Quick Links: Thailand Law Seminars and Conference | Thai Law Forum Past Issues | About Thailand Law Forum | Advertising Guidelines | Publishing Guidelines

Feature Articles :

History of Cannabis
  and Anti-Marijuana
  Laws in Thailand



Thailand’s Notable
  Criminal Extradition
  Cases


Guide for Tourists
  to Laws in Thailand



Neither Free nor Fair:
  Burma’s Sham Elections



Sex Laws in Thailand:
  Part 1



Renewable Energy
  in Thailand



Transsexuals and
  Thai Law



Foreign Mafia in
  Thailand

Submissions:

Based in Bangkok, Thailand, Chaninat & Leeds has expertise providing legal assistance in a range of areas, including property acquisition and corporate registration, as well as US immigration for Thais, including US K1 fiancée visas for Thais.




Thailand Lawyer Blog:
 Thai Government to
  Review Post-2006
  Prosecutions
 Courts Order Thai
  Military to Cease
  Labeling Transsexuals
  as Mentally Ill
 Work Permit Law
  Changes in Thailand
 Bahamian Supreme Court
  Ruling Backs
  Prenuptial Agreement
 The US FATCA:
  “The Neutron Bomb
  the Global Financial
  System”?
 The Effects of the US
  Government’s Policies
  on Americans Living
  Abroad
 Chinese Assimilation
  in Thailand vs. Malaysia
 Illegal Wildlife
  Trafficking in Asia:
  Thailand as a Hub?
 Rabbi Enforcing
  Jewish Divorce Order
  Arrested by FBI
 U.S. Prenuptial
  Agreements in Thailand:
  Why Thai Law is
  Important
 US Immigration in
  Decline?
 Abortion and Family
  Planning Law in
  the Philippines
 U.S. Courts and the
  Application of Foreign
  Law to International
  Prenuptial Agreements
 Thailand Blasted by 2011
  Human Trafficking Report
 US Expats on Alert:
  New US Tax Law
  Extends IRS’s Reach
  Internationally
 Hangover 2 and
  the Thai Censors
 Thailand’s Film
  Industry Steps Up
 

(6) Issue regulations governing the disbursement of the Fund in support of, or loans to, government agencies, local administrative bodies, state agencies, and state enterprises for the purpose of building or improving public utilities or public facilities that are required to support Land Readjustment;
(7) Issue regulations governing the appropriation of the Fund for disbursement as loans to Land Readjustment Project implementer, or in support of Land Readjustment Project;
(8) Issue regulations governing payments that must be made as compensation, damages, or other expenses to be incurred during the implementation of Land Readjustment, for which advancements must be made from the Fund;
(9) Establish the qualifications that property valuation experts must have, as well as the number of such experts that shall be retained, and criteria to be employed in valuating property for Land Readjustment implementation;
(10) Establish criteria for receiving disbursements, making expenditures, safekeeping, and seeking benefits that can be obtained from the utilization of the Fund;
(11) Issue regulations governing the utilization of public land, provide replacement of public land with other types of land, and the expropriation of land in the Land Readjustment area;
(12) Issue regulations relating to the registration of the Association, and examine its operation;
(13) Make final decision on problems of Land Readjustment pursuant to petitions or appeals by land owners or interested parties in Land Readjustment Project;
(14) Provide opinions or advice to the Cabinet regarding Land Readjustment;
(15) Conduct other activities involving Land Readjustment, in compliance with the provisions of this Act.

In the performance of its duties as provided for by this Section, the Committee may assign the Department of Public Works and Town & Country Planning to undertake the work or prepare and forward proposals to the Committee to review and take further action.

Section 7 Qualified Committee members as referred to in Section 5 (5) shall have a term of office of two years.
In the event that a qualified Committee member is appointed to fill a vacant position on the Committee, the person so appointed shall have a term of office equivalent to the remaining term of the previous incumbent of the position.

Committee members who have reached the end of their term of office may be re-appointed to the Committee, but for not more than two consecutive terms.

Section 8 Apart from the term of office ending as stipulated in Section 7, Paragraph One, a qualified Committee member as referred to in Section 5 (5) shall vacate office upon –
(1) Death;
(2) Resignation;
(3) The Cabinet requires the member to be dismissed for deficiencies, dishonesty in the performance of duties or inefficiency;
(4) Bankruptcy;
(5) Incompetency or quasi-incompetency;
(6) The member is subject to a term of imprisonment under a final court judgment upholding a term of imprisonment, except for cases of imprisonment as a result of negligence or a petty offense.

Section 9 At a meeting of Committee members, there shall be a number of Committee members sufficient to constitute a quorum which must not be less than one half of the total number of Committee members.

If the Chairman of the Committee is not at the meeting or is unable to chair the meeting, the Deputy Chairman shall chair the meeting in his or her stead. If the Deputy Chairman is not at the meeting or is unable to chair the meeting, those Committee members who attend the meeting shall choose one of their members to chair the meeting.

Final decision made by the Committee meeting shall be passed by a majority vote, with each Committee member entitled to one vote. In the event of a tie, the Chairman of the meeting shall be accorded one more vote, which shall be the casting vote.

Any Committee member who has a personal interest in any matter shall not be permitted to deliberate upon and vote on that particular matter.

Section 10 The Committee is empowered to appoint sub-Committees to review, study, research, or take any action that the Committee has assigned such sub-Committees to take; and in this regard, the provisions of Section 9 shall apply mutatis mutandis to meetings of sub-Committees.

Chapter 2
Provincial Land Readjustment Committee

Section 11 The Provincial Land Readjustment Committee shall be constituted and shall consist of –
(1) The Provincial Governor as Chairman;
(2) The Deputy Provincial Governor whom the Provincial Governor has assigned as Deputy Chairman;
(3) The head of provincial agriculture and agricultural co-operatives, the provincial land office, the head of the local government treasury, the head of provincial industry, the head of provincial natural resources and the environment, the provincial public prosecutor who is the head of the provincial public prosecutor’s office, a representative of the Highways Department, a representative of the National Housing Authority, and a representative of the provincial administrative organization, all of whom shall serve as Committee members, while the head of provincial office for public works and town & country planning shall serve as a Committee member and secretary to the Committee;
(4) Representatives from the Law Society of Thailand, the provincial chamber of commerce, and the provincial industrial council or the Industrial Council of Thailand in the event that a province does not have a provincial industrial council, shall serve as Committee members;
(5) Three qualified persons relating to Land Readjustment whom the Provincial Governor has appointed to serve as Committee members.

In appointing members pursuant to (5) above, Committee members in (1), (2), (3) and (4) shall jointly select qualified members in accordance with selection criteria and methods as stipulated by the Committee.

In the event that the Land Readjustment Project is implemented in any area where there is a provincial land reformation office, or a local government agency, the head of the provincial land reformation office or Local Competent Authority shall also serve as a Committee member.

In the event that the Land Readjustment Project in any province overlaps the territorial boundaries of any other province, the Local Competent Authority in the locality of overlap shall also serve as a Committee member.

Section 12 The Bangkok Metropolitan Administration Land Readjustment Committee shall consist of –
(1) The Governor of Bangkok Metropolitan Administration, who shall serve as Chairman;
(2) The Permanent Secretary of Bangkok Metropolitan Administration, who shall serve as Deputy Chairman;
(3) Representatives from the Office of the Chief Public Prosecutor, the Office of the National Economic and Social Development Board, the Land Department, the Treasury Department, the Department of Public Works and Town & Country Planning, the Office of Transport and Traffic Policy and Planning, the Office of Natural Resources and Environmental Policy and Planning, the National Housing Authority, the Metropolitan Waterworks Authority, and the Metropolitan Electricity Authority shall serve as Committee members; and the Director of the Bangkok Town & Country Planning Office shall serve as a Committee member and secretary to the Committee.
(4) Representatives from the Law Society of Thailand, from the Board of Trade of Thailand, and from the Federation of Thai Industries to act as Committee members;
(5) Three qualified persons in relation to Land Readjustment who have been appointed by the Bangkok Governor to act as Committee members;

Next Page
[1]  [2]  [3]  [4]  [5]  [6]  [7]  [8]  [9]  [10]


 

© Copyright Thailand Law Forum, All Rights Reserved
(except where the work is the individual works of the authors as noted)