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Chapter 2
Land Allocation for People

 

Section 14.13 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.

Section 15.14 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.

Section 16. Apart from vacating office on the expiration of the term under Section 15, the qualified members shall vacate office upon:

(1) death;

(2) resignation;

(3) being sentenced to imprisonment by a final judgment except for a petty offense or an offence punishable as petty offence or an offence committed through negligence;

(4) being removed by the Council of Ministers.

In case of vacating office under this Section, the Council of Ministers shall appoint a new qualified person to be a member. The newly appointed member shall hold office for the remaining term of the member being replaced.

Section 17. In the meeting of the Committee, the presence of not less than one half of the total number of members is required to constitute a quorum.

Section 18. If the Chairman is not present at the meeting, the members shall elect one among themselves to preside over the meeting.

Section 19. A decision of a meeting shall be by a majority of votes.

Each member shall have one vote. In case of an equality of votes, the person presiding over the meeting shall have an additional vote as a casting vote.

Section 20.15 The Committee shall have powers and duties as follows.

(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 domaine public 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 regard 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.

Section 21. The Minister shall carry out acts in the implementation of resolutions of the Committee and have power to assign the relevant public bodies to perform any activity in connection with the land allocation and, if considers advisable, to ensure that the relevant public bodies carry out the assigned activities without delay. For the purpose of this Section, the officers of the said public bodies shall have the same powers and duties as the competent officials as prescribed in this Code.

In executing duties assigned under the preceding paragraph, the said public bodies may, as approved by the Minister, requisition funds in lieu of the Department of Lands from the budget of the Department of Lands for use in accordance with lists in the said budget.

Section 22. The Minister and the competent officials assigned by the Minister shall have powers as follows

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13. Section 14 has been amended by the Announcement of the Revolutionary Council, No. 334, dated 13th December B.E. 2515 (1972).

14. Section 15 has been amended by the Announcement of the Revolutionary Council, No. 334, dated 13th December B.E. 2515 (1972).

15. Section 20 has been amended by the Act Amending the Land Code (No. 3), B.E. 2526 (1983).


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