Loi sur les monuments antiques, antiquités, objets d'art et musées nationaux B.E 2504 (1961), Thaïlande, WIPO Lex

Texte(s) princip(al)(aux)

Anglais Law on Ancient Monuments, Antiques, Objects of Art and National Museums B.E. 2504 (1961)

ACT ON ANCIENT MONUMENTS, ANTIQUES,

OBJECTS OF ART AND NATIONAL MUSEUMS,

B.E. 2504 ;: I C) l~ J

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commercial purposes, with acknowledgement of UNESCO Cultural Heritage Laws Database as the source (© UNESCO).

ACT ON ANClENT MONUMENTS, ANTIQUES, OBJECTS OF ART AND NATIONAL MUSEUMS,

B.E. 2504

BHUMlBOL ADULYADEJ, REX.

Given on the 2nd day of August, B.E. 2504; ~. Being the 16th Year of the Present Reign.

./ ~, { i

His Majesty King Bhumibol Adulyadej has been graciously pleased to proclaim that:

Whereas it is expedient to revise the law on ancient monuments, antiques, objects of art and national museums;

Bc it, therefore, enacted by the King, by and with the advice and consent of the Constituent Assembly acting as National Assembly, as follows:

Section 1 This Act shall be called the "Act on Ancient Monumenls, Antiqnes, Objects nf Art and National Museums, B.E. 2504."

Section 2 This Act shall come into force after the expiration of thirty days from the date of its publication in the Government Gazette.'

Section 3 The following shall be repealed: ( I ) The Act on Ancient Monuments, Objects of Art, Antiques and

National Museums, B.E. 2477; and (2) The Act on Ancient Monuments, Objects of Art, Antiques and

National Museums (No. 2), B.E. 2486. All other laws, rules and regulations in so far as they are already provided

by this Act, or are contrary to or inconsistent with the provisions of this Act shall be replaced by this Act.

Section 4 In this Act: "Ancient MOllument" means an immovable property which, by its age

or architectural characteristics or historical evidence, is useful in the field of art, history or archaeology;

* Published in Lhe Government Gazette, Vol. 78, No. 66. Dated AuguSl 29, RE. 2504 (1961 ). -.,.

commercial purposes, with acknowledgement of UNESCO Cultural Heritage Laws Database as the source (© UNESCO).

"Antique" means an archaic movable property, whether produced by man or by nature, or being any part of ancient monument or of human skeleton or animal carcass which, by its age or characteristics of production or historical evidence, is useful in the field of art, history or archaeology;

"Ohject of Art" means a thing produced by crnftmanship which is appreciated as being valuable in the field of art;

"'Competent official" means the person appointed by the Minister for the execution of this Act;

"Director-General" means the Director-General of the Department of Fine Arts;

"A1illister" means the Minister taking charge and control of the execution of this Act.

Section 5 The Director-General may, in regard to the issuance of permit or licence by him under this Act, entrust the Provincial Governor of any locality to act on his behalf in such locality. Such entrustment shall be published in the Government Gazette.

After the publication of entrustment of authority to the Provincial Governor of any locality according to the foregoing paragraph, the application for permit or licence shall be filed with the Provincial Governor of such locality. The order granting or refusing the permit or licence made by the Provincial Governor under this Section shall be deemed the order of the Director-General.

Section 6 The Minister of Education shall take charge and control of the execution of this Act, and shall have the power to appoint competent officials and to issue Ministerial Regulations for the execution of this Act.

Such Ministerial Regulations shall become effective upon their publication in the Government Gazette.

Chapter 1

Ancient IVlonuments

Section 7 The Director-General shall, for the purpose of keeping, maintaining and controlling ancient monuments under this Act, have the power to cause any ancient monument as he thinks fit to be registered by means of publication in the Government Gazette, and to determine such area of land as he thinks fit to be its compound, which area shall also be considered as ancient monument. Cancellation and modification of the same may likewise be made in the Government Gazette.

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commercial purposes, with acknowledgement of UNESCO Cultural Heritage Laws Database as the source (© UNESCO).

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If the ancient monument to be registered under the foregoing paragraph is owned or lawfully possessed by any person, the Director-General shall notify in writing the owner or possessor thereof. The owner or possessor if not satisfied therewith, shall be entitled within thirty days from the date of his beiog aware of the Director-General's notification to apply for an order of the Court requiring the Director-General to stop registration and/or determination of such area of land as ancient monument, as the case may be. If the owner or possessor fails to apply for the order of the Court or the Court gives, when the case is final, the order rejecting the application, the Director-General shall proceed with the registration.

Section 8 All ancient monuments listed and published in the Govern- ment Gazette by the Director-General under the law on ancient monuments, objects of art, antiques and national museums before the day of the coming into force of this Act shall also be taken as registered ancient monuments under this Act.

Section 9 In case the registered ancient monument owned and lawfully possessed by any person is deteriorating, dilapidating or being damaged by any means whatsoever. the owner or possessor thereof shall inform the Director-General of the deterioration, dilapidation or damage within thirty days from the date of his being aware of its occurencc.

Section 10 No person shall repair, modify, alter any ancient monument or excavate for anything within the compound of ancient monument, except by order of the Director-General, or permit has been obtained from the Director-General. If the permit contains any conditions, they have to be complied with.

Section 11 The Director-General shall have the power in regard to any registered ancient monument, even owned or lawfully possessed by any individual, to order the competent official or any person to make a repair or to do whatsoever for its restoration or for the preservation of its original condition; provided that its owner or possessor has first to be notified thereof.

Section 12 In case of transfer of registered ancient monument, the transferor has to give the Director-General within thirty days from the date of transfer a written information specifying the transferee's name and residence as well as the date of transfcr.

The person who acquires ownership of a registered ancient monument by inheritance or by will has to inform the Director-General of such acquisition wHhin sixty days from the date of the acquisition. In case there are many persons acquiring ownership of the same ancient monument and one of the co-owners, who is entrusted to give information of the acquisition of ownership, has given the information within the said period, it shall be taken that all co-owners have given such information.

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commercial purposes, with acknowledgement of UNESCO Cultural Heritage Laws Database as the source (© UNESCO).

Section 13 The Minister shall, when it is deemed appropriate for preserving the condition or tidiness of the registered ancient monument, have the power to issue a Ministerial Regulation on conduct of visitors during their visit; and, particularly with regard to ancient monument not owned or lawfully possessed by any individual, to fix admission fee not exceeding thirty baltl a time.

Thc detcrmination under the foregoing paragraph may similarly or dilTerently be made for every or for certain ancient monuments.

Chapter 2 .

Antiqucs nnd Objects of Art

Section 14 The Director-General is empowered, if he deems that any antique or object of art not being in the posscssion of the Department of Fine Arts is of special value in the field of art, history or archaeology, to cause such antique or object of art to be registered by means of publication in the Government Gazette.

Section 15 No person shall repair, modify or alter any registered antique or object of art, unless permit has been obtained from the Director-General. If the permit contains any conditions, they have to be complied with.

Section 16 In case any registered antique or object of art is deterio- rating, dilapidating, damaged or lost, the possessor of such antique or object of 3rt shall inform the Director-General of the deterioration, dilapidation, damage or loss within thirty days from the date of his being aware of such Qccurencc.

Section 17 In case of transfer of any registered antique or object of art, the transferor has to give the Director-General within thirty days from the date of transfer a written information specifying the transferee's name and residence as well as the date of transfer.

The person who acquires ownership of a registered antique or object of art by inheritance or by will has to inform the Director-General of such acquisition within sixty days from the date of the acquisition. In case there are many persons acquiring ownership of the same antique or object of art and onc of the co-owners, who is entrusted to give information of the acquisition of ownership, has given the information within the said period, it shall be taken that all co-owners have given such

information.

Section 18 Antiques or objects of art which are State's property and under custody and care of the Department of Fine Arts are inalienable, except by virtue of law. However, if the Dumber of certain similar antiques or objects of art

•

commercial purposes, with acknowledgement of UNESCO Cultural Heritage Laws Database as the source (© UNESCO).

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is in excess of need, the Director-General may, subject to the approval of the Minister, transfer them by means of sale or exchange for the benefit of national museums or give them to the excavators as rewards or as consideration for their service.

Section 19 No person shall trade in antiques or objects of art nor shall he, as his regular business, display the same to the public for collecting admission fee, unless a licence has been obtained from the Director-General.

The application for and the granting of licence under the foregoing paragraph shall be made in the form prescribed by the Director-General.

In case the Director-General gives the order refusing to grant the application under paragraph one, the applicant is entitled to lodge an appeal against the Director- General's order to the Minister within thirty days from the date of his being aware of such refusal. The dicision of the Minister shall be final.

Section 20 The licensee for trading in antiques or objects of art or

for displaying the same to the public under Section 19 has to show such licence conspicuously in his place of business or place for display, and has to make a list in reality of the antiques and objects of art in his possession in the form prescribed by the Director-General, and keep such list respectively within such places.

Section 21 The competent official is empowered to enter any place of business or place for display of antiques or objects of art of any licensee under Section 19 for the purpose of inspection as to whether the licensee has complied with this Act or whether there is any antique or object of art, unlawfully acquired by any person, in possession of the licensee. The competent official shall have the power, for this purpose, to seize or attach any antique or object of art reasonably suspected of having been unlawfully acquired .

Section 22 No person shall export or take out of the Kingdom any antique or object of art irrespective of whether they arc registered or not, unless a licence has been obtained from the Director-General. The application for a licence and the licence itself shall be in the form prescribed by the Director-General.

The foregoing paragraph shall not apply to the sending of antique or object of art in transit.

The licensee for exporting or taking any antique or object of art out of the Kingdom has to pay fees as fixed by the Ministerial Regulations, such fecs shall not exceed those in the Schedule annexed to this Act.

Section 23 Any person being desirous of temporarily dispatching antique or object of art out of the Kingdom shall apply to the Director-General for a licence. In case the Director-General gives the order refusing to grant the application.

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commercial purposes, with acknowledgement of UNESCO Cultural Heritage Laws Database as the source (© UNESCO).

the applicant is entitled to lodge an appeal against such order of refusal to the Minister within thirty days from the date of his being aware nf such nrder. The decision of the Minister shall be final.

In case the Director-General deems appropriate or the Minister decides that a licence be issued to the applicant for temporarily dispatching antique or object of art out of the Kingdom, and the applicant has agreed to comply with the cooditions, , methods and requirements on deposit of security money and/or payment of penalties as prescribed in the Ivlinisterial Regulation relating thereto, the Director-General shall ~ accordingly issue a temporary licence to the applicant.

Section 24 Antique or object nf art, buried in or concealed or abandoned at any place under such circumstances that no one could claim to be the owner. and whether the place of burial or concealment or abandonment be owned or possessed by any person, shall become State's property. The finder of such antique or object of art has to deliver the same to the competent official, or administrative or police official under the Criminal Procedure Code. Such finder is entitled to a reward of one-third of the value of such property.

Chapter 3

National Museums

Section 25 There shall be national museums for keeping antiques or objects of art which arc State's property.

Any site on which a national museum is to be established or any place required to be a national museum as well as the cancellation of the status of national museum shall be published by the Minister in the Government Gazette.

National Museums existing on the day of the coming into force of this Act shall be national museums under this Act.

Section 26 Antiques and objects of art which are State's property under the custody and care of the Department of Fine Arts shall not be kept in other place than in the national museums. But in case it is impossible or unsuitable to keep them in the national museums they may, subject to the approval of the Minister, be kept in other place.

The provision of the foregoing paragraph shall not apply to the case of tempararily displaying antique or object of art at any place by permission of the Minister. or to the case of taking antique or object of art out of the national museums for repair by order of the Director-General.

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commercial purposes, with acknowledgement of UNESCO Cultural Heritage Laws Database as the source (© UNESCO).

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In case of plurality of similar pieces of antiques and objects of art, the Director-General may allow any Ministry, Dabuang or Department to keep some

pieces of them temporarily.

Section 27 The Minister is empowered to determine, as he thinks fit, that visitors to the national museums be subject to certain rules of conduct for the sake of good order or care of national museums during their visit. He may also fix the admission fee to be paid by visitors not exceeding thirty bait! a time.

The determination under the foregoing paragraph shall be made by Ministerial Regulations.

Chapter 4

Arch.eologic.1 Fund

Section 28 There shall be set lip • fund c.lIed "Archaeological Fuud " for the expenses of operation beneficial to ancient monuments or museum activity.

Section 29 The archaeological fund consists of:

( I ) money acquired under this Act; (2) monetary benefits accruing from ancient monuments; ( 3) donation in cash or property; ( 4) central fund or capital money which, under the law on ancient

monuments, objects of art, antiques and national museums, is at the disposal of the Department of Fine Arts on the day of the coming into force of this Act.

Section 30 The keeping and the payment of archaeological fund shall be made in compliance with rules prescribed by the Minister.

Chapter 5 Penalty

Section 31 Whoever finds any antique or object of art, which is buried in orconcealed or abandoned at any place under such circumstances that no person could claim to be its owner, and converts the same to himself or to other person, shall be punished with imprisonment not exceeding two years or with fine not exceeding fouf thousand baht, or both.

Section 32 Whoever damages, destroys or C~lUses depreciation in value to or makes useless any ancient monument, shall be punished with imprisonment not exceeding one year or with fine not exceeding two thousand baht, or both.

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commercial purposes, with acknowledgement of UNESCO Cultural Heritage Laws Database as the source (© UNESCO).

If the ancient monument so damaged, destroyed, depreciated in value or made useless is a registered one, the offender shall be punished with imprisonment of three months to five years and with fine not exceeding ten thousand ba/If.

Section 33 Whoever damages, destroys, or causes depreciation in value to or makes lost or useless any antique or object of art, shall be punished with imprison- ment not exceeding two years or with fine not exceeding four thousand baht, or both.

Section 34 Whoever violates Section 9, 12, 16, 17 or 20, or violates Ministerial Regulations issued under Section 13 or 27, shall be punished with imprisonment not exceeding one month or with fine not exceeding one thousand halrt, or both.

Section 35 Whoever violates Section 10, or violates the conditions imposed by the Director-General in the licence under Section 10, shall be punished with imprisonment not exceeding one year or with fine not exceeding two thousand bailt, or both.

Section 36 Whoever violates Section 15, or violates the conditions imposed by the Director-General in the licence under Section 15, shall be punished with imprisonment not exceeding one year or with fine not exceeding two thousand ba/If, or both.

Section 37 Whoever violates Section 19 paragraph one, shall be punished with imprisonment not exceeding six months or with fine not exceeding one thousand bailt, or both.

Section 38 Whoever exports, or takes out of the Kingdom any non- registered antique or object of art in violation of Section 22, shall be punished with imprisonment not exceeding one year or with fine not exceeding two thousand ba/1f, or both.

Section 39 Whoever exports, or takes out of the Kingdom any registered antique or object of art in violation of Section 22, sholl be punished with imprisonment of three months to five years and with fine not exceeding ten thousand ba/It.

Transitory Provisions

Section 40 Any person who, Oll the day of the coming into force of this Act, trades in antiques or objects of art or, as his regular business, displays the same to the public for collecting admission fee, shall apply to the Director-General for a licence to that effect within thirty days from the day of the coming into force of this Act.

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The provisions of Sections 19 and 20 shall not apply to the person who trades in antiques or objects of art or, as his regular business, displays the same to the public for collecting admission fec, and has applied for a licence in comformity with the foregoing paragraph, thus as from the day of the coming into force of this Act up to the day of receiving the licence.

Countersigned by:

Field Marsbal S. Dbanarajata

Prime kfinister.

Rates of fees for exporting 01' taking antitlucS or objects of art

out of tbe Kingdom

j. Antiques or objects of art which the Department of the Fine Arts deems as dated from Ayudhya and earlier periods, not exceeding two hundred bail! per piece.

2. Antiques or objects of art which the Department of Fine Arts deems as dated in the period later than Ayudhya period, not exceeding one hundred ba/a per piece.

commercial purposes, with acknowledgement of UNESCO Cultural Heritage Laws Database as the source (© UNESCO).

Ministerial Regulation

No. 1 (RE. 2504) issued under the Act on Ancient Monuments, Antiques,

Objects of Art and National Museums, RE. 2504*

By virtue of Sections 6 and 13 of the Act on Ancient Monuments, Antiques, Objects of Art and National Museums, B.E. 2504, the Minister of Education, hereby, issues a Ministerial Regulation, as follows:

Visitors to any registered ancient monument must refrain from:

( I ) displacing or removing things within the compound of ancient monument;

(2) scratching, writing or by any manner causing to appear any inscription, picture or trace on any part of ancient monument;

( 3) doing any act causing deterioration or damage to any ancient monument;

( 4) throwing or discharging refuses or filth in any place within the compound of ancient monument other than places provided for such purpose.

Given on the 28th day of September, B. E. 2504.

M.L. Pin Malakul

Millister DJ Education.

* Published in the Government Gazette, Vol. 78 No. 77. Dated September 30, RE. 2504 (]961 ). -10-

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commercial purposes, with acknowledgement of UNESCO Cultural Heritage Laws Database as the source (© UNESCO).

Ministerial Regulation

No. 2 (RE. 2504) issued under the Act on Andent IVJonuments, Antiques, Objects of Art

and Natiooal Museums, B.E. 2504'

Visitors to the following ancient monuments shall pay admission fee of two baht per head on each visit:

( I ) Mural paintings in the cell of the pagoda of Wat Rachaburana, Amphur Phra Nakhorn Sri Aylldhya, Changwad Phra NaIchorn Sri Aylldhya;

( 2) Phimai Stone Sanctuary, Amphur Phimai, Changwad Nnkhorn Rajsima.

Given on the 28th day of September, B.E. 2504.

M.L. Plo Malakul

A1i11ister of Educatioll.

:;: Published in the Government Gnzette, Vol. 78 No. 77. Daled September 30, RE. 2504 ( 1961).

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Ministerial Regulation No. 3 (B.E.2504)

issued under the Act on Ancient Monuments, Antiques, Ohjects of Art and National Museums, RE. 2504*

By virtue of Sections 6 and 22 of the Act on Ancient Monuments, Antiques, Objects of Art and National Museums, B.E. 2504, the Minister of Education, hereby, issues a Ministerial Regulation, as follows;

The licensee for exporting or taking antiques or objects of art out of the Kingdom shall pay fees at the following rates:

( 1) antiques or objects of art which the Department of Fine Arts deems as dated from Sri Vichai and Thawarawadi (Dl'arul'ali) as well as earlier periods, two hundred ba/If per piece;

( 2) antiques or objects of art which the Department of Fine Arts deems as dated in Lopburi, Chieng Saen, U - thong or Sukhothai period, one hundred and filly ba/If per piece;

( 3) antiques or objects of art which the Department of Fine Arts deems as dated in Ayudhya period, one hundred ba/If per piece;

( 4) antiques or objects of art which the Department of Fine Arts deems as dated in the period later than Ayudhya period: ( a) those produced in Ratanakosin (Bangkok) period from the

reign of King Rama I to King Rama V, fifty ba/If per piece; ( b) those produced in Ratanakosin (Bangkok) period from the

reign of King Rama VI downwards, five ba/If per piece; ( 5) antiques or objects of art of the size of not exceeding three centimetres

wide and of not exceeding five centimetres long, which the Department of Fine Arts deems as dated in the period later than Ayudhya period and to be nf lesser value in the field of art, history or archaeology, one ba/If per piece;

( 6) fractions of antiques or objects of art of whatever period which the Department of Fine Arts deems to be of lesser value in the field of art, history or archaeology, one ba/If per piece.

Given on the 28th day of September, B.E. 2504. lVI.L. Pin Malakul

Jdi"isler of Education. >le Published in lhe Government Gazette, Vol. 78 No. 77. Dated September 30, RE. 2504 (1961).

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Ministerial Regulation No. 4 (RE. 2504)

issued under the Act on Ancient Monuments, Antiques, Objects of Art .nd N.tional Museums, B.E. 2504'

By virtue of Sections 6 and 23 of the Act on Ancient Monuments, Antiques, Objects of Art and National Museums, B.E. 2504, the Minister of Education, hereby, issues a Ministerial Regulation, as follows:

Articlc 1 Any person being desirous of temporarily dispatching or taking antiques or objects of art out of the Kingdom shaH file an application in writing with the Director-General for a licence, indicating the object and date of dispatching or taking out such antiqucs or objects of art and the date of their rcturn together with two copies of their photograph of the size of nine centimetres wide and sixteen centimetres long.

Article 2 If the Director-General dcems appropriate to grant a licence, he shall assess the value of such antiques or objects of art applied for being temporarily dispatched or taken out of the Kingdom, and demand for the deposit of a security money amounting to the assessed value.

Article 3 If the .ntiques or objecls of .rt applied for being temporarily dispatched or taken out of the Kingdom are not returned to the Kingdom within the fixed date, the security money shall be forfeited as penalty.

Given on the 28th day of September, B.E. 2504.

M.L. Pin Malalwl

Minister DJ Education.

* Published in the Government Gazette, VcL 78 No. 77. Dated September 30, RE. 2504 (1961).

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Ministerial Regulation

No. 5 (B.E. 2504) issued uuder the Act on Aucient Monumeuts, Antiques, Objects of Art

aud Natioual Museums, B.E. 2504*

By virtuc of Sections 6 and 27 of the Act on Ancient Monuments, Antiques, Objects of Art and National Museums, B.E. 2504, the Minister of Education, hereby, issues a Ministerial Regulation, as follows:

Visitors to national museums shall dress properly and refrain from:

( I ) bringing into the display-room of antiques and objects of art any package or thing capable of containing, covering, concealing or hiding objects out of the display-room;

(2) causing nuisance by any means whatever to the official or other visitors to the national museum;

( 3) touching or picking up of objects on disphiy in the national museum;

(4) smoking in the display-room of nntiques or objects of art;

( 5) scratching, writing, inscribing or causing dirtiness to the objects and buildings in the national museum;

( 6) taking photograph or drawing picture of the objects on display in the national museum without permission of the Director-General.

Given on the 28th day of September, B.E. 2504.

M.L. Pin MalakuI

Minister of Education.

* Published in the Government Gazette, Vcl. 78 No. 77. Dated September 30, RE. 2504 ( 1961 ).

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Ministerial Regulation No. 6 (B.E. 2504)

issued under tbe Act on Ancient Monumenls, Antiques, Objects of Art and National Museums, B.E. 2504'

By virtue of Sections 6 and 27 of the Act on Ancient Monuments, Antiques, Objects of Art and National Museums, B.E. 2504, the Minister of Education, hereby, issues a Ministerial Regulation, as follows:

Article 1 Visitors to the National Museum in Bangkok shall pay admission fee of five ba/a per head for each visit, except visit made on Sunday, festival days or such special occasion as the Director-General deems appropriate not to collect the admission fee.

Article 2 Visitors to the National Museums in Changwad Phra Nakorn Sri Ayudhya, Changwad Lopburi and Changwad Sukhothai shall pay admission fee of two ba/a per head for each visit made on Saturday and Sunday, except any Satnrday or Sunday falling on festival day or any such special occasion as the Director-General deems appropriate not to collect the admission fee.

Article 3 The following visitors to national museums shall be exempted from admission fee:

( I ) priests and novices;

(2) students in group under supervision of teacher, including the super- vising teacher;

( 3) under-graduates for whom educational institute or university has made contact for admission;

( 4) official guest to whom the Department of Fine Arts gives attendance.

Given on the 28th day of September, B.E. 2504. M.L. Pin Malakul

Minister of Education.

* Published in the Government Gazelle. Vo!. 78 No. 71. Dated September 30. RE. 2504 (1961 ).

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Loi sur les monuments antiques, antiquités, objets d'art et musées nationaux B.E 2504 (1961), Thaïlande

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