Thailand Law Library

by Thailand Lawyer

Chapter 1: Land Development Commission

There shall be the Central Land Development Commission consisting of the Permanent-Secretary for the Ministry of Interior as the Chairman, Prosecutor-General, Secretary-General of the Consumer Protection Commission, Secretary-General of the Office of the Environmental Policy and Planning, Director-General of the Department of Local Administration, Director-General of the Department of Town and Country Planning, Director-General of the Royal Irrigation Department, Directory-General of Department of Civil Engineering and six qualifies persons appointed by the Minister from persons having knowledge, capability and experience in the field of real estate development, town planning, community management or law, as members, and Director-General of the Lands Department as a member and secretary.

One-half of the qualifies members under paragraph one shall be appointed from representative of the private section engaging in the activities in connection with the real estate improvement.

The Central Land Development Commission has the powers and duties to exercise supervision of land development in general, including the powers and duties as follows:

1. to formulate land development policies;
2. to lay down Rules with regard to land development;
3. to give approval to stipulations with regard to the land development as proposed by the Commission under section 14(1);
4. to formulate a standard form of an agreement to sell the developed land for use by an applicant for a land development license in the operation of business under this Act;
5. to make the determination of issues in connection with the land development upon request or appeal by an applicant for a land development license or by a land developer;
6. to perform other activities as provided in this Act or other laws.

The Rules under (2) shall come into force upon their publication in the Government Gazette.

The qualified member shall hold office for a term of two years.

An outgoing member may be re-appointed but may not serve for more than two consecutive terms.

In addition to the vacation of office at the expiration of the term under section 9, the qualified member vacates office upon:

1. death;
2. resignation;
3. being removed by the Minister by reason of improper behavior, malfeasance, corruption, or lack of proficiency;
4. being bankrupt;
5. being an incompetent or quasi-incompetent person;
6. being sentenced to imprisonment by a final judgment except for an offence committed through negligence or a petty offence.

In the case where the qualified member vacates office before the expiration of the term, the Minister may appoint another person to replace the outgoing member and the replacing member shall hold office for the remaining term of the replaced member.

At a meeting of the Central Land Development Commission, the presence of at least one-half of the total number of the existing members is required to constitute a quorum.

At the meeting of the Central Land Development Commission, if the Chairman is not present or is unable to perform the duty, the members present shall elect one among themselves to preside over the meeting.

A decision of the meeting shall be by a majority of votes. In casting votes, each member shall have one vote. In the case of an equality of votes, the member presiding over the meeting shall have an additional vote as a casting vote.