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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.





 

Section 87. When the Minister has issued the control order of the Private University, the Rector, the full-time faculties and staff of the Private University shall cease performing their duties in that Private University unless assigned by the Controlling Board of Committee to continue their activities.

In case the Rector, the full-time faculties and staff of the Private University were assigned as stated in Paragraph One, they shall properly undertake to maintain peace and order in the Private University and take care of its property, and deliver its assets and accounts, documents and others concerning the activities and assets of the Private University to the Controlling Board of Committee without delay.

Section 88. The Minister shall have the power to order government officials under the Ministry of Education to work in the Private University during the period under control of the Office of Higher Education Commission when deemed necessary and considered them to be on normal official duty.

Section 89. The Private University may appeal against the control order to the Minister within thirty days from date of notice of the order. The Minister shall have the power to appoint an Appeal Deliberating Committee comprising three representatives from the Private University, three representatives from the office of the Higher Education Commission and three qualified persons involved to consider and present their opinions to the Minister for final decision in accordance with the resolutions of the Appeal Deliberating Committee.

Section 90. When the Controlling Board of Committee of the Private University found that the Private University under control deserves to continue its own activities or when the Licensee made a request to continue operation to the Controlling Board of Committee of the Private University, the Controlling Board of the Private University shall report to the Minister who, if deemed appropriate, shall withdraw the control order and announced the withdrawal of the control order in the Thai daily newspaper for a minimum of three consecutive days and shall ask the Controlling Board of Committee of the Private University to deliver the assets, accounts, documents and others relating to the activities and properties of the Private University to the University Council without delay.

Section 91. When the Controlling Board of Committee of the Private University found that the Private University under control could not continue operation or should not be allowed to continue operation with sufficient reasons to withdraw the License, it shall report to the Minister for deliberation. The Minister through the advice of the Board of Committee shall have the power to withdraw the License.

Section 92. When the Controlling Board of Committee of the Private University made a report on sufficient reasons to the Minister to withdraw the License, the Board of Committee shall order the Private University to deliver all the documents pertaining to the academic performance of all the students of that Private University to the Office of Higher Education Commission within the period specified by the Board of Committee.

The Secretary General of the Higher Education Commission shall issue transcripts of the students of Private University in accordance with the evidences obtained in Paragraph One.

Section 93. When the Minister ordered to withdraw the License, it shall be considered that the Private University ceased the status of being a juristic person in accordance with Section 13. The Controlling Board of Committee of the Private University shall appoint a liquidator of limited company enforced by the Civil and Commercial Code to settle mutatis mutandis the accounts of the Private University.
Any property left after the liquidation shall be returned to the Licensee with the exception of the property obtained through donation by others in accordance with Section 17 to be transferred to charity organizations having the objective in the promotion of education as specified in the Provisions of the Private University and not specified to be the property of the State.

Section 94. The expenses on conducting activities during the control or settlement of the liquidation of the Private University shall be spent from the properties of such Private University.

The Controlling Committee of the Private University may receive compensation in their undertakings as prescribed by the Minister through payment from the properties of that Private University.

Section 95. The members of the Controlling Committee of the Private University shall authorized officers under the Criminal Code.

Section 96. When it appears that the Rector
(1) Lacks the qualifications or having the characteristics prohibited by Section 41.
(2) Violates or fails to comply with Section 43 (6) or (9) Section 51 Section 67 Section 79 or Section 87 or the regulations or provisions of the Private University.
(3) Conducts activities of the Private University in a manner that seriously endanger the security or safety of the country against national culture, peace and order or good moral of the public.
(4) Conducts activities of the Private University or allows others to conduct education in the Private University with poor academic quality or standard against the criteria of the Board of Committee that may damage the image of the Private University.

The Board of Committee shall appoint an Investigation Committee when it is found that the Rector is lacking the qualifications or possessing the prohibiting characteristics in (1) violation or failing to comply with (2) or conducting activities in accordance with (3) or (4). The University Council shall remove the Rector from his position within thirty days from date of knowing the result of investigation. If the University Council fails to do so, the Minister through the advice of the Board of Committee shall take action to remove the Rector from his position.

Section 97. When it appears that any member of faculties in the Private University
(1) Lacks the qualifications or possesses the prohibiting characteristics as stated in Section 46 ort has been appointed not in accordance with the regulations as stated in Section 48.
(2) Violates or fails to comply with Section 52 or Section 87 or regulations or provisions of the Private University.
(3) Conduct activities in a manner that may seriously endanger security or safety of the country or against national culture, peace and order or good morals of the public.

The Rector shall conduct an investigation and if it is found that the faculty member of the Private University under investigation lacks the qualifications or possesses the prohibiting characteristics or is appointed not in accordance with the regulations in (1) violation or failing to comply with (2) or conducting activities in (3). The Rector shall
proceed to remove that faculty member from his position within thirty days from date of knowing the investigation result. However, the faculty member shall have the right to appeal to the Board of Committee within thirty days and the decision of the Board of Committee shall be considered to be final.

If the Rector fails to comply with Paragraph Two, the University Council shall act in his place and continue to proceed against the Rector as deemed appropriate.

After the removal of the faculty member of the Private University or after taking action against the Rector in accordance with Paragraph Two or Paragraph Three, the University Council shall report the matter to the Office of Higher Education Commission.

Section 98. Investigations in accordance with Section 96 and Section 97 shall be in accordance with the criteria and procedures as prescribed in the regulations of the University Council with the approval of the Board of Committee.

Section 99. The removal of the persons in accordance with Section 96 or Section 97 as the case may be, may be re-appointed rector or faculty members of the Private University with the permission of the Minister through the advice of the Board of Committee. However, this can be done only after one year has elapsed from date of removal from their position.

Chapter 8
Dissolution and Transfer of Business

Section 100. The Licensee who wishes to dissolve the business of Private University through the consent of the University Council shall notify the Board of Committee in writing with justifications of the dissolution and educational plan of the remaining students at least three months before the end of the academic year.

In case the Licensee is a juristic person, dissolution of the Private University in accordance with Paragraph One requires the legal consent of that juristic person.

The Minister through the advice of the Board of Committee may issue an order to dissolve the business of the Private University and shall stipulate necessary procedures for the Licensee to comply with Section 92, Section 93, and Section 94 and to enforce mutatis mutandis the dissolution of the Private University.

Section 101. The Licensee who wishes to transfer the License through the consent of the University Council shall notify the Board of Committee in writing with justifications and details of the transfer of the License and particulars of the transferee of the License.

In case the Licensee is a juristic person, the transfer of License in accordance with Paragraph One shall require legal consent from that juristic person.

The Minister through the advice of the Board of Committee may give the order to transfer the License and stipulate both the Licensee and the Transferee of the License to comply with any necessary conditions.

Section 102. In case when a Licensee dies, the heir or his guardian shall petition for the transfer of the License to the Board of Committee and shall notify the University Council for the transfer of the License within sixty days. If petition for the transfer could not be submitted within the time limit, the Rector through the consent of the University Council shall notify the name of the transferee to the Board of Committee with details and necessary justifications.
In case the Licensee ceases its legal statues of a juristic person, the Rector through the consent of the University Council shall notify the name of the transferee to the Board of Committee with details and necessary justifications.
The Minister through the advice of the Board of Committee shall have the power to issue orders as deemed appropriate.

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