SECTION 52. No licensee shall carry out the lumber work
between sunset and sunrise, unless written permission has
been obtained from the competent officer.
SECTION 53.29 In this regard, the licensee under this
Chapter has complied with this Act or not, the competent
officer is empowered to inspect the lumber work and operation
of the licensee. The licensee shall for this purpose render
proper facilities and reply to the question of the competent
officer.
SECTION 53. (bis), The Minister shall have the power to
determine any locality to be the controlled area for
utensils, implements or other articles made of reserved
timber species, by publishing a notice in the Government
Gazette.
For theprovisions of the first paragraph,theMinister
shall determine the kind, size or quantity of utensils, implements, or other articles made of reserved timber
species, inwhich the trader or possessor for trade, shall
apply for a license under Section 53. (ter), or Section53.
(quater).
SECTION 53.(ter), No person, in the controlled area,
shall trade or possess the utensils, implements, or other
articles madeof reservedtimberspecies which have been determined, of a kind, size or quantity exceeding the
notificationsasspecified by the Minister under Section 53. (bis),unlesspermissionhasbeenobtainedfromthecompetent
officer.
SECTION 53.(quater), In cases where the notifications,
determined by the Minister, of any locality to be a
controlled area under Section 53.(ter). If there is a trader
or possessor for trade in utensils, implements, or other
articles made of reserved timber species of a kind, size or
quantity exceedingthekind, size or quantity specified for for a controlled area prior to the date of the notifications
as specified by the Minister, the said person shall file an
application to the competent officer within a period of
thirty days from the date of the notifications come into
force.
After hefiled an application for a license under the firstparagraph, such person may proceed further to trade or possessfortrade in
utensils, implements, or other articles
made of reserved timber species until the competent officer
issues an order not to accept the license.
CHAPTER V
FOREST CLEARANCE
SECTION 54.30 No person shall clear, burn, or by any other means whatsoever destroy any forest or occupy or take
possession forcefully of any forest land regardless of
whether it is in one's own account or for any other person,
except the classified landotherwiseprovidedfor agriculture as stipulated by the Minister as published a notice in theGovernment
Gazette, or unless written permission has been
obtained from the competent officer.
Theapplication andobtainingof permission shall be in accordancewith the rules and conditions as specified in the ministerial
regulations.
SECTION 55. Any person found occupying forest land which
has been cleared in violation of the provisions of the afore-
said Sections, it shall be presumed to committed have the
clearing of that forest land.
CHAPTER VI
MISCELLANEOUS
SECTION 56. A license issued under this Act may be
transferred only after written permission has been obtained
from the competent officer.
When the licensee dies, his heir or the administrator
of the estate may carry on the operation under the license
for a period not exceeding ninety days from the death of
the licensee. If his heir or the administrator of the estate
wishes to carry on such operation, he shall apply for a
license prior to the expiration of the said period.
SECTION 57. A licensee under this Act shall provide the workmen or employees who work under his license with a card showing
their status as such in accordance with the forms
specified in the ministerial regulations.
SECTION 58.31The application and obtaining of permission
under this Act, shall be in accordance with the forms, terms
andconditionsspecified intheministerial regulationsand
in anyspecialcasetheMinisteris empowered, as he thinks
fit, to impose additional terms to be conducted by the
licensee.
The competent officer is empowered to particular give
and order the renewal of the license issued under this Act,
as he thinks advisable.
SECTION 58.(bis), In cases where the logging of reserved
timberspecies or collection of reserved forest products has
been allowed byconcession,or granted a monopoly, or permission issued for loggingoftimber for trade in the National
Reserved Forests or an area notified to be the National
ReservedForests, or an area already notified fora project
of logging or collection of forest products therein,or
29
obtaining of permission in accordance with Sections 13, 18,
or 54, the Minister is empowered to specify the concessionaire or licensee: (1)to carry out forest improvement or reforestation in accordance with the order and procedures specified by
the competent officer; or
(2)to pay the expenses of forest improvement or
reforestation charges to the competent officer or to reforest therein as its substitute. In case of (2), paying of the expenses shall
not
exceedsix times the royalty or according to the ratio of the areaoftheconcession or license issued not exceeding one thousand
two hundred baht per rai, if the Minister deems it
appropriate.
SECTION 59.32 The competent officer shall have the
power to suspend the license issued under this Act for the
following:
(1) when it appears that the licensee violates on thisAct orfails tocomply with the ministerial regulations,
notifications or conditions asstated inthepermission or
fails to comply with the order issued of the competent
officer under this Act, such license shall be suspended
within a period not exceeding one hundred and twenty days;
(2) when the licensee has been prosecuted in Court for his illegal actions in accordance with this Act. The
licenseissued shall be suspended until the final judgement thereof is made.
SECTION 60. When an order for the suspension of license
has been made by the competent officer, the licensee shall
from the date of the receipt of the order of the competent
officer be deprived of the right under such license until the
period of the suspension of license shall expire or until the
Minister shall make an order cancelling the order for the
suspension of license.
SECTION61.33 Intheevent ofwheretheyare reasonable grounds to order the suspension of license, the Minister or
the competent officer in accordance with the provisions of Section 59, the Minister may, if he thinks fit, make an order for the
cancellation of such license thereof.
In cases where a licensee has been granted permission to operate alumber mill byusingthe mechanical operation or a juristic
person hasbeengiven such a license, and found not tohave thecharacteristics under Section 49. (1) or as a juristicpersonunder
Section 49.(2), (3) or (4), as the case may be, the Ministershallhave arighttoordersuspension of such license.
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