Use of this document is subject to the agreed Terms and Conditions and it is protected by digitally embedded signatures against unauthorised use
Par. I, L. 139/91
Num. 2598, 26.4.91
The 1991 Turkish Cypriot Properties Law (Administration and Other Issues) (Interim Provisions) is issued following publication in the Official Gazette of the Republic of Cyprus under Article 52 of the Constitution.
Number 139 of 1991
LAW INCLUDING INTERIM PROVISIONS WITH REGARD TO THE ADMINISTRATION OF TURKISH CYPRIOT PROPERTIES IN THE REPUBLIC AND OTHER RELATED ISSUES
Preambule. Due to the fact that, in the wake of the massive movement of the Turkish Cypriot population as a result of the Turkish invasion in the territories occupied by the Turkish invasion forces and the prohibition on behalf of these forces of movement of this population in the territories of the Republic of Cyprus, properties consisting of movable and immovable ownership where deserted,
And due to the fact that in order to protect these properties it was necessary to take immediate measures,
And due to the fact that among the measures taken, these included the administration of these properties by an ad hoc committee set up following administrative arrangements,
And due to the fact that the statutory adjustment of the issue of the Turkish Cypriot properties in the Republic was rendered necessary.
For all the above the House of Representatives votes as following:
Brief title
99(I) of 1992
35(I) of 1994
7(I) of 1996
33(I) of 1998
59(I) of 2003
56(I) of 2006
1. This Law shall be referred as the 1991 Turkish Cypriot Properties Law (Administration and Other Issues) Interim Provisions).
Interpretation
2. In this Law, unless a different meaning results from the text –
‘Republic’ means the Republic of Cyprus,
‘unsettled situation’ means the consequence of the Turkish invasion, the created situation that continues to exist until the Council of Ministers, with its notice published in the Official Gazette of the Republic fixes a date of expiry of this situation,
Copyright © Leginet Ltd 2002 – 2005. All rights reserved.
Cyprus Legal Portal –
http://www.leginetcy.comUse of this document is subject to the agreed Terms and Conditions and it is protected by digitally embedded signatures against unauthorised use
‘Guardian’ means the Minister appointed on the basis of section 3,
2 of 59(I) of
2003.
‘refugee’ means the person holder of a refugee identity that was issued by the competent authority,
24 of 1979
78 of 1980
79 of 1982
92 of 1984
114 of 1985
194 of 1987
46 of 1988
‘disaster area’ has the meaning attributed to this term by the 1979 Debtors’ Relief Law (Interim Provisions).
‘Turkish Cypriot property’ includes every ownership movable or immovable belonging to a Turkish Cypriot and being in the territories controlled by the Republic and including the monastery property,
‘Turkish Cypriot’ means a Turkish Cypriot that does not have his usual residence in the territories controlled by the Republic and includes a company or any other legal person controlled by a Turkish Cypriot, as well as the Evkaf,
‘Minister’ means the Minister of the Interior and includes his authorised representative
Guardian of the
Turkish Cypriot
properties
3. The Minister is being appointed with this Law as Guardian of the Turkish Cypriot properties and administers them in accordance with the provisions of this Law and exercises the powers granted to him by this Law while this unsettled situation continues and until a final settlement for this issue is achieved.
Advisory
Committee.
3(a) of 59(I)
of 2003.
3. – (1) An Advisory Committee is being set up, the aim of which is the study and granting advice to the Guardian who, before deciding on any issue with regard to the administration of the Turkish Cypriot properties, takes into consideration its view resulting by a decision taken by the majority of its present members.
3(b) of 59
of 2003
(2) The Advisory Committee, that has a three - year term, consists of the following people:
Copyright © Leginet Ltd 2002 – 2005. All rights reserved.
Cyprus Legal Portal –
http://www.leginetcy.comUse of this document is subject to the agreed Terms and Conditions and it is protected by digitally embedded signatures against unauthorised use
(a) The Guardian or a representative of his as Chairman,
(b) The Turkish Cypriot Properties Administration Service Manager,
(c) A representative of the Ministry of Finance
(d) A representative of the Ministry of Agriculture, Natural Resources and Environment
(e) A representative of the Pancyprian Committee for Refugees
(f) A representative of the Cyprus Panagricultural Union (PEK)
(g) A representative of the Cypriot Farmers Union (EKA)
(h) A representative of the Agricultural Association
(i) A representative of the Panagricultural Association
(j) One representative from each parliamentary party
(k) A representative from the CFPCS (POVEK).
3(c) of 59 (I)
of 2003.
(3) The Committee convenes every two months following a written invitation by the Guardian or a representative of his or earlier, at anytime deemed necessary by him or in case at least seven members of the committee ask for, at a place and time that shall be fixed for study, discussion and decision - making purposes, where this is needed in relation to any issue with regard to the administration of the Turkish Cypriot property.
3(d) of 59(I)
of 2003.
(4) At least nine members of the Advisory Committee consist quorum and its decisions are being taken by majority of the present members.
(5) At each session of the Advisory Committee minutes are being kept and are served to the Guardian and to all of its members.
(6) Copies of the decisions of the Advisory Committee are being served to the House Standing Committee on Refugees, Enclaved, Missing, and Adversely Affected Persons for information.
4 of 59(I)
of 2003.
Ad hoc
Committees.
4A. – (1) The Guardian, after taking into consideration the opinion of the Advisory Committee and if he considers it advisable and necessary to the best implementation of this Law, may appoint ad hoc committees in each district.
(2) Ad hoc committees deal with specific issues that are being referred to them by the Guardian or the Advisory Committee.
(3) Ad hoc committees that are being appointed on the basis of the above convene in ordinary or extraordinary meetings, depending on the needs that exist for the carrying out of their proceedings in relation to the specific issues that have been referred to them.
Copyright © Leginet Ltd 2002 – 2005. All rights reserved.
Cyprus Legal Portal –
http://www.leginetcy.comUse of this document is subject to the agreed Terms and Conditions and it is protected by digitally embedded signatures against unauthorised use
(4) The members of the ad hoc committees have a three - year term, and the number, the setting up and their modus operandi is being defined by the Guardian following deliberations with the Advisory Committee:
It is provided that a member of the ad hoc committee may be re-appointed at any committee for two terms only.
(5) Each ad hoc committee has quorum if half of the total number of its members is present, minus one.
(6) The decisions of the ad hoc committees must be justified and must be taken by majority of the present members. In case of equality in votes the person presiding over this committee has a winning vote.
(7) Copies of the decisions of the ad hoc committees are being served to the Guardian for approval, who also sees to the information of the Advisory Committee. Copies are also being served to the House Standing Committee on Refugees, Enclaved, Missing, and Adversely Affected Persons for information.
5 of 59(I) of
2003.
Turkish Cypriot
Properties to the
Guardian.
5. Subject to the provisions of this Law, during the administration of the Turkish Cypriot properties and the exercise of the powers being granted to him by virtue of this Law, the Guardian shall have all the rights and the obligations that their Turkish Cypriot owner would have:
It is provided that in spite of the amendment of the basic law by this Law, all actions or decisions that were made or taken by the Guardian, under the basic law, are being considered as made or taken legally.
Powers of the
Guardian.
2 of 99(I) of
1992.
6(a) (b) (c)
of 59(I) of
2003.
6. Without prejudice to the generality of section 5, the Guardian has the following powers, which he exercises with the assistance of public servants –
(a) He administers every Turkish Cypriot property in accordance with the conditions of each case and towards this end -
(i) he collects every amount owed to the beneficiary and gives the necessary receipts,
(ii) he collects and disposes every product of such property in the most advantageous way for the owner,
Copyright © Leginet Ltd 2002 – 2005. All rights reserved.
Cyprus Legal Portal –
http://www.leginetcy.comUse of this document is subject to the agreed Terms and Conditions and it is protected by digitally embedded signatures against unauthorised use
(iii) he proceeds to the necessary payments for the fulfilment of obligations with regard to the property under administration,
6(d) of 59(I)
of 2003.
(iv) he sees to the necessary repairs, improvements, developments, crops, plantations or where it is needed, such property modifications that would be advantageous to the owner.
(v) he makes arrangements, concludes, terminates or annuls contracts or undertakes obligations or charges in relation to every such property and especially leases it with the most advantageous terms for the owner,
6(e) of 59(I)
of 2003. It is provided that if and in case contracts that are being concluded between the Guardian and any person contain clause in the form of sanction, in case they are being breached by any of the contracting parties, the Tender Public Law provisions shall be applied with regard to them.
102(I) of 1997
44(I) of 1998
103(I) of 1998
3(I) of 1999
24(I) of 1999
32(I) of 1999
45(I) of 1999
102(I) of 1999
40(I) of 2000
164(I) of 2000
177(I) of 2000
1(I) of 2001
33(I) of 2001
58(I) of 2001
59(I) of 2001.
(vi) to sell or dispose in a different way any such movable property that is subject to wear and tear or that due to its nature it should be sold or disposed in the interest of the owner.
(vii) in general to do anything that possibly or if need be, the administration of Turkish Cypriot properties entails.
(b) to bring or defend any action or referral or take part in any procedure in relation to the Turkish Cypriot property or to proceed to a compromise, an action or referral or any other procedure, that would be advantageous to the property or the owner.
6(f) of 59
of 2003.
(c) to accept the service of process, referrals, or any other Court documents that relate to the Turkish Cypriot property, to represent and commit the owner of any Turkish Cypriot property before any judicial, administrative or any other authority of the Republic or anywhere else apart from the Republic to give or receive notifications on the basis of the provisions of any Law implemented in relation to the Turkish Cypriot property and to attend on the spot researches and negotiations with regard to this property.
Copyright © Leginet Ltd 2002 – 2005. All rights reserved.
Cyprus Legal Portal –
http://www.leginetcy.comUse of this document is subject to the agreed Terms and Conditions and it is protected by digitally embedded signatures against unauthorised use
(d) to manage the Turkish Cypriot properties Fund that is being established under section 11 of this Law.
(e) to keep all fixed books regarding the administration of the Turkish Cypriot properties.
(f) to ask and receive by any interested person, Government Department or Authority, information in relation to any Turkish Cypriot property.
6(g) of 59(I)
of 2003.
(g) to exercise all rights and execute all obligations emanating from any legal contract in which a Turkish Cypriot or the Central Committee that administered the Turkish Cypriot properties prior to the enactment of this Law, is a contracting party instead of him.
(h) in general, to take such measures or proceed to any action that would be necessary or advisable for the exercise of powers granted under this section:
It is provided that with regard to immovable property, the Guardian, during the exercise of these powers on the basis of this section, may not proceed to actions that shall have as a result following the expiry of this Law –
(i) The owner being other than the owner at the date of entry into force of this Law, unless in exceptional cases where that would be advantageous for the owner or necessary for the public interest or
(ii) The right of the owner in relation to the property being in any way limited or committed more than the absolute necessary or advantageous for this property or the owner or necessary for the public interest.
2of 56(I)
of 2006.
2 of 33(I)
of 1998.
Abolished by section 2 of 56(I) of 2006
2 of 35(I)
of 1994.
Assignment
of powers
by the
Guardian.
6.A. The Guardian may, in case and when he considers it advisable, to act through other competent officers or bodies following written assignment towards them of any of the powers granted to him by the basic law
7 of 59(I)
of 2003.
Guardian’s
authority
to conclude
Copyright © Leginet Ltd 2002 – 2005. All rights reserved.
Cyprus Legal Portal –
http://www.leginetcy.comUse of this document is subject to the agreed Terms and Conditions and it is protected by digitally embedded signatures against unauthorised use
contracts in
relation to
Turkish Cypriot
properties.
6.B. In relation to this authority to his authority to administer Turkish Cypriot properties, by virtue of section 5 of this Law and during the exercise of his powers by virtue of section 6 of this Law, the Guardian has the right, after first of all taking into consideration the opinion of the Advisory Committee and subject to the reservations set out by section 6 in question, in exceptional cases and only where this serves the public interest, to conclude contracts for the lease or assignment of the licence to use the Turkish Cypriot immovable property to the Government of the Republic, to public utility organisations and to the local authorities by virtue of which the use or the possession also of ownership is allowed, in such a way and under the terms that in the Guardian’s judgement serve not only the public interest but also the purposes of this Law.
Serving the
needs of the
refugees.
7. The Guardian, during the administration of the Turkish Cypriot properties and the exercise of his powers on the basis of this Law, shall see to serving the needs of the refugees, parallel to serving the interests of the owners of the properties in question on the basis of fixed criteria:
8 of 59(I)
of 2003.
It is provided that the Turkish Cypriot properties that are not necessary or that are beyond the needs or are being judged as unsuitable for the housing or professional or agricultural needs or for needs with regard to activating the refugees, may be leased in exceptional cases to displaced municipalities or communities or to residents of frontier communities that are not refugees but an important part of their agricultural land was occupied or is being impenetrable due to the Turkish invasion or to persons that have one parent refugee by decision of the Guardian, as shall be determined in the Regulations issued on the basis of this Law.
Possession
and / or use
of Turkish
Cypriot
property by
a legal
person.
8. – (1) Subject to subsection (2), the possession and / or use of Turkish Cypriot property by any legal person is allowed.
(2) In case the control or the company capital of the legal person ceases to belong to refugees, every possession and / or use of Turkish Cypriot property by the legal person is terminated.
Suspending
debt payment
Copyright © Leginet Ltd 2002 – 2005. All rights reserved.
Cyprus Legal Portal –
http://www.leginetcy.comUse of this document is subject to the agreed Terms and Conditions and it is protected by digitally embedded signatures against unauthorised use
owed to owner
of Turkish
Cypriot property.
9. The payment of any amount owed to an owner of Turkish Cypriot property in relation to this property is being suspended during the unsettled situation existing in the Republic of Cyprus due to the Turkish invasion.
Hierarchical
recourse.
9 of 59(I)
of 2003.
10. – (1) Any lessee / person on leave that is not satisfied by a decision of the Guardian which is being taken on the basis of the provisions of this Law and the issued Regulations on the basis of this Law has the right, within thirty days since the day the decision in question is served to him, by a written recourse of his in which are listed the reasons that imposed it to attack this decision.
(2) Every recourse being filed by virtue of the provisions of this section is being addressed towards the ad hoc Committee set up to this end by Ministers and consisting of the Ministers of Finance, Justice and Agriculture, Natural Resources and Environment
(3) The, according to the previous subsection, Committee set up by the Ministers examines without unjustified delay the recourse filed to it and, after hearing or giving the possibility to the petitioner to support the grounds on which the recourse is based, decides on the matter and serves its decision without any delay to the petitioner.
It is provided that the Committee by the Ministers may assign to officers of its Ministries to examine certain issues included in the recourse and to submit to the Committee the finding of this examination before issuing its decision on the finding.
(4) The filed recourse by virtue of the provisions of this section suspends the execution of any decision of the Guardian against which the recourse was filed until the issuance of the decision by the Committee of the Ministers.
Turkish Cypriot
properties Fund.
11. – (1) Under this Law and for purposes of this Law a Special Fund under the name ‘Turkish Cypriot Properties Fund’ is being established, that shall be under the administration of the Guardian. All collections are being deposited in the Fund and all payments are made from this Fund, under the provisions of this Law.
(2) The Guardian keeps all fixed books of the Fund and follows all fiscal instructions, applied in the public service with regard to the accounting management of the Fund.
3 of 35(I)
of 1994.
Copyright © Leginet Ltd 2002 – 2005. All rights reserved.
Cyprus Legal Portal –
http://www.leginetcy.comUse of this document is subject to the agreed Terms and Conditions and it is protected by digitally embedded signatures against unauthorised use
(3) The Fund has its own budget that is drawn up every year by the Guardian and is subject to the approval of the Council of Ministers and the House of Representatives.
(4) the budget covers the financial programme of the Fund for every fiscal year, that starts on the 1st of January and ends on the 31st of December.
Audit of
accounts.
12. – (1) The accounts of the Special Fund must be ready for audit until the end of April of the next year exactly by the Auditor General of the Republic.
(2) The Auditor General may summon the Guardian or another representative of his, to give him information and explanations or deliver him any book, contract, account or any other evidence necessary for the audit.
10 of 59(I)
of 2003.
(3) The Special Fund’s accounts must be ready for audit until the end of April of the exactly next year the audit refers to.
(4) When the audit is completed and in any case not later than the 30th of June, the Auditor General has to submit to the Guardian the audited accounts and his Report on them.
Annual
Report.
13. The soonest possible, after the ending of each year, the Guardian has to submit to the House of Representatives an annual Report with regard to his powers, that he exercised during the given time, together with a copy of the audited accounts of the Special Fund and the Report of the Auditor General.
Non – application
of the Regulated
Leases Law.
23 of 1983
51 of 1983
39 of 1984
79 of 1986
94 of 1986
135 of 1988
51 of 1989.
14. The provisions of the Regulated Leases Law do not apply in the cases of the Turkish Cypriot properties.
Offences. 15. – (1) Any person that –
Copyright © Leginet Ltd 2002 – 2005. All rights reserved.
Cyprus Legal Portal –
http://www.leginetcy.comUse of this document is subject to the agreed Terms and Conditions and it is protected by digitally embedded signatures against unauthorised use
(a) Without any reasonable reason refuses to give any information he knows and that is being asked by the Guardian,
(b) Pays any debt owed to a Turkish Cypriot to any other person other than the Guardian,
(c) Acquires possession or in any way use of the Turkish Cypriot property in a way other that the one provided for in this Law,
is guilty of penal offence and is subject to imprisonment not exceeding three months or to fine not exceeding one thousand pounds or even to both penalties.
(2) The Court shall in parallel have authority in case of a conviction to issue an eviction decree or prohibition of use against persons that occupy, use in any way Turkish Cypriot property against the provisions of this Law.
2 of 7(I)
of 1996.
(3) Irrespective of any other measures that are going to be taken against the person acquiring possession or use of the Turkish Cypriot property in a way other than the one provided for in this Law, the Guardian or his authorised representative may proceed, with the assistance of the police, if need be, to the recovery of the possession of the Turkish Cypriot property and the transfer or even removal from it of any object, instrument, construction or material and the Guardian or his authorised representative has to take all reasonable measures for their safe protection.:
11(a) of 59(I)
of 2003.
It is provided that before taking the above – mentioned measures the Guardian or his authorised representative shall serve a written notice to the offender or the person being responsible or having the control of the object, the instrument, the kind, the construction or the material, in case he is known, within thirty days following the receipt of the notice to deliver the possession of the Turkish Cypriot property or move or even remove from that property any object, kind, instrument or material. If the personal service of the written notice is not possible or if the offender or the person that is responsible for or has the control of the object is not known, this notice is being posted up at a prominent place in the judgement of the Guardian or his authorised representative.
It is being moreover understood that the offender from the time he receives the above written notification, he has the right to submit an application that is being examined within thirty days and the claimed Turkish Cypriot property is being ceded to him, by priority, in case he meets the criteria.
It is being moreover understood that the Guardian shall notify the House of Representatives about the date of entry into force of this Law, the names of the illegally occupying or using Turkish Cypriot property, the names of those notified to deliver the possession or use and those from which the recovery or the possession of the Turkish Cypriot property was made.
11(a) of 59(I)
of 2003.
It is being moreover understood that any person that does not have a document of assignment of Turkish Cypriot property, is presumed as illegally possessing it.
Copyright © Leginet Ltd 2002 – 2005. All rights reserved.
Cyprus Legal Portal –
http://www.leginetcy.comUse of this document is subject to the agreed Terms and Conditions and it is protected by digitally embedded signatures against unauthorised use
11(b) of 59(I)
of 2003.
(3A) In cases where the lessee of the Turkish Cypriot property changes the place where he resides, then, in case he continues to use the Turkish Cypriot property that was granted to him, the Guardian may prolong this lease to the same person. In cases also where the lessee retires, but continues being active, the Guardian may allow the continuation of the lease of all or part of the Turkish Cypriot property:
It is provided that in cases where, subject to the provisions of this subsection, the Guardian does not extend the lease of the Turkish Cypriot property, but exercises the right to recover its possession, the conditions to assign such a property by virtue of this Law and by virtue of the issued Regulations are being pro rata applied.
(4) (a) All expenses made by the Guardian or his authorised representative to recover the possession of the Turkish Cypriot property and the transfer, removal and safe – keeping of any object, kind, instrument, construction or material, are being paid to the Guardian or his authorised representative by the offender or the person that is responsible or has the control of the object, the kind, the instrument, the construction or the material.
(b) In case he is not known to the Guardian or to his authorised representative the offender or the person that is responsible or has the control of the object, the kind, the instrument or the material that is under the protection of the guardian or his authorised representative, he ought to proceed to a notification that shall be published to the Official Gazette of the Government and through which he shall describe the object, the kind, the instrument, the construction or the material and shall summon every person that claims it, to submit his claim to the Guardian or his authorised representative within a month from this publication.
(c) Every object, kind, instrument, construction or material under the protection of the Guardian or his authorised representative and that shall not be claimed within a month from the publication of the notification mentioned in subsection (b) above or not received by his owner within one month since the day of the notification, may be sold or disposed in an other way or destroyed, as shall be determined by the Guardian or his authorised representative.
Regulations
16 – (1) The Council of Ministers issues within two months since the date of the entry into force of this Law Regulations that are being published in the Official Gazette of the Republic for the best implementation of the provisions of this Law and in order to determine each matter that under these provisions may or must be determined.
(2) Without prejudice to the generality of subsection (1), the Regulations that shall be issued by the Council of Ministers may provide for the criteria that shall apply in the cases of leasing the Turkish Cypriot property and the relevant procedure that shall be followed.
Copyright © Leginet Ltd 2002 – 2005. All rights reserved.
Cyprus Legal Portal –
http://www.leginetcy.comUse of this document is subject to the agreed Terms and Conditions and it is protected by digitally embedded signatures against unauthorised use
(3) Regulations issued on the basis of this section are being submitted to the House of Representatives. If within sixty days since this submission the House of Representatives by its decision does not amend or quash these in full or partly, then these Regulations, immediately after the lapse of the above deadline are being published in the Official Gazette of the Republic and enter into force with this publication. In case the House of Representatives modifies them in full or partly they are being published in the Official Gazette of the Republic, as they have been modified by the House and they enter into force with this publication.
Validity of
this Law.
17. This Law enters into force as of July 1, 1991 and remains into force until the Council of Ministers, with its notification that shall be published in the Official Gazette of the Republic, declares the expiry of this validity.
13 of 59 of
2003.
13. This Law (59(I) of 2003) enters into force since the date of its publication in the Official Gazette of the Republic, apart from section 4A subsection (4) included in section 4 of this Law, which enters into force as of January 1st, 2004.
