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الجنس : انثى
المستوى الأكاديمي : تعليم جامعي (بكالوريوس)
الجامعة الحالية/التي تخرجت منها ؟ : الجامعة الأردنية
الحالة الاجتماعية : اعزب
Article (1)
This law is called ( the law of Housing and Urban Development for the year 1992 ) and is considered official from the date of publication in the official Gazette .
The phrase ministry and ruler affairs and environment was cancelled and replaced by ministry of municipal affairs and the phrase minister of municipal affairs under the 2nd Article .
Article (2)
The following words and phrases wherever mentioned in this law , should have the same meanings assigned to them below unless the contex indicates otherwise :
The corporation :
Housing and Urban Development corporation (HUDC) .
The Minister :
Minister of Public Works and Housing .
The Board :
Board of Directors of (HUDC) .
Director General :
Director General of the (HUDC) .
Beneficiary :
Any natural legal person benefiting from (HUDC) .
Property :
Any land either contains building or not .
Hosing unit :
The unit as allocated to the beneficiary under the provisions of this Act or building established by the beneficiary on a piece of land allocated to him / her by corporation for the purpose of housing .
Funding :
Any legal entity licensed to lend in accordance with the relevant legislation with the consent of the beneficiary and approved by (HUDC) to grant such loan allocated to the beneficiary .
Thus, this Article has become as modified by amendment Act No. 6 of 2007 .
Article (3)
A public corporation called (The Housing and Urban Development corporation) to be established in the Hashemite Kingdom of Jordan which has a legal , financial and administrative autonomy , and as such to conduct all legal transactions , including the ownership and investment of funds (fixed and transferable), signing contracts and carrying out all legal proceedings related and (HUDC) may authorize the Attorney General of any civil or other attorney.
Thus , this Article has become , as amended by amendment Act No .of 2007 .
Article (4)
As this law becomes in force, (HUDC) becomes the legal and factual successor of the Housing Corporation and the Urban Development Corporation and all of its projects, assets movable and immovable .
and shall bear all their obligations, including previously signed contracts for the purposes of Housing and Urban Development, these contracts to be considered as contracts signed with (HUDC).
Article (5)
All staff and employees of both institutions becomes employees of the new institution (HUDC) with their rights and obligations.
Article (6)
HUDC by all means contribute actively in providing housing and develop low serviced areas in the Hashemite Kingdom Of Jordan in all ways and means available including .
Recommendation to the cabinet on the general policies of the HUDC with regard to housing , environment and in cooperation with the concerned related authorities .
Follow up the implementation of the national housing strategy and the preparation of any necessary legislation to implement them.
Carry out studies and research through regional development units for the purpose of establishing new neighborhoods in areas of residential expansion within the boundaries of municipalities and zoned areas ( and also outside zoned areas) and establish new residential areas.
Conduct population, socio-economic, studies as well as environmental , health studies related to housing and urban development for the purpose of allocating housing needs and essential services in densely populated areas and work on eradication of regression of squatter areas and help residents to build better decent housing.
Promote vocational training programs and encourage small industrials within HUDC projects.
Help beneficiaries from HUDC projects to access affordable loans from funding agencies.
Establishment of investment projects either through HUDC resources or through investment contracts with developers from the private sector and in line with the objectives of HUDC.
Study and establish any project or building belonging to the government and /or any of its institution as guided by cabinet.
This Article has became after the cancellation of the text of paragraphs (g) and replacing it with the current text under the amended act No.6 of 2007
Where the text of paragraph (g) was as follows Building investment projects within housing and urban development projects.
Article (7)
HUDC is managed by a Board of Directors (BOD) formed as follow :
The Minister .Chairman.
The Director General: Vice-Chairman.
Representative of the Ministry of Planning : member
Representative of the Ministry of Municipal Affairs: member.
Representative of the Department of lands and survey: member.
Representative of the Central Bank of Jordan: member.
Representative of the Water Authority: member.
Representative of the Greater Amman Municipality member.
Four experienced and skilled members from the private sector appointed by the government upon the recommendation of the minister for two years, subjects to renewal.
Members are appointment as in items (3-8)of paragraph (a) of this article by competent minister or the competent authority provided members should have at least the first grade on the civil service by law scale.
The Board of Directors shall meet once a month at least, and whenever there is need to convene, by a call from chairman of the board or his deputy in his absence. The meeting is considered legitimate if attended by at least (7) of its members provided the chairman or his deputy attends the meeting, and the board decision are taken unanimously or by majority votes of those presents and if the votes are equally divided, the chairman out weight the votes.
Thus, this article has become as amended by amendment Act. No 6 of 2007 where the text of paragraph (8, 9, 10, and 11) and the text of paragraph (b) the former reads as follows:
A representative or the Electricity Authority: member.
A representative of the Greater Amman Municipality: member.
A representative of the Housing Bank.
Two representatives from the private sector appointed by the cabinet upon recommendation of the minister for two years, subject to renewal.
Members are appointment as in items (3-9) of paragraph (a) of this article by the cabinet upon the recommendation of the competent authority provided members should have at least first grade on the civil service by law scale.
Article (8)
The BOD is the supreme authority of HUDC and takes the appropriate decisions to achieve the purposes, objectives, and exercise the powers necessary to do so and in particular the following:
Purpose the general policy of the HUDC in the kingdom and follow up the issuance of the relevant legislation to this end.
Lay down a plan of implementation of the general housing and urban development policy in the HKJ where priority is given to projects targeting the low-income groups according to the definition established by the Board for that income segment .
Approve the annual balance sheet (budget) and presented it to the cabinet for approval.
Ask the cabinet for loans and issuance of debt securities after approval from the government.
Purchase of land /or acquisition (Estmlak) for the purpose of building HUDC projects and also the preparation of the design schemes of housing units and public utilities and carry out transactions related to parcellation ,merge of those pieces of lands in accordance with special provisions that are set by regulators at the request of HUDC and according to the nature of the project.
Lease land or construction-owned enterprises and /or any property owned by HUDC and also sale of land and property after parcellation as required by the objectives of HUDC ant its activities.
The allocation of property for the purpose of the ownership in order to match the cost identifies by the Board.
Thus, this article has become after the cancellation of the text of paragraph (f) and replacing it with the current text under the amended Act. No 69 of 2001, where the text of paragraph (f) read as follows:
Lease land and houses and /or any other built constructions after parcellation and delivery of utilities for those areas.
Article (9)
The Director-General of HUDC carry out the following functions and powers:
Implementation of the policies lay down by the board and the decision it takes.
Supervision of the administrative, financial and technical staff of HUDC.
Oversee the management and the execution of HUDC works related to it.
Preparation of the HUDC annual budget and presented it to the board.
Exercise of the powers and authorities conferred by the board.
Article (10)
HUDC resources consist of the following:
Amounts allocated by the government.
Debt securities approved by the government.
Funds deposits by the beneficiaries with HUDC as savings for them in accordance with a special by law issued for that purpose .
Proceeds of the sale and leasing of real estate and through its investment activities.
Grants and subsidies denoted to HUDC on consent of the government approval.
Any other source approved by the government.
Thus, this article has become after the addition of this statement (and its invest activates) to the end of paragraph (e) under the amended Act. No.6 of 2006.
Article (11)
The government shall insure in absolute terms the obligations of HUDC to others.
Article (12)
The government owned land maybe granted to HUDC for housing projects free of charge.
Article (13)
The Board has the right of allocation of property ownership to the beneficiary according to his needs provided he is financially capable to pay according to the following conditions:
The beneficiary should carry the Jordanian citizen ship and has completed 18 years of age
The beneficiaries and /or any of his minor children have no property in there names in the project area as allocated by the board , or be able to construct such a housing in light of the beneficiary's financial capability.
The beneficiary and /or his minor children should not have benefited from any other project.
If the number of low income applicants is not sufficient and HUDC interest is seen to allocate it to beneficiaries that do not conform to conditions contained in items (2 and 3) of paragraph (a) of this article in accordance with the instructions established by the Board and approved by the government.
Thus, as these have become of paragraph (a) and renum being paragraphs (A, B and C) to read (1, 2, 3) and the addition of paragraph (B) under the current text of amended Act. No. 6 of 2007.
The text in the previous paragraphs was as follows:
The beneficiary and his wife or any of his minor children owns property in the project area as allocated by the board or is capable to construct such property or purchase it in the light of beneficiary or his spouse financial capabilities.
The beneficiary or his spouse or any of his minor children has benefited from any housing project from any government project in any area.
Article (14)
HUDC has the right to recover the property from the defaulted beneficiary if he /she stopped paying the monthly installments in accordance with the following:
If the beneficiaries fail to pay three consecutive installments or five separate ones of the premiums on his property he will be notified by a notary public asking. him to pay the premiums within fifteen days from the date notified warning.
If the fifteen days period expired and the beneficiary has not paid the late installments, the Board has the right to cancel the allocation of his property and recover it without the consent of HUDC.
The decision of the Board is notified through the notary and the decision becomes enforceable after thirty days from the date of reporting.
If found by the notary that beneficiaries’ place residence is unknown, the Director General has the right to notify the beneficiary of the decision under this rule by publishing in a daily newspaper and at least one newspaper.
If the beneficiary has committed any breach of the terms and conditions of the HUDC zoning laws as listed in its laws and related by laws, and did not remove or rectify the breach within sixty days from the date notified judicially through HUDC and thus the address specified by him.
The recovering order and eviction is done through Chamber procedure .
If the beneficiary propose a settlement and accepted by HUDC the recovery decision is suspended and cancelled after settlement is finalized.
The beneficiary has the right to appeal the decision of the cancellation of allocation within sixty days from the date of informing him of the verdict.
Thus, this article has become as amended by amendment Act. No.6 of 2007
Article (15)
The beneficiaries rights and obligation to his legal heirs.
Article (16)
The property remains under HUDC ownership until the beneficiary pay in full the required installments or pay in cash and fulfill all commitment for at least two years from the date of the decision of the allocation by the Board or the date of receipt of the property whichever due first where HUDC completes the zoning procedures , provided HUDC to complete zoning procedures .
Despite stated in item (1) of this paragraph the board may issue approval for the beneficiary to swap property in accordance with the instructions issued for that purpose.
HUDC carry out all procedures for the transfer of ownership of the property to the beneficiary in accordance with the provisions of this law, based on a decision of the Board where HUDC notifies Lands and Survey Department to implement such decision in accordance with the legislation without the need to go to the land registration directorate .
Provisions of applicable laws and by laws relating to the exemption of the beneficiary for the registration of transactions of residential units to be waived for other people in accordance with the provision of the act .
If no registration of ownership of the property is taken regarding the beneficiaries property within the period set out it item (1) of paragraph (A) of this article due to certain circumstances, the Board may issue approval for the beneficiaries at a written request of the beneficiaries giving him /her the right to waive the property to others .
The beneficiary is exempt of the requirement of the period specified in item (1) of paragraph (a) of this article and after completion of the parcellation procedures and paid in full the price of the property to HUDC, the beneficiary financial capability is studied , more than one house on his/her units on the condition that he owns only an housing units and he is banned from the right of that propriety (sell or lease) at the competent departments .
In case of the beneficiary delinquency and due to distress circumstances he may waiver the right to benefit for someone else, after approval from the board for the right to allow the beneficiary to waiver to others after period set forth in item (1) of paragraph (a) of this the article.
All rights and obligations of the beneficiary is transferred to the third party, refered to in item (1) of this paragraph that must be met the conditions set forth in paragraph (a) of article (13) of this law on condition That all payments are paid in full for the property as of the date of waiver.
It is prohibited to write mortgage on the property foreclosed or sold through the execution related department or land registration department in return for debt due for any agency (public or private) before transfer of ownership of the beneficiary or this successor in accordance with the applicable legislation .
Despite what is included in paragraph (f) of this article HUDC has the right to organize the mortgage insurance between the beneficiary and the funding agency before. transferring ownership of property in the name of the beneficiary due to incomplete parcellation procedures , and in that case a mortgage foreclosed at the land registration authorities without the need for new loan insurance or the need of beneficiary attendance for the purpose of the mortgage procedures.
Despite what was mentioned in other legislation if the debt of the beneficiary is due to the funding agency prior to the transfer of ownership of property because of incomplete procedures and the beneficiary Default, then the funding agency has the right to go to judicial authority to put the land in its jurisdiction the waiver right of the beneficiary .
In accordance with the procedures set out in the Implementation Act.
Upon the sale of the fixed asset, although the ownership of the property is still in HUDC hands and after the decision of outright assignment is issued in accordance with the execution implementation law, so that the benefit right of the property mentioned above is transferred to the person who is now entitled the right to benefit from the property
The provisions of paragraph (h) of this article apply to all previous cases, before the provision of this paragraph is in force.
Thus, this article has become after the cancellation of the previous text and replaced by the current text, under the amended act No. 6 of 2007.
Where the former had read as follows:
The property remains under HUDC ownership until the beneficiary to pay in full all financial commitments , then HUDC transfers ownership of property upon decision from the Board and HUDC notifies land and survey department of such decision for execution purposes in accordance with the laws and by laws without the need for both parties to attend to the registration department.
Article (17)
if the beneficiary had to evacuate the housing unit due to unpredictable circumstances for example job relocation he / she may lease the unit in accordance with the conditions decided by the Board and the lease is considered terminated by the time limit issued by the Board , despite what is stated in the law of the owners and tenants
if the beneficiary ran into default and his property is already leased , HUDC has the right to collect the premiums of the lease by a decision taken by the board.
Thus this article has become after the cancellation of the text of paragraph (a) above, and replace it with the current text under the amended Act. No.6 of 2007.
Where the former had read as follows:
If the beneficiary had to to evacuate the property due to any circumstances like moving to another job in remote area beneficiary may lease the property after getting approval from the Board for one year and can be extended with consent of the Board and the lease is closed sentence after 3 months from the date of the emergency circumstances although what is stated in the owner and tenants law .
Article (18)
The provisions contained in article (16) of this act do not apply on the existing housing units or units constructed in HUDC development sites and the Board to issue the relevant instructions related .
Thus , this article has become after the cancellation of the previous text and replace it with the current text under the amended act No .6 of 2007 .
Where the former had read as follows :
Subject to the provisious of paragraph (b) of this article , the beneficiary could not sell the property allocated to him or waiver the rights of allocation to others only after (5) years of the issue of approval and the beneficiary has paid in full all outstandings obligation and may not during that period detained or sold by any government agencies like registration directorates unless that property is sold to fulfill a debt owned to HUDC and / or funding agency .
If the beneficiary build a housing unit on a piece of land allocated to him / her by HUDC and /or added extra buildings to the unit in accordance with the terms and conditions established by the act , he / she have the right to that land and what was built and added to it , he /she may sell it or transfer to others after (3) years at least of obtaining it and moving in and after authorisation and approvals from the local authorities.
The provision of paragraph (b) of this article is applied on land and housing project covered by the Urban development projects .
Article (19)
Land and survey department prepares zoning, merging And partition for all HUDC projects and it issues deeds that conforms to property which applies the provision of this law (on behalf of HUDC) article (20)
Although contained in any other legislation the beneficiary has to pay the tax on property and land within the boundaries of the municipalities and ruler areas , or any taxes fees or any other financial obligations imposed or levied in the future on the fixed assets within the boundaries of municipalities , ruler areas and beyond .
If a person reach an agreement with HUDC to purchase a property that is not parcelled or is unable to register upon agreement for any reason , the registration fees for that property to be collected from that person or his designatee at the time of registration on the basis of the purchased price recorded in the records of HUDC and any other fees shouldn’t be charged by HUDC on buildings constructed by him on condition that the registration procedure to be submitted to the registree within one year from the date of zoning inspite of the provisions of any other legislation.
Thus, this article has become as some of paragraph (a)
and addition of paragraph (b)
with the current text to it under the amended act. No. 6 of 2007
Article (21)
The government institution and local councils and other agencies each according to its field of specialization and in agreement and HUDC implements public utilities projects and deliver essential public services for HUDC projects . If unable to implement any of those projects HUDC have the right in this case to take over and finish these projects and refer to the agencies for cost incurred by HUDC
Article (22)
HUDC has the same exemptions and facilities enjoyed by the ministries and government departments.
HUDC funds and obligations are considered as treasury funds and collected under the law "Al Amwal Al Ameeria".
Article (23)
The Audit bureau Audits HUDC accounts and financial transactions and the Board may assign to any legal auditors to carry out this work
Article (24)
HUDC has the right to establish collaborative fund against risks and damages incurred to HUDC projects and /or beneficiaries or property allocated by HUDC to them and is dictated by ‘’ by-laws’’ issued under term of this law the conditions of participation in the fund and the amount and the provisions and compensation for cases related for those risks and compensation and in each case other provisions and matters related to the fund and beneficiaries thereof.
A fund to be established under the provision of this law called , housing finance support fund’’ aims at facilitating low income people to access adequate housing . The resources of the fund and investment strategies and the way of management and other matters related to it , is governed under a by law issued for this purpose.
HUDC to issue insurance on housing units against all or some of danger arising and issue life insurance for beneficiaries equals the amount of the unit allocated to the beneficiaries or the amount of loan given to him/her against monthly installments paid by the beneficiary to HUDC .
Thus ,This article has become as contained in paragraph (a) and the addition of paragraph (b) and (C) under the current text of the amended law No.6 of 2007.
Article (25)
The housing corporation law No.27 for the year 1968 and the by law of organization and management of development of urban development No.40 for the year 1986 and the amendments that have occurred on each of them on the condition that the regulations and instructions issued there under to the extent that they are not incompatible with provisions of this law, unless cancelled.
Article (26)
The cabinet to issue regulations necessary to implement the provision of this Act including regulations concerning the rights of beneficiaries and obligations and commitments which is not incurred in this law
Article (27)
The prime minister and the ministers to implement the provisions of this law.
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