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Section 2. This Act shall come into force as from the day following the date of its publication in the Government Gazette except for Section 3, Section 6, and Section 7 which shall come into force after ninety days following the date of its publication in the Government Gazette.

Section 7. Any person granted permission under Section 9 of the Land Code prior to the enforcement date of this Act shall pay the remuneration in accordance with Section 9 bis. of the Land Code amended by the Announcement of the Revolutionary Council, No. 334, dated 13th December B.E. 2515(1972) until the expiration of such permission.

Section 8. Any person possessing and making use of land prior to the enforcement date of this Land Code with the evidence of his/her claim for land possession, and failing to file the application for the issuance of the Title Deed or the Utilization Certificate shall file the application for the issuance thereof together with the aforesaid evidence with the competent officials within two years from the enforcement date of this Act.

Upon the entry of the application together with the evidence of claim therefor under paragraph one, the competent officials shall proceed the issuance of the Title Deed or the Utilization Certificate in accordance with the Land Code.

Upon the expiration of the designated time period under paragraph one, the competent officials may, if the aforesaid evidence is presented to the competent officials for purpose of the issuance of the Title Deed or the Utilization Certificate, issue the Title Deed or the Utilization Certificate only upon the Court of Justice’s final judgment or order confirming that the person presenting the evidence has lawfully possessed and utilized the land prior to the enforcement date of the Land Code.

During the court proceedings under paragraph three, the Court shall notify the Department of Lands and the Department of Lands shall examine and verify the evidence with the earliest aerial photo map or the aerial photograph officially prepared and shall make and submit, for the Court’s consideration, a statement of opinion advising whether such person has lawfully possessed or utilized the land prior the enforcement date of the Land Code. The submission of the said statement of opinion to the Court shall be within a hundred and eighty days after the receipt of the Court’s notice unless the time is extended otherwise by the Court.

For the purpose of this Section, any person possessing the land under paragraph one shall include the person who possesses and makes use of land in continuation thereof.

Section 9. The Director-General of the Department of Lands shall, within two years as from the enforcement date of this Act, examine and verify the evidence of claim for the land possession and the location of the land as per the actual evidence thereof with the register of land possession and the map or the aerial photo map or the aerial photograph to confirm whether the Title Deed or the Utilization Certificate has already been issued for the said land or not. If, after examination, the Title Deed or the Utilization Certificate is found issued to any land parcel, the evidence of claim for land possession shall be disposed of.

Section 10. The Minister of Interior shall have charge and control of the execution of this Act.

Remarks:- The reasons of the promulgation of this Act are as follows: It is considered expedient to amend the following provisions:- first, the provisions that provides for the determination and the levy of remuneration by the Provincial Administrative Organizations under Section 9 bis; second, the provisions prescribing the rules and procedures of the issuance of the Title Deed or the Utilization Certificate under the Land Code; and, third, the provisions in relation to the person with powers and duties to order the revocation or correction of the Title Deed or the Utilization Certificate, or the registration of rights and juristic acts related to the immovable property, or the record of the registered immovable properties that is made inaccurately or unlawfully. It is, in addition, expedient to add the provisions conferring powers in determining and levying the remuneration to the Municipalities, the Sub-District Administrative Organization, the Bangkok Metropolitan Administration, the City of Pattaya, or other Local Government Organizations that are governed by the law on land allocation under Section 9 in order to distribute income to the local government units. The rules and procedures of issuance of the Title Deed or the Utilization Certificate shall be revised and improved by developing a measure to encourage any person with evidence of his/her claim for land possession to apply for the issuance of the Title Deed or the Utilization Certificate. There shall be, furthermore, an amendment to vest power to order the revocation or correction under Section 61 in the Director-General of the Department of Lands or either Deputy Director-General or the Inspector of the Department of Lands authorized thereby so as to accelerate the issuance thereof and to conform to the principle of the government system reform which focuses on the devolution of responsibilities and powers in making decisions. It is therefore necessary to enact this Act.

Act Amending the Land Code (No. 12), B.E. 2551 (2008)114

Remarks:- The reasons of the promulgation of this Act are as follows: Whereas the rationale of the provisions on the trade in land under the Land Code is toward the exemption of restriction on the land tenure and prevention of the avoidance of land rights determination, and the provisions on the restriction on land tenancy has been repealed by the Announcement of the Revolutionary Council, No. 49, dated 13th January B.E. 2502(1959) while the provisions on the trade in land which correlate therewith has not been amended, and there is a law on land allocation governing the land trading activities, it is expedient to repeal the provisions on the trade in land. It is therefore necessary to enact this Act.

Sunchai/Revised by
20th February B.E. 2551 (2008)

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114. Published in the Government Gazette, Vol. 125, Part 33 Gor, Page 74, dated 13th February B.E. 2551 (2008).


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