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.
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