วันอังคารที่ 21 เมษายน พ.ศ. 2558

1st Draft of the Constitution of the Kingdom of Thailand - BOOK II.2

Unofficial translation


CONSTITUTION OF THE KINGDOM OF THAILAND


BOOK II

GOOD LEADERSHIPS AND DESIRABLE POLITICAL SYSTEM (Cont.)



                       

Part 7

Constitutionality of Laws

                       

                        Section 163.    Upon the National Assembly’s approval of an organic law bill, the organic law bill shall be, before presentation to the King for Royal Signature, referred to the Constitutional Court for a determination of constitutionality which shall be completed within thirty days as from the receipt date of the matter.
                        If the Constitutional Court decides that the provisions of an organic law bill are contrary to or inconsistent with the Constitution, such provisions shall lapse and if the Constitutional Court decides that such provisions are the essential element thereof or the organic law bill has not been duly enacted under the provisions of the Constitution, such organic law bill shall lapse.
                        In the case where a decision of the Constitutional Court results in the lapse of a provision contrary to or inconsistent with the Constitution under paragraph two, such organic law bill shall be returned to the House of Representatives and the Senate respectively for their reconsideration.  In such case, the House of Representatives or the Senate shall amend the organic law bill to remove the inconsistency or contrariness with the Constitution whereby a resolution on the amendment shall be adopted according to the votes of more than one-half of the total number of the existing members of each House and the Prime Minister shall then proceed further under section 98 and section 156 or section 157, as the case may be.

                        Section 164.    After any bill has been approved by the National Assembly under section 156 or has been reaffirmed by the National Assembly under section 157, before the Prime Minister presents it to the King for signature:
                        (1) if members of the House of Representatives, senators or members of the both Houses of not less than one-tenth of the total number of the existing members of the both Houses are of the opinion that provisions of the said bill are contrary to or inconsistent with this Constitution or such bill is enacted contrary to the provisions of this Constitution, they shall submit their opinion to the President of the House of Representatives, the President of the Senate or the President of the National Assembly, as the case may be, and the President of the House receiving such opinion shall then refer it to the Constitutional Court for decision and inform the Prime Minister without delay;
                        (2) if the Prime Minister is of the opinion that the provisions of the said bill are contrary to or inconsistent with this Constitution or it is enacted contrary to the provisions of this Constitution, the Prime Minister shall refer such opinion to the Constitutional Court for decision and inform the President of the House of Representatives and the President of the Senate without delay.
                        During the consideration of the Constitutional Court, the Prime Minister shall suspend the proceedings in respect of the promulgation of the bill until the Constitutional Court gives a decision thereon.
                        If the Constitutional Court decides that the provisions of such bill are contrary to or inconsistent with this Constitution or it is enacted in contrary to the provisions of this Constitution and that such provisions of the bill are the essential element thereof, such bill shall lapse.
                        If the Constitutional Court decides that the provisions of such bill are contrary to or inconsistent with this Constitution on any ground other than the ground under paragraph three, such conflicting or inconsistent provisions shall lapse and the Prime Minister shall proceed further in accordance with section 98 and section 156 or section 157, as the case may be.


Part 8

Control of the Administration of State Affairs

                       

                        Section 165.    Every member of the House of Representatives or senator has the right to interpellate a Minister on any matter within the scope of his authority, but the Prime Minister or Minister has the right to refuse a reply if the Council of Ministers is of the opinion that the matter should not yet be disclosed on the ground of safety or vital interest of the State.
                        A member of the House of Representatives may interpellate the Prime Minister or a Minister as prescribed in the rules of procedure of the House of Representatives.  The Prime Minister and the Minister shall answer such interpellation in person except where there is an unavoidably necessary circumstance.

                        Section 166.    Members of the House of Representatives of not less than one-fifth of the total number of the existing members of the House have the right to submit a motion for a general debate for the purpose of passing a vote of no-confidence in the Prime Minister.  Such motion shall also include a name of person who is suitable to be appointed as Prime Minister.  When the motion has been submitted, the dissolution of the House of Representatives shall not be permitted, except that the motion is withdrawn or the resolution is not supported by the votes in accordance with paragraph three.
                        In the submission of a motion for general debate under paragraph one, if it is concerned with the behaviour of the Prime Minister that he becomes unusual wealth, exhibits a sign of malfeasance in office or intentionally violates the provisions of the Constitution or law, it shall not be submitted without a lodging of the petition under section 254, or if it is concerned with the Administration of State Affairs which is foreseeable that it may cause damage to State funds, it shall not be submitted without a legal action under section 244.  Upon the lodging of petition under section 254 or the bringing of legal action under section 244, as the case may be, this proceeding shall be continued.
                        If the general debate is concluded with a resolution not to pass over the agenda of the general debate, the House of Representatives shall cast the vote of confidence.  Voting in such case shall not take place on the date of the conclusion of the debate.  In counting of votes, only votes of no-confident shall be counted.  The vote of no-confidence shall be made by more than one-half of the total number of the existing members of the House of Representatives; provided that, the Council of Ministers terminates en masse prior to the casting of such vote.
                        In the case where the vote of no-confidence is not more than one-half of the total number of the existing members of the House of Representatives, the members of the House of Representatives who submit the motion for that general debate shall have no right to submit another motion for a general debate for the purpose of passing a vote of no-confidence in the Prime Ministers throughout that session.
                        In the case where the vote of no-confidence is more than one-half of the total number of the existing members of the House of Representatives, the President of the House of Representatives shall submit the name of the person nominated under paragraph one to the King for appointment and section 172 shall not be applied in this case.
  
                        Section 167.    Members of the House of Representatives of not less than one-sixth of the total number of the existing members of the House of Representatives shall have the right to submit a motion for a general debate for the purpose of passing a vote of no-confidence in an individual Minister, and the provisions of section 166 paragraph two, paragraph three and paragraph four shall apply mutatis mutandis.
                        In the case where a Minister vacates his portfolio but remains as Minister in another portfolio after the submission of a motion under paragraph one, such Minister shall continue to be subject to the general debate for the purpose of passing a vote of no-confidence under paragraph one.
                        The provisions of paragraph two shall apply mutatis mutandis to the Minister who vacates his portfolio for a period not exceeding ninety days before the submission of a motion under paragraph one but remains a Minister in another portfolio.

                        Section 168.    In the case where the number of members of the House of Representatives who are not members of political party or political group having members holding ministerial positions is less than the number of members of the House required for the making of submission of a motion for a general debate under section 166 or section 167, more than one-half of the existing number of such members of the House of Representatives shall have the right to submit a motion for a general debate for the purpose of passing a vote of no-confidence in the Prime Minister or in an individual Minister under section 166 or section 167 if the Council of Ministers has carried out the administration of State affairs for more than two years.

                        Section 169.    Senators of not less than one-third of the total number of the existing members of the Senate shall have the right to submit a motion for a general debate in the Senate for the purpose of requesting the Council of Ministers to give statements of fact or explain important problems in connection with the administration of State affairs without passing a resolution.
                        A motion for the general debate under this section may be submitted only once in each session.

                        Section 170.    A member of the House of Representatives is not bound by the resolution of his political party or political group in submitting an interpellation, debating and casting of vote in no-confidence debate.
  

CHAPTER 4

Council of Ministers

                       

                        Section 171.    The King appoints the Prime Minister and not more than thirty-five other Ministers to constitute the Council of Ministers having the duty to carry out the administration of State affairs with collective accountability.
                        The President of the House of Representatives shall countersign the Royal Command appointing the Prime Minister.
                        The Prime Minister shall not hold office for more than two consecutive terms.

                        Section 172.    The House of Representatives shall complete its consideration and approval of the person suitable to be appointed as Prime Minister within thirty days as from the day the National Assembly is convoked for the first sitting under section 136.
                        The nomination of a person who is suitable to be appointed as Prime Minister under paragraph one shall be endorsed by members of the House of Representatives of not less than one-fifth of the total number of the existing members of the House.
                        The resolution of the House of Representatives approving the appointment of a person as Prime Minister shall be made by the votes of more than one-half of the total number of the existing members of the House of Representatives, but if such person is not a member of the House of Representatives, such resolution shall be made by the votes of more than two-thirds of the total number of the existing members of the House of Representatives.  Voting for this purpose shall be made openly.

                        Section 173.    After the expiration of thirty days as from the date the National Assembly is convoked for the first sitting of members of the House of Representatives, if it appears that no one has been approved for appointment as the Prime Minister under section 172 paragraph three, the President of the House of Representatives shall, within fifteen days as from the lapse of such period, present to the King for the issuance of a Royal Command appointing the person who receives the highest votes as the Prime Minister.

                        Section 174.    The Prime Minster shall, before submission the names of the nominees to be appointed as Ministers to the King for appointment, submit the names of the nominees to the President of the Senate.  The President of the Senate shall then convoke a meeting of the Senate to proceed with section 130 paragraph two.

                        Section 175.    A Minister shall possess the qualifications and shall not be under any of the prohibitions as follows:
                        (1) being of Thai nationality by birth;
                        (2) being not less than thirty five years of age;
                        (3) having graduated with not lower than a Bachelor’s degree or its equivalent;
                        (4) not being under any of the prohibitions under section 111 (1), (2), (3), (4), (6), (7), (8), (9), (10), (12), (13), (14), (15) or (16);
                        (5) having been discharged for a period of less than five years before the appointment after being sentenced by a judgment to imprisonment, except for an offence committed through negligence, a petty offence or defamation;
                        (6) failing to submit copies of tax filing records of the past three years to the President of the Senate or concealing such evidence or submitting false evidence thereof; provided that, he is a person who is exempted from tax filing under the law;
                        (7) not being a member of the House of Representatives or a senator or having been a senator but his senatorship as terminated for not more than two years up to the date of the appointment as Minister.
                        The Prime Minister and a Minister shall not be a member of the House of Representatives or senator simultaneously.
                        A member of the House of Representatives who appointed as the Prime Minister or a Minister vacates office on the date the Royal Proclamation has been issued.

                        Section 176.    Before taking office, a Minister shall make a solemn declaration before the King in the following words:
                        “I, (name of the declarer), do solemnly declare that I shall be loyal to the King and shall faithfully and ethically perform my duties in the interests of the country and of the people.  I shall also uphold and observe the Constitution of the Kingdom of Thailand in every respect.”
                        The King may command the Ministers to make a declaration under paragraph one before the Heir to the Throne or His Representative.

                        Section 177.    The Council of Ministers which will assume the administration of State affairs shall, within fifteen days as from the date it assumes the duties, manifestly state its policies and explanation of the matter to be undertaken and the duration of such undertaking in order to conduct the administration of State affairs according to the directive principles of fundamental State policies.  In this case, no vote of confidence shall be made.
                        Before stating policies to the National Assembly under paragraph one, if there is an importance, necessary and urgency circumstance to do something and delaying in so doing may affect material benefits of the State, the Council of Ministers which will assume the duty may doing something as necessary.

                        Section 178.    The Prime Minister and Ministers shall pay attention to and attending the sitting of the House of Representatives, the Senate and the National Assembly, and shall have the right to give their statement or opinion at a sitting of the Houses.  In this regards, the privileges under section 141 shall apply to the Prime Minister and Ministers mutatis mutandis.

                        Section 179.    A Minister shall, in the administration of State affairs, comply with the provisions of the Constitution, laws and the policies as stated, including national strategy which covers the national security policy and the national economic and social development plan as approved by the National Assembly.  Additionally a Minister shall be accountable individually to the House of Representatives for the performance of his duties and shall also be accountable collectively to the National Assembly for the general policies of the Council of Ministers.

                        Section 180.    In the case where there is an important problem in the administration of State affairs in regard to which the Council of Ministers deems it advisable to take opinions from members of the House of Representatives and senators, the Prime Minister may give a notice to the President of the National Assembly requesting that a general debate be held at a joint sitting of the National Assembly.  In such case, no resolution shall be made by the National Assembly on the issue put in the debate.

                        Section 181.    The Prime Minister may propose to submit a vote of confidence for the purpose of the administration of State affairs from the House of Representatives.  The President of House of Representatives shall, upon receiving of such matter, convoke a meeting for the House of Representatives for consideration and passing a resolution thereon within seven days as from the date the Prime Minister has submitted such matter.  The Prime Minister shall not propose to submit a vote of confidence under this section after motion for a general debate for the purpose of passing a vote of no-confidence under section 166 is submitted.
                        If the Prime Minister proposes to submit a vote of confidence under this section, members of the House of Representatives shall not submit a motion for a general debate for the purpose of passing a vote of no-confidence under section 166 in the same time.
                        In the case where the vote of confidence is less than one-half of the existing number of the members of the House of Representatives, the Prime Minister may inform the King and request for dissolution of the House of Representatives under section 118.
                        If the vote of confidence is equal to or more than one-half of the existing number of the members of the House of Representatives, members of the House of Representatives shall not submit a motion for a general debate for the passing a vote of no-confidence under section 166 in that session.

                        Section 182.    In the case where the Prime Minister states to the House of Representatives that the submission of any bill or any part of any bill showing of confidence in the administration of State affairs of the Prime Minister, if members of the House of Representatives fail to submit a motion for a general debate for the passing a vote of no-confidence of the Prime Minister within forty-eight hours as from the date the statement of the Prime Minister is given to support the introduction of such bill to the House of Representatives, it shall be deemed that such bill or any part of such bill has been approved by the House of Representatives.
                        In the case where members of the House of Representatives submit a motion for a general debate for the passing a vote of no-confidence of the Prime Minister within forty-eight hours as from the date the statement of the Prime Minister is given to support the introduction of such bill to the House of Representatives under paragraph one, such bill shall be suspended.  In this regards, the President of the House of Representatives shall convoke a meeting for a motion of general debate in order to pass a resolution of no-confidence of the Prime Minister and section 166 shall apply mutatis mutandis.  If the vote of no-confidence is not exceeds one-half of the existing number of members of the House of Representatives, it shall be deemed that such bill or any part of such bill has been approved by the House of Representatives.
                        The execution under this section shall be made once in one session.

                        Section 183.    The Council of Ministers vacates office en masse upon:
                        (1) the termination of ministership of the Prime Minister under section 185;
                        (2) the expiration of the term of, or the dissolution of, the House of Representatives;
                        (3) the resignation of the Council of Ministers.
                        In the case where the ministership of the Prime Minister terminates under section 185 (1), (2), (3), (4), (5), (7) or (8), the provisions of section 172 and section 173 shall apply mutatis mutandis.

                        Section 184.    The Council of Ministers vacating offices shall remain in offices to continue their duties until the new Council of Ministers assumes duties.  If the Council of Ministers vacating offices en masse under section 183 (2), the Permanent Secretary of each Ministry shall be Acting Minister, and all Acting Ministers shall collectively perform the duties of the Council of Ministers until the new Council of Ministers assume duties; provided that, they are able to carry out only necessary duties under the following conditions:
                        (1) providing cooperation to and complying with the request of the Election Commission so as to arrange an election to be in order, honest and just manner;
                         (2) refraining from exercising the power to appoint or transfer any government official holding permanent position or salary or official of State agency, State enterprise or any enterprise in which the State is a major shareholder, or to discharge such person from the performance of their duties or removal from office, or to appoint others to perform duties in lieu of such persons without approval of the Election Commission;
                        (3) refraining from doing any act resulting in giving approval to the spending of budget reserved for emergency or necessity circumstance without approval of the Election Commission;
                        (4) refraining from doing any act resulting in giving approval to activity or project or binding the new Council of Ministers;
                        (5) refraining from using or allowing to use resources or personnel of State which may affect the result of a general election, and refraining from the violation of any prohibitions under the rules determined by the Election Commission.
                        The Permanent Secretaries acting as the Ministers shall elect one among themselves to be acting Prime Minister and two among themselves to be Acting Deputies Prime Minister.
                        The performance of duties of all Acting Ministers under this section shall be expired when the King appoints the new Council of Ministers.

                        Section 185.    The ministership of an individual Minister terminates upon:
                        (1) death;
                        (2) resignation;
                        (3) being sentenced by a judgment to imprisonment notwithstanding the suspension of the execution of imprisonment has been granted, except for an offence committed through negligence, a petty offence or defamation;
                        (4) the passing of the vote of no-confidence by the House of Representatives under section 166 or section 167;
                        (5) being disqualified or being under any of the prohibitions under section 175;
                        (6) the issuance of the Royal Command removing a Minister from office under section 186;
                        (7) having done an act prohibited by section 249, section 250 or section 251;
                        (8) being removed from office under section 253.
                        The provisions of section 99 and section 101 shall apply to the termination of ministership under (2), (3), (5) or (7) or paragraph two and in such case the Election Commission may also refer the matter thereof to the Constitutional Court for decision.

                         Section 186.    The King has the prerogative to remove a Minister from his office upon the advice of the Prime Minister.

                        Section 187.    For the purpose of maintaining national security, public safety, national economic security or averting public calamity, the King may issue an Emergency Decree which shall have the force as an Act.
                        The issuance of an Emergency Decree under paragraph one shall be made only when the Council of Ministers is of the opinion that it is the case of emergency and necessary urgency which is unavoidable.
                        In the subsequent sitting of the National Assembly, the Council of Ministers shall submit the Emergency Decree to the National Assembly for its consideration without delay.  If it is out of session and it would be a delay if waiting for the opening of an ordinary session, the Council of Ministers must proceed to convoke an extraordinary session of the National Assembly in order to consider whether to approve or disapprove the Emergency Decree without delay.  If the House of Representatives disapproves it, or the Senate disapproves it but the House of Representatives reaffirms its approval by the votes of not more than one-half of the total number of the existing members of the House, the Emergency Decree shall lapse; provided that, it shall not affect any act done during the enforcement of such Emergency Decree.
                        If the Emergency Decree under paragraph one has the effect of amending or repealing any provisions of any Act and such Emergency Decree has lapsed in accordance with paragraph three, the provisions of the Act in force before the amendment or repeal shall continue to be in force as from the day the disapproval of such Emergency Decree is effective.
                        If the House of Representatives and the Senate approve the Emergency Decree, or if the Senate disapproves it but the House of Representatives reaffirms its approval by the votes of more than one-half of the total number of the existing members of the House, such Emergency Decree shall continue to have the force as an Act.
                        The Prime Minister shall cause the approval or disapproval of the Emergency Decree to be published in the Government Gazette.  In case of disapproval, it shall be effective as from the day following the date of the publication of disapproval in the Government Gazette.
                        The consideration of an Emergency Decree by the House of Representatives and the Senate in case of reaffirmation of an Emergency Decree must take place at the first opportunity when such Houses hold their sittings.

                        Section 188.    Before the House of Representatives or the Senate approves an Emergency Decree under section 187 paragraph three, members of the House of Representatives or senators of not less than one-fifth of the total number of the existing members of each House have the right to submit an opinion to the President of the House of which they are members that the Emergency Decree is not in accordance with section 187 paragraph one, and the President of such House shall, within three days as from the date of receipt of such opinion, refer it to the Constitutional Court for decision.  After the Constitutional Court has given a decision thereon, it shall notify such decision to the President of the House referring such opinion.
                        When the President of the House of Representatives or the President of the Senate has received the opinion from members of the House of Representatives or senators under paragraph one, the consideration of such Emergency Decree shall be deferred until the decision of the Constitutional Court under paragraph one has been notified.
                        In the case where the Constitutional Court decides that an Emergency Decree is not in accordance with section 187 paragraph one, such Emergency Decree shall not have the force of law ab initio.
                        The decision of the Constitutional Court that an Emergency Decree is not in accordance with section 187 paragraph one must be given by the votes of not less than two-thirds of the total number of judges of the Constitutional Court.

                        Section 189.    If, during a session, it is necessary to have a law on taxes, duties or currency, which, in the interests of State, requires an urgent and confidential consideration, the King may issue an Emergency Decree which shall have the force as an Act.
                        The Emergency Decree issued under paragraph one must be submitted to the House of Representatives within three days as from the day following the date of its publication in the Government Gazette, and the provisions of section 187 shall apply mutatis mutandis.

                        Section 190.    The King has the prerogative to issue a Royal Decree which is not contrary to the law.

                        Section 191.    The King has the prerogative to declare and lift a martial law in accordance with the conditions and procedure under the Martial Law.
                        In the case where it is necessary to declare martial law in a certain locality as a matter of urgency, the military authority may do so under the Martial Law.

                        Section 192.    The King has the prerogative to declare war with approval of the National Assembly.
                        The approval resolution of the National Assembly must be passed by the votes of not less than two-thirds of the total number of the existing members of the both Houses.
                         During the expiration of the term or the dissolution of the House of Representatives, the Senate shall perform the function of the National Assembly in giving the approval under paragraph one, and the resolution shall be passed by the votes of not less than two-thirds of the total number of the existing senators.

                        Section 193.    The King has the prerogative to conclude a peace treaty, armistice and other treaties with other countries or international organizations.
                        A treaty which provides for a change in the Thai territories or the Thai external territories that Thailand has sovereign right or jurisdiction over such territories under any treaty or an international law or requires the enactment of an Act for its implementation or has wide scale effects on the economic or social security of the country or results in a significant obligation on trade, investment or budget of the country shall be approved by the National Assembly.
                        A treaty having wide scale effects on the economic or social security of the country or results in a significant obligation on trade, investment or budget of the country under paragraph two means a treaty relating to free trade area, joint custom area, protection of intellectual property or concession of natural resources or having effect in losing the right in natural resources either partly or wholly or any other matters as provided by law.
                        Before the conclusion of a treaty with other countries or international organizations under paragraph two, the Council of Ministers shall provide information thereon to the public, conduct public consultation and clarify the details of such treaty to the National Assembly.  In this regards, the Council of Ministers shall submit a negotiation framework composing of the subject matters for negotiation which may be the conclusion of that treaty to the standing committee on foreign affairs of the National Assembly for approval.  Such standing committee shall consist of qualified members who are not members of the National Assembly, and it shall finish deliberation thereon within thirty days as from the date of receiving of such matter.
                        Upon giving signature to the treaty or preparing to be obliged by the treaty under paragraph two, the Council of Ministers shall, prior to expressing consent to be bound, grant public access to the details of such treaty and the approval of the National Assembly on such matter shall be given.  In this case, the National Assembly shall have resolution thereon within sixty days as from the date of receiving of such matter.  In the case where the implementation of such treaty produces adverse effect to the public, the Council of Ministers shall make swift, appropriate and fair revisions or remedies to the person affected thereby.
                        There shall be a law on the making of treaty which provides categories of treaties, negotiation framework and stages and procedure for the conclusion of a treaty under paragraph two, including the revision or provision of remedy for effects of such treaty with due regard to the fairness as between the beneficiaries and persons affected by the implementation of such treaty and the general public.
                        A matter arising from the provisions of paragraph two falls within the jurisdiction of the Constitutional Court and the provisions of section 164 shall apply mutatis mutandis to the referring of the matter to the Constitutional Court.

                        Section 194.    The King has the prerogative to grant a pardon.

                        Section 195.    The King has the prerogative to remove titles and recall decorations.

                        Section 196.    The King appoints and removes official in the military service and civil service who hold the positions of Permanent Secretary of State, Director-General and their equivalents and transfers from one position to another, but if such official vacates office by the provisions of law or upon his death, the King shall be reported for His acknowledgement.

                        Section 197.    Emolument and other remunerations of Privy Councillors, President and Vice-Presidents of the House of Representatives, President and Vice-Presidents of the Senate, Leader of the Opposition in the House of Representatives, members of the House of Representatives and senators shall be prescribed by the Royal Decree whereby the provisions thereof shall not allow payment prior to the date such persons taking offices.
                        Gratuity, pension or other remunerations of Privy Councillors who vacate their office shall be prescribed by the Royal Decree.

                        Section 198.    All laws, Royal Rescripts and Royal Commands relating to State affairs must be countersigned by a Minister unless otherwise provided in this Constitution.  The person who countersigns the Royal Command shall be liable, legally and politically, as such countersigner.
                        All laws which have been signed or deemed to have been signed by the King shall forthwith be published in the Government Gazette.


CHAPTER 5

Public Finance and Budgeting

                       

                        Section 199.    The determination and application of fiscal policy and budget of State shall be in accordance with the principle of good governance, efficiency and worthiness, fiscal discipline and fair distribution.

                        Section 200.    State funds include:
                        (1) State revenue, loan, treasury reserves and all incomes arising from properties and other benefits entitled to or possessed by the government or State organizations for the benefits of the administration of State affairs;
                        (2) all incomes arising from the operation of, or from properties and other benefits entitled to, possessed by or spent by, State agencies under the provisions of law irrespective of whether it is required to be remitted as State revenue.

                        The spending State funds under (1) by any means other than the enactment of the Annual Appropriations Act or the Supplementary Appropriations Act shall not be made.
                        The imposition that any revenue shall not be remitted as State revenue shall be made only by virtue of law, and the law to impose the exemption under (2) shall clarify the scope and ceiling of such imposition as far as it is not affect the fiscal discipline and, in this case, regards shall be had to the efficiency and worthiness of the spending of State funds as well as necessity of State agency.

                        Section 201.    The expenditure estimates of State shall be made in the form of an Act.  If the Annual Appropriation Act for the following fiscal year is not enacted in time, the law on annual appropriations for the preceeding fiscal year shall apply for the time being.
                        The annual appropriations bill or the supplementary appropriations bill shall compose of annual estimated incomes and expenditures and allocation of budget upon functional and area basis as provided by law.
                        All spending and incurring of debts and fiscal burdens which obliges State funds under section 200 (1) shall be made only if they are prescribed by the Annual Appropriations Act, the Supplementary Appropriations Act, the Transfer of Appropriations Act and the Organic Law on Public Finance and State Budgeting, except for the case under section 203.
                        All spending and incurring of debts and fiscal burdens which obliges State funds under section 200 (2) are subjected to the principle of worthiness, transparency and fiscal discipline under this Chapter and in accordance with the Organic Law on Public Finance and State Budgeting.

                        Section 202.    The House of Representatives shall complete the consideration of an annual appropriations bill, supplementary appropriations bill and transfer of appropriations bill within one hundred and five days as from the date the bill reaches the House of Representatives.
                        If the House of Representatives is unable to complete the consideration of the bill within the period referred to in paragraph one, such bill shall be deemed to have been approved by the House of Representatives and shall be submitted to the Senate.
                        The Senate shall approve or disapprove the bill without any amendment within twenty days as from the date the bill reaches the Senate.  Upon the lapse of such period, such bill shall be deemed to have been approved; in such case and in the case where the Senate approves it, further proceedings under section 156 shall be taken.  If the Senate disapproves the bill, the provisions of section 154 paragraph two shall apply mutatis mutandis.
                        In the consideration of an annual appropriations bill, supplementary appropriations bill and transfer of appropriations bill, a member of the House of Representatives shall not submit a motion to add any item or amount to the bill, but may submit a motion to reduce or abridge the expenditures which are not expenditures under any one of the following obligations:
                        (1) money for payment of the principal of a loan;
                        (2) interest on a loan;
                        (3) money payable in accordance with the law.
                        If any item or amount of the bill has been reduced or abridged, the reduced or abridged amount shall not be allocated to any existing or new item, activity, work plan or project.
                        The State shall allocate adequate budgets for the autonomous administration of the National Assembly, the Courts and Constitutional Organization having duty to examine the exercise of State power.
                        If the National Assembly, the Courts or Constitutional Organization having duty to examine the exercise of State power is of opinion that the allocated budget may be inadequate, it shall submit a motion to the fiscal committee directly together with the status of the off-budget and all other money thereof.  The committee shall allow the organization which submits the motion to give statement for its consideration, and shall extend the amount of budget thereto as necessary and appropriate.

                        Section 203.    The payment of State funds shall be made only when it has been authorised by the law on appropriations, the law on budgetary procedure, the law on transfer of appropriations or the law on treasury balance, except that it may be prepaid in the case of urgent necessity under the rules and procedure prescribed in the Organic Law on Public Finance and State Budgeting.
                         In case of payment of State funds in advance under paragraph one, the expenditure estimates for reimbursement shall be set aside in the Transfer of Appropriation Act, the Supplementary Appropriations Act or the Annual Appropriations Act for the following fiscal year, and the sources of incomes for reimbursement of expenditures paid-up from the treasury balance shall be stated.
                        During the time when the country is in a state of war or armed conflict, the Council of Ministers shall have the power to make an immediate transfer or shift a budget allocated for any government agency or State enterprise to be used for other items different from the provisions of the Annual Appropriation Act and a report shall be made to the National Assembly without delay.
                        In the case of a transfer or shift of budget allocated for any item to be used for other items of any government agency or State enterprise, the Council of Ministers shall report the National Assembly for acknowledgement every six months.

                        Section 204.    A State agency having incomes which are not required to be remitted as State revenue, off-budget and all other money shall report the receipt and expenditure of such money to the Council of Ministers at the end of every fiscal year and the Council of Ministers shall report further to the House of Representatives and the Senate.

                        Section 205.    In the case where there is a reasonable evidence to belief that any person holding political position or State official causes spending of State funds in a manner that be detrimental to the State and a reasonable person should believe so, the Auditor General with approval of the State Audit Commission or the Counter Corruption Commission may conduct investigation and bring the case against such person to the Public Finance and Budgeting Division of the Administrative Court without delay in accordance with the Organic Law thereon.


CHAPTER 6

Relationship among Government Official, Politicians and the People

                       

                        Section 206.    A government official and official of a State agency holding a permanent position or receiving salary and who is not a political official shall not be a political official or a person holding a political position.

                        Section 207.    An appointment of a government official shall be in accordance with merit system.
                         There shall be a Government Official Appointment Committee consisting of seven members whom the King, with advice of the Senate, appoints by selecting from persons having integrity and political impartiality, as follows:
                        (1) two qualified members of the Civil Service Commission whom elected by the Civil Service Commission;
                        (2) three members who are persons having held position of Permanent Secretary of a Minister or head of a State agency equivalent to Permanent Secretary of a Minister, and out of official service whom elected by the persons holding position of Permanent Secretary or head of a State Agency equivalent to Permanent Secretary of a Minister in accordance with the rules and procedure as provided by law;
                        (3) two members whom the chairpersons of ethical committee of all Ministries elected among themselves in accordance with the rules and procedure as provided by law.
                        The Senate shall consider background, behavior and ethical behavior of the persons under paragraph two.  In the case where the Senate is of an opinion that any person is not deserve for the position under paragraph two, the President of the Senate shall return such name list to be re-elected.
                        The members under paragraph three shall elect one among themselves as the Chairperson, and shall then notify the President of the Senate.
                        The President of the Senate shall countersign the Royal Command appointing the Chairperson and members under paragraph two and paragraph three.
                        The Chairperson and members under this section shall hold office for a term of two years as from the date of the appointment by the King, and shall hold office for only one term.
                        The Committee under paragraph two shall have the powers and duties to consider the rotation, transferal or promotion of government official by nominating an appropriate person to the Prime Minister to present to the King for appointment as Permanent Secretary of Ministry and head of State agency equivalent to Permanent Secretary of Ministry, and shall have other powers and duties as prescribed by law.

                        Section 208.    A government official and State official shall have the duty to act in accordance with the Constitution, law and the policies the Council of Minister states to the National Assembly so as to protect public interest, to perform the duties in accordance with good public governance principle, to facilitate and provide service to public swiftly and efficiently, as well as to be politically impartial in the performance of duties and in any other relevant matter.
                        There shall be an assessment of satisfaction of people to the provision of public service of State agencies, government officials and State officials as provided by law.
  
                        Section 209.    Any order in the administration of State affairs shall be made in writing.  In the case of emergency or necessary urgency, such order may be made in verbal, but the person under such order shall make it in written form and submit then it to his superintendent for signature thereafter.  A government official or State official who acts without evidence of the aforesaid order shall be liable personally as provided by law.
                        A government official and State official who refuse to comply with any unconstitutional or unlawful order shall be protected as provided by law.

                        Section 210.    A citizen shall participate in the administration of State affairs as follows:
                        (1) providing information and opinion regarding the administration of State affairs to a person holding political position, government official and State official;
                        (2) participating in the administration of State affair as provided by law;
                        (3) monitoring and examining the performance of duties of government official and State official under section 208.  If it appears that there is a negligence or failure to comply with section 208, a citizen shall have the right to request such government official, State official or his superintendent to clarify and explain reason thereof and to request for the act to be carried out in accordance with the Constitution and law, lodging a complaint or take a legal action, as prescribed by the Constitution and law.


CHAPTER 7

Decentralization and Local Administration

                       

                        Section 211.    Subject to section 1, the State shall, under the local autonomy principle and the needs of local people, provide autonomy to local administrative organization and the form of local administrative organization shall be varies depending on socio-geography of each locality.  The powers, duties and accountabilities shall be decentralized to local administrative organization, and the local administrative organization shall be principal provider of public services within its area, and public participation shall be promoted in decision making for solution of problems thoroughly and effectively as provided by law.
                         If any community or person is capable to provide any public service with better standard, quality and efficiency than that provided by local administrative organization, State or local administrative organization shall allow such community or person to provide that public service under appropriate regulation as provided by law.

                        Section 212.    A local administrative organization composes of a local administrative committee, local administrator or local assembly, and the members thereof shall be elected; provided that, the member of special local administrative organization shall be approved by the people by other means.  A member of local administrative committee, local administrator or local assembly shall do any act without conflict of interest as provided by law.
                        A local administrative organization which is principal provider of public services and in strengthening of security, economic and social of the local people shall have such specific powers and duties as, at least, the powers and duties in relation to the development of quality of life of local people, provision of public utilities and public assistance, natural resources management, promotion and preservation of environmental quality, development of fundamental economy, education and training and promotion of local art and culture.
                        The management of a local administrative organization shall be in accordance with the principles of good governance, and shall be autonomous in the making of its policy, management, provision of public services, human resource management and finance.  In so doing, regards shall be had to balance of autonomy and standard as well as the development of Changwat, region and country as a whole.
                        The size and capacity of each local administrative organization shall be appropriate in order to provide services which are required by the local people effectively and to the greatest extent, and shall provide varieties of public services and shall, for the worthiness, benefit and thoroughness of services, work in collaboration with public sector, private sector and private organization as provided by law.
                        The State, regional administration and local administrative organization shall do work in concert manner for the efficient spending of budget as each has been allocated for the development of the same area and for the accomplishment of any other entrusted mission for the greatest benefit of the people as provided by law.

                        Section 213.    For the purpose of this Chapter, there shall be a local administration law and that law shall increase decentralization of powers, establish organization responsible particularly to decentralization for the accomplishment of decentralization, allocate tax and revenue between State and local administrative organization depending on the powers and duties of each type of local administrative organization and shall have the provisions related to audit and assessment of decentralization.

                        Section 214.    The supervision of local administrative organization shall be conducted legally and necessarily for the protection of benefit of the local people or the country as a whole, and it shall be security of the people from the misuse of powers of local administrative organization, suitable for each form of local administrative organization and inviolable of the local autonomy principle as provided by law.
                        To conduct supervision under paragraph one, the State may:
                        (1) prescribe a common standard to be complied with by local administrative organization and monitor the compliance therewith;
                        (2) conclude contractual plan among the State, regional administration, and local administrative organization;
                        (3) refer a matter to the Administrative Court to decide whether any rule, order, resolution or any other act of local administrator, local assembly or member of local assembly is inconsistent with the Constitution or law;
                        (4) perform any other act as provided by law.

                        Section 215.  The people and community shall have the right to participate with local administrative organization in determining the appropriate form of local administrative organization, changing area of local administration, administrating of locality, conducting referendum at local level, examining the administration, removing of local administrative committee, local administrator or a member of local assembly, or introducing local ordinances as provided by law.
                        Local administrative organization shall have the duty to enhance public participation by, at least, disclosing information, operation and financial budget report and local fiscal condition to public; promoting the Citizen Assembly, organizing public participation in decision making on any undertaking which affects the people as provided by law.
                        For the benefit of public participation under this section, citizen may establish a Citizen Assembly consisting of members with various backgrounds which appropriate to the socio-geography of each area and residing in that locality, and the Citizen Assembly shall participate with local administrative organization in the execution under this section.
                        Composition, qualifications and prohibitions, sources, term of office, mission of Citizen Assembly and other necessary matters shall be provided by law.

                        Section 216.  Personnel resources management of local administrative organization shall be suitable and necessary for each type of local administrative organization.  In this regards, the following shall be proceeded:
                        (1) the officer of local administrative organization shall be local government official or local employee and shall be able to transfer or exchange between various types of local administrative organization;
                        (2) the central organization for personnel resources management of various types of local administration organization shall be established at both national and Changwat level, and it shall consist of four parties with equal number, viz. representatives of relevant agencies, representatives of local administrative organization, representatives of local government official and qualified persons as provided by law; provided that, the special local administrative organization may have its own central personnel administrative organization as provided by law;
                        (3) there shall be a committee for appointment of local government officials in accordance with merit system in each Changwat as provided by law.



N.B. As of April 17, 2015.

©2015 Pakorn Nilprapunt, Chintapun Dungsubutra, Vareerat Ratanaviboonsom and Natthanicha Aneksomboonphol, Office of the Council of State of Thailand <personal copyright>


Remark: This translation has been made within timely limit so as to portray the draft Constitution to foreigners. Any reference shall be made to Thai version.


ไม่มีความคิดเห็น:

แสดงความคิดเห็น