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This translation has been prepared by Chaninat & Leeds, an American law firm in Bangkok. Their services range from corporate registration to family law, including US K3 visas in Thailand.




 

Section 25 The Provincial Committee or Association Inspector shall have the power to issue a written order to the Board of Directors of the Association, staff of the Association, or its members in order for them to give an explanation on the fact concerning the operation of the Association or to send documents relating to its operation or minutes of meetings of the Association.

Section 26 In compliance with this Act, the Provincial Committee or Association Inspector shall have the power to enter the office of the Association for examination during its working hours, and the persons concerned shall give facilitative assistance or aid, or an explanation to the person performing such an act as is deemed necessary.

Section 27 In the event that the Board of Directors of the Association, its manager, or staff causes damage to the Association and if it fails to lodge a complaint or take legal action, the Provincial Committee may order the Association Inspector to file a complaint or take legal action instead by having a public prosecutor represent in Court.

The so-doing under the previous paragraph may incur expenses, an advance of money shall be made from the Fund.
The Association shall pay the Fund or public prosecutor for expenses relating to the complaint, legal action or representation, as the case may be.

Section 28 If the general meeting of the Association passes its resolution which violates the law or by-laws of the Association, the Provincial Committee shall have the power to revoke that resolution.

Section 29 In the event that the Board of Directors of the Association acts improperly in carrying out its duties and, thereby, causing detriment to the benefits of the Association or members, or the Association is defective in finance or accounting according to the report under Section 23, or in the operation or finance according to the report on examination under Section 24, the Provincial Committee shall inform the Board of Directors of the Association in writing to remedy the defect according to the methods as determined by the Provincial Committee as well as to notify the members of the Association thereof.

The Board of Directors shall remedy the defect completely within thirty days from the date of acknowledgement of the notification. If the remedy fails to be completed within the specified time without reasonable causes, the Provincial Committee may issue an order as follows:

(1) To dismiss the entire Board of Directors from its office or to dismiss the director involving in that particular matter from directorship;
(2) To ceases part of the act which causes the defect or impairs the benefits of the Association or members;
(3) To temporarily stop the operation in order to carry out the remedy of that defect according to the methods and within the time specified by the Provincial Committee.

Section 30 In the event that the Provincial Committee orders the entire Board of Directors of the Association to vacate office or some directors to remove from directorship according to Section 29, Paragraph Two (1), the Provincial Committee shall appoint a Board of Directors or new directors to be temporary replacement, as the case may be. In this regard, the so-doing shall comply with the regulations and procedures as provided for in the ministerial regulation.

Section 31 The Association may dissolve as a result of one of the following grounds.
(1) The by-laws of the Association requires that it must be dissolved;
(2) The general meeting of the Association passes its resolution for dissolution with at least three-fourths of votes of all members;
(3) The Association is bankrupt;
(4) The Provincial Committee issues an order for dissolution according to Section 32.

The dissolution under (2) shall be agreed by creditors and approved by the Provincial Committee according to the regulations and procedures as provided for in the ministerial regulation.

Section 32 The Provincial Committee shall have the power to issue an order for dissolution when it appears that –
(1) The Association fails to commence its operation within one year from the date of its establishment or ceases its operation consecutively for one year or more; or
(2) The operation of the Association is against the law or public good morals or may be harmful to public peace or state security.

Section 33 As to the liquidation of the Association, the provisions of the Civil and Commercial Code governing liquidation of partnerships and companies shall apply mutatis mutandis.

The property of the Association which remains from payment of debts shall be divided equally and returned to members according to the regulations and procedures as provided for in the by-laws of the Association. If there is a remainder of property, it shall become property of the Fund.

Section 34 The Provincial Committee shall publicize the dissolution of the Association in the Government Gazette.

Chapter 4
General Provisions on Land Readjustment

Section 35 The following are persons who can implement Land Readjustment:
(1) The Association;
(2) The Department of Public Works and Town & Country Planning, National Housing Authority, and local administrative organizations;
(3) Government agencies or any other juristic person established by the Government for Land Readjustment;
(4) Any other government agency as provided for in the ministerial regulation.

The agencies under (2) shall implement Land Readjustment according to the Master Plan and target areas for the Provincial Land Readjustment.

Section 36 As to the Land Readjustment Project made for approval according to Section 41, the Project initiator shall hold a meeting of land owners for discussions and opinions in order for the Project to be improved continuously including collecting and showing letters of consent of land owners conspicuously according to the form provided for by the Committee.

As to the proposal of the Land Readjustment Project for approval according to Section 41, letters of consent of at least two-thirds of all land owners in the Project shall be presented in support of an application therefor and the land owners shall possess land in the aggregate of at least two-thirds of the land in that vicinity.

In case of a condominium, computation shall be made only to the land on which the condominium is situated including the land for common use or common interest for the whole condominium owners. As well, in counting of votes between such a condominium and other land owners within the Land Readjustment Project, it shall be deemed that such a condominium is one land owner by having the manager of the condominium juristic person be the voter in accordance with the resolution of the joint owners in the event that such a condominium has been registered as condominium juristic person.

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