(1) in the case where the supervising official has already duly ordered an inquiry under the law in force at such time 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, and the inquiry is still pending, the inquiry under such law shall continue until its completion;
(2) in the case where an inquiry or consideration duly undertaken under the law in force at such time was already completed 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 inquiry or consideration, as the case may be, shall be effective;
(3) in the case where a report or a reference on a matter or presentation or submission of a file to any CSSC for consideration was duly made under the law in force at such time, and the CSSC has not yet completed its consideration of the matter, the CSSC shall continue its consideration under such law until completion.

Section 134. Where a civil official is transferred from a local official or other types of official prior to the date which the provisions in TITLE IV CIVIL SERVANTS and TITLE V ROYAL HOUSEHOLD CIVIL OFFICIALS of this Act comes into force, a person subject to a case of disciplinary breach or case which calls for a discharge from work, or discharge from government service under the law on local personnel administration or law on administration of such official 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 carry out disciplinary proceedings against such person or proceedings to discharge such person from government service. Section 106 shall apply mutatis mutandis to the foregoing.

Section 135. Where a person is punished or discharged from government service under the Civil Service Act B.E. 2535 (1992), if an appeal or complaint has not yet been filed under such Act, and the period of appeal or complaint has not yet expired on the date which the provisions in TITLE IV CIVIL SERVANTS and TITLE V ROYAL HOUSEHOLD CIVIL OFFICIALS of this Act come into force, there shall be a right of appeal or complaint under this Act within thirty days as from the date which the provisions in TITLE IV CIVIL SRVANTS and TITLE V ROYAL HOUSEHOLD CIVIL OFFICIALS of this Act come into force.

Section 136. Appeals and complaints under the Civil Service Act B.E. 2535 (1992) filed prior to the date which the provisions in TITLE IV CIVIL SRVANTS and TITLE V ROYAL HOUSEHOLD OFFICIALS of this Act come into force, and falling within the scope of authority of the CSSC or CSC, shall continue to be considered by the CSSC or CSC, as the case may be, until completion.

Appeals and complaints under the Civil Service Act B.E. 2535 (1992) filed with the CSSC or CSC on or subsequent to the date which the provisions in TITLE IV CIVIL SERVANTS and TITLE V ROYAL HOUSEHOLD CIVIL OFFICIALS of this Act come into force, and which are cases where a punishment has been imposed or ordered 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, shall be considered by the MSPC.

Section 137. For any matter pending proceedings or previously actionable under the Civil Service Act B.E. 2535 (1992), and not provided for in this Act, or there is a case which is not actionable under this Act, appropriate further proceedings on such matter shall be as prescribed by CSC.

Section 138. Adjustments of salaries and position allowances of civil servants pursuant to the schedule annexed to this Act shall be in accordance with the rules and procedures prescribed by the Council of Ministers.

In the interest of proceedings under paragraph one, a civil servant who receives a salary lower than the salary rate for the level pursuant to the schedule of salary scale annexed to this Act shall receive a salary not less than the provisional salary rate pursuant to the schedule of salary scale annexed to this Act, and shall receive a salary adjustment up to the salary rate for the level pursuant to the schedule of salary scale annexed to this Act, in accordance with the rules and procedures prescribed by the Council of Ministers.

Section 139. In the case where the law on administration of various types of officials provides for the application or mutatis mutandis application of the law on civil service in the parts relating to civil servants, the Civil Service Act B.E. 2535 (1992), as amended, shall continue to apply or mutatis mutandis apply. The whole or partial application of this Act to such type of official may be effected by a resolution of the central personnel administration agency, or agency which performs the duties of a central personnel administration agency, for such official type, with the approval of the
Council of Ministers.

Countersigned by:
General Surayud Chulanont
Prime Minister

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Note:- The reasons for the promulgation of this Act are as follows. The National Administration Act (No. 5) B.E. 2545 (2002) has provided for the revision of the law on civil service in order to assign appropriate tasks to the Civil Service Commission and the Office of the Civil Service Commission. Also, the Civil Service Act B.E. 2535 (1992) has already been in force for a long time resulting in certain provisions which are inconsistent with development changes in the administration of government service. Therefore, in order to assign the appropriate tasks to the Civil Service Commission and the Office of the Civil Service Commission, and in order to align public human resource management with government service trends, it is expedient to revise such law by adjusting the roles of the Civil Service Commission, from being the executive’s personnel management agency, the protector of merit system and organizer of government agency structure, to being merely the executive’s personnel management agency. Overlap is avoided with the roles of the Public Sector Development Commission. The roles of merit protection system has been assigned to the Merit System Protection Commission. The roles of the Office of the Civil Service Commission has been adjusted from being officials involved in the operations of the Civil Service Commission, to being officials involved in the operations of the Civil Service Commission and the Merit System Protection Commission, without overlap with the roles of the Office of the Public Sector Development Commission. Positions of civil servants are categorized into groups based on nature of work, and there is a greater decentralization of public human resource management to the responsible government agency. It is therefore necessary to enact this Act.