Translation:Amendment (No 2) of 2559 Buddhist Era to the Constitution of the Kingdom of Thailand (Interim), 2557 Buddhist Era

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Amendment (No 2) of 2559 Buddhist Era to the Constitution of the Kingdom of Thailand (Interim), 2557 Buddhist Era (2016)
National Legislative Assembly of Thailand (2014), translated from Thai by Wikisource

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National Legislative Assembly of Thailand (2014)2181756Amendment (No 2) of 2559 Buddhist Era to the Constitution of the Kingdom of Thailand (Interim), 2557 Buddhist Era2016Wikisource

Volume 133Issue 25A

Page 1
Royal Gazette

22 March 2559

Amendment (No 2)
of 2559 Buddhist Era
to the Constitution of the Kingdom of
Thailand (Interim), 2557 Buddhist Era

Bhumibol Adulyadej R
Given on the 21st day of March 2559 BE
Being the 71st year of the present reign

His Majesty King Maha Bhumibol Adulyadej is pleased to give a Great Royal Command that it be announces as follows:

Whereas it is appropriate to amend the Constitution of the Kingdom of Thailand (Interim), 2557 Buddhist Era;

Therefore, He is graciously pleased to enact the following Amendment to the Constitution of the Kingdom of Thailand (Interim), 2557 Buddhist Era:

Section1.This Constitution is called the Amendment (No 2) to the Constitution of the Kingdom of Thailand (Interim), 2557 Buddhist Era, 2559 Buddhist Era.

Section2.This Constitution shall enter into operation from the day following the day of its publication in the Royal Gazette onwards.

Section3.The dispositions of section 39/1 of the Constitution of the Kingdom of Thailand (Interim), 2557 Buddhist Era, which have been amended by the Amendment (No 1) of 2558 Buddhist Era to the Constitution of the Kingdom of Thailand (Interim), 2557 Buddhist Era, shall be repealed and replaced by the following dispositions:

“Once the Constitution Drafting Commission has finished preparing the draft constitution, it shall notify the Council of Ministers and the National Legislative Assembly thereof, and the Council of Ministers shall promptly notify the Election Commission thereof so as to organise the referendum according to this section. And the Constitution Drafting Commission shall prepare an explanation of the material points of the draft constitution by summarising them in a manner allowing the people to easily understand the important contents of the draft constitution, and send the explanation to the Election Commission within fifteen days from the day after the day the Council of Ministers is notified.”

Section4.The following dispositions shall be inserted as paragraphs 4, 5, 6, 7, 8, 9, 10, 11, and 12 of section 39/1 in the Constitution of the Kingdom of Thailand (Interim), 2557 Buddhist Era, which has been amended by the Amendment (No 1) of 2558 Buddhist Era to the Constitution of the Kingdom of Thailand (Interim), 2557 Buddhist Era:

“It shall be the duty of the Election Commission to organise the referendum and announce the results of the referendum, and to have the draft constitution and the explanation of the material points of the draft constitution according to paragraph 3 printed for dissemination by whatever means which allows the people to easily and generally be informed thereof.
The criteria, procedure, and time limits for the organisation of the referendum, the qualifications and disqualifications of the persons having the right to vote in the referendum, the dissemination of the draft constitution and the explanation of the material points of the draft constitution, the casting of votes in the referendum, the counting of votes, the invalidity of ballots, and the announcement of the referendum results shall be as provided by the law.
The qualifications and disqualifications of the persons having the right to vote in the referendum must be close to the qualifications and disqualifications of the persons having the right to vote in the last election before the day of entry into operation of this Constitution. However, regarding the age, the persons not younger than eighteen years of age on the day of the referendum shall be the persons having the rights to vote in the referendum.
The referendum shall be organised for voting as to whether approval or disapproval should be given to the draft constitution in its entirety and must be held on the same day throughout the Kingdom. In this respect, the National Legislative Assembly may resolve to introduce not more than one other issue for which the Election Commission should organise on the same occasion an additional referendum for approval or disapproval. However, this must be introduced within fifteen days from the day after the day the Election Commission makes the notification under paragraph 3. For this purpose, the National Legislative Assembly shall also take into consideration the opinions of the National Reform Assembly.
The Election Commission shall, by announcement, designate the day of the referendum, which must not be sooner than ninety days, but not later than one hundred and twenty days, from the day after the day the Constitution Drafting Committee sends the explanation of the material points of the draft constitution to the Election Commission in accordance with paragraph 3.
Subject to paragraph 12, in conducting the referendum according to this section, if the results of the referendum contain more votes of approval of the draft constitution than the votes of disapproval, the Prime Minister shall bring and present the draft constitution to the Monarch within thirty days from the day of announcement of the referendum results, and once the Monarch has signed it, it shall enter into operation upon having been published in the Royal Gazette and countersigned by the Prime Minister.
Before the Prime Minister brings and presents the draft constitution to the Monarch in accordance with paragraph 9, the Constitution Drafting Commission shall improve the preamble of the draft constitution for perfection and compliance with the results of the referendum.
In the event that the Monarch disapproves the draft constitution and gives it back, or when He still has not given it back despite ninety days having passed already, the draft constitution shall lapse.
Section 39 shall also apply mutatis mutandis to the performance of duties by the Constitution Drafting Commission. And section 37/1 shall apply mutatis mutandis in the event that an additional issue is introduced by the National Legislative Assembly, but the majority of the votes of approval or disapproval shall be adhered to, for which no approval of the Council of Ministers shall be required and the powers and duties of the Constitution Drafting Committee shall become the powers and duties of the Constitution Drafting Commission.”

Countersignature
General Prayut Chan-o-cha
Prime Minister

Note: The grounds for promulgation of this Amendment to the Constitution of the Kingdom of Thailand (Interim), 2557 Buddhist Era, are as follows: Whereas it is appropriate to make an amendment regarding the draft constitution referendum to the Constitution of the Kingdom of Thailand (Interim), 2557 Buddhist Era, which has once been amended by the Amendment (No 1) to the Constitution of the Kingdom of Thailand (Interim), 2557 Buddhist Era, 2558 Buddhist Era, so that it be more suitable; it is therefore necessary to enact this Constitution.

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

Original:

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:

7. The following shall not be deemed copyright works under this Act:

news of the day and facts having the character of mere information, not being works in the literary, scientific or artistic fields;

the constitution and legislation;

regulations, bylaws, notifications, orders, explanations and official correspondence of the Ministries, Departments or any other government or local units;

judicial decisions, orders, decisions and official reports;

translations and collections of the materials referred to in items (1) to (4), made by the Ministries, Departments or any other government or local units.

For any other work that was created or commissioned by the Thai Government, it is in the public domain if at least 50 years have elapsed since its first publication or it was not published within 50 years of authorship.

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Translation:

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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