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APA Section 53 — Revocation of lawful orders
Administrative Procedure Act (พระราชบัญญัติวิธีปฏิบัติราชการทางปกครอง) — Section 53.
Plain-English Summary
A lawful order that confers no benefit may be revoked, with effect from the revocation or for the future, unless a like order would have to be made again or revocation is otherwise impossible, with third parties' interests considered. Under paragraph 2, a lawful benefit-conferring order may be revoked, with effect from the revocation or for the future, where (1) a law or a reservation in the order allows it; (2) the beneficiary fails to perform a condition in time; (3) facts or circumstances change so that the official would not have made the order and not revoking would harm the public interest; (4) the law changes, and then only as far as the benefit has not yet been used or received; or (5) serious harm to the public interest or the public must be prevented. For grounds (3), (4) and (5) the beneficiary may claim compensation for good-faith reliance under Section 52. Paragraph 4 separately allows revocation of orders giving money, property or divisible benefits (including with retroactive effect, applying Section 51) where the order's purpose was not carried out or was carried out late, or the beneficiary failed or delayed in meeting its conditions.
Official Text
Official Thai text at the Royal Gazette / Office of the Council of State. Translation summary only.
Consult official sourceParent Statute
Administrative Procedure Act
พระราชบัญญัติวิธีปฏิบัติราชการทางปกครอง · B.E. 2539 (1996)
The Administrative Procedure Act B.E. 2539 (1996) sets minimum procedural standards for Thai administrative decision-making. It establishes the right to be heard before an adverse order, the duty to give reasons, notification of orders, internal appeal, revocation of orders and, since Act (No. 3) B.E. 2562 (2019), administrative enforcement. Combined with the Administrative Court Act, it provides the framework for administrative due process.
The summary above is a plain-English educational paraphrase of Section 53 of the Administrative Procedure Act. It is not an authoritative translation. For the binding Thai text, consult the Royal Gazette or the Office of the Council of State. Educational use only — not a substitute for advice from a Thai-qualified lawyer.
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