Upon the vacancy of office of the Secretary-General, and pending the appointment of a new Secretary-General, the Board shall appoint a Board member to be Acting Secretary-General for the time being.

In the case where the Secretary-General is unable to perform the duties, the Deputy Secretary-General designated by the Board shall be Acting Secretary-General. However, if there is no Deputy Secretary-General or the Deputy Secretary-General is unable to perform the duties, the Board shall appoint an official of the Office to be Acting Secretary-General.

Section 33. In addition to vacation of office upon expiration of the term, the Secretary–General vacates office upon:
(1) death;
(2) resignation;
(3) being imprisoned;
(4) being incapable of efficiently performing the duties, or fails the evaluation criteria, in accordance with the rule prescribed by the Board with the approval of NHC.

Section 34. The Secretary-General shall have powers and duties as follows:
(1) to carry out the administrative affairs of the Office so as to comply with the law, policy, resolution, regulation, rule, or notification of NHC and the Board;
(2) to prepare a principal work plan, performance plan, financial plan, and annual budget estimate of the Office to be submitted for approval of the Board;
(3) to carry out the personnel administration, financial, budgetary and other administrative affairs of the Office in accordance with the rule prescribed by the Board;
(4) to lay down the rule relating to the performance of activities of the Office in so far as it is not contrary to or inconsistent with the law, policy, resolution, regulation, rule, or notification of NHC and the Board;
(5) to perform other duties entrusted by the Council of Ministers, NHC and the Board.

Section 35. The salary and other remunerations of the Secretary– General shall be determined by the Board under the rule prescribed by the Council of Ministers.

Section 36. The Secretary-General shall represent the Office in respect of its external affairs; however, the Secretary-General may entrust any person to act on his or her behalf in accordance with the rule prescribed by the Board.

Section 37. NHC shall appoint the Board consisting of the followings:
(1) the President of the Board appointed from members;
(2) a Board member appointed from a representative of the Ministry of Public Health;
(3)not more than five Board members appointed from qualified persons;
(4) the Secretary-General shall be Board member and secretary.

The qualifications, rules and procedure for selecting the qualified persons under (3) shall be in accordance with the rule prescribed by NHC.

Section 38. The assumption of and removal from office, the meeting and the performance of activities of the Board shall be in accordance with the rule prescribed by NHC.

Section 39. The Board shall have powers and duties as follows:
(1) to make policy and supervise the performance of activities of the Office for the sound and effective management and attaining the objectives within the powers and duties;
(2) to determine the qualifications of the Secretary-General and Deputy Secretary-General and to proceed with the selection for the Secretary- General in accordance with the rule prescribed by NHC;
(3) to approve the principal work plan, performance plan, financial plan, and annual budget estimate of the Office;
(4) to issue a regulation, rule, or notification under this Act;
(5) to provide an evaluation of the performance of duties of the Office and report to NHC at least once a year;
(6) to provide an evaluation of the performance of duties of the Secretary-General;
(7) to appoint a sub-committee for the performance of duties entrusted by the Board;
(8) to perform other duties prescribed under this Act or as entrusted by NHC.

CHAPTER IV
Health Assembly

Section 40. The organisation of a health assembly in a specific locality or on a specific issue or the support of public participation for
organising a health assembly in a specific locality or on a specific issue shall be in accordance with the rules and procedure prescribed by NHC.

In the case where the health assembly under paragraph one proposes a suggestion for a State agency to implement or to supplement the consideration in making public policy on health, such proposal shall be submitted to NHC for consideration of accomplishment in case it deems appropriate.

Section 41. NHC shall organise a national health assembly at least once a year.

Section 42. In organising a national health assembly, NHC shall appoint a Committee for Organising National Health Assembly consisting of members in the number as determined by NHC.

The members under paragraph one shall be appointed from representatives of State agencies and those other than representatives of State agencies in the proportion determined by NHC; provided that the latter shall not be less than sixty per cent of the number of members under paragraph one.

The Committee for Organising National Health Assembly shall have the power to prescribe rules and procedure in organising the forum and other rules relating to the performance of duties.
Section 43. The Committee for Organising National Health
Assembly shall have the duty to organise a forum of national health assembly,and to fix the date, time and venue of the forum which must be publicized at least thirty days in advance of the date of forum.

Section 44. Any person desiring to participate in a forum of the national health assembly shall apply for registration for participating the forum to the official assigned by the Committee for Organising National Health Assembly in accordance with the form and rules prescribed by the Committee.

Besides the persons registered under paragraph one, the Committee for Organising National Health Assembly may consider inviting any person, representatives of State agencies or private organisations to participate in the forum as it deems appropriate.

Section 45. In the case where the national health assembly proposes a suggestion for a State agency to implement or to supplement the consideration in making public policy on health, such proposal shall be submitted to NHC for consideration of accomplishment in case it deems appropriate.

CHAPTER V
Statute on National Health System

Section 46. NHC shall prepare a statute on national health system to be referred to as a framework and guideline in making policy, strategy and the performance of activities in respect of national health to be submitted for approval of the Council of Ministers.
In preparing the statute on national health system, NHC shall take into consideration the opinions and suggestions of the health assemblies.

Upon the approval of the statute on national health system by the Council of Ministers, it shall be reported to the National Assembly for information and shall be published in the Government Gazette.

NHC shall review the statute on national health system at least once every five years.

Section 47. The statute on national health system shall conform to the Constitution of the Kingdom of Thailand, and shall at least contain the essential matters as follows:

(1) philosophy and principal concept of health system;
(2) desirable characteristics and goal of health system;
(3) provision of health security and protection;
(4) health promotion;
(5) prevention and control of diseases and health hazards;
(6) public health service and its quality control;
(7) promotion, support, use and development of local wisdom in respect of health, Thai traditional medicine, indigenous medicine, and other alternative medicines;
(8) consumer protection;
(9) creation and dissemination of knowledge in respect of health;
(10) dissemination of health information;
(11) production and development of public health personnel;
(12) health financing.

Section 48. The statute on national health system and the policies and strategies on health under section 25 (2) approved by the Council of Ministers shall be binding upon relevant State agencies in the performance of activities under their powers and duties.

CHAPTER VI
Penalties

Section 49. Any person violates section 7 or section 9 shall be liable to an imprisonment for a term not exceeding six months, or to a fine not exceeding ten thousand Baht, or to both. An offence under this section is a compoundable offence.

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