Translation (c) 2013 by Pakorn Nilprapunt
NATIONAL AGRICULTURERS COUNCIL ACT,
B.E. 2553 (2010)
BHUMIBOL ADULYADEJ, REX.
Given on the 16th Day of November B.E. 2553;
Being the 65th Year of the Present Reign.
His Majesty King Bhumibol Adulyadej
is graciously pleased to proclaim that:
Whereas it is expedient to have the
law on national agriculturers council;
Be it, therefore, enacted by the
King, by and with the advice and consent of the National Assembly, as follows:
Section
1. This Act is called the “National
Agriculturers Council Act, B.E. 2553 (2010)”.
Section
2. This Act shall come into force as
from the day following the date of its publication in the Government Gazette.
Section
3. In this Act:
“Agriculture” means cultivating
soil, raising livestock, fishery and other related activities to be notified, with
the advice of the National Agriculturers Council, in the Government Gazette by
the Minister;
“Agriculturer” means a person
who practically engaged in agriculture;
“Agriculturers’
organisation” means a group of agriculturers which is registered under this Act;
“Master
Plan” means the Master Plan for Agricultural Development;
“Changwat Agriculturers Council” includes
Bangkok Agriculturers Council;
“Office”
means the Office of the National
Agriculturers Council;
“Changwat
Agriculturers Office” includes Bangkok Agriculturers Office;
“Director
of the Office of Changwat Agriculturers Council” includes the Director of
the Office of Bangkok Agriculturers Council;
“Secretary-General”
means the Secretary-General of the National Agriculturers Council
“Minister”
means the Minister having charge and control of the execution of this Act.
Section
4. The Prime Minister shall have
charge and control of the execution of this Act, and the Minister of Agricultural
and Cooperatives shall have charge and control of the execution of this Act
particularly to the execution of the transitory provisions.
The Prime
Minister and the Minister of Agricultural and Cooperatives shall have the power
to issue the Notifications for the execution of this Act.
Such
Notifications shall come into force upon their publication in the Government
Gazette.
CHAPTER I
National Agriculturers Council
Section
5. There shall be the National
Agriculturers Council which consists of the followings:
(1) the
Chairperson of each Changwat Agriculturers Council as ex officio
members;
(2) other
sixty members as elected, in accordance with the rules, procedure and
conditions notified by the National Agriculturers Council and published in the
Government Gazette, by the members under (1) from the representatives of
agriculturers’ organizations in plant, animal, fishery and other agricultural
sectors with regard to the significance and coverage of each agricultural
sector;
(3) seven
qualified members as elected, in accordance with the rules, procedure and
conditions notified by the National Agriculturers Council and published in the
Government Gazette, by the members under (1) from the persons having knowledge,
skill and experience in agriculture. Among this number, there shall be at least
one qualified member from each of the following sectors, viz. plant,
animal and fishery.
Each member
under (2) shall also be member of agricultures’ organization registered with
the Office in accordance with the rules, procedure and conditions as prescribed
by the National Agriculturers Council.
Section
6. Within sixty days as from the
date the names of all members of all Changwat Agriculturers Councils
have been notified completely, each Changwat Agriculturers Council shall
nominate the name of the Chairperson of Changwat Agriculturers Council
to Secretary-General. Within thirty days after receiving the names of all
Chairpersons, Secretary-General shall organize meeting of the Chairpersons of
all Changwat Agriculturers Councils so as to elect the members under
section 5 (2).
If it is
not possible to receive the names of the Chairpersons of all Changwat
Agriculturers Councils, but not less than ninety per cent of those names
arrived at Secretary-General, there shall be deemed that the members under
section 5 (1) compose of the aforesaid number and the process to elect the
members under section 5 (2) shall be proceeded.
The members
under section 5 (1) and the members under section 5 (2) as elected under
paragraph two shall further elect the qualified members under section 5 (3).
Section
7. A member of the National
Agriculturers Council shall have the qualifications and shall not be under any
of the prohibitions as follows:
(1) being of Thai nationality;
(2) being of not less than twenty-five
years of age;
(3) being agriculturer who is a member
of agriculturers’ organization for not less than one year in case of the member
under section 5(2);
(4) not being bankrupt;
(5) not being a political official, a
person holding political position, a member of local assembly, a local
administrator or a committee, advisor or official of a political party;
(6) not being a government official,
officer or employee holding any position of, or receiving monthly salary from,
central administration, provincial administration, local administration or
other State agencies;
(7) not being a Buddhist priest, novice,
monk or clergy;
(8) not having been expelled, dismissed,
removed or fired from office by government agency or State enterprise or other
State agencies or private employer on the ground of malfeasance in office;
(9) not being of unsound mind or of
mental infirmity;
(10)
not having been sentenced by a final judgment to
imprisonment except where he has been discharged for a period of not less than
five years or such offence had been committed through negligence or a petty
offence.
Section
8. A member of the National
Agriculturers Council holds office for a term of four years as from the date
his name has been notified under section 15 and shall not hold office for more
than two consecutive terms.
A member of
the National Agriculturers Council who vacates office at the end of the term of
office shall continue his duties until the notification of the names of the members
of the new National Agriculturers Council.
Section
9. In addition to vacating office
at the end of the term of office under section 8, a member of the National
Agriculturers Council vacates office upon:
(1) death;
(2) resignation;
(3) being disqualified or being under
any of the prohibitions under section 7;
(4) being dismissed by the vote of not
less than two-thirds of the existing number of members of the National
Agriculturers Council;
(5) resign from the agriculturers’
organization that he represents under section 5 (2);
(6) having been sentenced by a final judgment
to imprisonment except for an offence committed through negligence or a petty
offence;
(7) being absent, or failing to attend,
the meeting for more than five consecutive meetings without reasonable ground.
Section
10. In the case where a member of the
National Agriculturers Council vacates office before term but the remaining
members are more than one-half of the total numbers of the members, the
election for the fulfillment of the vacancy shall be held in accordance with
the rules, procedure and conditions as prescribed by section 5. In this case, the elected person shall be in
office for the remaining term of office of the person he replaces. If the term of office of the remaining
members is less than ninety days, such election shall be omitted.
During the period of vacancy under paragraph one, the
National Agriculturers Council shall consist of the remaining member.
If more
than one-half of the total numbers of the members of the National Agriculturers
Council vacate office before term, there shall be deemed that such National
Agriculturers Council is dissolved and the election for the new members of the
National Agriculturers Council shall be made within ninety days.
Section
11. The National Agriculturers
Council shall have the powers and duties as follows:
(1) to recommend the Council of Ministers in laying
down a policy for the development of, and to strengthen capacity of,
agriculturers and agriculturers’ organization in accordance with the philosophy
of sufficient economy, in agricultural production, processing and marketing and
in protection of land for agriculture;
(2) to recommend the Council of Ministers in laying
down a policy and guideline for the promotion on, and the development of, integrated
farming, agro-forestry system, natural agriculture system, mixed agriculture,
organic agriculture and other forms of agriculture;
(3) to give advice and recommendation to the
Council of Ministers on the solutions for agriculturers’ problems, agricultural
development as well as conservation and utilization of natural resources and
environment;
(4) to propose the Master Plan to the Council of
Ministers;
(5) to recommend the Council of Ministers to issue
guidelines for promotion and support research and knowledge development in
local plants and animals genetics, agriculture products and products produced
from agriculture product processing;
(6) to recommend the Council of Ministers the
guideline for implementation of agricultural price and production risks
insurance, including agriculturers’ welfare;
(7) to promote corporation and connection with
government and private sectors, domestically and abroad, as well as
international organization for agricultural development;
(8) to develop and fortify agriculturers and
agriculturers’ organization;
(9) to render opinion on policies, laws or
arrangements related to, and affect with, agriculturers;
(10) to give advice and recommendation to
agriculturers and agriculturers’ organization and upon the matter submitted by Changwat
Agriculturers Office;
(11) to appoint committee, sub-committee, working
group or advisor as necessary;
(12) to perform any act as prescribed by law to be
the powers and duties of the National Agriculturers Council or as entrusted by
the Council of Mnisters.
Section
12. The Council of Ministers shall
prepare the National Agriculturers Council a written report in response of the
proposal made thereby.
Section
13. The National Agriculturers
Council may, in relation to the matter dealing with common interests of
agriculturers, request the Council of Ministers, the Prime Minister or any
related portfolio Minister in order to express the Council’s opinion thereon.
Section
14. There shall be a President and
two Vice-Presidents of the National Agriculturers Council.
Section
15. Whenever the National
Agriculturers Council consists of the completion numbers of members under
section 5 or deemed to be consisted of the completion of numbers of members
under section 6, the Secretary-General shall notify the names of all members of
the National Agriculturers Council in the Government Gazette.
Within
thirty days as from the date of notification of the names of all members of the
National Agriculturers Council, the Secretary-General shall convene the first
meeting of the National Agriculturers Council.
At the
first meeting, the oldest member shall preside over the meeting and conduct an
election of the President and Vice-Presidents from the members under section 5
(1). The vote shall be made by a
majority of votes.
Section
16. The President of the National
Agriculturers Council shall convene the meeting one session in every two months. Each session shall not longer than seven
days. In case of urgent and necessity,
the President of the National Agriculturers Council may convene the meeting as extraordinary
session. If not less than one-third of
the total numbers of the members of the National Agriculturers Council submit a
written request to the President to convene the meeting in order to consider
any necessary matter, the President shall convene the meeting.
Section
17. At a meeting of the National
Agriculturers Council, the presence of not less than one-half of the total
numbers of the existing members at the meeting shall constitute the quorum.
At a meeting,
if the President is absent or unable to perform his duties, the First or Second
Vice-President shall preside over the meeting consecutively.
If the
President and both Vice-Presidents are absent or unable to perform their duties,
the members shall elect a member under section 5 (1) to preside over the
meeting.
A decision
shall be made by a majority of votes. In
casting vote, each member shall have one vote.
In case of equality of votes, the person who presides over the meeting
shall have an additional vote as a casting vote.
Section
18. The President of the National
Agriculturers Council shall have the duty to conduct the business of the
National Agriculture Council in accordance with the regulations prescribed by
the National Agriculture Council, including the following powers and duties:
(1) to conduct the meeting and to have any order as
necessary to maintain peaceful condition of the meeting;
(2) to control and conduct the business of the
National Agriculturers Council to be in accordance with the regulations and
resolutions of the National Agriculturers Council;
(3) the powers and duties as prescribed by laws.
The
Vice-Presidents of the National Agricultures Council shall have the powers and
duties as entrusted by the President of the National Agricultures Council and
shall act on his behalf when the President is absent or unable to perform his
duties.
Section
19. The members of the National
Agriculturers Council and the members of its committee, sub-committee or
working group shall be entitled to the meeting allowance, per diem, expense and
other benefits in response of the performance of their duties under this Act in
accordance with the regulation prescribed by the National Agricultural Council as
approved by the Ministry of Finance.
CHAPTER II
Office of the National Agriculturers Council
Section
20. There shall establish the Office
of the National Agriculturers Council as State agency, being a juristic person
which is not a government agency or State enterprise under the law on budgetary
procedure or other laws, to be called “ONAC” in brief. The Office shall be located in Bangkok or its
adjacent area. ONAC shall have the
following powers and duties:
(1) to be responsible for secretarial work and
being secretariat unit of the National Agriculturers Council;
(2) to gather, study, conduct research, develop and
conduct analysis information in relation to the business of the National
Agriculturers Council, Changwat Agriculturers Council and the Office of Changwat
Agriculturers Council;
(3) to make policies, Master Plan and activities of
the National Agriculturers Council known to agriculturers and agriculturers’
organization;
(4) to conduct registration of agriculturers and
agriculturers’ organization;
(5) to provide database on registration of
agriculturers and agriculturers’ organization and information system in
relation to agriculture and other related activities, viz. management,
research, production, processing, marketing and price domestically and abroad,
as well as the use of geological information;
(6) to be focal point for cooperation with Changwat
Agriculturers Council and other related agencies;
(7) to prepare annual report of the National
Agriculturers Council;
(8) to perform any other duty entrusted by the
National Agricultures Council.
The
performance of powers and duties of the Office under paragraph one shall be in
accordance with the rule and procedure on good governance as published by the
Minister in the Government Gazette with advice of the National Agriculturers
Council.
Section
21. The Office is not subjected to
the law on labor protection, the law on labor relation, the law on social
security and the law on worker’s compensation, but Secretary-General, officer
and employee of the Office shall be entitled to benefit of not less than the
benefits under the law on labor protection, the law on social security and the
law on worker’s compensation.
Section
22. The President of the National
Agriculturers Council shall appoint the Secretary-General from the person with
the qualifications and without prohibited characteristics as follows:
(1) being of Thai nationality;
(2) being of not less than thirty-five
years of age, but not more than sixty years of age on the application date;
(3) having apparent knowledge, skill,
past-works and experience which are beneficial for the works of the Office;
(4) not being under the any prohibited
characteristics under section 7 (4), (5), (6), (7), (8), (9) and (10);
(5) not being employed by private
organization to do routine work and receive monthly salary.
The rules,
procedure and conditions for selection of the Secretary-General shall be
prescribed by the National Agriculturers Council.
Section
23. An appointment, dismissal,
conditions for probation, performance of office and performance assessment of
Secretary-General shall be in accordance with the provisions of contract as
determined by the National Agriculturers Council. The term of contract shall no longer than
four years.
Secretary-General
shall be entitled to monthly salary, wage or other pays as determined by the
National Agriculturers Council.
Section
24. The National Agriculturers
Council shall have the power to issue regulations or rules in relation to
internal administration of the Office and Changwat Agriculturers
Office. Such power includes:
(1) the imposition of internal structure of the
Office and Changwat Agriculturers Office;
(2) the issuance of regulations or rules in
concerning with qualifications, selection, recruitment, appointment, position determination,
salary or wage determination, determination of pension and other benefits,
salary or wage adjustment, removal from office, discipline and disciplinary
sanction, dismissal from office, petition and appeal against sanction of
officer and employee;
(3) the issuance of regulations or rules, with the
approval of the Ministry of Finance, relating to financial management,
procurement and properties of the Office and Changwat Agriculturers
Office.
Section
25. Secretary-General shall be a
commander of the officer and employee and shall be responsible for the
administration of the Office and Changwat Agriculturers Office to be in
accordance with the objective of the National Agriculturers Council,
regulations, rules and policies of the National Agriculturers Council under
supervision of the President of the National Agriculturers Council.
Section
26. Secretary-General shall be
representative of the Office in relation to any activity dealing with other
persons.
Section
27. Secretary-General shall appoint
not more than two officers of the Office as his first and second Deputy
Secretary-General to assist him in the performance of duties. In the case where the Secretary-General
becomes vacant and the new Secretary-General has not been appointed yet, or
where the Secretary-General is unable to perform his duties temporarily, the
President of the National Agriculturers Council shall appoint the first Deputy Secretary-general
to be Acting Secretary-General. If the
Secretary-General and the first Deputy Secretary-General are unable to perform
their duties, the President of the National Agriculturers Council shall appoint
the second Deputy Secretary-General to be Acting Secretary-General.
The Acting
Secretary-General shall have the same powers and duties as Secretary-General.
Section
28. The Office shall have the
following incomes:
(1) grant under section 29;
(2) aids received from State agency or private
sector which relates to agricultural promotion and development;
(3) donated money or properties;
(4) fruits and other incomes.
Incomes of
the Office shall not be remitted to the Ministry of Finance under the law on
treasury balance, the law on budgetary procedure or other laws.
Section
29. The Office shall make a request
for grant from the government in accordance with the resolution of the National
Agriculturers Council for the operation of the National Agriculturers Council
and Changwat Agriculturers Council.
The
government shall prepare grant in appropriate amount for the operation of the
National Agriculturers Council and Changwat Agriculturers Council.
The grant
under this section shall be paid in accordance with the regulations determined
by the National Agriculturers Council with the approval of the Ministry of
Finance.
Section
30. The Office shall prepare and
submit balance sheet, financial statement and account to the auditor within
ninety days as from the ending date of each accounting year.
The Office
of the Auditor General shall be auditor of the Office and shall examine and
certify all accounts and financial statements of the Office, including all
payments or utilization of properties of the Office. In this regard, the Office of the Auditor
General shall review as to whether such payments and utilization are in accordance
with their objectives, value for money and produce the targeted outcomes. The report of the audit shall be tabled to
the House of Representatives, the Senate and the Council of Ministers without
delay.
CHAPTER III
Changwat Agriculturers Council
Section
31. There shall establish Changwat
Agriculturers Council, consisting of the followings:
(1) sixteen elected members. If any Changwat has more than sixteen Amphoe, the number of elected member shall
be equal to the number of Amphoe in that Changwat;
(2) five qualified members elected by the members
under (1) from the persons with knowledge and skill in agriculture. Among this number, there shall be at least
one qualified member from each of the following sectors, viz. plant,
animal and fishery.
The Office
shall organize the election for the members under (1) and (2) in accordance
with the rules, procedure and conditions notified by the National Agriculturers
Council in the Government Gazette.
Section
32. Whenever Changwat
Agriculturers Council consists of the completion number of members under
section 31, the Secretary-General shall, within fifteen days, notify the names
of all members of Changwat Agriculturers Council in the Government
Gazette.
Section
33. Changwat Agriculturers
Council shall have the powers and duties as follows:
(1) to develop and fortify agriculturers and
agriculturers’ organization within Changwat;
(2) to integrate policies and implementation of
agriculturers’ organization, agriculturers, research institute, education
institute and State agencies;
(3) to promote and support the assembly in any form
of agriculturers’ organizations, agriculturers’ groups and youth agriculturers
within Changwat;
(4) to submit Changwat Agricultural
Development Plan to National Agriculturers Council for integration with those
of others as the Master Plan for further submission to the Council of
Ministers;
(5) to support and promote education, training and
technology transfer to agriculturers and youth agriculturers in order to increase
their capabilities in agriculture systematically and sustainably;
(6) to recommend policies and guidelines for development
of, and for solving problems embedded with, agricultural sector, including
unfair price of agricultural products, to the National Agriculturers Council;
(7) to give advice and recommendation to
agriculturers and agriculturers’ organization;
(8) to appoint working group to do any act for the
achievement of the objectives of this Act;
(9) to perform any act entrusted by the National
Agriculturers Council.
Section
34. A member of each Changwat
Agriculturers Council shall have the qualifications and shall not being under
any of the prohibitions as follows:
(1) being an agriculturer having domicile in that Changwat;
(2) being of Thai nationality;
(3) being of not less than twenty-five years of
age;
(4) not being under any of the prohibitions under
section 7 (4), (5), (6). (7), (8), (9) and (10).
Section
35. There shall be a Chairperson and
two Vice- Chairpersons of Changwat Agriculturers Council.
Within
thirty days as from the date of notification of the names of all members of Changwat
Agriculturers Council under section 32, the Office of Changwat
Agriculturers Council shall convene the first meeting of Changwat
Agriculturers Council in order to elect the Chairperson and Vice- Chairpersons
of each Changwat Agriculturers Council.
In this case, the provisions of section 15 paragraph three shall apply mutatis
mutandis.
Section
36. The Chairperson of Changwat
Agriculturers Council shall have the powers and duties to conduct the
activities of Changwat Agriculturers Council to be in accordance with
the regulation of the National Agriculturers Council and Changwat
Agriculturers Council.
The Vice-
Chairpersons of Changwat Agriculturers Council shall have the powers and
duties as entrusted by the Chairperson of Changwat Agriculturers Council
and shall be Acting Chairperson of Changwat Agriculturers Council in the
case where the Chairperson of Changwat Agriculturers Council is absent
or unable to perform his duties.
Section
37. The provisions of section 8,
section 9, section 10, section 17 and section 19 shall apply to Changwat
Agriculturers Council mutatis mutandis.
CHAPTER IV
Office of Changwat
Agriculturers Council
Section
38. There shall establish the Office
of Changwat Agriculturers Council, to be called “OCAC” in brief, having
the powers and duties as follows:
(1) to be responsible for secretarial work and
being secretariat unit of Changwat Agriculturers Council;
(2) to gather, study and analyze information in
relation to the business of Changwat Agriculturers Council;
(3) to make agriculturers and agriculturers’
organization known to policies, Changwat Agricultural Development Plan
and activities of Changwat Agriculturers Council;
(4) to provide database and public relation in
order to disseminate information, output and knowledge related to agricultural
production, product, process and market, domestically and abroad;
(5) to be focal point for cooperation with
agriculturers, agriculturers’ organization and other related agencies;
(7) to prepare annual report of Changwat
Agriculturers Council;
(8) to perform any other duty entrusted by the
National Agricultures Council or Changwat Agriculturers Council.
Section
39. Secretary-General shall appoint
an officer of the Office to be the Director of the Office of Changwat
Agriculturers Council.
Section
40. The Director of the Office of Changwat
Agriculturers Council shall be commander of officer and employee attached
therewith and shall be responsible, under control of the Secretary-General and
under supervision of the Chairperson of Changwat Agriculturers Council,
for the administration of the Office of Changwat Agriculturers Council
to be in accordance with the objectives, regulations, rules and policies
determined by the National Agriculturers Council.
CHAPTER V
Master Plan for Agricultural
Development
Section
41. The National Agriculturers
Council shall, by consultation with stakeholders, prepare the Master Plan that
having connectivity with Changwat Master Plan. The Master Plan shall compose at least of the
following matters:
(1) capacity development for, and promotion and
support of, the assembly of agriculturers, agriculturers’ organization,
agriculturers’ group and youth agriculturers in accordance with the philosophy
of sufficient economy;
(2) promotion, development and protection of
agricultural area and guideline for development qualify of soil and for land
use through the promotion and protection of ownership or other rights of
agriculturers in land for the purpose of agriculture;
(3) fair price of agriculture products whereby
agriculture products shall be traded at their highest possible prices;
(4) water resources development and agricultural
irrigation management;
(5) conservation, rehabilitation and utilization of
natural resources, environment and biological diversity for agriculture;
(6) study, research and develop local wisdom and
plant and animal genetics as well as technological innovation, and transfer
knowledge emerged thereby for the purpose of agriculture and agro-industry;
(7) accession to capital and best practices to
solve debt problem of agriculturers;
(8) promotion and protection of agriculturers’
rights, and rights and role of agriculturers in relation to their occupations
and accession to resources which is necessary for their occupations;
(9) creation of agriculturers’ organization network
and creation of connectivity and cooperation in agricultural production,
process, market and consumption for living among agriculturers’ organization
network, public sector and private sector;
(10) promotion and support of education, training,
technology transfer in agriculture and management to agriculturers and youth
agriculturers;
(11) improvement of management of the existing
funds related to agriculture so as to provide assistances to agriculturers
systematically and unduplicated, and the establishment of the new fund for the
fulfillment of that purpose.
The Master
Plan under paragraph one may compose of clear practical details and timeframe
for implementation.
Section
42. The National Agriculturers
Council shall submit the Master Plan to the Prime Minister for deliberation
prior to further submit to the Council of Ministers for consideration.
The Prime
Minister shall complete the deliberation under paragraph one within thirty
days.
Section
43. The National Agriculturers
Council shall have the powers and duties in monitoring and examining an
implementation of the Master Plan, and shall report problems and impediments as
well as solution thereon to the Prime Minister for consideration.
Transitory Provisions
Section
44. At the outset which shall not
more than two years as from the date this Act comes into force, the Permanent
Secretary of the Ministry of Agricultural and Cooperatives shall be Acting
Secretary-General and Acting Director of the Office of Bangkok Agriculturers
Council, and Changwat Agricultural and Cooperatives Officer shall be
Acting Director of the Office of Changwat Agriculturers Council.
The
Permanent Secretary of the Ministry of Agricultural and Cooperatives shall assign
officials of the Ministry of Agricultural and Cooperatives or Changwat
Agricultural and Cooperatives Office to perform the duties at the National
Agriculturers Council or Changwat Agriculturers Council, as the case may
be, temporarily.
Section
45. The Permanent Secretary of the
Ministry of Agricultural and Cooperatives and Changwat Agricultural and
Cooperatives Officer shall organize an election of the agriculturers’
representatives under section 46, section 47, section 48 and section 49 for the
members of Changwat Agriculturers Council.
Section
46. The names of agriculturers
having the right to vote for the representatives of agriculturers at village
level bases upon the agriculturers’ household registered with the Ministry of
Agricultural and Cooperatives. In this
regard, all sui juris agriculturers of each registered agriculturers’
household shall be deemed to have the right to vote. In this case, the name of the additional
registered agriculturers under paragraph two shall also be taken into
consideration.
Within
thirty days as from the date this Act comes into force, the Permanent Secretary
of the Ministry of Agricultural and Cooperatives and Changwat
Agricultural and Cooperatives Officer shall call for the registration of the sui
juris agriculturers who have not been registered yet but desire to
vote. The registration period shall not less
than thirty days.
Within
sixty days as from the date this Act comes into force, the Office of Permanent
Secretary of the Ministry of Agricultural and Cooperatives and Changwat
Agricultural and Cooperatives Office shall notify the names of agriculturers
who have the rights to vote for the representatives of agriculturers at village
level of each area.
Section
47. Within thirty days as from the
date the names of agriculturers have been notified under section 46 paragraph
three, the Permanent Secretary of the Ministry of Agricultural and Cooperatives
and Changwat Agricultural and Cooperatives Officer shall organize an
election for a representative of agriculturers of each village who have
qualifications under section 34.
Within
fifteen days as from the election date for a representative of agriculturers at
village level, the Permanent Secretary of the Ministry of Agricultural and
Cooperatives and Changwat Agricultural and Cooperatives Officer shall
notify the names of the elected representatives.
Section
48. Within thirty days as from the
date of notification of the names of the elected representatives at village
level under section 47 paragraph two, the Permanent Secretary of the Ministry
of Agricultural and Cooperatives and Changwat Agricultural and
Cooperatives Officer shall organize an election for the representatives of
agriculturers at Tambon level. At an election, the agriculturers’
representatives at village level in each Tambon shall elect one among
themselves to be Tambon’s representative.
Within
fifteen days as from the election date for a representative of agriculturers at
Tambon level, the Permanent Secretary of the Ministry of Agricultural
and Cooperatives and Changwat Agricultural and Cooperatives Officer
shall notify the names of the elected representatives.
Section
49. Within thirty days as from the
date of notification of the names of the elected representatives at Tambon
level under section 48 paragraph two, the Permanent Secretary of the Ministry
of Agricultural and Cooperatives and Changwat Agricultural and
Cooperatives Officer shall organize an election for the representatives of
agriculturers at Changwat level.
At an election, the agriculturers’ representatives at Tambon level
in each Amphoe shall elect one among themselves to be Amphoe’s
representative.
If any Changwat
consists of less than sixteen Amphoe, the Permanent Secretary of the
Ministry of Agricultural and Cooperatives and Changwat Agricultural and
Cooperatives Officer shall organize the agriculturers’ representatives at Tambon
level under section 48 paragraph two elect
among themselves for sixteen agriculturers’ representatives which
consist of at least one representative for each Amphoe. In this regard, the ratio of representatives
of each Amphoe shall be varied as the number of registered agricultures
of each Amphoe.
Section
50. Within fifty days as from the
election date of agriculturers’ representatives under section 49 paragraph two,
the Permanent Secretary of the Ministry of Agricultural and Cooperatives and Changwat
Agricultural and Cooperatives Officer shall notify the list of agriculturers’
representatives elected as members of Changwat Agriculturers Council and
shall report the Minister of Agricultural and Cooperatives for
appointment. The names of the appointed
members of Changwat Agriculturers Council shall be published in the
Government Gazette.
Section
51. Within forty-five days as from
the date the names of the appointed members of Changwat Agriculturers
Council have been published in the Government Gazette, the Permanent Secretary
of the Ministry of Agricultural and Cooperatives and Changwat
Agricultural and Cooperatives Officer shall convene the meeting of each Changwat
Agriculturers Council in order to elect among themselves to be Chairperson and
Vice- Chairpersons of Changwat Agriculturers Council.
Section
52. At the outset, the Minister
shall impose the rules, procedure and conditions for registration of
agriculturers’ organization and call for registration in accordance with such
rules, procedure and conditions within sixty days as from the date this Act
come into force and shall impose the rules, procedure and conditions for
election of the members of the first National Agriculturers Council under
section 5 (2) and (3).
Section
53. The period for registration of
the organization under section 52 shall not less than ninety days but not more
than one hundred and fifty days as from the first registration date.
The
Permanent Secretary of the Ministry of Agricultural and Cooperatives shall have
the power to register agriculturers’ organization in Bangkok and Changwat
Agricultural and Cooperatives Officer shall have the power to register
agriculturers’ organization in other Changwat.
Section
54. Any problem arising from an
election shall be decided by Changwat Agricultural and Cooperatives
Officer or the Director of Planning and Special Project Division, Office of the
Permanent Secretary of the Ministry of Agricultural and Cooperatives, as the
case may be.
An appeal
against the decision under paragraph one may be made to the Permanent Secretary
of the Ministry of Agricultural and Cooperatives within fifteen days as from
the date of receiving of the decision.
The
decision on appeal of the Permanent Secretary of the Ministry of Agricultural
and Cooperatives shall be final.
Countersigned by:
Abhisit
Vejjajiva
Prime Minister
