Translation:Royal Decree Establishing Mahidol Wittayanusorn School, BE 2543 (2000)

by the Government of Thailand

Seal of the Royal Command of Thailand

Royal Decree

Establishing Mahidol Wittayanusorn School,

BE 2543 (2000)

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Bhumibol Adulyadej, R.

Given under our Hand this 15th Day of August, BE 2543 (2000);

Being the 55th Year of our Reign.

Phra Bat Somdet Phra Paraminthra Maha Bhumibol Adulyadej is graciously pleased to proclaim that:

Whereas it is desirable to establish Mahidol Wittayanusorn School as a public organisation under the law on public organisations;

Be it decreed by the King's most Excellent Majesty, in virtue of section 221 of the Constitution of the Kingdom of Thailand and section 5 of the Public Organisations Act, BE 2542 (1999), as follows:

§ 1

This Royal Decree shall be cited as the "Royal Decree Establishing Mahidol Wittayanusorn School, BE 2543 (2000)".

§ 2

This Royal Decree shall come into force as from the day following the date of its publication in the Government Gazette.^[1]

§ 3

In this Royal Decree:

"School" means Mahidol Wittayanusorn School;

"Board" means the Board of Education of Mahidol Wittayanusorn School;

"Director" means the Director of Mahidol Wittayanusorn School;

"Official" means an official of Mahidol Wittayanusorn School;

"Minister" means the Minister in charge of this Royal Decree.

§ 4

The Minister of Education shall be in charge of this Royal Decree.

Chapter 1

Establishment, Objectives and Authority

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§ 5

There shall be established a public organisation called "Rong Rian Mahidon Witthayanuson" or, in English, "Mahidol Wittayanusorn School".

§ 6

The seat of the School shall be in Nakhon Pathom Province.

§ 7

The School shall have the objectives to manage and provide secondary education intended for the students highly specialised in science and mathematics, in view of their scientific and mathematical excellence.

§ 8

For the purpose of implementing its objectives under section 7, the principal authority of the School shall be the following:

(1) providing to the students highly specialised in science and mathematics the education the intensity of which is focused on science and mathematics;

(2) preparing curricula, teaching procedures and teaching media and instruments for use in the School;

(3) developing educational standards of the School and promoting the participation of the relevant agencies and private sector in such development;

(4) providing special services on scientific and mathematical education.

§ 9

In addition to that mentioned in section 8, the School shall also be given the following authority:

(1) holding ownerships, rights of possessions and real rights;

(2) creating any right or conducting any legal transaction concerning property;

(3) concluding agreements with and cooperating with domestic or foreign organisations or agencies or local administrative organisations in relation to the teaching of science and mathematics in the School;

(4) establishing and providing academic funds in favour of the students and activities of the School;

(5) sharing funds with other legal persons in relation to the activities falling within the objectives of the School;

(6) borrowing money for use in the teaching of science and mathematics in the School;

(7) providing loans as academic funds to impoverished students, upon their provision of personal or real securities;

(8) demanding costs, maintenance allowances, remunerations or service charges in relation to certain activities;

(9) conferring certificates, letters of approval and academic symbols in relation to the activities under the objectives and authority of the School;

(10) undertaking any other action necessary for or in connection with the implementation of the objectives of the School to conduct the teaching of science and mathematics.

The sharing of funds with other legal persons under (5) and the borrowing of money under (6) shall be subject to the criteria laid down by the Council of Ministers.

Chapter 2

Funds, Revenues and Property

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§ 10

Funds and property to be used in the activities of the School shall consist of:

(1) money or property transferred under sections 43 and 46, paragraph 6;

(2) initial funds granted by the Government;

(3) appropriate general financial supports annually granted by the Government;

(4) financial supports given by the private sector, local administrative organisations or other foreign or international organisations, and money or property donated to the School;

(5) costs, maintenance allowances, remunerations, service charges or income derived from certain activities;

(6) fruits arising from money or income derived from property of the School.

§ 11

All revenues of the School need not be delivered to the Ministry of Finance pursuant to the law on treasury reserves and the law on financial procedure.

§ 12

The School shall enjoy ownership over immovable property given to it or bought with its revenues.

The School shall be competent to administer, take care of, maintain, use, dispose of and derive profits from its own property.

§ 13

Money of the School shall specifically be disbursed for the activities of the School.

The safekeeping and disbursement of money of the School shall be subject to the regulations established by the Board.

Chapter 3

Administration and Operation

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§ 14

There shall be a board called "Board of Education of Mahidol Wittayanusorn School", consisting of:

(1) the President appointed by the Council of Ministers from amongst the qualified persons of high knowledge, expertise and experience in the field of science, mathematics or technology;

(2) ex officio Members, that is, the Rector of Mahidol University, the Director of the Bureau of Budget, the Director General of the Basic Education Department, the Director of the National Science and Technology Development Agency, and the Director of the Institute for Promotion of Science and Technology Teaching;

(3) not more than four Expert Members appointed by the Council of Ministers from amongst the persons of recognised knowledge, expertise and skill in the field of science, mathematics or other relevant field beneficial to the activities of the School, prescribed that at least two Members must be experts in the field of science or mathematics and one of these two Members must not be a government officer or state agency functionary;

(3) prescribed also that one of the said Expert Members must be appointed from amongst the persons nominated by the School officials, and another one, from amongst the persons nominated by the student parents, subject to the rules laid down by the Board in accordance with section 19.

The Director shall serve as ex officio Member and Secretary and shall appoint a number of officials as his Assistant Secretaries.

§ 15

The President and Expert Members must be qualified and not be disqualified as follows:

(1) being of Thai nationality;

(2) having attained the age of thirty five but not yet over the age of seventy;

(3) not being a bankrupt, incompetent or quasi-incompetent person;

(4) not having been imprisoned by virtue of a final sentence of imprisonment, save where the sentence is based upon a negligent offence or misdemeanour;

(5) not being a political office holder, local councillor or local administrator, member of or holder of an executive position in a political party, advisor to a political party or official of a political party;

(6) not being an official or employee of the School, or an advisor or expert under a contract of service concluded with the School.

The provision of (1) shall not apply to the foreigners who are required to be appointed by the School according to its obligations or are of prominent qualifications appropriate for the School.

§ 16

None of the President and Members of the Board may conduct an activity which is by nature a competition with the activities of the School or may have interest in an activity carried out with the School, either directly or indirectly. This shall not apply when he is authorised by the School to serve as president or director of a limited company or public limited company in which the School hold shares.

§ 17

The President and Expert Members shall hold their offices for a term of four years.

In the event that the President or Expert Member vacates his office prior to the expiry of his term or a Member is additionally appointed by the Council of Ministers during the tenure of other Members, the person appointed to fill vacancy or appointed as additional Member shall hold the office for the remaining term of the existing Members.

Upon expiry of a term pursuant to paragraph 1, if no new President or Expert Member is yet appointed, the retired President or Member shall remain in his office and continue his functions until the newly appointed President or Member assumes office.

The President or Expert Member having vacated office by reason of the expiry of his term may be reappointed. But he may not be hold office for more than two consecutive terms.

§ 18

In addition to the expiry of term, the President or Expert Member shall vacate his office upon:

(1) death;

(2) resignation;

(3) removal by the Council of Ministers owing to failure of duty, failure of good behaviour or lack of ability;

(4) lacking any qualification or being attacked by any disqualification under section 15, or committing the act forbidden by section 16.

§ 19

The Board shall have the authority to control the activities of the School in compliance with its objectives. Such authority shall include:

(1) determining administrative policies and approving administrative plans of the School;

(2) endorsing investment and financial plans of the School;

(3) monitoring general activities and administration, as well as issuing the rules, regulations, announcements or ordinances governing the School in the following matters:

(3) (a) the administration of general affairs of the School, the organisation of administrative agencies of the School, and the scope of their duties;

(3) (b) the determination of positions, the specific qualifications for each position, the rate of salaries, wages and other money of officials and employees;

(3) (c) the selection, installment, appointment, assessment of performance, removal, disciplines and disciplinary penalties, vacation of office, lodging of complaints and appeals against penalties with respect to the officials and employees, as well as the procedure and conditions concerning the employment of employees;

(3) (d) the administration and management of financial affairs, supplies and property of the School, as well as the accounting affairs and the removal of entries concerning lost property;

(3) (e) the provision of welfare and other benefits to the officials and employees;

(3) (f) the scope of authority of the internal inspectors, as well as the criteria and procedure concerning their performance of duties;

(3) (g) the procedure and criteria concerning the making of the lists of candidates nominated by the School officials and student parents as Expert Members under section 14 (3), prescribed that the Board may also determine the ranks of the officials entitled to make nominations;

(4) undertaking any other action necessary for or in connection with the implementation of the objectives of the School.

The rules for the removal of entries concerning lost property as mentioned in (3) (d) must be subject to the criteria laid down by the Council of Ministers.

§ 20

At a meeting of the Board, a quorum must be established by the presence of not less than one half of the total number of the existing Members.

If the President is absent from or unable to function at any meeting, the present Members shall select one amongst themselves to preside over the meeting.

In discharging his duties, if the President or any Member has direct or indirect interest in the matter being considered by the Board, such President or Member shall inform the meeting and the meeting shall decide whether he be permitted to participate in the consideration of or to vote on the matter in question. This shall be subject to the rules stipulated by the Board.

A decision of a meeting shall be based upon a majority of votes. In voting, one Member shall have one vote. In case of tie, the presiding officer shall issue one additional vote as a casting vote.

§ 21

The Board shall be empowered to appoint experts as its advisors and to set up panels to consider certain matters or carry out certain activities as it may authorise.

Section 20 shall apply mutatis mutandis to the conduct of meetings of the panels.

§ 22

The President, Members of the Board, advisors and members of the panels shall be entitled to meeting allowances or other benefits, according to the criteria established by the Council of Ministers.

§ 23

The School shall be led by one Director.

The Board shall be competent to recruit, appoint and remove the Director.

The criteria and procedure on recruitment of Director shall be set out in a regulation of the Board.

§ 24

The person to become Director must be capable of working for the School full-time. He must also be qualified and not be disqualified as follows:

(1) being a Thai national;

(2) being under the age of sixty five on the date of his appointment;

(3) being a qualified person with knowledge, ability and experience appropriate for the activities of the School as described in its objectives and authority under sections 7, 8 and 9;

(4) not falling within any disqualification mentioned in section 15 (3), (4), (5) or (6);

(5) having no interest in the activities carried out with the School.

§ 25

The Director shall be in office for a term of four years and may be reappointed, but not more than two consecutive terms.

§ 26

In addition to the expiry of term, the Director shall vacate his office upon:

(1) death;

(2) resignation;

(3) fulfillment of any condition under an agreement between the Board and the Director;

(4) removal by the Board on account of failure of duty, failure of good behaviour or lack of ability;

(5) being attacked by any disqualification under section 24.

The resolution of the Board on removal of the Director pursuant to (4) must be passed by not less than two third of the total number of the existing Members of the Board, not including the Director himself.

§ 27

The Director shall bear the duty to administer the affairs of the School in keeping with the laws, the objectives of the School, and the rules, regulations, ordinances, policies, resolutions and announcements of the Board. The Director shall be the chief of all officials and employees, save the internal inspectors under section 35, paragraph 2. The Director shall also be charged with the following duties:

(1) to propose to the Board goals, plans and projects for implementing the objectives of the School;

(2) to present to the Board for consideration the annual report on activities, finances and accounts of the School, as well as the financial plans and budgets for the upcoming year;

(3) to render to the Board advice on improvement of the activities and operation of the School, for the sake of their effectiveness and the implementation of the objectives.

The Director must be accountable to the Board for the administrative activities of the School.

§ 28

The Director shall be empowered:

(1) to install, appoint, promote, demote, reduce salaries or wages of, and inflict disciplinary penalties upon the officials and employees, as well as to remove them from their offices, subject to the regulations of the Board;

(2) to lay down the rules governing the activities of the School, prescribed that the rules may not be contrary to or inconsistent with the rules, regulations, ordinances, policies, resolutions or announcements of the Board.

§ 29

In the activities involving third persons shall the Director represent the School. For such purpose, the Director may authorise any person to carry out any specific activity on his behalf, subject to the regulations of the Board.

§ 30

The Board shall determine the rate of salaries and other benefits of the Director, subject to the criteria given by the Council of Ministers.

Chapter 4

School Staff

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§ 31

The staff of the School are of three types:

(1) officials or employees, that is, the staff members to whom salaries or wages are paid out of the School budgets;

(2) advisors or experts, that is, the staff members who are hired by the School to serve as such and with whom the School concludes contracts of service;

(3) state authorities provisionally serving the School pursuant to section 36 of the Public Organisations Act, BE 2542 (1999).

§ 32

An official must be qualified and not be disqualified as follows:

(1) being a Thai national;

(2) having attained the age of eighteen but not yet over the age of sixty;

(3) being capable of working for the School full-time;

(4) being of competence or experience appropriate for the objectives and authority of the School;

(5) not being a government officer or government, official or employee of a state enterprise or other state agency, or official or employee of a local government agency;

(6) not falling within the disqualifications under section 15 (3), (4) and (5);

(7) having no interest in the activities transacted with the School.

The provision of (1) shall not apply to the foreigners whom the School are required to employ or appoint according to its obligations or the nature of its activities.

§ 33

An official shall vacate his office upon:

(1) death;

(2) resignation;

(3) lacking any qualification or being attacked by any disqualification under section 32;

(4) removal on grounds of failure to pass an assessment, subject to the criteria and procedure stipulated in a regulation of the Board;

(5) removal or dismissal by reason of indiscipline, subject to the criteria and procedure specified in a regulation of the Board;

§ 34

In cases a government officer, official, authority or other functionary of a ministry, bureau, department, provincial government agency, local government agency, state enterprise or other agency is requested by the Minister to serve as an official or employee, upon endorsement of his employer or chief and upon agreement with the official or employee himself, such official or employee shall enjoy the rights set forth in sections 36 and 37 of the Public Organisations Act, BE 2542 (1999)

Chapter 5

Accounting Affairs, Audit and Assessment of School Performance

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§ 35

The School shall transact its accounting affairs in compliance with the universally recognised principles, subject to the forms and criteria determined by the Board. The School shall, at least once a year, hold an internal inspection of its finances, accounts and supplies, and report the audit outcomes to the Board.

For the purpose of the internal inspection, certain members of the School staff shall specifically serve as internal inspectors and shall be accountable to the Board, according to the rules laid down by the Board.

§ 36

The School shall make balance sheets, financial statements and operating statements and submit them to the auditor within ninety days from the final date of each accounting year.

In each year period, the State Audit Office or a third person appointed by the Board, with the approval of the State Audit Office, shall serve as an auditor and assess the use of money and property of the School. The auditor shall express a critical opinion as to whether and how much such money and property have been used in accordance with the objectives, in a cost-effective manner and in pursuance of the expected goals. The auditor shall then draw up an audit report and submit it to the Board.

For this purpose, the auditor shall be competent to examine all accounts and documentary evidence of the School, interrogate the Director, internal inspectors, officials and employees, and direct the School to produce additional accounts and documentary evidence as necessary.

§ 37

The School shall make and submit to the Minister the annual reports describing its activities in the preceding year and containing the operating statements, the audit report, as well as an explanation on the policies of the Board, and the projects and plans to be executed in the future.

§ 38

For the purpose of enhancing the effectiveness and examining the activities of the School in accordance with its objectives and prepared projects and plans, the School shall hold an assessment of its performance every period of time fixed by the Board, but not later than three years.

The assessment under paragraph 1 shall be conducted by an impartial institute or organ which is specialised in assessing school performance and is selected under the procedure established by the Board.

In addition to other details as may be additionally specified by the Board, the assessment must reveal the facts of the following matters: accomplishment, that is, the achievement of students and the qualities of academic curricula and teaching activities; effectiveness, that is, the School's preparedness for performance and the administration of finances, personnel and property; and organisation development, that is, the qualities of plans, the execution of plans and the qualities of services.

In case of transitory necessity, a periodical assessment may be held in the same manner as that under this section.

Chapter 6

Supervision

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§ 39

The Minister shall be invested with the authority to supervise the activities of the School in conformity with the laws and in agreement with the objectives of establishment of the School, the policies of the Government and the resolutions of the Council of Minister regarding the School. For such purpose, the Minister shall be empowered to order the School to provide explanations, opinions or reports, to suspend the activities of the School which are found to be contrary to the objectives of establishment of the School, the policies of the Government and the resolutions of the Council of Minister concerning the School, as well as to inquire into those activities.

Chapter 7

Academic Certificates and Symbols

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§ 40

The School may enact the regulations for the establishment of certificates and letters of approval for the education or education-related activities in the School.

§ 41

The School may establish academic symbols.

The determination of appearances, types, classes and composition of the academic symbols shall be made by the announcements of the School and published in the Government Gazette.

The occasions and conditions for usage of academic symbols shall be specified by the regulations of the School.

§ 42

The School may establish seals, marks or symbols of the School or its agencies. Such establishment shall be effected by an ordinance of the School and published in the Government Gazette.

Transitory Provisions

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§ 43

On the date of coming into force of this Royal Decree, Mahidol Wittayanusorn School in the Basic Education Department, Ministry of Education, shall be dissolved. And the Minister shall advise the Council of Ministers to enforce section 9 of the Public Organisations Act, BE 2542 (1999), so that the property, rights, debts and budgets of Mahidol Wittayanusorn School, Basic Education Department, Ministry of Education, as existing on the date of coming into force of this Royal Decree, but not including the budgets constituting regular salaries and wages which are already in possession of eligible persons, would be transferred to the School under this Royal Decree.

§ 44

At the initial period, there shall be a Board of Regents for Mahidol Wittayanusorn School, consisting of: the Director General of the Basic Education Department, as Chairperson; the representatives of the CSC Office, the representatives of the Bureau of Budget, the Rector of Mahidol University, the Dean of the Faculty of Science, Mahidol University, one of the expert members of the Board the Institute for Promotion of Science and Technology Teaching as authorised by the President of the same, and not more than three other experts appointed by the Minister, as Regents; and the incumbent Director of Mahidol Wittayanusorn School, as Regent and Secretary. The Board of Regents shall be active until the Board under this Royal Decree is formed, but not more than one hundred and eighty days from the coming into force of this Royal Decree.

§ 45

Subject to sections 46 and 47, the government officers and employees of Mahidol Wittayanusorn School, Basic Education Department, Ministry of Education, who are incumbent on the date of coming into force of this Royal Decree, shall retain their status as government officers and employees of the Basic Education Department, Ministry of Education, and shall continue to render their duties in the School under this Royal Decree as employees of the Basic Education Department, Ministry of Education.

§ 46

According to the rules of the Board of Regents for Mahidol Wittayanusorn School, the government officers and employees wishing to become officials or employees of the School shall declare their intention in writing to their chiefs within one hundred and eighty days from the coming into force of this Royal Decree.

Those School officials and employees shall be installed in and appointed to the positions pursuant to the rate of personnel, qualifications and rate of salaries or wages as determined by the Board of Regents. The said officials and employees must be selected and assessed under the criteria and procedure stipulated by the Board of Regents; prescribed that the mentioned criteria and procedure may not be contrary to or inconsistent with the criteria laid down by the Council of Ministers pursuant to section 10 of the Public Organisations Act, BE 2542 (1999).

For the purpose of the selection and assessment under paragraph 2, there shall be a panel consisting of not more than seven ex officio members, that is, the representatives of the CSC Office, the representatives of the Basic Education Department and the representatives of the Institute for Promotion of Science and Technology Teaching, and not more than four expert members appointed by the Board of Regents. The chairperson and the secretary of the panel shall be appointed by the Board of Regents.

The panel under paragraph 3 shall select and assess the government officers and employees who wish to become officials or employees of the School, and propose the outcome to the Board of Regents for consideration and approval.

Having approved the proposal of the panel under paragraph 4, the Board of Regents shall announce the outcome of the complete installment and appointment of School officials and employees within one year from the coming into force of this Royal Decree. However, the Board of Regents shall, at least thirty days before the announcement, communicate the outcome to the officials and employees who are to be installed and appointed. If any relevant official or employee does not wish to be installed or appointed according to the selection and assessment, he may waive his intention by submitting a letter of waiver to his chief within three days before the date on which the announcement is scheduled to be made, subject to the rules of the Board of Regents.

After the Board of Regents announces the outcome of installment and appointment, the Minister shall advise the Council of Ministers to enforce section 9 of the Public Organisations Act, BE 2542 (1999), in order that the budgets constituting the regular salaries and wages of the government officers and employees of Mahidol Wittayanusorn School, Basic Education Department, Ministry of Education, who have been selected according to such announcement, would be transferred to the School under this Royal Decree.

§ 47

The persons installed and appointed as officials and employees under section 46 shall be entitled to salaries, wages or remunerations in line with the positions and rate of salaries and wages as determined by the Board of Regents for Mahidol Wittayanusorn School, in addition to other welfare and benefits; prescribed that the total amount of what they are so entitled to may not be less than the total amount of salaries, wages, remunerations or other welfare and benefits they have received from their former agencies.

A government officer who has become an official shall be deemed to have been discharged from government service on account of the termination or dissolution of his position by the Government, according to the law on government pensions or the law on government pension funds.

A government employee who has become an employee of the School shall be deemed to have been discharged from service for the reason that his position was dissolved or his disemployment was ordered by the Government without his fault. And he shall also be entitled to pensions under the rules of the Ministry of Finance on employment pensions.

§ 48

The administrative agencies of Mahidol Wittayanusorn School which exist on the day before the date of coming into force of this Royal Decree shall become the administrative agencies of the School, until they are replaced by new administrative agencies according to the rules of the School.

§ 49

For the sake of the activities of the School, the Ministry of Education curricula effective on the day prior to the date of coming into force of this Royal Decree shall remain effective in relation to the teaching activities, until the students under those curricula are graduated.

The curricula to be established under this Royal Decree shall take effect as from Academic Year 2001.

Pending enactment of the rules, regulations, announcements or ordinances of Mahidol Wittayanusorn School, those effective on the day prior to the date of coming into force of this Act shall apply mutatis mutandis.

Countersigned by:

Chuan Leekpai,

Prime Minister.

Statement of Grounds

The grounds for promulgation of this Royal Decree are as follows: As Thailand was without researchers and inventors in the field of science and technology, teaching of science and mathematics has been promoted in schools and there have also been established thirteen schools, including Mahidol Wittayanusorn and Chulabhorn Colleges, where only scientific education is provided and no liberal arts or other fields are taught, but the curricula and teaching procedures are still the same as those of general schools. Now, the Government has a policy to allow children and juveniles gifted in science and mathematics to be fully developed, and the execution of such policy requires certain procedures and curricula which are different from those intended for general schools. It is thus expedient to especially establish scientific schools to be charged with the provision of intensive scientific education to students specialised in science and mathematics, so that some highly qualified persons would be prepared for their higher education and could become excellent scholars of the Nation. And in order to furnish the said schools with autonomous, flexible and effective administration and management of teaching, the schools ought to be established as public organisations under the law on public organisations. Finding appropriate to incorporate Mahidol Wittayanusorn School into a scientific school to be a model for the described schools, it is therefore necessary to enact this Royal Decree.

Footnotes

1. Published in the Government Gazette: volume 117/part 79 A/page 1/25 August 2000.

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