Translation:Bangkok Metropolitan Administration Act, BE 2528 (1985)/2007.08.01

Where the provisions of any other law, regulation, ordinance, rule or order refer to Bangkok, Bangkok metropolitan district, Bangkok metropolitan subdistrict, province, provincial district, provincial subdistrict, provincial administrative organisation, municipality or sanitary organisation, it shall be taken that such reference is made to Bangkok Metropolis, district or subdistrict under this Act, as the case may be, in so far as it is not contrary to or inconsistent with the provisions of this Act.

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§ 5

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

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Chapter 1

Administrative Organisation of Bangkok Metropolis

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§ 6

Bangkok Metropolis shall have legal personality and shall be a local government in the Executive Branch with the administrative organisation pursuant to this Act and with territorial jurisdiction as belonging to it on the date of coming into force of this Act.

The modification of territorial jurisdiction of Bangkok Metropolis shall be effected by an act.

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§ 7

The administrative areas of Bangkok Metropolis shall be divided into districts and subdistricts with territorial jurisdiction as belonging to them on the date of coming into force of this Act.

The establishment, dissolution or modification of territorial jurisdiction of a district shall be effected by an announcement of the Ministry of Interior and published in the Government Gazette.

Where expedient, the administrative areas of a district may be divided into subdistricts. The establishment, dissolution or modification of territorial jurisdiction of a subdistrict shall be effected by an announcement of Bangkok Metropolis and published in the Government Gazette.

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§ 8

Where any legal provision refers to a province, it shall include Bangkok; a district, a district of Bangkok Metropolis, a subdistrict, a subdistrict of Bangkok Metropolis, or a district chief, a district director under this Act.

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Chapter 2

Government of Bangkok Metropolis

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§ 9

The Bangkok Metropolitan Government shall consist of:

(1) ⁠ the Council of Bangkok;

(2) ⁠ the Governor of Bangkok.

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Part 1

Council of Bangkok

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§ 10

The Council of Bangkok shall consist of the Councillors elected by the citizens, in the number according to the criteria set forth in section 11.

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§ 11

An election of Councillors of Bangkok may be held only upon a royal decree ordaining it. Such royal decree shall also contain the date of election and the period of time for recruitment of candidates.

A constituency shall be established by the number of approximately one hundred thousand citizens. An effort shall be made to extent possible, in order to establish each of the constituencies by the most similar number of citizens. However, no area of one district may be included in another district and no part of one subdistrict may be included in another subdistrict.

One constituency shall be represented by one Councillor. If the number of citizens in any district does not suffice to establish a constituency, such district shall be represented by one Councillor and shall be deemed as one constituency.

In establishing a constituency, the number of citizens shall be calculated in pursuance of the civil register last published by the Ministry of Interior before the date of issuance of the royal decree ordaining the election of Councillors. And such establishment shall be effected by an announcement of Bangkok Metropolis.

The criteria and procedure governing the establishment of constituencies, the different number of citizens in each constituency and the conduct of elections shall be prescribed by the law on elections of Councillor of Bangkok and Governor of Bangkok.

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§ 12^[2]

A person shall be eligible to vote if he possesses the following qualifications:

(1) ⁠ being a Thai national; prescribed that a person having obtained Thai nationality through naturalisation must have so obtained for not less than five years;^[3]

(2) ⁠ having attained the age of eighteen on the 1st Day of January of the year of election; and

(3) ⁠ having been entered in the household register of the constituency concerned, for not less than ninety consecutive days up to the date of election.

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§ 13

A person shall be debarred from voting in an election of Councillors of Bangkok, if he falls within one of the following disqualifications on the date of election:

(1) ⁠ undergoing insanity or mental infirmity;

(2) ⁠ (repealed);^[4]

(3) ⁠ being a Buddhist monk, Buddhist novice, clergy or priest;

(4) ⁠ being restrained by virtue of a judicial warrant or lawful order;

(5) ⁠ being disfranchised.^[5]

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§ 14

A person shall be eligible to become a candidate in an election of Councillors of Bangkok if he is qualified as follows:

(1) ⁠ being of Thai nationality by birth;^[6]

(2) ⁠ having attained the age of twenty five on the date of election; and

(3) ⁠ having been entered in the Bangkok metropolitan household register for not less than one hundred and eighty consecutive days up to the date of application for candidacy, or having been entered in the Bangkok metropolitan household register and having paid to Bangkok Metropolis the taxes under the law on property taxes or the law on local maintenance taxes in the year of such application or one prior year.

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§ 15

(Repealed)^[7]

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§ 16^[8]

A person shall be debarred from being a candidate in an election of Councillors of Bangkok, if he is attacked by one of the following disqualifications:

(1) ⁠ being addicted to a harmful narcotic drug;

(2) ⁠ having been adjudged bankrupt and having not yet been discharged from bankruptcy by the court;

(3) ⁠ being debarred from voting pursuant to section 13 (1), (3) or (5);

(4) ⁠ having been sentenced to imprisonment and being restrained by virtue of a judicial warrant;

(5) ⁠ having been sentenced to imprisonment for two years or more and having been released therefrom for a period not yet over five years up to the date of election, save where the sentence is based upon a negligent offence;

(6) ⁠ (repealed);^[9]

(7) ⁠ being a member of a legislative body, local council, local administrative board or local administrator;

(8) ⁠ being a candidate in an election of a member of a legislative body, local council, local administrative board or local administrator;

(9) ⁠ being a government officer with regular post or salaries;

(10) ⁠ being an official or employee of a state agency, state enterprise or local government agency;

(11) ⁠ having been dismissed, discharged, removed or disemployed by a government agency or state enterprise, on grounds of corruption in office or being deemed to have committed corruption and misconduct in public sector;

(12) ⁠ having removed from the office of Governor of Bangkok for a period not yet over four years up to the date of application for candidacy;

(13) ⁠ having been removed from an office of Councillor of Bangkok by operation of section 23 (8), for a period not yet over four years up to the date of application for candidacy;

(14) ⁠ having incurred a confiscatory judgment or order of a court by reason of unusual wealth or unusual increase of wealth.

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§ 17

The Council of Bangkok shall exist for a term of four years from the date of election of its Councillors.

Upon expiry of the Council of Bangkok, a general election of new Councillors shall be organised; prescribed that the date of such election must be determined within sixty days from the expiry and the election must be held on the same date throughout Bangkok Metropolis.

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§ 18

In the event that the activities of the Governor of Bangkok and the Council of Bangkok are conflicting with each other to the extent likely to expose Bangkok Metropolis or the entire state affairs to detriment, the Governor of Bangkok may submit to the Minister of Interior a proposal for dissolution of the Council of Bangkok and a statement of grounds, so that an election of new Councillors of Bangkok would be held.

If the Minister of Interior fails to announce the dissolution of the Council of Bangkok with fifteen days after his receipt of a proposal therefor, the Governor of Bangkok may request him to reconsider the proposal; prescribed that such request must be made within thirty days from the date the Minister of Interior receives the proposal under paragraph 1. In this respect, the Minister of Interior may grant or deny the request, but he must completely consider it within thirty days from his receipt of it.

If the Governor of Bangkok wishes to submit to the Minister of Interior a new proposal for dissolution of the Council of Bangkok on grounds of the same event, he may do so upon the elapse of ninety days from the thirtieth date after the Minister of Interior's receipt of a request made according to paragraph 2.

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§ 19

Should it appear that the activities of the Governor of Bangkok and the Council of Bangkok are conflicting with each other or the activities of the Governor of Bangkok and the Council of Bangkok have been incorrectly carried out, to the extent likely to expose Bangkok Metropolis or the entire state affairs to detriment, and the described situation cannot be resolved by any other means than the dissolution of the Council of Bangkok, the Minister of Interior may dissolve the Council of Bangkok with the approval of the Council of Ministers, so that an election of new Councillors of Bangkok would be held.

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§ 20

The dissolution of the Council of Bangkok under section 18 or 19, and the Minister of Interior's denial of a request for reconsideration made by the Governor of Bangkok under section 18, paragraph 3, shall be effected by an announcement of the Ministry of Interior accompanied by a statement of grounds and shall be published in the Government Gazette.

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§ 21

The councillorship of a Councillor of Bangkok shall commence as from the date of his election and shall last until the existing term of the Council of Bangkok expires.

When an office of Councillor of Bangkok becomes vacant for any other reason than the expiry of the term of the Council of Bangkok or the dissolution of the Council of Bangkok, an election of a new Councillor shall be held within ninety days, save where the existing term of the Council is less than one hundred and eighty days.

A Councillor of Bangkok elected to fill a vacant office shall hold such office for the existing term of the Council.

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§ 22

No Councillor of Bangkok may hold any other office or render any other duty in a government agency, state agency, state enterprise, Bangkok metropolitan commercial business or company in which Bangkok Metropolis holds shares, or may be a local administrator or local government official.

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§ 23

A Councillor of Bangkok shall lose his councillorship for any of the following reasons:

(1) ⁠ expiry of the term of the Council of Bangkok or dissolution of the Council of Bangkok;

(2) ⁠ death;

(3) ⁠ resignation; prescribed that the letter thereof shall be submitted to the President of the Council of Bangkok and shall take effect as from the day following the date of its submission;

(4) ⁠ lacking any qualification under section 14 or being attacked by any disqualification under section 16, but not including section 16 (4);

(5) ⁠ committing the act forbidden by section 22;

(6) ⁠ being imprisoned by virtue of a final judgment, save where the sentence is in consequence of a negligent offence or misdemeanour;

(7) ⁠ having been absent from the meetings of the Council of Bangkok throughout a session which lasts for thirty days or more, without approval of the President of the Council of Bangkok;

(8) ⁠ removal by a resolution of the Council of Bangkok when the Councillor in question is found to have brought about disgrace to the dignity of his office; prescribed that such resolution of the Council of Bangkok must be passed by not less than two thirds of the total number of the existing Councillors and shall take effect as from the date of its passage;

(9) ⁠ recall by the enfranchised citizens of Bangkok Metropolis pursuant to the law on recall of local councillors or local administrators; prescribed that if all Councillors of Bangkok lose their councillorships for the said reason, the Council of Bangkok shall be deemed to be dissolved.^[10]

The Council of Bangkok may initiate the action under (8) only upon request of the Minister of Interior or motion of not more than one third of the total number of the existing Councillors of Bangkok.

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§ 24

Should there be an allegation that a Councillor of Bangkok has lost his councillorship by reason of section 23 (4), (5) or (7), the President of the Council of Bangkok shall inquire into the matter. If the President of the Council of Bangkok informs the Minister of Interior that the Councillor has lost his councillorship as alleged and the Minister of Interior concurs on the finding, the Minister of Interior shall remove the Councillor in question from his office.

Section 53 shall apply mutatis mutandis to the vacation of office under this section.

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§ 25

The Council of Bangkok shall select one of its Councillors as its President and not more than two other Councillors as its Vice Presidents. The selectees shall assume their offices immediately upon being selected.

The Minister of Interior shall publish in the Government Gazette the names of the persons selected as the President and Vice Presidents of the Council of Bangkok.

The President and Vice Presidents of the Council of Bangkok shall hold their respective offices for a term of two years.

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§ 26

The President or Vice President of the Council of Bangkok shall vacate his office prior to the expiry of his term for any of the following reasons:

(1) ⁠ losing his councillorship in the Council of Bangkok;

(2) ⁠ resignation; prescribed the letter thereof shall be submitted to the Minister of Interior and shall take effect as from the day following the date of its submission;

(3) ⁠ motion for selection of new President or Vice President being jointly submitted by not less than one third of the total Councillors and being supported by at least three fourth of the total Councillors; prescribed that the President or Vice President in question shall vacate his office upon the new President or Vice President, whichever applies, being selected.

In the events described in paragraph 1, the Council of Bangkok shall select new President or Vice President, as the case may be. And the selectee shall assume office for the remaining term of his predecessor.

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§ 27

The President of the Council of Bangkok shall be given the authority to carry out the activities of the Council of Bangkok in keeping with its rules.

A Vice President of the Council of Bangkok shall be invested with the authority to function as the President in cases the latter is absent or incapable of functioning or in cases the latter so authorises.

When the President and Vice Presidents of the Council of Bangkok are absent from any meeting or cannot function, the present Councillors shall select one amongst themselves to preside over such meeting.

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§ 28

There shall be one Secretary to the President of the Council of Bangkok and the Secretaries to the Vice Presidents of the Council of Bangkok numbering not more than the Vice Presidents. All these officers shall be appointed by the President of the Council of Bangkok.

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§ 29

The Council of Bangkok shall be empowered to enact the rules on ethics of its Councillors, as well as the rules of procedure for the selection and performance of duties of its President, Vice Presidents and ordinary or extraordinary committees, the conduct of meetings, the introduction and consideration of draft ordinances, the submission of motions, the discussions, the debates, the passage of resolutions, the interrogations, the general debates, the maintenance of peace and order, and other activities falling within its duties.

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§ 30

The Minister of Interior shall convoke the Council of Bangkok within fifteen days from a general election of its Councillors, so that the Councillors would meet for the first time.

In a year shall there be not less than two but not more than four ordinary sessions of the Council of Bangkok. The Council of Bangkok shall determine the number of those ordinary sessions and the date of commencement of each of them.

Each ordinary session of the Council of Bangkok shall last for thirty days. In case of need, the President of the Council of Bangkok may order extensions not exceeding fifteen days each, as he may find necessary.

An ordinary session may be closed before the thirtieth day only upon approval of the Council of Bangkok.

The President of the Council of Bangkok shall convene the Council of Bangkok pursuant to its sessions, and shall open or close the sessions.

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§ 31

In addition to the ordinary sessions, the Governor of Bangkok or at least one third of the total number of the existing Councillors of Bangkok may, if necessary for Bangkok Metropolis, submit to the President of the Council of Bangkok a motion for an extraordinary session of the Council. The President of the Council of Bangkok shall convene the Council and determine the dates of the meetings within fifteen days after his receipt of the motion.

An extraordinary session shall last for thirty days. In case of need, the President of the Council of Bangkok may order extensions not exceeding fifteen days each, as he may find necessary.

An extraordinary session may be closed before the thirtieth day only upon approval of the Council of Bangkok.

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§ 32

At each meeting of the Council of Bangkok, a quorum must be established by the presence of not less than one half of the total number of the existing Councillors.

The Governor of Bangkok, the Deputy Governors of Bangkok, or their designees may attend the meetings of the Council of Bangkok and may express certain facts or opinions concerning their duties amongst the meetings, but none of them may vote.

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§ 33

Save where this Act or the rules of procedure of the Council of Bangkok otherwise prescribe, a decision shall be based upon a majority of votes.

In voting, one Councillor of Bangkok shall have one vote. In case of tie, the presiding officer shall issue one additional vote as a casting vote.

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§ 34

The Council of Bangkok may not discuss on the matters which do not fall within its authority.

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§ 35

The meetings of the Council of Bangkok must be publicly conducted in the manners prescribed in the rules of procedure of the Council. But if the Governor of Bangkok or not less than one fourth of the total Councillors of Bangkok request for privacy, the meeting shall be held privately.

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§ 36

At a meeting of the Council of Bangkok, the Councillors shall be entitled to interrogate the Governor of Bangkok as to any activity of Bangkok Metropolis. But the Governor may refuse to answer had he found that the relevant information deals with certain significant benefits of Bangkok Metropolis and ought not to be disclosed yet.

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§ 37

At least two fifth of the total number of the existing Councillors of Bangkok may jointly submit a motion for opening a general debate, so that the Governor of Bangkok would be required to express certain facts or opinions on the issues concerning the official affairs of Bangkok Metropolis.

The motion mentioned in paragraph 1 shall be submitted to the President of the Council of Bangkok to be forwarded to the Governor of Bangkok who shall then determine the date of general debate within fifteen days from his receipt thereof.

The Council of Bangkok may not vote on the issues raised during a general debate held under this section.

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§ 38

The Council of Bangkok shall be empowered to select its Councillors to form its ordinary committees and to select certain persons, whether being its Councillors or not, to form its extraordinary committees, and charge them with the duty to carry out any activity or consider, inquire into or study any matter which falls within its authority and to report the outcomes to it.

The Governor of Bangkok may nominate certain persons, whether the Councillors of Bangkok or not being, to the Council of Bangkok as the members of its extraordinary committees. The number of the members whom can be nominated by the Governor of Bangkok shall be set forth in the rules of the Council of Bangkok.

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§ 39

An extraordinary committee for consideration of a draft budget ordinance shall be formed by not less than one third of the total number of the existing Councillors of Bangkok, and by the persons, whether being the Councillors of Bangkok or not, who are nominated to the Council of Bangkok by the Governor of Bangkok; prescribed the number of the members so nominated may not exceed one third of the total members.

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§ 40

At each meeting of the committees under sections 38 and 39, a quorum shall be established by the presence of not less than one half of the total number of the existing members and the rules of procedure of the Council of Bangkok shall also apply mutatis mutandis.

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§ 41

A committee of the Council of Bangkok shall be given the power to summon the Bangkok metropolitan authorities and require them to express certain facts or opinions on the activity it is carrying out or on the matter it is considering, inquiring into or studying. Such power may be exercised during the closure of a session of the Council of Bangkok. In case of need, each committee may set up the subcommittees to look into the details of the matters it is dealing with and to report the outcomes to it.

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§ 42

An extraordinary committee of the Council of Bangkok shall have a two-year term of office.

The extraordinary committees under sections 38 and 39 shall come to an end upon having completely executed their duties and reported the outcomes to the Council of Bangkok.

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§ 43

The President of the Council of Bangkok, the Vice Presidents of the Council of Bangkok, the Councillors of Bangkok, as well as the members of the committees set up by the Council of Bangkok or of the subcommittees set up by these committees shall be entitled to positional allowances, meeting allowances and other remunerations as determined in a royal decree, all paid out of the Bangkok metropolitan budget.

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Part 2

Governor of Bangkok

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§ 44

Bangkok Metropolis shall be led by one Governor elected by its citizens through direct and secret ballot.

A Bangkok gubernatorial election may only be held upon a royal decree ordaining it. Such royal decree shall also contain the date of election and the period of recruitment of candidates.

The criteria and procedure for Bangkok gubernatorial elections shall be set out in the law on elections of Councillors of Bangkok and Governor of Bangkok.

The outcomes of a Bangkok gubernatorial election shall be published in the Government Gazette.

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§ 45

The persons qualified under section 12 and not disqualified under section 13 shall be eligible to vote in a Bangkok gubernatorial election.

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§ 46

The persons qualified under section 14 and not disqualified under section 15 shall eligible to become the candidates in a Bangkok gubernatorial election.

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§ 47

The Governor of Bangkok shall be in office for a term of four years from the date of his election.

In cases the Governor of Bangkok vacated office owing to the expiry of his term, a new election shall be conducted within sixty days from such expiry. But if the Governor vacated his office for other reason, a new election shall be held within ninety days. The electee shall assume office with a new term.

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§ 48

The Governor of Bangkok shall take office as from the date of his election.

He shall delegate his duties to other officers within seven days from the date of his election.

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§ 49

The Governor of Bangkok shall have the authority:

(1) ⁠ to determine the policies of Bangkok Metropolis and to administer its official affairs in accordance with the laws;

(2) ⁠ to give instructions, approvals and endorsements regarding the official affairs of Bangkok Metropolis;

(3) ⁠ to appoint and remove the Deputy Governors of Bangkok, the Secretaries to the Governor of Bangkok, the Assistant Secretaries to the Governor of Bangkok, as well as to appoint experts as Chief Advisors, Advisors, or Members of the Advisory Councils to the Governor of Bangkok, or as members of the committees in charge of certain official affairs, and to remove them;

(4) ⁠ to administer the state affairs as authorised by the Council of Ministers, Prime Minister or Minister of Interior;

(5) ⁠ to lay down the rules for the sake of the smooth carrying out of activities of Bangkok Metropolis;

(6) ⁠ to be in charge of the ordinances of Bangkok Metropolis;

(7) ⁠ to exercise other authority as given by this Act and other laws.

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§ 50

The Governor of Bangkok shall be the chief of Bangkok metropolitan government officers and Bangkok metropolitan employees and shall be responsible for the official affairs of Bangkok Metropolis. He shall also be competent to, mutatis mutandis, exercise other authority legally granted to a provincial governor, mayor or municipal council, as the case may be, save where this Act otherwise prescribes.

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§ 51

The Governor of Bangkok:

(1) ⁠ must not hold any other office or render any other duty in a government agency, state agency, state enterprise, Bangkok metropolitan commercial business or company in which Bangkok Metropolis holds shares, and must not hold an office of local administrator or local government official, save where such office is given by the legal provisions;

(2) ⁠ must not receive any special money or benefits provided by a government agency, state agency, state enterprise, Bangkok metropolitan commercial business or company in which Bangkok Metropolis holds shares, save those provided according to the normal usage of trade;

(3) ⁠ must not be a party to or be interested by a contract concluded with Bangkok Metropolis, with a Bangkok metropolitan commercial business or with a company in which Bangkok Metropolis holds shares, save those to which or by which the Governor of Bangkok has been parties or has been interested prior to his election.

The provisions of this section shall be inapplicable when the Governor of Bangkok is entitled to military pensions, government pensions, government remunerations, royal annuities or any other similar payment, and when the Governor of Bangkok is entitled to remunerations, meeting allowances or any other payment by virtue of his membership in a committee of the National Assembly, Senate, House of Representatives, Council of Bangkok or other local council, or his expert or ex officio membership in the committees pursuant to the legal provisions.

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§ 52

The Governor of Bangkok shall vacate office for any of the following reasons:

(1) ⁠ expiry of term;

(2) ⁠ death;

(3) ⁠ resignation; prescribed that the letter thereof shall be submitted to the Minister of Interior and shall take effect as from the day following the date of its submission;

(4) ⁠ lacking any qualification or being attacked by any disqualification under section 46, save the disqualification under section 16 (4);

(5) ⁠ committing the act forbidden by section 51;

(6) ⁠ being imprisoned by virtue of a final judgment, save where the sentenced is in consequence of a negligence offence or misdemeanour;

(7) ⁠ dissolution of the Council of Bangkok;

(8) ⁠ removal by the Minister of Interior, with the approval of the Council of Ministers, when the Governor is found to have brought about disgrace to the dignity of his office, or have acted or failed to render any necessary act in such a manner likely to expose to serious detriment Bangkok Metropolis, the entire state affairs or the maintenance of public order or welfare;

(9) ⁠ recall by the enfranchised citizens of Bangkok Metropolis pursuant to the law on recall of local councillors or local administrators.^[11]

Where there arises any circumstance under (8), the Council of Bangkok may resolve to request the Minister of Interior to refer the matter to the Council of Ministers. Such resolution of the Council of Bangkok must be passed by at least two third of the total number of the existing Councillors. In this respect, the Minister of Interior must refer the matter to the Council of Ministers within fifteen days from his receipt of the notice of the resolution of the Council of Bangkok.

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§ 53

Where there arises any circumstance under section 52 (4) or (5), the Minister of Interior must hold an inquiry before ordering the removal. The removed Governor may apply to the court for revocation of the order within fifteen days from the date of his acknowledgment of the order.

Pending judgment, the removed Governor shall cease to function as from the date of his acknowledgment of the order until the judgment is delivered.

Should the removed Governor make not the application or should the court rule in favour of the order, the Governor shall vacate his office as from the date the Minister of Interior issued the order.

The date of his acknowledgment of the order shall refer to the date on which the Governor of Bangkok receives the said order.

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§ 54

The Governor of Bangkok who has vacated office by operation of section 52 (1) shall remain in his office until the newly elected Governor takes it. But when the Governor vacated his office on other reason than the expiry of his term, the Clerk of Bangkok shall serve as the Governor of Bangkok ad interim. If the office of Clerk of Bangkok is vacant or its holder is unavailable, the Minister of Interior shall direct one of the Deputy Clerks of Bangkok or Bangkok metropolitan officers who takes precedence over the others according to official practices to serve as the Governor of Bangkok ad interim.

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§ 55

There may not be more than four Deputy Governors of Bangkok, according to the order of precedence made by the Governor of Bangkok. They shall assist the Governor of Bangkok in administering the official affairs of Bangkok Metropolis as authorised by the Governor.

An order on appointment of a Deputy Governor of Bangkok shall be published in the Government Gazette.

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§ 56

There shall be one Secretary to the Governor of Bangkok and the Assistant Secretaries to the Governor of Bangkok numbering not more than the Deputy Governors of Bangkok.

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§ 57

Should there be the Chief Advisors, Advisors or Members of the Advisory Councils to the Governor of Bangkok under section 49 (3), these officers may not be more than nine in total.

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§ 58

The Governor of Bangkok, the Deputy Governors of Bangkok, the Secretaries to the Governor of Bangkok, the Assistant Secretaries to the Governor of Bangkok, the Secretaries to the President of the Council of Bangkok, the Assistant Secretaries to the President of the Council of Bangkok, the Chief Advisors and the Advisors shall be the political officers under the law on political service.

The law on political service shall apply to the holders of the offices mentioned in paragraph 1, to the extent not contrary to or inconsistent with the provisions of this Act. The Governor of Bangkok or the President of the Council of Bangkok, whichever applies, shall be empowered to appoint the holders of the political offices of Deputy Governors of Bangkok, Secretaries to the Governor of Bangkok, Assistant Secretaries to the Governor of Bangkok, Secretaries to the President of the Council of Bangkok, Assistant Secretaries to the President of the Council of Bangkok, Chief Advisors and Advisors from amongst the persons found appropriate by the Governor or President; prescribed that these persons must be qualified for political service pursuant to the law on political service and must also be subject to the provisions of section 51.

Whenever the Governor of Bangkok or President of the Council of Bangkok who has appointed any political officer pursuant to paragraph 2 vacates his office, such political officer shall also vacate his office. In addition, the political officer must vacate his office according to the law on political service, or upon having committed the act forbidden by section 51, or upon removal by the Governor or President, whether or not the officer is at fault.

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§ 59

The political officers under section 58 and the members of the committees set up by the Governor of Bangkok shall be entitled to salaries, bonuses, meeting allowances and other positional remunerations as determined in a royal decree, all paid out of the Bangkok metropolitan budget.

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Chapter 3

Organisation of Bangkok Metropolitan Administrative Service

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Part 1

Administrative Agencies of Bangkok Metropolis

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§ 60

The administrative service of Bangkok Metropolis shall be organised as follows:

(1) ⁠ the Secretariat to the Council of Bangkok;

(2) ⁠ the Secretariat to the Governor of Bangkok;

(3) ⁠ the Office of the Bangkok Metropolitan Civil Service Commission;

(4) ⁠ the Office of the Clerk of Bangkok;

(5) ⁠ the offices or the administrative agencies called otherwise and having status of office;

(6) ⁠ the district offices.

The establishment, dissolution or modification of an office or the internal administrative organisation of an agency under paragraph 1 requires approval of the Bangkok Metropolitan Civil Service Commission and shall be made by an announcement of Bangkok Metropolis and published in the Government Gazette.

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§ 61

The Secretariat to the Council of Bangkok shall have the authority to deal with the regular official affairs of the Council. The Secretary to the Council of Bangkok appointed from amongst the Bangkok metropolitan ordinary officers shall be the chief of the Bangkok metropolitan officers and the Bangkok metropolitan employees in the Secretariat. The Secretary shall be subordinate to the Clerk of Bangkok and shall be accountable to the President of the Council of Bangkok for the official affairs of the Council. There shall also be the Assistant Secretaries to the Council of Bangkok appointed from amongst the Bangkok metropolitan ordinary officers to assist the Secretary in giving instructions or carrying out certain official activities.

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§ 62

The Secretariat to the Governor of Bangkok shall have the authority to deal with the official affairs and the activities of the Governor of Bangkok. The Secretary to the Governor of Bangkok appointed from amongst the political officers shall be the chief of the Bangkok metropolitan officers and the Bangkok metropolitan employees in the Secretariat and shall be accountable to the Governor of Bangkok for the official affairs of the Secretariat. There shall also be the Assistant Secretaries to the Governor of Bangkok appointed from amongst the political officers to assist the Secretary in giving instructions or carrying out certain official activities. And there shall be the Chief Officer of the Secretariat to the Governor of Bangkok appointed from amongst the Bangkok metropolitan ordinary officers to assist the Secretary and Assistant Secretaries to the Governor of Bangkok in the official affairs of the Secretariat and in the administration of Bangkok metropolitan officers and Bangkok metropolitan employees; prescribed that the Chief Officer shall be subordinate to the Secretary to the Governor of Bangkok, the Clerk of Bangkok and the Governor of Bangkok, respectively.

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§ 63

The Office of the Bangkok Metropolitan Civil Service Commission shall have the authority to deal with the regular official affairs of the Bangkok Metropolitan Civil Service Commission. The Chief Officer of the Office of the Bangkok Metropolitan Civil Service Commission appointed from amongst the Bangkok metropolitan ordinary officers shall be the chief of the Bangkok metropolitan officers and the Bangkok metropolitan employees in the Office and shall be subordinate to the Clerk of Bangkok. The Chief Officer shall be accountable to the President of the Bangkok Metropolitan Civil Service Commission for the official activities of the Commission. There may also be one Deputy Chief of the Office of the Bangkok Metropolitan Civil Service Commission or more, appointed from amongst the Bangkok metropolitan ordinary officers, to assist the Chief in giving instructions or carrying out certain official activities.

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§ 64

The Office of the Clerk of Bangkok shall have the authority to deal with the general official affairs of Bangkok Metropolis and the official affairs not belonging to any specific administrative agency. The Clerk of Bangkok appointed from amongst the Bangkok metropolitan ordinary officers shall be the chief of the Bangkok metropolitan officers and the Bangkok metropolitan employees in the Office and shall be responsible for the official affairs of the Office. There may also be one Assistant Clerk of Bangkok or more, appointed from amongst the Bangkok metropolitan ordinary officers, to assist the Clerk in giving instructions or carrying out certain official activities.

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§ 65

In addition to the authority set forth in section 64, the Clerk of Bangkok shall be competent to exercise the authority granted by the laws and by the orders of the Governor of Bangkok. The Clerk shall also control the administration of the regular official affairs of Bangkok Metropolis in pursuance of its policies, shall monitor, expedite and follow up the official activities of the administrative agencies of Bangkok Metropolis, and shall be the chief of all Bangkok metropolitan officers and Bangkok metropolitan employees subordinate to the Governor of Bangkok.

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§ 66

An office set up under section 60 (5) shall have the authority to deal with the official affairs as described in the announcements of Bangkok Metropolis. The director of the office appointed from amongst the Bangkok metropolitan ordinary officers shall be the chief of the Bangkok metropolitan officers and the Bangkok metropolitan employees in the office and shall be responsible for the official affairs of the office. There may also be one or several deputy directors of the office, appointed from amongst the Bangkok metropolitan ordinary officers, to assist the director in giving instructions or carrying out certain official activities.

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§ 67

In addition to the authority mentioned in section 66, the director of an office shall be competent to exercise the authority given by the laws and by the orders of the Governor of Bangkok and the Clerk of Bangkok. The director shall also control the administration of the regular official affairs of his office in agreement with the policies of Bangkok Metropolis, and shall monitor, expedite and follow up the official activities of his office.

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Part 2

Districts and District Councils

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§ 68

A district director shall be the chief of the Bangkok metropolitan officers and Bangkok metropolitan employees in his district office and be responsible for the official affairs of his district. There may also be one or several deputy district directors to assist the director in giving instructions or carrying out certain official activities.

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§ 69

A district director shall be competent to exercise the following authority:

(1) ⁠ the authority legally given to a district chief, save where this Act otherwise prescribes;

(2) ⁠ the authority legally given to a district director;

(3) ⁠ the authority authorised to him by the Governor of Bangkok or the Clerk of Bangkok.

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§ 70

Where appropriate, the Governor of Bangkok may order one district office to assume all or part of the functions of another district office and may order any district director to be responsible for those functions; prescribed that the Governor must publish his order in the Government Gazette.

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§ 71

In each district, there shall be a district council consisting of at least seven elected councillors. If the number of citizens in any district exceeds one hundred thousand, every one hundred thousand citizens shall be represented by one councillor. The remainders of one hundred thousand shall be counted as another one hundred thousand, if they are fifty thousand or more.

The number of the councillors of each district shall be calculated in pursuance of the number of citizens of such district as appeared in the civil register last published by the Minister of Interior prior to the announcement of the election of district councillors. And the Minister of Interior shall announce the number of the councillors of each district before the election is held in such district.

As regards the qualifications and disqualifications of the eligible voters and eligible candidates in an election of district councillors, the provisions of sections 12, 13, 14, 15 and 16 shall apply mutatis mutandis.

The criteria and procedure for elections of district councillors shall be set forth in the ordinances of Bangkok Metropolis.

The announcements mentioned in paragraph 2 and the announcements of the outcomes of the elections of district councillors shall be made in the form of the announcements of Bangkok Metropolis and shall be published in the Government Gazette.

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§ 72

A district council shall exist for a term of four years from the date of election of its councillors.

Upon expiry of a term of a district council, a general election of new district councillors shall be held. The date of such election shall be determined within sixty days from the expiry of the term.

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§ 73

The councillorship of a district councillor shall commence as from the date of his election and the councillor shall hold office for the existing term of his council.

Where more than one half of the number of the district councillors as announced under section 71, paragraph 5, vacate their offices, the other councillors shall also lose their councillorships and an election of new councillors shall take place within ninety days from the occurrence of such event.

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§ 74

A district council shall select one of its councillors to serve as its president and one another councillor as its vice president. Both shall assume offices immediately after being selected.

The Governor of Bangkok shall announce the names of the persons elected as the president and vice president of a district council.

The president and vice president of a district council shall be in their respective offices for a term of one year.

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§ 75

Within fifteen days from the date of an election of district councillors, the district director shall convoke the council, so that the councillors would meet for the first time.

A district council shall convene once a month at least and shall resolve to determine the dates and time of its own meetings.

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§ 76

The district director, the assistant district directors and the designees of the district director shall bear the duty to attend the meetings of the district council and shall be entitled to express certain facts or opinions concerning their duties at the meetings of the district council, but none of them may vote.

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§ 77

The presidents of the district councils and the district councillors shall be entitled to positional allowances, meeting allowances and other remunerations as determined in a royal decree, all paid out of the Bangkok metropolitan budget.

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§ 78

The district director shall facilitate the conduct of meetings of the district council and other activities falling within its authority.

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§ 79

A district council shall have the authority:

(1) ⁠ to render to the district director and the Council of Bangkok advice and observations on district development planning;

(2) ⁠ to appropriate budgets for district development planning, subject to the ordinances of Bangkok Metropolis on financial procedure or on expenditure budgets;

(3) ⁠ to monitor and follow up the activities of the district office for the sake of the citizens;

(4) ⁠ to render to the district director advice or observations on improvement or rectification of the provision of public services in the district; prescribed that in cases the district director fails to take any measure without disclosing his grounds, the district council shall refer the matter to the Governor of Bangkok for further actions;

(5) ⁠ to render advice as required by the district director;

(6) ⁠ to set up committees to carry out certain activities or to consider, inquire into or study certain matters relating to the activities of the district council, subject to the relevant ordinances of Bangkok Metropolis;

(7) ⁠ to discharge other duties as required by the laws or the Council of Bangkok.

Bangkok Metropolis shall provide proper budgets for district development. These budgets may only be disbursed after having been considered and appropriated by the district councils in accordance with (2).

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§ 80

To the district councils, district councillors, vice presidents of the district councils and presidents of the district councils, the provisions of section 22, section 23, section 24, section 26 (1) and (2), said resignation being required to be addressed to the district council concerned, section 27, paragraphs 1 and 2, section 32, paragraph 1, section 33, section 34 and section 35 shall apply mutatis mutandis.

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Chapter 4

Replacement and Authorisation

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§ 81

The Deputy Governors of Bangkok shall be competent to give instructions or carry out official activities as authorised by the Governor of Bangkok.

In cases the Governor of Bangkok is not available, the Governor shall be replaced by a Deputy Governor according to the order of precedence arranged by the Governor in line with section 55. If the offices of Deputy Governors of Bangkok are vacant or none of their holders is available, the Governor shall be replaced by the Clerk of Bangkok. If the office of Clerk of Bangkok is vacant or its holder is not available also, the provisions of section 82, paragraph 2, shall apply mutatis mutandis.

The Governor of Bangkok may, by written authorisation, allow the Deputy Governors of Bangkok to exercise on his behalf the power to give instructions, approvals and endorsements or to carry out the official activities as granted to him by the laws, regulations, rules, ordinances, local ordinances, orders or cabinet resolutions, save where the authorisation is otherwise governed by them. But if the Governor intends to confer such authorisation upon the Clerk of Bangkok, a Deputy Clerk of Bangkok, the director of an office, the chief of an administrative agency called otherwise and having the status of office, or a district director, he shall effect the conferral by an order and shall publish his order in the Government Gazette.

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§ 82

The Deputy Clerks of Bangkok, if any, shall be competent to give instructions or carry out official activities as authorised by the Clerk of Bangkok.

In cases the office of Clerk of Bangkok is vacant or its holder is not available, the Clerk of Bangkok shall be replaced by the Deputy Clerk of Bangkok. If there is more than one Deputy Clerk, the Clerk shall be replaced by one of the Deputy Clerks who takes precedence over the others according to official practices. If the offices of Deputy Clerks are vacant or none of their holders is available also, the Governor of Bangkok shall replace the Clerk by one of the directors of offices or the chiefs of the administrative agencies called otherwise and having the status of office.

The Clerk of Bangkok may, by written authorisation, allow the Deputy Clerks of Bangkok to exercise on his behalf the power to give instructions, approvals and endorsements or to carry out the official activities as granted to him by the laws, regulations, rules, ordinances, local ordinances, orders or cabinet resolutions, save where the authorisation is otherwise governed by them. But if the Clerk intends to confer such authorisation upon the director of an office, the chief of an administrative agency called otherwise and having the status of office, a district director, the director of a division, the chief officer of a division, or the holder of an equivalent position, he shall effect the conferral by an order and shall publish his order in the Government Gazette.

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§ 83

The deputy directors of any office, if any, shall be competent to give instructions or carry out official activities as authorised by the director of such office.

In cases the office of director of an office is vacant or its holder is not available, the director shall be replaced by the deputy director of such office. If there is more than one deputy director, the director shall be replaced by one of the deputy directors who takes precedence over the others according to official practices. If the offices of deputy directors are vacant or none of their holders is available also, the Clerk of Bangkok shall replace the director by one of the directors of divisions, chief officers of divisions or holders of the equivalent positions in that office.

The director of an office may, by written authorisation, allow the deputy directors of such office to exercise on his behalf the power to give instructions, approvals and endorsements or to carry out the official activities as granted to him by the laws, regulations, rules, ordinances, local ordinances, orders or cabinet resolutions, save where the authorisation is otherwise governed by them. But if the director intends to confer such authorisation upon a district director, the director of a division, the chief officer of a division or the holder of an equivalent position in his office, he shall effect the conferral by an order and shall publish his order in the Government Gazette.

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§ 84

The deputy district directors, if any, shall be competent to give instructions or carry out official activities as authorised by the district director.

In cases the office of director of a district is vacant or its holder is not available, the director shall be replaced by the deputy director of such district. If there is more than one deputy director, the director shall be replaced by one of the deputy directors who takes precedence over the others according to official practices. If the offices of deputy directors are vacant or none of their holders is available also, the Clerk of Bangkok shall replace the director by one of the directors of divisions, chief officers of divisions or holders of the equivalent positions.

The director of a district may, by written authorisation, allow the deputy directors of such district or the chiefs of the administrative agencies in the office of such district to exercise on his behalf the power to give instructions, approvals and endorsements or to carry out the official activities as granted to him by the laws, regulations, rules, ordinances, local ordinances, orders or cabinet resolutions, save where the authorisation is otherwise governed by them.

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§ 85

The Assistant Secretaries to the Council of Bangkok, if any, shall be competent to give instructions or carry out official activities as authorised by the Secretary to the Council of Bangkok.

In cases the office of Secretary to the Council of Bangkok is vacant or its holder is not available, the Secretary shall be replaced by the Assistant Secretary. If there is more than Assistant Secretary, the President of the Council of Bangkok shall replace the Secretary by one of the Assistant Secretaries. If the offices of Assistant Secretaries are vacant or none of their holders is available also, the President of the Council of Bangkok shall replace the Secretary by one of the officers in the Secretariat to the Council of Bangkok who takes precedence over the others according to official practices.

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§ 86

The Assistant Secretaries to the Governor of Bangkok, if any, shall be competent to give instructions or carry out official activities as authorised by the Secretary to the Governor of Bangkok.

In cases the office of Secretary to the Governor of Bangkok is vacant or its holder is not available, the Secretary shall be replaced by the Assistant Secretary. If there is more than Assistant Secretary, the Governor of Bangkok shall replace the Secretary by one of the Assistant Secretaries. If the offices of Assistant Secretaries are vacant or none of their holders is available also, the Governor of Bangkok shall replace the Secretary by one of the officers in the Secretariat to the Governor of Bangkok who takes precedence over the others according to official practices.

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§ 87

The Deputy Chief Officers of the Office of the Bangkok Metropolitan Civil Service Commission, if any, shall be competent to give instructions or carry out official activities as authorised by the Chief Officer of the same.

In cases the office of Chief Officer of the Office of the Bangkok Metropolitan Civil Service Commission is vacant or its holder is not available, the Chief Officer shall be replaced by the Deputy Chief Officer. If there is more than Deputy Chief Officer, the President of the Bangkok Metropolitan Civil Service Commission shall replace the Chief Officer by one of the Deputy Chief Officers. If the offices of Deputy Chief Officers are vacant or none of their holders is available also, the President of the Bangkok Metropolitan Civil Service Commission shall replace the Chief Officer by one of the officers in the Office who takes precedence over the others according to official practices.

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§ 88

An officer replacing another officer in virtue of this Act shall enjoy the same authority as the latter.

Where the holder of one office or an officer replacing him requires or authorises the holder of another office to act on his behalf, the latter shall enjoy the same authority as the former.

Where a law appoints the holder of any office to any committee or furnishes him with any authority, the officer replacing him or authorised to act on his behalf shall enjoy the same authority as him during the period of replacement or authorisation, as the case may be.

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Chapter 5

Authority of Bangkok Metropolis

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§ 89

Subject to other relevant laws, Bangkok Metropolis shall be invested with the authority to carry out the following activities within its districts:

(1) ⁠ maintenance of public order, as authorised by the ordinances of Bangkok Metropolis and other laws;

(2) ⁠ registration service as authorised by the laws;

(3) ⁠ prevention and mitigation of public dangers;

(4) ⁠ maintenance of public cleanliness and orderliness;

(5) ⁠ city planning;

(6) ⁠ provision and maintenance of land courses, watercourses and drainage;

(7) ⁠ traffic engineering;

(8) ⁠ transportation;

(9) ⁠ establishment and control of markets, ship harbours, ferry docks and parking centres;

(10) ⁠ maintenance of public parks;

(11) ⁠ building control;

(12) ⁠ improvement of slums, and housing;

(13) ⁠ provision and maintenance of places of recreation;

(14) ⁠ development and conservation of environment;

(14 bis) ⁠ maintenance of arts, customs, local wisdom and good local culture;^[12]

(15) ⁠ public utility;

(16) ⁠ public health, family sanitation, and medical practices;

(17) ⁠ provision and control of cemeteries and crematories;

(18) ⁠ control of animal husbandry;

(19) ⁠ initiation and control of animal slaughter;

(20) ⁠ control of safety, orderliness and sanitation in theatres and other public facilities;

(21) ⁠ provision of education;

(22) ⁠ public assistance;

(23) ⁠ social work;

(24) ⁠ promotion of sports

(25) ⁠ promotion of occupations;

(26) ⁠ Bangkok metropolitan commercial business;

(27) ⁠ execution of other duties as given by the laws to a provincial governor, district chief officer or city municipality, or as given by the Council of Ministers, Prime Minister or Minister of Interior, or as specifically given by the laws to Bangkok Metropolis.

Bangkok Metropolis may be authorised to exercise any authority which belongs to a central government agency or local government agency. Such authorisation shall be effected by a royal decree, ministerial regulation, ordinance or announcement, as the case may be; prescribed that an ordinance or announcement effecting such authorisation requires prior approval of the Minister of Interior.

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§ 90

When discharging their duties under section 89, the Governor of Bangkok, the Deputy Governors of Bangkok, the Clerk of Bangkok, the Deputy Clerks of Bangkok, the chiefs of the offices or equivalent administrative agencies, the district directors, the deputy district directors, and the Bangkok metropolitan officers authorised by the Governor of Bangkok shall be the competent authorities and the administrative or police officers as defined in the Code of Criminal Procedure.

The competent authorities under paragraph 1 shall be empowered to enter the buildings or their precincts where the violation or failure to comply with the law or ordinance concerned is reasonably suspected to be taking place; prescribed that the entry must be made during the interval between sunrise to sunset or during the working hours of the relevant places. For the described purpose, the competent authorities shall also be empowered to interrogate the persons present or working at those places, to direct them to produce documents or other relevant evidence, to seize or attach whatever documents, evidence, vehicles or articles in connection with the offences, and to arrest the offenders.

If any offender is arrested by virtue of paragraph 2, and the Governor of Bangkok, Clerk of Bangkok, director of the office, chief of the administrative agency called otherwise and having the status of office, or director of the district, as the case may be, finds that the offender does not deserve imprisonment, he may settle the action by imposing an amount of fine upon the offender. Should the offender pay the fine determined by the said competent authority within thirty days from the settlement, the action shall come to an end.

If the offender does not concur on the fine so determined or, having agreed upon the fine, he fails to pay it within the mentioned period of time, the Bangkok metropolitan officers authorised by the Governor of Bangkok shall be competent to hold inquiries and shall become the judicial police officers under the Code of Criminal Procedure.

The fines obtained under this section shall become revenues of Bangkok metropolis.

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§ 91

In the performance of their duties, the Governor of Bangkok, the Deputy Governors of Bangkok, the Secretary to the Governor of Bangkok, the Assistant Secretaries to the Governor of Bangkok, the Secretary to the President of the Council of Bangkok, the Assistant Secretaries to the President of the Council of Bangkok, the Chief Advisors, the Advisors and the Bangkok metropolitan officers shall be the public officers under the Criminal Code.

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§ 92

Bangkok Metropolis may provide services to the private citizens, government agencies, state agencies, state enterprises or local government agencies, with service charges. The provision of such service shall be done upon an ordinance of Bangkok Metropolis.

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§ 93

Bangkok Metropolis may carry out an activity outside its districts when:

(1) ⁠ the activity is necessary and is in connection with an activity which is authorised to be done in the districts of Bangkok Metropolis or which would benefit the citizens of Bangkok Metropolis; and

(2) ⁠ the activity is approved by the Council of Bangkok; and

(3) ⁠ the activity is endorsed by the governors of the provinces concerned, the local government agencies concerned or the government agencies concerned, as the case may be.

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§ 94

Bangkok Metropolis may carry out an activity with another person by incorporating a company or holding shares in a company, when:

(1) ⁠ the company is of the pure objectives to carry out activities as public services; prescribed that this shall not affect the activities having been carried out by Bangkok Metropolis prior to the coming into force of this Act; and

(2) ⁠ the value of shares held by Bangkok Metropolis exceeds fifty percent of the total shares registered by the company; prescribed that in cases Bangkok Metropolis, government agencies, state agencies, state enterprises or local government agencies jointly hold shares in the same company, these shared be calculated altogether; and

(3) ⁠ the Council of Bangkok, by votes of more than one half of the total number of the existing Councillors, resolves to approve the activity; and

(4) ⁠ the Minister of Interior consents to the activity.

Bangkok Metropolis may change the amount of its shares only upon endorsement of the Council of Bangkok.

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§ 95

Bangkok Metropolis may carry out any activity which is subject to its authority with another government agency, state agency, state enterprise or local government agency by forming an organisation called syndicate. The syndicate shall enjoy legal personality and shall be led by a board of trustees who are the representatives of Bangkok Metropolis and the relevant government agency, state agency, state enterprise or local government agency, as the case may be.

The establishment of a syndicate shall be effected by a royal decree which shall also contain the name, authority and operating procedure of the syndicate. The dissolution of a syndicate shall be effected by a royal decree which shall also contain the procedure for administration of property.

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§ 96

In case of need, Bangkok Metropolis may authorise a private entity to carry out any activity which is subject to its authority and collect pertinent costs, service charges or gratuities on its behalf; prescribed that this requires prior approval of the Council of Bangkok and the Minister of Interior.

The criteria, procedure and conditions for the authorisation under paragraph 1 shall be set forth in the rules of Bangkok Metropolis which must also be approved by the Council of Bangkok and the Minister of Interior.

The right to carry out the activity under paragraph 1 shall be personal and inalienable.

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Chapter 6

Ordinances

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§ 97

An ordinance of Bangkok Metropolis may be enacted only upon approval of the Council of Bangkok and in the following events:

(1) ⁠ the ordinance is necessary for the implementation of the authority of Bangkok Metropolis;

(2) ⁠ the ordinance is legally permitted to be enacted by Bangkok Metropolis;

(3) ⁠ the ordinance is needed for the conduct of Bangkok metropolitan commercial business;

(4) ⁠ the ordinance is for the purpose of treasury, budgets, finances, property, seeking of benefits from property, employment and supplies.

An ordinance of Bangkok Metropolis may contain penal provisions for its violators; prescribed that the penalties may not be more serious than imprisonment exceeding six months, or a fine exceeding ten thousand baht or both.

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§ 98

A draft ordinance of Bangkok Metropolis may only be introduced by the Governor of Bangkok, the Councillors of Bangkok, or the enfranchised citizens of Bangkok Metropolis pursuant to the law on local initiatives. In cases a draft ordinance is to be introduced by the Councillors of Bangkok, it is required that the draft be signed by not less than one fifth of the total number of the existing Councillors.^[13]

The Councillors of Bangkok may introduce a draft financial ordinance only upon approval of the Governor of Bangkok.

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§ 99

A draft financial ordinance refers to a draft ordinance of Bangkok Metropolis which deals with the whole or part of one of the following items:

(1) ⁠ establishment, abolition, reduction, modification, respite or regulation of a tax;

(2) ⁠ appropriation, receipt, safekeeping or disbursement of Bangkok metropolitan money, or transfer of Bangkok metropolitan expenditure budgets;

(3) ⁠ borrowing of money, suretyship or disbursement of borrowed money;

(4) ⁠ treasury, budgets, finances, property, seeking of benefits from property, employment and supplies;

(5) ⁠ Bangkok metropolitan commercial business;

(6) ⁠ issuance of Bangkok metropolitan bonds.

In case of doubt as to whether any draft ordinance is a financial one and requires prior approval of the Governor of Bangkok, the President of the Council of Bangkok shall deliver a decision.

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§ 100

When the Council of Bangkok has completely considered a draft ordinance of Bangkok Metropolis and resolved to approve it, the President of the Council of Bangkok shall forward it to the Governor of Bangkok within seven days from the Council's passage of the resolution. And within thirty days from his receipt of the approved draft from the President, the Governor shall sign it and publish it in the Government Gazette, thereby promulgating it as law.

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§ 101

In cases the Governor of Bangkok does not concur with the Council of Bangkok, he shall return the draft ordinance in question, together with a statement of grounds, to the Council within thirty days from his receipt of the draft from its President, so that the Council would reconsider the draft. Should the Governor fail to return the draft within the mentioned period of time, the Governor shall be deemed to have approved it and the President of the Council shall sign it and publish it in the Government Gazette, thereby promulgating it as law in lieu of the Governor.

In cases the Governor of Bangkok does not concur on any draft ordinance and returns it to the Council of Bangkok for reconsideration, the Council of Bangkok may hold the reconsideration only upon the elapse of thirty days from such return. But the Council may reconsider a draft financial ordinance immediately.

In cases the Council of Bangkok, by votes of not less than three fourth of the total number of the existing Councillors, resolves to reaffirm the draft ordinance in question, the President of the Council shall forward the draft to the Governor of Bangkok who must then deal with it in accordance with section 100. Had the Governor failed to do so, the President of the Council shall sign the draft and publish it in the Government Gazette, thereby promulgating it as a law in lieu of the Governor.

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§ 102

A draft ordinance disapproved by the Council of Bangkok shall lapse. This shall not apply to a draft ordinance on expenditure budget.

A draft ordinance having lapsed by operation of paragraph 1 may be reintroduced by the Governor of Bangkok or Councillors of Bangkok only upon the passage of one hundred and eighty days from the date the Council of Bangkok disapproved the draft.

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§ 103

An expenditure budget of Bangkok Metropolis shall be enacted as an ordinance of Bangkok Metropolis and shall be introduced by the Governor of Bangkok. If an ordinance on annual expenditure budget cannot be enacted in time for a new fiscal year, the ordinance on annual expenditure budget for the preceding fiscal year shall apply for the time being.

If the amount of money determined in an ordinance on annual expenditure budget for any year does not cover the expenditure in such year or if a new expenditure budget needs to be established during a year, an ordinance on additional expenditure budget shall then be enacted.

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§ 104

Subject to section 106, if the Council of Bangkok concurs on a draft ordinance on expenditure budget, it shall set up an extraordinary committee under section 39 to consider such draft pursuant to its rules. And for the purpose of promulgation, the Governor of Bangkok shall sign the draft and publish it in the Government Gazette.

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§ 105

Subject to section 106, if the Council of Bangkok does not concur on a draft ordinance on expenditure budget, the Council of Bangkok shall select eight of its Councillors and the Governor of Bangkok shall select seven persons who are not the Councillors of Bangkok to form a joint committee in charge of resolving certain material conflicts arising from the draft. The joint committee shall report the outcomes to the Council of Bangkok within ten days from its formation.

Should the Council of Bangkok, by votes of more than three fourth of the total number of the existing Councillors, disapprove the outcomes of the joint committee, the draft ordinance on expenditure budget in question shall lapse and the ordinance on annual expenditure budget for the preceding fiscal year shall apply for the time being. In this respect, the Minister of Interior shall dissolve the Council of Bangkok if the Governor of Bangkok so recommends.

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§ 106

The Council of Bangkok must completely consider a draft ordinance on annual expenditure budget or that on additional expenditure budget within forty five days from its first receipt of the draft.

If the Council of Bangkok fails to completely consider a draft ordinance on expenditure budget within the period of time mentioned in paragraph 1, it shall be taken that the Council has approved the draft and the Governor of Bangkok shall sign the draft and publish it in the Government Gazette for the purpose of promulgation.

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§ 107

In the event that the term of the Council of Bangkok has expired or the Council has been dissolved, all draft ordinances having not yet been approved by the Council, and all those having been so approved but not yet signed and promulgated by the Governor of Bangkok within thirty days from the Governor's receipt of them from the President of the Council, shall lapse.

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§ 108

In cases the Council of Bangkok is vacant, or in cases there arises an urgent need to maintain public safety or avert a public danger and the Council of Bangkok cannot promptly be convoked, the Governor of Bangkok, with the approval of the Minister of Interior, may issue a decree of Bangkok Metropolis having the same force as an ordinance. Such decree shall enter into operation upon having been published in the Government Gazette.

At the next meeting of the Council of Bangkok, the decree of Bangkok Metropolis shall be presented to the Council for approval. Upon approval of the Council of Bangkok, the decree shall continue to be effective as an ordinance of Bangkok Metropolis. Upon disapproval of the Council of Bangkok, the decree shall lapse, without prejudice to the activities having been carried out during its effectiveness.

The Governor of Bangkok shall publish in the Government the approval or disapproval of a decree of Bangkok Metropolis; prescribed that the disapproval shall be effective as from the day following the date of its publication in the Government Gazette.

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Chapter 7

Finances and Property of Bangkok Metropolis

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§ 109

Subject to the laws concerned, Bangkok Metropolis shall collect as its revenues local maintenance taxes, property taxes, signboard taxes, animal slaughter duties and other benefits concerning animal slaughters in its districts.

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§ 110

Subject to the laws concerned, the taxes and costs of cars, motorcars or wheeled vehicles collectible in the districts of Bangkok Metropolis shall become its revenues.

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§ 111

Bangkok Metropolis may, by ordinance, collect Bangkok metropolitan maintenance taxes with respect to benzene and similar oil, diesel and similar oil, and petroleum gas disposed of by retail shops in its districts; prescribed that the rate shall be not more than five satangs per one litre. The increase of retail prices which does not exceed the rate of taxes collectible under this section shall not be deemed to be forbidden by the law on determination of goods prices and prevention of monopoly.

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§ 112^[14]

Bangkok Metropolis may, by ordinance, collect one or all of the following taxes and increase them by not more than ten percent:

(1) ⁠ specific business taxes under the Revenue Code;

(2) ⁠ liquor sale licence costs under the law on liquor;

(3) ⁠ wagering licence costs under the law on wagers.

In paying taxes and costs under this section, the remainders of one baht shall be excided.

Taxes and costs collectible under this section shall be considered as taxes and costs under the law concerned.

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§ 112 ทวิ^[15]

Bangkok Metropolis may, by ordinance, collect any value added tax. In this respect, the rate of such tax which is fixed in the Revenue Code shall be increased as follows:

(1) ⁠ if the value added tax is collectible under the Revenue Code at the rate of zero percent, Bangkok Metropolis shall collect it at the rate of zero percent;

(2) ⁠ if the value added tax is collectible under the Revenue Code at a different rate, it shall be increased by one ninth of the rate collectible under the Revenue Code when it is to be collected by Bangkok Metropolis.

The value added taxes collectible under this section shall be considered as the value added taxes under the Revenue Code.

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§ 113

In the event that a law authorises a municipality to be a competent authority for any activity, Bangkok Metropolis shall, when the activity is to be carried out in its districts, become a competent authority under such law and shall take as its revenues all costs, licence costs and fines concerning the said activity.

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§ 114

Bangkok Metropolis may, by ordinance, collect certain costs from the persons receiving or benefited by the public services provided by it; prescribed that prior approval of the Minister of Interior must be obtained.

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§ 115

In collecting taxes and costs under this Act, the Governor of Bangkok, the Deputy Governors of Bangkok, the Clerk of Bangkok, the Deputy Clerks of Bangkok, the directors of the offices, the chiefs of the administrative agencies called otherwise and having the status of office, the district directors, the directors of the divisions, the chief officers of the divisions, or the holders of the equivalent positions who are authorised by the Governor of Bangkok, shall be the competent authorities to exercise the powers and execute the duties under the laws concerned, save where those laws otherwise prescribe.

In enforcing payment of outstanding taxes, the Clerk of Bangkok or the district directors, with the approval of the Governor of Bangkok, shall be empowered to seize and sale by auction property of the persons liable for such payment. This power may be exercised without any judicial writ of seizure or judicial order.

In seizing and selling by auction the property mentioned in paragraph 2, the processes under the Code of Civil Procedure shall be abided by mutatis mutandis.

The remainders of the money obtained from a sale by auction and deducted from the expenses of seizure and sale and from the payment of outstanding taxes shall, if any, be returned to the owners of the property in question.

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§ 116

Bangkok Metropolis may authorise a ministry, bureau or department in charge of collection of taxes or costs to collect certain taxes or costs on its behalf. In this respect, the ministry, bureau or department shall deliver the collected money to Bangkok Metropolis after deducting it from the expenses set forth in a ministerial regulation.

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§ 117

Revenues of Bangkok Metropolis may be the following:

(1) ⁠ incomes arising from property of Bangkok Metropolis;

(2) ⁠ incomes arising from public utilities of Bangkok Metropolis;

(3) ⁠ incomes arising from Bangkok metropolitan commercial business, activities carried out with other persons, or syndicates;

(4) ⁠ taxes or costs granted by laws to municipalities or specifically to Bangkok Metropolis;

(5) ⁠ costs, licence costs and fines granted by the laws;

(6) ⁠ service charges under section 92;

(7) ⁠ incomes obtained from the bonds sold upon approval of the Council of Ministers and permitted by an ordinance of Bangkok Metropolis;

(8) ⁠ money borrowed from ministries, bureaus, departments, organisations or legal persons upon approval of the Council of Bangkok;

(9) ⁠ financial support provided by the Government, government agencies or other local governments, and grants-in-aid provided by the Government;

(10) ⁠ financial aid provided by foreign states, foreign organisations or international organisations;

(11) ⁠ money borrowed from foreign states, foreign organisations or international organisations upon approval of the Council of Bangkok;

(12) ⁠ money and other property dedicated to Bangkok Metropolis;

(13) ⁠ financial aid or remunerations;

(14) ⁠ incomes arising from public property or from state enterprises which carry out activities in Bangkok Metropolis with a view to seeking profits, as specified by the laws;

(15) ⁠ incomes arising from the collection of special property taxes or costs as specified by the laws;

(16) ⁠ other revenues legally given to Bangkok Metropolis.

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§ 118

Expenditure of Bangkok Metropolis may be the following:

(1) ⁠ salaries;

(2) ⁠ regular wages;

(3) ⁠ provisional wages;

(4) ⁠ remunerations;

(5) ⁠ current expenses;

(6) ⁠ public utility expenses;

(7) ⁠ supplies expenses;

(8) ⁠ expenses concerning durable articles;

(9) ⁠ land and building expenses;

(10) ⁠ financial support;

(11) ⁠ other expenditure as determined by the laws or by the rules of Bangkok Metropolis;

(12) ⁠ expenditure pursuant to obligations.

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§ 119

Money of Bangkok Metropolis shall be disbursed as permitted by the ordinances on annual expenditure budgets or ordinances on additional expenditure budgets. Failing which, money shall be disbursed according to the criteria and procedure set forth in the laws, statutes, rules, regulations or ordinances concerned.

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§ 120

The State Audit Office shall audit the receipt of money, disbursement of money, accounts, finances and other property of Bangkok Metropolis.

At the end of a fiscal year, the Governor of Bangkok shall forthwith publish in the Government Gazette an annual report on receipt and disbursement of expenditure budgets throughout that fiscal year.

Upon having audited the annual report pursuant to paragraph 2, the State Audit Office shall make an audit report and submit it to the Governor of Bangkok to further be forwarded to the Council of Bangkok.

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Chapter 8

Relations between the Government and Bangkok Metropolis

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§ 121

For the sake of other official duties than those belonging to Bangkok Metropolis in compliance with this Act and other laws, a ministry, bureau or department may, upon agreement with Bangkok Metropolis, dispatch its government officers to Bangkok Metropolis to carry out some of its official activities thereat.

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§ 122

The Government shall directly establish budgets as financial support for Bangkok Metropolis.

Subject to other relevant laws, the Minister of Interior may issues the rules governing the disbursement of financial support which the Government grants to Bangkok Metropolis.

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§ 123

The Minister of Interior shall be given the authority to control the official activities of Bangkok Metropolis. For such purpose, the Minister of Interior may order inquiries into certain facts or order the Governor of Bangkok to give explanations or opinions concerning the official activities of Bangkok Metropolis. Finding that any activity of the Governor of Bangkok is contrary to a law or cabinet resolution or would prejudice Bangkok Metropolis, the Minister of Interior may suspend such activity or issue any order as he sees proper.

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Transitory Provisions

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§ 124

Pending enactment of the royal decrees or issuance of the ministerial regulations, rules, regulations, ordinances, announcements or orders for the execution of this Act, those still effective on the date of publication of this Act in the Government Gazette shall apply mutatis mutandis.

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§ 125

A law on elections of Councillors of Bangkok and Governor of Bangkok shall be brought into existence within two years from the coming into force of this Act.

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§ 126

Bangkok Metropolis shall establish the administrative agencies under section 60 within ninety days from the coming into force of this Act.

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§ 127

The Councillors of Bangkok, the Governor of Bangkok and the district councillors shall completely be elected within ninety days from the coming into force of this Act.

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§ 128

Pending enactment of a law on elections of Councillors of Bangkok and Governor of Bangkok, the provisions of the law on elections of Representatives shall apply mutatis mutandis and the authority of a provincial governor under such law shall then be vested in the Clerk of Bangkok.

In conducting the election pursuant to paragraph 1, each district shall become a constituency and the Minister of Interior shall announce the number of the Councillors of Bangkok to be elected in each constituency.

The number of the Councillors to represent each district shall be determined by the number of the citizens of such district as appeared in the civil register last published by the Ministry of Interior before the date the royal decree ordaining the election is published in the Government Gazette. In this respect, one hundred thousand citizens shall be represented by one Councillor. If the citizens of any district are less than one hundred thousand, such district shall be represented by one Councillor. If there are more than one hundred thousand citizens in any district, every one hundred thousand citizens shall be represented by one Councillor. The remainders of one hundred thousand shall be counted as another one hundred thousand, if they are fifty thousand or more.

The announcement under paragraph 2 and the outcomes of the election of Councillors of Bangkok shall be published in the Government Gazette.

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§ 129

Pending enactment of the royal decree under section 59, the rate of salaries of Governor of Bangkok, Deputy Governors of Bangkok, Secretary to the Governor of Bangkok and Assistant Secretaries to the Governor of Bangkok under the Bangkok Metropolitan Administration Act, BE 2518 (1975), which was amended by the Revolutionary Council Announcement No. 24 dated 8 November 1977, shall apply.

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§ 130

During a period of time from the coming into force of this Act to the election of Councillors of Bangkok under section 127, the Councillors of Bangkok incumbent on the date of publication of this Act in the Government Gazette shall remain active. If appropriate, the Minister of Interior, with the approval of the Council of Ministers, may remove some or all of those Councillors and replace them with the persons whom he finds proper.

In cases a councillorship becomes vacant during the period of time under paragraph 1, the Minister of Interior may fill such vacancy with a person whom he finds proper.

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§ 131

The Governor of Bangkok and the Deputy Governors of Bangkok incumbent on the date of publication of this Act in the Government Gazette shall remain in their respective offices, until the Governor elected under section 127 assumes office. Where arises an appropriate cause during such period of time, the Minister of Interior, with the approval of the Council of Ministers, may remove the Governor and Deputy Governors of Bangkok and replace them with the persons whom he finds proper.

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§ 132

The positions of subdistrict chiefs, village chiefs, assistant village chiefs, subdistrict physicians and subdistrict inspectors which exist in Bangkok Metropolis on the date of coming into force of this Act shall remain in existence. Where any of these positions becomes unnecessary for any district or subdistrict, Bangkok Metropolis shall announce its abolition and publish the announcement in the Government Gazette.

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Countersigned by:

General P. Tinasulanonda,

Prime Minister.

Statement of Grounds

Statement of Grounds

The grounds for promulgation of this Act are as follows: Despite having been amended for five times, the provisions of the current Bangkok Metropolitan Administration Act, BE 2518 (1975), are still obsolete. In order to administer the official affairs of Bangkok Metropolis in a more proper and flexible manner allowing the convenient, expeditious and effective response to the desires of the people, and in order to comply with the principles of local government under the Constitution of the Kingdom of Thailand, it is therefore necessary to enact this Act.

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Footnotes[edit]

↑ Published in the Government Gazette: volume 102/part 115/special issue/page 1/31 August 1985.
↑ § 12 was amended by the Bangkok Metropolitan Administration Act (No. 3), BE 2539 (1996).
↑ § 12 (1) was amended by the Bangkok Metropolitan Administration Act (No. 4), BE 2542 (1999).
↑ § 13 (2) was repealed by the Bangkok Metropolitan Administration Act (No. 3), BE 2539 (1996).
↑ § 13 (5) was amended by the Bangkok Metropolitan Administration Act (No. 4), BE 2542 (1999).
↑ § 14 (1) was amended by the Bangkok Metropolitan Administration Act (No. 4), BE 2542 (1999).
↑ § 15 was repealed by the Bangkok Metropolitan Administration Act (No. 4), BE 2542 (1999).
↑ § 16 was amended by the Bangkok Metropolitan Administration Act (No. 3), BE 2539 (1996).
↑ § 16 (6) was repealed by the Bangkok Metropolitan Administration Act (No. 5), BE 2550 (2007).
↑ § 23 (9) was inserted by the Bangkok Metropolitan Administration Act (No. 4), BE 2542 (1999).
↑ § 52 (9) was inserted by the Bangkok Metropolitan Administration Act (No. 4), BE 2542 (1999).
↑ § 89 (14 bis) was inserted by the Bangkok Metropolitan Administration (No. 4), BE 2542 (1999).
↑ § 98, ¶ 1, was amended by the Bangkok Metropolitan Administration Act (No. 4), BE 2542 (1999).
↑ § 112 was amended by the Bangkok Metropolitan Administration Act (No. 2), BE 2534 (1991).
↑ § 112 bis was inserted by the Bangkok Metropolitan Administration Act (No. 2), BE 2534 (1991).

This work is a translation and has a separate copyright status to the applicable copyright protections of the original content.

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[1] Published in the Government Gazette: volume 102/part 115/special issue/page 1/31 August 1985.

[2] § 12 was amended by the Bangkok Metropolitan Administration Act (No. 3), BE 2539 (1996).

[3] § 12 (1) was amended by the Bangkok Metropolitan Administration Act (No. 4), BE 2542 (1999).

[4] § 13 (2) was repealed by the Bangkok Metropolitan Administration Act (No. 3), BE 2539 (1996).

[5] § 13 (5) was amended by the Bangkok Metropolitan Administration Act (No. 4), BE 2542 (1999).

[6] § 14 (1) was amended by the Bangkok Metropolitan Administration Act (No. 4), BE 2542 (1999).

[7] § 15 was repealed by the Bangkok Metropolitan Administration Act (No. 4), BE 2542 (1999).

[8] § 16 was amended by the Bangkok Metropolitan Administration Act (No. 3), BE 2539 (1996).

[9] § 16 (6) was repealed by the Bangkok Metropolitan Administration Act (No. 5), BE 2550 (2007).

[10] § 23 (9) was inserted by the Bangkok Metropolitan Administration Act (No. 4), BE 2542 (1999).

[11] § 52 (9) was inserted by the Bangkok Metropolitan Administration Act (No. 4), BE 2542 (1999).

[12] § 89 (14 bis) was inserted by the Bangkok Metropolitan Administration (No. 4), BE 2542 (1999).

[13] § 98, ¶ 1, was amended by the Bangkok Metropolitan Administration Act (No. 4), BE 2542 (1999).

[14] § 112 was amended by the Bangkok Metropolitan Administration Act (No. 2), BE 2534 (1991).

[15] § 112 bis was inserted by the Bangkok Metropolitan Administration Act (No. 2), BE 2534 (1991).

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Translation:Bangkok Metropolitan Administration Act, BE 2528 (1985)/2007.08.01

Footnotes[edit]

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