Translation:Administrative Organisation of Bangkok Metropolitan Administration Act, 2528 BE
Table of contents
- Act
- Preamble
- Chapter
- Administrative organisation of Bangkok Metropolitan Administration
- Government of Bangkok Metropolis
- Organisation of public affairs of Bangkok Metropolitan Administration
- Substitution and authorisation
- Powers and duties of Bangkok Metropolitan Administration
- Bye-laws
- Financial affairs and property of Bangkok Metropolitan Administration
- Relationship between Government and Bangkok Metropolitan Administration
- Transitory provisions
- Statement of grounds
Volume 102Issue 115
Royal Gazette
31 August 2528
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Administrative Organisation of
Bangkok Metropolitan Administration
Act, 2528 BE
Bhumibol Adulyadej R
Given on the 20th day of August 2528 BE
Being the 40th year of the present reign
His Majesty King Maha Bhumibol Adulyadej is pleased to give a Great Royal Command that it be announced as follows:
Whereas it is appropriate to improve the law on administrative organisation of Bangkok Metropolitan Administration;
Therefore, by and with the advice and consent of the National Assembly, He is graciously pleased to enact the following Act:
Section1.This Act is called the Administrative Organisation of Bangkok Metropolitan Administration Act, 2528 BE.
Section2.This Act shall enter into operation from the day following the day of its publication in the Royal Gazette onwards.
Section3.The following shall be repealed:
(1)the Administrative Organisation of Bangkok Metropolitan Administration Act, 2518 BE;
(2)the Administrative Organisation of Bangkok Metropolitan Administration Act (No 2), 2518 BE;
(3)the Administrative Organisation of Bangkok Metropolitan Administration Act (No 3), 2519 BE;
(4)the Announcement of the Revolutionary Party No 24 dated 8 November 2520 BE;
(5)the Administrative Organisation of Bangkok Metropolitan Administration Act (No 4), 2522 BE;
(6)the Administrative Organisation of Bangkok Metropolitan Administration Act (No 5), 2523 BE.
Section4.The provisions of any other law, statute, rule, regulation, or order which refer to the Bangkok Metropolitan Administration, cantons, communes, provinces, districts, subdistricts, provincial administrative organisations, municipalities, or sanitary administrations, shall be deemed to refer to the Bangkok Metropolitan Administration, cantons, or communes under this Act, as the case may, in so far as they are not contrary or repugnant to the provisions of this Act.
Section5.The Minister of Interior shall be in charge of the implementation of this Act.
Section6.The Bangkok Metropolitan Administration shall have juristic personality and shall be a local government with administrative organisation according to this Act and with the territorial area corresponding to that which belongs to the Bangkok Metropolitan Administration on the day of entry into operation of this Act.
Modification of the territorial area of the Bangkok Metropolitan Administration shall be effected by an act.
Section7.The administrative area of the Bangkok Metropolitan Administration shall be divided into cantons and communes according to the area which belongs to each of them on the day of entry into operation of this Act.
Establishment, dissolution, or modification of the area of a canton shall be effected by an announcement of the Ministry of Interior and published in the Royal Gazette.
If found appropriate, the administrative area of a canton may be divided into communes. Establishment, dissolution, or modification of the area of a commune shall be effected by an announcement of the Ministry of Interior and published in the Royal Gazette.
Section8.The provisions of any law shall, if referring to the area of a province, refer to the Bangkok Metropolitan Administration or, if referring to the area of a district, refer to a canton or, if referring to the area of a subdistrict, refer to a commune or, if referring to the head of a canton, refer to the director of a canton under this Act.
Section9.The government of Bangkok Metropolis is composed of—
(1)the Bangkok Metropolitan Council;
(2)the Governor of Bangkok Metropolis.
Section10.The Bangkok Metropolitan Council is composed of a number of Councillors elected by inhabitants according to the criteria designated in section 11.
Section11.An election of Bangkok Metropolitan Councillors may be held once a royal decree requiring the election has been issued. Such royal decree shall specify the day of the election and the time period for recruitment of electoral candidates.
Electoral constituencies shall be designated using the number of one hundred thousand inhabitants as the rule. Attempts shall be made to ensure that all electoral constituencies have a similar number of inhabitants as much as possible. However, the area of one canton shall not be merged with that of another canton, nor shall certain parts of one commune be merged with another commune.
Each electoral constituency shall be entitled to have one Bangkok Metropolitan Councillor. If the number of inhabitants in any canton does not suffice to constitute an electoral constituency, that canton shall have one Bangkok Metropolitan Councillor elected and shall be considered to be one electoral constituency.
In designating electoral constituencies, the numbers of inhabitants shall be calculated in accordance with the evidential civil register last announced by the Ministry of Interior prior to the day the royal decree requiring the election of Bangkok Metropolitan Councillors is promulgated, and the designation shall be effected by an announcement of the Ministry of Interior.
The criteria and procedures for the designation of electoral constituencies, the discrepancies in the numbers of inhabitants in the electoral constituencies, and the procedures for the holding of elections shall be set out in the law on elections of Bangkok Metropolitan Councillors and Bangkok Metropolis Governor.
Section12.A person who has the right to vote in elections of Bangkok Metropolitan Councillors must have the following qualifications:
(1)being of Thai nationality;
(2)having attained not less than full eighteen years of age on the 1st day of January of the year of the election; and
(3)having been named in the household register of his electoral constituency for a consecutive period of not less than ninety days up to the day of the election.
Section13.A person is prohibited from exercising the right to vote in an election of Bangkok Metropolitan Councillors if he is attacked by any of the following disqualifications on the day of the election:
(1)having insanity or mental infirmity;
(2)being deaf and dumb and being unable to read and write;
(3)being a bhikṣu, sāmaṇera, ascetic, or cleric;
(4)being incarcerated by a court warrant or lawful order;
(5)being suspended by a judgment from the right to vote in elections.
Section14.A person who has the right to apply for candidacy in an election of Bangkok Metropolitan Councillors must have the following qualifications:
(1)bein of Thai nationality by birth; however, a Thai national whose father is an alien must also have the qualifications under section 15;
(2)having attained not less than full twenty-five years of age on the day of the election; and
(3)having been named in the household register of Bangkok Metropolis for a consecutive period of not less than one hundred and eighty days up to the day of applying for candidacy, or having been named in the household register of Bangkok Metropolis and having paid tax according to the law on tenement and land tax or the law on local maintenance tax to the Bangkok Metropolitan Administration during the year of applying for candidacy or one year prior.
Section15.The parts of the law on elections of Members of the House of Representatives which deal with the qualifications of a Thai national whose father is an alien and who has the right to apply for electoral candidacy shall apply mutatis mutandis to the qualifications of a Thai national whose father is an alien and who has the right to apply for candidacy in an election of Bangkok Metropolitan Councillors.
Section16.A person who is attacked by any of the following disqualifications is prohibited from exercising the right to apply for candidacy in an election of Bangkok Metropolitan Councillors:
(1)being addicted to a harmful narcotic;
(2)being a bankrupt person not yet discharged from the case by any court;
(3)being attacked by the disqualification under section 13(1), (2), (3), or (5) which debars the exercise of the right to vote in elections;
(4)being subject to a judgment or lawful order imposing imprisonment and being incarcerated by a court warrant or by such lawful order;
(5)save in a case of an offence committed through negligence, having been subject to a judgment or lawful order imposing imprisonment of two years or more and having been discharged therefrom for a period not yet reaching five years up to the day of the election;
(6)being a member of an assembly with legislative duties, local councillor, member of a local administrative body, or local administrator;
(7)being a candidate in an election of members of an assembly with legislative duties, local councillors, members of a local administrative body, or local administrators;
(8)being a public servant with fixed position or monthly salaries;
(9)being an officer or employee of a public agency, whether belonging to the Central Government, a provincial government, or a local government, or being an officer or employee of a state enterprise or of a commercial enterprise of a local government;
(10)having been expelled, dismissed, discharged, or disemployed by a public agency or state enterprise for a period not yet amounting to eight years, counted from the day of being expelled, dismissed, discharged, or disemployed, as the case may be, up to the day of applying for candidacy, on account of having committed corruption in office;
(11)having been removed from the position of Governor of Bangkok Metropolis for a period not yet amounting to eight years up to the day of applying for candidacy;
(12)having been removed from a position of Bangkok Metropolitan Councillor according to section 23(8) for a period not yet amounting to eight years up to the day of applying for candidacy;
(13)having been removed from a position of member of an assembly with legislative duties, local councillor, member of a local administrative body, or local administrator for a period not yet amounting to eight years, counted from the day of being removed form the position up to the day of applying for candidacy, on account of having acted against peace and order or public welfare, having caused disorder to a local council, having acted in such a way that was likely to impair the interest of the public sector or the Country, having failed to act or having acted in a manner not permissible by a power or duty, or having such conduct that would bring dishonour to the position, locality, or public sector.
Section17.The Bangkok Metropolitan Council exists for a term of four years from the day of election of its Councillors.
Once the term of the Bangkok Metropolitan Council ends, a general election of new Bangkok Metropolitan Councillors shall be held, which must be scheduled to take place within sixty days from the day the term of the Bangkok Metropolitan Council ends. Such election must be scheduled to be held on the same day throughout Bangkok Metropolis.
Section18.In the event that the activities of the Governor of Bangkok Metropolis and the Bangkok Metropolitan Council are in conflict to the extent likely to damage the Bangkok Metropolitan Administration or the public sector as a whole, the Governor of Bangkok Metropolis may propose to the Minister of Interior dissolution of the Bangkok Metropolitan Council, together with the grounds therefor, so as to have the Bangkok Metropolitan Councillors elected anew.
If the Minister of Interior has not announced dissolution of the Bangkok Metropolitan Council within fifteen days from the day of his receipt of the proposal therefor, the Governor of Bangkok Metropolis may submit a new proposal to him for reconsideration within thirty days from the day of his receipt of the proposal under paragraph 1. In this respect, the Minister of Interior may agree or disagree with the proposal for reconsideration, but he must finish considering it within thirty days from the day of his receipt thereof.
In the event that the Governor of Bangkok Metropolis wishes to propose dissolution of the Bangkok Metropolitan Council to the Minister of Interior again on account of the same situation, he may do so upon the passage of ninety days from the day of completion of the thirty-day period from the day the Minister of Interior receives the proposal for reconsideration according to paragraph 2.
Section19.If it appears that the activities of the Governor of Bangkok Metropolis and the Bangkok Metropolitan Council are in conflict or the activities of the Governor of Bangkok Metropolis and the Bangkok Metropolitan Council are in an incorrect way which may damage the Bangkok Metropolitan Administration or the public sector as a whole and such a situation cannot be appropriately rectified by any other means than dissolution of the Bangkok Metropolitan Council, the Minister of Interior may announce dissolution of the Bangkok Metropolitan Council upon the approval of the Council of Ministers, so as to have the Bangkok Metropolitan Councillors elected anew.
Section20.The dissolution of the Bangkok Metropolitan Council under section 18 or 19, or the denial by the Minister of Interior of the proposal of the Governor of Bangkok Metropolis for reconsideration according to 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 Royal Gazette.
Section21.The Bangkok Metropolitan Councillors start their councillorship from the day of their election and stay in their positions for the term of the Bangkok Metropolitan Council.
When a position of Bangkok Metropolitan Councillor falls vacant for any other reason than expiry of the term of the Bangkok Metropolitan Council or dissolution of the Bangkok Metropolitan Council, a Bangkok Metropolitan Councillor shall be elected within a period of ninety days, save where the remaining term of the Bangkok Metropolitan Council is less than one hundred and eighty days.
The replacing Bangkok Metropolitan Councillor shall be in councillorship for the remaining term of the Bangkok Metropolitan Council only.
Section22.It is prohibited for a Bangkok Metropolitan Councillor to hold any other position or carry out any other duty in a public entity, state agency, state enterprise, commercial enterprise of the Bangkok Metropolitan Administration, or company in which the Bangkok Metropolitan Administration is a shareholder, or to hold a position of local administrator or local officer.
Section23.A Bangkok Metropolitan Councillor loses his councillorship for any of the following reasons:
(1)retirement due to the term of the Bangkok Metropolitan Council or dissolution of the Bangkok Metropolitan Council;
(2)death;
(3)resignation, which shall be effected by submission of a resignation letter to the President of the Bangkok Metropolitan Council and which shall take effect from the day following the day of submission of the resignation letter;
(4)lack of a qualification under section 14 or attack by a disqualification under section 16, save section 16(4);
(5)commission of the act prohibited by section 22;
(6)being imprisoned due to a final judgment imposing imprisonment, save for an offence committed through negligence or a petty offence;
(7)absence from meetings of the Bangkok Metropolitan Council throughout a session scheduled to last for not less than thirty days, without permission from the President of the Bangkok Metropolitan Council;
(8)removal by a ruling of the Bangkok Metropolitan Council upon having been found to have committed an act which impaired the dignity of his position; the resolution of the Bangkok Metropolitan Council on this issue must obtain the votes of not less than two thirds of the total number of the Bangkok Metropolitan Councillors and shall take effect from the day of its passage by the Bangkok Metropolitan Council.
In the event under (8), the removal shall be made upon a request from the Minister of Interior or a motion jointly submitted by not less than one third of the total number of the Bangkok Metropolitan Councillors to the Bangkok Metropolitan Council for consideration.
Section24.In the event that a Bangkok Metropolitan Councillor is alleged to have lose his councillorship for the reason under section 23(4), (5), or (7), the President of the Bangkok Metropolitan Council shall conduct inquiry. If the President of the Bangkok Metropolitan Council reports that the Bangkok Metropolitan Councillor loses his councillorship as alleged and the Minister of Interior concurs therewith, the Minister of Interior shall order him to vacate his position.
Section 53 shall apply mutatis mutandis to the vacation of position according to this section.
Section25.The Bangkok Metropolitan Council shall select from amongst the Bangkok Metropolitan Councillors one as President of the Bangkok Metropolitan Council and not more than two as Vice Presidents of the Bangkok Metropolitan Council. They shall hold the positions immediately upon being selected.
The Minister of Interior shall publish in the Royal Gazette the names of the persons selected as President and Vice Presidents of the Bangkok Metropolitan Council.
The President and Vice Presidents of the Bangkok Metropolitan Council hold their positions for a term of two years.
Section26.The President or Vice President of the Bangkok Metropolitan Council vacates his position prior to expiry of his term for any of the following reasons:
(1)loss of his councillorship in the Bangkok Metropolitan Council;
(2)resignation, which shall be effected by submission of a resignation letter to the Minister of Interior and shall take effect from the day following the day of submission of the resignation letter;
(3)joint submission by not less than one third of the total number of the Bangkok Metropolitan Councillors of a motion for the Bangkok Metropolitan Council to select new President or Vice President of the Bangkok Metropolitan Council, and passage of a resolution in favour thereof by the Bangkok Metropolitan Council through the votes of not less than three fourths of the total number of the Councillors, in respect of which the person in question shall vacate his position upon selection of President or Vice President of the Bangkok Metropolitan Council, as the case may be.
In the events under paragraph 1, the Bangkok Metropolitan Council shall select new President or Vice President of the Bangkok Metropolitan Council, as the case may be, and the selected person shall be in the position for the term of his predecessor.
Section27.The President of the Bangkok Metropolitan Council has the power and duty to conduct the activities of the Bangkok Metropolitan Council in accordance with its rules.
The Vice Presidents of the Bangkok Metropolitan Council have the power and duty to carry out activities on behalf of the President of the Bangkok Metropolitan Council when the President of the Bangkok Metropolitan Council is absent or unable to carry out duties or as assigned by the President of the Bangkok Metropolitan Council.
When the President and Vice Presidents of the Bangkok Metropolitan Council are absent from a meeting or unable to carry out duties, the Bangkok Metropolitan Councillors shall select one amongst themselves to serve as ad hoc president of such meeting.
Section28.There shall be one Secretary to the President of the Bangkok Metropolitan Council and Secretaries to the Vice Presidents of the Bangkok Metropolitan Council not exceeding the number of the Vice Presidents of the Bangkok Metropolitan Council. They are appointed by the President of the Bangkok Metropolitan Council.
Section29.The Bangkok Metropolitan Council has the power to enact rules relating to ethics of Bangkok Metropolitan Councillors, as well as meeting rules relating to the selection of and the carrying out of duties by the President of the Bangkok Metropolitan Council, Vice Presidents of the Bangkok Metropolitan Council, and standing or select committees of the Bangkok Metropolitan Council, the conduct of meetings, the submission and consideration of bills for bye-laws, the submission of motions, the holding of discussions, the holding of debates, the passage of resolutions, the conduct of interpellation, the opening of general debates, the maintenance of law and order, and other activities which fall under the duties of the Bangkok Metropolitan Council.
Section30.Within fifteen days from the day of a general election of Bangkok Metropolitan Councillors, the Minister of Interior shall convene the Bangkok Metropolitan Council so as to enable the Councillors to meet for the first time.
The Bangkok Metropolitan Council shall have not less than two, but not more than four, ordinary sessions per year. The Bangkok Metropolitan Council shall designate the number of the ordinary sessions and the day of commencement of each annual ordinary session.
Each ordinary session of the Bangkok Metropolitan Council shall last for a period of thirty days. But in the event of necessity, the President of the Bangkok Metropolitan Council shall order extensions of an ordinary session as necessary, but not over fifteen days each.
An ordinary session may be closed before the thirty-day period completes only upon the approval of the Bangkok Metropolitan Council.
The President of the Bangkok Metropolitan Council shall convene the Bangkok Metropolitan Council according to its sessions, and shall open or close the sessions.
Section31.Apart from the ordinary sessions, the Governor of Bangkok Metropolis or not less than one third of the total number of the Bangkok Metropolitan Councillors may submit to the President of the Bangkok Metropolitan Council a motion for convening an extraordinary session of the Bangkok Metropolitan Council in the event that it is necessary for the benefit of Bangkok Metropolis. The President of the Bangkok Metropolitan Council shall convene the session by designating the meeting days within fifteen days from the day of his receipt of the motion.
An extraordinary session shall last for a period of thirty days. But in the event of necessity, the President of the Bangkok Metropolitan Council shall order extensions of the extraordinary session as necessary, but not over fifteen days each.
An extraordinary session may be closed before the thirty-day period completes only upon the approval of the Bangkok Metropolitan Council.
Section32.At every meeting of the Bangkok Metropolitan Council, the attendance of not less than half of the total number of the Councillors is required for establishing a quorum.
The Governor of Bangkok Metropolis, the Deputy Governors of Bangkok Metropolis, and/or the persons assigned by the Governor of Bangkok Metropolis have the right to attend meetings of the Bangkok Metropolitan Council and have the right to state facts or express opinions relating to the work under their duties to the meetings, but they have no right to vote.
Section33.Passage of a resolution to rule upon a discussed matter shall adhere to the majority of votes, save where this Act or a meeting rule of the Bangkok Metropolitan Council otherwise provides.
One Bangkok Metropolitan Councillor has one vote in voting. If votes are tied, the president of the meeting shall give one additional vote as a casting vote.
Section34.The Bangkok Metropolitan Council shall not meet to discuss a matter outside its powers or duties.
Section35.The meetings of the Bangkok Metropolitan Council are public, subject to the particulars designated in the meeting rules of the Bangkok Metropolitan Council. But if a secret meeting is requested by the Governor of Bangkok Metropolis or not less than one fourth of the total number of the Bangkok Metropolitan Councillors, a secret meeting shall then be held.
Section36.At a meeting of the Bangkok Metropolitan Council, a Councillor has the right to interpellate the Governor of Bangkok Metropolis in any matter relating to the work under the duties of the Bangkok Metropolitan Administration. But the Governor of Bangkok Metropolis has the right to withhold his answer when he finds that the matter should not yet be disclosed because it relates to an important benefit of Bangkok Metropolis.
Section37.Not less than two fifths of the total number of the Bangkok Metropolitan Councillors have the right to jointly submit a motion for opening a general debate in order to have the Governor of Bangkok Metropolis state facts or express opinions as to a problem which relates to the administration of Bangkok Metropolis.
At the general debate opened in accordance with this section, the Bangkok Metropolitan Councillor shall not pass a resolution upon the problem debated.
Section38.The Bangkok Metropolitan Councillor has the power to select its Councillors to form its standing committees and has the power to select persons who are its Councillors or are not its Councillors to form its select committees for carrying out any activities or considering, inquiring into, or studying any matters which fall under the powers and duties of the Bangkok Metropolitan Administration before reporting about them to the Bangkok Metropolitan Council.
The Governor of Bangkok Metropolis has the right to nominate Bangkok Metropolitan Councillors or persons who are not Bangkok Metropolitan Councillors to the Bangkok Metropolitan Council for appointment as members of select committees. The number of the members that the Governor of Bangkok has the right to nominate shall be designated in a rule of the Bangkok Metropolitan Council.
Section39.A select committee for consideration of a bill for a budgetary bye-law shall be composed of members numbering not less than one third of the total number of the Bangkok Metropolitan Councillors. In addition, the Governor of Bangkok Metropolis has the right to nominate persons who are or are not Bangkok Metropolitan Councillors to the Bangkok Metropolitan Council for appointment as members, whose number shall not exceed one third of the total members.
Section40.At the meetings of the committees under sections 38 and 39, the attendance of not less than half of the total numbers of the members is required for establishing a quorum and the meeting rules of the Bangkok Metropolitan Council shall apply mutatis mutandis.
Section41.The committees of the Bangkok Metropolitan Council have the power to summon Bangkok Metropolitan officials to appear and state facts or express opinions as to the activities the committees are carrying out or the matters the committees are considering, inquiring into, or studying. This power may be exercised whilst the Bangkok Metropolitan Council is out of session. In addition, if necessary, each committee may set up subcommittees to consider in detail the matters which fall under the duties of the committee before reporting about them to the committee.
Section42.The standing committees of the Bangkok Metropolitan Council shall exist for a term of two years each.
The select committees under sections 38 and 39 shall cease to exist upon having completely carried out the work assigned and reported about it to the Bangkok Metropolitan Council.
Section43.The President of the Bangkok Metropolitan Council, the Vice Presidents of the Bangkok Metropolitan Council, and the Bangkok Metropolitan Councillors, as well as the members of the committees set up by the Bangkok Metropolitan Council or of the subcommittees set up by those committees, shall be entitled to positional allowances, meeting allowances, and other remunerative money as designated by a royal decree and paid out of the budget of the Bangkok Metropolitan Administration.
Section44.Bangkok Metropolis shall have one Governor of Bangkok Metropolis, whom inhabitants elect by means of direct and secret ballot.
An election of Governor of Bangkok Metropolis may be held once a royal decree requiring the election has been issued. Such royal decree shall specify the day of the election and the time period for recruitment of electoral candidates.
The criteria and procedures for the holding of elections of Governor of Bangkok Metropolis shall be set out in the law on elections of Bangkok Metropolitan Councillors and Bangkok Metropolis Governor.
The results of the election of Governor of Bangkok Metropolis shall be published in the Royal Gazette.
Section45.The persons who have the right to vote in an election of Governor of Bangkok Metropolis must have the qualifications under section 12 and must not be attacked by the disqualifications under section 13.
Section46.The persons who have the right to apply for candidacy in an election of Governor of Bangkok Metropolis must have the qualifications under section 14 and must not be attacked by the disqualifications under section 16.
Section47.The Governor of Bangkok Metropolis stays in his position for a term of four years from the day of his election.
Once the Governor of Bangkok Metropolis has vacated his position by reason of his term, a new election shall be organised within sixty days from the day of the end of his term. But if his position falls vacant for a different reason, a new election shall be held within ninety days and the person elected shall assume the position with the term counted anew.
Section48.The Governor of Bangkok Metropolis shall hold his position from the day of his election.
The work under the duties of the Governor of Bangkok Metropolis shall be assigned within seven days from the day of the election.
Section49.The Governor of Bangkok Metropolis has the following powers and duties:
(1)to designate the policy and administer the public affairs of Bangkok Metropolis in accordance with the law;
(2)to give orders, permission, and approval with respect to the public affairs of Bangkok Metropolis;
(3)to appoint and remove Deputy Governors of Bangkok Metropolis, Secretaries to the Governor of Bangkok Metropolis, and Assistant Secretaries to the Governor of Bangkok Metropolis, and to appoint and remove qualified persons as presiding advisors, advisors, or members of advisory boards to the Governor of Bangkok Metropolis or committees for carrying out any public affairs;
(4)to administer the public affairs as assigned by the Council of Ministers, Prime Minister, or Minister of Interior;
(5)to lay down regulations for the work of the Bangkok Metropolitan Administration to proceed in a smooth manner;
(6)to secure the implementation of the bye-laws of the Bangkok Metropolitan Administration;
(7)other powers and duties provided in this Act and other laws.
Section50.The Governor of Bangkok Metropolis shall be the commander of the public servants and employees of the Bangkok Metropolitan Administration and shall be responsible for the carrying out of public affairs by the Bangkok Metropolitan Administration. In addition, the powers and duties which other laws designate to be the powers and duties of provincial governors, mayors, or municipal councils, as the case may be, shall also belong to him mutatis mutandis, save where this Act otherwise provides.
Section51.It is prohibited for the Governor of Bangkok Metropolis—
(1)to hold any other position or carry out any other duty in a public entity, state agency, state enterprise, commercial enterprise of the Bangkok Metropolitan Administration, or company in which the Bangkok Metropolitan Administration is a shareholder, or to hold a position of local administrator or local officer, save where it is required by a legal provision;
(2)to receive any special money or benefit from a public entity, state agency, state enterprise, commercial enterprise of the Bangkok Metropolitan Administration, or company in which the Bangkok Metropolitan Administration is a shareholder, other than that which the public entity, state agency, state enterprise, commercial enterprise, or compony would normally provide to other persons in the course of its business;
(3)to be a party to or has interest in a contract concluded with the Bangkok Metropolitan Administration, a commercial enterprise of the Bangkok Metropolitan Administration, or a company in which the Bangkok Metropolitan Administration is a shareholder, save where he has been a party thereto or has had interest therein since before being elected.
The provisions of this section shall be inapplicable in the event that the Governor of Bangkok Metropolis is entitled to biawat, bamnet, bamnan, annual grant for the royal family, or any other similar money, and shall be inapplicable in the event that the Governor of Bangkok Metropolis is entitled to remunerations, meeting allowances, or any other money because of his membership in a committee of the National Assembly, Senate, House of Representatives, Bangkok Metropolitan Council, or other local council, a committee to which he is appointed on account of being a qualified person according to a legal provision, or a committee of which he is an ex officio member according to a legal provision.
Section52.The Governor of Bangkok Metropolis vacates his position for any of the following reasons:
(1)retirement due to his term;
(2)death;
(3)resignation, which shall be effected by submission of a resignation letter to the Minister of Interior and shall take effect from the day following the day of submission of the resignation letter;
(4)lack of a qualification or attacked by a disqualification according to the provisions of section 46, save the disqualification under section 16(4);
(5)commission of such a prohibited act as provided in section 51;
(6)being imprisoned due to a final judgment imposing imprisonment, save for an offence committed through negligence or a petty offence;
(7)dissolution of the Bangkok Metropolitan Council;
(8)removal ordered by the Minister of Interior upon a resolution of the Council of Ministers, in the event that he is shown to have committed an act which impaired the dignity of his position, or, in a manner which could be seen to cause serious damage to Bangkok Metropolis, the public sector as a whole, or the maintenance of peace and order or welfare of the people, carried out an act or omitted to carry out an act which should have been carried out.
In the event that the circumstance under (8) occurs, the Bangkok Metropolitan Council may adopt a resolution to ask the Minister of Interior to refer the matter to the Council of Ministers for consideration. The resolution of the Bangkok Metropolitan Council on this issue must obtain the votes of not less than two thirds of the total number of the Bangkok Metropolitan Councillors. In this respect, the Minister of Interior must refer the matter to the Council of Ministers within fifteen days from the day he is notified of the resolution of the Bangkok Metropolitan Council.
Section53.Upon occurrence of the event under section 52(4) or (5), the Minister of Interior shall order inquiry before ordering the person in question to vacate the position. But the person ordered to vacate the position has the right to file a plaint with a court for revocation of the order within fifteen days from the day he receives the order for vacation of position.
Pending a judgment from the court, the person ordered to vacate the position shall suspended the carrying out of duties from the day of his receipt of the order until the issuance of the judgment by the court.
In the event that the person ordered to vacate the position does not file a plaint with a court or a court gives a judgment in favour of the order, the person shall vacate the position from the day of issuance of the order by the Minister of Interior.
The day of receipt of the order for vacation of position shall refer to the day on which the Governor of Bangkok Metropolis receives the mentioned order.
Section54.The Governor of Bangkok Metropolis who has vacated his position in accordance with section 52(1) shall remain in the position until a newly elected Governor of Bangkok Metropolis assumes duties. But in the event that he has vacated his position for any other reason than his term, the Permanent Secretary to the Bangkok Metropolitan Administration shall serve in the position of Governor of Bangkok Metropolis. If there is no Permanent Secretary to the Bangkok Metropolitan Administration or the existing one is unable to act, the Minister of Interior shall appoint the Deputy Permanent Secretary to the Bangkok Metropolitan Administration or public servant of the Bangkok Metropolitan Administration who has precedence according to the regulations or conventions of the public sector to serve in the position of Governor of Bangkok Metropolis.
Section55.There shall be no more than four Deputy Governors of Bangkok Metropolis, whose order shall be established by the Governor of Bangkok Metropolis. They assist the Governor of Bangkok Metropolis in administering the public affairs of Bangkok Metropolis according to the assignment orders given by the Governor of Bangkok Metropolis.
An order on appointment of a Deputy Governor of Bangkok Metropolis shall be published in the Royal Gazette.
Section56.There shall be one Secretary to the Governor of Bangkok Metropolis and Assistant Secretaries to the Governor of Bangkok Metropolis not exceeding the number of the Deputy Governor of Bangkok Metropolis.
Section57.In the event that presiding advisors, advisors, and members of advisory boards to the Governor of Bangkok Metropolis are appointed in accordance with section 49(3), the holders of the mentioned positions shall not exceed nine in total.
Section58.The Governor of Bangkok Metropolis, the Deputy Governors of Bangkok Metropolis, the Secretary to the Governor of Bangkok Metropolis, the Assistant Secretaries to the Governor of Bangkok Metropolis, the Secretary to the President of the Bangkok Metropolitan Council, the Secretaries to the Vice Presidents of the Bangkok Metropolitan Council, the presiding advisors, and the advisors shall be political public servants according to the law on regulation of political public servants.
The law on regulation of political public servants shall apply to the holders of the positions under paragraph 1 in so far as they are not contrary or repugnant to the provisions of this Act. In addition, the Governor of Bangkok Metropolis or the President of the Bangkok Metropolitan Council, as the case may be, shall have the power to appoint political public servants in the positions of Deputy Governors of Bangkok Metropolis, Secretary to the Governor of Bangkok Metropolis, Assistant Secretaries to the Governor of Bangkok Metropolis, Secretary to the President of the Bangkok Metropolitan Council, Secretaries to the Vice Presidents of the Bangkok Metropolitan Council, presiding advisors, and advisors from amongst the persons whom the Governor of Bangkok Metropolis or the President of the Bangkok Metropolitan Council, as the case may be, finds to be appropriate political and who also have the qualifications for political public servants according to the law on regulation of political public servants, and the provisions of section 51 shall apply to the mentioned persons as well.
When the Governor of Bangkok Metropolis or the President of the Bangkok Metropolitan Council, as the case may be, who has appointed a political public servant according to paragraph 2 vacates his position, the appointed political public servant shall also vacate his own position. Apart from this, the mentioned person must also vacate the position in accordance with the law on regulation of political public servants, or upon commission of such a prohibited act as provided in section 51, or upon removal by an order of the Governor of Bangkok Metropolis or the President of the Bangkok Metropolitan Council, whether or not the person is at fault.
Section59.The political public servants under section 58 and the members of the committees appointed by the Governor of Bangkok Metropolis shall be entitled to monthly salaries, bonuses, meeting allowances, and other remunerative money for their positions as designated in a royal decree and paid out of the budget of the Bangkok Metropolitan Administration.
Section60.The public affairs of the Bangkok Metropolitan Administration shall be organised as follows:
(1)Office of the Secretary to the Bangkok Metropolitan Council;
(2)Office of the Secretary to the Governor of Bangkok Metropolis;
(3)Office of the Bangkok Metropolitan Public Service Commission;
(4)Bureau of the Permanent Secretary to the Bangkok Metropolitan Administration;
(5)bureaus or public entities called otherwise and having the status of bureau;
(6)canton offices.
Establishment, dissolution, or modification of bureaus, or division of the public affairs within the agencies under paragraph 1, requires concurrence from the Bangkok Metropolitan Public Service Commission, and shall be effected by an announcement of the Bangkok Metropolitan Administration and published in the Royal Gazette.
Section61.The Office of the Secretary to the Bangkok Metropolitan Council has the power and duty to deal with routine public affairs of the Bangkok Metropolitan Council. The Secretary to the Bangkok Metropolitan Council, who is an ordinary Bangkok Metropolitan public servant, is the commander of its Bangkok Metropolitan public servants and Bangkok Metropolitan employees, is directly subject to the Permanent Secretary to the Bangkok Metropolitan Administration, and is responsible to the President of the Bangkok Metropolitan Council for the carrying out of public affairs by the Office of the Secretary to the Bangkok Metropolitan Council. In addition, the Assistant Secretaries to the Bangkok Metropolitan Council, who are ordinary Bangkok Metropolitan public servants, provide assistance by ordering or carrying out public affairs on behalf of the Secretary to the Bangkok Metropolitan Council.
Section62.The Office of the Secretary to the Governor of Bangkok Metropolis has the power and duty to deal with the public affairs and work of the Governor of Bangkok Metropolis. The Secretary to the Governor of Bangkok Metropolis, who is a political public servant, is the commander of its Bangkok Metropolitan public servants and Bangkok Metropolitan employees and is responsible to the Governor of Bangkok Metropolis for the carrying out of public affairs by the Office of the Secretary to the Governor of Bangkok Metropolis. The Assistant Secretaries to the Governor of Bangkok Metropolis, who are political public servants, provide assistance by ordering or carrying out public affairs on behalf of the Secretary to the Governor of Bangkok Metropolis. In addition, the Head of the Office of the Secretary to the Governor of Bangkok Metropolis, who is an ordinary Bangkok Metropolitan public servant, assists the Secretary to the Governor of Bangkok Metropolis and the Assistant Secretaries to the Governor of Bangkok Metropolis in relation to the carrying out of public affairs by the Office of the Secretary to the Governor of Bangkok Metropolis and the exercise of command over the Bangkok Metropolitan public servants and Bangkok Metropolitan employees, and is subject to the Secretary to the Governor of Bangkok Metropolis, the Permanent Secretary to the Bangkok Metropolitan Administration, and the Governor of Bangkok Metropolis, respectively.
Section63.The Office of the Bangkok Metropolitan Public Service Commission has the power and duty to deal with routine public affairs of the Bangkok Metropolitan Public Service Commission. The Head of the Office of the Bangkok Metropolitan Public Service Commission, who is an ordinary Bangkok Metropolitan public servant, is the commander of its Bangkok Metropolitan public servants and Bangkok Metropolitan employees, is subject to the Permanent Secretary to the Bangkok Metropolitan Administration, and is responsible to the President of the Bangkok Metropolitan Public Service Commission for the carrying out of public affairs by the Office of the Bangkok Metropolitan Public Service Commission. In addition, there may be one or several Assistant Heads of the Office of the Bangkok Metropolitan Public Service Commission, who are ordinary Bangkok Metropolitan public servants, to provide assistance by ordering or carrying out public affairs on behalf of the Head of the Office of the Bangkok Metropolitan Public Service Commission.
Section64.The Bureau of the Permanent Secretary to the Bangkok Metropolitan Administration has the power and duty to deal with routine public affairs of the Bangkok Metropolitan Administration and the public affairs which have not been placed under the duty of any public entity specifically. The Permanent Secretary to the Bangkok Metropolitan Administration, who is an ordinary Bangkok Metropolitan public servant, is the commander of its Bangkok Metropolitan public servants and Bangkok Metropolitan employees and is responsible for the carrying out of public affairs by the Bureau of the Permanent Secretary to the Bangkok Metropolitan Administration. In addition, there may be one or several Deputy Permanent Secretaries to the Bangkok Metropolitan Administration, who are ordinary Bangkok Metropolitan public servants, to provide assistance by ordering or carrying out public affairs on behalf of the Permanent Secretary to the Bangkok Metropolitan Administration.
Section65.Apart from the power and duty provided in section 64, the Permanent Secretary to the Bangkok Metropolitan Administration shall have the powers and duties as designated by the law and by the orders of the Governor of Bangkok Metropolis. In addition, he shall be responsible for and shall oversee routine public affairs of the Bangkok Metropolitan Administration to ensure their compliance with the policy of the Bangkok Metropolitan Administration, shall supervise, expedite, and follow up the carrying out of public affairs by the public entities of the Bangkok Metropolitan Administration, and shall be the commander of the Bangkok Metropolitan public servants and the Bangkok Metropolitan employees next to the Governor of Bangkok Metropolis.
Section66.A bureau under section 60(5) has the power and duty to deal with the public affairs designated in announcements of the Bangkok Metropolitan Administration. The director of the bureau, who is an ordinary Bangkok Metropolitan public servant, is the commanders of its Bangkok Metropolitan public servants and Bangkok Metropolitan employees and is responsible for the carrying out of public affairs by the bureau. In addition, there may be one or several deputy director of the bureau, who are ordinary Bangkok Metropolitan public servants, to provide assistance by ordering or carrying out public affairs on behalf of the director of the bureau.
Section67.Apart from the power and duty provided in section 66, the director of a bureau shall have the powers and duties as designated by the law and by the orders of the Governor of Bangkok Metropolis and of the Permanent Secretary to the Bangkok Metropolitan Administration. In addition, he shall be responsible for and shall oversee routine public affairs of his bureau to ensure their compliance with the policy of the Bangkok Metropolitan Administration, and shall supervise, expedite, and follow up the carrying out of public affairs by the bureau he is responsible for.
Section68.A canton office has a canton director as the commander of its Bangkok Metropolitan public servants and Bangkok Metropolitan employees, who shall be responsible for the carrying out of public affairs within the canton. In addition, there may be one or several assistant canton directors to provide assistance by ordering or carrying out public affairs on behalf of the canton director.
Section69.A canton director shall have the following powers and duties:
(1)the powers and duties which the law provides to be powers and duties of chief district officers, save where this Act otherwise provides;
(2)the powers and duties which the law provides to be powers and duties of canton directors;
(3)the powers and duties assigned by the Governor of Bangkok Metropolis or the Permanent Secretary to the Bangkok Metropolitan Administration.
Section70.In the event that it is appropriate, the Governor of Bangkok Metropolis may order any canton office to carry out any duty on behalf of another canton office, either in whole or in part, and may order any canton director to be responsible for the carrying out of that duty. Such order must be published in the Royal Gazette.
Section71.In a canton, there shall be a canton council composed of elected councillors. Each canton shall have at least seven councillors. If the inhabitants in any canton exceed one hundred thousand, one additional canton councillor shall be elected per every one hundred thousand inhabitants. The residue of one hundred thousand, if amounting to or over fifty thousand, shall be counted as one hundred thousand.
The number of the canton councillors that each canton should have shall be calculated in accordance with the number of the inhabitants in such canton according to the evidential civil register last announced by the Ministry of Interior prior to the day of announcing the requirement to hold an election of canton councillors. In addition, the Minister of Interior shall announce the number of the canton councillors to be elected in each canton.
As regards the qualifications and disqualifications of the persons having the right to vote in elections and the persons having to right to apply for candidacy in an election of canton councillors, the provisions of sections 12, 13, 14, 15, and 16 shall apply mutatis mutandis.
The criteria and procedures for the holding elections of canton councillors shall be set out in a bye-law of the Bangkok Metropolitan Administration.
The announcements under paragraph 2 and of the results of an election of canton councillors shall be made in the form of announcements of the Bangkok Metropolitan Administration and published in the Royal Gazette.
Section72.A canton council exists for a term of four years from the day of election of its councillors.
Once the term of a canton council ends, a general election of new canton councillors shall be held, which must be scheduled to take place within sixty days from the day the term of the canton council ends.
Section73.A canton councillor starts his councillorship from the day of his election and stays in his position for the term of his canton council.
When the positions of canton councillors of any canton fall vacant up to half of the number of the canton councillors that the canton should have as announced in accordance with section 71, paragraph 5, the councillorship in such canton council shall end and the canton councillors shall be elected anew within ninety days from the occurrence of the mentioned event.
Section74.A canton council shall select from amongst its canton councillors one as its president and one as its vice president. They shall hold the positions immediately upon being selected.
The Governor of Bangkok Metropolis shall announce the names of the persons selected as president and vice president of the canton council.
The president and vice president of the canton council hold their positions for a term of one year.
Section75.Within fifteen days from the day of an election of canton councillors, the canton director shall schedule a meeting of the canton council so as to enable the councillors to meet for the first time.
The canton council shall designate that it meet at least once a month, and its resolution shall govern the days and time of its meetings.
Section76.The canton director, the assistant canton directors, and/or the persons assigned by the canton director have the duty to attend the meetings of the canton council and have the right to state facts or express opinions relating to the work under their duty to the meetings, but they have no right to vote.
Section77.The presidents of the canton councils and the canton councillors shall be entitled to positional allowances, meeting allowances, and other remunerative money as designated by a royal decree and paid out of the budget of the Bangkok Metropolitan Administration.
Section78.The canton director shall provide convenience as to the meetings of and other activities which fall under the powers and duties of the canton council.
Section79.A canton council shall have the following powers and duties:
(1)to provide ideas and observations in relation to a canton development plan to the canton director and the Bangkok Metropolitan Council;
(2)to allocate budget for development of the canton as designated in a bye-law of the Bangkok Metropolitan Administration on budget process or expenditure budget;
(3)to monitor and superintend the performance of the canton office for the benefit of the inhabitants;
(4)to provide advice or observations to the canton director concerning the improvement or rectification of the provision of services to the people in the canton; if the canton director takes no action without notifying it of any reason, the canton council shall notify the Governor of Bangkok Metropolis for further consideration and action;
(5)to counsel as requested by the canton director;
(6)to establish committees for carrying out any activities or considering, inquiring into, or studying any matters relating to the work of the canton council, as designated in the bye-laws of the Bangkok Metropolitan Administration concerned therewith;
(7)other duties as designated by the law or assigned by the Bangkok Metropolitan Administration.
The Bangkok Metropolitan Administration shall provide appropriate budget for development of cantons, the spending of which must be subject to the consideration and allocation of the canton councils in accordance with (2).
Section80.The dispositions of section 22; section 23; section 24; section 26(1) and (2), in respect of which an application for resignation shall be made to the canton council; section 27, paragraphs 1 and 2; section 32, paragraph 1; section 33; section 34; and section 35 shall apply mutatis mutandis to the canton councils, the canton councillors, the vice presidents of the canton councils, and the presidents of the canton councils.
Section81.The powers and duties of the Deputy Governors of Bangkok Metropolis to order or carry out public affairs shall be set out in the assignment orders of the Governor of Bangkok Metropolis.
In the event that the Governor of Bangkok Metropolis is unable to carry out public affairs, the Deputy Governors of Bangkok Metropolis shall substitute him in the order he has established according to section 55. If there is no Deputy Governor of Bangkok Metropolis or the existing ones are unable to carry out public affairs, the Permanent Secretary to the Bangkok Metropolitan Administration shall be the substitute. If there is no Permanent Secretary to the Bangkok Metropolitan Administration or the existing one is unable to carry out public affairs, the provisions of section 82, paragraph 2, shall apply mutatis mutandis.
As regards the powers to order, permit, approve, or carry out the public affairs which the Governor of Bangkok Metropolis should carry out or do according to any law, statute, regulation, rule, bye-law, or order, or according to a resolution of the Council of Ministers on any matter, if such law, statute, regulation, rule, bye-law, or order, or the resolution of the Council of Ministers on such matter does not otherwise designate as to authorisation, the Governor of Bangkok Metropolis may, in writing, authorise a Deputy Governor of Bangkok Metropolis to exercise them on his behalf. But if the Permanent Secretary to the Bangkok Metropolitan Administration, a Deputy Permanent Secretary to the Bangkok Metropolitan Administration, the director of a bureau, the head of a public entity called otherwise and having the status of bureau, or the director of a canton is to be authorised to exercise them on his behalf, this shall be effected by an order and published in the Royal Gazette.
Section82.In the event that there is a Deputy Permanent Secretary to the Bangkok Metropolitan Administration, the giving of orders on or the carrying out of public affairs by the Deputy Permanent Secretary to the Bangkok Metropolitan Administration shall be governed by the assignment orders of the Permanent Secretary to the Bangkok Metropolitan Administration.
In the event that there is no person holding the position of Permanent Secretary to the Bangkok Metropolitan Administration or the existing holder is unable to carry out public affairs, the Deputy Permanent Secretary to the Bangkok Metropolitan Administration shall be the substitute. If there are several Deputy Permanent Secretaries to the Bangkok Metropolitan Administration, the Deputy Permanent Secretary to the Bangkok Metropolitan Administration who has precedence according to the regulations or conventions of the public sector shall be the substitute. If there are no persons holding the positions of Deputy Permanent Secretaries to the Bangkok Metropolitan Administration or the existing holders are unable to carry out public affairs, the Governor of Bangkok Metropolis shall appoint any of the directors of bureaus or heads of public entities called otherwise and having the status of bureau as the substitute.
As regards the powers to order, permit, approve, or carry out the public affairs which the Permanent Secretary to the Bangkok Metropolitan Administration should carry out or do according to any law, statute, regulation, rule, bye-law, or order, or according to a resolution of the Council of Ministers on any matter, if such law, statute, regulation, rule, bye-law, or order, or the resolution of the Council of Ministers on such matter does not otherwise designate as to authorisation, the Permanent Secretary to the Bangkok Metropolitan Administration may, in writing, authorise a Deputy Permanent Secretary to the Bangkok Metropolitan Administration to exercise them on his behalf. But if the director of a bureau, the head of a public entity called otherwise and having the status of bureau, the director of a canton, the director of a division, the head of a division, or the holder of an equivalent position is to be authorised to exercise them on his behalf and in his name, this shall be effected by an order and published in the Royal Gazette.
Section83.In the event that a bureau has a deputy director, the giving of orders on or the carrying out of public affairs by the deputy director of the bureau shall be governed by the assignment orders of the director of the bureau.
In the event that there is no person holding the position of director of a bureau or the existing holder is unable to carry out public affairs, the deputy director of the bureau shall substitute him. If the bureau has several deputy directors, the deputy director who has precedence according to the regulations or conventions of the public sector shall be the substitute. If the bureau has no deputy director or the existing ones are unable to act, the Permanent Secretary to the Bangkok Metropolitan Administration shall appoint any of the directors of the divisions, heads of the divisions, or holders of equivalent positions as the substitute.
As regards the powers to order, permit, approve, or carry out the public affairs which the director of a bureau should carry out or do according to any law, statute, regulation, rule, bye-law, or order, or according to a resolution of the Council of Ministers on any matter, if such law, statute, regulation, rule, bye-law, or order, or the resolution of the Council of Ministers on such matter does not otherwise designate as to authorisation, the director of the bureau may, in writing, authorise a deputy director of the bureau to exercise them on his behalf. But if the director of a canton or the director of a division, head of a division, or holder of an equivalent position in the bureau is to be authorised to exercise them on his behalf and in his name, this shall be effected by an order and published it in the Royal Gazette.
Section84.In the event that a canton has an assistant director, the giving of orders on or the carrying out of public affairs by the assistant director of the canton shall be governed by the assignment orders of the director of the canton.
In the event that there is no person holding the position of director of a canton or the existing holder is unable to carry out public affairs, the assistant director of the canton shall be the substitute. If the canton has several assistant directors, the assistant director who has precedence according to the regulations or conventions of the public sector shall be the substitute. If the canton has no assistant director or the existing ones are unable to carry out public affairs, the Permanent Secretary to the Bangkok Metropolitan Administration shall appoint any of the directors of divisions, heads of divisions, or holders of equivalent positions as the substitute.
As regards the powers to order, permit, approve, or carry out the public affairs which the director of a canton should carry out or do according to any law, statute, regulation, rule, bye-law, or order, or according to a resolution of the Council of Ministers on any matter, if such law, statute, regulation, rule, bye-law, or order, or the resolution of the Council of Ministers on such matter does not otherwise designate as to authorisation, the director of the canton may, in writing, authorise an assistant director of the canton or the head of a public entity in the canton office to exercise them on his behalf.
Section85.The giving of orders on or the carrying out of public affairs by the Assistant Secretary to the Bangkok Metropolitan Council shall be governed by the assignment orders of the Secretary to the Bangkok Metropolitan Council.
In the event that there is no person holding the position of Secretary to the Bangkok Metropolitan Council or the existing holder is unable to carry out public affairs, the Assistant Secretary to the Bangkok Metropolitan Council shall be the substitute. If there are several Assistant Secretaries to the Bangkok Metropolitan Council, the President of the Bangkok Metropolitan Council shall, by order, assign substitution to any of them. If there is no Assistant Secretary to the Bangkok Metropolitan Council or the existing ones are unable to carry out public affairs, the President of the Bangkok Metropolitan Council shall appoint the public servant at the Office of the Secretary to the Bangkok Metropolitan Council who has precedence according to the regulations or conventions of the public sector as the substitute.
Section86.The giving of orders on or the carrying out of public affairs by the Assistant Secretary to the Governor of Bangkok Metropolis shall be governed by the assignment orders of the Secretary to the Governor of Bangkok Metropolis.
In the event that there is no person holding the position of Secretary to the Governor of Bangkok Metropolis or the existing holder is unable to carry out public affairs, the Assistant Secretary to the Governor of Bangkok Metropolis shall be the substitute. If there are several Assistant Secretaries to the Governor of Bangkok Metropolis, the Governor of Bangkok Metropolis shall, by order, assign substitution to any of them. If there is no Assistant Secretary to the Governor of Bangkok Metropolis or the existing ones are unable to carry out public affairs, the Governor of Bangkok Metropolis shall appoint the public servant at the Office of the Secretary to the Governor of Bangkok Metropolis who has precedence according to the regulations or conventions of the public sector as the substitute.
Section87.In the event that the Office of the Bangkok Metropolitan Public Service Commission has an Assistant Head, the giving of orders on or the carrying out of public affairs by the Assistant Head of the Office of the Bangkok Metropolitan Public Service Commission shall be governed by the assignment orders of the Head of the Office of the Bangkok Metropolitan Public Service Commission
In the event that there is no person holding the position of Head of the Office of the Bangkok Metropolitan Public Service Commission or the existing holder is unable to carry out public affairs, the Assistant Head of the Office of the Bangkok Metropolitan Public Service Commission shall be the substitute. If the Office of the Bangkok Metropolitan Public Service Commission has several Assistant Heads, the President of the Bangkok Metropolitan Public Service Commission shall appoint any of them as the substitute. If the Office of the Bangkok Metropolitan Public Service Commission has no Assistant Head or the existing ones are unable to carry out public affairs, the President of the Bangkok Metropolitan Public Service Commission shall appoint the public servant at the Office of the Bangkok Metropolitan Public Service Commission who has precedence according to the regulations or conventions of the public sector as the substitute.
Section88.The substitutes designated by this Act shall have the same powers and duties as the substituted.
In the event that the holder of any position or his substitute permits the holder of a different position to carry out a public affair on his behalf by assignment or authorisation, the latter shall have the same powers and duties as the former.
In the event that a different law appoints the holder of any position as a member of any committee or grants him any power or duty, the substitute or authorised shall have the same membership, power, or duty as the holder of such position during the period of substitution or authorisation, as the case may be.
Section89.Subject to other laws, the Bangkok Metropolitan Administration shall have the power and duty to carry out the following activities within the Bangkok Metropolitan Area:
(1)maintenance of public peace and order according to the bye-laws of the Bangkok Metropolitan Administration and other laws which designate that this be the power and duty of the Bangkok Metropolitan Administration;
(2)registration as designated by a law;
(3)prevention and mitigation of public disasters;
(4)maintenance of public cleanliness and orderliness;
(5)town planning;
(6)provision and maintenance of land courses, watercourses, and drainage;
(7)traffic engineering;
(8)transportation;
(9)provision and control of markets, berths, cross-river piers, and car parks;
(10)maintenance of public places;
(11)control of buildings;
(12)slum site improvement and housing;
(13)provision and maintenance of recreation places;
(14)development and conservation of environment;
(15)public utilities;
(16)public health, family hygiene, and medical treatment;
(17)provision and control of cemeteries and crematories;
(18)control of animal raising;
(19)provision and control of animal slaughter;
(20)control of safety, orderliness, and hygiene in theatres and other public places;
(21)provision of education;
(22)public assistance;
(23)social welfare;
(24)promotion of sport;
(25)promotion of occupations;
(26)commercial enterprises of the Bangkok Metropolitan Administration;
(27)others which a law designates to be the power or duty of a provincial governor, chief district officer, or city municipality, or which are assigned by the Council of Ministers, the Prime Minister, or the Minister of Interior, or which a law designates to be the duty of the Bangkok Metropolitan Administration.
The Bangkok Metropolitan Administration may, by a royal decree, ministerial statute, rule, or announcement, as the case may be, be authorised to exercise any power or duty which belongs to the Central Government or a provincial government. In the event that it has to be effected by a rule or announcement, it must have obtained concurrence from the Minister of Interior.
Section90.In carrying out the duties under section 89, the Governor of Bangkok Metropolis, the Deputy Governors of Bangkok Metropolis, the Permanent Secretary to the Bangkok Metropolitan Administration, the Deputy Permanent Secretaries to the Bangkok Metropolitan Administration, the heads of the public entities which are or are equivalent to bureaus, the canton directors, the assistant canton directors, and the Bangkok Metropolitan public servants appointed by the Governor of Bangkok Metropolis shall be the competent officers therefor and shall be in the capacity of administrative or police officers according to the definition under the Criminal Procedure Code.
During the interval between sunrise and sunset or during the office hours of the places concerned, the competent officers under paragraph 1 shall have the power to enter buildings or the precincts of their locations where the mentioned laws or bye-laws are reasonably suspected to have been contravened or have not been complied with. For this purpose, they shall have the power to ask the persons present or working there about facts or order them to produce documents or other relevant evidence, and shall have the power to seize or attach documents, evidence, vehicles, or anything relating to the commission of an offence, and shall have the power to arrest offenders as well.
In the event that an offender is arrested in accordance with paragraph 2, if the Governor of Bangkok Metropolis, the Permanent Secretary to the Bangkok Metropolitan Administration, a bureau director, the head of a public entity called otherwise and having the status of bureau, or a canton director, as the case may be, finds that the alleged offender does not deserve imprisonment, he shall have the power to settle the case and designate a fine. Once the alleged offender pays up the fine in the amount designated by the mentioned competent officer within thrity days from the day of the settlement, the case shall be deemed distinguished.
If the alleged offender does not agree with the fine or, having agreed therewith, fails to pay it within the mentioned time period, the Bangkok Metropolitan public servant appointed by the Governor of Bangkok Metropolis shall have the power to conduct inquiry and shall be in the capacity of inquiry officer according to the Criminal Procedure Code.
The monetary fines under this section shall be revenues of the Bangkok Metropolitan Administration.
Section91.In performing duties, the Governor of Bangkok Metropolis, the Deputy Governors of Bangkok Metropolis, the Secretary to the Governor of Bangkok Metropolis, the Assistant Secretaries to the Governor of Bangkok Metropolis, the Secretary to the President of the Bangkok Metropolitan Council, the Secretaries to the Vice Presidents of the Bangkok Metropolitan Council, the presiding advisors, the advisors, and the Bangkok Metropolitan public servants shall be officers under the Criminal Code.
Section92.The Bangkok Metropolitan Administration may, by enactment of a bye-law of the Bangkok Metropolitan Administration, charge private entities, public entities, state agencies, state enterprises, or local governments for the services provided to them.
Section93.The Bangkok Metropolitan Administration may carry out an activity outside the Bangkok Metropolitan Area when—
(1)it is necessary and it connects with an activity being carried out inside the Bangkok Metropolitan Area according to a power or duty or it benefits the people of Bangkok Metropolis; and
(2)it has obtained concurrence from the Bangkok Metropolitan Council; and
(3)the consent of the provincial governor, local government, or public entity concerned, as the case may be, has been obtained.
Section94.The Bangkok Metropolitan Administration may carry out an activity with other persons by means of founding a company or holding shares in a company when—
(1)the company only aims at activities which are public utilities, but this does not affect the activities which the Bangkok Metropolitan Administration has been carrying out since before the day of entry into operation of this Act; and
(2)the Bangkok Metropolitan Administration holds more than fifty per cent of the shares registered by the company; in the event that the Bangkok Metropolitan Administration, public entities, state agencies, state enterprises, or local governments jointly hold shares in the company, the shares they hold jointly shall be counted together; and
(3)the Bangkok Metropolitan Council has adopted a resolution to give its concurrence by the votes of more than half of the total number of the Bangkok Metropolitan Councillors; and
(4)the Minister of Interior has given his concurrence.
A change in the number of the shares held by the Bangkok Metropolitan Administration requires the approval of the Bangkok Metropolitan Council.
Section95.If any activity falls under a power or duty of the Bangkok Metropolitan Administration, the Bangkok Metropolitan Administration may carry out the activity with other public entities, state agencies, state enterprises, or local governments by means of establishing an organisation called syndicate, which shall have juristic personality and shall be administered by a committee composed of representatives of the Bangkok Metropolitan Administration and the concerned public entities, state agencies, state enterprises, or local governments, as the case may be.
Establishment of a syndicate shall be effected by enactment of a royal decree. Such royal decree shall designate its name, powers, duties, and operation procedure. When the syndicate has to be dissolved, this shall be effected by enactment of a royal decree, which shall also specify the procedures for management of its property.
Section96.In the event of necessity, the Bangkok Metropolitan Administration may permit a private entity to carry out an activity which is under its power or duty and to collect relevant fees, service charges, or gratuities on its behalf, but this requires prior concurrence from the Bangkok Metropolitan Council and the Minister of Interior.
The criteria, procedures, and conditions concerning the granting of permission to carry out the activity under paragraph 1 shall be set out in the regulations of the Bangkok Metropolitan Administration which have obtained concurrence from the Bangkok Metropolitan Council and the Minister of Interior.
The right to carry out the activity under paragraph 1 is exclusive and nontransferable.
Section97.In the following cases, a bye-law of the Bangkok Metropolitan Administration may be enacted upon concurrence from the Bangkok Metropolitan Council:
(1)implementation of a power or duty of the Bangkok Metropolitan Administration;
(2)a law provides that the Bangkok Metropolitan Administration has the power to enact the bye-law of the Bangkok Metropolitan Administration;
(3)operation of a commercial enterprise of the Bangkok Metropolitan Administration;
(4)financial affairs, budgetary affairs, monetary affairs, property affairs, seeking of benefits from property, hiring, and supply affairs.
A bye-law of the Bangkok Metropolitan Administration may designate a punishment for its violators. However, the punishment designated shall not be imprisonment of more than six months and/or a fine of more than ten thousand baht.
Section98.A bill for a bye-law of the Bangkok Metropolitan Administration can only be submitted by the Governor of Bangkok Metropolis or a Bangkok Metropolitan Councillor . If it is submitted by a Bangkok Metropolitan Councillor, it must be seconded by the signatures of not less than one fifth of the total number of the Bangkok Metropolitan Councillors.
A Bangkok Metropolitan Councillor may submit a bill for a money bye-law of the Bangkok Metropolitan Administration only when it has been seconded by the Governor of Bangkok Metropolis.
Section99.A bill for a money bye-law of the Bangkok Metropolitan Administration refers to a bill for a bye-law of the Bangkok Metropolitan Administration which deals with all or any of the following matters:
(1)imposition, repeal, reduction, alteration, remission, or regulation of taxation;
(2)appropriation, receipt, custody, or spending of money of the Bangkok Metropolitan Administration, or transfer of an expenditure budget of the Bangkok Metropolitan Administration;
(3)raising, guarantee, or repayment of a loan;
(4)financial affairs, budgetary affairs, monetary affairs, property affairs, seeking of benefits from property, hiring, and supply affairs;
(5)a commercial enterprise of the Bangkok Metropolitan Administration;
(6)issuance of a bond of the Bangkok Metropolitan Administration.
In the event of doubt as to whether any bill for a bye-law is a bill for a money bye-law which requires to be seconded by the Governor of Bangkok Metropolis, the President of the Bangkok Metropolitan Council shall give a ruling.
Section100.Once the Bangkok Metropolitan Council has considered a bill for a bye-law of the Bangkok Metropolitan Administration and passed a resolution to give its concurrence thereto, the President of the Bangkok Metropolitan Council shall send it to the Governor of Bangkok Metropolis within seven days from the day the Bangkok Metropolitan Council adopted the resolution to give its concurrence, and the Governor of Bangkok Metropolis shall sign the bill for a bye-law of the Bangkok Metropolitan Administration which the Bangkok Metropolitan Council has given its concurrence before publishing it in the Royal Gazette in order for it to enter into operation as a law within thirty days from the day he receives the bill from the President of the Bangkok Metropolitan Council.
Section101.In the event that the Governor of Bangkok Metropolis does not concur with the Bangkok Metropolitan Council, the Governor of Bangkok Metropolis shall send the bill in question and the grounds of his nonconcurrence to the Bangkok Metropolitan Council within thirty days from the day he receives the bill from the President of the Bangkok Metropolitan Council, in order that the Bangkok Metropolitan Council would reconsider it. If the Governor of Bangkok Metropolis fails to send it to the Bangkok Metropolitan Council within the mentioned period, the Governor of Bangkok Metropolis shall be deemed to have concurred with it and the President of the Bangkok Metropolitan Council shall, in place of the Governor of Bangkok Metropolis, sign it and publish it in the Royal Gazette in order for it to enter into operation as a law.
In the event that the Governor of Bangkok Metropolis has expressed his nonconcurrence and sent the bill to the Bangkok Metropolitan Council for reconsideration, the Bangkok Metropolitan Council may take up the bill for reconsideration only upon passage of thirty days from the day the Governor of Bangkok Metropolis sent the bill back to the Bangkok Metropolitan Council. But if it is a bill for a money bye-law of the Bangkok Metropolitan Administration, the Bangkok Metropolitan Council may take it up for reconsideration immediately.
In the event that the Bangkok Metropolitan Council has adopted a resolution to reaffirm its original resolution with the votes of not less than three fourths of the total number of the Bangkok Metropolitan Councillors, the President of the Bangkok Metropolitan Council shall send the bill in question to the Governor of Bangkok Metropolis, who shall further proceed with it in accordance with section 100. If the Governor of Bangkok Metropolis fails to do as designated, the President of the Bangkok Metropolitan Council shall, in place of the Governor of Bangkok Metropolis, sign the bill and publish it in the Royal Gazette in order for it to enter into operation as a law.
Section102.A bill for a bye-law of the Bangkok Metropolitan Administration, save that for an expenditure budget bye-law, shall lapse if the Bangkok Metropolitan Council does not concur with it.
The Governor of Bangkok Metropolis or a Bangkok Metropolitan Councillor may resubmit a bill which has lapsed in accordance with paragraph 1 only upon passage of one hundred and eighty days from the day the Bangkok Metropolitan Council expressed its nonconcurrence with the bill.
Section103.An expenditure budget of the Bangkok Metropolitan Administration shall be established in the form of a bye-law of the Bangkok Metropolitan Administration, which shall be submitted by the Governor of Bangkok Metropolis. If an expenditure budget bye-law for a new budget year cannot be issued in time with the budget year, the expenditure budget bye-law for the previous budget year shall apply for the time being.
In any year, if the amount of money designated in the expenditure budget bye-law for the budget year does not suffice the annual expenditure or a new expenditure budget needs to be established mid-year, an additional expenditure budget bye-law shall be initiated.
Section104.Subject to section 106, in the event that the Bangkok Metropolitan Council concurs with a bill for an expenditure budget bye-law, the Bangkok Metropolitan Council shall establish a select committee according to section 39 to consider the bill in line with the rules of the Bangkok Metropolitan Council and the Governor of Bangkok Metropolis shall sign it and publish it in the Royal Gazette in order for it to enter into operation.
Section105.Subject to section 106, in the event that the Bangkok Metropolitan Council does not concur with a bill for an expenditure budget bye-law, the Bangkok Metropolitan Council shall appoint eight Bangkok Metropolitan Councillors and the Governor of Bangkok Metropolis shall appoint seven persons who are not Bangkok Metropolitan Councillors to form a joint committee to consider conclusions to the disputes over the material points provided in the bill before reporting the consideration results to the Bangkok Metropolitan Council within ten days from the day of its establishment by the Bangkok Metropolitan Council.
If the Bangkok Metropolitan Council, by the votes of not less than three fourths of the total number of the Bangkok Metropolitan Councillors,s till does not concur with the results of the consideration by the joint committee, the bill for the expenditure budget bye-law shall lapse and the expenditure budget bye-law for the previous budget year shall apply for the time being. In such event, the Minister of Interior shall order dissolution of the Bangkok Metropolitan Council if it is proposed by the Governor of Bangkok Metropolis.
Section106.As regards a bill for an expenditure budget bye-law for a budget year or a bill for an additional expenditure budget bye-law, the Bangkok Metropolitan Council must finish considering it within forty-five days from the day the Bangkok Metropolitan Council considers it for the first time.
If the Bangkok Metropolitan Council fails to finish considering a bill for an expenditure budget bye-law within the time period mentioned in paragraph 1, the Bangkok Metropolitan Council shall be deemed to have concurred with it and the Governor of Bangkok Metropolis shall sign it and publish it in the Royal Gazette in order for it to enter into operation.
Section107.In the event that the term of the Bangkok Metropolitan Council has expired or the Bangkok Metropolitan Council has been dissolved, all the bills for the bye-laws of the Bangkok Metropolitan Administration which are pending concurrence in the Bangkok Metropolitan Council or which have already obtained concurrence from the Bangkok Metropolitan Council but have not yet been signed and promulgated as laws by the Governor of Bangkok Metropolis within thirty days from the day of his receipt of the bills from the President of the Bangkok Metropolitan Council shall lapse.
Section108.In absence of the Bangkok Metropolitan Council or in the event of emergency where there arises urgent necessity to maintain public safety or avert a public calamity and the Bangkok Metropolitan Council cannot be convened in good time, the Governor of Bangkok Metropolis may, with the approval of the Minister of Interior, issue an ordinance of the Bangkok Metropolitan Administration to be applied as a bye-law. Upon publication in the Royal Gazette, it shall enter into operation.
At the next meeting of the Bangkok Metropolitan Council, the ordinance of the Bangkok Metropolitan Administration shall be submitted to the Bangkok Metropolitan Council for its approval. If approved by the Bangkok Metropolitan Council, the ordinance of the Bangkok Metropolitan Administration shall continue to be applied as a bye-law of the Bangkok Metropolitan Administration. If disapproved by the Bangkok Metropolitan Council, the ordinance of the Bangkok Metropolitan Administration shall lapse, but this does not affect the activities carried out during the application of such ordinance of the Bangkok Metropolitan Administration.
The Governor of Bangkok Metropolis shall publish the approval or disapproval of the ordinance of the Bangkok in the Royal Gazette. In the event of disapproval, it shall take effect from the day following the day of its publication in the Royal Gazette.
Section109.As regards the local maintenance tax, the tenement and land tax, the signboard tax, the animal slaughter duty, and other benefits in connection with slaughter of animals in the Bangkok Metropolitan Area, the Bangkok Metropolitan Administration shall collect them as revenues of the Bangkok Metropolitan Administration according to the laws concerned therewith.
Section110.The taxes and fees relating to cars, motor cars, or carts which are collectable in the Bangkok Metropolitan Area shall be revenues of the Bangkok Metropolitan Administration according to the laws concerned therewith.
Section111.The Bangkok Metropolitan Administration shall have the power to issue bye-laws imposing a Bangkok Metropolitan maintenance tax on benzine and similar oil, diesel and similar oil, and petroleum gas distributed by retailers in the Bangkok Metropolitan Area, at the rate of not exceeding five satang per litre. A retail price increase which does not exceed the amount of the tax imposed in accordance with this section shall not be deemed to be prohibited by the law on designation of merchandise prices and prevention of monopolies.
Section112.The Bangkok Metropolitan Administration has the power to issue bye-laws imposing all or any of the following taxes and fees by increasing them by not more than ten per cent:
(1)trade tax according to the Revenue Code of Thailand;
(2)liquor sale licence fee according to the law on liquor;
(3)gambling licence fee according to the law on gambling.
In payment of the taxes and fees under this section, the remainder of one baht shall be cut off.
The taxes and fees under this section shall be considered to be the taxes and fees under the laws concerned therewith.
Section113.As regards any activity of which a municipality is authorised by the law to be the officer in charge, if the activity is in the Bangkok Metropolitan Area, the Bangkok Metropolitan Administration shall become the officer under such law and all the fees, licence fees, and fines in connection therewith shall become revenues of the Bangkok Metropolitan Administration.
Section114.The Bangkok Metropolitan Administration may issue bye-laws imposing any fees upon the persons who use or are benefited by the public services provided by it upon the concurrence of the Minister of Interior.
Section115.In collecting taxes, duties, and fees according to this Act, the Governor of Bangkok Metropolis, the Deputy Governors of Bangkok Metropolis, the Permanent Secretary to the Bangkok Metropolitan Administration, the Permanent Secretaries to the Bangkok Metropolitan Administration, the bureau directors, the heads of other public entities called otherwise and having the status of bureaus, the canton directors, the division directors, the division heads, or the holders of equivalent positions who are appointed by the Governor of Bangkok Metropolis shall become competent officers furnished with the power and duty to execute laws, save where the laws concerned therewith otherwise designate.
In enforcing payment of overdue taxes and duties, the Permanent Secretary to the Bangkok Metropolitan Administration or the canton directors shall have the power to, upon the concurrence of the Governor of Bangkok Metropolis, order seizure and sale by auction of the property of the persons liable thereto without having to apply to a court for a writ of seizure or an order.
The procedures for seizure and sale by auction of the property mentioned in paragraph 2 shall follow the Civil Procedure Code mutatis mutandis.
The money obtained from auction shall be returned to the owners of the property if any remains after deduction of the fees and expenses incurred in the seizure and sale and of the overdue taxes and duties.
Section116.The Bangkok Metropolitan Administration may authorise a ministry, subministry, or department which has the duty to collect a tax, duty, or fee to collect the tax, duty, or fee for it. In this event, after deduction of the expenses designated in ministerial statutes, the ministry, subministry, or department shall deliver the collected money to the Bangkok Metropolitan Administration.
Section117.The income of the Bangkok Metropolitan Administration may include the following:
(1)revenues obtained from the property of the Bangkok Metropolitan Administration;
(2)revenues obtained from the public utilities of the Bangkok Metropolitan Administration;
(3)revenues obtained from the commercial enterprises of the Bangkok Metropolitan Administration, the activities carried out with other persons, or the syndicates;
(4)taxes, duties, or fees which the law provides to municipalities or which the law specifically provides to the Bangkok Metropolitan Administration;
(5)fees, licence fees, and fines provided by the law;
(6)the service charges under section 92;
(7)revenues obtained from bonds distributed upon the concurrence of the Council of Ministers and enactment of a bye-law of the Bangkok Metropolitan Administration;
(8)loans obtained from any ministry, subminsitry, department, organisation, or juristic person upon the concurrence of Bangkok Metropolitan Council;
(9)financial support from the Government or other public entities or local governments, and grants-in-aid from the Government;
(10)financial aid from foreign countries, foreign organisations, or international organisations;
(11)loans obtained from foreign countries, foreign organisations, or international organisations upon the concurrence of Bangkok Metropolitan Council;
(12)other money and property dedicated to it;
(13)financial aid or remunerations;
(14)revenues obtained from state property or from state enterprises operating in Bangkok Metropolis with a view to seeking profits, as may be designated by the law;
(15)revenues obtained from collection of property taxes or special fees as may be designated by the law;
(16)other revenues provided by the law to the Bangkok Metropolitan Administration.
Section118.The expenditures of the Bangkok Metropolitan Administration may include the following:
(1)monthly salaries;
(2)regular wages;
(3)provisional wages;
(4)remunerations;
(5)outlays;
(6)public utility costs;
(7)costs of supplies;
(8)costs of durable goods;
(9)costs of land and structures;
(10)financial support;
(11)other expenditures designated by the law or the regulations of the Bangkok Metropolitan Administration;
(12)expenditures as per obligations.
Section119.The money of the Bangkok Metropolitan Administration shall be spent as permitted by the annual expenditure budget bye-laws or additional expenditure budget bye-laws. In absence of the permission from the expenditure budget bye-laws, the money shall be spent in accordance with the criteria and procedures designated in the laws, statutes, regulations, rules, or bye-laws concerned therewith.
Section120.The State Audit Office shall audit the receipt of money, the spending of money, the accounting affairs, the monetary affairs, and other property of the Bangkok Metropolitan Administration.
Upon the end of a budget year, the Governor of Bangkok Metropolis shall publish in the Royal Gazette without delay a report on the receipt and spending of money in the year that has ended.
Upon scrutiny of the report on annual receipt and spending of money under paragraph 2, the State Audit Office shall produce a report on the scrutiny results and submit it to the Governor of Bangkok Metropolis for further submission to the Bangkok Metropolitan Council.
Section121.For the purpose of the carrying out of other public duties than those which this Act and other laws provide to be under the powers and duties of the Bangkok Metropolitan Administration, if any ministry, subministry, or department finds it appropriate to send a public servant to be stationed at the Bangkok Metropolitan Administration and carry out the public affairs under the duties of the ministry, subministry, or department, it shall be able to do so upon agreement with the Bangkok Metropolitan Administration.
Section122.In establishing a budget to financially support the Bangkok Metropolitan Administration, the Government shall establish it for the Bangkok Metropolitan Administration directly.
Subject to other laws, the Minister of Interior may issue regulations governing the use of the financial support provided by the Government to the Bangkok Metropolitan Administration.
Section123.The Minister of Interior shall have the power and duty to supervise the carrying out of public affairs by the Bangkok Metropolitan Administration. For this purpose, the Minister of Interior shall have the power to order inquiry into facts or order the Governor of Bangkok Metropolis to give explanations or opinions as to the carrying out of public affairs by the Bangkok Metropolitan Administration. In the event that the Minister of Interior finds any action of the Governor of Bangkok Metropolis to be contrary to the law or a resolution of the Council of Ministers or to be likely to impair the benefit of Bangkok Metropolis, the Minister of Interior may inhibit it or give the orders he finds appropriate.
Section124.Pending enactment of royal decrees or issuance of ministerial statutes, regulations, rules, bye-laws, announcements, or orders for the execution of this Act, the royal decrees, ministerial statutes, regulations, rules, bye-laws, announcements, or orders operative on the day of publication of this Act in the Royal Gazette shall apply mutatis mutandis.
Section125.Actions shall be taken to bring the law on elections of Bangkok Metropolitan Councillors and Bangkok Metropolis Governor into existence within two years from the day of entry into operation of this Act.
Section126.The Bangkok Metropolitan Administration shall secure the creation of the public entities under section 60 within ninety days from the day of entry into operation of this Act.
Section127.The elections of the Bangkok Metropolitan Councillors, the Bangkok Metropolis Governor, and the canton councillors shall be finished within ninety days from the day of entry into operation of this Act.
Section128.Whilst there still is no law on elections of Bangkok Metropolitan Councillors and Bangkok Metropolis Governor, the provisions of the law on elections of Members of the House of Representatives shall apply mutatis mutandis and the powers and duties of the provincial governors under such law shall become the powers and duties of the Permanent Secretary to the Bangkok Metropolitan Administration.
In the elections held according to paragraph 1, each canton shall be considered to be an electoral constituency and the Minister of Interior shall announce the number of the Bangkok Metropolitan Councillors to be elected in each canton.
The number of the Bangkok Metropolitan Councillors that each canton should have shall be calculated in accordance with the number of the inhabitants in such canton according to the evidential civil register last announced by the Ministry of Interior prior to the day the royal decree requiring the elections of Bangkok Metropolitan Councillors is published in the Royal Gazette, in respect of which the rule of one hundred thousand inhabitants per one Bangkok Metropolitan Councillor shall be observed. If the inhabitants in any canton are less than one hundred thousand, one Bangkok Metropolitan Councillor shall be elected in such canton. If the inhabitants in any canton are more than one hundred thousand, one additional Bangkok Metropolitan Councillor shall be elected per every one hundred thousand inhabitants. The residue of one hundred thousand, if amounting to or over fifty thousand, shall be counted as one hundred thousand.
The announcement under paragraph 2 and the results of the elections of Bangkok Metropolitan Councillors shall be published in the Royal Gazette.
Section129.Pending issuance of the royal decree under section 59, the Schedule on Monthly Salaries of Governor of Bangkok Metropolis, Deputy Governors of Bangkok Metropolis, Secretary to Governor of Bangkok Metropolis, and Assistant Secretaries to Governor of Bangkok Metropolis, attached to the Administrative Organisation of Bangkok Metropolitan Administration Act, 2518 BE, as amended by the Announcement of the Revolutionary Party No 24 dated 8 November 2520 BE, shall apply.
Section130.From the day of entry into operation of this Act to the day of the elections of the Bangkok Metropolitan Councillors under section 127, the Bangkok Metropolitan Councillors incumbent on the day of publication of this Act in the Royal Gazette shall remain in their positions. During the mentioned period, if an appropriate cause arises, the Minister of Interior has the power to order, upon the concurrence of the Council of Ministers, those Bangkok Metropolitan Councillors to vacate their positions collectively or individually and appoint the persons found appropriate as their replacements.
In the event that Bangkok Metropolitan Councillors vacate their positions during the period under paragraph 1, the Minister of Interior may appoint the persons found appropriate as their replacements
Section131.The Governor of Bangkok Metropolis and the Deputy Governors of Bangkok Metropolis incumbent on the day of publication of this Act in the Royal Gazette shall remain in their positions until the Governor of Bangkok Metrropolis elected in accordance with section 127 assumes duties. During the mentioned period, if an appropriate cause arises, the Minister of Interior has the power to order, upon the concurrence of the Council of Ministers, the Governor of Bangkok Metropolis and the Deputy Governors of Bangkok Metropolis to vacate their positions and appoint the persons found appropriate as their replacements.
Section132.In the Bangkok Metropolitan Area, the positions of chief subdistrict officers, village elders, assistant village elders, subdistrict physicians, and subdistrict inspectors existing on the day of entry into operation of this Act shall remain in existence. In any canton or commune, if the mentioned positions are no longer necessary, the Bangkok Metropolitan Administration shall publish their abolition in the Royal Gazette.
Countersignature
General P Tinsulanonda
Prime Minister
Note: The grounds for promulgation of this Act are as follows: The Administrative Organisation of Bangkok Metropolitan Administration Act, 2518 BE, which is in operation at present, still contains outdated provisions, despite having been amended for a total of five times. Therefore, in order for the administration of Bangkok Metropolis to go on in a suitable and flexible manner capable of answering public needs expeditiously and efficiently, and in order to abide by the local govermnent principles designated in the Constitution of the Kingdom of Thailand, it is necessary to enact this Act.
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This work is in the public domain worldwide because it originated in Thailand and is a work under section 7(2) of Thailand's Copyright Act, 2537 BE (1994) (WIPO translation), which provides:
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I, the copyright holder of this work, hereby release it into the public domain. This applies worldwide. In case this is not legally possible: I grant anyone the right to use this work for any purpose, without any conditions, unless such conditions are required by law.
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