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STATE ADMINISTRATION ACT,

B.E. 2534 (1991)[1]

___________

 

BHUMIBOL ADULYADEJ, REX;

Given on the 21stDay of August B.E. 2534;

Being the 46thYear of the Present Reign.

 

                        His Majesty King BhumibolAdulyadej is graciously pleased to proclaim that:

                        Whereas it is expedient to revise the law on State administration;

                        Be it, therefore, enacted by the King, by and with the advice and consent of the National Legislative Assembly, as follows:

 

                        Section 1.This Act is called the “State Administration Act, B.E. 2534 (1991)”.

 

                        Section 2.[2]This Act shall come into force as from the day following the date of its publication in the Government Gazette.

 

                        Section 3.The following shall be repealed:

                        (1) Announcement of the Revolutionary Council No. 218, dated 29 September B.E. 2515 (1972);

                        (2) Announcement of the Revolutionary Council No. 310, dated 13 December B.E. 2515 (1972);

                        (3) Act Amending the Announcement of the Revolutionary Council No. 218, dated 29 September B.E. 2515 (1972), B.E. 2517 (1974);

                        (4) Act Amending the Announcement of the Revolutionary Council No. 218, dated 29 September B.E. 2515 (1972) (No. 2), B.E. 2517 (1974);

                        (5) Act Amending the Announcement of the Revolutionary Council No. 218, dated 29 September B.E. 2515 (1972) (No. 3), B.E. 2517 (1974);

                        (6) Act Amending the Announcement of the Revolutionary Council No. 218, dated 29 September B.E. 2515 (1972) (No. 4), B.E. 2519 (1976);

                        (7) Announcement of the Revolutionary Council No. 22, dated 8 November B.E. 2520 (1977);

                        (8)Act Amending the Announcement of the Revolutionary Council No. 218, dated 29 September B.E. 2515 (1972) (No. 5), B.E. 2522 (1979);

                        (9)Announcement of theNational Peace Keeping Council No. 48 on Amending the Announcement of the Revolutionary Council No. 218, dated 29 September B.E. 2515 (1972), dated 28 February B.E. 2534 (1991).

 

                        Section 3/1.[3]The administration under this Act shall be carried out for the well-beings of people,accomplishment of State affairs, effectiveness, worthiness for State affairs, streamlining of work process, reduction of workload and dissolutionof redundant agencies, distribution of work and resources to the local, decentralization of decision-making power, and facilitation and responses to the needs of people, as well as shall have persons responsible for outcomes of the work.

                        Budget allocation as well as recruitment and appointment of persons to hold positions or perform duties must be in line with the principles under paragraph one.

                        The government agencies shall apply the methods for good administration of State affairs in performing their duties, in particular to take into account the responsibilities of officers, involvement of people, disclosure of information,and monitoring and assessment of outcomes of the work, as appropriate for each task.

                        For the benefit of implementation to be in line with this section, a Royal Decreeprescribing criteria and working methods and orders for government agencies and civil servants may be enacted.

 

                        Section 4.The State Administration shall be divided as follows:

                        (1) Central Administration;

                        (2) Provincial Administration;

                        (3) Local Administration.

 

                        Section 5.Positions and rates of salary shall be specified for the various administrations under this Act, taking into account the quality and workload of that government agency.

                        Recruitment and appointment of persons for official positions shall be in accordance with the law.

 

                        Section 6.The Prime Minister shall have charge and control of the execution of this Act.

 

PART I

CENTRAL ADMINISTRATION

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                        Section 7.  The Central Administration shall consist of:

                        (1)theOffice of the Prime Minister;

                        (2)Ministriesor Ta-Buangs with status equivalent to Ministry;

                        (3) Ta-Buangs affiliated with the Office of the Prime Minister or Ministries;

                        (4) Departments or government agencies named otherwise with status equivalent to Department,either affiliated or non-affiliated with the Office of the Prime Minister, Ministries or Ta-Buangs.

                        The Office of the Prime Minister shall have equivalent status as Ministry.

                        The government agencies in (1) (2) (3) and (4) shall be a juristic person.

 

                        Section 8.[4]  Establishment, merger, or transfer of government agencies under section 7 shall be done by enactment of Act.

                        For anestablishment of Ta-Buangto be affiliated with the Office of the Prime Minister or a Ministry, details of the affiliation shall be indicated in the Act.

                        For anestablishment of Department or government agency named otherwise with status equivalent to Department, which is not affiliated with the Office of the Prime Minister, a Ministry, or aTa-Buang, details of the non-affiliation shall be indicated in the Act.

 

                        Section 8 bis.[5]  Merger or transfer of government agencies under section 7, whether resulting in setting up a new government agency or not but having no increase in positions or personnel numbers of civil servants or employees, shall be done by enactment of Royal Decree.

                        The Royal Decree under paragraph one shall specify, on a case-by-case basis, powers and duties of the government agency; the transfer of the legitimate powers and duties formerly held by that government agency or its officials; the transfer of civil servants and employees, budget and expenditure, including properties and debts.

                        The Office of the Civil Service Commission and the Bureau of the Budget shall have the duties to monitor that there is no increase in the positions or personnel numbers of civil servants or employees of the government agency newly established, merged, or transferred under paragraph one, until the expiration of three years as from the date the Royal Decree under paragraph one comes into effect.

 

                        Section 8 ter.[6]Any change ofnameof the government agencies under section 7, shall be done by enactment of Royal Decree. The Royal Decree shall also specify changes of the position titles of civil servants of that government agency, if any.

                        Any provision of laws, rules, regulations, by-laws, municipal laws or other local rules, announcements or other orders that make reference to the government agencies or positions of civil servants whose names and titlesare changed under paragraph one, shall be deemed as making reference to the name-changed government agencies or positions of civil servants.

 

                        Section 8 quater.[7]Dissolution of government agencies under section 7 shall be done by enactment of Royal Decree.

                        When the Royal Decree dissolving any government agency under paragraph one is in place, the remaining budget and expenditure of that government agency shall be discontinued.Its other properties shall be transferred to other government or State agencies, as specified by the Minister in charge of the Royal Decree under paragraph one with an approval of the Council of Ministers. Methods to manage the activities, rights, and obligations of that government agency shall be as specified in the Royal Decree.

                        The civil servants or employees, who are vacated from the civil service due to the dissolution of the positions as a consequence of the dissolution under paragraph one, shall be entitled to, apart from the legitimate welfare benefits already entitled to under other laws and regulations, the compensation in accordance with the criteria and methods as prescribed in the Royal Decree under paragraph one.

                        Any other government agency, State enterprise, or State agency, if desires, shall be able to take thetransferred civil servants or employees under paragraph three, and the latter shall not be deemed as vacated the civil service under paragraph three. Such process must be done within thirty days as from the date the Royal Decree under paragraph one comes into effect.

 

                        Section 8 quiquies.[8]The Royal Decree under section 8 bisor section 8 quarter, that has effect as amending or repealing the provisions of laws establishing government agencies, the law on reorganization of Ministry, Ta-buang, Department, or other relevant laws under section 230 paragraph five of the Constitution of the Kingdom of Thailand, shall clearly specify which and how provisions of laws are being amended or repealed.

 

                        Section 8 sexies.[9]The organization of the Office of the Minister, Departments, or government agencies named otherwise with status equivalent to Department, shall be done by issuance of Ministerial Regulation, specifying also powers and duties of each government agency.

                        The Ministers of the government agencies under paragraph one shall issue the Ministerial Regulation, which shall come into effect after its publication in the Government Gazette.

 

                        Section 8 septies.[10]The Office of the Civil Service Commission and the Bureau of the Budget shall jointly provide opinions to the Council of Ministers for the internal organization and in prescribing powers and duties of each government agency under section 8 sexies. In providing the opinions, the Office of the Civil Service Commission shall indicate the personnel numbersand the Bureau of the Budget shall allocate the budget to be conformed to the former, which shall then be submitted together at the same time.

           

                        Section 8 octies.[11]The organization of universities or institutions in the Ta-Buangof Universities shall be in accordance with the law on universities or that institution.

 

CHAPTER I

ORGANIZATION OF THE OFFICE OF THE PRIME MINISTER

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                        Section 9.The organization of the Office of the Prime Minister shall be in accordance with the law on reorganization of Ministry, Ta-buang, and Department.

                        The government agencies of the Office of the Prime Minister as specified in the law on reorganization of Ministry, Ta-buang, and Department, shall have status equivalent to Department.

                        The Office of the Prime Minister may set up an internal agency to be under direct supervision of the Prime Minister, with the duties to formulate policies and planning, oversee, accelerate, and monitor the civil service policies and work plans in accordance with the policies stipulated or approved by the Council of Ministers. For this purpose, the Prime Minister may order a Department or a government agency named otherwise with status equivalent to Department in the Office of the Prime Minister to perform those duties.

 

                        Section 10.The Office of the Prime Minister shall have the powers and duties as specified in the law on reorganization of Ministry, Ta-buang, and Department.

                        The Prime Minister shall be the Chief of the civil servants and responsible for formulating policies, goals, and work accomplishment in the Office of the Prime Minister to be in conformity with the policies addresses to the Parliament by the Council of Ministers, or those stipulated or approved by the Council of Ministers. There may be Deputy Prime Minister or Minister attached to the Office of the Prime Minister to assist in giving orders and performing functions.[12]

                        In case there is the Deputy Prime Minister or the Minister attached to the Office of the Prime Minister or both, the giving of orders andperforming of functions by them shall be done as assigned by the Prime Minister.[13]

                        During the period where the Council of Ministers must hold its office until the newly established Council of Ministers assumes its duties for the reason that the former Prime Minister being death,disqualified, sentenced by a judgment to a term of imprisonment; the House of the Representatives casts censure votes;the Constitutional Court decides that the Ministerial status of the Prime Minister is terminated; or the Senates casts votes to remove him or her from the office, the Council of Ministers shall assign one of the Deputy Prime Ministers to act for the Prime Minister. If there is no Deputy Prime Minister or if there is one but is unable to perform the duties, the Council of Ministers shall assign one of the Ministers to act for the Prime Minister.[14]

                        During the period where the Council of Ministers must hold its office until the newly established Council of Ministers assumes its duties, the former shall facilitate the heads of governments agencies to continue their operation as necessary, in order to take the guidance on the State affairs administration from the new Prime Minister and to prepare the course of implementation.[15]

 

                        Section 11.The Prime Minister, as the Head of Government, shall have the powers and duties as follows;

                        (1) to generally oversee the administration of State affairs; for this purpose, he or she may order the Central or Regional Administration, and government agencies having duties to regulate the Local Administration to clarify, provide opinions, or make reports on performance of work; in case of necessity, to suspend any performance of work that is inconsistent with the policies or resolutions of the Council of Ministers; and to order investigation of facts relevant to the performance of the Central, Regional and Local Administrations;

                        (2) toassign a Deputy Prime Minister to oversee the administration of one or severalMinistries or Ta-buangs;

                        (3)tobein charge of all executives of the Ministries, Ta-buangs, Departments or government agencies named otherwise with status equivalent to Department;

                        (4) to order secondment of civil servants from any Ministry, Ta-buang, or Department to the Office of the Prime Minister, whereby they may be continued or discontinued from the salary rate of their former affiliation; if case of the latter, they shall be entitled to the salary of the Office of the Prime Minister at the rate and level not higher than the formerly held;

                        (5) to appoint civil servants of one Ministry, Ta-buang, or Department to hold position in another Ministry, Ta-buang, or Department, by continuing to receive their salary from the former affiliation, in which case the appointed shall be deemed as being civil servants of the Ministry, Ta-buang, or Department they assume the office; however, an appointment of a Director-General or the equivalent shall be approved by the Council of Ministers;

                        (6)to appoint qualified persons to be Chairperson of the Advisory, Advisory,or a Group of Advisors to the Prime Minister, or committee members to perform any function; and to prescribe meeting allowance or remuneration for the persons appointed;

                        (7) toappoint political officials to perform functions in the Office of the Prime Minister;

                        (8) to issue Regulation for performing of duties in order to ensure that the State administration is speedy and effective, in so far as it is not contrary to or inconsistent with this Act or other laws;

                        (9)to perform any other functions in implementing the policies.

                        The Regulation under (8) shall be effective when the Council of Ministers grants an approval.

 

                        Section 12.In case the Prime Minister is the Chief of government agencies named otherwise with status equivalent to Department, but not affiliated with the Office of the Prime Minister or Ta-buang, the Prime Minister may assign a Deputy Prime Minister or a Minister attached to the Office of the Minister to act for him or her.

 

                        Section 13.The Secretariat of the Prime Minister shall have powers and duties relating to the political affairs, having the Secretary-General to the Prime Minister as the Chief of the civil servants as well as being responsible for the civil service and directly responsible to the Prime Minister. There shall be Deputy Secretary-General to the Prime Minister for Political Affairs and Deputy Secretary-General to the Prime Minister for Administrative Affairs to assist in giving orders and performing functions. There may be Assistant to the Secretary-General to the Prime Minister to assist in giving orders and performing functions.

                        The Secretary-General to the Prime Minister and the Deputy Secretary-General to the Prime Minister for Political Affairs shall be political officials, and the Deputy Secretary-General to the Prime Minister for Administrative Affairs and the Vice Secretary-General to the Prime Minister shall be ordinary civil servants.

 

                        Section 14.The Secretariat of the Council of Ministers shall have powers and duties relating to the civil service of the Council of Ministers, the Parliament, and His Majesty the King, having the Secretary-General to the Council of Ministers as the Chief of the civil servants and being responsible for the civil services and directly responsible to the Prime Minister. There shall be Deputy Secretary-General to the Council of Ministers to assist in giving orders and performing functions. There may be Vice Secretary-General to the Council of Ministers to assist in giving orders and performing functions.

                        The Secretary-General, the Deputy Secretary-General, and the Vice Secretary-General to the Council of Ministers shall be ordinary civil servants.

 

                        Section 15.[16]Within the Office of the Prime Minister, there may be an affiliated government agency beingunder direct supervision of the Prime Minister as specified in the law on reorganization of Ministry, Ta-buang, and Department.

 

                        Section 16.For the Office of the Prime Minister, in addition tothe Prime Minister, the Deputy Prime Minister, and the Minister attached to the Office of the Prime Minister, there shall be a Permanent Secretary of the Prime Minister Office, having powers and duties as follows:

                        (1)to regulate regular affairs of the Office of the Prime Minister; to formulate work plans and programmes for the Office of the Prime Minister; and to prioritize the annual work plans of thegovernment agencies affiliated with the Office of the Prime Minister to be in line with the policies set forth by the Prime Minister, including to oversee, accelerate, monitor and assess performance of the affiliated government agencies;

                        (2) to be the Chief of civil servants of the government agencies affiliated with the Office of the Prime Minister, secondary from the Prime Minister, the Deputy Prime Minister, and the Minister attached to the Office of the Prime Minister, except for the civil servants of the government agencies whose Chiefsare under direct supervision of the Prime Minister;

                        (3) to be the Chief of civil servants of the Office of the Permanent Secretary of the Prime Minister Office, and to be responsible forthe performance of the Office.

                        For the implementation of the civil service by the Permanent Secretary of the Prime Minister Office under paragraph one, there shall be Deputy Permanent Secretary of the Prime Minister Office to assist in giving orders and performing functions. There may also be Vice Permanent Secretary of the Prime Minister Office to assist in giving orders and performing functions.

                        In case there is the Deputy Permanent Secretary or the Vice Permanent Secretary of the Prime Minister Office, or both, the former or the latter shall be theChief of civil servants and responsible for the performance of work, secondary from the Permanent Secretary of the Prime Minister Office.

                        The Permanent Secretary, the Deputy Permanent Secretary, and the Vice Permanent Secretary of the Prime Minister Office shall be ordinary civil servants. The Deputy Permanent Secretary, the Vice Permanent Secretary of the Prime Minister Office, and persons holding positions named otherwise in the Office of the Permanent Secretary of the Prime Minister Office shall have the powers and duties as prescribed or assigned by the Permanent Secretary of the Prime Minister Office.

                        The provisions of section 19/1 shall apply mutatis mutandis to the work of the Office of the Prime Minister, in relation to the Office of the Permanent Secretary of the Prime Minister Officeand the government agencies not under direct supervision of the Prime Minister.[17]

 

                        Section 17.The Office of the Permanent Secretary of the Prime Minister Office shall have the powers and duties relating to the ordinary civil service of the Office of the Prime Minister and those that the Council of Minister does not assign to be duties of any one Department affiliated with the Office of the Prime Minister in particular, as well as to oversee and accelerate the work of the government agencies affiliated with the Office of the Prime Minister to be in line with the policies, plans, and programmes of work of the Office of the Prime Minister, except for those of the government agencies whose Chiefsare specified by law to be under direct supervision of the Prime Minister.

                        In case the Office of the Prime Minister has a Ta-buang affiliated with it and it is unsuitable to set up an Office of the Permanent Secretary for Ta-buang under section 25 paragraph three, the Office of the Permanent Secretary of the Prime Minister Office may also assume duties of the Office of the Permanent Secretary for Ta-buang.

 

CHAPTER 2

ADMINISTRATION OF MINISTRIES OR TA-BUANGS

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                        Section 18.The administration of Ministry shall consist of the following:

                        (1) Office of the Minister;

                        (2) Office of the Permanent Secretary;

                        (3) Departments or government agencies named otherwise, except if some Ministries consider unnecessary and do not divide their government agenciesto be set up as Departments.

                        The government agencies under (2) and those named otherwise under (3) shall have status equivalent to Department.

                        Any Ministry, ifdeems necessary to have a government agency to formulate policies and work plans, oversee, accelerate, and monitor its policies and programmes of work, may seek an approval of the Council of Ministers to set up a Policy and Planning Office as its affiliated government agency, to be under direct supervision of its Minister.

                        A Ministry may enact Royal Decree setting up government agencies to be responsible for any work, particularly those which do not have the status as Department but have a Director-General or a person holding position named otherwise being equivalent to Director-General as their Chief. In such case, the Director-General or theposition holder shall have the powers and duties over that government agency as a Director-General, as specified in the Royal Decree. The Ordinary Sub-Committee of Ministry shall act as the Ordinary Sub-Committee of Department for that government agency.[18]

                        The enactment of the Royal Decree under paragraph four shall be done in cases of dissolution, merger, or transfer of Departments of any Ministry to be set up as the government agency under paragraph four in that or other Ministry, without any increase in positions or personnel numbers of civil servants or employees. In such case, the provisions of section 8 bisand 8 quiquiesshall apply mutatis mutandis.[19]

                        For the appointment of the Directors-General or the persons holding positionsnamed otherwise of the government agencies under paragraph four, the Minister shall submit the matter for an approval of the Council of Ministers. Such position holders shall be senior officers in accordance with the Organic law on Anti-Corruption.[20]

                        Prior to granting approval to the draft Royal Decree setting up government agencies of any Ministry under paragraph four, the Prime Minister shall submit the draft to the House of Representatives and the Senate for information.[21]

                        The provisions under paragraph four, paragraph five, paragraph six, and paragraph seven shall apply mutatis mutandis to the Office of the Prime Minister and Ta-buang under Chapter 3.[22]

 

                        Section 19.[23]Ministries shall have the powers and duties as specified in the law on reorganization of Ministry, Ta-buang, and Department.

                        The administration of each Ministry shall be in accordance with the law on reorganization of Ministry, Ta-buang, and Department. The administration which relates to military and education affairs shall be in accordance with the lawsapplicable to them.

 

                        Section 19/1.[24]The Permanent Secretary, Heads of Clusters, and Chiefs of Departments and higher shall plan and coordinate activities to mutually utilize resources of various government agencies in that Ministry for the effectiveness, worthiness, and accomplishment of objectives of that Ministry.

                        For the benefit of the operation under paragraph one, the Chiefs of government agencies and the Heads of Clusters may resolve to take the granted budgets of each government agency for mutual utilization and spending.

 

                        Section 20.[25]  Subject to the provisions of section 11, in a Ministry, there shall be one Minister being the Chief of civil servants and responsible for formulating policies, goals, and work accomplishment of that Ministry to be in conformity with the policies addressed by the Council of Ministers before the Parliament or those specified or approved by the Council of Ministers. There may be Deputy Minister to assist in giving orders and performing functions.

                        In case there is the Deputy Minister, the giving of orders or performing of work by him or her shall be in accordance with those assigned by the Minister.

                        In case the Minister is the Chief of a government agency named otherwise with status equivalent to Department but not affiliated with any Ministry, the Minister may assign the Deputy Minister to act for him or her.

 

                        Section 21.[26]In a Ministry, there shall be one Permanent Secretary having the powers and duties as follows;

                        (1) to regulate regular civil service of the Ministry; to transform the policies to be plans and programmes of work; to oversee the work accomplishment of the government agencies in that Ministry; and to coordinate performance of work of the affiliated government agencies for unity and conformity, including to accelerate, monitor, and assess performance of the government agencies of that Ministry;

                        (2)to be the Chief of civil servants of the government agencies of the Ministry, secondary from the Minister;

                        (3) tobe the Chief of civil servants of the Office of the Permanent Secretary and to be responsible for the performance of work of the Office of the Permanent Secretary.

                        In performing the civil service by the Permanent Secretary under paragraph one, there may be a Deputy Permanent Secretary to assist in giving orders and performing functions as assigned by the Permanent Secretary.

                        Within a Ministry, a Ministerial Regulation may be issued to grouping two or more government agencies with status of Department to be under a Cluster. Each Cluster shall have a person holding positionof not lower than Director-Generalas the Chief of Cluster, being under direct supervision of the Permanent Secretary or the Ministeras specified in the Ministerial Regulation. In case being under direct supervision of the Minister, he or she must submit the work report to the Permanent Secretary as stipulated by the Ministerial Regulation.

                        In the same Cluster, the Chief may assign a government agency with status of Department to perform functions relating to archives, personnel, finance, inventory, or general management for the other government agencies under the same Cluster.

                        For any Ministry which does not set up a Cluster and has a lot ofworkload, there may be two Deputy Permanent Secretaries to assist in giving orders and performing functions.

                        In case any Ministry sets up the Cluster, there may be an additional Deputy Permanent Secretary to be the Chief of the Cluster. The powers and duties of the Permanent Secretary relating to civil service of the government agencies in that Cluster shall be the powers and duties of the Chief of the Cluster, except if specified otherwise in the Ministerial Regulation.

                        Any Ministry having higher workload and great necessity to have more Deputy Permanent Secretary than that specified in paragraph five or paragraph six, the Civil Service Commission and the Public Sector Development Commission may jointly grant an approval for that Ministry to have theadditional Deputy Permanent Secretary as a special case and may or may not specify conditions or period of time for that case.[27]

                        For the implementation of paragraph seven, the Public Sector Development Commission may hold a joint meeting, in which case not less than one-half of the committee members of each side must be present to constitute a quorum. In voting, a decision must be made by more than one-half of the members of each side present in meeting. It shall then submit the decision to the Council of Ministers for consideration.[28]

 

                        Section 22.The Office of the Minister shall have the powers and duties relating to political affairs, having the Secretary to the Minister who is a political official to be the Chief of civil servants, responsible for the performance of work of the Office of the Minister, and under direct supervision of the Minister. There may be one or more ViceSecretaries to the Minister, who are political officials, to assist in giving orders or acting for the Secretary to the Minister.

 

                        Section 23.The Office of the Permanent Secretary shall have the powers and duties relating to the regular civil service of the Ministry and those which the Council of Ministers does not assign to be duties of any Department affiliated with that Ministry in particular, including to oversee and accelerate the implementation of work of its government agencies to be in conformity with the work plans and programmes of that Ministry.

                        In case the Ministry has Ta-buang affiliated with it and it is unsuitable to set up an Office of the Permanent Secretary for Ta-buangin accordance with section 25 paragraph three, the Office of the Permanent Secretary may also performthe dutiesof the Office of the Permanent Secretary for Ta-buang.

 

                        Section 24.The administration ofTa-buang, which has status equivalent to Ministry, shall be done mutatis mutandis as the administration of Ministry as provided in section 18 to section 23.

 

CHAPTER 3

ADMINISTRATION OF TA-BUANGS BEING AFFILIATED WITH

THE OFFICE OF THE PRIME MINISTER, OR MINISTRIES

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                        Section 25.Any civil service, which by condition and workload is unsuitable to be set up as Ministry or Ta-buang with status equivalent to Ministry, may be set up as aTa-buang to be affiliated with the Office of the Prime Minister or Ministry, in order to have a Minister for Ta-buang to be the Chief of civil servants and responsible for the performance of work of that Ta-buang. The administration of Ta-buang shall consist of the following:

                        (1) Office of the Minister;

                        (2) Office of the Permanent Secretary for Ta-buang;

                        (3) Departments or government agencies named otherwise, except if some Ta-buangs considerunnecessary and do not divide their government agencies to be set up as Departments.

                        The government agencies under (2) and those named otherwise under (3) shall have status equivalent to Department.

                        In case the Office of the Prime Minister or a Ministry has Ta-buangas its affiliation and if the quantity and quality of civil service in that Ta-buang are not yet suitable for setting up of an Office of the Permanent Secretary for Ta-buang, the Office of the Permanent Secretary of the Prime Minister Office or the Office of the Permanent Secretary may also performs duties of the Office of the Permanent Secretary for Ta-buang.

 

                        Section 26.The administration of each Ta-buangshall be in accordance with the law on reorganization of Ministry, Ta-buang, and Department. The administration of the Ta-buangof Universities shall be in accordance with the laws applicable to it.

                        A Ta-buang shall have the powers and duties as specified by the law on reorganization of Ministry, Ta-buang, and Department.

 

                        Section 27.Subject to the provisions of section 11, in aTa-buang, there shall be one Minister for Ta-buangbeing the Chief of civil servants to formulate its policies to be in conformity with the policies specified or approved by the Council of Ministers, and being responsible for its performance of work. There may be Deputy Minister for Ta-buang to assist in giving orders and performing functions.

                        In case there is the Deputy Minister for Ta-buang, the giving of orders or performing of work by him or her shall be in accordance with those assigned by the Minister for Ta-buang.

                        In case the Ta-buang is affiliated with the Office of the Prime Minister or a Ministry, the Minister for Ta-buang shall perform the work under the supervision of the Prime Minister or the Minister, as the case may be.

 

                        Section 28.In a Ta-buang, apart from the Minister for Ta-buang and the Deputy Minister for Ta-buang, there shall be one Permanent Secretary for Ta-buang, having the powers and duties as follows;

                        (1) to regulate regular civil service of the Ta-buang; to formulate its plans and programmes of work; and to prioritize the annual work programmes of government agencies affiliated with it to be conformity with the policies specified by the Minister, including to oversee, accelerate, monitor, and assess performance of its government agencies;

                        (2)tobe the Chief of civil servants of the government agencies of that Ta-buang, secondary from the Minister;

                        (3) to be the Chief of civil servants of the Office of the Permanent Secretary for Ta-buang and to be responsible for the performance of work of the Office of the Permanent Secretary for Ta-buang.

                        In performing the civil service by the Permanent Secretary for Ta-buang under paragraph one, there may be a Deputy Permanent Secretary for Ta-buangto assist in giving orders and performing functions. There may also be a Vice Permanent Secretary for Ta-buang to assist in giving orders and performing functions.

                        In case there is the Deputy Permanent Secretary or the Vice Permanent Secretary for Ta-buang or both, the former or the latter shall be the Chief of civil servants and responsible for the performance of work, secondary from the Permanent Secretary for Ta-buang.

                        The Deputy Permanent Secretary,the Vice Permanent Secretary for Ta-buang, and a person holding position named otherwise in the Office of the Permanent Secretary for Ta-buangshall have the powers and duties as specified or assigned by the Permanent Secretary for Ta-buang.

                        In case the Permanent Secretary for Ta-buang must implement any laws, regulations, by-laws, or orders or resolutions of the Council of Ministers on any matter, if they do not mention about the powers of the Permanent Secretary for Ta-buang, he or she shall have the same powers as those of the Permanent Secretary.

                        In case the Office of the Permanent Secretary of the Prime Minister Office or the Office of the Permanent Secretary performs duties of the Office of the Permanent Secretary for Ta-buang, the Permanent Secretary of the Prime Minister Office or the Permanent Secretary shall perform the duties of the Permanent Secretary for Ta-buang.

 

                        Section 29.The Office of the Minister shall have the powers and duties relating to political affairs, having the Secretary to the Minister who is a political official to be the Chief of civil servants, responsible for the performance of work of the Office of the Minister, and under direct supervision of the Minister for Ta-buang. There may be one or more ViceSecretaries to the Minister, who are political officials, to assist in giving orders or acting for the Secretary to the Minister.

 

                        Section 30.The Office of the Permanent Secretary for Ta-buang shall have the powers and duties relating to regular civil service of the Ta-buang, and those which the Council of Ministers does not assign to be duties of any Department affiliated with that Ta-buang in particular, including to oversee and accelerate the implementation of work of its government agencies to be in conformity with the policies, plans, and work programmes of that Ta-buang.

 

CHAPTER 4

ADMINISTRATION OF DEPARMENT

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                        Section 31.The administration of Department which is or is not affiliated with the Office of the Prime Minister, a Ministry, or aTa-buang, may consist of the following:

                        (1) Secretariat to the Department;

                        (2) Divisions or government agencies, having status equivalent to Division, except if some Departments consider unnecessary and do not divide their government agencies to be set up as Divisions.

                        Any Department, if necessary, may divide its government agencies to be other government agencies apart from (1) or (2).

                        The Royal Thai Police may divide its government agencies as suitable to the police work.[29]

                       

                        Section 32.[30]  A Department shall have the powers and duties relating to the civil service of the Ministry as specified in the Ministerial Regulation administrating the Department or the law on the powers and duties of that Department.

                        In a Department, there shall be one Director-General to be the Chief of civil servants and responsible for the performance of work of the Department for its accomplishment as well as to be in conformity with the goals, plans, and work programmes of the Ministry. Should any other law specifically stipulate the powers and duties of the Director-General, the exercise of powers and implementation of duties under that law shall be done in consideration of the policies addressed by the Council of Ministers before the Parliament or specified or approved by the Council of Ministers, as well as the policies, plans, and work programmes of the Ministry.

                        In a Department, there may be Deputy Director-General to be the Chief of civil servant, secondary from the Director-General, and to assist the latter in performing his or her functions.

                        The Deputy Director-General shall have the powers and duties as specified or assigned by the Director-General.

 

                        Section 33.The Secretariat to the Department shall have the powers and duties relating to the regular affairs of the Department, and those that are not divided to be duties of any Division or government agencies in particular. The Secretary to the Department shall be the Chief of civil servants and responsible for the performance of work of the Secretariat to the Department.

                        The government agencies under section 31 paragraph one (2) and those under section 31 paragraph two shall have the powers and duties as specified to be their duties. Director of a Division, Head of a Division, or Head of government agency named otherwise with status equivalent to the Director or the Head of a Division, or the Head of government agency under section 31 paragraph two shall be the Chief of civil servants and responsible for the performance of work.

 

                        Section 34.Any Ministry, Ta-buang, or Department, if having extraordinary causes, may enact Royal Decree dividing into Khetin order to have a Head of government agencies of that Khetas may be named, to perform technical work.

                        The Head of government agencies for that Khet shall have the powers and duties as the taker of the policies and orders from the Ministries, Ta-buangs, or Departmentsto carry out thetechnical work, and be the Chief of civil servants of the Khet Office, which is affiliated with the Ministries, Ta-buangs, or Departments.

                        This provision shall not be applied to the division of Khet and the administration of command of the Police which are already specified by Royal Decree.[31]

 

                        Section 35.If condition and workload of any Ministry, Ta-buang, or Departmentis suitable to have an Inspector, the Ministry, Ta-buang, or Department shall be able to do so.

                        The Inspector for the Ministry, Ta-buang, or Department shall have the powers and duties to inspect and recommend performance of civil service relevant to that Ministry, Ta-buang, or Department to be in line with laws, regulations, or by-laws of the Ministry, Ta-buang, or Department, or resolutions of the Council of Ministers, or orders of the Prime Minister.

 

                        Section 36.A government agency named otherwise with status as Department may have Secretary-General, Director, or a position named otherwise equivalent to Permanent Secretary or Director-General, to be the Chief of civil servants and responsible for the performance of civil service of that government agency as specified by law. There may be Deputy Secretary-General, Deputy Director, or the deputy for the position named otherwise; or Vice Secretary-General, Vice Director, or the Vice for the position named otherwise; or having both Deputy and Vice Secretary-General, or both Deputy and Vice Director; or both the deputy and the vice for the position named otherwise, to be the Chief of civil servants and assist in performing civil service.

 

                        Section 37.The provisions in section 31, section 32, section 33, section 34, and section 35 shall apply mutatis mutandis to government agencies named otherwise with status as Department.

 

CHAPTER 5

ACTING FOR

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                        Section 38.[32]For the powers to issue orders, to grant permission or approval, to perform civil service, or any other functions that any person holding position should carry out or implement in accordance with any laws, rules, regulations, announcementsor orders, or resolutions of the Council of Ministers on that matter, the person holding position, if those laws, rules, regulations, announcements or orders, or resolutions of the Council of Ministers do not indicate otherwise or prohibit the authorization of powers, may authorize the powers to other person holding position in the same or other government agency, or to a Governor to be the acting for, in accordance with the criteria specified in Royal Decree.

                        The Royal Decree under paragraph one may indicate the authorization of powers in any one matter as well as to enter into a contract, to file a court case and prosecution, or specify criteria, methods, or conditionson the authorization of powers or the execution by the grantee.

                        The provision in paragraph one shall not apply to the power to grant permission specified by laws that require an issuance of a license or specifically identify authorized persons. In such case, the person holding position having such power under that particular law shall be able to authorize his or her subordinated civil servants and a Governor as deemed appropriate, or as specified by the Council of Ministers. In case of the authorization of power to the Governor, he or she shall be able to further authorize others in accordance with the criteria and conditions set forth by the grantor.

                        For the cases under paragraph three, for the benefit of provision of convenience to the public, a Royal Decree may be enacted to state a list of laws that the authorized persons holding positions may authorize the powersunder paragraph one in accordance with the criteria and conditions set forth in that Royal Decree.

                        The delegation of power shall be done in writing.

 

                        Section 39.[33]Upon the authorization of power, the grantee has the duty to assume that power. The Grantor may state that the grantee can authorize other persons holding positionsto act for his or her behalf and may also specify criteria and conditions for the exercise of such power. However, in case of the authorization of power to a Governor, the Council of Ministers may specify criteria for the Governor to further authorize a Vice Governor, a Deputy Governor, or a chief of relevant government agencies in that province.

 

                        Section 40.[34]In authorizing the power, the grantor shall take into account the provision of convenience to the public, promptness of civil service performance, and distribution of responsibilities in conformity with the nature of the grantee position. The grantee must perform the duties as authorized in accordance with the purposes of such authorization.

                        Upon granted the power, the grantor have the duties to oversee and monitor the performance of the grantee and the power to recommend or rectify the performanceof the grantee.

 

                        Section 40/1.[35]In performing civil service of government agencies affiliated with Departments, if any work of the government agencies is or relates to provision of services and if dividing it into a special service point will better serve the goals under section 3/1, the government agencies, with an approval of the Council of Ministers, may divide that part ofcivil service and set it up as the special service point, which is not a government agency or a State enterprise but is under the supervision of the government agencies. Such action must be done in accordance with Rules of the Office of the Prime Minister.

                        The Rules of the Office of the Prime Minister under paragraph one shall specify, at least, details of the establishment, the authorization of power, methods of administration, management of properties, monitoring of welfare benefits for the staffs, and its dissolution.

                        The special service point has the duties to work for the government agency by performing the functions as being established for, as well as to support other work of the latter as assigned and may provide services to other government agencies, State or private agencies, without affecting its main functions.

                        The income of the special service point shall not be part of the contribution to the State income in accordance with the laws on budget management and treasury reserves.

 

CHAPTER 6

ACTING

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                        Section 41.In case the Prime Minister is unable to perform the duties, the Deputy Prime Minister shall be the Acting Prime Minister. If there are several Deputy Prime Ministers, the Council of Ministers shall assign any one Deputy Prime Minister to be the Acting. If there is no person holding the Deputy Prime Minister position or there is but he or she is unable to perform the duties, the Council of Ministers shall assign any one Minister to be the Acting.

 

                        Section 42.In case there is no person holding the Ministerfor Ministry position, or there is but he or she is unable to perform the duties, the Deputy Minister shall be the Acting. If there are several Deputy Ministers, the Council of Ministers shall assign any one Deputy Minister to be the Acting. If there is no person holding the Deputy Minister position or there is but he or she is unable to perform the duties, the Council of Ministers shall assign any one Minister to be the Acting.

                        The provision under paragraph one shall apply mutatis mutandis to the Minister for Ta-buang.

 

                        Section 43.In case there is no person holdingthe Secretary to the Minister position, or there is but he or she is unable to perform the duties, the Deputy Secretary to the Minister shall be the Acting. If there are several Deputy Secretaries to the Minister, the Minister for Ministry shall assign any one Deputy Secretary to the Minister to be the Acting. If there is no Deputy Secretary to the Minister, the Minister for that Ministry shall appoint one civil servant in that Ministry to be the Acting.

                        The provision under paragraph one shall apply mutatis mutandis to the Secretary to the Minister for Ta-buang.

 

                        Section 44.In case there is no person holding the Permanent Secretary position, or there is but he or she is unable to perform the duties, the Deputy Permanent Secretary shall be the Acting. If there are several Deputy Permanent Secretaries, the Prime Minister for the Office of the Prime Minister or the Minister of that Ministry shall appoint any one Deputy Permanent Secretary to be the Acting. If there is no person holding the Deputy Permanent Secretary positionor there is but he or she is unable to perform the duties, the Prime Minister for the Office of the Prime Minister or the Minister of that Ministry shall appoint a civil servant in that Ministry, who holds not lower than the Director-General position or its equivalent, to be the Acting.

                        In case there is no person holding the Deputy Permanent Secretary position, or there is but he or she is unable to perform the duties, the Permanent Secretary may appoint a civil servant in that Ministry, who holds not lower than the Division Director position or its equivalent, to be the Acting.

 

                        Section 45.The provisions under section 44 shall apply mutatis mutandisin cases of no person holding the Permanent Secretary for Ta-buang or Deputy Permanent Secretary for Ta-buangpositions under section 24 or section 28.

 

                        Section 46.In case there is no person holding the Director-General position, or there is but he or she is unable to perform the duties, the Deputy Director-General shall be the Acting. If there are several Deputy Directors-General, the Permanent Secretary shall appoint any one Deputy Director-General to be the Acting. If there is no person holding the Deputy Director-General position or there is but he or she is unable to perform the duties, the Permanent Secretary shall appoint any one civil servant in that Department, who holds a position equivalent to Deputy Director-General or holds the Division Chief position or its equivalent and higher, to be the Acting. However, if deemed appropriate for the suitability of performance ofthe civil service in that Department by the Prime Minister for the Office of the Prime Minister or the Minister for that Ministry, he or she may appoint any one civil servant, who holds not lower than the Deputy Director-General position or its equivalent, to be the Acting.

                        In case there is no person holding the Deputy Director-General position or there is but he or she is unable to perform the duties, the Director-General may appoint a civil servant in that Department, who holds not lower than the Deputy Director-General position, or is the Division Chief or its equivalent and higher, to be the Acting.

                        The provisions under paragraph one and paragraph two shall applymutatis mutandis in cases of no person holding the Secretary-General, the Deputy Secretary-General, the Director, the Deputy Director positions, or any other named positions being equivalent to the Permanent Secretary or the Director-General in government agencies named otherwise with status equivalent to Department.

 

                        Section 47.  In case there is no person holding the Secretary to a Department position under section 33 paragraph one or the Chief of government agency position under section 33 paragraph two, or there is but he or she is unable to perform the duties, the Director-General shall appoint one civil servant in that Department, who holds not lower than the Division Chief or its equivalent, to be the Acting.

                        The provisions under this section shall applymutatis mutandis to the government agencies named otherwise with status equivalent to Department.

 

                        Section 48.The Acting under this Act shall have the same powers and duties as the person he or she is acting.

                        In case that any position holder or his or her Acting assign or authorize the powers to other position holderto act for him or her, that person acting for him or her shall have the same powers and duties as the assignor or grantor.

                        In case other lawsappoint a person holding any position to be a committee member or to have any powers and duties, the Acting or the person acting for shall have the powers and duties to be the committee member or have the same powers and duties as that person holding the position during the time of being the Acting or the acting for, as the case may be.

 

                        Section 49.The status of the Acting under this Act shall be without prejudice to the powers of the Prime Minister, the Minister, the Permanent Secretary, or the person holding position equivalent to Permanent Secretary, Permanent Secretary for Ta-buang, Director-General, or the person holding position equivalentto Director-General, being as the Chief who can appoint other civil servant to be the Acting in accordance with his or her existing powers and duties under the laws.

                        In case of an appointment of the Acting under paragraph one, the person holding the Deputy or Vice position shall cease to be the Acting as from the time that the assigned person under paragraph one assumes the duties.

 

                        Section 50.The provisions under this Chapter shall not apply to the administration of services of Ministries that are related to military.

 

CHAPTER 7

ADMINISTRATION OF CIVIL SERVICE IN FOREIGN COUNTRIES[36]

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                        Section 50/1.[37]In this Chapter:

                        “Delegation” means civil servants or military officers being posted in foreign countries who are appointed to hold positions in an Embassy, a Consulate-General, a Consulate, a Vice Consulate, a government agency of the Ministry of Foreign Affairs named otherwise and performing the same duties as Embassy or Consulate-General, and a Permanent Mission of Thailand to an international organization;

                        “Head of Delegation” means a civil servant of the Ministry of Foreign Affairs who is appointed to be the Head of Delegation in accordance with Regulations on diplomatic and consulate protocols; in case of the Permanent Mission of Thailand to an international organization, it shall mean a civil servant of a government agency who is appointed as the Head of Permanent Mission of Thailand to an international organization;

                        “Deputy Head of Delegation” means a civil servant of the Ministry of Foreign Affairs who is appointed to hold the position to assist in giving orders and acting for the Head of Delegation; in case of the Permanent Mission of Thailand to an international organization, it shall mean a civil servant who is appointed to hold the position in the same manner.

 

                        Section 50/2.[38]The Head of Delegation shall take the policies and orders from the Prime Minister as the Head of Government, the Council of Ministers,Ministries,

Ta-buangs, and Departments, and to implement them as appropriate to the civil service in foreign countries, as well as shall be the Chief of personnel in that Delegation. There may be a Deputy Head of Delegation to assist in giving orders and acting for the Head of Delegation.

                        The giving orders and performance of work of Ministries, Ta-buangs, and Departments over the personnel in the Delegation shall be in accordance with Rulesspecified by the Council of Ministers.

                        The Head of Delegation may authorize personnel in that Delegation to act for him or her in accordance with Rules specified by the Council of Ministers.

 

                        Section 50/3.[39]In case there is no person holding the Head of Delegation position or there is but he or she is unable to perform the duties, the Deputy Head of Delegation shall be the Acting.

                        In case there is no person holding the Deputy Head of Delegation position to be the Acting under paragraph one or no person holding any position by personnel of the Delegation or there is but he or she is unable to perform the duties, the Acting of the Head of Delegation or the person holding any position by personnel of that Delegation shall be in accordance with Rules specified by the Council of Ministers.

                        The provision in paragraph one shall not apply to military officers being posted in foreign countries.

 

                        Section 50/4.[40]The Head of Delegation shall have the powers and duties as follows:

                        (1) to administer the civil service in accordance with the laws and bureaucracy practices;

                        (2) to administer the civil service as assigned by the Council of Ministers, Ministry, Ta-buang, or Department, or as ordered by the Prime Minister as the Head of Government;

                        (3) to take charge of personnel in the Delegation and civil servants who are not the personnel in the Delegation being posted in the country he or she has the powers and duties, in order to ensure that the performance of civil service is in accordance with the laws, rules, regulations, or orders of the Ministry, Ta-buang, Department, or resolutions of the Council of Ministers or orders of the Prime Minister as the Head of Government;

                        (4) to report facts and opinions on the performance of civil service of personnel in (3) for the consideration of the Chiefs of the government agencies, with which they are affiliated, for appointment and salary increase.

 

                        Section 50/5.[41]The Minister for Ministry or Ta-buang, the Permanent Secretary for the Office of the Prime Minister, the Permanent Secretary, the Permanent Secretary for Ta-buang, the Director-General or the person holding its equivalent position, may delegate the power to the Head of Delegation to act for him or her. In such case, the provision in section 38 shall apply mutatis mutandis.

                        Upon the legitimate authorization of power under paragraph one, the grantee has the duties to assume the power and cannot delegate it to other person, except for the authorization of power to a personnel in the Delegation in accordance with Rules specified by the Council of Ministers.

                        After the authorization of power, the Head of Delegation shall have the duties to oversee and monitor the performance of the grantee, as well as to recommend and rectify the performance of the grantee.

 

                        Section 50/6.[42]Any authorization of power or giving relevant orders from the Ministry, Ta-buang, or Department to the Head of Delegation shall be transmitted via the Ministry of Foreign Affairs.

 

PART II

PROVINCIAL ADMINISTRATION

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                        Section 51.The Provincial Administration shall consist of:

                        (1) Changwat (Province);

                        (2) Amphoe (District).

 

CHAPTER 1

CHANGWAT (PROVINCE)

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                        Section 52.Several Amphoes shall be merged to form a Changwat, being a juristic person.

                        Setting up, dissolution, and alteration of perimeter ofa Changwatshall be done by enactment of Act.

                        For the benefit of the integrated administration within a Changwat or a group of Changwats, that Changwator the group of Changwatsshall be able to file budget proposals, in accordance with criteria, methods, and conditions stipulated in Royal Decree. In this case, the Changwat or the group of Changwats shall be deemed as the government agency under the law on budget management.[43]

 

                        Section 52/1.[44]A Changwat shall have the following powers over its perimeter:

                        (1) to implement the State affairs and Government policies for their accomplishment;

                        (2) tooversee performance and enforcement of work to be in line with laws, for the peace and fairness in the society;

                        (3) to provide protection, prevention, promotion, and assistance to the peopleand underprivileged communities, for the economic and social fairnessin the sufficiency living;

                        (4) to provide government serviceswith equal, speedy and quality access for the people;

                        (5) to provide promotion, subsidy, and support to the local administration agencies to be able to perform in accordance with their powers and duties, and to have capacity ready to perform the work transferred to them from Ministry, Ta-buang, or Department;

                        (6) to perform other duties as assigned by the Council of Ministers, Ministry, Ta-buang, Department, or other State agency, or specified by law

                        For the benefit of performance of duties by the Changwat under paragraph one, the government and State agencies situated in theChangwat shall act in conformity to and in accordance with the Changwat Development Plan under section 53/1.

 

                        Section 53. There shall be a Provincial Committee for each Changwat, to be an advisor for the Governor in administrating the Changwatand to perform other duties as specified by laws or resolutions of the Council of Ministers.[45]

                        The Provincial Committee shall consist of the Governor as Chairperson, one Vice Governor assigned by the Governor, the Deputy Governor, the Provincial Chief Public Prosecutor as a Chief of the Office of the Provincial Public Prosecution, the Commander of a Provincial Police, and the Chiefsof government agencies dispatched to the Changwatfrom Ministries and Ta-buangs, except for the Ministry of Interiorsituated in that Changwat, to be members, andthe Chief of the Governor’s Office to be member and secretary.[46]

                        If a Ministry or Ta-buang has more than one Chiefof the government agenciesdispatched from their Departments to the Changwat, the Permanent Secretary or the Permanent Secretary for Ta-buang shall assign one of the Chiefsto be a representative of the Ministry or Ta-buang in the Provincial Committee.

                        In performing the duties under paragraph one, the Governor, if deems appropriate, may appoint one or more Chiefs of the government agencies situated in theChangwatwho are performing the service in the provincial administration, to be additional member of the Provincial Committee for any specific duty.

 

                        Section 53/1.[47]TheChangwatshall formulate a Development Plan to be in conformity with the national economic and social development plan, and the needs of the local people in that Changwat.

                        In formulating the Development Plan under paragraph one, the Governor shall organize a meeting among chiefs of government agencies having their offices in that Changwat, be it the provincial or central administration, and all executives of the local administration agencies in that Changwat, including representatives from the civil society and private sector.

                        The formulation of the Development Plan under paragraph one, numbers and methods of selection of the representatives from the civil society and private sector under paragraph two shall be in accordance with criteria and methods specified in Royal Decree.

                        After the publication of the ChangwatDevelopment Plan, formulation of the Local Development Plan by the local administration agencies and implementation of the work of all government agencies and other State agencies carrying out in that Changwat shall be in conformity with thatChangwatDevelopment Plan.

 

                        Section 53/2.[48]The provision in section 53/1 shall apply mutatis mutandis to the formulation of the Development Plan of a group of Changwats.

 

                        Section 54.In a Changwat, there shall be a Governor to take the policies and orders from the Prime Minister as the Head of Government, the Council of Ministers, the Ministry, Ta-buang, and Department, and implement them as appropriate to the local and the people; and shall be the Chief of the executives who are performing the duties in the provincial administration in that Changwat; and be responsible for the administration of Changwat and Amphoe. There may be Vice Governor, or Assistant to the Governor, or both to assist in giving order and acting for the Governor.

                        The Vice Governor or the Assistant to the Governor shall be the Chief of the provincial executives within that Changwatand be responsible for the administration, secondary from the Governor.

                        The Governor, the Vice Governor, and the Assistant to the Governor are affiliated with the Ministry of Interior.

 

                        Section 55.In a Changwat, in addition to the Governor being the Chief of civil servants and responsible for the administration of the Changwat as specified in section 54, there shall be a Deputy Governor and Chiefs of government agencies dispatched from various Ministries, Ta-buangs, and Departments to assist the Governor, and shall be in charge of the provincial executives affiliated with those Ministries, Ta-buangs, and Departments in that Changwat.

 

                        Section 55/1.[49]In a Changwat, except the Bangkok Metropolitan Administration, there shall be a Provincial Good Governance Committee, abbreviated as the “G.G.C.”, to monitor and advise the State agencies in that Changwat to exercise the good governance in their performance of duties, in accordance with the principles stated in section 3/1.

                        The G.G.C. shall consist of the Inspector-General of the Office of the Prime Minister having jurisdiction over that Changwat as Chairperson, a representative from the civil society, a representative from the Local Parliament who does not hold anexecutive position, and a representative from the private sector. The numbers, selection methods, and performance of duties of the G.G.C. shall be in accordance with Rules of the Office of the Prime Minister.

                        In case the G.G.C. finds that there areomission of work and non-performance of laws, rules, or regulations, or corruption cases, it has the duty to inform the Governor, Chiefs of the relevant government agencies, State enterprises or other State agencies, as the case may be, for further action in accordance with their powers and duties.

 

                        Section 56.In case there is no person holding the Governor position or there is but he or she is unable to perform the duties, the Vice Governor shall be the Acting. If there is no person holding the Vice Governor position or there is but he or she is unable to perform the duties, the Assistant to the Governor shall be the Acting. If there is no person holding the Assistant to the Governor position or there is but he or she is unable to perform the duties, the Deputy Governor shall be the Acting. If there are several Vice Governors, Assistants to the Governor, or Deputy Governors, the Governor shall appoint any one Vice Governor, Assistant to the Governor, or Deputy Governor, as the case may be, to be the Acting. If there is no person holding the positions as Vice Governor, Assistant to the Governor, and Deputy Governor, or there is but he or she is unable to perform the duties, the Chief of government agency with the seniority in accordance with the civil service practices shall be the Acting.

 

                        Section 57.The Governor shall have the powers and duties as follows:

                        (1)[50]to administer the civil service in accordance with the law, civil service practices, and the Changwat Development Plan;

                        (2) to administer the civil service as assigned by the Council of Ministers, the Ministry, Ta-buang, and Department, or as ordered by the Prime Minister as the Head of Government;

                        (3) to administer the civil service in accordance with recommendations and justifications of the Inspector-General of a Ministry that are not in violation with laws, rules, regulations, or orders of the Ministries, Ta-buangs, Departments, resolutions of the Council of Ministers, or orders of the Prime Minister;

                        (4) to oversee the performance of the non-provincial civil service of the civil servants who are posted in that Changwat, except for the military officers, judicial officers, public prosecutors, civil servants in universities and in the Office of the Auditor General, and teachers, to be in accordance with laws, rules, regulations, or orders of the Ministries, Ta-buangs,or Departments, resolutions of the Council of Ministers, or orders of the Prime Minister; or to temporary suspend any acts of the civil servants in that Changwatthat violate laws, rules, regulations, or orders of the Ministries, Ta-buangs, or Departments, resolutions of the Council of Ministers, or orders of the Prime Minister and to report them to the relevant Ministries,

Ta-buangs, or Departments;

                        (5) to coordinate and cooperate with the military officers, judicial officers, public prosecutors, civil servants in universities and in the Office of the Auditor General, teachers,the Inspector-General, and Chiefs of the district and provincial government agencies, in improving the Changwat or preventing public disasters;

                        (6)[51] to request budgets from the relevant Ministry or to file budget proposal to the Bureau of Budgets under section 52 paragraph three and accordingly inform the Ministry of Interior;

                        (7)[52]to oversee the work of the local administration in accordance with the law;

                        (8) to oversee the performance of the employees of the public agencies or State enterprises; for this purpose, he or she shall have the power to report or provide opinions on the work of the public agencies or the State enterprises to the Ministers for those public agencies or State enterprises;

                        (9) to recruit, appoint, grant pension, and take disciplinary actions against the provincial civil servants in the Changwat in accordance with the laws and as assigned by the Permanent Secretary, the Permanent Secretary for Ta-buang, or the Director-General.

 

                        Section 58.An exemption, restriction, or diminution of the powers and duties of the Governor in administrating the Changwat, or granting a civil servant of any government agency the same powers and duties as the Governor shall be done by enactment of Act.

 

                        Section 59.The provisions under section 48 and section 49 shall apply to the Acting and the acting for under this Chapter.

 

                        Section 60.The administration of a Changwat shall be divided as follows:

                        (1) Provincial Office, having duties relating to general civil service and strategizing its Development Plan, having a Head of Provincial Office as the Chief of civil servants and being responsible for the performance of that office;

                        (2) Sections that are set up by the Ministries, Ta-buangs, and Departments, having duties relating to the civil service of those Ministries, Ta-buangs, and Departments, having a Head of that provincial Section as its Chief.

 

CHAPTER 2

AMPHOE (DISTRICT)

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                        Section 61.In a Changwat, there shall be a secondary provincial administration to be known as “Amphoe”.

                        Setting up, dissolution, and alteration of perimeter of Amphoe shall be done by enactment of Royal Decree.

 

                        Section 61/1.[53]AnAmphoe shall have the following powers and duties over its perimeter:

                        (1) the powers and duties as specified in section 52/1 (1), (2), (3), (4), (5), and (6), and the provision in section 52/1 paragraph two shall apply mutatis mutandis;

                        (2) to promote, support, and provide joint services of public agencies as a joint service point;

                        (3) to coordinate with the local administration agencies in cooperating with the local communities for preparation of the Community Plan to manage the budgets received from the local administration agencies, Changwat, and Ministries, Ta-buangs, and Departments;

                        (4) to mediate or to provide mediation service for the peace of the society in accordance with section 61/2 and section 61/3.

 

                        Section 61/2.[54]In an Amphoe, there shall be a group of individuals to act as mediator panelfor civil disputes, to which any one party has domicile in that Amphoe, relating to land, heritance, and other civil disputes having the disputing amount of not more than two hundred thousand bath, or more as specified by Royal Decree.

                        The District Chief, with an approval from the Provincial Committee, shall prepare a list of individuals to serve inthe mediator panel by selecting from those who have appropriate knowledge and experiences to do so.

                        When there is a dispute and the disputing parties agree to resort to mediation, each party shall select one individual from the list under paragraph two, and the District Chief,the Provincial Public Prosecutor or the Deputy District Chief as assigned to be Chairperson, to form the mediator panel.

                        The mediator panel shall have the powers and duties to hear the disputing matters from the parties and to mediate until there is a mutual agreement between the parties in a speedy manner. If both parties reach an agreement, the mediator panel shall make the compromise contract between the parties, which legally binds the parties. In case the parties cannot reach an agreement, the mediator panel shall dispose of the matter.

                        The contract in paragraph four shall have the same effect as an arbitral award under the law on arbitration.

                        Criteria and accounting methods, mediation procedure and the making of the compromise contract, as well as fees for the mediator panel shall be in accordance with Ministerial Regulation.

                        In case any one party to the dispute fails to comply with the compromise contract, the other party may file a motion to the Public Prosecutor, who shall then file a request to the Court having jurisdiction to give an order to enforce that contract. In this case, the law on arbitration shall apply mutatis mutandis.

                        When the mediator panel takes up the dispute for consideration, the statute of limitation of a legal proceeding shall be suspended as from the date of the submission of the dispute until the mediator panel disposes the matteror the parties make the compromise contract, as the case may be.

                        The provision of this section shall apply mutatis mutandis to the Bangkok Metropolitan Administration.

 

                        Section 61/3.[55]For all criminal offences occurring in any Amphoethat are compoundable and do not relate to sexual offences, if a victim and an accused agree or give consent, the District Chief of that Amphoeor the Deputy District Chief assigned by the formershall be a mediator, appropriately as the case may be. When the victim and the accused agreein writing as being mediated and comply with the mediation results, those criminal offences shall be terminated in accordance with the Criminal Procedure Code.

                        In case the victim and the accused cannot agree on the mediation, the dispute shall be disposed off. For the benefit of the victim to further pursue the legal proceedings, the statute of limitation under the Penal Code shall begin from the date of disposal of the dispute.

                        The criteria and procedure in paragraph one shall be in accordance with Ministerial Regulation.

 

                        Section 62.In an Amphoe, there shall be one District Chief to be the Chief of all civil servants in that Amphoe and responsible for its administration.

                        The District Chief is affiliated with the Ministry of Interior.

                        All powers and duties relating to the civil service of the Amphoe Department or a District Chief as specified by the law relating to the Amphoe Department shall be transferred to be the powers and duties of the District Chief.

                       

                        Section 63.In an Amphoe, in addition to the District Chief being the Chief and having the responsibilities under section 62, there shall beDeputy District Chief and Chief of government agencies dispatched to that Amphoefrom various Ministries, Ta-buangs, and Departments to assist the District Chief, and shall be in charge of the provincial executives affiliated with those Ministries, Ta-buangs, and Department in that Amphoe.

                       

                        Section 64.In case there is no person holding the District Chief position, the Governor shall appoint the Deputy District Chief or the Chief of government agenciesstationed in that Amphoewith the seniority in accordance with the civil service practices to be the Acting.

                        If there is a person holding the District Chief position but he or she is unable to perform the duties, the District Chief shall appoint the Deputy District Chief or the Chief of government agency stationed in that Amphoe with the seniority in accordance with the civil service practices to be the Acting.

                        In case the Governor or the District Chief does not appoint the Acting under paragraph one and paragraph two, the Deputy District Chief or the Chief of government agenciesstationed in that Amphoe with the seniority in accordance with the civil service practices shall be the Acting.

 

                        Section 65.A District Chief shall the powers and duties as follows:

                        (1) to administer the civil service in accordance with the law, civil service practices; if any law does not indicate that the implementation of the law to be the duties of any specific person, the District Chief shall take charge of that law;

                        (2) to administer the civil service as assigned by the Council of Ministers, the Ministries, Ta-buangs, and Departments, or as ordered by the Prime Minister as the Head of Government;

                        (3) to administer the civil service in accordance with recommendations and justifications of the Governor and other persons having the inspection duty assigned by the Council of Ministers, the Prime Minister, the Ministries, Ta-buangs, or Departments, and the Governor that are not in violation to the laws, rules, regulations, or orders of the Ministries, Ta-buangs, Departments, resolutions of the Council of Ministers, or orders of the Prime Minister;

                        (4) to monitor the local administration in the Amphoe in accordance with the law.

 

                        Section 66.The administration of Amphoe shall be divided as follows:

                        (1) District Office, having duties relating to general civil service of that Amphoe, and having the District Chief as the Chief of and being responsible for the civil servants;

                        (2) Sections that are set up by the Ministries, Ta-buangs, and Departments, having duties relating to the civil service of that Ministries, Ta-buangs, and Departments, and having a Head of that provincial Section as its Chief.

 

                        Section 67.The provisions in section 48 and section 49 shall apply mutatis mutandis to the Acting and the acting for under this Chapter.

 

                        Section 68. The administration of Amphoe, except as indicated in this Act, shall be in accordance with the law on governing of the locality.

 

PART III

LOCAL ADMINISTRATION

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                        Section 69.Any locality, that deems suitable for the peoples to take part in the local governance, shall form a local administration.

 

                        Section 70.The Local Administration shall consist of:

                        (1) Provincial Administration Organization;

                        (2) Municipality;

                        (3) Sanitation District;

                        (4) other local administration as specified by law.

 

                        Section 71.The administration of the Provincial Administration Organization, Municipality, Sanitation District, and other local administration as specified by law, shall be in accordance with their applicable laws.

 

PART IV

THE PUBLIC SECTOR DEVELOPMENT COMMISSION[56]

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                        Section 71/1.[57]  There shall be the Public Sector Development Commission, abbreviated as the “P.D.C”, consisting of the Prime Minister or a Deputy Prime Minister assigned by the Prime Minister to be Chairperson, one Minister selected by the Prime Minister to be Vice-Chairperson, a person assigned by the Decentralization to the Local Government Organization Committee, not more than ten qualified committee members appointed by the Council of Ministers from the experts in laws, economics, politics, public administration, business administration, finance, organizational psychology, and social science, at least one from each fields.

                        In case of necessity for work accomplishment, the Council of Ministers may order at least three but not more than five qualified committee members to work full time.[58]

                        The Secretary-General of the P.D.C shall be ex officio member and secretary.

                        For the appointment of the qualified persons, the Council of Ministers shall consider and select from the proposed list from the selection process, in accordance with the criteria and selection methods specified by the Council of Ministers.

 

                        Section 71/2.[59]The qualified members shall have qualifications and shall not have the prohibited characters as follows:

                        (1) being of Thai nationality;

                        (2) not being bankrupt, incompetent person or quasi-incompetent person;

                        (3) neverhaving been sentenced by a final judgment to imprisonment, except for an offence committed through negligence or a petty offence;

                        (4) never been a person holding political position, a member of local assembly or local administrator, a director of or a person holding any position responsible for the administration of a political party, or an advisor or an officer of a political party;

                        (5) never having been expelled, dismissed, or discharged from civil service, State agency, or State enterprise on the ground of dishonest performance of duties or deemed as having committed dishonest acts and malfeasance in official service.

 

                        Section 71/3.[60]The qualified members shall hold office for a term of four years. Those whose terms of office expire may be reappointed but not more than two consecutive terms.

                        In case of the qualified member vacates the office upon its expiration of the term, but a new qualified member is not yet appointed, that qualified member shall continue to perform the duties until the new qualified member is appointed.

 

                        Section 71/4.[61]In addition to vacating office upon the expiration of term, a qualified member vacates office upon:

                        (1) death;

                        (2) resignation;

                        (3) lack of qualifications or having prohibited characters under section 71/2;

                        (4) being dismissed by the Council of Ministers due to negligence in performing the duties, disgraceful behaviors, or incapability.

 

                        Section 71/5.[62]In case a qualified member vacates office before the expiration of the term and a new qualified member is not yet appointed, the remaining members shall continue to perform the duties.

                        When a membership of a qualified member is vacated before the expiration of the term, a new appointment shall be carried out within thirty days, except when the term of that qualified member is less than one hundred and eighty days, in which case there may not be an appointment of a new qualified member.

 

                        Section 71/6.[63]A qualified member being appointed to replace the vacated term, or being appointed as an additional member while the other appointed qualified members are still in office, the qualified appointee shall be in office for the unexpired term of office of the qualified members already appointed.

 

                        Section 71/7.[64]At a meeting of the P.D.C, the presence of not less than one-half of the existing members is required to constitute a quorum, no matter whether the qualified members are full time or not.

                        At a meeting of the P.D.C, if the Chairperson is not present at the meeting or is unable to perform the duties, the Vice Chairperson shall preside over the meeting. In case there is no Vice Chairperson, or there is but he or she is unable to perform the duties, the members present shall elect one member to preside over the meeting.

                        A decision of the meeting shall be made by a majority of votes. In casting a vote, each member shall have one vote. In case of an equality of votes, the presiding Chairperson shall have an additional vote as the casting vote.

 

                        Section 71/8.[65]The performance and remuneration of the full time qualified members shall be as specified in Royal Decree.

 

                        Section 71/9.[66]The Office of the Public Sector Development Commission shall be a government agency affiliated with the Office of the Prime Minister, being responsible for the general service of the P.D.C and other duties as specified by the law or the P.D.C, and having the Secretary-General of the P.D.C, who is an ordinary civil servant, as the Chief of civil servants and employees of the Office and being responsible directly under the supervision of the Prime Minister.

                       

                        Section 71/10.[67]The P.D.C shall have the duties and powers as follows:

                        (1) to make recommendation and advise the Council of Ministers on the public sector development and other State works, including the structure of the public sector, budgets, personnel, virtues and ethics standard, remuneration, and other civil service operation methods, to be in line with section 3/1; as well as recommending on formulation of goals, strategies, and measures;

                        (2) torecommend and advise other State agencies not under the supervision of the government executives, as requested by that agency;

                        (3) to report to the Council of Ministers in cases of violation or inconformity with the criteria under section 3/1;

                        (4) to propose to the Council of Ministers to stipulate criteria and standards in setting up, merger, transfer, dissolution, naming, powers and duties, and division of internal administration of government agencies that are Ministries, Ta-buangs, Departments, or others;

                        (5) toprovide opinions to the Council of Ministers in enacting Royal Decrees and issuing Rules under this Act;

                        (6) toensure the provision of clarifications to government agencies and relevant officials as well as the public, including trainings;

                        (7) to monitor, assess, and make recommendationsfor implementation of this Act, and report to the Council of Ministertogether with recommendations;

                        (8) to interpret and examine problems resulting from enforcement of this Act, or the law on reorganization of Ministry, Ta-buang, and Department, as well as to identify practices; in cases of problems, resolutions of the PDC under this clause, after being approved by the Council of Ministers, shall be enforceable under the law;

                        (9) to call on officials or other individuals to give clarifications or opinions for its consideration;

                        (10) to make an annual report on the development and management of the public sector and other government works for the Council of Ministers to further submit to the House of Representatives and the Senate;

                        (11) to appoint a committee, a sub-committee, or a working group to perform the assigned duties, and also to specify meeting allowance or other remuneration;

                        (12) to perform other functions as specified in this Act or as assigned by the Council of Ministers.

 

TRANSITORY PROVISIONS

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                        Section 72.The word “Ta-buang of Politics” under other laws existing prior to the date of entry into force of this Act shall mean the Ministry, Ta-buang, or Department in accordance with this Act, as the case may be.

 

                        Section 73.  The Royal Decrees and the Announcements of the Revolutionary Council on the administration of the Office of the Minister, the Office of the Permanent Secretary or for Ta-buangs, Departments, and government agencies named otherwise with  status equivalent to Department, or having status of Department as being enacted or announced under the law on the State administration being enforced prior to the date of entry into force of this Act, shall continue to be in effect in so far as not contrary to or inconsistent with this Act, until the Royal Decree on the administration is issued under this Act.

 

                        Section 74.Any Royal Decree on internal administration of the Office of the Minister, and Departments or government agencies named otherwise and having status equivalent to Department or having status of Department, which does not specify the powers and duties in accordance with section 8 paragraph four, shall be rectified fully within two years as from the date of entry into force of this Act.

 

                        Section 75.Any provision of laws, Regulations, By-laws, Rules, or Orders making reference to the Announcement of the Revolutionary Council No. 218, dated 29 September B.E. 2515 (1972), or to the provisions of the Announcement of the Revolutionary Council No. 218, dated 29 September B.E. 2515 (1972), shall be deemed as making reference to this Act or provisions of this Act in the sections having similar meanings, as the case may be.

 

 

Countersigned by

AnandPanyarachun

Prime Minister



[1] Translated by Ms. Mattanee Kaewpanya under contract for the Office of the Council of State of Thailand's Law for ASEAN project.- Initial version- pending review and approval.


[67] Section 71/10 was added by the State Administration Act (No. 5), B.E. 2545 (2002).



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