Translation:Administrative Procedure Act 2539 BE
- The Act
- Introductory provisions
- Chapter
Volume 113, Number 60A
Royal Gazette
14 November 2539
Administrative Procedure
Act
2539 BE
Bhumibol Adulyadej R
Given on the 27th day of September 2539 BE
Being the 51th year of the present reign
Phra Bat Somdet Phra Paramin Maha Bhumibol Adulyadej gives a great royal command by which He orders with His pleasure that it be announced as follows:
Whereas it is appropriate to have a law on administrative procedure;
Therefore, by and with the advice and consent of the National Assembly, He orders with His gracious pleasure that the following Act be enacted:
Section1.This Act is called the "Administrative Procedure Act 2539 BE".
Section2.This Act shall come into force upon expiry of one hundred and eighty days from the day following the day of its publication in the Royal Gazette onwards.
Section3.The procedure for the performance of administrative affairs under all laws shall be as herein designated, save where any law designates a specific procedure for the performance of any administrative affair and provides a criterion which guarantees fairness or standard in the performance of a public affair not lower than the criterion herein designated.
The dispositions of paragraph 1 shall not apply to the processes of and periods of time for the filing of appeals or protests as designated by the law.
Section4.This Act shall not apply to—
(1)the National Assembly and the Cabinet;
(2)the institutions exercising specific powers under the Constitution;
(3)the consideration exercised by the Prime Minister or a Minister in the works directly related to the policy;
(4)the trial and adjudication of cases by courts and the carrying out of works by authorities in the course of the trial of cases, the legal execution, and the depositing of property;
(5)the consideration and ruling of petitions and the giving of instructions according to the law on the Council of State;
(6)the carrying out of works in relation to the foreign policy;
(7)the carrying out of works in relation to the public affairs of the military or authorities that participate with the military in performing operational duties of defending and protecting the security of the Kingdom against threats from both inside and outside the Country;
(8)the carrying out of works in the criminal justice process;
(9)the carrying out of activities by religious organisations.
The application of the provisions of this Act to any activities or agencies other than those designated in paragraph 1 may be exempted by a royal decree enacted upon a proposal of the Administrative Procedure Commission.
Section5.In this Act—
"administrative procedure" refers to the preparation and action of an authority for adoption of an administrative order or regulation, and includes any administrative action under this Act;
"administrative proceeding" refers to the preparation and action of an authority for adoption of an administrative order;
"administrative order" refers to—
(1)the exercise by an authority of a power under the law which results in the establishment of a legal relationship between persons, with a view to creating, changing, transferring, reserving, terminating, or producing an effect upon the status of a right or duty of a person, whether permanently or provisionally, such as the giving of an instruction, the giving of permission, the giving of approbation, the ruling of an appeal, the giving of certification, or the granting of registration, but not including the issuance of a regulation;
(2)other matters as designated by ministerial regulations;
"regulation" refers to a royal decree, ministerial regulation, ministerial announcement, local byelaw, rule, regulation, or other provision which is generally applicable without being intended for any specific case or person;
"commission for ruling of disputes" refers to a legally established commission which is organised and invested with a procedure for ruling upon legal rights and duties;
"authority" refers to a person, body of persons, or juristic person that exercises or authorised to exercise an administrative power of the State for the carrying out of any action according to the law, irrespective of whether or not being part of the system of a public service, state enterprise, or other state affair;
"participant" refers to a person who files an application or objects to an application, a person who is subjected or about to be subjected to an administrative order, or a person who has joined an administrative proceeding for the reason that his rights would be affected by the effects of an administrative order.
Section6.The Prime Minister shall be in charge of the execution of this Act and shall have the power to issue ministerial regulations and announcements for the execution of this Act.
Those ministerial regulations and announcements shall come into force upon their publication in the Royal Gazette.
Section7.There shall be a commission called the "Administrative Procedure Commission", composed of a person as the President and the Permanent Secretary for the Office of the Prime Minister, the Permanent Secretary for Interior, the Secretary General of the Cabinet, the Secretary General of the Civil Service Commission, the Secretary General of the Council of State, and not less than five but not more than nine other qualified persons as Members.
The Cabinet shall appoint the President and qualified Members from amongst the persons expert in legal science, public administration science, political science, social science, or administration of public affairs of the State, but they must not be holders of political positions.
The Secretary General of the Council of State shall appoint a Secretary and Assistant Secretaries from amongst the public officials of the Office of the Council of State.
Section8.A Member appointed by the Cabinet shall hold his position for a term of three years. A Member who has retired from his position may be reappointed.
In the case where a Member has retired from his position by rotation but no new Member has yet been appointed, such Member shall perform the duties for the time being until a new Member is appointed.
Section9.Apart from retirement by rotation according to section 8, a Member appointed by the Cabinet retires from his position upon removal by a resolution of the Cabinet or upon any of the causes under section 76.
Section10.The Office of the Council of State shall serve as the secretariat of the Administrative Procedure Commission, which is responsible for administrative works, meeting works, conduct of studies and research, and all activities related to the works of the Administrative Procedure Commission.
Section11.The Administrative Procedure Commission has the following powers and duties:
(1)to monitor, oversee, and provide advice concerning the works carried out by authorities in the execution of this Act;
(2)to provide to authorities counsel concerning the execution of this Act as requested by them, subject to the criteria designated by the Administrative Procedure Commission;
(3)to issue written summonses requiring authorities or any other persons to appear and give explanations or opinions for consideration;
(4)to propose the enactment of royal decrees and issuance of ministerial regulations or announcements in accordance with this Act;
(5)to produce reports concerning the execution of this Act and submit them to the Cabinet from time to time as appropriate, but at least once a year, in order to develop and improve to the performance of administrative affairs by increasing its fairness and efficiency;
(6)others as assigned by the Cabinet or Prime Minister.
Section12.An administrative order must be made by the authority who has the powers and duties therefor.
Section13.The following authorities shall be prohibited from conducting administrative proceedings:
(1)he who is a participant himself;
(2)he who has been engaged or married to a participant;
(3)he who is related with a participant as his ascendant or descendant of whatever degree, or his brother or sister or cousin within the third degree, or his relative by marriage within the second degree;
(4)he who is or used to be a legal representative, or custodian, or representative, or agent of a participant;
(5)he who is a creditor, or debtor, or employer of a participant;
(6)others as designated by ministerial regulations.
Section14.When there occurs a case according 13 or a participant files a challenge stating that any authority falls under section 13, the authority in question shall suspend the proceedings of the matters concerned for the time being and notify his immediate superior in order that the said superior would further give an order thereon.
The filing of a challenge, the consideration of a challenge, and the replacement of the challenged authority with another authority shall be subject to the criteria and procedure designated by a ministerial regulation.
Section15.When there occurs a case according to section 13 or a participant files a challenge stating that a member of any commission having the power to conduct administrative proceedings has the described characteristic, the president of the commission shall convene the commission to consider the cause of the challenge. At such meeting, the challenged member must leave the meeting place after having explained the facts and answered the questions.
If a member of any commission having the power to conduct administrative proceedings is challenged, such commission shall be deemed to be composed of all the other members than the challenged member during the time he has to leave the meeting place.
If the meeting, by the votes of not less than two thirds of the unchallenged members, resolves to permit the challenged member to continue performing the duties, he shall be able to continue performing the duties. The said resolution shall be adopted by secret ballot and shall be final.
The filing of a challenge and the consideration of a challenge shall be subject to the criteria and procedure designated by a ministerial regulation.
Section16.In the case where any other cause than those provided in section 13 involves an authority or member of a commission having the power to conduct administrative proceedings and its serious nature would render an administrative proceeding biased, the authority or member shall be prohibited from conducting such administrative proceeding.
The case under paragraph 1 shall be proceeded with as follows:
(1)if the person in question finds himself fallen under such a case, he shall suspend the proceedings of the matters concerned for the time being and notify his immediate superior or the president of his commission, as the case may be;
(2)if a participant files a challenge stating that the person in question is attacked by such a cause and the person does not find himself attacked thereby, he may continue the proceedings of the matters concerned but he must notify his immediate superior or the president of his commission, as the case may be;
(3)the superior of the person in question or the commission having the power to conduct administrative proceedings of which he is a member, as the case may be, shall issue without delay an order or resolution as to whether or not he has the power to conduct administrative proceedings for the matters concerned.
The provisions of section 14, paragraph 2, and section 15, paragraph 2, paragraph 3, and paragraph 4, shall apply mutatis mutandis.
Section17.Any acts done by an authority or member of a commission having the power to conduct administrative proceedings before the proceedings in question are suspended in accordance with section 14 or section 16 shall not become invalid, but if it is found appropriate, the authority replacing the challenged authority or the commission having the power to conduct administrative proceedings, as the case may be, may renew any part thereof.
Section18.The provisions of section 13 through section 16 shall not apply in the case of urgent need where a delay would bring about damage to the public interest or irreparable damage to a right of a person, or where no other authority may replace the person in question.
Section19.If it later appears that any authority or member of a commission having the power to conduct administrative proceedings has been removed from his position due to lacking a qualification, or being attacked by a disqualification, or having been appointed unlawfully, this removal does not affect any acts performed by him by virtue of his powers and duties.
Section20.The immediate superior according to section 14 and section 16 shall include the person invested by the with the power of supervision or oversight if the authority in question has no direct superior, and the Prime Minister if the authority in question is a Minister.
Section21.A natural person, body of persons, or juristic person may become a participant to an administrative proceeding to the extent that his [or its] rights are affected or would be affected unavoidably.
Section22.A person capable of acting in an administrative proceeding must be—
(1)a person who has attained majority;
(2)a person who is capacitated to act in designated matters by a specific legal provision, even though he has not yet attained majority or his capacity is limited by the Civil and Commercial Code;
(3)a juristic person or body of persons according to section 21, as the case may be, by acting through a representative or agent;
(4)a person who is capacitated to act in designated matters by an announcement of the Prime Minister or person authorised by the Prime Minister as published in the Royal Gazette, even though he has not yet attained majority or his capacity is limited by the Civil and Commercial Code.
Section23.In an administrative proceeding which requires a participant to appear before an authority, the participant has the right to bring his own attorney-at-law or counsel into the administrative proceeding.
Any acts done by the attorney-at-law or counsel before the participant shall be deemed to have been done by the participant, save where the participant raises an objection at that time.
Section24.A participant may, in written form, appoint any person who has attained majority to do any designated acts in an administrative proceeding on his behalf. In this respect, the authority may conduct the administrative proceeding with the participant only when the participant has the duty to do the act in question in person and the appointee has been notified thereof.
Section25.In the case where an application is filed by more than fifty joint signatories or more than fifty participants file applications containing identical or similar texts, if any person is mentioned therein as their agent or could be understood therefrom to be as such, the person thus named shall be deemed the joint agent of those participants.
In the case where more than fifty participants apply for the same administrative order without designating any person as their joint agent according to paragraph 1, the authority in charge of those matters shall appoint the person approved by the majority of the participants as their joint agent. In this case, section 24, paragraph 2 and paragraph 3, shall apply mutatis mutandis.
The joint agent under paragraph 1 or paragraph 2 must be a natural person.
A participant may revoke the agency at any time, but he must notify the authority in writing and continue to carry out any acts in the administrative proceeding in person.
The joint agent may revoke the agency at any time, but he must notify the authority in writing and must also notify all the participants.
Section26.A document filed with an authority must be made in the Thai language. If the document is made in a foreign language, the participant shall provide within a period of time designated by the authority a Thai translation which is certified to be correct. In this case, the said document shall be deemed to be filed with the authority on the day the authority receives the translation, save where the authority accepts the document in the foreign language, in which case the day the document in the foreign language is filed shall be deemed to be the day the authority receives the document.
The certification of the correctness of a Thai translation or the acceptance of a document made in a foreign language shall be subject to the criteria and procedure designated by a ministerial regulation.
Section27.The authority shall notify the participants of the rights and duties in the administrative proceeding as necessary for the case.
If an application or statement is defective or contains an illegible or erroneous text which is clearly seen to have been caused by ignorance or negligence of a participant, the authority shall advise the participant to amend it correctly.
Section28.In conducting an administrative proceeding, an authority may examine the facts as appropriate for the matters concerned, without being bound by the applications or evidence of the participants.
Section29.The authority must consider the evidence which he finds necessary for proving the facts. This shall include following actions:
(1)to search for all the relevant evidence;
(2)to hear evidence, explanations, or opinions from participants or from witnesses or expert witnesses adduced by participants, save where the authority finds that the adduction is unnecessary, beyond necessity, or dilatory;
(3)to request facts or opinions from participants, witnesses, or expert witnesses;
(4)to request possessors of documents to send relevant documents;
(5)to go inspect places.
The participants must cooperate with the authority in proving the facts and have the duty to notify the authority of the evidence known to them.
The witnesses or expert witnesses summoned by the authority to give statements or opinions have the right to receive conduct money according to the criteria and procedure designated by a ministerial regulation.
Section30.In the case of an administrative order which may affect a right of a participant, the authority must give the participant an opportunity to sufficiently learn the facts and to present his own protest and evidence.
The dispositions of paragraph 1 shall not apply in the following cases, save where the authority finds it appropriate to do otherwise:
(1)in the case of urgent need where a delay would bring about serious damage to any person or would affect the public interest;
(2)in the case where a period of time designated by a law or regulation for the administrative order would be delayed;
(3)in the case where the facts in question have been provided in the application, testimony, or statement by the participant himself;
(4)in the case where it is obvious in itself that the said opportunity cannot be granted;
(5)in the case of a measure for administrative execution;
(6)in other cases as designated by ministerial regulations.
No authority shall grant the opportunity under paragraph 1 if it would bring about serious damage to the public interest.
Section31.A participant has the right to apply for inspection of the documents which he needs to know for the presentation of a protest or explanation or the protection of his rights, but if the administrative order concerned has not yet been formulated, the participant has no right to apply for inspection of the documents forming the draft ruling.
Inspection of documents, costs of inspection of documents, and copying of documents shall be subject to the criteria and procedure designated by a ministerial regulation.
Section32.The authority may prohibit the inspection of documents or evidence if they are required to be kept secret.
Section33.For the purpose of providing convenience to the people and for the cost-effectiveness and efficiency of the work of the State, the Cabinet shall lay down rules designating criteria and procedure governing the fixation by authorities of time limits for administrative proceedings as appropriate for each case, in so far as this is not contrary or repugnant to the laws or regulations thereon.
In the case that any work requires to be considered by more than one authority, the authorities concerned have the duty to coordinate with each other in fixing time limits for the carrying out thereof.
Section34.An administrative order may be made in written or oral form or in other form of meaning expression, but it must contain texts or meanings which are clear enough to understand.
Section35.In the case that an administrative order is made orally, if the recipient of such order makes a request on appropriate grounds within seven days from the day of making the order, the authority issuing the order must confirm the order in writing.
Section36.An administrative order made writing must at least contain the day, month, and year of its making, the name and position of the authority making it, as well as the signature of the authority making it.
Section37.An administrative order made writing and a written confirmation of an administrative order must also be furnished with a statement of reasons and such statement of reasons must at least consist of—
(1)the material facts;
(2)the cited laws;
(3)the issues considered in and the issues supporting the exercise of discretion.
The Prime Minister or person authorised by the Prime Minister may publish in the Royal Gazette a requirement that certain types of administrative orders be furnished with a statement of reasons, which may be included in those orders themselves or annexed to them.
The provisions of paragraph 1 shall not apply to the following cases:
(1)the effects resulted are as applied for and do not affect the rights and duties of other persons;
(2)the reasons are generally known and need not to be specified anymore;
(3)secrecy has to be observed in accordance with section 32;
(4)the administrative order is issued orally or urgent need is present, but a statement of reasons must be given in writing within a reasonable time when it is requested by the person subjected to the order;
Section38.The provisions of section 36 and section 37, paragraph 1, shall not apply to the administrative orders designated by ministerial regulations in accordance with the criteria, procedure, and conditions designated by ministerial regulations.
Section39.In issuing an administrative order, an authority may designate any conditions in so far as they are necessary for achieving the objectives of the law, save where the law otherwise limits his discretion.
The conditions designated in accordance with paragraph 1 shall include the following conditions designated as appropriate for the case:
(1)a requirement that a right or obligation commence or conclude at any time;
(2)a requirement that the commencement or conclusion of a right or obligation depend upon an uncertain event in the future;
(3)a reservation of the right to cancel the administrative order;
(4)a requirement that the beneficiary do or refrain from doing anything or bear or accept certain obligations or responsibilities, or a statement establishing, changing, or making additions to the said requirement.
Section40.An administrative order against which an appeal or protest can be filed shall also mention the cases in which the appeal or protest can be filed, the filing of the appeal or protest, and the period of time for filing the appeal or protest.
In the case that the provisions of paragraph 1 are violated, the period of time for filing the appeal or protest shall be recounted from the day the notification of the criteria under paragraph 1 is received, but if no notification is made and the said period of time is shorter than one year, it shall be extended to one year from the day the administrative order is received.
Section41.The fact that an administrative order has been issued in violation of or without compliance with the following criteria does not cause the administrative order to be imperfect:
(1)the administrative order has been issued without anyone applying for it when no authority can initiate it without anyone applying for it: if an application is subsequently filed;
(2)the administrative order has to be furnished with a statement of grounds in accordance with section 37, paragraph 1: if the said statement is subsequently provided;
(3)the required hearing of the participants has been carried out imperfectly: if a perfect hearing is subsequently held;
(4)the administrative order requires prior approval of another authority: if the authority subsequently gives the approval.
When paragraph 1(1), (2), (3), or (4) has been observed and the authority making the administrative order intends to retain the effects of the original order, he shall note the facts and his intention down in the original order or annex the note thereto and must also notify the participants of such intention in writing.
As regards (2), (3), and (4), they must be observed before the conclusion of the appellate proceedings according to Part 5 of this Chapter or the specific law thereon, or if no appeal is required, before the administrative order is brought into the consideration of the person having the power to consider and rule upon its correctness.
Section42.An administrative order shall become effective against a person from the time he is notified thereof.
An administrative order shall remain effective for as long as it is not revoked or does not conclude for reasons of time or for other reasons.
When an administrative order concludes, the authority shall have the power to summon the possessor of any document or other object created in connection with the making of the said administrative order and bearing a text or symbol showing the existence of such administrative order to return it or, when it is subject to his ownership, bring it before the authority to further be marked with a symbol showing its conclusion.
Section43.An administrative order containing insignificant errors or mistakes may be amended by an authority at any time.
When an administrative order is amended in accordance with paragraph 1, the relevant persons must be notified as appropriate for the case. In this event, the authority may demand a relevant person to send the administrative order or any document or other object created in connection with the making of the said administrative order for the amendment.
Section44.Subject to section 48, in the case that any administrative order is not issued by a Minister and there is no law designating a specific appellate process within the administrative sector, a participant may lodge an appeal against the administrative order by filing his appeal with the authority making the administrative order within fifteen days from the day he is notified of the said order.
The appeal must be made in writing and specify the points of the protest and the facts or laws cited also.
The appeal does not result in a stay of the execution of the administrative order, save where the stay is ordered in accordance with section 56, paragraph 1.
Section45.The authority under section 44, paragraph 1, shall consider the appeal and notify the appellant without delay, but not later than thirty days from the day he receives the appeal. In the case that he agrees with the appeal, whether in whole or in part, he shall change the administrative order in accordance with his opinion within the same time limit.
If the authority under section 44, paragraph 1, disagrees with the appeal, whether in whole or in part, he shall, within the time limit under paragraph 1, quickly report his opinion and the reasons therefor to the person having the power to consider the appeal. The person having the power to consider the appeal shall finish considering the appeal within thirty days from the day he receives the report. If necessity prevents him from finishing the consideration within the said period of time, he shall notify the appellant in writing before the fulfilment of such time limit. In this case, the period of time for considering the appeal shall be extended not more than thirty days from the day the said time limit is fulfilled.
Which of the authorities shall have the power to consider the appeal according to paragraph 2 shall be designated by a ministerial regulation.
The provisions of this section shall not apply to the cases which are otherwise designated by a specific law.
Section46.In considering an appeal, the authority shall be able to review the administrative order, whether in respect of the questions of fact or law or in respect of the appropriateness of the making of the administrative order, and may order the original administrative order to be revoked or changed in any manner, whether by increasing or decreasing a burden, by exercising discretion on behalf [of the relevant person] as to the appropriateness of the making of the administrative order, or by designating any conditions.
Section47.When the law requires an appeal pertaining to any affair to be filed with an authority which is a commission, the limits of the appellate proceedings shall be in accordance with with the law on such affair and the proceedings shall follow the provisions of this Chapter 2 to the extent not contrary or repugnant to the said law.
Section48.As regards an administrative order of any commission, whether or not it be established by the law, a participant shall have the right to file a protest on both the points of fact and the points of law with the Commission for Ruling of Petitions according to the law on the Council of State within ninety days from the day he is notified of the order. However, if the commission in question is a commission for ruling of disputes, the right to file an appeal and the time limit for the appeal shall be as designated by the law on the Council of State.
Section49.An authority or his superior may revoke an administrative order in accordance with the criteria under section 51, section 52, and section 53, irrespective of whether or not the process designated by this law or other law for an appeal or protest has already been gone through.
Revocation of a beneficial administrative order must be done within ninety days from the awareness of the cause for which the administrative order may be revoked, save where the administrative order has been made as a result of false pretences or concealment of the facts which should be told clearly, or threat, or inducement by unlawful provision of any property or other benefit.
Section50.An unlawful administrative order may be revoked in whole or in part, either with retroactive effect or with effect for the future up to any time as may be designated. But if the order benefits a beneficiary, its revocation must follow the provisions of section 51 and section 52.
Section51.In revoking an unlawful administrative order which provides for money or for divisible property or benefit, regard shall be had to the honest belief of the beneficiary in the continued existence of the administrative order and to the public interest as well.
The honest belief under paragraph 1 shall enjoy protection only when the recipient of the administrative order has utilised the benefit accruing from the administrative order or has made financial arrangements which he can no longer rectify or change or can change only by suffering immoderate damage.
In the following cases, the recipient of the administrative order shall be prohibited from claiming the honest belief:
(1)he made false pretences or concealed the facts which should be told clearly, or exercised threat, or committed inducement by unlawful provision of any property or other benefit;
(2)he gave materially incorrect or incomplete information;
(3)he was aware of the unlawfulness of the administrative order at the time of receiving the administrative order or he was unaware thereof due to serious negligence.
In the case of revocation with retroactive effect, the return of the money, property, or benefit obtained by the recipient of the administrative order shall be governed mutatis mutandis by the provisions of the Civil and Commercial Code on unjust enrichment, in respect of which the recipient of the administrative order shall be deemed to be in bad faith from whatever time he becomes aware of the unlawfulness of the administrative order or should have become aware thereof if without serious negligence. In addition, in the case under paragraph 3, he must be liable for the return of the obtained money, property, or benefit in full.
Section52.An administrative order which is unlawful and is not subject to section 51 may be revoked in whole or in part, but the person affected by the said administrative order has the right to be compensated for the damage suffered as a result of the honest belief in the continued existence of the administrative order and the dispositions of section 51, paragraph 1, paragraph 2, and paragraph 3 shall apply mutatis mutandis. However, he must request the compensation within one hundred and eighty days from the time he is notified of the revocation.
The compensation for the damage according to this section must not be higher than the benefit he would have received had the said administrative order not been revoked.
Section53.A lawful administrative order which is not beneficial to its recipient may be revoked in whole or in part, either with immediate effect from the time of the revocation or with effect for the future up to any time as may be designated, save where an administrative order of like content would have to be made again or where revocation is not allowable for other reasons. In this respect, regard shall be had to the interest of a third party also.
A lawful administrative order which is beneficial to its recipient may be revoked in whole or in part, either with immediate effect from the time of the revocation or with effect for the future up to any time as may be designated, in the following cases only:
(1)the revocation is allowed by the law or the right of revocation is reserved in the administrative order itself;
(2)the administrative order contains a requirement with which the beneficiary had to comply but failed to comply within the time limit designated;
(3)there is a change in the facts and circumstances which, had they existed at the time of making the administrative order, would have prevented the authority from making the administrative order, and failure to revoke the order would damage the public interest;
(4)there is a change in a provision of law which, had it existed at the time of making the administrative order, would have prevented the authority from making the administrative order; however, revocation can be made in this case only in so far as the beneficiary has not utilised or received the benefit from the said administrative order and failure to revoke it would damage the public interest;
(5)there might be serious damage to the public interest or to the people, which needs to be prevented or eliminated.
In the case that an administrative order is revoked for the cause under paragraph 2(3), (4), or (5), the beneficiary has the right to be compensated for the damage accruing from the honest belief in the continued existence of the administrative order, and section 52 shall apply mutatis mutandis.
In the following cases, a lawful administrative order which provides for money or for divisible property or benefit may be revoked in whole or in part, whether with or without retroactive effect or with effect for the future up to any time as may be designated:
(1)the objectives of the administrative order have not been implemented or have been implemented in a delayed manner;
(2)the beneficiary failed to fulfil the conditions of the administrative order or fulfilled them in a delayed manner.
In this respect, the dispositions of section 51 shall apply mutatis mutandis.
Section54.In the following cases, the authority may, upon application by a participant, revoke or amend an administrative order which has gone over the time limit for appeal according to Part 5:
(1)new evidence is obtained which would cause a material change to the facts conclusively established;
(2)the actual participants have not joined the administrative proceedings or have joined the previous proceedings but were unfairly deprived of the opportunity to participate therein;
(3)the authority has no power to make the administrative order in question;
(4)if the administrative act has been issued by virtue of any fact or law and the material parts of such fact or law have subsequently changed in a manner likely to favour the participant.
An application can be made in accordance with paragraph 1(1), (2), or (3) only when the participant was not aware of such cause during the previous proceedings without fault on his part.
An application for resumption of proceedings must be made within ninety days from the time the person in question becomes aware of the cause which may ground the application.
Section55.Administrative execution shall not be applied by one authority to another, save where the law otherwise designates.
Section56.The authority making an administrative order has the power to consider and apply measures for administrative execution according to the provisions of this Part so as to implement his order, save where a stay of the execution has been ordered by such authority himself, by the person having the power to consider appeals, or by the person having the power to consider and rule upon the correctness of such administrative order.
The authority under paragraph 1 may authorise a subordinate authority or other authority to do so according to the criteria and procedure designated by ministerial regulations.
The authority under paragraph 1 or paragraph 2 shall apply the measures for administrative execution only to the extent necessary for the administrative order to achieve its objectives, so that the person subjected to the administrative order would be affected as least as possible.
Section57.As regards an administrative order that requires any person to make a monetary payment, if the payment has not been made correctly and completely despite having been due, the authority shall warn such person in writing in order that he would make the payment within a period of time designated, which must not be less than seven days. If the warning has not been complied with, the authority may apply a measure for administrative execution by seizing or attaching his property and selling it at public auction to completely satisfy the payment.
The procedure for the seizure, attachment, and sale of property shall follow the Civil Procedure Code mutatis mutandis, whilst the person having the power to order the seizure, or attachment, or sale shall be designated by a ministerial regulation.
Section58.As regards an administrative order that requires an act to be done or omitted, if the person subjected to the administrative order violates or fails to comply with the order, the authority may apply any of the following measures for administrative execution:
(1)the authority carries out the action himself or authorises another person to do so on his behalf, with the person subjected to the administrative order being obliged to pay the authority the costs and a surcharge at the rate of twenty-five per cent per year of the said costs;
(2)an administrative fine is imposed in an amount appropriate for the situation, but not over twenty thousand baht per day.
The authorities at which level shall have the power to impose administrative fines in what amount and for what cases shall be designated by ministerial regulations.
In the case that urgent execution is required for prevention of a breach of a law which carries a criminal punishment or prevention of damage to the public interest, the authority may apply the measure for administrative execution without having to issue an administrative order requiring an act to be done or omitted first. However, this must be done to the extent appropriate for the situation and not beyond the scope of his powers and duties.
Section59.Prior to applying a measure for administrative execution according to section 58, the authority must issue written warning requiring the act according to the administrative order to be done or omitted within a period of time designated as appropriate for the case. The said warning may be issued together with the administrative order.
Such warning must specify—
(1)the measure for administrative execution clearly, but no more than one measure shall be designated on the same occasion;
(2)the costs of the actions carried out by the authority himself or through another person as may be authorised, or the amount of the administrative fine, as the case may be.
The costs designated in the warning shall not prejudice the right to demand additional costs, if more costs than those designated are actually incurred.
Section60.The authority must apply the measure for administrative execution designated in the warning under section 59. The measure may be changed only when it appears that the measure so designated cannot achieve its objectives.
If the person subjected to the administrative order offers resistance or obstruction to the administrative execution, the authority may employ forces to implement the measure for administrative execution, but this must be done to the extent appropriate for the case. In the case of necessity, the authority may seek assistance from police officers.
Section61.In the case of nonpayment of an administrative fine, the authority shall proceed with it in accordance with section 57.
Section62.A person to whom a measure for administrative execution is applied may file an appeal against such administrative execution.
An appeal against administrative execution shall follow the same criteria and procedure as those for an appeal against an administrative order.
Section63.If any provision of law has established a specific measure for administrative execution but an authority finds that such measure is likely to bring about less effect than any measure under this Chapter, the authority may apply a measure under this Chapter instead.
Section64.When a time limit is designated in days, weeks, months, or years, the first day thereof shall not be included in calculation, save where the act in question is commenced on that very day or an authority otherwise designates.
In the case that an authority has the duty to carry out any act within a designated period of time, the last day thereof shall be included in calculation, even though it is his holiday.
In the case that any person has to do anything within a period of time designated by the law or by an order of an authority, if the last day is a holiday for an authority or is a conventional holiday for the recipient of the order, the period of time shall be deemed to conclude on the working day that follows such holiday, save where the law or an order of an authority otherwise designates.
Section65.A period of time designated in an order of an authority may be extended, and if the period of time has already concluded, the authority may also give it a retroactive extension when it would be unfair to let it conclude as it originally would.
Section66.In the case that any person is prevented, by necessary circumstances arising not out of his fault, from doing anything within a period of time designated by the law, an authority may, upon his application, extend the period of time and renew any action which has already lapsed. In this respect, the application must be filed within fifteen days from the conclusion of those circumstances.
Section67.When an appeal has been made in accordance with the provisions of Part 5 of Chapter 2 of this Act or an application has been filed with a commission for ruling of disputes or with the Commission for Ruling of Petitions under the law on the Council of State so as to have it ruled upon, limitation shall be interrupted and shall not be counted during such time until the consideration is finalised or otherwise terminated. But if it is terminated because the application is withdrawn or abandoned, the limitation governing the claim of the applicant shall be deemed to have never been interrupted at all.
Section68.The provisions of this Chapter shall not apply to the notification which cannot be made in oral or written form or is furnished with a different procedure by the law.
In the case that an administrative order is made known in a different form of meaning expression as designated by a ministerial regulation, it shall become effective upon being notified.
Section69.The notification of an administrative order, schedule of a proceeding, or other matter which an authority is required to make to a relevant person may be made in oral form, but if such person wishes to have it made in written form, the notification shall be made in written form.
In making a notification in written form, the written notification shall be sent to such person. If sent to his domicile, the notification shall be deemed received at the time of its arrival.
When an address has been given to an authority for the carrying out of any action, a notification made to such address shall be deemed to have been made to his domicile.
Section70.As regards a written notification delivered through a messenger, if the recipient refuses to accept it or is not found at the time of the delivery and if it is delivered to any person who has attained majority and is present or working at that place or, in the case of refusal, it is placed or posted up at an easily seen spot at that place in the presence of an authority designated by a ministerial regulation who is in attendance as a witness, it shall be deemed to have been received.
Section71.A notification sent through a postal service with advice of receipt shall be deemed received upon fulfilment of the period of seven days from the day it is sent, in the case of domestic delivery, or upon fulfilment of the period of fifteen days from the day it is sent, in the case of international delivery, save where it is successfully proved that the notification has never been received or was received therebefore or thereafter.
Section72.In the case that there are more than fifteen recipients, the authority may inform them at the commencement of the proceedings concerned that notifications will be made to them by means of posting up at the office of the authority and at the offices of the districts where they are domiciled. In this event, the notifications shall be deemed received upon expiry of the period of fifteen days from the day the said means of notification is employed.
Section73.In the case that the recipient is not known, or the recipient is known but his domicile is not known, or the recipients and their domiciles are known but the recipients are more than one hundred in number, notification may be in writing by publishing it in newspapers circulated in the locality. In this case, the notification shall be deemed received upon expiry of the period of fifteen days from the day the said means of notification is employed.
Section74.In the case of urgent need, an administrative order may be notified by means of sending through a facsimile machine, but there must be evidence of such sending from the agency which provided the telecommunications service through which the facsimile was sent and the actual administrative order must be sent by any of the methods under this Chapter to the recipient as soon as possible. In this case, the recipient shall be deemed to have received the written notification of the administrative order on the day and at the time shown in the said evidence of the telecommunications service providing agency, save where it is successfully proved that the order has never been received or was received therebefore or thereafter.
Section75.Appointment of a member who is a qualified person shall be done by identifying the person.
Section76.Apart from retirement by rotation, a member retires from his position upon—
(1)death;
(2)resignation;
(3)being a bankrupt;
(4)being an incompetent or quasi-incompetent person;
(5)being punished with imprisonment by a final judgment of imprisonment, save where it is for a petty offence or offence committed through negligence;
(6)occurrence of a cause for which he should retire from his position before the fulfilment of his term, according to the law concerned.
Section77.In the event that a member retires from his position before the fulfilment of his term, the person having the power of appointment may appoint a different person to replace him as a member and the person appointed to the position as a replacing member shall be in the position for the remaining term of the replaced person.
In the case that an additional member is appointed whilst the term of the previously appointed members is still running, the additionally appointed member shall be in the position for the remaining term of the previously appointed members.
Section78.Subject to section 76, no member of a commission for ruling of disputes shall be removed from his position before the fulfilment of his term, save in the cases of gross neglect of duty or serious misconduct.
Section79.Subject to section 15, paragraph 2, a meeting of a commission must be attended by at least one half of the members in order to establish a quorum, save where a provision of the law, or regulation, or order which establishes such commission designates otherwise.
In the case that the number of the members is sufficient to establish a quorum but the matter to be considered is one which has been adjourned on account of a lack of quorum, if it is a meeting of any other commission than a commission for ruling of disputes, and the matter in question has been scheduled to be reconsidered within fourteen days from the day of the adjourned meeting, and this subsequent meeting is attended by not less than one third of the total number of the members, it shall be deemed that a quorum is established, but the intention to bring about the effect under these provisions must also be specified in the meeting scheduling letter.
Section80.Meetings shall follow the agendas designated by the commission.
The scheduling of a meeting must be made in writing and notified to every member not less than three days in advance, save where the member in question has already been informed of the schedule at a meeting, in which case scheduling letters may only be issued to the members that did not attend such meeting.
The provisions of paragraph 2 shall not apply in the case of urgent need, in which the president of the commission may schedule a meeting in a different manner.
Section81.The president of a commission has the power and duty to conduct meetings, and in order to maintain order at a meeting, the president shall have the power to issue any orders as necessary.
If the president is absent from a meeting or is unable to perform his duties, the vice president shall act in his stead. If there is no vice president or there is one but he is unable to perform the duties, the members attending the meeting shall select one amongst themselves to act instead.
In the case that the president has the duty to do any other thing than conducting a meeting, the dispositions of paragraph 2 shall apply mutatis mutandis.
Section82.The adoption of a resolution by a meeting shall be based upon the majority of votes.
In voting, one member shall have one vote. If the votes are tied, the president of the meeting shall give one additional vote as the casting vote.
If any matter is objected by no one, the president shall ask the meeting if there is any other opinion. If there is no other opinion, the meeting shall be deemed to have adopted a resolution in favour of the matter.
Section83.In holding a meeting, written minutes of the meeting must be kept.
If there is a dissenting opinion, the dissenting opinion and the reasons therefor shall be recorded in the minutes, and if members in the minority submit dissenting opinions in writing, those dissenting opinions shall also be recorded.
Section84.A ruling of a commission for ruling of disputes must contain the signatures of the members of the commission who make it.
If any member has a dissenting opinion, he shall have the right to express his dissenting opinion and include it in the ruling.
Section85.The Rules of the Office of the Prime Minister on the Performance of Public Affairs by State Agencies in the Interest of the People 2532 BE shall be deemed to be the rules laid down by the Cabinet in accordance with section 33 of this Act.
Section86.All the applications for administrative orders received by authorities before the coming into force of this Act shall be considered by the authorities in accordance with the criteria designated by the laws or regulations governing them.
Section87.Once administrative courts have been established, the provisions of section 48 shall be repealed.
Banharn Silpa-archa
Prime Minister
Note: The reasons for the promulgation of this Act are as follows: Due to the current lack of suitable criteria and processes governing the carrying out of administrative works, it is appropriate to establish criteria and processes for the carrying out of administrative works in order that the works be correctly carried out in accordance with the law, the law be enforced in an efficient manner for the sake of the maintenance of the public interest and the provision of fairness to the people, and corruption and misconduct in the public sector be prevented as well. It is therefore necessary to enact this Act.
This work is a translation and has a separate copyright status to the applicable copyright protections of the original content.
| Original: |
This work is in the public domain worldwide because it originated in Thailand and is a work under section 7(2) of Thailand's Copyright Act, 2537 BE (1994) (WIPO translation), which provides:
Public domainPublic domainfalsefalse |
|---|---|
| Translation: |
I, the copyright holder of this work, hereby release it into the public domain. This applies worldwide. In case this is not legally possible: I grant anyone the right to use this work for any purpose, without any conditions, unless such conditions are required by law.
Public domainPublic domainfalsefalse |
