SECTION 61.(bis), The competent officer shall give a written notice of the order of the suspension or the cancellation ofthelicenseissuedto the person whose license is
suspended or withdrawn. In cases where the competent officer cannot deliver a
written order of the suspension orthecancellationdirectly
totheperson whoselicenseissuspended or withdrawn under
the first paragraph, the written order shall be posted at
the open andconspicuousplace at theoffice given in the
license, oratthedomicile oftheperson whose license is
suspended or withdrawn. After this procedure has been done,it shall be regarded that the person whose license is suspended or
withdrawn shall have received the order as of the date of posting.
SECTION 62. In the event of the competent officer has
issued anordernot to accept the application in accordance withthe provisions of this Act, or the order for suspension oflicense in
accordance with the provisions of Section 59, the applicant who is given the order isentitledtolodgean
appeal with the Minister within thirty days from the date of
the receipt of the order. The decision of the Minister shall
SECTION 63. Subject to the provisions of this Act, the government shall have the power to grant concession for thelogging of
anykind of timber species or for the collection
of any kind offorestproducts inany forest and may impose
the terms or conditions of such concession.
The government shall have the power to demand from the
concessionaire aroyalty atsuch rate, if it deems appro-
priate, butnotexceeding the maximum rate defined in this
Act, and the concessionaire may be required to pay to the
government such payment as determined by the latter.
SECTION64.34 As far as criminal offence is concerned.
In implementing under this Act, the competentofficershall
be regarded as the administrator or the police officer under
the Criminal Procedure Code.
SECTION 64.34 (bis), The competent officer is empowered to confiscate any implement, tool, beasts of burden, vehicle
or heavy equipment used in or acquired through the commission
of an offence, regardless of whether they belong tothe
offender, orif there arereasonable grounds to suspectsuch
use or acquisition in committing offences under Sections 11,
48, 54 or69. These are to be used as evidencein the criminalcaseoruntil the Public Prosecutor issues an order not
to prosecute, or the case reaches the final appeal, regardless ofwhethertheybelongto theoffender or were acquired
through a commission of an offence.
If the Public Prosecutor issues an order not to
prosecute or the Cort decides not to confiscate, and theperson whose properties were confiscated does not request
the return of the properties withina period of six months
after the date of the decision or the order not to prosecute or after the date of the final court decision, the properties designated
in the first paragraph which have been confiscated shall belong to the Royal Forest Department.
If the seized properties have incurred damage or the
cost tomaintainthem exceedthevalueoftheproperties, the Minister or a person authorized by the Minister shall sellthem
bypublicauction priorto the specified period under
the second paragraph, and the total amount of money shall be
used in place of the seized properties.
SECTION 64.(ter), In cases where the seized properties
under Section 64. (bis), do not belong to the offender or
to thepersonof whom thereis reasonable grounds to suspect of misdeed, thecompetentofficer, with the approval of the Minister, as
thecasemay be, shall return the properties or
the money to the owner priorto specified period under
Section 64.(bis), in the following cases:
(1) when the properties that were confiscated are not
necessary to be used as evidence for the trial;
(2) when the offender or person of whom there is reasonable grounds tosuspectof misdeed had obtained the properties from the
owner through the misdeed.
SECTION 65. For the purpose of averting an immediate
common danger to the timber or forest products in any forest,
the competent officer is empowered to order the licensee or
concessionaire in such forest or in any forest nearby as well
as his workmen or employees to render assistance by lending
service or articles as may be necessary for such purpose.
SECTION 66. The transfer of timber or forest products
made before payment of royalty or before receiving a written
permission from the competent officer shall not be raised as
an argument against the official.
SECTION 67. The Minister shall set up Forest Check Point
and fix the jurisdiction area of such Forest Check Point by
publishing a notice in the Government Gazette.
SECTION 68.35 The royalty due under this Act shall be
deemed as taxes due to the government and the government
shall also be entitled for their payment to the same general
preferential right as provided for in the Civil Procedure
CHAPTER VI (bis)
The Forest Act, B.E. 2484 (A.D. 1941), shallbesought
to amend bytheRoyalDecree, B.E. 2532, with the addition
of CHAPTERVI(bis). The order issued istoalter concessions
and to ban on log concessions.
SECTION 68. (bis), Where for reasons of necessity in
areas of a concession, if the government has the intent to
constructadam for irrigation orhydroelectricpower or to
protect against damage caused to the general public, or for
national security or to assure ecological balance, or for any
other public purpose, the Minister is empowered to make an
orderwith the approval of the Cabinet, the following orders:
(1)The concession shall terminate in those areas
where it overlaps in its whole; (2) The concessionaire shall temporarily suspend
concession insuchan area within an appropriate period of time;
(3) The deletion of such area from the area of the concession.
The order issued by the Minister under the provisionsof the first paragraph shall come into force from the day following the date
the order is issued.
SECTION68.(ter),Apartfrom the expiration according to the period of time of the concession, or notifications or
rules asstated in the concession, or in accordance with
other laws, the right to receive the concession, in its
whole orinpart, shallcome to an end when such area has
beennotified to be:
(1) a National Park in accordance with the National Park
(2) a Wildlife Sanctuary in accordance with the Wildlife
Preservation and Protection Act.
SECTION68. (quater), In cases where the concession is
terminated by the order issued under Section 68.(bis), or the
right to receive the concession has expired under Section 68.