Chapter 2: Land Allocation for the People

The Minister shall have the power to allocate State land to the people for habitation and for making a livelihood, in accordance with the rules, procedures, and conditions prescribed in this Chapter.

For this purpose, there shall be established a National Land Allocation Committee, having the composition, powers, and duties as prescribed by the Minister with the approval of the Cabinet.

The National Land Allocation Committee shall have the power to determine the areas of State land to be allocated and to prescribe the conditions for such allocation.

The Land Allocation Commission shall have the following powers and duties:

(1) To survey and identify State land suitable for allocation to the people;

(2) To determine the size of land plots to be allocated, having regard to the nature of land use, local conditions, and the needs of the applicants;

(3) To establish criteria for selecting persons to receive land allocation;

(4) To prescribe conditions and obligations to be imposed on persons receiving allocated land;

(5) To supervise and inspect the utilization of allocated land;

(6) To recommend the revocation of land allocation where conditions have been breached.

When the Land Allocation Commission has identified land suitable for allocation, it shall proceed as follows:

(1) Conduct a detailed survey of the land, including soil quality, water resources, access routes, and existing encumbrances;

(2) Prepare a plan for allocation, specifying the number and size of plots, the intended use of each plot, and any infrastructure to be provided;

(3) Submit the plan to the Minister for approval;

(4) Upon approval, publish a notice of allocation in the Government Gazette and in the locality where the land is situated.

The Director-General of the Department of Lands, or a person delegated by the Director-General, shall cause a survey of the land designated for allocation to be conducted.

The survey shall determine the boundaries, area, topography, and condition of the land. The results of the survey shall be recorded in writing and accompanied by a map showing the boundaries and divisions of the land into individual plots.

The survey officials shall have the power to enter upon the land and adjacent properties for the purpose of conducting the survey, provided that reasonable notice is given to the occupier.

Upon completion of the survey, the survey officials shall demarcate the boundaries of each plot by placing boundary markers or posts at each corner of the plot.

The boundary markers shall be of durable material and shall be placed in a manner that is clearly visible. Any person who removes, destroys, or alters a boundary marker without authorization shall be subject to penalties prescribed by law.

A record of the demarcation, including the coordinates of each boundary marker, shall be filed with the provincial land office.

Upon the Minister's approval of the allocation plan, the Land Allocation Commission shall cause a public announcement to be made specifying:

(1) The location and area of the land to be allocated;

(2) The number of plots available;

(3) The eligibility criteria for applicants;

(4) The period within which applications must be submitted;

(5) The office at which applications may be filed.

The announcement shall be posted at the district office, the sub-district administrative office, and in a prominent location in the vicinity of the land for a period of not less than thirty days.

The allocation of State land to the people shall be subject to the following conditions:

(1) The allocated land shall be used only for the purpose specified in the allocation, whether for habitation, agriculture, or such other purpose as the Commission may determine;

(2) The person receiving the allocation shall personally occupy or utilize the land within the period prescribed by the Commission;

(3) The allocated land shall not be transferred, leased, mortgaged, or otherwise encumbered without the prior written approval of the Commission;

(4) The person receiving the allocation shall comply with all conditions and obligations imposed by the Commission;

(5) The Commission may impose such additional conditions as it deems necessary for the proper utilization and management of the land.

A person shall be eligible to apply for land allocation if that person:

(1) Is of Thai nationality;

(2) Has attained the age of twenty years;

(3) Does not own land, or owns land insufficient for habitation or for making a livelihood;

(4) Is capable of personally utilizing the land for the purpose for which it is allocated;

(5) Has not previously received land allocation under this Chapter, unless the previous allocation has been lawfully revoked through no fault of the applicant.

The applicant must provide proof of Thai nationality by presenting a national identity card or other documents prescribed by the Commission.

Where the nationality of an applicant is in doubt, the Commission may require such additional evidence as it deems necessary, and may refer the matter to the relevant authorities for verification.

No allocation shall be made to any person whose Thai nationality has not been established to the satisfaction of the Commission.

A person who already holds land in excess of the area prescribed by Ministerial Regulation for habitation or making a livelihood shall not be eligible to receive land allocation under this Chapter.

In determining whether a person holds sufficient land, the Commission shall consider all land held by the applicant, whether under a title deed, certificate of utilization, or other form of occupancy right.

Land held by the spouse of the applicant shall also be taken into account in calculating the applicant's total land holdings.

Where the number of eligible applicants exceeds the number of available plots, the Commission shall give priority in the following order:

(1) Persons who are landless and have no means of livelihood;

(2) Persons who have been displaced from their land due to government projects or natural disasters;

(3) Persons who own land insufficient for making a livelihood;

(4) Persons who are veterans or dependents of persons killed in the service of the country;

(5) Other persons, in such order of priority as the Commission may determine.

A person shall be disqualified from receiving land allocation if that person:

(1) Has previously had a land allocation revoked due to a breach of conditions imposed under this Chapter;

(2) Has been convicted of an offense relating to encroachment upon public land;

(3) Has made a false statement or submitted false documents in connection with the application for land allocation;

(4) Is an undischarged bankrupt;

(5) Is of unsound mind or is placed under the order of receivership.

A person who has received land allocation shall be obligated to utilize the land in accordance with the purpose of the allocation.

Where the land has been allocated for agricultural purposes, the recipient shall commence cultivation or other agricultural use within the period prescribed by the Commission and shall continue to utilize the land on a regular basis.

Where the land has been allocated for habitation, the recipient shall construct a dwelling and take up residence within the prescribed period.

The person receiving allocated land shall commence utilization of the land within the period prescribed by the Commission, which shall not exceed one year from the date on which the person is notified of the allocation.

Where the person is unable to commence utilization within the prescribed period due to force majeure or other justifiable cause, the person may apply to the Commission for an extension. The Commission may grant such extension as it deems appropriate, but in no case shall the total period exceed two years from the date of notification.

Failure to commence utilization within the prescribed or extended period shall result in the forfeiture of the allocation.

The person receiving allocated land shall not:

(1) Use the land for any purpose other than that specified in the allocation;

(2) Abandon the land or leave it unused for a continuous period exceeding one year without justifiable cause;

(3) Cause or permit damage to the land or to its natural resources, including soil degradation, deforestation, or pollution of water sources;

(4) Subdivide the allocated land without the approval of the Commission;

(5) Allow any other person to occupy or use the land without the approval of the Commission.

Allocated land shall not be sold, exchanged, given, leased, mortgaged, or otherwise transferred or encumbered without the prior written approval of the Commission.

Any transfer or encumbrance made in violation of this section shall be void.

Notwithstanding the foregoing, the Commission may authorize the transfer of allocated land to the heirs of a deceased recipient, provided that such heirs meet the eligibility requirements prescribed in this Chapter and undertake to comply with all conditions of the allocation.

Allocated land shall be forfeited and shall revert to the State in the following cases:

(1) The recipient fails to commence utilization within the prescribed period under Section 27;

(2) The recipient abandons the land or leaves it unused for a continuous period exceeding one year without justifiable cause;

(3) The recipient breaches any material condition of the allocation;

(4) The recipient transfers, leases, mortgages, or otherwise encumbers the land without the approval of the Commission;

(5) The recipient dies without eligible heirs who undertake to comply with the conditions of allocation;

(6) The recipient ceases to be a Thai national.

Forfeiture shall take effect upon an order of the Commission, which shall be notified to the recipient or, in the case of death, to the heirs.

The Minister, upon the recommendation of the Commission, shall have the power to revoke a land allocation where:

(1) The allocation was obtained by fraud, misrepresentation, or concealment of material facts;

(2) The recipient does not possess or has ceased to possess the eligibility requirements prescribed in this Chapter;

(3) The land is required for a public purpose or for national security;

(4) Any of the forfeiture conditions under Section 30 have been met.

Before making a revocation order, the Commission shall give the recipient an opportunity to be heard and to present evidence in defense. The revocation order shall state the grounds for revocation and the date on which the recipient must vacate the land.

Where allocated land is revoked under Section 31(3) because the land is required for a public purpose or for national security, the recipient shall be entitled to compensation as follows:

(1) Compensation for any buildings, structures, or permanent improvements made on the land by the recipient in good faith;

(2) Compensation for crops planted on the land that have not yet been harvested;

(3) Reasonable costs of relocation.

The amount of compensation shall be determined by the Commission, having regard to the value of the improvements and the circumstances of the case. Where the recipient is dissatisfied with the amount of compensation, the recipient may appeal to the court within sixty days of receiving notification of the compensation determination.

A person who has received land allocation may voluntarily return the land to the State by submitting a written notice to the Commission.

Upon receipt of the notice, the Commission shall arrange for the return of the land, including the removal of any registration or notation relating to the allocation.

A person who voluntarily returns allocated land shall not be entitled to any compensation for improvements made on the land, unless the Commission determines otherwise in its discretion.

The voluntary return of allocated land shall not constitute a disqualification from receiving future land allocation, provided that the person continues to meet the eligibility requirements prescribed in this Chapter.