Rubber Replanting Aid Fund Act, B.E. 2503 (1960)

1 I l / l ~ ~, Ltllf/t531 ~./ Translatloo RUBBER REPLANTING AID FUND ACT, B E 2503 ( 1960)(1) 390087 \1'4 THE NAME OF HIS -MAJESTY KING BHUMIBOL AOULYADEJ SANewAN Regent eiven on the25th Day of August 8 E 2503 Bemg the 15th Year of the Present ReIgn Whereas It IS expedient toesteonen arubber replantmg BId fund 10 order toessrst rubber plantatlon owners 10 the improvement ofruober plentetions, Be It, therefore. enscteo by the Kmg, by and wlth the OOvlce and consent of the Constltuent Assambly 10 the cepecitv of the NatIonal Assambly1 as follows. section 1 ThIS Act 1Scalled the "Rubber Replantmg Ald fund Act, B.E 2503" section 2 ThIS Act shall come mto flJrce after nmety days from the date af tts puhhcatum In theGovernment Gazette (2) section 3 (3) In trnsAct Mrubber tree" means HeoJea spp , "h1gh yIeldmg rubber verretv" means a rubber tree ofa venetv WhICh glVes hIgh Yle1d as presenbed by theBoard Wlth the advlce oftheDepartment ofAgrIculture, "rubber plantahon" means an area where rubber trees are cult1vated ofnot less than two N0154} each ROf havmg not less than ten rubber treesand on the average there must not be less than twenty nverubber treeseacn /lOI, (0 Ns amended by the RUbber Replantmg Aid Fund Act (No 4), BE 2530 (1987). Government Gazette Vol 104, Part 269, Speclsllssue, dated 20th December BE 2530 ( 1987) (2) Government Gazette Vol. 77, Part 73, dated 6th September BE. 2503(1960) (3) As amended bysection 3 of the Rubber ReplantmgAld Fund Act(No 2), B.E 2505 (1962) (4) Approximately one thousand and six hundred square metres !, I I. I • I I I J :~ ·390038 2 ·small plantatitJO" means a rubber plantatlon ofnot more than flfty Rai. "medium plantation" means a rubber plantatlOn of more than flfty but less thary two hundred and flfty ROl. "large plantatlOn" means a rubber plentenon of two hundred and flfty Ral and upwarcl; "rubber plantation owner" means a rubber planter who has the rIght to reeewe the produce from the rubber trees In msrubber plantatlon, "rubber" means latex) rubber sheets. crepe rubber. lump rubber. scrap rUbber or other forms of rubber produced or derlVed from any part of a rubber tree but does not include products manufactured from rubber • "repiantmg"(S} means planting of hlgh Yleld1ng rubber venenes or other perennial treesofecononnc Importance as prescrtbed by theBoard toreplace some or all of the. old rubber treesor perenmal trees, "aidyear" means a pened from tst OCtober of the year to 30th september ofthe ensumg year and it sh~n be ldentlfled by the B.E numerals forsuch ensumg year j "81d offic1al" means a person appointed aid offiCIal by the M1mster• "Soard" means the Board of Rubber Replantmg AId, "Dtrector" means the Dlrectorafthe Offlceof Rubber ReplantmgAld Fund, "Mmlster h means the Mimster having charge and control of the execution of this Act 5ecbon 4 (6) Afund shall be estab1ished conslstmg of ald contnbutlonunder tms Act celled the "Rubber Replantmg Ald Fund" for fmancmg the improvement of rubber plentetton WhlCh gives httle Yleld Tr£ Rubber Replantmg Ald Fund shall be a jur-istic person with the objects of.. management ofechvities in aid of rubber plantation in accordance with trnsAct and shall have thepower to do any act necessary for and supplementary tothe said objects as well as tocarry out rubber plantatl0n and tree crop plantation and ectivmes m connection WIth the, ~ . cemenstrsncn and promenon for the benefit of the 81qs mcludmg the unplementenon of the promotton and replantmg ofother perenmal trees of eeonormc lmportance as entrusted by the Government (5) As amended bY secbon 3 ofthe Rubber Replantmg AId Fund N.;t (No 3), BE 2518 ( 1975) (6) As amended bY section 4, lbld l Of. 3 . 3900'fJ9 3 The Rubber Replantmg /l,ld Fund shall have its head otnce m the Bangk.ok Metropohs called the "Offtce of Rubber Repiantmg AId Fund" Sectlon 4 bIS (7) In rmplemenhnq the promotion and replantmg of other perenmal trees under section 4, the exnendrtures shall be nnencec by (he Government or by the A1d Fund for Farmers under the law on aid fund for farmers Section 5.(8) Any person who exports rubber shall make 81d contrjounon in accordance with the rules, procedure, conditions and rate of aid contr-ibutron notmed by the MInIster mtheGovernment 6azette In prescrtbmq the rateofaid contnoutron, prtor aporoval ofthe CouncIl of MInlsters shall beobtemed In pre....<::Crlbmg therateof aid contrlbuhon under oaragraph one, theamount ofald conmounon to be pald by toe Rubner Replanting AId Fund each year and the rate of theexport tarIff under the law on customs tarIff imposed on the export of rubber snail also be taken as prmciples for conslderatlon by regardmg the rateper one l<ilogram of ruboer ascntencn In caleulatmg the amount of 81d contrtbution to be pSld by the person under paragrap~ one. lf the treenon of the weIght of rubber exceeds a half lologram, the 81d contributan shall be calculated on thebests of one iologram of rubber It the frection thereof 1S lessthan a half 1<1logram. tt shall netbe taken for calculenon TIle ruboer ofnot more than nvekllograms exported as sample or rubber of any weIght exported by a rnmstrv, Sub- rnmstrv or Department for any ncn-commerciet purpose shall beexempted from makIng aldcomr-ibunon sectien 6 The MInister shall have the power to suspend, by notlflcatlOn 10 the Government Gazette, thecollection of ald contrtbetmn from rubber exporters who are lieble to pay under section 5 for any specmed pemod as deemeo expedient, provIded that thecollecnon may be suspended for allor only certam kmds of rubber 5ectlon 7 'The ale! rontrlbut'on rollectecl under secnon 5 shall betransferred to the Rubber Replantmg Ald Fund and used In theecnvmes soecmcallv provIded 10 thisAct (7) /J.s added by section 5, 1bld (6) As amended by section 3 of theRubber RepTantmgAld Fund Act (No 4), BE 2530 (1987) I , I I I I i I I J II , I l I I I I 390090 4 sectten 8 A person to benefrt from the 81d ~nder trns Act must be a rubber plantatlon owner wlth rubber treesover twenty five years old or decayed ana damaged rubber trees or tl10se WhICh gwe nttle Yield The sidshall be In theform ofreplantmg and may consist ofother forms'ofaidfor the purpose of replantmg, by means ofdlstrlbutmg hlgll Yleldmg rubber ve-ienes, perenmal plant ver-ieties, seed crops, fertlhsers, tools and eqaipment, or provldmg other servtces or paymg cash to rubber plentetton owners' :Jrovlded that any form or forms of81d may be gwen ~hon 9 (91 There sha1' be a Board to conduct the actWlties of the Rubber Replantmg ,~Id Fund called "6 RA" m brIef consisttnq of the Mlmster of AgrIculture and Cooper8twes 01'" aDeputy MlmsterafAgr'lcultur-e and Cooperatwes entrusted bythe Mln\ster of Agrlculture and CooperatlVes as Chalrman, the Permanent Secretary of the Mlmstry of Agrlcultureand Cooperatwes asVice-Chalrman 1 the secretary-Genera1ofthe Natlana1Economtc and SocIal Development Board, the Dtreelor of the BUdget Bureau, the DIrector-General of the Department ofAgrlculture, the Dlrector-General of the Department ofAgrlcultural ExtenslOn,, the Drrector-eeneral orthe Customs Department, the Dlrector ortne Rubber Research tnstrtute, Department of Agrlculture as members and not more than 81;( other members appomted by the Councllof Mlmsters from four rubber plantation owners and from two other persons who have interest 10 the rubber eettvrnes The Dlrector shall be member and secretary sectlon 10( 0) Amember appomted by the Councll ofMmlstersshall hold offlce for a term oftwo years In the case where a member appomted by theCOuncll of Mlnlsters vacates off1ce before the expiratlon of h1S term or 10 the case where the Councll of Mlnlsters appoints an addltmnal member during the term of the members already eppomteo, the person appomted to replace rum orapPOlmed asan a(fchhonal member shall hold offlce for the remammg term of the members already' appointed At the expirenon of the term under paragraph one, If new members have not yet been eppointed, the outgomg members whose terms of offIce have exmred shall be 10 offlce to contmue toperform their- dutles until thenew members assume thelr duties ,A, member who vacates ornce at the expn-etion ofhis term may be re-eopomted (1]),(10) Asamenclecl by section 4 I 1bld t 1 \ i :1 I , 1 I I I J I I I 1 I I • I • I 1 1 I I I I I .. ! • I l I I I I I 1 I I I I I t j . 390091 5 SectlOn 11 (11) In addltion to vacating offlce at the exptrstion of the term under sectloo 10, a member appomted by theCouncll ofMlmstersvacates offlce upon (1) cIooth, en res1gnatlOn, (3) bemg removed by theresolution of theCouncil ofMlnlst8rs, ( 4) bemg abankrupt, (5) bemg an incompetent or qaesr-mcornpetent person, (6) being lmprlsoned by a fmal judgment or lawful order to 8 term of lmprlS{)nment except for an offence committed through neghgence or a petty offence, (7) givmg up ownership In the rubber plantatlon or bemg a person who has no mterest 10 the rubber ecnvines section 12.( 2 ) At a meetmq of the Board, thepresence ot not less than one-half of the total number of members 1$ required to constrtute a Quorum If the Chalrmsl'l 15 not present at the meetmg or 15 unable toperform hrs rluty, the V1ce-Chalrman shall preside over themeetmg If theChairman and Vlce-Chcnrman are not present at the meetmg or are unable to perform their duties, themeetmg shall elect one member to preeios over It The declslon ofthemeetmg shall be by mCIJonty of votes Each member shall have one vote In case of an equallty of votes, the person pres1dmg over the meetmg shall have an addItIonal vote as the castmg vote Sectlon 13 (13) The Board shall have the powers and dutles to exercise general supervision of theecnvrtiee of theRubber Replantlng A1d fund and shell, In partlcular, have the powers and dutles asfollows ( 1) toconduct the rubber replantmg ald ecnvrues, (2) to rssue r8gUlatlOns or rules on the edmtrnstreuon and fmance for lmplementmg therubber replantmg 81d, (3) to issue regulatlOns on recrurtment, appomtment removal from otnce, mcrease or cuttmg or reoocnon of salaries, dlsClplmary measures, as well as prescr1bmg posmon clessmeeuoo, salal"y scales, wages, travellmg expenses) per diem, accommodatlon alloflences, compensetron and other remunerations, (4) to Issue regulations on umforms of ~fflclals (11) As amended by seenon 4, lbld (12) As amended bv section 5, lbld (13) As amended by section 6, ilnd ! f f I . 390092 ' l j I j j 6 The Board may entrust anyone or more of rts powers and duties tothe DIrector to carryout by prescrIbing 10 a regulation or rule under (2) 5ectlon 14 ( 14) The ChaIrman, members and secretary of the Board shall receive meetmg allowances and other remuneratlons 10 accordance wIth the rules prescrtbed by the CouncIl ofMmrsters section 15 (15) The Board shall, with the approval of the ceuncn or rnnisters, appomt and remove theDIrector, and determme hIS salary The DIrector shall receive other remunerationa to WhIch an offictal of theOfflce ofRubber Replantmg AId Fund 15entitled . . secnon 16 Tne D1rector shall have the powers and dunes to conduct ectwtnes 10 accordance wlth resolutions ofthe Board and 1S the superIor offlClal ofallofflclals When the Dlrector 1$ unable to perform h1S duties, the Board shell appomt a person the actmg Dlr-ector The ac.tmg D1rector shall have the same powers and daties as the DIrector except thepowers and dutles of theDIrector in thecapacity at' member section 17 1n respect of Its external reletions, the Dlrector shall be representatwe of the Ruober Replantmg AId Fund and, for this purpose, may delegate hIS e authorlty to any person to perform any acton tns behalf WIth the approval ofthe Board section 18(16) Every 81d year, the Board shall allocate the ald contrtbutlon collected under seeuon 5 as follows ( t) Not more than fwe percent to be gwen by mstalments 10 accordance wrth the rules and procedure prescribed by the Mlnlster to the Department ofAgr1culture for fmancmg theresearch and exper-iment m connectJon WIth rubber ectwmes for the sole beneflt ofthe rubber plentenon owners The proceeds alloceted tothe Department of Agrlculture shall not be regarded as revenue under thelawon bUdgetary procedure (14). (15) As amended by section 6, itnd (t6) As amended by seenon 7 I itnd I, I i i ! ( \ 1 I l I I 390093 7 (2) Not more than ten percent asoperatlonal expenses for the rubber replantmg alduftheOfflceofthe Rubber Replantmg Ald Fund. Ifthe proceeds are msufflcient for thesald works, the Government shall prov1de an a<i:fltlOnal appropnatlOns 10 the annual budget, asmay be deemed necessary (3) "The balance afterdeductlOn of ( , ) and (2) 1S to be entlrely allocated towards the atd of rubber plantahon owners under tms Act and rna'i not be expended for any other purposes. Ifthere 15 trtnt of the 81dcontributton collected under secuon 5, the Board shall allocate rt asoperatlonal expenses tn addltlon to theamount already allocated under (2) as may be deemed necessary, the balance, If any, shall be added to the allocated amount at ald for the rubber plentatcn owners in ensumg aId year Ifany amount of theaid allocated to the rubber plentation owners under (3) is left over durmg any aid veer, rt shan be added to the allocated amount of ald for the rubber plantation owners under (3) in theensumg aid year section 19 The ald centnoution allocated for aId to the rubber plantation owners under section 18 (3) shall be dlstrlbuted each 'year to them accordmg to the types of thelr plentettons as fttl10ws Large plantatlOns ten per cent Medium plentanons twenty parcent Small plantatIons seventy percent If the aid contrtbunon expended to any type of plentenons 1S less than the distr-ibuted amount, the Boord shall have thepower to distnnutethe balance .oraddltlonal etd to theother types of plantat1ons. In ttus case, the rateofaldcontrlQutmn' prescnbed above shaH not apply Owners c1f thesame type of rubber plentanons may receive unequal 61d or may receive 11 at dIfferent tunes or may not receive It at an for this purpose, the Board shaH allocate accordmg to the amount of 81doontrrbunon avaIlable and to take into account themutual benef1t to be derwed from the mcreesec yIeld from rubber trees Tile fact that any rubber plantatlon owner does I10t recewe the ald under the preeeamg paragr-aph shall not deprIve lnrn ofthe rIght thereto inthefollowmg years Sectron 20 Any rubber plantatlon owner who wlshes toapplyfor 81d under trus Act. shall make an apphcenon to the aid offlclal of the locahty where the rubber plentetion 15 situeted in accordanCe wlth the forms and procedure prescrtbed mthe Mmlsterlal Regulatlon., 39003-i 8 In thecase where an appllcant foraid lS a rubber planter on leased land or on land belongmg to someone else, theapphcant must satisfy tne81d offlclal thatthe lessor or owner of theland has gwen approval for theapP~lcation for 81d For the purpose of exam mation In the grantmg of 81d by the Board, the 61d rectpient must provlde fac1l1tl8S and comply 'tilth oroers of the Board or offlclals as deemed necessary section 21 {17} An owner of a rubber plantatlOn conslstmg of a smgle plot ofland of not more than nrteen RBJ or of plots of land ofnot more than frfteen RBI altogether may apply for 61d m plantmg h1gh y1eldmg rubber varietles In a new plot of land of frfteen RlJ; or upward tnsteed of replantmg the orlgmal plots. butthe amount of 81d tobe gwen shaH beequal to that toWhlCh the OI"lg1Oal plentetion 15entitled secnon 21 bts (8) For the purpose of promotmg the plantmg of high yteldmg rubber ver-tenes, 10 the case where a person who has not had a rubber plentetion oefore and owns theland ofnot lessthan two RaJ wlshes toapp1y for thealo, heshaH submlt an eppneenon to the Offlce of the Rubber Replantmg AId Fund m accordance With the forms and procedure prescribed in the Mlmstenal RegulatlOn In unplementinq the 81d under paragraph one, thecontnbutien shall be made out ofthesubs1mss, annual budget or loans provioed bytheGovernment The Board shall have the Dower toallocate the aid contr-ibution to eacll eppheent under paragraph one for not more than nfteen ReI 10 accordance WIth therules, procedure and conditions presented by the Mlnlster with the advice of the Board and pubhshed in the Government Gazette The provisions ofsection 22 and section 23 shall apply mutatis mutandlS to theend recipient under this section In the case where the epphcent under paragraph one does not receive the eid, it shall not deprwe him ofthe rlght thereto In thefollowmg years section 22 If a rubber plantahon owner recelvmg atd under thts /1o£t does not comply Wlth or violetes a Mmlstenal Regulatlon, rule, regulatlOn or order of the Board or J offlclal under tmsAct, the Board shall have the power to order the suspension of the 81d (17) ,'-\5 amended by secnon 5 of the Rubber ReplantlngAld Fund Act (No 2), BE 2505 ( 1962) (18) AS edcIed by section 8 ofthe Rubber- Replaotmg AId fund Act (No 4), BE 2530 ( 1987) I I r I . 390035 I I I, i I j ! \ I l I I t I .~ I I 9 SectlOn'23 The eid contnbunon received by the rubber plentanon owner under tmsAct shall be exempted from any tax, duty and fee section 24 For the execution OfU11S Act, the members of the Board. BId offICIals and persons bemg authorized in wrttmgby theBoard shall have thepower asfollows ( 1) toenter a rubber plaatenon where the owner apphesforeid or land adjOlmng thereto for exemiretion end survey. (2) to issue a wrttten order reqUlrlng the rubber nlentenon owner Who appl1es for 81dor any person reasonably believed to be able toglVe any statement of fact WhlCh15111<ely to be benencial to the execution ofthts Act togwe statement, (3) to issue a written order reqUlrmg the person m (2) to suormt or produce any document reasonably behaved to be beneflC1al to the execuhon of this Act 5ectlon 25 (t9) W,thln one hundred and twenty days after the end of PNery ald year I the Boord shall draw up a balance sheet showmg the fmenciel statement certmed by the Office of the AUditor-General and submIt areport on the results ofrts performance of ecnvittes to the MTnlster The Mlmster shall have the balance sheet and the report 10 the preceding paragraph pubhshed tn the eovemment Gazette wrthout delay seenon 26 Any person who ooes any act in order to evade payment of 8ld contr-ibution under section 5 Of' topay less than the amount which should be paid, shall be lteble tounprreonment for a term not exceedmq SlX months or to enne notexceedmg ten tunes the 81d centntamen inarrears but not less than one thousand Baht or to both The nne under this section shall be regarded as 81d contr-tbution collected under secnen 5 and shall be transferred tothe Rubber Replantmg Ald Fund S'BCtl0n 27 A per&l!1 who obstructs or falls to render f~111t1es to a member of the Board, aid offlclal or person authorlzed bythe Board to act under section 24 ( 1)I or fallsto comply with a written order lSSUed by such persons under sectien 24 (2) or (3). shall be 11able to impneonment for a term not eXceedmg ten days or to a nne not exceedmq nve hundred Baht or to both (19) Asamel'lcled bv secnon 6 of the Rubber ReplantmgAld FundActCNo 2), BE 2505 (1952) 0, /0 390096 10 S5ctlcn 2U ;he M1n1ster ofAgr1culture and Cooperatwss shall have charge and control of the execuhon of thts Act and shan trove t\l~ jJG't',ler to sppcint61d offlclals and issue M10lstenal Regulabons for the execution ofttns Act suen Mmlsterlal Regulatlons shall coma into force upon their puohcenon m the eovernment 6a'lette Counterslgned by FIeld Marshal S DhanaraJ8ta PruneMlfllster . Gertlfied correcttrenslenon /----7-)! r [- '", I ~lt~~.L t..,."...",.."(...",JL<.- . I- ./1 I '(Rongphol Charoenphandhu) Offlce of the Jurlo1csl ceuncrt (Office oftheCouncIl ofState) , t \ I I I 1 I i I t ! I I