Thailand Law Library

by Thailand Lawyer

Chapter 2: Land Allocation for the People

There shall be a committee called “The National Land Allocation Committee” consisting of the Minister of Natural Resources and Environment as Chairman, the Deputy Minister of Interior, the Permanent Secretary of Interior, the Permanent Secretary of Defence, the Director-General of the Department of Local Administration, the Director-General of the Department of Social Development and Welfare, the Director-General of the Cooperative Promotion Department, the Director-General of the Department of Highways, the Director- General of the Royal Irrigation Department, the Director-General of the Land Development Department, the Director-General of the Department of Mineral Resources, the Director- General of the Department of Agricultural Extension, the Director-General of the Royal Forest Department, the Director-General of the Treasury Department, the Director of the Bureau of the Budget, the Secretary-General of the Council of State of Thailand, the Secretary-General of the National Economic and Social Development Board, and the Secretary-General of the Accelerated Rural Development as members, the Director of the Office of Natural Resources and Environmental Policy and Planning as member and Secretary-General and not more than seven qualified persons appointed by the Council of Ministers as members.

The qualified members shall hold office for a term of four years. The qualified member who vacates office may be re-appointed by the Council of Ministers.

In addition to leaving office at the expiration of the initial period under the provisions of Section 15, qualified members leave office on

1. death
2. resignation
3. being imprisoned by a final judgment of imprisonment, except for a petty offence, punishable as a petty offence or that committed by negligence
4. being dismissed by the Council of Ministers.

In the event of a vacancy occurring under this section, the Council of Ministers shall appoint a qualified member of till the vacancy for the remainder of the vacated term.

At any meeting of the Commission, attendance of more than one half of the total membership shall be required to constitute a quorum.

When the chairman is not present at a meeting, the members present shall elect one among themselves to be chairman.

Decisions and resolutions shall be taken by majority vote. Each member shall have one vote. In case of a tie, the chairman shall have an additional casting vote.

The Commission shall have the following powers and duties:

1. To lay down policies to allocate land for people’s habitation and livelihood according to their capacities.
2. To develop a plan concerning the land tenure.
3. To reserve and develop land in order to subsequently allocate to people.
4. To reserve and restrict the public domain of State that is free from possessory right to be commonly used by people.
5. To approve projects relating to land allocation by public bodies.
6. To control the allocation of land in accordance with this Code and other laws.
7. To perform activities in connection with land as assigned by the Council of Ministers.
8. To assign public bodies to proceed with any task in regards to powers and duties under this Section in lieu of the Committee as it may think fit.
9. To perform other activities as prescribed in this Code or other laws.
10. To lay down regulations or requirements, to set rules or conditions in connection with the land allocation or other activities under this Code.

Regulations or requirements involving people shall be published in the Government Gazette.

The Minister shall carry out the resolutions of the Commission and shall have the power to delegate matters relating to land allocation to any public body concerned, and if able, to have a public body concerned carry out the work delegated without delay. In the interest of this section, the officials of such public bodies shall have the same powers and duties as the competent authorities as provided in this Code.

The Minister may have the public body empowered under the preceding paragraph drawn funds from the budget of the Land Department for use in accordance with the budget list in place of the Land Department.

The Minister and officials delegated by him shall have the following powers:

1. to summon any person to give facts or opinion regarding land allocation and call for documentary evidence or other things concerned for the deliberations of the Commission;
2. to enter upon any premises or land of any public body, government organization, or private person for the purpose of investigating any matter related to the allocation of land and shall have the power to question as to the facts, to subpoena documentary evidence or other relevant things from persons living on such premises or land for consideration as may be necessary. Such persons shall render reasonable convenience to commissioners and competent authorities.

In exercising authority under this Code, the competent authorities and officials of public bodies who have the same powers and duties as competent authorities under the provisions of Section 21 shall have an identification card and show it to interested persons.

Competent authorities and officials acting under the provisions of this Code shall be deemed competent officials under the provisions of The Criminal Code.