Section 59 ter.⁴⁶ In issuing the Title Deed or the Utilization Certificate, if there appears that the land area derived from the newly conducted survey is inconsistent with that specified in the Claim Certificate under Section 5 of the Act Promulgating the Land Code, B.E. 2497 (1954), the competent officials may, upon consideration, issue the document of land rights for the exact land area that has been actually put to use in accordance with the rules prescribed by the Committee.

Section 59 quarter⁴⁷ During the issuance of the Title Deed under Section 58 bis., Section 58 ter., and Section 59, if there is, in the document of land rights, an entry of a list of encumbrance or changes of land rights holder, the said list shall be carried forward and recorded in the Title Deed as well.

Section 59 quinque.⁴⁸ Regarding the issuance of Title Deed under Section 58 bis. and Section 59, it shall be deemed that the former document of land rights is annulled and such annulled document of land rights shall be returned to the land officer except in case of loss.

Section 60.⁴⁹ In issuing the Title Deed or the Utilization Certificate, the competent officials or, as the case may be, the land officers may, in case of the occurrence of contention, shall have power to make inquiries and settlement and proceed according to the agreement between the parties in dispute and, if the parties fail to come into agreement, the provincial land officers or the provincial branch land officers shall have power to consider this matter and give out the instructions as it deems expedient.

The provincial land officers or the provincial branch land officers shall notify the parties in dispute of the aforesaid instructions and the party dissatisfied therewith may proceed with the filing of a statement of claims with the Court within sixty days as from the acknowledgement of the instructions.

In case of filing the lawsuit, there shall be a stay of proceeding of the instructions until the Court’s final judgment or order which shall be executed as such. If the lawsuit is not pursued within such time period, the matter shall be carried out in accordance with the instructions of the provincial land officer or the provincial branch land officer, as the case may be.

Section 61.⁵⁰ In a case where there appears an inaccuracy or illegality in connection with the issuance of the Title Deed or the Utilization Certificate, the registration of rights and juristic acts for the immovable property, or the record making of the list of registered immovable properties, the Director-General or either the Deputy Director-General or the Inspector of the Department of Land authorized thereby shall have power to order the annulment or amendment thereof.

Prior to taking actions under paragraph one, the Director-General or the person authorized thereby under paragraph one shall set up a Committee of Enquiry with authority to call for documents as follows: the Title Deed, the Utilization Certificate, the rights and juristic acts registration documents, documents related to the recorded list of registered immovable properties or other documents for consideration. The interested parties shall be notified for purpose of objection, if any. Upon the expiration of thirty days following the date of notification without any objection, it shall be regarded as no objection at all.

The Committee of Enquiry with duties to examine the inaccurate or unlawful issuance of the Title Deed or the Utilization Certificate shall, at the least, consist of public authorities and the representative of the local administrative body or the local administrator of the relevant locality as members.

The examination and enquiry under paragraph two shall be carried out until completion and the matter shall be submitted to the Director-General or the authorized person under paragraph one within sixty days from the day on which the examination and enquiry is ordered. If the examination and enquiry is not completed within such time period, the Committee of Enquiry shall give reasons and report to the Director-General or the authorized person under paragraph one for the extension of time. The time extension shall be granted by the Director-General or the authorized person under paragraph one as necessary but not exceeding sixty days.

The consideration of the matter reported by the Committee of Enquiry under paragraph four shall be completed by the Director-General or the authorized person under paragraph one within fifteen days. The decision after the aforesaid consideration shall be executed as such.
In carrying out the revocation or amendment under this Section, if the Title Deed or the Utilization Certificate is absent, such Title Deed or Utilization Certificate shall be deemed as lost and the land officers shall issue a substitution thereof for further actions.

Provided that the inaccuracy arises from erroneous handwriting or typing with explicit supporting evidence and the interested party gives a written consent, the land officers shall have power and duty to correct it.

In case of the Court’s final judgment or order of revocation or amendment, the land officers shall carry out acts in accordance with such judgment or order according to the procedures instructed by the Director-General.

The formation of the Committee of Enquiry, the examination and enquiry, the notification to the interested party who may make an objection, and the consideration of revocation or amendment shall be in accordance with the rules and procedures prescribed in the Ministerial Regulations.

Next Page [1] [2] [3] [4] [5] [6] [7] [8] [9] [10] [11] [12] [13]
[14] [15] [16] [17] [18] [19] [20] [21] [22] [23] [24] [25]

46. Section 59 ter. has been added by the Announcement of the Revolutionary Council, No. 96, dated 29th February B.E. 2515 (1972).