Thailand Law Library

by Thailand Lawyer

Chapter 1: General Provisions

Unless otherwise provided by the law, the Director-General shall have powers and duties to supervise and carry out acts for purpose of protection and prevention, as it may think fit, of all land which is the public domain public of State or the State property. The Minister may assign this powers and duties to other public bodies.

The land which is the public domain of State for the common use of people or for special use of the State or the restricted or reserved land as requested by public bodies may be annulled or transferred for other use or allocated for people in the following circumstances:

1. The annulment or transfer of the land that is for the common use of people may be carried out under the Act provided that the public bodies, State or private enterprises make other land available for people in lieu thereof. If, nonetheless, such land ceases to be for the common use of people or its condition changes to the effect that it is not fit for the common use of people and its ownership is not vested in any person under any other laws, the annulment shall be carried out under the Royal Decree.
2. Provided that the public bodies cease to use the land or discontinue the restriction or reservation upon the land which has been for special use of State or restricted or reserved as requested by the public bodies, the Council of Ministers may, upon the annulment of the said land under the Royal Decree, assign the public bodies to use such land or reap benefits wherefrom. If, nonetheless, it is decided to transfer such land to the private bodies, it shall be done so under the Act or if to be allocated to people in accordance with this Code or other laws, it shall be carried out under the Royal Decree. In enactment of the Act or Royal Decree as prescribed in paragraph two, a map with land boundary lines shall be annexed thereto.

Regarding the public domain of State in which nobody has the possessory right or the land for the common use of people which has been annulled under Section 8 (1), the Minister shall have power to register the said land as to be officially used by public bodies in accordance with the rules and procedures prescribed in the Ministerial Regulations.

Prior to the registration under paragraph one, the cadastral survey shall be conducted and the Governor of the relevant province shall make arrangement for the notification or announcement of the said registration for public acknowledgement for a period of thirty days. Such notice shall be put up in public at the Land Office, the District (Amphoe) Office or the District Branch (King Amphoe) Office, the Sub-District Headman (Kamnan) Office, and within the confinement of such land.

Regarding the land which is the public domain of State for the common use of people or for special use of the State, the Director-General may make arrangement for the issuance of the Crown Lands Certificate specifying its boundaries for purpose of evidence. The issuance of the Crown Lands Certificate shall be in accordance with the forms, rules, and procedures as prescribed in the Ministerial Regulations.

With respect to the land which is under paragraph one but without the Crown Lands Certificate, its boundaries shall be in conformity to the official evidence.

Subject to the law on mining and forestry, persons without right to possession of such land or without permission from the competent authority are forbidden to:

1. enter, occupy or possess such land including the building of structures or burning of forests thereupon;
2. by any means to destroy or cause deterioration in the condition of the land, rock, gravel or sand within areas closed by proclamation in the Government Gazette; or
3. do anything to imperil the resources of the land.

The Local Government Organization in the provincial district shall apportion the remuneration paid under paragraph one to the Provincial Administrative Organization at the rate of forty percent of the total sum received within thirty days from the date of receipt to be the income of the Provincial Administrative Organization and the remainder after apportionment shall be realized as an income of the Local Government Organization of the locality in which the land is situated. In the case where such land is not situated within the governed district of the Provincial Administrative Organization, the remuneration received under paragraph one shall wholly become the income of the Local Government Organization.

The Director-General shall have the power to arrange for the utilization of state lands which are free of possessory rights by any person and are not public lands in common use.

Such arrangements may include its purchase, sell, exchange, rental or hire-purchase. Rules and procedures utilization shall be prescribed in Ministerial Regulations. But sells, exchanges or hire-purchase sells must receive authorization from the Minister.

In arranging for utilization under this section, consideration shall be given to the reservation of land for future generations.

In arranging for the utilization of state land according to the provisions of the preceding section, the minister may assign to another public body arrangements for utilization for the state or local development in accordance with the rules and procedures prescribed in Ministerial Regulations.

State land over which no one has possessory rights may be given by concession, granted or made available for use for a limited time by the Minister in accordance with the rules and procedures prescribed in Ministerial Regulations.

The provisions of this section shall not affect the law on mining and forestry.

To carry out the provisions of this Code, the Minister shall have the power to establish Changwat (Province) Land Office.

If any Changwat (Province) has need of more than one land office the Minister shall have the power to establish B ranch Land Offices under the jurisdiction of the Changwat (Province) Land Office.

The establishment of Changwat (Province) and Branch Land Offices shall be published in the Government Gazette.