File 2/5 X 'SHAIKH'S DATE GARDENS' [‎150r] (304/592)

Extract from the Iraqi Government Gazette No.21 dated 22nd May,
317
252.-LAND SETTLEMENT LAW No. 29 OF 1938.
We. KING op ‘IRAQ,
With the approval of the Senate and the Chamber of Deputies, do hereby
order the enactment of the following Law:—
Article 1 .— (a) The Minister of Finance may specify in a notification to be
published in the Official Gazette one or more areas for the
purpose of carrying out Land Settlement therein by means of
one or more Settlement Officers and the Court or Courts
described in this Law. He may also cancel or suspend Settle
ment in a notified area.
(&) The Minister of Finance may exclude any part of an area
notified for the purpose of Settlement under the notification
mentioned in para (a) above wherein Land Settlement has
not been completed.
(c) The area or areas specified shall be of those that have been
surveyed and mapped on a scale not smaller than 1/20,000 if
under cultivation and exploitation; if not, on any scale.
Article 2 .—A Settlement Officer shall be accompanied when necessary by one
or more Assistants and one or more Tapu officials and he shall have
placed under his orders, in such strength as is necessary, a survey
party and office staff. He may delegate his powers in part or in
whole to his Assistants, excepting the issue of the final decision.
Article 5.—Settlement shall include the following matters:—
(1) Definition of the category of lands and their ownership ;
(2) Confirmation of rights appurtenant to land such as ‘ Aqr, rights of
way, of waterway, of drainage and of drinking and also special
interests described in this law such as usufruct, lazma and
Mugharissa (plantation), and determination of the ownership of
all such rights and interests.
(3) Delimitation of boundaries and definition of areas of land and
localisation of the rights described in sub-Article (2) above.
Article 4 The Court referred to in this law shall be a Special Court set up
in accordance with Article 88 (4) of the Organic Law, and it may
be composed of a single judge or a bench appointed by the Minister
of Justice by a notification published in the Official Gazette, which
shall also describe the place at which the Court shall sit.
Article
-The categories of land are as hereinafter described in detail :-
(1) Mulk land.
(2) Matruka land.
~(3) Waqf land, that is
firstly Waqf Sahih (or True Waqf).
secondly Waqf Ghair Sahih (or Waqf not true Waqf).
(4) Miri land, that is
firstly granted in Tapu.
secondly granted in Lazma.
thirdly Miri Sirf.
Article 6 .— (n
‘miri sirf 7
‘Mowat”
‘Mowat” land shall be included in the category of
and the provisions of the Land Code relating to
shall cease to apply as from the date of the notice sped ying
a Settlement Area published in accordance with Article 1 {a)
of this Law.
(h) Where any document is produced as evidence that land is of
the eateo-ory of Waqf Sahih and where it is established to the
satisfaction of the Settlement Officer that the owner of the
said document has neglected, without reasonable excuse, to
exercise his right of possession in that land either directly or by
other means, for a period of 36 years prior to the date of Settle
ment and where it is further established that the State has exer-
e sd a right of possession during the said period the document
shall be set aside and the land shall be regarded as Mm not
granted in Tapu notwithstanding the effect of Article 9.
( .) \y] r . r e any document is produced as evidence that land is of
( the category of Mulk, or ‘Waqf Ghair Sahih’ and where it is
established to the satisfaction of the Settlement Officer that the
owner of the said document has neglected without reasonable
excuse to exercise a right of possession in the land for a period