Translation:Act Establishing Bueng Kan Province, BE 2554 (2011)
Act
Establishing Bueng Kan Province,
BE 2554 (2011)
Bhumibol Adulyadej, R.
Given under Our Hand this 11th Day of March, BE 2554 (2011);
Being the 66th Year of Our Reign.
Phra Bat Somdet Phra Paraminthra Maha Bhumibol Adulyadej pleased to proclaim that:
Whereas it is desirable to establish Bueng Kan Province;
Be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the National Assembly, as follows:
§ 1
This Act shall be cited as the "Act Establishing Bueng Kan Province, BE 2554 (2011)".
§ 2
This Act shall come into force as from the day following the date of its publication in the Government Gazette.[1]
§ 3
Bueng Kan District, Seka District, So Phisai District, Bung Khla District, Bueng Khong Long District, Pak Khat District, Phon Charoen District and Si Wilai District shall be removed from the administration of Changwat Nong Khai to be incorporated into Bueng Kan Province and shall assume territorial jurisdiction as existing on the date of coming into force of this Act.
§ 4
Bueng Kan District shall be renamed Mueang Bueng Kan District.
§ 5
All activities, property, obligations, rights and budgets of Nong Khai Province in relation to the districts mentioned in section 3 shall be transferred to Bueng Kan Province.
§ 6
There shall be established a Bueng Kan Provincial Administrative Organisation, having the same territorial jurisdiction as Bueng Kan Province.
§ 7
All activities, property, obligations, rights, annual expenditure budgets and additional expenditure budgets of the Nong Khai Provincial Administrative Organisation in respect of the districts referred to in section 3 shall be transferred to the Bueng Kan Provincial Administrative Organisation.
§ 8
All ordinances, rules, regulations, announcements and orders of the Nong Khai Provincial Administrative Organisation which are in force on the date of coming into force of this Act shall become those of the Bueng Kan Provincial Administrative Organisation until modification.
§ 9
All activities concerning taxation, registration and other matters which have been carried out in the districts described in section 3 shall be executed as before until any different instruction is given. The proceeds collected from the districts stated in section 3 as from the date of coming into force of this Act shall be delivered to Bueng Kan Province.
§ 10
For the purpose of the elections under section 109 (1) of the Constitution of the Kingdom of Thailand, the Representative having been elected in Constituency 2 of Nong Khai Province prior to the date of coming into force of this Act shall be deemed to have been elected in Bueng Kan Province, whilst those having been elected in Constituency 1 of Nong Khai Province before the date of coming into force of this Act shall be regarded as having been elected in Nong Khai Province.
§ 11
The Councillors of the Nong Khai Provincial Administrative Organisation who represent the districts set out in section 3 and are incumbent on the date of coming into force of this Act shall become those of the Bueng Kan Provincial Administrative Organisation and shall vacate their offices upon expiry of the Council of the Nong Khai Provincial Administrative Organisation.
Pending election of the Councillors of the Nong Khai Provincial Administrative Organisation and the Councillors of the Bueng Kan Provincial Administrative Organisation to acquire a complete number of Councillors according to paragraph 3, the Council of the Nong Khai Provincial Administrative Organisation and the Council of the Bueng Kan Provincial Administrative Organisation shall consist of the existing Councillors referred to in paragraph 1. If the Council of the Nong Khai Provincial Administrative Organisation or the Council of the Bueng Kan Provincial Administrative Organisation lacks President and Vice Presidents, it shall select the President and Vice Presidents ad interim.
An election of the Councillors of the Nong Khai Provincial Administrative Organisation and an election of the Councillors of the Bueng Kan Provincial Administrative Organisation shall be held to acquire a complete number of Councillors according to the law on provincial administrative organisation within one hundred and twenty days as from the date of coming into force of this Act, save where the remaining term of the Council of the Nong Khai Provincial Administrative Organisation is less than one hundred and eighty days. The Councillors of both Provincial Administrative Organisations who are so elected shall vacate their offices upon expiry of the Council of Nong Khai Provincial Administrative Organisation.
In electing the Councillors of the Nong Khai Provincial Administrative Organisation and the Councillors of the Bueng Kan Provincial Administrative Organisation, the constituencies shall still be determined by district areas, until the Councillors of both Provincial Administrative Organisations vacate their offices upon expiry of the Council of the Nong Khai Provincial Administrative Organisation or until dissolution of either Council. The eligible voters shall be entitled to vote for the candidates according to the existing vacancies on the basis of their districts. In this respect, the elections shall be organised in conformance with the rules and procedure laid down by the Election Commission.
§ 12
Within one hundred and twenty days as from the date of coming into force of this Act, an election of Chief of Bueng Kan Provincial Administrative Organisation shall be held in accordance with the law on provincial administrative organisation.
Pending election of Chief of Bueng Kan Provincial Administrative Organisation under paragraph 1, the Secretary of the Nong Khai Provincial Administrative Organisation shall serve as both the Secretary of the Bueng Kan Provincial Administrative Organisation and the Chief of the Bueng Kan Provincial Administrative Organisation, bearing the duty to conduct the elections of the complete number of the Chief and Councillors of the Bueng Kan Provincial Administrative Organisation and to undertake any other necessary actions for the time being until announcement of the result of the election of Chief of Bueng Kan Provincial Administrative Organisation under paragraph 1.
§ 13
Pending appointment of the Provincial Administrative Organisation Civil Service Commission, the Municipal Service Commission and the District Service Commission for Bueng Kan Province; the Provincial Administrative Organisation Civil Service Commission, the Municipal Service Commission and the District Service Commission for Nong Khai Province shall act as those for Bueng Kan Province.
All criteria, conditions, rules and resolutions governing local personnel administration which are issued by the Provincial Administrative Organisation Civil Service Commission, the Municipal Service Commission and the District Service Commission for Nong Khai Province and are in force on the date of coming into force of this Act shall be deemed as those issued by the Provincial Administrative Organisation Civil Service Commission, the Municipal Service Commission and the District Service Commission for Bueng Kan Province until modification.
§ 14
The Minister of Interior shall be in charge of this Act.
- Countersigned.
- Abhisit Vejjajiva,
- Prime Minister.
Statement of Grounds
The grounds for promulgation of this Act are as follows: Since Nong Khai Province lies along the borderline with geographical characters of long range, communication between remote districts and the Province always meets with difficulty and takes an immoderately long period of time. In order to smoothly organise public administration, maintain security and provide convenience to local inhabitants, Bueng Kan District, Seka District, So Phisai District, Bung Khla District, Bueng Khong Long District, Pak Khat District, Phon Charoen District and Si Wilai District should be removed from Nong Khai provincial administration to form Bueng Kan Province. It is therefore necessary to enact this Act.
Footnotes
[edit]- ↑ Published in the Government Gazette: volume 128/part 18 A/page 1/22 March 2011.
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