Translation:Thai Bar Association Act, BE 2507 (1964)

by the Government of Thailand

Seal of the Royal Command of Thailand

Thai Bar Association

Act,

BE 2507 (1964)

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Bhumibol Adulyadej, R.

Given under our Hand this 3rd Day of February, BE 2507 (1964);

Being the 19th Year of our Reign.

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

Whereas it is desirable to bring into existence a law on Thai bar association;

Be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Constituent Assembly, in its capacity as the National Assembly, as follows:

§ 1

This Act shall be cited as the "Thai Bar Association Act, BE 2507 (1964)".

§ 2

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

§ 3

The Thai Bar Association established by His Majesty King Vajiravudh and invested with the authority under the law on attorneys shall enjoy legal personality.

§ 4

The Thai Bar Association shall be of the following objectives:

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

(2) to supervise the legal etiquette under the law on attorneys;

(3) to promote the harmony amongst its fellows and to maintain their dignity.

§ 5

Revenues of the Thai Bar Association may include the following:

(1) financial supports paid out of the public account;

(2) registration fees, maintenance allowances and other costs;

(3) interests accruing from investments and other activities;

(4) donations;

(5) incomes pursuant to other laws.

§ 6

The Minister of Justice shall hold the office of Honorary President of the Thai Bar Association and shall have the authority to supervise its business under this Act.

§ 7

There shall be a council, called Thai Bar Association Council, consisting of the President of the Supreme Court of Justice as President, the Chief Judge of the Court of Appeal and the Director General of the Department of Public Prosecution as Vice Presidents, and not more than sixteen other Councillors elected from amongst the ordinary fellows of the Thai Bar Association. The Council shall be given the authority to administer the business of the Thai Bar Association pursuant to the laws and the regulations of the Thai Bar Association.

§ 8

The Thai Bar Association Council shall be empowered to lay down the regulations of the Thai Bar Association governing:

(1) the types of fellowships, the qualifications of the fellowship applicants, the making of applications for fellowship and the termination of fellowships;

(2) the registration fees, maintenance allowances and other costs;

(3) the number of its Concillors, the qualifications and types of the persons to become its Councillors, the electoral procedure and the termination of Councillorships;

(4) the conduct of the meetings of the Council and other meetings;

(5) other matters subject to the objectives of the Thai Bar Association or to its authority under other laws.

Subject to section 11, the regulations of the Thai Bar Association shall take effect upon their publication in the Government Gazette.

§ 9

In the activities involving third persons, the President or Vice Present designated by the President shall represent the Thai Bar Association.

§ 10

The Honorary President may attend the meetings of the Thai Bar Association Council and may express whatever opinions amongst those meetings or may submit his opinions in writing to the Thai Bar Association.

§ 11

The execution of a resolution of the Thai Bar Association Council requires prior approval of the Honorary President, save where the legal provisions otherwise permit.

The President shall refer to the Honorary President without delay a resolution of the Thai Bar Association Council which requires the approval of the latter. The Honorary President may veto such resolution. Failing to so do within fifteen days from his receipt of the resolution, the Honorary President shall be deemed to have approved the resolution.

The Thai Bar Association Council shall reconsider a resolution vetoed by the Honorary President. Should the resolution be reaffirmed by more than three fourth of the total number of the present Councillors, it can then be executed.

§ 12

Pending enactment of the new regulations of the Thai Bar Association pursuant to section 8, the regulations of the Thai Bar Association in force on the day before the date of coming into force of this Act shall remain effective to the extent not contrary to or inconsistent with the provisions of this Act.

The Thai Bar Association Council under the regulations of the Thai Bar Association mentioned in paragraph 1 shall remain in existence, and shall be empowered to enact the new regulations of the Thai Bar Association within ninety days from the coming into force of this Act and to organise an election of the Councillors in accordance with the new regulation concerned within ninety days from its entry into operation.

Upon election of the new Councillors, the Council which remains in existence by operation of paragraph 2 shall come to an end.

§ 13

The Minister of Justice shall be in charge of this Act.

Countersigned by:

Field Marshal Thanom Kittikachorn,

Prime Minister.

Statement of Grounds

The grounds for promulgation of this Act are as follows: Since there is still no any specific law governing the Thai Bar Association, it is therefore necessary to enact this Act.

Footnotes

1. Published in the Government Gazette: volume 81/part 15/special issue/page 3/6 February 1964.

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