Article 159

1. (a) All immovable properties registered in the name of the Government of Cyprus before the l6th of August 1960 and all immovable properties transferred to the Government of Cyprus after the l6th of August 1960 ; roads, waters, water resources, ports, harbours and shores, docks and piers, lakes, riverbeds, and lakebeds, historical cities, buildings, remains and castles and the sites thereof, natural wealths and underground resources, forests, defence buildings and installations, green areas and parks belonging to the public ; public village roads and pathways in the fields ; and buildings used for public services ;

2. All immovable properties, buildings and installations which were found abandoned on l3th February, 1975 when the Turkish Federated State of Cyprus was proclaimed or which were considered by law as abandoned or ownerless after the abovementionad date, or which should have been in the possesion or control of the public even though their ownership had not yet been determined ; and
3. all immovable properties found within the area of military installations, docks, camps and other training grounds specified in the 1960 Treaty of Establishment and its Annexes,

1. Notwithstanding any other provisions of this Constitution, the ownership of the immovable properties specified in sub-paragraphs (a) and (c) of paragraph (1) above shall not be transferred to real and legal persons.

   Provided that the making of the necessary adjustment by the State to public roads and to public village roads and field pathways is exempted from the above provision.

   Easements and other similar rights for specified periods and long term leases over such immovable properties may be established and registered in the manner and under the conditions prescribed by law for purposes of public interest.

   The establishment and registration of such rights, the period of which exceeds fifty years, shall be subject to the approval of the Assembly of the Republic.

2. Out of the properties specified in subparagraph (b) of paragraph (1) above, the transfer of the right of ownership to real and legal persons of immovable properties other than forests, green areas, monuments and parking places, waters, underground waters, natural resources and buildings, installations and sites required for defence, public administration and military purposes and those required for purposes of town and country planning and soil conservation, shall be regulated by law.
3. In the event of any person coming forward and claiming legal rights in connection with the immovable properties included in subparagraphs (b) and (c) of paragraph (1) above, the necessary procedure and conditions to be complied with by such persons for proving their rights and the basis on which compensation shall be paid to them, shall be regulated by law.
4. Places of religious worship and the immovable properties in which they are situated shall not be transferred to real and legal persons. The State shall take the necessary measures for the safeguard, maintenance and preservation of such places and, properties.

Article 160

1. Any person who, immediately before the date of the coming, into operation of this Constitution, holds an office in the public service shall, after that date, be entitled to the same terms and conditions of service as were applicable to him before that date. Those terms and conditions shall not be altered to his disadvantage on the date of the coming, into operation of this Constitution or thereafter during the period he shall be a public office, or of the Turkish Republic of Northern Cyprus.

   Public officers referred to in this Article shall continue in office without new appointments being necessary.

2. For purposes of this Article "public officer" includes any person who immediately before the coming into operation of this Constitution held any office in the public service of the Turkish Republic of Northern Cyprus and any person described as other public personnel by this Constitution.
3. For purposes of this Article " terms and conditions of service " includes remuneration, leave, dismissal, termination of service, pension, gratuity and similar rights prescribed under legislation in force on the date of the coming into operation of this Constitution.

Article 161

1. The laws, rules, regulations and other subsidiary legislation and notices, notifications and similar public instruments prescribed by law, shall be published in the Official Gazette printed at the State Printing Office under the supervision of the Prime Minister's Office.
2. The administration of the Official Gazette, its form an conditions and the manner in which it shall be published and distributed and other matters, shall be regulated by law.
3. The legislation and other public instruments specified in paragraph (1) above shall not come into force unless published in the Official Gazette.

PART VII. - TRANSITIONAL PROVISIONS

Transitional Article 1

1. The necessary social, economic, financial and other measures, including compensation, for the protection of the citizens who have emigrated or sustained, directly or indirectly, any loss because of the national resistance of the Turkish Community or during such resistance, shall be regulated by law.
2. The right of the citizens of the Turkish Republic of Northern Cyprus to ask for immovable property of equal value, from the State, in return for their immovable properties left in Cyprus outside the boundaries of the State, shall be reserved; such right shall be regulated by law and the transfer of ownership of the immovable properties included in paragraph (2) of Article 159 of this Constitution to the persons entitled shall be effected with priority. Property shall also be granted to the martyrs and to disabled veterans and to those other persons entitled to .the grant of property for other reasons specified in the law.
3. The State shall take the necessary social, economic, financial and other measures for the rehabilitation of the refugees under equal status and for rendering them useful to themselves, to their families and to the community; the State shall give the necessary assistance until such rehabilitation is realized.
4. The rights of the Turkish citizens of the Turkish Republic of Northern Cyprus to claim compensation for loss of income or damage sustained by them as a result of the movable and immovable properties which they were obliged to abandon, shall be reserved. Such rights shall be regulated by law.
5. Subject to compliance with the requirement for giving priority to the grant of immovable property of equal value, the transactions relating to the transfer of property rights with regard to immovable properties, to entitled persons, shall; be completed within a period of five years, at the latest, as from the date of the coming into operation of this Constitution.

Transitional Article 2

The income or the annual rents of the movable and immovable properties held by citizens who have become entitled persons under the provisions of the Transitional Article 1, shall be objectively calculated as from the date when they came into possession of such properties and deducted from their entitlements as specified, or to be specified, by law should the latter be more. On completion of this transaction, the State shall pay any balance that may be due to the persons entitled; and if any entitled persons are found to owe money to the State, they shall pay their debts to the State within a reasonable period.

Transitional Article 3

1. Notwithstanding the provisions of paragraph (2) of Article 159 of this Constitution, the property rights on State lands known as " forest land " situated in areas of Minor State Forests and used as agricultural land since 1st January, 1955, may be transferred to the actual possessors of such lands.

   For the purposes of this paragraph, "actual possessor " means the person who turned the immovable property into an agricultural land and who has continued to utalize it as from 1st January, 1955 and includes the legal heirs of such persons and the person who has taken over from such heirs. The application of this paragraph shall be regulated by law.

2. The future of the State lands included in the category specified in paragraph (1) which were until 20th July 1974, in the actual possession of persons who were not members of the Turkish Cypriot Community, shall be regulated by law.

Transitional Article 4

1. The legislation in force on the date of the coming into operation of this Constitution shall continue to be in force, in so far as such legislation is not contrary to or inconsistent with the provisions of this Constitution.
2. Resolution No. 50 of the Assembly of the Turkish Federated State of Cyprus dated the 15th November 1983 which approved the establishment of the Turkish Republic of Northern Cyprus and the text of the Declaration of Independence shall also continue to be in force in so far as it is not contrary to or inconsistent with the provisions of this Constitution.
3. The persons, associations and institutions specified in Article 147 of this Constitution may initiate an annulment suit in the Constitutional Court in respect of the legislation in force on the allegation that such legislation is contrary to or inconsistent with this Constitution. The right to initiate such annulment suit shall lapse at the end of a period or sixty days commencing as from the date of assumption of duty by the Assembly of the Republic.
4. Legislation deemed to have remained in force under this, Article shall not be treated as legislation having the force of or possesing the quality of the Constitution and may, according to its nature, be annulled, amended or repealed by any law or by the decision of any organ authorised by this Constitution.

Transitional Article 5

Elections for the Assembly of the Republic shall be held on a date to be decided upon by the Constituent Assembly of the Turkish Republic of Northern Cyprus after this Constitution is accepted at a referendum and put into operation by publication in the Official Gazette. Such date shall be the polling day from the point of view of electoral proceedings. The dates of other electoral proceedings shall be fixed by the High Electoral Council.

Transitional Article 6

The first elections for the Presidency of the Republic under this Constitution, shall be held on the same day and together with the elections for the Assembly of the Republic and the elected President of the Republic shall take office after taking the oath before the Assembly on the next day following the day or which the Assembly of the Republic meet; and takes over its duties. The office of the former President of the Republic shall come to an end at the same time as the elected President of the Republic takes office.

Provided that, the Constituent Assembly may, where the circumstances so·require, decide on the holding of the elections for the Presidency of the Republic on a different day.

Transitional Article 7

Upon the meeting of the Assembly of the Republic established in accordance with this Constitution, the legal existence of the Constituent Assembly constituted under Decision No. 3 of the Assembly dated 2nd December 1983 shall come to an end and the Constituent Assembly shall be automatically dissolved.

Transitional Article 8

The provisions of the Standing Orders of the Assembly of the Turkish Federated State of Cyprus which are not contrary to or inconsistent with this Constitution, shall continue to apply until, new Standing Orders regulating the meetings and functions of the Assembly of the Republic set up under this Constitution, are made.

Transitional Article 9

Upon the formation, by the President of the Republic of the new Council of Ministers in accordance with Article 106 of this Constitution, the term of office of the present Council of Ministers shall automatically come to an end.

Transitional Article 10

The provisions of Article 117 of this Constitution shall not come into force as long as the defence and internal security of the Turkish people of Cyprus and the international situation so necessitate. All forces used in, providing the external and internal security on the date of the coming into operation of the Constitution, shall continue to be so used, and the procedure and provisions being implemented regarding such forces and the bases of cooperation accepted and to be accepted in respect of these matters shall continue to be implemented.

Transitional Article l1

Until the laws relating to the establishment and functions of the new organs, institutions and councils accepted by this Constitution are enacted by the Assembly of the Republic and put into force, the provisions of the existing legislation on these matters shall continue to be applied and the existing organs, institutions and councils shall continue with their duties.

Transitional Article 12

The text of this Constitution shall be published in the Official Gazette within ten days from the date of its approval by the Constituent Assembly.

Transitional Article l3

Death sentences provided for offences necessitating a death sentence in the legislation in force, excluding the death sentences provided in paragraph (2) of Article 15 of this Constitution, shall be altered to life imprisonment as from the date of the coming into operation of this Constitution.

PART VIII. - FINAL PROVISIONS

Article 162

1. The, provisions of this Constitution may be, amended, partially or wholly, only by a proposal made by at least ten members of the Assembly of the Republic and by the approval of the proposal by a two third majority of the total number of the members of the Assembly.

   The provisions of Article 9 of this Constitution are reserved.

2. The debating of the proposals made in connection with the amendment of the Constitution and the acceptance of such proposals shall, without prejudice to the conditions set out in paragraph (1), be subject to the provisions relating to the debate and acceptance of laws.

   Provided that amendment proposals shall not be debated before the lapse of thirty days as from the date of the submission of the proposal.

3. The amendments to the Constitution, if accepted by a referendum, shall come into force upon publication in the Official Gazette by the President of the Republic within ten days of such referendum.

Article 163

The preamble which specifies the communal struggle and the basic views and principles on which this Constitution is based, shall be considered as part of the text of this Constitution.

Article 164

This Constitution shall come into operation and become the Constitution of the Turkish Republic of Northern Cyprus after its submission to a referendum and acceptance thereby and upon its publication in the Official Gazette, within ten days of such acceptance, at the latest, togehether with the results of the referendum.