วันพุธที่ 3 กรกฎาคม พ.ศ. 2556

คำแปลพระราชบัญญัติว่าด้วยการเวนคืนอสังหาริมทรัพย์ พ.ศ. 2530

Translation

IMMOVABLE PROPERTY EXPROPRIATION ACT,
B.E. 2530 (1987)[1]
                       

BHUMIBOL ADULYADEJ, REX.
Given on the 10th Day of August B.E. 2530;
Being the 42nd Year of the Present Reign.

                        His Majesty King Bhumibol Adulyadej is graciously pleased to proclaim that:
                        Whereas it is expedient to revise the law on immovable property expropriation;
                        Be it, therefore, enacted by the King, by and with the advice and consent of the National Assembly, as follows:

                        Section 1.    This Act is called the “Immovable Property Expropriation Act, B.E. 2530”.

                        Section 2.    This Act shall come into force as from the day following the date of its publication in the Government Gazette[2].

                        Section 3.    The Immovable Property Expropriation Act, B.E. 2497 (1954) shall be repealed.

                        Section 4.    In this Act:
                        “Expropriation” means compulsory acquisition of land or other immovable properties under the provisions of this Act;
                        “Officer” means Ministry, Sub-Ministry, Department, local administration, State enterprise or any person acting for the benefit of the State that having the power to engage in, or control of, an expropriation;
                        “Local Assembly” means Changwat[3] Assembly, Municipality Assembly, Tambon[4] Assembly, Bangkok Metropolitant Assembly, Khet[5] Assembly, Pattaya City Assembly, Sanitary Committee[6] or any other local assembly established under the law, as the case may be.

CHAPTER I
Immovable Property Expropriation

                        Section 5.       In the case where there is necessary for the State to acquire any immovable property for the provision of any necessary public utility or national defense, for the acquisition of natural resources, for town and city planning, for the development of agriculture, industry or land reform, or for other public purposes, if the transfer of ownership of such immovable property is not agreed upon otherwise, the expropriation under this Act shall apply.
                        Though the provisions on expropriation are existed in any other specific law, the Council of Ministers may, if it thinks fit, have a resolution that the expropriation shall be conducted under the provisions of this Act.
                        For the purpose of the expropriation under paragraph one, the Royal Decree on demarcation of the area to be expropriated may be enacted prior to the expropriation.

                        Section 6.       The Royal Decree on demarcation of the area to be expropriated shall consist of the followings:
                        (1) purposes of the expropriation;
                        (2) expropriation officer;
                        (3) demarcated area to be expropriated as necessary.
                        The map or plan that demarcate the area to be expropriated and all land plots within the demarcated area shall be made and annexed with the Royal Decree and shall be deemed as an integral part of the Royal Decree.
                        The Royal Decree shall be in force for two years or within the period as specified therein; but no longer than four years, if there is necessary for the survey of land to be expropriated.

                        Section 7.       When the Royal Decree enacted under section 6 comes into force, the officer or his entrusted person shall post the copy of the Royal Decree together with its annexed map or plan to be seen by the public at the following places:
                        (1)  Office of the officer;
                        (2)  Bangkok Metropolitan Administration, Khet Office, Khwaeng Office, Changwat Office, Amphoe or King-Amphoe[7] Office, Tambol Office, Village Master Office, as the case may be, where the immovable property to be expropriated is located;
                        (3)  Changwat Land Office and Amphoe Land Office where the immovable property to be expropriated is located.

                        Section 8.       Within the enforcement period of the Royal Decree enacted under section 6, the office or his entrusted person shall have the power to enter into the land or other immovable properties within the demarcated area specified in the map and to do any act as necessary to survey, and to obtain certain information relating to, immovable property to be expropriated, but he shall have written notice to the owner of, or the person who legally takes possession of, that immovable property on details of his operation at least fifteen days prior to the date he starts the operation.  In this regard, the owner of, or the person who legally takes possession of, that immovable property shall be entitled to compensation for any damage incurred during the course of the aforesaid operation.

                        Section 9.       When the Royal Decree enacted under section 6 comes into force, the officer or his entrusted person shall complete the survey in order to obtain certain information relating to immovable property to be expropriated within one hundred and eighty days.  If the expropriation shall be made for the construction or expansion of the road, rail, motorway, irrigation canal or the likes, the survey shall complete within two years as from the date the Royal Decree comes into force.
                        When any or all part of the survey has completed, the officer shall, within thirty days as from the completion date of that survey, propose the Minister having charge and control of the execution of the Royal Decree to appoint the Committee comprising a representative of the officer, a representative of the Land Department, a representative of other State agency and a representative of the local assembly in order to appraise the estimate price of immovable property to be expropriated and the amount of compensation to be paid to the person under section 18.
                      In the case where the Royal Decree enacted under section 6 cover any local administration, there shall also be a representative of each local administration in the Committee under paragraph two.
                        In an appraisal of the price of immovable property to be expropriated and the amount of compensation to be paid, regard shall be had to the rules under section 18, section 21, section 22 and section 24.  The appraised price and compensation shall be completed and published at the place under section 7 within one hundred and eighty days as from the date the Committee has been appointed.
                        If the aforesaid duty shall not be completed within the period under paragraph four upon necessary ground, the Committee may ask the Minister having charge and control of the execution of the Royal Decree to extend the aforesaid period but no longer than one hundred and eighty days.

                        Section 10.     While the Royal Decree enacted under section 6 being in force, the officer or his entrusted person shall have the power to deal with the owner of, or the person who legally takes possession of, immovable property to be expropriated with a view to buy that immovable property, to negotiate the price of, or compensation to be paid for, that immovable property, and to buy or pay compensation in accordance with the procedure to be mentioned.  That price or compensation shall not exceed the price appraised by the Committee under section 9.
                        If the deal to buy immovable property under paragraph one is success, but the amount of compensation is unable to agree, the owner of, or the person who legally takes possession of, that immovable property may collect the compensation in an amount equal to the price appraised by the Committee under section 9 and reserve the right to appeal for more to the Minister under section 25.  In this case, the officer or his entrusted person shall conclude the sale contract with such reservation and pay compensation in an amount equal to the appraised price to the owner of, or the person who legally takes possession of, that immovable property.

                        Section 10 bis.[8]   If it appears to the Minister having charge and control of the execution of the Royal Decree enacted under section 6 that the land price goes up high after the appraised price of the land to be expropriated, wholly or partly, has been notified and the price of immovable property paid by the officer under section 10 or the price of immovable property appraised and notified by the Committee under section 9 becomes unfair to the person under section 18, the Minister shall, with approval of the Council of Ministers, order the Committee under section 9 or the Committee which has been newly appointed in accordance with the rule under section 9 to justify the price of immovable property or the appraised price in accordance with the rules and conditions approved by the Council of Ministers.  The justified price of immovable property shall be deemed the sale price as agreed upon and the justified price shall be deemed the price appraised by the Committee under section 9, as the case may be.
                        The officer or his entrusted person shall have written notification; within one hundred and twenty days as from the date the justified price has been published, to the entitled person to collect the additional price.  In this case, section 28 paragraph two and section 33 shall apply mutatis mutandis.
                        Once any person enjoys the justification of the price under paragraph one, the order to re-justify the price for that person shall not be made.

                        Section 11.     If the deal to buy immovable property under section 10 is success, the officer or his entrusted person shall, within one hundred and twenty days as from the date of sale contract has been made, pay the total amount of the price specified in the contract to the owner of, or the person who legally takes possession of, that immovable property.
                        In making of the sale contract, the officer or his entrusted person shall, in the case where such immovable property is the land with title deeds, have written notice to the registrar under the Land Code for inscription of that sale into the title deeds.  In this case, the registrar shall inscribe the sale in both title deeds kept at the Land Office, Amphoe Land Office or King-Amphoe Land Office and title deeds hold by the person who is entitled to that land.  Such inscription shall be deemed as the registration of right and juristic act under the law and this sort of inscription is exempted from all fee and revenue stamp.  The date on which the payment under paragraph one is made shall be deemed the date that immovable property is transferred.
                        The registrar under section 71 of the Land Code shall, for the purpose of this inscription, have the power to summon the title deeds hold by the owner of, or the person who legally takes possession of, that immovable property and to conduct the inscription therein.  In this case, the owner of, or the person who legally takes possession of, that immovable property may submit that title deeds to such officer by hand or by advice of delivery mail.

                        Section 12.     If the immovable property under the sale under section 10 has no land title deeds, the officer shall appoint a Committee; comprising Nai Amphoe or Palad Amphoe acting as Head of King-Amphoe of the locality where such immovable property is located or Amphoe Land Officer or King-Amphoe Land Officer or his representative, Head of the Village of the locality where such immovable property is located and a representative of the officer, to investigate that who is the person entitled to such immovable property. Once that person has known to the Committee, the sale contract under section 11 shall be concluded.
                        The provisions of the Land Code related to survey shall apply to the investigation under paragraph one mutatis mutandis.

                        Section 13.     If it appears, after the enactment of the Royal Decree under section 6, to the officer that any delay of expropriation may seriously cause hindrance to economic and social development or to any significant benefit of State, the Council of Ministers shall have the power to publish in the Government Gazette that that expropriation is urgency and necessity.
                        The officer or his entrusted person shall, upon the publication under paragraph one, have the power to take possession or use that immovable property prior to expropriation under the conditions that written notice on this matter shall be given to the owner of, or the person who legally takes possession of, that immovable property in advance for not less than sixty days and the compensation appraised under section 9 shall be paid or deposited.  In case of land expropriation, such payment shall be made prior to the taking of possession or using of that land.  In case of any other immovable property, if the price has been agreed upon, the agreed price shall be paid but not exceeding the price appraised by the Committee under section 9.  If the price is unable to agree upon, the officer or his entrusted person shall have the power to take possession or use that immovable property after the compensation has been deposited under section 31.
                        If it is necessary to demolish any construction, to displace of property or to do any act relating to such expropriated immovable property, the officer or his entrusted person shall, upon payment or deposit of compensation under paragraph two, have written notice to the owner of, or the person who legally takes possession of, that immovable property to conduct such demolition, displacement or act within the period specified therein, but not less than sixty days as from the date the notification has been sent.  If the owner of, or the person who legally takes possession of, that immovable property fails to comply with such notice within the specified period, the officer or his entrusted person shall have the power to do such act and the owner of, or the person who legally takes possession of, that immovable property shall bare all costs incurred therefrom.  If any extraordinary damage occurs during the course of possession or use of immovable property in urgency and necessity case, the officer or his entrusted person shall pay fair compensation for such damage additionally.
                        If it is unable to send the notice to the owner of, or the person who legally takes possession of, immovable property, that notice shall be posted at a location where such immovable property is located and at the places under section 7.  In this case, the time on which the officer or his entrusted person is going to do under paragraph two or paragraph three shall be specified therein which shall not less than seventy-five days as from the date the notice has been posted.
                        Upon the completion of the procedure under paragraph four, it shall be deemed that the notice has known to the owner of, or the person who legally takes possession of, immovable property.
                        In an execution of the provisions under paragraph two and paragraph three, section 10, section 11, section 14, section 25, section 26, section 27, section 28, section 29 and section 31 shall apply mutatis mutandis.

                        Section 14.     The officer or his entrusted person shall, in an execution of the provisions under section 13 paragraph three, have the power to maintain debris of the demolished construction or displaced property at any place upon the cost which shall be borne by the owner of, or the person who legally takes possession of, that immovable property.  If such construction or property is perishable, or the keeping thereof risks of damage or the maintenance cost thereof may exceed its price, the officer or his entrusted person shall have the power to sell such construction or property at once by auction or by other means as he thinks fit.  The net-income, after deduction of an expense incurred along the sale procedure, shall be maintained in lieu of such construction or property.
                        In the case where the owner of, or the person who legally takes possession of, immovable property fails to claim for such construction, property or money maintained in lieu thereof within five years as from the date the demolition or displacement has been conducted, such construction, property or money shall vest in the State.

                        Section 15.     When the accurate fact in relation to immovable property to be expropriated has completely been gathered, the Act on expropriation of such immovable property shall be enacted.  In this Act, the plot of land or other immovable property to be expropriated together with the name of the owner of, or the person who legally takes possession of, such immovable property shall also be prescribed therein.
                        The location of all immovable properties to be expropriated shall be distinctly demarcated on the map or plan annexed with the Act on immovable property expropriation and that map or plan shall be deemed as an integral part of such Act.
                        The landmarks shall be installed around the demarcated area prior to the enactment of the Act.

                        Section 16.     The ownership of immovable property to be expropriated shall be transferred to the officer on the date the Act on immovable property expropriation enacted under section 15 comes into force, but the officer shall have the right to take possession of or use that immovable property only upon payment or deposition of compensation as prescribed by this Act.
                        If the expropriated immovable property is subjected to mortgage, preferential right or any jus in rem, such mortgage, preferential right or jus in rem shall expire, but the mortgagee, the holder of preferential right or the beneficiary to such jus in rem still entitles to the performance of debt or to obtain benefit from the compensation to be paid for that immovable property.  In this case, the request for the performance of debt or for that benefit shall be made within sixty days as from the date the written notification has known to him under section 28 or section 29, as the case may be.
                        As from the date the Act on immovable property expropriation under section 15 comes into force, if the person entitled to that property transfers his right to the transferee, the transferee shall be entitled only to the claim for compensation.

                        Section 17.     In the case where the area to be expropriated covers land where any Buddhist temple is located or land owned by any Buddhist temple and it is necessary to acquire such land for the fulfilment of the purposes of the expropriation, if the Act on immovable property expropriation has been enacted under section 15, it shall be deemed that such Act is the Act transferring of ownership of land where any Buddhist temple is located or land owned by any Buddhist temple under the law on Buddhist Monk Administration.

CHAPTER II
Compensation

                        Section 18.     The following person shall be entitled to compensation:
                        (1)  owner of, or the person who legally takes possession of, land to be expropriated;
                        (2)  owner of tenement or other constructions which are unable to demolish and existed on the land to be expropriated on the date the Royal Decree enacted under section 6 comes into force or constructed later by permission of the officer;
                        (3)  lessee of land, tenement or other constructions on the land to be expropriated, but the lease contract shall be made in writing prior to the date the Royal Decree enacted under section 6 comes into force or made later upon the permission of the officer and such contract stills valid on the date the officer or his entrusted person takes possession of that land, tenement or construction.  The compensation in this case shall merely be paid to the lessee who has to leave that land, tenement or construction prior to the termination of that lease contract;
                        (4)  owner of perennial grew on the land on the date the Royal Decree enacted under section 6 comes into force;
                        (5)  owner of tenement or other constructions which are able to demolish and existed on the land to be expropriated on the date the Royal Decree enacted under section 6 comes into force, but that person is not required to demolish that tenement or construction upon request of the land owner.  The compensation under (5) shall be paid only for demolition, relocation and reconstruction;
                        (6)  any person who lost his right of way or right to lay down water-pipeline, drainpipe, electricity line or the like through the land to be expropriated under section 1349 or section 1352 of the Civil and Commercial Code and that person pays considerations in return for the use of that right to the owner of the land to be expropriated.

                        Section 19.     If any tenement or construction is not expropriated entirely, the owner may request the officer to expropriate the remaining if it is unusable.
                        If the officer rejects the request, the owner shall, within sixty days as from the date he receives the written rejection from the officer or his entrusted person, have the right to appeal to the Minister having charge and control of the execution of the Royal Decree enacted under section 6 or the Minister having charge and control of the execution of the Act on immovable property expropriation.  The Minister shall deliver the decision on such appeal within sixty days as from the date he receives that appeal.  If the decision is not delivered within the specified period, it shall be deemed that the Minister decides in favour of the owner.
                        The decision of the Minister is deemed final.
                        In an execution of the provisions under paragraph two, section 10, section 11 and section 33 shall apply mutatis mutandis.

                        Section 20.     In the case where there is necessary to expropriate any part of the land, but the remaining part is less than twenty-five square wa[9] or any side of the remaining land is shorter than five wa[10] and the remaining part is not adjacent to any other plot of land owned by the same owner, the officer shall, upon request of the owner, expropriate or buy that remaining part.
                        In case of buying, section 10, section 11 and section 33 shall apply mutatis mutandis.

                        Section 21.     Unless otherwise prescribed by any Act on immovable property expropriation, the followings shall be taken into the consideration in determining the amount of compensation to be paid to the entitled person under section 18:
                        (1)  commercial price of immovable property to be expropriated on the date the Royal Decree enacted under section 6 comes into force;
                        (2)  price of immovable property appraised for collection of local tax;
                        (3)  price of immovable property appraised for collection of tax on registration of right and juristic act;
                        (4)  conditions and location of that immovable property;
                        (5)  objectives and purposes of such expropriation;
                        such regard shall be had to in order for balancing of justification between the right of individual who has been expropriated and public benefit.
                        If any work or act done on the course of expropriation causes the price of the remaining part of that immovable property goes up high, such higher price shall be deducted from the amount of compensation.  In this case, it shall be deemed that that price is not greater than the amount of compensation in order to claim the differential from the owner of, or the person who legally takes possession of, immovable property to be expropriated.
                        If immovable property has been expropriated in part and the price of the remaining goes down low, compensation to be determined shall cover the price of that remaining.
                        The calculation for the high price under paragraph two or the low price under paragraph three shall be in accordance with the rules and procedure prescribed by the Royal Decree.
                        If the owner of, or the person who legally takes possession of, immovable property to be expropriated, lives or runs business or other legally works on the immovable property to be expropriated and such person may be susceptible to damage on the ground that he has to leave that immovable property, compensation for such damage shall also be determined.

                        Section 22.     In the case where the owner of the land to be expropriated does not use that land for living or for running any occupation or utilisation, compensation may be determined at the price lower than the price prescribed in section 21 if the owner acquires that land within five years prior to the expropriation, but the amount of that compensation shall not lower than the price that the owner paid for the acquisition of such land.

                        Section 23.     In the case where the Act on immovable property under section 15 has been enacted without the enactment of the Royal Decree under section 6 and no provisions on compensation prescribed therein, the Minister having charge and control of the execution of that Act shall, within thirty days as from the day such Act comes into force, appoint a Committee; comprising a representative of the officer, a representative of the Land Department, a representative of any other State agency and a representative of related local assembly, to determine the price of immovable property to be expropriated and compensation to be paid to the person under section 18.
                        The Committee under paragraph one shall, within one hundred and twenty days as from the date of its appointment, complete the determination of the amount of compensation and the rules as prescribed in section 21 shall apply mutatis mutandis.  In this case, section 9 paragraph three and paragraph five, section 10, section 18, section 22 and section 24 shall also apply mutatis mutandis.

                        Section 24.     If the price of the land goes up high because of the following properties, compensation for the higher price shall not be calculated:
(1)   tenement or construction built or constructed on, or agricultural cultivation, development or lease on, that land after the date the Royal Decree enacted section 6 comes into force without permission of the officer, except planting of rice, farming or gardening done in regular manner;
(2)   tenement or construction built or constructed on, or agricultural cultivation, development or lease on, that land prior to the date the Royal Decree enacted section 6 comes into force with an intention of fraud for compensation.

                        Section 25.[11]  The person entitled to compensation under section 18 who does not satisfy with the price of immovable property or the amount of compensation determined by the Committee under section 9, section 10 bis, section 23 or section 28 paragraph three may appeal to the Minister having charge and control of the execution of the Royal Decree enacted under section 6 or the Minister having charge and control of the execution of the Act on immovable property expropriation within sixty days as from the date he receives the written notice from the officer or his entrusted person to collect that compensation.
                        In considering appeal, the Minister shall appoint a Committee to give him an advice.  Such Committee shall compose of not less than five qualified members in field of law and immovable property appraisal.  The Minister shall deliver his decision on such appeal within sixty days as from the date of receiving of an appeal.

                        Section 26.     In the case where the person entitled to compensation who does not satisfy with the decision of the Minister under section 25 or where the Minister fails to deliver his decision within the period prescribed in section 25 paragraph two, that person shall have the right to file the case to the Court within one year as from the date he receives the decision of the Minister or at the expiration of the aforesaid period, as the case may be.
                        The exercise of the right under section 25 paragraph one or the paragraph one of this section by the owner of, or the person who legally takes possession of, immovable property does not suspend the authority of the officer or his entrusted person in relation to the expropriation of that immovable property in taking possession or use of that immovable property, demolition of construction, displacement of property or any other act.
                        If the Minister decides, or the Court rules, that additional compensation shall be paid, the entitled person shall also be entitled to interest of that additional compensation at the highest interest rate of the fixed-term account of the Government Saving Bank since the date that compensation has to be paid or deposited.

                        Section 27.     In the case where the Minister having charge and control of the execution of the Royal Decree enacted under section 6 or the Minister having charge and control of the execution of the Act on immovable property expropriation enacted under section 15 is of opinion that the price of immovable property to be expropriated or the amount of compensation to be paid to the entitled person under section 18 as determined by the Committee under section 18 or section 23, as the case may be, is exaggeratedly high compared to the result of calculation under the rule as prescribed in section 9 or section 21, the Minister shall have the powers to:
                        (1)  order that Committee to review the price of immovable property to be expropriated or the amount of compensation to be paid; or
                        (2)  appoint the new Committee in accordance with section 23 in replace of the appointed Committee.

CHAPTER III
Immovable Property Expropriation Procedure

                        Section 28.     When the Act on immovable property expropriation under section 15 comes into force, the officer or his entrusted person shall post the copy of that Act together with its annexed map or plan and list of the owner of, or the person who legally takes possession of, immovable property to be expropriated to be seen by the public at the places under section 7 and other public places as he thinks fit and shall notify, in writing, the person entitled to compensation under section 18 to collect the compensation in an amount determined by the Committee under section 9 or section 23, as the case may be, within the period specified therein, but not exceeding one hundred and twenty days as from the date that Act on immovable property expropriation comes into force in case or section 15 or as from the date the amount of compensation has been determined by the Committee in case of section 23.  In this regard, section 13 paragraph four and paragraph five shall apply mutatis mutandis.
                        If any entitled person fails to collect the compensation within the specified period, or there is unable to pay compensation to the entitled person on the ground that the ownership of, or any jus in rem over, the immovable property to be expropriated is unclear, or the division of compensation to each entitled person could not be made, the officer or his entrusted person shall, without delay, deposit that compensation under section 31.
                        If the Minister having charge and control of the execution of the Act on immovable property expropriation is of opinion that the price of land goes up high and the amount of compensation determined by the Committee under section 9 or section 23 is not fair for the person under section 18, the Minister shall have the power to increase the amount of compensation.  In this case, section 10 bis shall apply mutatis mutandis.[12]

                        Section 29.     If immovable property to be expropriated is subjected to mortgage, preferential right or any jus in rem, the officer of his entrusted person shall have written notice to the mortgagee, the holder of preferential right or the beneficiary to such jus in rem to claim for his debt or claim for his right over the compensation for that immovable property within sixty days as from the date he receives that notice.  During the aforesaid period, the officer or his entrusted person shall not pay compensation to the owner of, or the person who legally takes possession of, that immovable property, but the officer or his entrusted person may pay compensation to the mortgagee, the holder of preferential right or the beneficiary to such jus in rem only upon agreement settled among the concerned parties.  If the concerned parties are unable to settle that agreement, the officer or his entrusted person shall deposit the compensation under section 31 without delay and shall have written notice to the concerned parties to bring their claims to the Court.

                        Section 30.     If paying or depositing of compensation under section 28 or section 29 is made for immovable property which may be demolished, the officer or his entrusted person shall pay or deposit three-fourth of the total amount of compensation in advance and shall notify the owner of, or the person who legally takes possession of, that immovable property to demolish it within sixty days as from the date he receives such notification.  If that person fails to comply with the notification, the officer or his entrusted person shall have the power to demolish the property, and all costs incurred in the course of demolition shall be deducted from the unpaid compensation and only the remaining compensation shall be paid or deposited.  In this case, section 14 shall apply mutatis mutandis.

                        Section 31.     In the case where compensation for immovable property expropriation has to be deposited by whatever reasons, that compensation shall be deposit to the Court, the deposit office or the Government Saving Bank for, and in the name of, each entitled person.  All interests or fruits incurred from such deposition shall vest in that entitled person.
                        A person who desires to claim the deposited money shall notify the officer in advance for not less than fifteen days and the officer or his entrusted person shall have the duty to withdraw the money to pay to the claimant.
                        The rules and procedure for deposition of compensation to the Court, the deposit office or the Government Saving Bank shall be in accordance with the regulation prescribed by the Council of Ministers.

                        Section 32.     When payment or deposition of compensation for immovable property to be expropriated has been made to any entitled person, the officer or his entrusted person shall notify, in writing, the registrar under the Land Code for acknowledgement and the registrar shall then inscribe the expropriation in the title deeds.  In this case, section 11 shall apply mutatis mutandis.
                        For the purpose of inscription under paragraph one, the registrar shall have the powers as prescribed in section 74 paragraph one of the Land Code.

CHAPTER IV
Miscellaneous

                        Section 33.     If the officer or his entrusted person pay the price of immovable property later than the period as prescribed in section 11 paragraph one or pay compensation later than the period as prescribed in section 28 paragraph one, the person entitled to that price or compensation shall also be entitled to interest on that price or compensation at the highest interest rate of the fixed-term account of the Government Saving Bank since the expiration of such period.

                        Section 34.     The right to claim for deposited money under section 31 shall be exercised within ten years as from the date the deposition has been made.  If the is no exercise of such right within the aforesaid period, the deposited money shall vest in the State.

                        Section 35.     Whoever obstructs the officer or his entrusted person in the performance of his powers and duties of under section 8, section 13 or section 30 shall be liable to imprisonment for a term of not more than six months, or to a fine of not more than six thousand Baht, or to both.

                        Section 36.     The Royal Decree on demarcation of the area to be expropriated enacted under the Immovable Property Expropriation Act, B.E. 2497 (1954) shall be in force until the expiration date of such Royal Decree.
                        The expropriation and any act done in accordance with the Immovable Property Expropriation Act prior to the date this Act comes into force shall be valid, but further procedure shall be made in accordance with this Act.  Any arbitration that has been nominated shall be rescinded if its award has not yet given.  In this case, the parties thereto shall have the right to appeal under section 25 within one hundred and eighty days as from the date this Act comes into force.
                        The officer shall have the duty to notify the parties on the rescission of the arbitration under paragraph two within sixty days as from the date this Act comes into force.


Countersigned by:
     General Prem Tinsulananda
                Prime Minister



[1]© 2013, Pakorn Nilprapunt, pakorn.nilprapunt@gmail.com , Remark: Reference to Thai legislation in any jurisdiction shall be made to the Thai version only.  This translation has been made so as to establish correct understanding about this Act to the foreigners.
[2]Published in the Government Gazette Vol. 104, Part 164, Special Issue, dated 19th August B.E. 2530 (1987).
[3]Thai for Province
[4]Thai for Sub-District in other provinces, but Sub-Districts in Bangkok are call “Khwaeng” in Thai
[5]Thai for District in Bangkok, but Districts in other provinces are called “Amphoe” in Thai
[6]Sanitary Administration and Sanitary Committee are now inexistence since the law establishing the Sanitary Administration and Sanitary Committee had been repealed.
[7]King-Amphoe is now inexistence.
[8]As added by the Notification of the National Peace Keeping Council No. 44, dated 28th February B.E. 2534 (1991).
[9]Thai conventional measurement unit for land. 1 wa equal to 2 meter. So, 25 wa2 equal to 100 m2
[10]10 m
[11]Paragraph one of this section has been amended by the Notification of the National Peace Keeping Council No. 44, dated 28th February B.E. 2534 (1991).
[12]Paragraph three of this section has been added by the Notification of the National Peace Keeping Council No. 44, dated 28th February B.E. 2534 (1991).