries. Industrial products shall not be considered of Iraqi or Kuwaiti origin unless the Iraqi or Kuwaiti raw materials and local production costs involved in the manufacture are not less than 25% of the total production costs. The certificate of origin shall be according to the following model: -
(I certify that the goods listed here are of ⟦line⟧ origin and that the percentage of raw materials and local production costs in them is not less than 25% of the total production costs).
Article Four
Current transactions between natural and legal persons residing in the Republic of Iraq and in the State of Kuwait shall be settled in any convertible currency agreed upon by the two parties.
Article Five
Subject to the laws and regulations in the two countries, the two parties agree on the following: -
First Paragraph: The competent authorities in the countries of the two parties shall grant the necessary facilities for the passage of goods through their territories by way of transit, including exemption from fees.
Second Paragraph: Passenger and cargo transport vehicles belonging to one of the contracting parties shall be granted the necessary facilities to enter and cross the territory of the other party, provided that this does not include engaging in internal transport. The customs authorities in the two countries shall work to organize the passage of goods and transit transport vehicles according to the arrangements established by the Trade, Customs, and Transit Affairs Committee referred to in Article Eight of this agreement.
Article Six
The two contracting parties agreed on the following: -
First Paragraph: Facilitating the movement of capital and investments between the two countries in accordance with the provisions of the protocol supplementing this agreement.
Second Paragraph: Freedom of movement of persons between the two countries according to the arrangements agreed upon between the competent authorities in the two countries.
Third Paragraph: Freedom of residence, work, employment, and practice of economic activity according to the arrangements agreed upon between the competent authorities in the two countries.
Fourth Paragraph: Encouraging the establishment of joint investment institutions that carry out their activities in various economic fields, provided that the foundations and rules under which this participation takes place are determined later.
Article Seven
Each of the contracting parties agrees to provide all necessary facilities to the other party to hold exhibitions and to open a commercial office in the territory of the other party to facilitate trade exchange between the two countries, with the exception of selling directly to consumers or importing for its own account.
Article Eight
Desiring the proper implementation of this agreement and ensuring the development of commercial and economic relations between the two countries, the two contracting parties agree to form joint committees that shall meet for the first time in Baghdad at a date not exceeding two months from the date the agreement is put into effect, and then meet after that at least once a year or more at the request of one of the contracting parties in Kuwait and Baghdad alternately. These committees are: -
1 - Trade, Customs, and Transit Affairs Committee.
2 - Labor and Employment Affairs Committee.
3 - Industrial and Petroleum Projects Coordination Committee.
4 - Investment and Payments Affairs Regulation Committee.
5 - Tourism and Summer Resorts Committee.
Iraqi Gazette Issue 1034 4 11/25/1964
Article Nine
This agreement is subject to ratification by both contracting parties, each according to its constitutional systems
and shall be put into effect as of the date of the exchange of the instruments of ratification thereof, and shall remain in force
for a period of one year, automatically renewed year after year unless one of the contracting parties notifies
the other party in writing, three months before its expiration, of its desire to cancel or amend it.
This agreement was drafted on Sunday, the nineteenth of Jumada al-Akhirah in the year 1384 AH
corresponding to the twenty-fifth of the month of Tishrin al-Awwal (October) in the year 1964, in two
original copies in the Arabic language.
On behalf of the Government of the Republic of Iraq | On behalf of the Government of the State of Kuwait
Protocol
Between the Government of the Republic of Iraq
And the Government of the State of Kuwait
Regarding the encouragement of capital movement and investments between the two countries
The governments of the Republic of Iraq and the State of Kuwait, out of their desire to strengthen the bonds
of economic cooperation between them and to consolidate them on bases that achieve the best conditions for the prosperity
of each of their economies, for the development of wealth, and to ensure appropriate conditions for investments belonging
to natural and legal persons in each of the two states within the borders of the other state, and to achieve
protection and care for these investments, have agreed on the following:
Article One
For the purposes of this protocol, the following expressions shall have the meanings shown opposite them:
Paragraph One: Investment means:
A - Movable and immovable property
B - Company shares
C - Copyrights, industrial property rights, and technical processes.
Paragraph Two: Returns mean: The amounts generated by the investment for a specific period and include profits
and interest.
Paragraph Three: Natural persons mean:
A - Regarding the Republic of Iraq - Iraqis according to the definition of the Iraqi Nationality
and Naturalization Law.
B - Regarding the State of Kuwait - Kuwaitis according to the Kuwaiti Nationality Law.
Paragraph Four: Legal persons mean:
A - Regarding the Republic of Iraq - any legal person as well as any company
or commercial institution with a legal personality established within the borders of the Republic
of Iraq and established in accordance with the laws in force in the Republic of Iraq, regardless
of whether it is of limited or unlimited liability or a partnership.
B - Regarding Kuwait - commercial companies according to the Kuwaiti Commercial Companies Law
as well as any legal person or any institution or body established in accordance
with the laws in force in Kuwait.
Article Two
Each of the contracting parties shall encourage natural and legal persons belonging
to the other party to invest in its country in accordance with local legislation, by guaranteeing
fair and equitable treatment and full protection and care for their investments according to the details contained
in this protocol.
Iraqi Gazette No. 2034
5
11/25/1964
Article Three
Natural and legal persons belonging to the two contracting parties who are investors
in the other country have the right to transfer annual interests and profits on time in accordance with the regulations and laws of foreign
transfer observed in each of the two parties. These investors also have the right to transfer capital
and liquidation amounts upon completion of liquidation operations in accordance with the provisions of this Protocol.
The transfer of profits, capital, and liquidation amounts shall be in the same type of currency in which
the capital was originally received for the purpose of investment.
Article Four
Neither of the contracting parties may expropriate investments belonging to natural
and legal persons belonging to the other party and invested within the borders of its country except for
public interest and in exchange for fair and immediate compensation. The value of the compensation shall be estimated at the value of the investments
seized at the time of seizure. Compensation shall be paid as soon as those investments are evaluated,
provided that this does not exceed a period of one year. The value of the compensation shall be transferred in the same currency or currencies
in which they were received for investment purposes.
Article Five
For the purposes of this Protocol, the exchange rate is determined according to the official rates agreed upon
in the International Monetary Fund, and in the event that they are not available, the official exchange rate in gold,
dollars, or any convertible currency shall be used.
Article Six
After satisfying the compensation amounts, each of the contracting parties recognizes the transfer of ownership
of investments belonging to natural and legal persons belonging to it that have been expropriated
to the government of the other party, and the government of the other party becomes the sole owner of those investments.
Article Seven
First paragraph: Every dispute arising from the interpretation or application of this Protocol that the two parties cannot
settle through direct negotiations between them shall be referred to an arbitration committee.
Second paragraph: The arbitration committee consists of three arbitrators, each of the contracting parties appoints
one of them, and the Secretary-General of the Arab League appoints the third arbitrator, provided that
he is not a citizen of one of the contracting parties, that he does not have economic interests
in the subject of the dispute, and that he is not a citizen of a state that does not have diplomatic relations
with one of the contracting parties. The third arbitrator shall be the chairman of the arbitration committee.
Third paragraph: The arbitration committee shall apply, in the arbitration procedures and in deciding on the subject of the dispute,
the provisions and rules of international law and custom in general and the provisions of commercial custom
related to the subject of the dispute.
Fourth paragraph: The decisions of the arbitration committee are considered binding on the two contracting parties.
Article Eight
The provisions of this Protocol shall be valid for a period of five years starting from the date it is put into
effect and shall be automatically renewed for another period of ten years unless one of the contracting parties
notifies the other party in writing before twelve months have passed from the expiration of the first period or the
subsequent period of its desire not to renew, provided that its provisions apply to the transfer of capital
and investments established during the period of its operation until the rights related to them
are liquidated, provided that this does not exceed a period of twenty years from the date of the end of work with this Protocol.
Article Nine
This Protocol is considered complementary to the Economic Cooperation Agreement between the Government of the Iraqi
Republic and the Government of the State of Kuwait and is subject to ratification by both contracting parties,
each according to its constitutional systems, and shall be put into effect as of the date of the exchange of
ratification documents.
Written in Kuwait on the nineteenth day of the month of Jumada al-Akhira in the year 1384 AH,
corresponding to the twenty-fifth of the month of October 1964. In two
original copies in the Arabic language.
On behalf of the Government of the Iraqi Republic
On behalf of the Government of the State of Kuwait
Al-Waqai' al-Iraqiya Issue No. 1034 6 11/25/1964
State of Kuwait
Ministry of Commerce
Kuwait, October 25, 1964
Mr. Minister,
(1) I am pleased to refer to the Economic Cooperation Agreement signed today between our two brotherly countries and to the attached Protocol concerning the encouragement of capital movement and investments between the two countries, which is considered a major step towards strengthening economic ties and encouraging investments and organizing their protection and care in the future.
(2) On this occasion, it is important to me that you confirm to me that investments belonging to natural and legal persons whose ownership was expropriated before the implementation of the aforementioned Agreement and Protocol will have the rights related to them settled as soon as possible in accordance with the laws and regulations in force in Iraq at the time of expropriation.
(3) I suggest that this memorandum and your government's reply in approval be considered an agreement between our two governments in this regard, complementing the Economic Cooperation Agreement and the attached Protocol signed today.
Please accept, Excellency, my highest thanks and appreciation.
Mr. Aziz al-Hafiz
Minister of Economy Minister of Economy
Baghdad
⟦line⟧
Embassy of the Republic of Iraq
Kuwait
Kuwait, October 25, 1964
Your Excellency,
(1) I have the honor to inform you of the receipt of your memorandum dated today, which stated:
1 - I am pleased to refer to the Economic Cooperation Agreement signed today between our two brotherly countries and to the attached Protocol concerning the encouragement of capital movement and investments between the two countries, which is considered a major step towards strengthening economic ties and encouraging investments and organizing their protection and care in the future.
2 - On this occasion, it is important to me that you confirm to me that investments belonging to natural and legal persons whose ownership was expropriated before the implementation of the aforementioned Agreement and Protocol will have the rights related to them settled as soon as possible in accordance with the laws and regulations in force in Iraq at the time of expropriation.
3 - I suggest that this memorandum and your government's reply in approval be considered an agreement between our two governments in this regard, complementing the Economic Cooperation Agreement and the attached Protocol signed today.
(2) I am pleased to inform Your Excellency of my government's approval of the above and that your government's aforementioned memorandum and this reply of mine be considered an agreement between our two governments in this regard, complementing the Economic Cooperation Agreement and the attached Protocol signed today.
Please accept, Your Excellency, my highest thanks and appreciation.
Minister of Economy
His Excellency Khalifa Khalid Al-Ghunaim
Minister of Commerce
Kuwait
Al-Waqai' al-Iraqiya Issue 1034
7
11/25/1964
Number 1040
Republican Decree
Based on what was presented by the Minister of Justice
We have decreed the following:-
Kadhim Nasser al-Hassan, Director of Al-Yusufiya Sub-district, is authorized with the power of a Peace Judge for the purpose of exercising the powers set forth in paragraph (1) of Article (45) of the Law Amending the Agrarian Reform Law No. 30 of 1958, No. 143 of 1963, as well as the power of a Second-Class Criminal Judge according to paragraph (b) of the aforementioned article to consider cases arising from violations of the provisions of Article Forty-Six of the aforementioned law, to be exercised within his sub-district area.
The Minister of Justice shall implement this decree.
Written in Baghdad on the twenty-sixth day of the month of Jumada al-Akhira for the year 1384, corresponding to the first day of the month of November for the year 1964.
Field Marshal Staff
Abdul Salam Mohammed Arif
President of the Republic
Lieutenant General
Tahir Yahya
Prime Minister
Kamil al-Khatib
Minister of Justice
Special Instructions for the Training Course
for Court Employees and Notary Public Departments
Reference to the two statements of this Ministry numbered Z/92 and dated 8-23- and 9-23-1964. The number of sessions for the subject of Execution mentioned in the ninth paragraph of this Ministry's instructions numbered Z/92 and dated 8-23-1964 shall be one session per week instead of two. The number of lectures on one of the days of the week shall be two lectures instead of three.
Minister of Justice
Statement
Based on what was stated in the letter of the Karrada Court of First Instance No. 2075 dated 11-12-1964, we have decided to suspend the work of the Karrada Court of First Instance for a period of five days in view of the transfer of the mentioned department from its old building to the new building starting from the date 11-21-1964.
Minister of Justice
⟦line⟧
Number 1041
Republican Decree
Based on what was presented by the Minister of Justice
We have decreed the following:-
Rushdi Hassan Akah, District Officer of Halabja District, is authorized with the power of a Second-Class Criminal Judge in his capacity as a Border Commissioner according to the agreement concluded between the Iraqi and Iranian governments, provided that he exercises his authority when performing his duty as a Border Commissioner only within his district area.
The Minister of Justice shall implement this decree.
Written in Baghdad on the twenty-fifth day of the month of Jumada al-Akhira for the year 1384, corresponding to the thirty-first day of the month of October for the year 1964.
Field Marshal Staff
Abdul Salam Mohammed Arif
President of the Republic
Lieutenant General
Tahir Yahya
Prime Minister
Kamil al-Khatib
Minister of Justice
⟦line⟧
University Order
Subject/ Formation of a Negotiating Delegation
Based on the telephone conversation with the Director of Technical Aid at the Ministry of Foreign Affairs and the copy of the memorandum of the Embassy of the Federal Republic of Germany in Baghdad No. (2) 2-88-13 dated 11-16-1964.
The negotiating delegation is formed to organize the annex to the German Technical Aid Agreement for the development of the Forestry Department at the College of Agriculture and Forestry in Mosul, in participation with the delegation coming from West Germany, consisting of the gentlemen whose names are listed below:-
1 - Dr. Ibrahim Shaukat - Secretary General of the University of Baghdad and Acting President of the University (Chairman).
2 - Dr. Mohammed Wasil al-Dhahir - Acting Assistant President for Scientific Affairs (Member).
3 - Dr. Hussein al-Ani - Dean of the College of Agriculture (Member).
4 - Dr. Ismail al-Azzawi - Acting Dean of the College of Agriculture and Forestry in Mosul (Member).
5 - Dr. Hassan Kittani - Director General of Forestry and Afforestation (Member).
6 - Dr. Mohammed Said Kittaneh - Assistant Dean of the College of Agriculture and Forestry in Mosul (Member).
7 - Mr. Salim al-Mudallal - Director of Legal Affairs at the University of Baghdad Bureau (Member).
Dr. Ibrahim Shaukat
Acting President of Baghdad University
Statement No. (17)
Pursuant to the provisions of paragraph (2) of Article (37) of the Income Tax Law No. (95) of 1959, Mr. Bayez Abdullah, Judge of the Kirkuk Unlimited Court of First Instance, is appointed as an additional official member of the Audit Committee formed in Kirkuk.
Minister of Finance
Al-Waqai' al-Iraqiya Issue No. 1034
8
11/25/1964
Official Statement
At twelve o'clock noon on Monday, 11-16-1964, at the Ministry of Foreign Affairs, between Dr. Tariq al-Mathuli, Director General of the Economic Department, and Mr. Leo Tuominen, Chargé d'Affaires of the Finnish Legation in Baghdad, the exchange of official notes provided for in Article Eight of the Economic and Technical Cooperation Agreement concluded between the Republic of Iraq and the Republic of Finland, signed in Baghdad on 11-5-1961, took place to determine the date of the entry into force of the said agreement. Accordingly, the agreement is considered effective as of 11-16-1964.
Director General of Radio and Television
Supplement No. (3) to the Statement of the Tobacco Monopoly Administration
No. (8) for the year 1964
1 - Due to the lack of warehouses in the center of Rania District, tobacco farmers in the said district have the right to deliver their tobacco in Sulaymaniyah, Kirkuk, Koya, and Qal'at Diza for inspection by the tobacco inspection committees.
2 - Supplemental Statement No. (2) to the Tobacco Monopoly Administration Statement No. (8) for the year 1964 is hereby cancelled.
Director General
and Chairman of the Board of the Tobacco Monopoly
Dr. Akram al-Jaf
Statement No. (42) for the year 1964
Issued by the Secretary General for the Administration of Sequestrated Property due to
measures for the reform of the system of government and state security
First - Further to our Statement No. (1) for the year 1963 and based on the two decisions of the Military Governor General mentioned below, which include the sequestration of movable and immovable property belonging to those mentioned therein, their names are added to the names listed at the end of our statement above, and the provisions of our aforementioned statement and all other statements shall apply to them.
a - Decision No. S/2148/8 on 11-2-1964.
1812 - Lawyer Dhannun Abdullah al-Dhannun - his wife and children - his property was previously sequestrated according to paragraph 1761 of our Statement No. 28 for the year 1964.
1813 - Abd Mazlum - his wife and children.
1814 - Qasim Ali al-Nidawi - his wife and children.
b - Decision No. S/2155/8 on 11-3-1964.
1815 - Lawyer Hamid al-Obaidi - his wife and children.
1816 - Retiree Jawhar Ghanim - his wife and children.
Second - Further to our Statement No. (88) for the year 1963 and based on the decision of the Military Governor General mentioned below, which includes the lifting of sequestration on movable and immovable property belonging to the person mentioned below whose name appears in the paragraph indicated next to it in our statement above, his movable and immovable property is excluded from the provisions of our Statement No. (1) for the year 1963 and all other statements.
1202 - Al-Hajj Ahmed Ismail.
Secretary General
for the Administration of Sequestrated Property
Statement No. (43) for the year 1964
Issued by the Secretary General for the Administration of Sequestrated Property due to
measures for the reform of the system of government and state security
First - Further to our Statement No. (1) for the year 1963 and based on the decision of the Military Governor General No. S/2169/8 dated 11-8-1964, which includes the sequestration of movable and immovable property belonging to the person mentioned therein, his name is added to the names listed at the end of our statement above, and the provisions of our aforementioned statement and all other statements shall apply to him.
1817 - Mahdi Khalaf Wajid - employee at the College of Veterinary Medicine.
Second - Further to our statements numbered 72 and 87 for the year 1963 and 40 for the year 1964, and based on the two decisions of the Military Governor General mentioned below, which include the lifting of sequestration on movable and immovable property belonging to the persons mentioned therein whose names appear in the paragraphs indicated next to them in our statements above, their movable and immovable property is excluded from the provisions of our Statement No. (1) for the year 1963 and all other statements.
a - Decision No. 10887/8 dated 11-7-1964.
840 - Ni'mat Sadiq - former finance officer of Bibaz sub-district.
1144 - Fakhr al-Din Abdul Karim - finance officer of Qadir Karam sub-district.
b - Decision No. S/2183 dated 11-11-1964.
1807 - Contractor Fuad Allah Werdi.
1808 - Contractor Burhan Yaqub.
Secretary General
for the Administration of Sequestrated Property
Republic of Iraq - Government Press
Lawyers' Office
Hassan Abdullah Muthafar
Hadi Latif
Mustansir Street - Sabri Tuaima Building
Telephone 82280 - 81442
Advocate Hassan Abdullah Muthafar
Advocate Hadi Latif
Sabri Bldg. - Mustansir Street
Tel. { 82280
{ 81442
Number: 11 L / 189 / 65
Date: 13 / 6 / 1965
The Honorable President of the Court of Cassation of Iraq
Subject / Responsive brief from the agents of the respondent in the file
Numbered 1482 / H / 1965
Applicant for correction of the decision: The Appellant: - Lawyer Hamad Majeed Al-Humaidi.
The Respondent: The Appellee: - Head of the Administrative Committee for Iraqi Jews - in addition to his guardianship over
the endowments of Menachem Sassoon Daniel, his agents are the lawyers Hassan Abdullah
Muthafar, Shaul Moussa, and Muhammad Salem Zaidan.
We have been notified of the brief requesting correction of decision No. 1482 / H / 65. What is stated therein is legally inadmissible
and warrants rejection for the following legal reasons: -
First: - The request for correction of the decision is not based on any of the grounds for correction: -
The challenge by correction of the decision is considered one of the extraordinary methods of appeal, as the decision of the Court of
Cassation is intended to terminate the lawsuit finally after it has been adjudicated by the highest judicial authority.
The request for correction of the Court of Cassation's decision must be based on one of the grounds stipulated in paragraph
1 - 4 of Article 231 of the Civil Procedure Code.
The reasons cited by the applicant for correction in his brief do not constitute any of the mentioned grounds for correction.
It appears that the applicant for correction considered the difference in the grounds of the judgment at the trial, appeal, and cassation levels
as a contradiction, and that this difference, in his opinion, warrants a request for correction. He overlooked that the Court of
Cassation did not confirm the judgment in terms of the result, and that the reason it adopted in confirming the judgment
is intended to be added to the trial and appellate grounds of the judgment.
The text of paragraph 4 of Article 231 is clear, as it states: -
(That the decision requested to be corrected is contradictory to itself, or that it is contradictory
to a previous decision of the Court of Cassation issued in the same lawsuit without the parties changing in identity
and capacity).
establishes
— 2 —
What the applicant for correction stated in his brief regarding what he called the existence of a contradiction in the legal basis, interpreting that
contradiction based on the reasons for dismissing the lawsuit in the decision of the Court of First Instance, the Court of Appeal, and by the Court of
Cassation, is legally inadmissible for the following reasons:—
1 — Paragraph (4) of Article 231 — A — stipulates that the contradiction must be within the same decision requested
to be corrected, and the cassation decision subject to correction does not contradict itself, but rather presented the facts
of the lawsuit and upheld the judgment relying on a reason added to the reasons for dismissing the lawsuit initially and the confirmation
of the judgment on appeal. Furthermore, the reason adopted by your esteemed court in upholding the judgment is a correct
reason with no contradiction in it, because the actions of the dismissed trustee require prior permission from the Communal
Council, whose place is taken by the Administrative Committee for Iraqi Jews in its capacity as the supreme supervisor of the
endowment deed, as will be detailed in the following paragraph.
B— The cassation decision subject to the correction request is the only decision in this lawsuit, and there is
no other cassation decision issued in the same lawsuit.
From all this, it is clear to your esteemed court that there is no contradiction in the judgment of the Court of Cassation, nor any contradiction in any other
form stipulated in Paragraph — 4 — of Article 231 — A — of the Civil Procedure Code.
The judgments of your esteemed court, the Court of Appeal, and the Court of First Instance issued in this lawsuit
are all directed towards dismissing the lawsuit based on the legal reasons they contained.
Second:— Court of Cassation Decision No. 64/H/1972 and the Endowment Deed:—
⟦line⟧
The decision of your esteemed court, in terms of the legal reasons it contained, is in accordance with the law and the endowment deed
No. 35/Sh/87, which obligated the trustee to obtain prior permission from the supervisor for all actions
he carries out regarding the endowment, within its requirement for the trustee to submit a budget including the revenues
expected to be obtained from the endowed properties, i.e., rental fees and others, as well as expenses, and that
at least two months before the beginning of the year to which those revenues belong, and he (i.e., the
trustee) may not act upon it except after the approval of the supervisor (the Administrative Committee for Iraqi Jews
acting in place of the Communal Council) and the issuance of permission accordingly. He must also obtain prior
permission for all new matters and actions that arise after the approval of the aforementioned budget by the supervisor
as we previously mentioned.
On this occasion, it must be clarified that what the applicant for correction suggested in the fourth paragraph of
his brief regarding the lack of necessity to obtain prior permission from the supervisor and his citation of a sentence
To be continued
- 3 -
contrary to the Waqf deed is something that contradicts the truth and reality. Where the applicant for correction has missed that the Waqf
deed had stipulated prior permission for the actions of the trustee in the event that the trusteeship passes to the descendants of
one of the two trustees standing at that time (namely Ezra Menachem Daniel and Saleh Shlomo) who passed away
and the trusteeship passed after them to Emil Saleh Shlomo, the dismissed trustee in the year 1955. The detail of that is
that when the trusteeship was in the custody of the two aforementioned former trustees, the Waqf deed stipulated that they must
submit a budget to the Physical Council, which is the supervisor, for the purpose of approval only.
But the matter differed when the trusteeship passed to the descendants of one of them after their death, namely the dismissed
trustee Emil Saleh Shlomo, as the Waqf deed stipulated in this case the necessity of obtaining prior permission
from the supervisor, which is the Administrative Committee for Iraqi Jews, for all actions he carries out ⟦line⟧
regarding the Waqf, and this characteristic indicates that the dismissed trustee's failure to obtain the stipulated
prior permission was the reason for his dismissal from the trusteeship.
And since the action subject of the lawsuit occurred during the tenure of Emil Saleh Shlomo and not during the tenure of the two former
trustees, the Waqf condition requiring the necessity of obtaining prior permission is what must be acted upon.
We intended all this not as a response to the statement of the applicant for correction, but rather we saw it as a duty to present the full
legal facts in a manner consistent with the provisions of the law and the Waqf deed so that your esteemed court
may be aware of the matter.
From all of the above, it appears to your esteemed court that the request for correction is not based on any of the reasons
for correction exclusively limited in Article 231.
Therefore, we request the rejection of the request and that the applicant for correction be charged with the costs.
With respect,
The agents of the Administrative
Committee for Iraqi Jews ⟦line⟧
Lawyer | Lawyer | Lawyer
Mohammed Salem Zaidan | Shaul Moussa | Hassan Abdullah Muzaffar
The Lawyers
Hassan Abdullah Muzaffar
Shaul Moussa
Number: 10 L / 451 / 64
Date: 14 / 11 / 1964
To the Honorable President of the Court of Cassation of Iraq
Appellate Case Number: 1972 / H / 64
Appellant: Hamid Majid Al-Obaidi - represented by lawyer Hussein Al-Haj Ali
Appellee: Chairman of the Administrative Committee for Iraqi Jews in his capacity as trustee of the Menahem and Sassoon Daniel endowments
Represented by lawyers Hassan Abdullah Muzaffar, Shaul Moussa, and Muhammad Salem Zaidan.
We were notified of the cassation brief numbered 1972 / H / 64 on 8 / 11 / 64, and we respond to it as follows:
First: Characterization of the two contracts subject of the lawsuit.
(1) The two contracts for the assignment of rental fees for the endowed properties leased by the agent of
the dismissed trustee to other persons are considered as borrowing and loaning sums for the account of the endowment. The detail of that
is that the endowed properties subject of the two contracts are leased by the contracting party to the occupying persons under contracts, and the rental
fees become due gradually in installments. Thus, his assignment of those fees is borrowing and loaning.
From this legal characterization of the assignment contract, the following appears to your honorable court:
A - The dismissed trustee did not authorize his agent, Edouard Yaqoub, under the general power of attorney attached to the case file,
to borrow or assign the fees, as the powers he possesses were specifically defined therein.
B - Assuming that the dismissed trustee had given the power of assignment to his agent, he cannot legally do so,
as the trustee does not have the right to waive the rights of the endowment.
(2) The two assignment contracts cannot be characterized as an assignment of right, as Islamic Sharia, which is
applicable, does not recognize the assignment of right, and because the elements of assignment of right under the Civil Law are not
present in the two mentioned transactions due to the absence of the element of consent, the absence of the subject matter, and the illegality of the cause,
as we detailed in our explanatory brief numbered 7 L / 283 / 63 dated 17 / 10 / 1963
submitted to the Court of Appeal.
Second: The authority of Edouard Yaqoub Shashoua.
It is clear to your honorable court from the power of attorney given by the dismissed trustee, Emile Saleh,
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Shlomo to his agent Edward Yaqoub Shashoua, the aforementioned does not possess the right of waiver since the wa-
The powers held by the agent have been specified and did not stipulate authorizing the agent to waive, which must
be in explicit terms, and the agent must execute the agency without exceeding its drawn limits (Article 933 Civil).
As the right of waiver, forfeiture, and discharge was restricted to his private properties only, and the dismissed trustee has confirmed
in his power of attorney the specification of the actions performed by his agent towards the endowment by including the expression:
(And he has the use of all powers granted to me by law and which I can legally use for myself
to preserve my rights in general)
The intent of this expression is to grant absolute powers regarding his personal rights only and to restrict those powers
regarding the endowment, as the expression came using all powers that I can use for myself, meaning
specialized for himself only and not in addition to his position, as well as the expression:
(To preserve my rights), for the expression includes the personal rights of the principal and does not extend to the endowment, since
the principal Emil Saleh Shlomo has appointed Edward Yaqoub in his personal capacity and in addition to his trusteeship from which he was dismissed
over the endowment.
It is clear that the presented power of attorney is not absolute general regarding the powers of the dismissed trustee's agent concerning
the endowment, and since Article 931 Civil stipulates that it is valid to specify the agency by the principal's specification
and generalize it by his generalization,
A special power of attorney is one that defines a specific legal act or acts, p. 45, part 5, Preparatory Works
of the Egyptian Law.
As for the general power of attorney, it is that which is issued in general terms without specifying a particular legal act; it is that which occurs
in the general power of attorney in which nothing is named over another, for if a thing is named, it does not benefit from generalization
and delegation.
Accordingly, the power of attorney given by the dismissed trustee to his agent is limited to the actions mentioned therein and did not stipulate
therein the waiver, especially regarding the endowment, since the trustee himself does not possess the right of waiver, so not authorizing this
right to his agent is a natural matter, as one who lacks a thing cannot give it.
Your esteemed court has previously decided in its general assembly in the primary lawsuit numbered 1601/961
filed at the Baghdad Court of First Instance by the same appellant against Regina Sassoon, the mother of the dismissed trustee.
It becomes clear
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Amil by claiming an amount of (-/24,000 twenty-four thousand dinars) which he claims that Edwar Yaqoub ⟦line⟧
regarding rental fees for her shares in the same endowment properties, considering that the power of attorney is a special power of attorney and he cannot
the agent cannot perform any action or disposal not explicitly mentioned in the power of attorney document, especially if the disposal is the right of waiver
which requires it to be stated in the power of attorney in an explicit manner,
The waiver subject of the lawsuit is a forfeiture of part ⟦of the paragraph⟧ of the endowment's rights, and it is not permissible for the trustee to do what results in the loss
of the endowment's rights or its yield, as will become clear to your esteemed court as follows.
Third: The powers of the trustee regarding the provisions of the endowment and the endowment deed.
The endowment deed numbered 87 Sh/935 attached
to the case file and the deeds based on it, whose numbers are mentioned within the said deed, have specified the authority
of the trustee to lease the endowed properties and stipulated for the validity of this lease that he must previously obtain permission from the Council
The Spiritual Council of the Mosaic Community, currently replaced by the Administrative Committee for Iraqi Jews in its capacity as the supervisor of
the endowment.
It is not hidden from your esteemed court that the condition of the endower is like the text of the Legislator in the necessity of following it and acting upon it, and any violation
of the endower's condition is a violation of the text, and ruling by it is a ruling without evidence, Part (3) Page (467) of
the book Radd al-Muhtar by the scholar Muhammad Amin, famous as Ibn Abidin)
From this, it is clear to your court that the permission must be prior to the disposal of it if this disposal
is for leasing at a fair market rent, so how about if this disposal is a waiver..? The waiver is a forfeiture of part
of the endowment's rights, and the trustee does not possess this right as it is a definite harm and an explicit violation of the endowment deed.
Accordingly, this action by the dismissed agent of the trustee is contrary to the endowment deed and the provisions of the endowment for the following reasons:
A - It is not within the authority of the trustee under the endowment deed to waive the rights of the endowment.
B - The authority of the trustee to lease the endowments at a fair market rent requires for its validity obtaining prior permission from the supervisor.
C - The provisions of the endowment do not permit the trustee the right to waive the rights of the endowment because the waiver is a definite harm to the endowment
and an explicit violation of the endowment deed.
D - Even if necessity requires the trustee to violate the endower's condition, in this case he must obtain
the judge's permission, and this is what Article (867) of Tartib al-Sunuf min Ahkam al-Wuquf
by the late Ali Haidar states.
E - The endowment is governed by the principles of Islamic Sharia, which refuses to diminish the value of the endowment if it is not taken
with the judge's permission, and since the two waiver contracts are pure harm to the endowment and a loss of ⟦amounts⟧ significant to it that did not enter into
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his liability absolutely, as they do not bind the Waqf due to the lack of the judge's permission.
From all of the above, it appears to your esteemed court that the two waiver contracts, the subject of the lawsuit, are contrary to the Waqf deed
and the general provisions of the Waqf. The trustee does not have the power to initiate them, and consequently, his agent does not have the power to execute them, even assuming for the sake of argument
that he was authorized to do so under his power of attorney.
Fourth: The issuance of the transaction during a period dominated by suspicion and doubt.
A - The two waiver contracts, the subject of the lawsuit, were executed by the agent of the dismissed trustee during the period in which
the supervisor filed lawsuit No. 30 Sh/59 against the dismissed trustee, Emil Saleh Shlomo, before the
Personal Status Court in Baghdad, requesting his dismissal from the trusteeship, basing his request on illegal actions
contrary to the Waqf deed and the provisions of the Waqf, and for his betrayal of the Waqf, squandering its funds, and wasting its rights, which
ended with his dismissal from the trusteeship.
If your high court noted the date of the two waiver contracts, you would find that they occurred in the final period of
the duration of the lawsuit's consideration, when it became certain to the agent of the dismissed trustee that a decision to dismiss him from the trusteeship, in view of his betrayal
and negligence regarding the rights of the Waqf, had become imminent.
When the trial court noticed that the dismissed trustee's continuation in the trusteeship posed a definite harm to the Waqf,
as it had reviewed his actions of leasing the Waqf for less than the fair market rent and his waiver of rental amounts
to multiple persons, it restrained his hand from acting, as it was confirmed to the court that his remaining was a harm to the Waqf, and it entrusted
the management of the endowments to itself until the dismissal lawsuit was decided and a new trustee was appointed. Accordingly, the harming of
the Waqf and the obtaining of gains and funds by the dismissed trustee and his agent for themselves at the expense of
the Waqf was the true purpose of those actions. In this case, no liability arises for the Waqf
as a result of that, which makes the former trustee and his agent personally responsible for the mentioned action,
and his responsibility cannot extend to the Waqf, as the Waqf did not receive into its account any of the amounts
claimed, so it is not responsible for them.
B - The funds included in the waiver contract did not enter the account of the Waqf, but rather entered the account of the contracting party
personally, and according to the provisions of Islamic Sharia applicable in this case, the
Waqf is not responsible for them.
Fifth: The seriousness of the contract
Confirming what we have explained in detail in our explanatory brief No. 172/63 dated
6/24/63 submitted to the Court of Appeal, we point out in this paragraph that bad faith, enrichment, and the squandering of
the rights of the Waqf and others were the motive for carrying out the transactions subject of this lawsuit, as the trustee was not satisfied
To be continued
The dismissed person and his agent squandered the endowment funds during the period of his tenure; rather, he wanted to burden the endowment's liability with huge sums through
actions such as the actions subject of the lawsuit, which would extend their benefit for a long period after the dismissal, and the explanation for that is:
1- That Emil Saleh Shlomo was appointed as a trustee on 2/22/55 by the deed numbered 8 Sh / 55 issued by the Court of Personal
Status in Baghdad.
2- That the aforementioned trustee appointed Edwar Yaqoub as his agent on 5/30/1955.
3- That the appellant directed several warnings to the aforementioned agent requesting adherence to the terms of the endowment and not to squander the rights of
the endowment, but he did not respond to them.
4- The appellant filed a lawsuit to dismiss the trustee for his betrayal and his agent's squandering of the endowment's rights under No. 3 Sh / 59, and the
aforementioned agent exerted methods and tricks that cannot be counted to prolong the duration of the lawsuit, and when he found that the decision to remove
his hand from the trusteeship and then dismiss him from it had become imminent, he began to carry out sham actions and contracts in order to harm
the endowment and continue his benefit from its revenues for the period following the dismissal through such sham contracts and actions -
and it is sufficient that this agent is a prison inmate at the present time for acts of forgery and betrayal, and it is also sufficient that
he created subsequent contracts for the properties subject of the two mentioned actions with other persons in a period of less
than a month, so where is the good faith and where are the amounts received by the aforementioned agent, which exceed one hundred
thousand dinars.
We emphasize to the esteemed court that these contracts subject of the lawsuit have no basis in truth and that the aforementioned agent
wanted to leave the endowment burdened with debts to benefit from their amounts after his dismissal, noting that all the mentioned
amounts never entered the endowment's liability and it is not responsible for them.
Summary: The decision of the Karkh Court of First Instance (Unlimited) ruling to dismiss the appellant's lawsuit regarding the endowment and considering
the former agent personally responsible for the action is in accordance with the law, the endowment deed, and the general provisions
of the endowment, and the decision of the Court of Appeal, which confirmed the initial decision in terms of the result
for the reasons stated therein, is in accordance with the law and the endowment deed.
For these reasons and for the reasons that we have previously mentioned in our initial and appellate briefs and defenses,
we request the confirmation of the appealed judgment and to charge the appellant with the fees and attorney's fees.
Please accept our thanks.
Agents of the Appellee
Lawyer Shaul Moussa | Lawyer Muhammad Salem Zaidan | Lawyer Hassan Abdullah Muzaffar