SECTION 68.(octiens), After the Minister issued an order under Section 68.(bis), the competent officer shall notify in
writing the order of the Minister to the known concessionaire
or if the right of logging operation, in whole or in part, of
the concession shall be terminated under Section 68. (ter),
the competent officer shall notify in writing to the concessionaire to know the determination.
If the concessionaire has any desire to claim for the
compensation for damage he shall file his formal requests
with theDirector-General within ninety days of the date of
the receipt of the given notice from the competent officer,
or theorder issued by the Minister, or the given notice on
the determination of the concession of the first paragraph,
as the case may be.
Theformal requests for the compensation for damage in
accordance withthesecond paragraph shall be in writing and
including thelistofaccount ofthecompensation fordamage
to appropriate of ayield withinthestipulations prescribed
underSection68. (septies), and has an evidence to support
of the formal requests as necessary.
In case of the formal requests for the compensation for
damage, the concessionaire shall have the right under Section
68.(sexiens),(2),andheshall file the expropriation of the yieldoftheremaining,inwhole,ofthearea in the logging
concession priorto or ofthedate of the formal requests
for compensation for damage under this Section.
SECTION68. (noveni), In the consideration of the determination of the payment for the compensation for damage,
the Director-General shall appoint a committee consisting
ofarepresentativefromtheRevenueDepartment, a represen-
tative fromtheOfficeof the Auditor-General, an Expertof
PropertyDeterminationandaForest Officer, to considerthe
amount of thepayment tobe paid asthe compensation of
damage.
The committee is empowered to call the concessionaire
to clarify any matter or to deliver the supplementary
documentsand information with inquiry for discussion on the compensationofdamage.Incase theconcessionaire failsto
complywiththeorder or doesnot cooperate therewith, the
committee is empowered tomake the decision as such, the
amount of the payment to bepaid forthecompensation for
damage without delay, ifhedeems itappropriate.
After the committee under the first paragraph has finisheddeciding the compensation for damage, it shall make a report andsubmit
to the Director-General of the Royal Forest Department, suchreport shallincludethe particular
matters andreasons ofthedecision forthe payment of the
compensation for damage and the method of considerationand
shall indicate the evidence to support the consideration.
IftheDirector-General does not agree with the Committee,
he isempowered toalter, if he deems it advisible, and
produce a reason covering on such report therewith.
The Director-General shall notify in writing to the known
concessionaire to yield the amount of the payment for the
compensation for damage within a reasonable fact andmay impose a period of time to be conducted by the concessionaire.
SECTION68. (deni), Anyconcessionaire is not satisfied
for the compensation for damage as notified by the Director-
Generalfor yielding under Section 68.(noveni), he shallhave
therighttoappealto the Minister within sixtydaysof the
date of the receipt of the written notice from the Director-
General.
In the consideration of an appeal under the second paragraph,the Minister shall appoint a committee consisting ofa
legal expert and an appraisal expert not less than five
persons butnot more than nine persons to consider such
report and give opinions and submit the same to the Minister,regarding heshallmake the decision of the appeal within sixty days of
the date of the receipt of the appeal.
SECTION 68. (undeni), In cases where any concessionaire
is not satisfied with the decision of the Minister under
Section 68. (decies), or in case of the Minister is not made
the decision of the appealinnotifyingofaspecifiedperiod
oftime in accordancewith thesecondparagraph ofSection
68.(decies). Theconcessionaire shall file in Court within
one year of thedate of the receipt of the decision of the
Minister or withinthedate of the expiration of a specified
period of time, as the case may be.
In case of a charge in Court and the Court has passed a judgement to the concessionaire, by increasing the compensation for damage, he shall be giventhe demanded compensation
for damage only from those increasing, inpart, ofthe
damage, plus seven andone-half percent peryear, if the
Court rules in his favour.
CHAPTER VII
PENAL PROVISIONS
SECTION 69.36 Whosoever has in their possession any
reserved timber species which is not yet converted to lumber
and which bears no impression of the royalty hammer marks, or
the government sale hammer marks shall, unless otherwisebe
substantiated thatsuchtimberhas been in a lawful manner,
be penalizedwithafinenotexceedingfifty thousandbahtor
withimprisonment not exceeding five years, or both.
In offences under this Section, if the timber in their
possession, as follows:
(1) teak, yang or reserved timber species Category (B);
or
(2) other timber species in the form of trunks or logs or each of them or both exceeding twenty trunks or logs
exceeding four cubic meters in volume.
The offender shall be penalized with imprisonment of
one year to twenty years and a fine of five thousand to two
hundred thousand baht.
SECTION 70. Whoever receives by any manner or conceals
or disposes of or assists in taking away from view any timber
or forest products which he knows to have been acquired
through a commission under this Act, shall be liable to thepenalty as the principal in committing such offence.
SECTION 71.37 Whoever acts in contravention of the
provisions of Sections 35, 36, 44 paragraph two, or 57, shall
be penalized with a fine not exceeding five thousand baht.
SECTION 71. (bis), Whoever acts in contravention of the provisions of Sections 29, 29. (bis), 39, 39. (ter), 40
paragraph one, 43 paragraph two, or 53, shall be penalized
with a fine not exceeding ten thousand baht, or with imprisonment not exceeding one year, or both.
SECTION72.38Whoever acts in contravention of the provisions of Section 41, or 52, shall be penalized with a
fine not exceeding fifty thousand baht, or with imprisonment
not exceeding five years, or both.
SECTION 72. (bis), Whoever acts in contravention of the provisions of Section 51, shall be penalized with a fine not exceeding fifty
thousand baht or with imprisonment not
exceeding five years, or both.
In offences under this Section, if the timber in their
possession, as follows:
(1) teak, yang or reserved timber species Category (B);
or
(2) other timber species in the form of trunks or logs or each of them or both, exceeding five trunks or of a com-
bined volume exceeding onecubic meter or of lumber exceeding
one cubic meter in volume.
The offender shall be penalized with imprisonment of two
years to fifteen years and with a fine of ten thounsand to one
hundred thousand baht.
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