Volume 122Issue 58A
Royal Gazette
16 July 2548
Section3.The Act on Public Administration in State of Emergency, 2495 BE, shall be repealed.
Section4.In this Emergency Decree—
“state of emergency” means a situation which affects or may affect public order, or endangers the security of the State, or may subject the Country or any part thereof to a crisis, or involves the commission of an offence of terrorism according to the Criminal Code, fighting, or warfare, in respect of which urgent measures are required for maintenance of the democratic administration with a Monarch as Head according to the Constitution of the Kingdom of Thailand, the independence and territorial integrity, the interests of the Nation, the observance of law, the safety of the public, the peaceful subsistence of the people, the protection of rights and freedoms, common order or interests, or the aversion, rectification, or remedying of damage from a public calamity which arises in an urgent and severe manner;
“competent officer” means a person appointed by the Prime Minister to perform the duties under this Emergency Decree.
Section5.When a state of emergency appears to have occurred and the Prime Minister finds it appropriate to use forces of administrative or police officials, civil officials, or military officials to jointly effect prevention, rectification, suppression, abatement, rehabilitation, or public aid, the Prime Minister shall have the power to announce, with the approval of the Council of Ministers, a state of emergency to be enforced throughout the Kingdom or in certain territories or localities according to the necessity of the situation. In the event that the approval of the Council of Ministers cannot be sought in time, the Prime Minister may announce the state of emergency first and arrange for it to be approved by the Council of Ministers within three days. If he fails to seek the approval of the Council of Ministers within the designated time or the Council of Ministers refuses to give the approval, the announcement of the mentioned state of emergency shall come to an end.
An announcement of a state of emergency according to paragraph 1 shall be in operation throughout the time period designated by the Prime Minister, but not over three months from the day of the announcement. In the event of necessity to extend the time period, the Prime Minister shall have the power to announce, with the approval of the Council of Ministers, extensions of the operative period not exceeding three months each.
