Translation:Thai Bar Association Act, 2507 BE

by Constitution Drafting Assembly of Thailand

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Seal of the Royal Command

Thai Bar Association
Act,
2507 BE

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Bhumibol Adulyadej R
Given on the 3rd day of February 2507 BE
Being the 19th 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 have a law on the Thai Bar Association;

Therefore, by and with the advice and consent of the Constitution Drafting Assembly in its capacity as the National Assembly, He is graciously pleased to enact the following Act:

Section1.This Act is called the Thai Bar Association Act, 2507 BE.

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

Section3.The Thai Bar Association, which was founded by the grace of Phra Bat Somdet Phra Paremen Maha Vajiravudh Phra Mongkut Klao Chaoyuhua and also has the powers and duties under the law on attorneys at law, shall be a juristic person.

Section4.The Thai Bar Association has the following objectives:

(1)to promote legal education and legal professions and provide funds therefor;

(2)to oversee legal etiquette according to the law on attorneys at law;

(3)to promote harmony and uphold dignity amongst the fellows.

Section5.Income of the Thai Bar Association may include the following:

(1)subsidies from state budgets;

(2)registration fees, maintenance fees, and charges;

(3)benefits arising from investment and other activities;

(4)property donated;

(5)income under other laws.

Section6.The Minister of Justice shall hold the post of Special Chairperson of the Thai Bar Association, having the powers and duties to supervise the activities of the Thai Bar Association as herein provided.

Section7.There shall be a committed called Thai Bar Association Committee, composed of the President of the Supreme Court of Justice as Chairperson, the Chief Judge of the Court of Appeal and the Director General of the Public Prosecution Department as Vice Chairpersons, and other Members numbering not less than sixteen, who are to be elected from amongst the ordinary fellows of the Thai Bar Association. It has the powers and duties to manage the activities of the Thai Bar Association in accordance with the laws and the rules of the Thai Bar Association.

Section8.The Thai Bar Association Committee shall have the power to enact rules of the Thai Bar Association related to―

(1)types of fellowships, qualifications of fellowship applicants, admission, and deprivation of fellowships;

(2)registration fees, maintenance fees, and charges;

(3)the number of its Members, qualifications and types of the persons to be appointed as its Members, election procedure, and retirement from memberships;

(4)meetings of the Committee and other meetings;

(5)other matters which come under the objectives of the Thai Bar Association or are subject to the powers and duties of the Thai Bar Association according to other laws.

Subject to section 11, the rules of the Thai Bar Association shall enter into operation upon publication in the Royal Gazette.

Section9.In the activities involving third persons, the Chairperson or Vice Chairperson authorised by the Chairperson shall represent the Thai Bar Association.

Section10.The Special Chairperson may attend meetings of the Thai Bar Association Committee and give explanations or express opinions thereat, or may send written opinions on any matters to the Thai Bar Association.

Section11.Resolutions of the Thai Bar Association Committee require prior approval of the Special Chairperson before enforcement, save where they are authorised by the provisions of other law.

As regards a resolution of the Thai Bar Association Committee which requires the approval of the Special Chairperson, the Chairperson shall refer it to the Special Chairperson without delay. The Special Chairperson may veto such resolution. In the event that the veto is not exercised within fifteen days from the day of receipt of the referral from the Chairperson, the Special Chairperson shall be deemed to have approved that resolution.

If the Special Chairperson vetoes any resolution, the Thai Bar Association Committee shall meet to reconsider it. At such meeting, if the resolution is reaffirmed by up to three fourths of the total number of the Members, the resolution can then be enforced.

Section12.Whilst no new rule of the Thai Bar Association is yet enacted in accordance with section 8, the rules of the Thai Bar Association in operation since before the day of entry into operation of this Act shall continue to apply to the extent not contrary or repugnant to the provisions of this Act.

The Thai Bar Association Committee under the rules of the Thai Bar Association mentioned in paragraph 1 shall continue to be in office and have the duty to enact new rules of the Thai Bar Association within ninety days from the day of entry into operation of this Act. In addition, it shall organise an election of Members of the Thai Bar Association Committees pursuant to the new rules within nine days from the day of entry into operation of those rules.

Upon completion of the election of new Members of the Committee, the Committee remaining in office by virtue of paragraph 2 shall retire therefrom.

Section13.The Minister of Justice shall be in charge of the implementation of this Act.

Countersignature
Field Marshal T Kittikachorn
Prime Minister

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Note: The grounds for promulgation of this Act are as follows: Because there is no law specifically governing the Thai Bar Association yet, it is appropriate to enact a law for this purpose.