Act Establishing Changwat Bueng Kan, BE 2554 (2011)

Act Establishing Changwat Bueng Kan, BE 2554 (2011) by the Government of Thailand, translated by Wikisource

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Act

Establishing Changwat Bueng Kan,

BE 2554 (2011)

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Bhumibol Adulyadej, R.

Given under our Hand this 11th Day of March, BE 2554 (2011);

Being the 66th Year of our Reign.

Phra Bat Somdet Phra Paraminthra Maha Bhumibol Adulyadej pleased to proclaim that:

Whereas it is desirable to establish Changwat Bueng Kan;

Be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the National Assembly, as follows:

§ 1

This Act shall be cited as the "Act Establishing Changwat Bueng Kan, BE 2554 (2011)".

§ 2

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

§ 3

Amphoe Bueng Kan, Amphoe Seka, Amphoe So Phisai, Amphoe Bung Khla, Amphoe Bueng Khong Long, Amphoe Pak Khat, Amphoe Phon Charoen and Amphoe Si Wilai shall be separated from the administration of Changwat Nong Khai to constitute Changwat Bueng Kan, assuming their territories existing on the date of coming into force of this Act.

§ 4

Amphoe Bueng Kan shall be renamed to Amphoe Mueang Bueng Kan.

§ 5

All affairs, property, obligations, rights and budgets of Changwat Nong Khai in relation to the Amphoes set forth in section 3 shall be transferred to Changwat Bueng Kan.

§ 6

There shall be established a Bueng Kan Provincial Administrative Organisation, having the same territorial jurisdiction as Changwat Bueng Kan.

§ 7

All affairs, property, obligations, rights, annual budgets and additional budgets of the Nong Khai Provincial Administrative Organisation in respect of the Amphoes set forth in section 3 shall be transferred to the Bueng Kan Provincial Administrative Organisation.

§ 8

All bylaws, rules, regulations, announcements and orders of the Nong Khai Provincial Administrative Organisation which are in force on the date of coming into force of this Act shall become those of the Bueng Kan Provincial Administrative Organisation until amendment.

§ 9

All duties with respect to taxation, registration and others which have been carried out in the Amphoes set forth in section 3 shall be executed as before in the meantime, until any different instruction is given. The proceeds collected from the Amphoes mentioned in section 3 as from the date of coming into force of this Act shall be delivered to Changwat Bueng Kan.

§ 10

For the purpose of election pursuant section 109 (1) of the Constitution of the Kingdom of Thailand, the members of the House of Representative having been elected in the Constituency 2 of Changwat Nong Khai prior to the date of coming into force of this Act shall be deemed to have been elected in Changwat Bueng Kan, whilst those having been elected in the Constituency 1 of Changwat Nong Khai before the date of coming into force of this Act shall be regarded as having been elected in Changwat Nong Khai.

§ 11

The councillors of the Nong Khai Provincial Administrative Organisation in relation to the Amphoes set forth in section 3 who are incumbent on the date of coming into force of this Act shall become those of the Bueng Kan Provincial Administrative Organisation and shall vacate their offices pursuant to the tenure of the Nong Khai Provincial Administrative Organisation.

Pending election of the members of the Nong Khai Provincial Administrative Organisation and of the Bueng Kan Provincial Administrative Organisation to fill vacancies pursuant to paragraph 3, the Councils of the Nong Khai Provincial Administrative Organisation and of the Bueng Kan Provincial Administrative Organisation shall consist of the existing councillors mentioned in paragraph 1. The Council of the Nong Khai Provincial Administrative Organisation or of the Bueng Kan Provincial Administrative Organisation for want of its Chairperson and Vice Chairpersons shall select its members to serve as its Chairperson and Vice Chairpersons in the meantime.

An election of the councillors of the Nong Khai Provincial Administrative Organisation and of the Bueng Kan Provincial Administrative Organisation shall be held to fill vacancies according to the law on provincial administrative organisation within one hundred and twenty days as from the date of coming into force of this Act, save where the remaining tenure of the Council of Nong Khai Provincial Administrative Organisation is less than one hundred and eighty days. The councillors of both Provincial Administrative Organisations who are to be elected as said shall hold offices according to the tenure of the Council of Nong Khai Provincial Administrative Organisation.

In electing the councillors of the Nong Khai Provincial Administrative Organisation and of the Bueng Kan Provincial Administrative Organisation, the constituencies shall still be determined by Amphoe areas, until the councillors of both Provincial Administrative Organisations vacate their offices pursuant to the tenure of the Council of Nong Khai Provincial Administrative Organisation or until any of both Councils is dissolved. The eligible voters shall be entitled to vote for the candidates according to the vacancies existing in relation to their Amphoes. In this respect, the elections shall be organised in conformance with the rules and procedure determined by the Election Commission.

§ 12

Within one hundred and twenty days as from the date of coming into force of this Act, an election shall be held to obtain a Chairperson of the Bueng Kan Provincial Administrative Organisation in connection with the law on provincial administrative organisation.

Pending election of Chairperson of the Bueng Kan Provincial Administrative Organisation under paragraph 1, the Secretary of the Nong Khai Provincial Administrative Organisation shall act as the Secretary of the Bueng Kan Provincial Administrative Organisation and as the Chairperson of the same also, in order that the election of Chairperson of the Bueng Kan Provincial Administrative Organisation and the election of the councillors of the same, as well as any other necessary acts, would be carried out smoothly in the meantime until the result of the election of Chairperson of the Bueng Kan Provincial Administrative Organisation under paragraph 1 is announced.

§ 13

Pending appointment of the Commission of Provincial Administrative Organisation Officers, the Commissions of Municipal Officials and the Commission of Tambon Officials in respect of Changwat Bueng Kan; the Commission of Provincial Administrative Organisation Officers, the Commissions of Municipal Officials and the Commission of Tambon Officials in respect of Changwat Nong Khai shall act as those of Changwat Bueng Kan in the meantime.

All criteria, conditions, rules and resolutions with respect to local personnel administration by the Commission of Provincial Administrative Organisation Officers, the Commissions of Municipal Officials and the Commission of Tambon Officials in relation to Changwat Nong Khai which are in force on the date of coming into force of this Act shall govern Changwat Bueang Kan also, until amendment.

§ 14

The Minister of Interior shall be in charge of this Act.

Countersigned by:

Abhisit Vejjajiva,

Prime Minister.

Statement of Grounds

The grounds for promulgation of this Act are as follows: As Changwat Nong Khai lies along the borderline with geographical characters of prolongation nature, communication between remote Amphoes and the Changwat always meets with difficulty and takes an immoderately long period of time. In order to smoothly organise the administration, maintain security and provide convenience for the local inhabitants, it is expedient to have Amphoe Bueng Kan, Amphoe Seka, Amphoe So Phisai, Amphoe Bung Khla, Amphoe Bueng Khong Long, Amphoe Pak Khat, Amphoe Phon Charoen and Amphoe Si Wilai separated from the administration of Changwat Nong Khai to constitute Changwat Bueng Kan. It is therefore necessary to enact this Act.

Footnotes

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