av stgrhe » 06 jan 2009 10:18
Detta är som vad jag känner till den landlag som kom till 1954 och som sedan delvis gjorts om varav den senaste ändringen är den "Land Code Amendment Act" från 1999 som finns listad i ett tidigare inlägg i den här tråden.
Göran
PS P.g.a. texten storlek är den uppdelad på två inlägg varav detta inlägg omfattar upp t.o.m. kapitel 7.
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ACT PROMULGATING THE LAND CODE B. E. 2497
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BHUMIBOL ADULYADEJ REX
Given on the 30th day of November B.E. 2497
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Being the 9th year of the Present Reign
His Majesty King Bhumibol Adulyadej has been graciously pleased to proclaim that:
Whereas it is expedient to promulgate the Land Code;
Be it, therefore, enacted by the King, by and with the advice and consent of the Assembly of People's Representatives, as follows:
Section 1 This Act shall be called the ‘Act Promulgating the Land Code B.E. 2497 (A.D. 1954)'.
Section 2 This Act shall come into force on and from the day following the date of its publication in the Government Gazette.
Section 3 The Land Code annexed to this Act shall take effect as from the 1st December B.E. 2497 (A.D. 1954).
Section 4 From the effective date of the Land Code, the following shall be repealed:
(1) The Temporary Pre-emption Certificate (Tra Chong) Act, the title of which was amended in R.S. 124 to read the Pre-emption Title Deed Issuance Act;
(2) The Land Title Deed Issuance Act R.S. 127;
(3) The Land Title Deed Issuance Act No. 2;
(4) The Land Title Deed Issuance Act No. 3;
(5) The Act Amending the Provisions of Section 25 of the Land Title Deed Issuance Act R.S. 127;
(6) The Reservation of Vacant Land as Public Domain Act B.E. 2478(A.D.1935) ;
(7) The Land Title Deed Issuance Act (No. 5) B.E. 2479 (A.D. 1936);
(8) The Act Controlling Land speculation by Partnerships and Limited Companies B.E. 2485 (A.D. 1942);
(9) The Land Title Deed Issuance Act (No. 7) B.E. 2486 (A.D. 1943);
(10) Act on Authorities in Charge of Recording of Rights and Juristic Acts Regarding Immovable Property under the Civil and Commercial Code B.E. 2486 (A.D. 1943);
(11) Act on Authorities in charge of Recording of Rights and Juristic Acts Regarding Immovable Property under the Civil and Commercial Code (No. 2) B.E. 2492 (A.D 1949);
(12) The Land Act in Regard to Aliens B.E. 2486 (A.D. 1943);
(13) The Land Act in Regard to Aliens (No. 2) B.E. 2493 (A.D. 1950); and
(14) All other laws, rules and regulations insofar as they are already provided in the Land Code or which are inconsistent with or contrary to the provisions thereof.
Section 5 Persons who have been in possession and have made use of land prior to the effective date of the Land Code without documents showing their rights in the land shall give notice of their possession to the District Officer of the locality within one hundred eighty days from the effective date of this Act according to the rules and procedure which the Minister shall prescribe through publication in the Government Gazette.
If a person possessing and making use of land who has a duty to give notice of his possession does not give notice within the time limit specified in the first paragraph, he shall be deemed to intend to abandon his right to possession of the land and the state shall have the power to dispose of it according to the land Code unless the Province Governor orders an extenuation in each particular case.
Notice of possession under this section in no respect gives rise to new rights in the person who gives notice.
Section 6 Persons lawfully possessing and making use of land prior to the effective date of the Land Title Deed Issuance Act (No. 6) B.E. 2479 (A.D. 1936) and transferees of the said shall have the right to apply for a title deed under the provisions of the Land Code. For persons who did not come into lawful possession of land between the effective dates of the Land Title Deed Issuance Act (No. 6) B.E. 2479 (A.D. 1936) and the Land Code under the laws in effect at the time, the issuance of land titles shall proceed under the rules and procedures prescribed by Ministerial Regulations and the Land Title Deed Issuance Act (No. 6) B.E. 2479 (A.D. 1936) shall remain in effect.
Section 7 Persons who have received authorisation to pre-empt land under the Land Title Deed Issuance Act (No. 6) B.E. 2479 (A.D. 1936) but have not yet received a certificate of use prior to the effective date of this Act shall be held to still have the right to apply for a certificate from the District Officer until the expiration of one hundred eighty days from the final day for pre-emption under the said Act.
In case the prescriptive period for pre-emption referred to in the first paragraph expires prior to the effective date of this Code, provided it appears that the land for which pre-emption authorization has been received is in such a state of use as to warrant application for a certificate of use as aforesaid, an application for such certificate may be filed with the District Officer within one hundred eighty days from the effective date of this Code. When the time limit has run out, that land shall be deemed free of pre-emption unless the District Officer orders an extenuation in each particular case.
Section 8 Determination of whether land has been put to use or not shall proceed under the rules prescribed in Ministerial Regulations.
Persons authorized to pre-empt land but who have not yet received a certificate of use from the District Officer may not transfer such land except by way of inheritance.
Section 9 Land certified as to use by the District Officer may be transferred.
Section 10 Land reserved for use under the Reservation of Vacant Land as Public Domain Act B.E. 2478 (A.D. 1935) or under other laws prior to the effective date of the Land Code shall remain reserved.
Section 11 In areas where pre-emption title deeds and pre-emption certificates stamped “IN USE” have been issued prior to the effective date of the Land Code, the provisions of laws with regard thereto shall remain in effect insofar as they deal with survey procedure and the issuance of the aforesaid documents until title deeds are issued under the Land Code.
Section 12 Any person under a contract to buy or sell land or under a land hire-purchase contract prior to the effective date of this Act who registers it with the authorities in charge under Section 71 of the Land Code within one hundred twenty days from the effective date of this Act, shall when the sell or purchase under such contract takes place be deemed to have to same rights in the land as before the effective date of the Land Code.
Section 13 Any person who has pledged land prior to the effective date of this Act shall on redeeming it while the Land Code is in effect be deemed to have the same rights in the land as before the effective date of the Land Code.
Section 14 The District Officer shall have the power to proceed to the finish with application for pre-emption made by any person prior to the effective date of this Act to whom authorization has not yet been granted in accordance with the terms of the Land Title Deed Issuance Act (No. 6) B.E. 2479 (A.D. 1936).
Section 15 The Minister of Interior shall have charge and control for the execution of this Act and the Land Code, and shall have the power to appoint land officers and competent officials and to issue Ministerial Regulations for the execution of this Act and the Land Code.
Such Ministerial Regulations shall come into force upon their publication in the Government Gazette.
Counter-signature:
Field Marshal P. PIBULSONGKRAM,
Prime Minister.
LAND CODE
CHAPTER 1
General Provisions
Section 1 In this Code:
“Land” the land surface everywhere and includes mountains, hills, streams, ponds, canals, swamps, marshes, waterways, lakes, islands and sea coast.
“Rights in land” ownership and also includes possessor rights.
“Pre-emption certificate” the document showing authorization of temporary occupation of land.
“Certificate of use” the document from the competent official certifying that land has already been put to use.
“Land particulars certificate” the paper showing the inquiry for the purpose of issuing a title deed and shall also include the plot identification slip.
“Title deed” the document showing ownership of the land and includes land title deed with map, pre-emption title deed and pre-emption certificate stamped “ALERADY PUT TO USE”.
“Survey” the survey and recording of boundaries or computation or area in order to determine the location of boundary lines or area of land.
“Trade in land” the acquisition and disposition of land for commercial profit by the sell, exchange or conditional sell (hire-purchase) of land.
“Commission” the National Land Allocation Commission.
“Competent authority” the competent officials acting under this Code and other officials appointed by the Minister to act under this Code.
“Director-General” the Director-General of the Land Department.
“Minister” the Minister in charge under the Act Promulgating the Land Code and under this Code.
Section 2 Land which is not vested in any person shall be deemed the property of the state.
Section 3 A person may have title to land in the following cases:
(1) where title was acquired according to law prior to the effective date of this Code or by title deed under the provisions of this Code;
(2) where title was acquired under the land for living law or other law.
Section 4 Subject to Section 6, any person who has acquired a right to possession of land prior to the effective date of this Code and his transferees prior to the effective date of this Code shall continue to have the right to possession and occupation.
Section 5 Any person wishing to give his rights in land to the state, shall submit his request to do so to the competent authority under Section 71.
Section 6 From the effective date of this Code on, if any person having rights in land makes no use of that land or leaves it vacant longer than the periods specified hereafter, his rights in such land shall terminate and it shall vest in the state:
(1) land under title deed or land used as a home site, or orchard land more than five consecutive years;
(2) land not under title deed and used otherwise, more than three consecutive years.
Section 7 The Director-General shall have the duty to inspect, allocate, and take a census of the land to learn its natural abundance, and suitability for use in the interests of the state and of the people.
Section 8 All the land which is either public domain or public property, in the absence of laws providing otherwise, shall be under the care to the Director-General who shall take measures to protect it appropriate to the case. Such authority may be delegated by the Minister to another public body.
If lands of the public domain used in common by the public are no longer so used or if the state provides substitute land for use in common by the public, such lands may be withdrawn from their states as public domain by Royal Decree which shall include a map showing the area to be affected.
All such aforementioned lands for sufficient reason may be recorded by the Minister as belonging to a public body. In such case, it may thereafter be transferred as private land by Act.
Section 9 Subject to the law on mining and forestry, persons without right to possession of such land or without permission from the competent authority are forbidden to;
(1) enter, occupy or possess such land including the building of structures or burning of forests thereupon;
(2) by any means to destroy or cause deterioration in the condition of the land, rock, gravel or sand within areas closed by proclamation in the Government Gazette; or
(3) do anything to imperil the resources of the land.
Section 10 The Director-General shall have the power to arrange for the utilization of state lands which are free of possessory rights by any person and are not public lands in common use. Such arrangements may include its purchase, sell, exchange, rental or hire-purchase.
Rules and procedures utilization shall be prescribed in Ministerial Regulations. But sells, exchanges or hire-purchase sells must receive authorization from the Minister.
In arranging for utilization under this section, consideration shall be given to the reservation of land for future generations.
Section 11 In arranging for the utilization of state land according to the provisions of the preceding section, the minister may assign to another public body arrangements for utilization for the state or local development in accordance with the rules and procedures prescribed in Ministerial Regulations.
Section 12 State land over which no one has possessory rights may be given by concession, granted or made available for use for a limited time by the Minister in accordance with the rules and procedures prescribed in Ministerial Regulations.
The provisions of this section shall not affect the law on mining and forestry.
Section 13 To carry out the provisions of this Code, the Minister shall have the power to establish Changwat (Province) Land Office.
If any Changwat (Province) has need of more than one land office the Minister shall have the power to establish B ranch Land Offices under the jurisdiction of the Changwat (Province) Land Office.
The establishment of Changwat (Province) and Branch Land Offices shall be published in the Government Gazette.
CHAPTER 2
Land Allocation for the People
Section 14 There shall be one commission called the “National Land Allocation Commission” composed of the Minister as chairman, the Director-General as member and secretary ex officio and not less than nine nor more than twenty qualified persons appointed by the Council of Ministers.
Section 15 Qualified members shall hold office for four years. In the initial period, at the end of two years, one half of the qualified members shall, by drawing lot, be retired from office.
The retired qualified members may be reappointed by the Council of Ministers.
Section 16 In addition to leaving office at the expiration of the initial period under the provisions of Section 15, qualified members leave office on
1. Death;
2. Resignation;
3. Being imprisoned by a final judgment of imprisonment, except for a petty offence, punishable as a petty offence or that committed by negligence;
4. Being dismissed by the Council of Ministers.
In the event of a vacancy occurring under this section, the Council of Ministers shall appoint a qualified member of till the vacancy for the remainder of the vacated term.
Section 17 At any meeting of the Commission, attendance of more than one half of the total membership shall be required to constitute a quorum.
Section 18 When the chairman is not present at a meeting, the members present shall elect one among themselves to be chairman.
Section 19 Decisions and resolutions shall be taken by majority vote.
Each member shall have one vote. In case of a tie, the chairman shall have an additional casting vote.
Section 20 The Commission shall have the following powers and duties:
(1) To lay plans for the allocation of land with the object of providing the people with land for habitation and occupation in accordance with their status by giving assistance through public utilities and otherwise;
(2) To lay plans for the preservation and development of land;
(3) To coordinate the work of public bodies with authority concerning land;
(4) To consider the reservation of land as desired by public bodies;
(5) To act otherwise as may be provided in this Code; and
(6) To make rules and regulations concerning authority under (1), (2), (3), (4) and (5).
Section 21 The Minister shall carry out the resolutions of the Commission and shall have the power to delegate matters relating to land allocation to any public body concerned, and if able, to have a public body concerned carry out the work delegated without delay. In the interest of this section, the officials of such public bodies shall have the same powers and duties as the competent authorities as provided in this Code.
The Minister may have the public body empowered under the preceding paragraph drawn funds from the budget of the Land Department for use in accordance with the budget list in place of the Land Department.
Section 22 The Minister and officials delegated by him shall have the following powers:
(1) to summon any person to give facts or opinion regarding land allocation and call for documentary evidence or other things concerned for the deliberations of the Commission;
(2) to enter upon any premises or land of any public body, government organization, or private person for the purpose of investigating any matter related to the allocation of land and shall have the power to question as to the facts, to subpoena documentary evidence or other relevant things from persons living on such premises or land for consideration as may be necessary. Such persons shall render reasonable convenience to commissioners and competent authorities.
Section 23 In exercising authority under this Code, the competent authorities and officials of public bodies who have the same powers and duties as competent authorities under the provisions of Section 21 shall have an identification card and show it to interested persons.
Section 24 Competent authorities and officials acting under the provisions of this Code shall be deemed competent officials under the provisions of The Criminal Code.
Section 25 In the interest of the land allocation plan under the provisions of Section 20 (1), the Commission may arrange for a cadastral survey.
When it is desirable to survey any locality, the Commission shall proclaim that locality as a survey area in the Government Gazette and post such notices at the Amphoe (District) Office and houses of the Kamnans (the village chief) within the survey area. Such notices shall have annexed and published a map delimiting the survey area. The said map shall be deemed part of the notice.
Section 26 Within the cadastral survey area under the provisions of Section 25 persons with rights in land or in possession of land within the area shall have the duty:
(1) To notify the competent authority on the locality where the land is located within the period specified and posted by the Changwat (Province) Governor under the forms and procedures specified in Ministerial Regulations. In this case, another person may be sent to give notification instead;
(2) To take or arrange for another person to take the competent authority and point out to him the boundaries of the land which he possesses or in which he possesses or in which he has right when informed by the competent authority a reasonable time in advance;
(3) To certify by signature the land survey made by the competent authority as far as it may be true. In case a substitute is sent to point out the boundaries, that person shall sign the survey instead.
Section 27 Except for lands already administered by the government or state organizations under other laws, the Director-General may allocate state land over which no person has possessary rights to the people for habitation and occupation in accordance with the rules, regulations, specifications and conditions specified by the Commission including the following:
(1) Amount of land to be divided for possession;
(2) Rules for investigation and selection of persons to take possession;
(3) What persons taking possession must do;
(4) Rules for compensation for capital invested in that land and for the imposition of fees of various kinds;
(5) Pre-requisites for the distribution of land.
Rules, regulations, specifications and conditions of the Commission shall be published in the Government Gazette.
Section 28 The Commission shall have the power to appoint a sub-commission to assist in the carrying out of any task and then report to the Commission.
The provisions of Section 17, 18 and 19 shall apply mutatis mutandis.
Section 29 In carrying out the provisions of Section 27, land in any locality received under the provisions of this Code shall be allocated for receipt, purchase, exchange, or hire-purchase first to persons domiciled in that locality. Later, remaining land may be allocated for receipt, purchase, exchange, or hire-purchase to person domicile in other localities.
Section 30 When any land is given into possession, the competent authority shall first issue a pre-emption certificate and when it appears to the competent authority that the person to whom the land has been allocated has put it to use and has fully complied with the rules, regulations, specifications and conditions and conditions prescribed by the Commission, the land official shall speedily issue a title deed.
Section 31 Within five years from the date the title deed to the land is received, under Section 30, the owner may not transfer that land to another except by way of inheritance.
Within the period stated in the preceding paragraph, such land is not subject to judicial attachment or execution.
The provisions of this section shall not apply in cases where land was acquired without public welfare or other assistance from the state.
Section 32 The Director-General shall have the power to order the eviction of any person who has entered into possession of land under the provisions of Section 30 who has not complied with the rules, regulations specifications or conditions of the Commission, and from the date of receiving such order, such person shall be instantly deprived of rights he might have acquired under all the rules and regulations.
If that person is dissatisfied with the order issued under the preceding paragraph, he shall have the right to appeal to the Minister within thirty days from receipt thereof. If the Minister gives no decision within sixty days from receipt of the appeal, he shall be deemed to have ordered the continuation of the right to possession of the land but in conformity with the original rules, regulations, specifications and conditions of the Commission.
The order of the Minister shall be final.
Section 33 In localities which the Commission has not yet proclaimed as survey areas under the provisions of this Chapter, or in case the land is divided into small plots, the people may apply to pre-empt the land in conformity with the rules, regulations, specifications and conditions pre-scribed by the Commission. On authorization by the competent authority, a certificate of pre-emption shall be issued.
CHAPTER 3
Delimitation of Rights in Land
Section 34 From the effective date of this Code, persons may have the right to land as follows:
(1) Land for agriculture not more than 50 rais (19.77 acre)
(2) Land for industry not more than 10 rais (3.95 acre)
(3) Land for commerce not more than 5 rais (1.98 acre)
(4) Land for dwelling not more than 5 rais (1.98 acre)
Except as otherwise provided in this Code.
Section 35 The Minister shall have the power to delimit zones for commerce or dwelling by proclamation in the Government Gazette. In such zones, persons shall acquire no rights in land acquired no rights in land for agriculture or industry.
Section 36 The limitation of rights in land under Section 34 shall prejudice neither rights in land acquired prior to the effective date of this Code nor rights in the following land:
(1) Land of public bodies, state organizations and cooperatives;
(2) Land used as sites for hospitals, schools, colleges, universities and monasteries.
Section 37 Subject to Section 39 and Section 43 through 48, any person who has rights in land for agriculture, industry, commerce or dwelling, as the case may be, of an area equal to or greater than the areas specified in Section 34 shall have no right to acquire additional land in no matter what locality except that where there has been a sale or transfer of the original land, new land may be acquired provided that the total amount of land held does not exceed the rights to land specified in Section 34. In this, it makes no difference whether acquisition is by purchase, sale, gift, prescription, or any other means apart from the cases set forth in Section 729 or 1308 of the Civil and Commercial Code and the case of inheritance.
* Section 34 to 49 have been repealed by Proclamation of the Revolutionary Part No. 49 dated January 13, 1959
Section 38 Any person who has land in excess of the rights pre-scribed in Section 34 must
(1) Notify the competent authority in the locality where the land is situated as to the category and amount of land in which he has rights within the time limit prescribed by the Minister in the Government Gazette.
Notification shall be given under the forms and procedures specified in Ministerial Regulations.
(2) Notify the competent authority under the forms and procedures specified in Ministerial Regulations when performing any juristic act which alters facts concerning rights in the land.
Section 39 Subject to Section 36 , any person who has acquired land under the provisions of Section 729 of the Civil and Commercial Code while this Code is in effect which when added to the amount of land original held exceeds the amount prescribed in Section 34 shall dispose of such excess land within seven years of its acquisition. If that person is unable to dispose of the excess land, the Director-General shall have the power to dispose of it to other persons.
Section 40 In case several persons hold rights in land jointly, the amount which they may hold under the provisions of this Code shall be calculated in proportion to their respective interests therein.
Section 41 A person having a husband, wife or child may acquire or hold rights in land for their benefit in an amount equal to that which such husband, wife or child might hold under this Code.
In this case, the wife, husband or parents shall report the information specified in Section 38 (1) to the competent authority within one hundred eighty days. In case rights in land are acquired after the effective date of this Code, the said information shall be reported to the competent authority within sixty days of acquisition. It shall then be deemed that the rights are held in the interest of the husband, wife or child, as the case may be. In the aforesaid case, the said husband, wife or child himself shall be deemed the holders of the rights in land under this Code.
If the husband, wife or child, mentioned in the first paragraph dies, the right of a person to hold in their interest terminates on the date of death and the provisions of Section 39 shall apply mutatis mutandis.
If the husband, wife or child, mentioned in the first paragraph acquires or holds other land in his own right, the person who holds rights in the interest of the husband, wife or child, as the case may be, loses such rights counting from the day the husband, wife or child acquires or holds rights in land in his or her own right but only to the amount of land which the said persons acquire or hold, and the provisions of Section 39 shall apply mutatis mutandis.
The provisions of this Section shall not affect inheritance.
Section 42 A child on reaching his majority may acquire or hold rights in the interest of his parents with their consent to the extent his parents might be entitled under the provisions of this Code. And the provisions of Section 41, paragraphs 2.3.4 and 5 shall not apply mutatis mutandis.
The provisions of this Section shall not apply in case the mother or father is an alien.
Section 43 The Commission may allow the reasonable acquisition of any land declared by its owner to be used for used for public benefit, public charity, or public utility.
Section 44 The Commission may allow the acquisition of any land not exceeding one person declared by its owner to be a family burial ground. Except in case of necessity, the Commission shall allow the extension of the land as may be necessary but not in excess of one person.
Section 45 Any person having acquired rights in land not exceeding by more than one half the amount he may have under the provisions of this Code, may apply to the Commission for authorization to retain rights such land cannot be used by others, or cannot be turned to account, or that its disposal would unreasonably curtail the occupation of the one who has rights therein.
Section 46 If agricultural land in any locality produces so little return that it is proper to give rights in the land exceeding 50 persons, persons may, by Royal Decree, be granted the right to more than 50 persons but not more than 100 persons.
Section 47 Any person wishing rights in land for agriculture in excess of that authorized in Section 34 or 46 of the Land Code, if, able to show that he has the ability and need to utilize that he himself will direct the utilization, shall file a petition with the competent authority together with supporting evidence. The competent authority shall submit the matter to the Commission for decision.
The Commission may order such authorisation of rights in land as they think fit and may impose conditions. In case the applicant for authorization does not observe the conditions, the Commission may order the disposal of all or a part of the land within one year. If the applicant for authorization does not dispose of the land within the time fixed, the Director-General shall have the power to dispose of it.
Section 48 Any persons wishing rights in land for industry in excess of that authorized in this Code, if able to show that industrial work or enlargement of that industrial work truly requires the use of more land than authorized, shall file a petition with the competent authority together with supporting evidence. The competent authority after investigation, shall submit the matter to the Commission for decision.
The Commission may order such authorization of rights in land as they think fit and may impose conditions. In case the applicant for authorization does not observe the conditions, the Commission may order the disposal of all or a part of the land within one year. If the applicant for authorization does not dispose of the land within the time fixed, the Director-General shall have the power to dispose of it.
Section 49 Subject to Section 39, 47 and 48, any person who has land in excess of that authorized by law in contravention of the provisions of this Code shall dispose of such excess within one year from the date the competent authority gives notices of contravention. If disposal is not made within the said period, the Director-General shall have the power to dispose of it.
Section 50 In disposing of land under the provisions of this Code, the Director-General shall have the power to dispose of it by sale or hire-purchase according to the rules and procedures specified in Ministerial Regulations and shall have the power to levy a fee of not more than five per cent of the sale price. If unable to dispose of the land within two years the Director-General with the approval of the Minister shall have the power to sell on installments within ten years.
The exercise of the power under the provisions of the first paragraph, the Director-General may divide up the land into plots for disposal as he thinks fit.
Section 51 In case where the Director-General uses his power to dispose of land under this Code, persons with rights in the land to be disposed of shall agree with the competent authority as to which plot or part of the land shall be disposed of. If they are unable to agree, the matter shall be submitted to the Commission for decision.
Section 52 In case the Director-General sees fit to exercise his power to dispose of land, the competent authority shall notify persons with right in land not less than thirty days in advance. After the expiration of the said period, the competent authority shall come to an agreement with persons having rights in the land as to its price. If they are unable to agree on the price of the land, the provisions governing valuation of immovable properties by arbitration under the law on expropriation of immovable properties shall apply mutatis mutandis.
The land price which may be agreed on or fixed by arbitration shall reflect the market price current on the day the competent authority notifies persons with rights in land that the Director-General will use the power of disposal.
Section 53 From the day the competent authority gives notice under Section 52 the Director-General shall have the right of possession to the land and persons having rights in land including tenants, occupants and others shall vacate the land within one year.
Any lease of that plot of land shall cease to have effect on the day the competent authority informs persons having rights in land that the Director-General will use the power of disposal.
Section 54 The Director-General, in disposing of any person's land the terms of this Code through hire purchase or on instalment sale, shall pay the purchase price to the person entitled thereto in part payments to be completed within the following periods:
(1) In disposals under Section 39, instalments shall be paid within five years.
(2) In disposals under other Section, instalments shall be paid within ten years.
In such payment by instalments, interest shall be paid by the purchase or hire-purchaser of the land to the persons, who formerly had rights in the land at the rate of three per year.
Section 55 In the event of a sale or hire-purchase of land under Section 50, if the purchaser or hire-purchaser does not abide by the conditions in the contract of sale or hire-purchaser does not abide by the conditions in the contract of sale or hire-purchase, as the case may be, the Director-General shall have the power to repossess the land. In such case, rights in the land shall vest in the Land Department in the day on which the purchaser or hire-purchaser learns or should learn of the repossession.
CHAPTER 4
Issuance of Documents Showing Rights in Land
Section 56 Forms, rules, and procedures for the issuance of pre-emption certificates, certificates of use, land particulars certificates or title deeds including substitutes therefore shall be prescribed in Ministerial Regulations.
Section 57 Title deed forms shall contain the following information: name, surname, residence of the owner, location of land, area, map of the plot of land showing boundaries on all four sides and shall have an index of registration. They shall be signed by the land official and Province Governor and affixed with their seals of office.
The aforesaid title deeds shall be made in duplicate one copy being given to the owner and the other being kept at the Province Land Office or its branch, as the case may be. Photo static copies of the copy kept at the Province Land Office or its branch may be made and shall be deemed the same as originals.
Section 58 When the Minister thinks fit to issue title deeds for land in a locality of any Provinces, he shall give notice in the Government Gazette of the boundaries of the area to be surveyed and mapped for issuance title deeds.
When the competent authority is to make a land survey under the proceeding paragraph, the Province Governor shall give notice of the survey for issuance of title deeds in the locality not less than thirty days in advance and persons with rights in the land shall escort the competent authority making the survey on his land on the day and at the time appointed.
Persons with rights in the land under the preceding paragraph may appoint a representative to escort the competent authority during the survey.
Section 59 In the event the owner of a particular piece of land asks for the issuance of a title deed, the competent authority shall proceed to issue a title deed when he thinks fit according to the rules.
Section 60 If in the issuance of title deeds under Section 58 and 59 there appear rival claimants, the competent authority or land official, as the case may be, shall have the authority to investigate and weigh the claims. If agreement can be reached, proceedings shall be carried out accordingly. If not, the competent authority or land officer shall submit the matter together with his opinion to the Province Governor for determination.
The parties to the matter shall be informed when the Province Governor makes any determination and the dissatisfied side may appeal to the Court within sixty days form being informed thereof.
In the event of an appeal to the Court, the matter shall be suspended until judgment or any other order, whereupon action shall be taken according to the case. In case of no appeal to the Court, action shall be taken according to the order of the Province Governor.
Section 61 When it appears that a title deed has been issued or rights and legal acts with regard to land have been recorded or documents of record have been communicated to any person mistakenly or unlawfully, the Director-General shall have the power to have the title deed or documents of record corrected or canceled.
Before correction or cancellation under the first paragraph, interested persons shall be notified directly not less than fifteen days in advance to provide opportunity for contestation. After consideration by the Director-General, action shall be taken as may be appropriate in the case.
Section 62 In all cases relating to ownership of land for which title deeds have been issued, the Court shall inform the land official of the locality where the land is situated of all final judgments or orders.
Section 63 If any title deed is damaged, defaced or last for any reason, the owner may apply for a substitute title deed.
When a substitute has been issued, the original title deed shall be canceled unless the Court orders otherwise.
The proceeding shall apply mutatis mutandis to pre-emption certificates, use certificates, or land particulars certificates.
Section 64 If the Land Office copy of the title deed questionnaire land exploration or land scrip is damaged, defaced or lost, the competent officials under Section 71 shall have the power to recall the owners' copy of the certificate of eight in the land for examination and to make a new one based on the original evidence.
CHAPTER 5
Land Survey
Section 65 Land surveys for the issuance of title deeds shall be in accordance with rules and procedures prescribed in Ministerial Regulations.
Section 66 In the interest of the land survey, the competent authority and employees shall have the power to enter upon the land of persons who have rights therein or of possessors during the day provided advance notice to persons with rights in the land is given. Person with rights in the land and possessors shall give reasonable facilities under the circumstances.
In case it is necessary to erect mapping stakes on anyone's land, the competent authority shall have the power so to do as may be necessary.
In surveying, when and to the extent necessary and reasonable, the competent authority shall have the power to dig the land, cut and trim branches, and do otherwise with obstructions to the surveying taking into consideration the causing of the least amount of damage to the owner.
Section 67 It is forbidden to all except the competent authority to destroy, alter, move or remover any boundary marker or mapping stake placed or built in by any place by the competent authority except by permission of the land official.
Section 68 In case any person has to do what is set out in Section 67, he shall file an application for permission with the land official.
In case permission is denied, the owner of the land may appeal to the Minister within fifteen days of being informed of the denial. The Minister shall decide within sixty days from receipt of the appeal. His decision shall be final.
If the Minister does not decide within the sixty days set out in the preceding paragraph permission shall be deemed granted.
Section 69 When it is advisable to verify land boundaries in any locality according to the map, the Province Governor shall inform persons with rights in the land not less than fifteen days in advance. Notice shall be posted on the land to give notice to interested persons and a supplementary notice of the day and time shall be given to persons with rights in the land. And persons with rights in the land shall escort the competent authority shall have the power to dig the land, cut and trim branches, and do otherwise with obstructions to the surveying taking into consideration the causing of the least amount of damage to the owner.
Section 67 If is forbidden to all except the competent authority to destroy, alter, move or remove any boundary marker or mapping stake placed or built in by any place by the competent authority except by permission of the land official.
Section 68 In case any person has to do what is set out in Section 67, he shall file an application for permission with the land official.
In case permission is denied, the owner of the land may appeal to the Minister within fifteen days of being informed of the denial. The Minister shall decide within sixty days from receipt of the appeal. His decision shall be final.
If the Minister does not decide within the sixty days set out in the preceding paragraph permission shall be deemed granted.
Section 69 When it is advisable to verify land boundaries in any locality according to the map, the Province Governor shall inform persons with rights in the land not less than fifteen days in advance. Notice shall be posted on the land to give notice to interested persons and a supplementary notice of the day and time shall be given to persons with rights in the land. And persons with rights in the land shall escort the competent authority around during the verification of boundaries survey.
Persons in the preceding paragraph with right in the land may appoint a representative to escort the competent authority around during the verification of boundaries survey on his land.
On completion of the verification of boundaries, the competent authority shall have the power to issue a new title deed in place of the original which is then void and shall be returned.
Section 70 In the interests of the survey, the competent authority shall have the power:
(1) To summon persons with rights in adjacent lands to take care of the boundary line and sign an acknowledgement of the boundaries of their own land;
(2) To summon persons concerned to give oral testimony or submit documents or any other evidence relating to the investigation.
CHAPTER 6
Recording of Rights and Legal Acts
Section 71 The following officials shall be the competent authorities to record rights and legal acts with regard to immovable property according to the Civil and Commercial Code:
(1) The land official or his representative for land within an area covered by a Province or Branch Province Land Office if such land is covered by title deed, or land particulars certificates or has other immovable property on it;
(2) The District Officer or his representative, the District Deputy heading a Sub-District or his representative for land or other immovable property located within such District or Sub-District in cases other than those specified in (1).
Section 72 Persons wishing to record rights or legal acts with regard to immovable property in accordance with the Civil and Commercial Code shall appear with the parties concerned with papers showing rights in land before the competent authority under Section 71, as the case may be.
Section 73 When it appears to the competent authority that the legal act to be recorded by the parties is void, he shall not be obliged to record it.
If the legal act to be recorded by the parties appears voidable the competent authority shall record it when the party who may be damaged thereby insists.
Section 74 In recording rights and legal acts by the competent authority under Section 71 , the competent authority shall have the power to interrogate the parties and summon persons concerned to give oral testimony or send relevant written evidence as may be necessary and then proceed as may be appropriate under the circumstances.
If there is reason to believe the recording of such rights and legal acts is in evasion of the law or there is reason to believe the purchaser is purchasing on behalf of an alien, instructions shall be asked of the Minister whose word shall be final.
Section 75 In recording rights and legal acts with regard to land under title deed, the land official shall note the terms of any agreement or contract concerned, as the case may be, and records the important provisions in the title deed or record in the Province or Province Branch Land Office and in the copy of the owner.
Section 76 In case of an application to record rights and legal acts with regard to land which the competent authority has investigated and surveyed but for which he has not yet issued a title deed, recording may be requested of the competent authority under the provisions of Section 71.
Recording under the preceding paragraph shall be noted in the land particulars certificate as far as possible in accordance with the procedure for recording rights and legal acts with regard to land under title deed.
Section 77 Unless otherwise provided in this Code, recording of rights and legal acts concerning land or immovable property shall be done in accordance with the rules and procedures prescribed in Ministerial Regulations.
Section 78 The recording of rights and legal acts with regard to land acquired under Section 1382 of the Civil and Commercial Code or in ways other than through legal acts with regard to land already under title deed shall be in accordance with the rules and procedures prescribed in Ministerial Regulations.
Section 79 When a person having rights in land under title deed wishes to divide it, the competent authority shall divide the land by survey and if it is necessary to record the rights and legal acts they shall be so recorded following which the land official shall issue a new title deed.
For land under a land particulars certificate, the aforesaid provisions shall apply mutatis mutandis.
Section 80 In case of redemption from mortgage or sale with right of redemption of land under title deed when the mortgagee or buyer has given written evidence of the redemption, the owner of the land or seller shall bring the title deed to the land official for recording the redemption.
When the land official has verified its correctness the redemption shall be recorded so as to appear in the title deed.
For land under a land particulars certificate, the aforesaid provisions shall apply mutatis mutandis.
Section 81 In the inheritance of land, the claimant of the inheritance shall file evidence or writings showing his right to the land with the competent authority who shall verify the evidence and post notices in public places in the Province and Province Branch Land Offices at the District Office and in the vicinity of the land for a period of sixty days. If there is no contestation and the evidence that the claimant has a right to the inheritance is believable, it shall be recorded in accordance with the application.
In the event of contestation, the competent authority shall have the authority to examine the parties and summon any one to give testimony or to produce relevant documents as may be necessary, the competent authority shall try conciliation and if it fails to produce agreement he shall decide as he thinks fit.
If any party is dissatisfied with the order of the competent authority, he may appeal to the Court within sixty days of learning of the order but in case of a de cujus who has been dead less than one year, the competent authority may fix the limit for appeals to the Court provided it does not exceed one year and sixty days from the death of the de cujus.
Section 82 In case a person files an application to be appointed administrator of an estate or trustee of a trust lawfully created prior to the effective date of the Civil and Commercial Code, Book VI, concerning land or other immovable property, the competent authority shall examine the witnesses and evidence and may then register the applicant as administrator or trustee.
Section 83 Any person with an interest in any land the recording or alteration of the recording of which might be enforced, may, if he wishes, apply to have that land attached by the competent authority.
When the investigating authority sees fit, he may order attachment for not more than sixty days from the date of application for attachment during which time such applicant shall institute court proceedings. When the Court has rendered on order or judgment, the competent authority may proceed as may be appropriate to the case.
CHAPTER 7
Limitations of Rights in Land for Religious Purposes
Section 84 Wats, temples, Roman Catholic Churches, Christian Foundations or Moslem may acquire land with the permission of the Minister and may acquire not more than fifty rais.
In appropriate cases the minister may allow the acquisition of more land then that prescribed in the preceding paragraph.
The provisions of this Section shall not affect the acquisition of land prior to the effective date of this Code or acquisition of land of the Mosles Musjid under the provisions of Moslem Law in a Changwat having an Islamic magistrate (Da Toe Yudtitham).
Section 85 A juristic person who acquires more land than that provided in Section 84 after the effective date of this Code shall dispose of the excess within five years. If the land is not disposed of within such time the Director-General shall have the power to dispose of it applying the provisions relating to forced sale of land in Chapter 3 mutatis mutandis.
Favoritcitat: "I am easily satisfied with the very best", Sir Winston Churchill
