Crown Property Act (B.E. 2479)

© 2009, Foreign Law Division, Office of the Council of State (www.krisdika.go.th, www.lawreform.go.th) 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. Translation CROWN PROPERTY ACT, B.E. 2479 (1936) In the name of His Majesty King Ananda Mahidol: The Council of Regency (By the Notification of the President of the House of Representatives Dated 20th August B.E. 2478 (1935)); Aditya Dibabha; Chaophraya Yomraj; General Chaophraya Bijayendra Yodhin. Enacted on the 15th Day of June, B.E. 2480 (1937): Being the 4th Year of the Present Reign. Whereas the House of Representatives has passed the resolution that it is expedient to manage crown property to be more appropriate; Be it, therefore, enacted by the King, by and with the advice and consent of the House of Representatives, as follows: Section 1. This Act is called the “Crown Property Act, B.E. 2479 (1936).” Section 2. This Act shall come into force as from the date of its publication in the Government Gazette.1 Section 3. All laws, rules and regulations in so far as they are contrary to or inconsistent with the provisions of this Act shall be repealed. Section 4.2 In this Act: “King’s private property” means property belonged to the King before ascending to the throne, property conferred on the King by the State or property acquired by the King by any means and at any time other than property acquired on account of Kingship, including any fruit accrued therefrom; “Public property” means property of the King which is used exclusively for the benefit of the State e.g. palace; “Crown property” means property of the King other than the King’s private property and public property. Section 4 bis.3 There shall be the “Crown Property Bureau” to perform duties under Section 5 paragraph two. The Crown Property Bureau shall be juristic person. 1Published in the Government Gazette, Vol. 54, dated 19th July B.E. 2480 (1937). 2As amended by section 3 of the Crown Property Act (No. 3), B.E. 2491 (1948). 3As added by section 4 of the Crown Property Act (No. 3), B.E. 2491 (1948). © 2009, Foreign Law Division, Office of the Council of State (www.krisdika.go.th, www.lawreform.go.th) 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 Section 4 ter.4 There shall be a “Crown Property Board” consisting of the Minister of Finance as ex officio Chairperson and not less than four members as appointed by the King whereby one among them shall also be appointed by the King to be the Director-General of the Crown Property Bureau. The Crown Property Board shall have the powers and duties to supervise generally the Crown Property Bureau’s affairs. The Director-General of the Crown Property Bureau shall have the powers and duties as entrusted by the Crown Property Board and shall have the power to sign for and on behalf of the Crown Property Bureau. Section 5.5 Public property and all crown properties for household use shall be under preservation of the Bureau of the Royal Household. Crown property other than those as mentioned in the preceding paragraph shall be under preservation and management of the Crown Property Bureau. The preservation and management of the King’s private property shall be at His Majesty’s pleasure. Section 5 bis.6 When the King appoints, at His Majesty’s pressure, any person as trustee for preservation and management of the King’s private property, the Prime Minister shall publish such appointment in the Government Gazette. Upon the publication under the preceding paragraph, no name of the King or any other statement shall, in any affair regarding the King’s private property, be specified so as to represent or to be implied that His Majesty is a party thereto. In this case, only the name of trustee with the words “Trustee of the King’s Private Property” shall be specified. Section 6.7 All income derived from the crown property under section 5 paragraph two shall be paid, with His Majesty’s approval, exclusively for binding obligation, salary, gratuity, pension, reward, current expense, incidental expense, investment and royal charity. Income left after deducting the expenditures paid under the preceding paragraph may be paid at the King’s pleasure in any case, or by the Council of Regency only for royal public charity or religious or royal custom in relation to the King’s duties. Section 7.8 Subject to section 6, crown property may be transferred or disposed of only for the benefit of the crown property itself and with His Majesty’s approval, or for public interest as permitted by provisions of law. 4Ibid. 5As amended by section 5 of the Crown Property Act (No. 3), B.E. 2491 (1948). 6As amended by section 6 of the Crown Property Act (No. 3), B.E. 2491 (1948). 7As amended by section 7 of the Crown Property Act (No. 3), B.E. 2491 (1948). 8As amended by section 8 of the Crown Property Act (No. 3), B.E. 2491 (1948). © 2009, Foreign Law Division, Office of the Council of State (www.krisdika.go.th, www.lawreform.go.th) 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. 3 Section 8. Public property shall be exempted from duty and taxation. Crown property shall be exempted from duty and taxation as same as public property. The King’s private property shall not be within the bound of exemption as aforesaid. Section 9. The Prime Minister and the Minister of Finance shall have charge and control of the execution of this Act, and shall have the power altogether to issue Ministerial Regulations for the execution of this Act. Such Ministerial Regulations shall come into force upon their publication in the Government Gazette. Countersigned by: Colonel Bahol Bolabayuha Sena Prime Minister Certified translation (Mr. Chukiert Ratanachaichan) Permanent Law Councillor Acting for Secretary-General of the Council of State