Volume 111, Issue 59A
Royal Gazette
21 December 2537
not more than 12 qualified persons appointed by the Council of Ministers as Members, of whom not less than six shall be appointed from amongst the representatives of the associations of owners of copyright or performers' rights and the representatives of the associations of users of copyright or performers' rights.[1]
The Commission may appoint any persons as its Secretary and Assistant Secretaries.
Section57.The qualified Members shall be in office for a term of two years. A Member who has vacated office may be reappointed.
In the event that a Member vacates office prior to [the expiry of] his term, or in the event that the Council of Ministers appoints an additional Member whilst the previously appointed Members are still in office,[2] the person appointed to hold office as a substitute or additional Member shall be in office for the remaining term of the previously appointed Members.
Section58.A qualified Member vacates office prior to [the expiry of] his term, upon:
(1)death;
(2)resignation;
(3)removal by the Council of Ministers;
(4)being a bankrupt;
(5)being an incompetent or quasi-incompetent person; or
(6)being sentenced to imprisonment by a final judgment of imprisonment, save where the penalty is given for an offence committed negligently or petty offence.
Section59.At a meeting of the Commission, the attendance of not less than one half of the total number of the Members is required for establishing a quorum. Should the President of the Commission be absent from a meeting or be unable to perform his duties, the Members present at the meeting shall select a Member of the Commission to preside over the meeting. The making of a decision of a meeting shall adhere to a majority of votes.[3]
In casting of votes, one Member shall have one vote. Should there be a parity of votes, the president of the meeting shall give one additional vote as a casting vote.
Section60.The Commission has the following powers and duties:
(1)to give recommendations or counsel to the Minister for the issuance of ministerial regulations in accordance with this Act;
(2)to rule on appeals against orders of the Director-General according to section 45 and section 55;
(3)to promote or support associations or entities[4] of authors or performers, in relation to the operations for collection of remuneration from other persons who use works which are subject to copyright or performers' rights and the protection or safeguarding of rights or any other interests according to this Act;
(4)to consider other matters as assigned by the Minister.
- ↑ Chai-ngan (ใช้งาน) can be considered to have a literal meaning, "to use the work", or to just mean "to use", "to put to use", or "to utilise". Thus, the phrase above can mean either (1) "associations of users of works [which are subject to] copyright or performer's rights" or just (2) "associations of users of copyright or performers' rights".
- ↑ Literally, "still have term of office".
- ↑ Literally, "the deciding of a meeting, a majority of votes shall be adhered to".
- ↑ In this Act, the terms ongkon (องค์กร) and ongkan (องค์การ) are used. Linguistically, ongkon was coined for organ (body of an organisation that carries out a certain function); and ongkan, for organisation. However, in the fourth amendment, the term ongkon appears to be used for entity, a term in the Marrakesh Treaty. Therefore, the term ongkon here is also translated as entity for consistency.
