Section 44 In consideration of items concerning the Land Readjustment Project, if the Provincial Committee finds that the said items are incorrect, it shall be empowered to order the Land Readjustment proposer to correct the items.
Section 45 In case of fire or any other catastrophe which causes great damage to buildings, if the local competent authority finds it necessary to implement the Land Readjustment Project, he shall propose his opinion together with a map showing the area of fire or any other catastrophe to the Provincial Committee within thirty days from the date the fire or catastrophe took place. If the area of fire or catastrophe is in more than one jurisdiction of a local competent authority, the local competent authorities concerned shall jointly consider and propose their opinions to the Provincial Committee.
It shall be deemed that the proposals of opinions together with a map showing the area of fire or catastrophe under the previous paragraph are the Land Readjustment Project proposal according to Section 41, and the Provincial Committee shall complete its consideration within sixty days from the date of receipt of the opinions and the provisions of Section 43 shall apply mutatis mutandis.
The implementation of the Land Readjustment under this Section is not subject to Section 35, Paragraph Two, and the local competent authority may assign a public sector or state enterprise under Section 35 (2) or government agencies under Section 35 (3) and (4) to be Implementer instead.
Section 46 In consideration of approval of the Land Readjustment Project, the Provincial Committee may demand the Land Readjustment proposer to provide collateral for security and protection over persons concerned or to amend the Land Readjustment Project, or it may determine any specifications or conditions.
The criteria for consideration on the collateral under the previous paragraph shall be in compliance with the provisions in the ministerial regulation.
Section 47 The Provincial Committee shall complete its consideration on the Land Readjustment Project within one hundred and eighty days from the date of receipt of the application for the Land Readjustment Project implementation with complete and correct documentation, provided that the applicant for Land Readjustment Project implementation requests financial subsidy or loan from the Fund and informs that one does not wish to implement the Project if without obtaining the Fund as requested, consideration thereof shall be completed within one hundred and eighty days from the date the executive board of the Fund passes its resolution.
In the event that the Provincial Committee gives an order for disapproval of the Land Readjustment Project, the Land Readjustment proposer is entitled to appeal to the Committee within thirty days from the date of acknowledgement of the order, the Committee shall complete its consideration within ninety days. The decision of the Committee shall be final.
Upon having approved the Land Readjustment Project, the Provincial Committee shall publicize it in the Government Gazette.
Section 48 In case of any Land Readjustment Project requesting financial subsidy or loan from the Fund, the Provincial Committee shall propose the said Project to the executive board of the Fund for consideration and approval of the request for financial subsidy or loan by showing its opinion in relation to the appropriateness of the Project to be in support of the consideration of the executive board.
Section 49 If the Land Readjustment Project implementer wishes to amend an item in the Project or a method of implementation in the Land Readjustment Project which has been approved, an application together with the Project lay-out plan or method to be amended shall be submitted to the Provincial Committee for consideration and approval.
In an amendment to the item in the Project which results in a change of the Project area, the provisions of Section 43 shall apply mutatis mutandis.
In consideration and approval of the amendment to the Land Readjustment Project, Section 46 shall apply mutatis mutandis.
Section 50 From the date of the announcement under Section 51 Paragraph One, the land, to be renounced by a land owner to the Land Readjustment Project implementer in the interest of the Land Readjustment Project implementation, shall be deemed a preferential debt as expenses for common interest.
The Land Readjustment Project implementer shall have the preferential right over the real estate, which has been arranged for the land owner under the Land Readjustment Project, as if it were preferential right in the value of purchase and sale of the real estate.
The statute of limitation of claim, which the Land Readjustment Project implementer is entitled to have against the land owner, shall cease from the date the implementer sends notice demanding debt repayment.
Land Readjustment Project Implementation
Section 51 When the Provincial Committee has approved the Land Readjustment Project, the Land Readjustment Project implementer shall post an announcement of the area of the Land Readjustment Project implementation, date, time, and meeting place of owners of the land in the Project implementation area conspicuously at the local administrative office in that district and at a clearly seen place in the implementation site of the Land Readjustment for at least fifteen days and the date of the announcement shall also be stated.
By virtue of Section 40 Paragraph One, when the Provincial Committee has approved the Land Readjustment Project and has made such an announcement as stated in the previous paragraph, the land owners in the implementation area of the Land Readjustment shall have duties to do any acts as provided for in the Land Readjustment Project, and in case of ownership transfer of the land, a transferee of ownership shall obtain both the rights and duties which bind upon a transferor with the Land Readjustment Project.
Section 52 On the date of a meeting of land owners, a Land Readjustment Project Advisory Board shall be appointed for that Land Readjustment Project. It shall consist of a representative(s) from the Provincial Committee, land owners who have been elected among land owners themselves, and a qualified person(s) appointed by the Provincial Committee.
As to the Land Readjustment Project Advisory Board members elected among the land owners, arrangement of representatives shall be made from variety of owners of the land or real estate by equal diversification among groups according to the regulations as specified by the Committee.
The Land Readjustment Project Advisory Board members who have been elected among the land owners under Paragraph One shall vacate office when –
(1) They are not the owners of the land in the Land Readjustment implementation area; or
(2) At least two-thirds of land owners sign up for them to vacate office.