MINISTERIAL REGULATIONS

Transcription

1 Unofficial Translation MINISTERIAL REGULATIONS No. 43 (B.E (1994)) ISSUED UNDER THE ACT PROMULGATING THE LAND CODE B.E (1954) 1 By virtue of Section 6, Section 8 and Section 15 of the Act Promulgating the Land Code B.E (1954) and Section 56 of the Land Code, the Minister of Interior hereby issues Ministerial Regulations as follows: Clause 1. The following shall be repealed: (1) Ministerial Regulations (B.E (1954)), issued under the Act (2) Ministerial Regulations No. 2 (B.E (1954)), issued under the Act (3) Ministerial Regulations No. 5 (B.E (1954)), issued under the Act (4) Ministerial Regulations No. 16 (B.E (1971)), issued under the Act (5) Ministerial Regulations No. 18 (B.E (1972)), issued under the Act (6) Ministerial Regulations No. 22 (B.E (1972)), issued under the Act (7) Ministerial Regulations No. 23 (B.E (1972)), issued under the Act 1 Translated by Chandler and Thong-ek Law Office Limited under contract for the Office of the Council of State of Thailand's Law for ASEAN project.- Initial version- pending review and approval.

2 2 (8) Ministerial Regulations No. 28 (B.E (1973)), issued under the Act (9) Ministerial Regulations No. 30 (B.E (1975)), issued under the Act promulgating the Land Code B.E (1954); (10) Ministerial Regulations No. 34 (B.E (1986)), issued under the Act (11) Ministerial Regulations No. 39 (B.E (1990)), issued under the Act Promulgating the Land Code B.E (1954). CHAPTER I PRE-EMPTION CERTIFICATE Clause 2. There are 2 pre-emption certificate forms, i.e. Forms Nor.Sor. 2 and Nor.Sor. 2 Kor. attached hereto. For issuance of pre-emption certificates in a locality where the Minister has not announced cancellation of the powers and duties in performing under the Land Code of the khet chief, district officer or deputy district officer who is sub-district chief under Section 19 of the Land Code Amendment Act (No. 4) B.E (1985), Form Nor.Sor. 2 shall be used. In other localities, Form Nor.Sor. 2 Kor. shall be used. Clause 3. A substitute pre-emption certificate shall be on Forms Nor.Sor. 2 or Nor.Sor. 2 Kor., as the case may be. Issuance of a substitute pre-emption certificate shall be proceeded by the competent officer in accordance with the procedure for issuance of a substitute title deed mutatis mutandis. CHAPTER II CERTIFICATE OF UTILIZATION

3 3 Clause 4. There are 3 certificate of utilization forms, i.e. Forms Nor. Sor. 3, Nor. Sor. 3 Kor. and Nor.Sor. 3 Khor. attached hereto. For issuance of certificates of utilization in a locality with an aerial photograph sheet, Form Nor.Sor. 3 Kor. shall be used. In a locality without an aerial photograph sheet and where the Minister has announced cancellation of the powers and duties in performing under the Land Code of the khet chief, district officer or deputy district officer who is subdistrict chief under Section 19 of the Land Code Amendment Act (No. 4) B.E (B.E. 1985), Form Nor. Sor. 3 Khor. shall be used. In other localities, Form Nor. Sor. 3 shall be used. Clause 5. Land for which a certificate of utilization is to be issued must be land that the person having right to land has possessed and utilized, and be land for which a title deed can be issued as provided in Clause 14. Clause 6. In escorting the competent officer to survey and investigate utilization under Section 58 of the Land Code, as amended by the Land Code Amendment Act (No. 4) B.E (1985), the person having right to land or his representative shall plant marks at the angles of the boundaries of his land and make a statement to the competent officer or person authorized by the competent officer pursuant to Form Nor.Sor. 1 Kor. attached hereto. Prior to issuance of a certificate of utilization, the competent officer shall announce such issuance for 30 days and such announcement shall be posted at a conspicuous place at the local land office, khet office or district office or sub-district office, kwang office or kamnan s office and on that land, one copy for each place. In a municipality area, another copy shall be posted at the municipality office. Clause 7. Application for issuance of a certificate of utilization under Section 59 and Section 59 bis of the Land Code, as amended by the Announcement of the

4 4 National Executive Council No. 96, dated February 29 B.E (1972), shall be proceeded as follows: (1) The applicant shall file with the competent officer an application on Form Nor.Sor. 1 Khor. attached hereto; (2) In filing an application under (1), if the applicant has a pre-emption certificate, evidence of notification of land possession, evidence of being a person having right under the law on land allocation for living or other documents or evidence of legal land entitlement, such evidence shall be attached in support of consideration. Clause 8. Upon receipt of the application, the competent officer shall go to investigate utilization at the land pursuant to Form Nor.Sor. 1 Khor. attached hereto. In this connection, an official may be assigned to act on his behalf. Clause 9. In escorting the competent officer to investigate utilization, the person having right to land or his representative shall plant marks at the angles of the boundaries of his land and make a statement to the competent officer or person authorized by the competent officer pursuant to Form Nor. Sor. 1 Khor. attached hereto. Calculation of the amount of area for issuance of a certificate of utilization on Form Nor.Sor. 3 Kor. shall be made by mathematical means or by scale. In this connection, the amount of area so calculated shall be deemed an estimated amount. Clause 10. After investigation of utilization, if possession and utilization appear to have taken place reasonably to the condition of local land and nature of the activity of utilization, the competent officer shall proceed as follows: (1) To announce issuance of the certificate of utilization for a period of 30 days. The announcement shall be posted at a conspicuous place at the local land office, khet office or district office or sub-district office, kwaeng office or kamnan s office and on that land, one copy for each place. In a municipality area, another copy shall be posted at the municipality office.

5 5 (2) If it appears that such land is not located in the national reserved forest, national park, wildlife conservation area, hunting prohibition area or area designated as a permanent forest under the resolution of the Council of Ministers and such land is not prohibited from issuing a certificate of utilization under Clause 5 and no person has raised objection within the period announced under (1), the competent officer shall issue a certificate of utilization. (3) If such land appears to be located in a tambol with national reserved forest, national park, wildlife conservation area, hunting prohibition area or area designated as a permanent forest area under the resolution of the Council of Ministers and the Royal Forest Department or the Land Development Department has not marked the national reserved forest area, national park area, wildlife conservation area, hunting prohibition area or area designated as a permanent forest area under the resolution of the Council of Ministers in the aerial photograph sheet for the purpose of issuing certificates of utilization, or where marking has been made, but the land for which issuance of certificates of utilization is applied is adjacent to, overlaps, or is located within, the national reserved forest area, national park area, wildlife conservation area, hunting prohibition area or area designated as a permanent forest area under the resolution of the Council of Ministers, the Provincial Governor shall appoint a committee to inspect and verify the land, comprising the District Forest Office Chief or a person authorized by the Provincial Forest Office Chief for a locality without District Forest Office Chief, district land administrative official, assistant district officer (administrative official) and other committee members as deemed appropriate. After completion of inspection and verification by the said committee, the committee shall propose its opinion to the Provincial Governor whether or not and to what extent certificates of utilization should be issued. For land which has been designated as a permanent forest area under the resolution of the Council of Ministers but marking has not been made or has been made but such land overlaps the area designated as a permanent forest area, a representative of the Land Development Department shall also be appointed as a committee member.

6 6 Clause 11. After the Provincial Governor has considered the results of inspection and verification of land by the committee under Clause 10 (3) and if such land appears not to be located in the national reserved forest area, national park area, wildlife conservation area, hunting prohibition area or area designated as a permanent forest area under the resolution of the Council of Ministers, or if such land appears to be located in the national reserved forest area, national park area, wildlife conservation area, hunting prohibition area or area designated as a permanent forest area under the resolution of the Council of Ministers, but the applicant has possessed and utilized the said land lawfully before the date of designation by the authorities of such land as the national reserved forest, national park, wildlife conservation area, hunting prohibition area or area designated as a permanent forest area under the resolution of the Council of Ministers and no person has raised objection within the period announced under Clause 10 (1), the Provincial Governor shall order the competent officer to consider proceeding in accordance with Clause 10 (2). Clause 12. A substitute certificate of utilization shall be on Forms Nor.Sor. 3, Nor. Sor. 3 Kor. or Nor.Sor. 3 Khor., as the case may be. In issuing a substitute certificate of utilization, the competent officer shall proceed in accordance with the procedure for issuance of a substitute title deed mutatis mutandis. CHAPTER III TITLE DEED Clause 13. A title deed shall be on Form Nor. Sor. 4 Jor. attached hereto. Where a title deed issued is a pre-emption certificate title deed or preemption certificate stamped has been utilized, the words pre-emption certificate title deed or pre-emption certificate stamped has been utilized, as the case may be, shall be included below the garuda.

7 7 Clause 14. Land for which a title deed is to be issued must be land which the person having right to land has possessed and utilized and be land for which a title deed may be issued under the law, but no title deed may be issued for the following lands: (1) Land used in common by the people, such as waterways, highways, lakes, banks; (2) Hill land, mountain land and area reserved by the announcement of the Minister under Section 9 (2) of the Land Code, but excluding land whose possessor has lawful possessory right under the Land Code. (3) Land on an island, but excluding land of a person having evidence of notification of land possession, having a pre-emption certificate, certificate of utilization, preemption certificate title deed, pre-emption certificate stamped has been utilized, or person having right under the law on land allocation for living or land approved by the National Land Allocation Commission to be allocated to the people or land from which benefits have been sought under Section 10 and Section 11 of the Land Code, with the approval of the National Land Allocation Commission. (4) Reserved land under Section 10 of the Act Promulgating the Land Code B.E (1954), Section 20 (3) and (4) of the Land Code, as amended by the Land Code Amendment Act (No. 3) B.E (1983) or other laws; (5) Land reserved by the Council of the Ministers for conservation of natural resources or for other public interest. Clause 15. Issuance of title deeds under Section 58 of the Land Code, as amended by the Land Code Amendment Act (No. 4) B.E (1985), shall be proceeded as follows: (1) A survey and mapping shall be conducted according to the procedure for survey for issuance of title deeds, whereby a land owner shall plant boundary marks at all angles of his land;

8 8 (2) The land owner or his representative shall make a statement on Form Nor.Sor. 5 attached hereto; (3) Prior to distribution of title deeds, the land official shall announce the distribution for a period of 30 days. The announcement shall be posted at a conspicuous place at the local land office, khet office or district office or sub-district office, kwaeng office or kamnan s office and on the respective lands, one copy for each place. In a municipality area, another copy shall be posted at the municipality office. Clause 16. In case of issuance of a title deed as an individual case under Section 59 and Section 59 bis of the Land Code, as amended by the Announcement of the National Executive Council No 96, dated February 29 B.E (1972), the person having possessory right to the land shall file an application on Form Nor.Sor. 1 Khor. attached hereto, and Clause 7 (2), Clause 10 (2) and (3), Clause 11 and Clause 15 shall apply mutatis mutandis. Clause 17. Issuance of a substitute title deed shall be proceeded as follows: (1) Where the title deed is endangered or lost, the land owner shall file an application and make an affirmation to the land official and produce evidence for verification by the land official to ensure that it is reliable, and the land official shall make an announcement for a period of 30 days. The announcement shall be posted at a conspicuous place at the local land office, khet office or district office or sub-district office, kwaeng office or kamnan s office and on that land, one copy for each place. In a municipality area, another copy shall be posted at the municipality office. If any person has raised objection within the specified period and evidence has been produced, the land official shall conduct verification and issue order as appropriate in the circumstances. If no person has raised objection within the specified period, a substitute shall be issued as applied for.

9 9 (2) Where the title deed is damaged, if the land owner surrenders such damaged title deed and it still shows the land location, title deed No., name and official seal of the Provincial Governor and or name and official seal of the land official according to the form of a title deed, which can be verified, a substitute shall be issued. If the said material particulars are missing, the provisions of (1) shall apply. (3) Where the court renders a final order or judgement concerning a title deed or where any person is entitled to registration pursuant to a court judgement but has not acquired the title deed or the original title deed is endangered, damaged or lost, the person entitled to registration shall file an application for a substitute and then proceed as provided in (1) or (2), as the case may be. (4) Where the official authorized to seize and sell by auction land of a person in default of payment of tax and duty or any payment as provided by law, applies for issuance of a substitute title deed of such land, which the authorized official has already seized for sale by auction but has not acquired its title deed or the original title deed is endangered, damaged or lost, the said official s document shall be deemed an application and it shall be proceeded in the same way as that provided in (3), but no verification is required. (5) Where the Director-General is to exercise the power to dispose of land under the Land Code but has not acquired the title deed or the original title deed is endangered, damaged or lost, it shall be proceeded in the same way as that provided in (4), but no verification is required. (6) Where the Director-General or the Provincial Governor exercises the power to revoke or correct a title deed, revoke or correct registration particulars under Section 61 of the Land Code, as amended by the Land Code Amendment Act (No. 4) B.E (1985), but has not acquired the title deed or the title deed is endangered, damaged or lost, it shall be proceeded in the same way as that provided in (4), but no verification is required. If the title deed has not been acquired under (3), (4), (5) and (6), the title deed shall be deemed lost.

10 10 Clause 18. A substitute title deed shall be on Form Nor. Sor. 4 Jor. In issuing a substitute title deed, the current provincial land official or provincial branch land official or land official assigned by the Director-General shall sign and affix the land official s official seal and there shall be the word substitute in red ink on the front of the title deed. In the registration index, the day, month and year of issuance of the original title deed shall be indicated with red ink. If there are registration particulars, they shall be copied with red link and the land official shall sign and affix seal below the last particular. If there are no registration particulars, the land official shall sign and affix seal below the day, month and year of issuance of the original title deed. As for the land office s copy of title deed, in its registration index the words A substitute title deed has been issued shall be stated and the day, month and year of its issuance shall be stated with red ink and the land official shall countersign. Clause 19. In case of issuance of a title deed to a person under Section 6 of the Act Promulgating the Land Code B.E (1954) who has notified his possession under Section 5 of the Act Promulgating the Land Code B.E (1954), it shall be proceeded in accordance with the rules and procedure provided by these Ministerial Regulations mutatis mutandis. Given on this 22 nd day of February B.E (1994) Den Tohmeena Deputy Minister Acting on behalf of the Minister of Interior