Complaints and consideration of complaints under paragraph one
and paragraph two shall be as prescribed by MSPC Regulation.
Section 124. In a complaint consideration, the MSPC has the
power to refuse to hear the complaint, dismiss the complaint, or make a ruling
to amend or repeal an order, and to award remedies for damages to the
complainant, or to require other actions in the interest of justice as prescribed
by MSPC Rule.
The MSPC may carry out a complaint consideration by itself, or
may appoint a MSPC commissioner or appoint a complaints commission to
perform the duties of considering complaints, in accordance with MSPC
Regulation, and in the performance of duties under this Act, members of the
complaints commission shall be competent officials under the Penal Code and
shall have the powers under section 117 mutatis mutandis.
Section 125. In the following cases, a member of the complaints
commission may be objected:
(1) being a supervising official of the who was the cause for
concern, or being a person under the charge and control of such supervising
(2) having an interest in the complaint matter;
(3) having a cause for resentment against the complainant;
(4) being in a relative or marital relationship with a person under
(1), (2) or (3) which may cause unfairness to the complainant;
A member of the complaints commission subject to a case under
paragraph one shall notify the Chairman of the MSPC and withdraw from the
The submission of an objection and consideration of an objection
shall be as prescribed by MSPC Regulation.
Protection of the Merit System
Section 126. In the case where the MSPC finds that a regulation,
rule or order issued under this Act and intended for general application is
inconsistent with the merit system under section 42, the MSPC shall notify the
agency or person issuing such regulation, rule or order for an amendment or a
repeal to be made as appropriate to the case.
ROYAL HOUSEHOLD CIVIL OFFICIALS
Section 127. The appointment and discharge of royal household
civil officials shall be at the King’s pleasure.
In the interest of personnel administration for royal household
civil officials, a Royal Decree prescribing rules and procedures on the position
classification, payment of salaries and position allowances, instatement,
appointment, efficiency enhancement and motivation building in the
performance of official functions, upholding ethics, maintenance of discipline,
retirement from government service, appeals, complaints and other matters
may be enacted as necessary, provided that there shall be no prejudice to the
Royal Prerogative under paragraph one.
The Royal Decree under paragraph two may provide for the
application of all or part of the provisions of this Act, or may contain different
provisions from this Act.
Section 128. The CSC, CSSC and Special CSSC performing
duties on the date prior to the day which this Act comes into force shall
continue to perform duties until the CSC is appointed by the King, or until a
Special CSSC or subcommittee of a CSSC is appointed, as the case may be,
under this Act.
Proceedings for the appointment of the CSC shall be completed
within one hundred and twenty days as from the date which this Act comes into
Section 129. While proceedings have not yet been undertaken to
establish the MSPC, the CSC shall provisionally assume the duties of the
MSPC under this Act until the King appoints the MSPC under this Act.
Proceedings for the appointment of the MSPC shall be completed
within one hundred and eighty days as from the date which this Act comes into
Section 130. A civil servant or royal household civil official
under the Civil Service Act B.E. 2535 (1992) on the date prior to the date
which this Act comes into force shall continue to be a civil servant or royal
household civil official under this Act, as the case may be.
Section 131. While the CSC has not yet laid down class
specifications under section 48, the provisions in TITLE IV CIVIL
SERVANTS and TITLE V ROYAL HOUSEHOLD OFFICIALS shall not yet
apply. The provisions in TITLE III CIVIL SERVANTS and TITLE IV
ROYAL HOUSEHOLD CIVIL OFFICIALS under the Civil Service Act B.E. 2535 (1992), as amended, including the schedule of civil official salary rates
and schedule of civil official position allowance rates annexed to the Salaries
and Position Allowances Act B.E. 2538 (1995), as amended, shall provisionally
apply to civil servants and royal household civil officials until the CSC has
completed laying down class specifications and designated civil servant positions in all government agencies to position categories, class series and
position levels in accordance with the class specifications, and published a
notice thereof, whereby the provisions in TITLE IV CIVIL SERVANTS and
TITLE V ROYAL HOUSEHOLD CIVIL OFFICIALS under this Act shall
apply as from the date of notice by the CSC, and the supervising official shall
appoint officials to the new positions within thirty days as from the date of
In the designation of positions and appointment of civil servants
under paragraph one, if there are reasons and necessities, the CSC may, in
individual cases, approve the appointment of civil servants possessing
qualifications different from the qualification requirements as prescribed by
The CSC shall proceed to issue the notice under paragraph one
within one year from the date which this Act comes into force.
Section 132. While Royal Decrees have not yet been enacted, or
a CSC Regulations or rules have not yet been issued, or directives or
prescriptions have not yet been made, in any case, in order to carry out
performance under this Act, the Royal Decrees, CSC Regulations, rules or
directives, or cases that have been prescribed, that were previously in force,
shall be applied in so far as are not inconsistent or contrary to this Act.
In the case where the Royal Decrees, CSC Regulations, rules or
directives, or cases that have been prescribed, are inapplicable under paragraph
one, proceedings shall be as prescribed by the CSC.
Section 133. A civil official who is subject to a case of
disciplinary breach or a case which calls for a discharge from government
service existing prior to the date which the provisions in TITLE IV CIVIL
SERVANTS and TITLE V ROYAL HOUSEHOLD CIVIL OFFICIALS of this
Act come into force, the supervising official under this Act shall have the
power to order the punishment of such person or order the discharge of such
person from government service pursuant to the law on civil service in force at
such time. Inquiries, considerations and proceedings for imposing punishment
or discharge from government service shall be as provided for in this Act,