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Contribution:

This translation has been provided with the kind assistance of Chaninat & Leeds. Chaninat & Leeds practices both family and business law, including K1 visa Thailand.





 

Chapter 6
Subsidies and Supports

Section 70. The Government shall subsidize and support the Private University as follows:
(1) To allow government officials and employees to work in the Private University with salary and compensation in accordance with the regulations and procedures as prescribed by the Cabinet.
(2) To establish Development Funds for the Private University in various aspects.
(3) To exempt import tax for durable goods and equipment used in education and research through the certification of the Board of Committee as stated in the Revenue Code.
(4) To promote and support the common use of resources among state universities and private universities.

Chapter 7
Supervision and Control

Section 71. The authorized officers shall have the power to enter the Private University or places showing evidence in providing education at degree level without permission for inspection during office hours in accordance with this Act.

In undertaking their duty under Paragraph One, those involved shall facilitate and give explanations to the authorized officers as deemed appropriate.

Section 72. In carrying out their duties in accordance with this Act, the employees involved are the authorized officers in accordance with the Criminal Code.

Section 73. In carrying out their duties in accordance with this Act, the authorized officers shall show their Identity Card to the persons concerned.

The Identity Card shall be in accordance with the form as prescribed and announced by the Minister.

Section 74. The Private University shall obtain approval from the Board of Committee for the following matters:
(1) To receive financial aids, educational equipment or other benefits from any person in the amount or value exceeding the amount specified by the Board of Committee.
(2) To borrow money once or several times accumulatively exceeding twenty five percent of the present value of the assets of the Private University. However, the accumulated debts shall not exceed the values of the assets.
(3) To lease assets having the lease fees exceeding the amount specified by the Board of Committee.
(4) To purchase, hire purchase or dispose of the assets having the value exceeding the amount specified by the Board of Committee.
(5) To create binding obligations on land and buildings as prescribed by the Board of Committee.

Section 75. The Private University shall not receive any money, assets or other benefits from any person if such receipt shall endanger the security or safety of the country or being contrary to national cultures or good morals.

Section 76. In case when the Private University shall stop teaching for more than three consecutive days with the exception of normal holidays, the Rector shall notify in writing to the office of Higher Education Commission within three days from date cessation.

Section 77. In case when a full-time faculty member of the Private University retires, the Rector shall notify the office of Higher Education Commission within thirty days from date of retirement.

Section 78. In case when the Building and the Campus of the Private University do not conform to health and sanitation, or unsecured or having any other reasons which may cause danger to students, the Minister shall have the power to make a written notice to the Rector for rectifying and improving such conditions within a reasonable time or he may, if necessary, order the Private University to stop teaching during the period of corrections and improvements or until the three is no more reason for cessation.

Section 79. The Licensee, the University Council Members, the Rector, faculties or staff of the Private University shall not use or allow other persons to use:
(1) The name, seal, symbol or insignia of the Private University except what is specified in the regulations of the Private University
(2) The place for conducting illegal activities or against public peace, orders or good morals or any other activities not proper to be conducted by the Private University.

Section 80. When it appears that the Private University fails to do what is necessary for educational administration in accordance with the project under License within one year from date of License or fails to seek approval from the Board of Committee to open any field of study in accordance with the project under License within three years from date of License, the Minister with the advice of the Board of Committee shall withdraw that License.

Section 81. When it appears that the Private University that has obtained approval to open any field of study in accordance with Section 18, fails to do so within one year from date of approval, that approval shall be considered to be expired.

Section 82. Statements in the advertisement made by the Private University shall not be false or contrary to facts as prescribed in the License or having statements detrimental to the society as a whole.

Statements as stated in Paragraph One shall include any action that causes that appearance of letter, pictures, movies, lights, sound or other symbols or activities that make the general public understand their meaning.

Section 83. In case the Board of Committee discovered any violation against the advertisement under Section 82, the Board of Committee shall have the power to give an order or several orders as follows:
(1) To rectify the statements or methods of advertisement.
(2) To forbid the use of some statements that appear in the advertisement.
(3) To forbid the advertisement or that method of advertisement.
(4) To advertise to rectify public misunderstanding that may occur in accordance with the criteria, and methods prescribed by the Board of Committee.

In case the Private University fails to comply with the orders of the Board of Committee or violates the regulations and methods prescribed by the Board of Committee in Paragraph One, the Minister through the advice of the Board of Committee after considering the seriousness of the offense, shall have the power to withdraw that License.

Section 84. When it appears that the Private University that obtained approval to open functioning in any field of study and fails to comply with the regulations, procedures and conditions as prescribed by the Board of Committee, or fails to use the word University, Institute or College in Thai letters before the Private University or uses the name of the Private University in foreign letters without permission from the Minister or provide educational administration of the Private University below the accredited standard, the Board of Committee shall give a warning in writing to improve what have been notified within the specified period.

If the Private University fails to comply with the notice in Paragraph One, the Minister through the advice of the Board of Committee shall have the power to take one of the following actions as deemed appropriate:
(1) To order to cease enrollment of students in one field or all fields of study.
(2) To revoke accreditation of educational standard.
(3) To withdraw approval for functioning in one field or all fields of study.
(4) To withdraw their accreditation.
(5) To withdraw their License.

The action taken under Paragraph One and Paragraph Two shall not affect legal proceedings against the offender of the law with its provisions and penalty.

Section 85. Any Private University that fails to comply with the provisions and amendments of the Private University Act in accordance with Section 11(1), (2), (3), (4), (5), (6), and (7) without the approval of the Board of Committee or open instruction in any other field of study without complying to the criteria, procedures and conditions as prescribed by the Board of Committee, the Minister through the advice of the Board of Committee shall have the power to take the following actions as deemed appropriate in accordance with Section 84 Paragraph Two.
The action taken in accordance with Paragraph One shall not affect legal proceedings against the offender of the law with its provision and penalty.

Section 86. When the Private University shall have one of the following reasons:
(1) Do not have sufficient capital to continue its activities or having a debt that exceeds its assets or having unstable finance that may cause damage to the Private University.
(2) Violates the provisions of this Act, the ministerial regulations, conditions prescribed by the Minister or announced or issued under this Act or fails to comply with the provisions of the Private University or orders of the authorized officials in enforcing this act that may cause damage to the Private University or fails to comply with the orders of the Minister as stated in Section 100 Paragraph Three.
(3) Ceases instruction for more than two consecutive months except cessation of instruction under the Provisions of the Private University.
(4) The University Council, the Members of the University Council, the Rector, the faculties or students of the Private University shall conduct activities that seriously endanger security and safety of the Country, national cultures, peace, order or good morals of its people.

The Minister through the advice of the Board of Committee shall have the power to order the Private University to be under the control of the Office of Higher Education Commission and the Minister shall appoint a Controlling Board of Committee to monitor the Private University comprising at least five members but not exceeding fifteen members to act as representatives of the University Council and to announce the contrive order of the Private University in the Thai daily newspaper for the minimum of these consecutive days.

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