Thailand Law Library

by Thailand Lawyer

Chapter 2: Land Allocation for the People

For the purpose of the land allocation and examination of fertility of soil, the Committee may make arrangement for land survey.

When it deems expedient to carry out land survey in any locality, the Committee shall publish in the Government Gazette an announcement designating such locality as the area under survey and such announcement shall be put up at the District Office and the house of Sub-District Headman in the Sub-District being under the land survey. A map showing the area under survey shall be annexed to the said announcement. This map shall be treated as a part of the announcement.

Within the cadastral survey area under the provisions of Section 25 persons with rights in land or in possession of land within the area shall have the duty:

1. To notify the competent authority on the locality where the land is located within the period specified and posted by the Changwat (Province) Governor under the forms and procedures specified in Ministerial Regulations. In this case, another person may be sent to give notification instead;
2. To take or arrange for another person to take the competent authority and point out to him the boundaries of the land which he possesses or in which he possesses or in which he has right when informed by the competent authority a reasonable time in advance;
3. To certify by signature the land survey made by the competent authority as far as it may be true. In case a substitute is sent to point out the boundaries, that person shall sign the survey instead.

Except for lands already administered by the government or state organizations under other laws, the Director-General may allocate state land over which no person has possessory rights to the people for habitation and occupation in accordance with the rules, regulations, specifications and conditions specified by the Commission including the following:

1. Amount of land to be divided for possession;
2. Rules for investigation and selection of persons to take possession;
3. What persons taking possession must do;
4. Rules for compensation for capital invested in that land and for the imposition of fees of various kinds;
5. Pre-requisites for the distribution of land.

Rules, regulations, specifications and conditions of the Commission shall be published in the Government Gazette.

In a case where the person taking possession and making use of the land or anyone taking possession and making use of the land in continuation thereof files a request, prior to the enforcement date of this Announcement of Revolutionary Council, to extend the time required for claiming the possession as prescribed by the Act Promulgating the Land Code, B.E. 2497 (1954) while no order from the provincial Governor has been given, the provincial Governor shall consider this matter and give an order without delay provided that the person taking possession and making use of land is not deprived of his/her rights to be exercised in accordance with Section 27 ter. under this Code.

Upon the notification of the provincial Governor specifying the locality and the commencement date of the survey under paragraph two of Section 58, any person who takes possession and makes use of the land prior to the enforcement date of this Code without document of land rights and fails to claim his/her possession as prescribed in Section 5 of the Act Promulgating the Land Code, B.E. 2497 (1954) or any person who waits for the order of extension from the provincial Governor under Section 27 bis. but his/her taking possession and making use of such land has continued up to the date of survey or inspection wishes to have the land rights, such person shall notify the land officer of his/her possession at the Land Office of the locality in which such land is situated within thirty days from the date of notification. In case of the person's failure to do so, although the person may arrange for other person to take the competent officials to conduct the survey on the date and time as notified by the competent officials, it is deemed that such person has the intention to acquire the land rights.

For the purpose of this Section, persons taking possession and making use of the land under paragraph one shall include anyone taking possession and making use of the land in continuation thereof as well.

The Commission shall have the power to appoint a sub-commission to assist in the carrying out of any task and then report to the Commission.

The provisions of Sections 17, 18 and 19 shall apply mutatis mutandis.

In carrying out the provisions of Section 27, land in any locality received under the provisions of this Code shall be allocated for receipt, purchase, exchange, or hire-purchase first to persons domiciled in that locality. Later, remaining land may be allocated for receipt, purchase, exchange, or hire-purchase to person domicile in other localities.

Upon the completion of allocation of land for persons to take possession, the competent officials shall issue the Pre-emption Certificates for evidence. When there appears that the persons who possess the allocated land put the land to use and fully comply with the regulations, requirements, rules, and conditions prescribed by the Committee, the competent officials shall issue Certificates of Title to such person without delay.

Regarding the land with the Title Deed or the Utilization Certificate that is subsequently issued after the Pre-emption Certificate, persons who acquire rights in such land are forbidden to transfer such land to other persons under the following circumstances:

1. if the Pre-emption Certificate is issued on or after 14th December B.E. 2515 (1972), the transfer of land is forbidden for a period of ten years from the receipt date of the Title Deed or the Utilization Certificate;
2. if the Pre-emption Certificate is issued prior to 14th December B.E. 2515 (1972) and only in a case where the assistance from the State in terms of utilities and others is given with the land allocation, the transfer of land is forbidden for a period of five years from the receipt date of the Title Deed or the Utilization Certificate.

The provisions of paragraph one shall not apply if the land is devolved by succession or if the land is transferred to public bodies, governmental organizations under the law on establishment of the governmental organizations, or State Enterprise established by the Act, or transferred to the co-operatives for performance of obligations with approval of the registrars of the co-operatives.

Within the forbidden period as prescribed in paragraph one, such land shall not be subject to the compulsory execution.

The Director-General shall have the power to order the eviction of any person who has entered into possession of land under the provisions of Section 30 who has not complied with the rules, regulations specifications or conditions of the Commission, and from the date of receiving such order, such person shall be instantly deprived of rights he might have acquired under all the rules and regulations.

If that person is dissatisfied with the order issued under the preceding paragraph, he shall have the right to appeal to the Minister within thirty days from receipt thereof. If the Minister gives no decision within sixty days from receipt of the appeal, he shall be deemed to have ordered the continuation of the right to possession of the land but in conformity with the original rules, regulations, specifications and conditions of the Commission. The order of the Minister shall be final.

In localities which the Commission has not yet proclaimed as survey areas under the provisions of this Chapter, or in case the land is divided into small plots, the people may apply to pre-empt the land in conformity with the rules, regulations, specifications and conditions prescribed by the Commission. On authorization by the competent authority, a certificate of pre-emption shall be issued.