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 official;
(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 complaint consideration.

The submission of an objection and consideration of an objection shall be as prescribed by MSPC Regulation.

Chapter 11
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.

TITLE V
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.

Transitory Provisions

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 force.

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 force.

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 CSC notice.

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 law.

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, except:

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