Page:พรบ วิ ปกครอง ๒๕๓๙ (๐๑).pdf/16

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Volume 113, Issue 60A
Page 16
Royal Gazette

14 November 2539

ficiary has not utilised or received the benefit from the said administrative order and failure to revoke it would damage the public interest;

(5)there might be serious damage to the public interest or to the people, which needs to be prevented or eliminated.

In the case that an administrative order is revoked for the cause under paragraph 2(3), (4), or (5), the beneficiary has the right to be compensated for the damage accruing from the honest belief in the continued existence of the administrative order, and section 52 shall apply mutatis mutandis.

In the following cases, a lawful administrative order which provides for money or for divisible property or benefit may be revoked in whole or in part, whether with or without retroactive effect or with effect for the future up to any time as may be designated:

(1)the objectives of the administrative order have not been implemented or have been implemented in a delayed manner;

(2)the beneficiary failed to fulfil the conditions of the administrative order or fulfilled them in a delayed manner.

In this respect, the dispositions of section 51 shall apply mutatis mutandis.


Section54.In the following cases, the authority may, upon application by a participant, revoke or amend an administrative order which has gone over the time limit for appeal according to Part 5:

(1)new evidence is obtained which would cause a material change to the facts conclusively established;

(2)the actual participants have not joined the administrative proceedings or have joined the previous proceedings but were unfairly deprived of the opportunity to participate therein;

(3)the authority has no power to make the administrative order in question;

(4)if the administrative act has been issued by virtue of any fact or law and the material parts of such fact or law have subsequently changed in a manner likely to favour the participant.