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Feature Articles :

History of Cannabis
  and Anti-Marijuana
  Laws in Thailand

Thailand’s Notable
  Criminal Extradition

Guide for Tourists
  to Laws in Thailand

Neither Free nor Fair:
  Burma’s Sham Elections

Sex Laws in Thailand:
  Part 1

Renewable Energy
  in Thailand

Transsexuals and
  Thai Law

Foreign Mafia in

Thailand Lawyer Blog:
 Thai Government to
  Review Post-2006
 Courts Order Thai
  Military to Cease
  Labeling Transsexuals
  as Mentally Ill
 Work Permit Law
  Changes in Thailand
 Bahamian Supreme Court
  Ruling Backs
  Prenuptial Agreement
  “The Neutron Bomb
  the Global Financial
 The Effects of the US
  Government’s Policies
  on Americans Living
 Chinese Assimilation
  in Thailand vs. Malaysia
 Illegal Wildlife
  Trafficking in Asia:
  Thailand as a Hub?
 Rabbi Enforcing
  Jewish Divorce Order
  Arrested by FBI
 U.S. Prenuptial
  Agreements in Thailand:
  Why Thai Law is
 US Immigration in
 Abortion and Family
  Planning Law in
  the Philippines
 U.S. Courts and the
  Application of Foreign
  Law to International
  Prenuptial Agreements
 Thailand Blasted by 2011
  Human Trafficking Report
 US Expats on Alert:
  New US Tax Law
  Extends IRS’s Reach
 Hangover 2 and
  the Thai Censors
 Thailand’s Film
  Industry Steps Up

Acknowledgments :

This translation has been prepared by Chaninat & Leeds, a law firm managed by an American lawyer.  They specialize in defense litigation and have experienced Thai criminal defense attorneys


Section 8. The CSC shall have the following powers and duties:

(1) to make proposals and advise the Council of Ministers on public human resource management policies and strategies with respect to standard for remuneration, management and development of human resource, as well as the manpower planning and other matters, which are to be adopted as operational guidelines for government agencies;
(2) to report to the Council of Ministers with respect to considerations for the appropriate revision of salaries, positional allowances, subsistence supplements, welfare or other fringe benefits for government officials;
(3) to prescribe rules, procedures and standards for the management and development of human resources of civil officials to be adopted as operational guidelines for government agencies;
(4) to approve the manpower framework of government agencies;
(5) to issue CSC Regulations and rules governing human resource management in pursuance of this Act, including to give advice or guidelines for the performance of functions under this Act; a CSC Regulation shall come into force upon approval by the Council of Ministers and publication in the Government Gazette;
(6) to give interpretations and rulings on problems arising from the application of this Act, including to lay down practice guidelines for problem cases; a resolution of the CSC under this subsection shall be enforceable under the law upon approval by the Council of Ministers;
(7) to supervise, oversee, monitor, inspect and evaluate the human resource management of civil officials in ministries and departments in order to maintain fairness and human resource management standards, including to inspect and monitor the performance of functions under this Act; in this regard, the CSC shall have the power to summon documents and evidence from government agencies, or to summon representatives of government agencies, officials or other persons to give statements of facts, and the power to issue rules requiring ministries and departments to file reports on human resource management of civil officials within their scope of authority with the CSC;
(8) to formulate policies and issue rules concerning King’s scholarships and government scholarships so as to correspond with human resource management policies with respect to government officials, as well as to assign scholarship recipients to government services in ministries and departments or State agencies upon completion of studies;
(9) to issue directives or rules pertaining to the provision of education, supervision and assistance to public personnel, King’s scholars, government scholars and private students under care of the CSC, including to collect service fees for the supervision and administration of education; in this regard, services fees for the supervision and administration of education shall be deemed as revenues of a government agency providing publicly beneficial services under the law on budgetary procedures;
(10) to prescribe rules and procedures for accrediting the credentials of holders of degrees, vocational certificates or other credentials for the purpose of instatement and appointment as civil officials, and to determine the salary rates or remuneration as well as the position levels and categories for such credentials;
(11) to determine rates of fees for the performance of functions pertaining to human resource management under this Act;
(12) to consider the installment of a personnel record system and the alteration of personnel records with respect to the date of birth, and the control of retirement by age of civil officials;
(13) to carry out other duties as provided in this Act and other laws.

In issuing a CSC Regulation under (5), in the case where it is deemed appropriate, the Office of the Civil Service Commission shall also consult the relevant ministries in conjunction with the considerations of the CSC.

Section 9. In the case where the CSC passes a resolution that a ministry, department or person performing a function under this Act has not acted in accordance with this Act, or acted inconsistently or contrary to the guidelines laid down by this Act, the CSC shall notify such ministry, department or person to carry out remedies, rescind or terminate such acts within the prescribed period. In the case where such ministry, department or person fails to comply with the CSC resolution within the prescribed period without reasonable grounds, such Permanent Secretary, Director-General or person, as the case may be, shall be deemed to be in breach of discipline.

Disciplinary procedures under paragraph one and punishment orders shall be the powers and duties of the CSC pursuant to the rules, procedures and conditions prescribed by CSC Regulation.

In the case where the person in breach of CSC resolution under paragraph one is the Minister in Charge, the CSC shall report to the Prime Minister to consider to proceed further appropriate orders.

Section 10. In the case where the CSC is of the opinion that human resource management with respect to a matter which all or certain types of government officials should be subject to central standards or rules, the CSC shall hold a meeting for joint consultation among a representative of the CSC, representative of the Public Sector Development Commission and representatives of the relevant central personnel administration body for various types of government officials in order to prescribe central standards or rules for human resource management on such matters and make a proposal to the Council of Ministers. Upon approval of the Council of Ministers, such central standard or rules shall apply to all or such types of government officials, as the case may be.

The provisions of paragraph one shall also apply mutatis mutandis to problems relating to public human resource management procedures on any particular matter.

Section 11. The provisions on committees authorized to carry out administrative proceedings under the law on administrative procedures shall apply mutatis mutandis to the meetings of the CSC, except for the case of section 36 paragraph two.
Section 12. The CSC is empowered to appoint a special subcommission, abbreviated “Special CSSC”, to act on its behalf. The numbers, qualifications, rules and procedures for the appointment of the Special CSSC, including recruitment procedures, terms of office and retirement from office shall be as prescribed by CSC Regulation.

Section 13. There shall be an Office of the Civil Service Commission, abbreviated “OCSC” with the Secretary-General of the CSC as the superior official in charge of the officials and administration of the OCSC, directly accountable to the Prime Minister.

The OCSC shall have the following powers and duties:

(1) to act for the CSC and MSPC in the performance of their official functions and to perform other duties as assigned by the CSC or MSPC;
(2) to make proposals and give advice to ministries and departments in relation to the rules, procedures and guidelines for public human resource management;
(3) to develop, promote, analyze and conduct researches in relation to policies, strategies, systems, rules, procedures and standards on the human resource management of civil officials;
(4) to monitor and evaluate the human resource management of civil officials;
(5) to carry out acts in relation to manpower planning of civil officials;
(6) to be the center of database on public human resources;
(7) to prepare strategies, to coordinate and to carry out acts in relation to the human resources development of government officials;
(8) to promote, coordinate, disseminate, provide consultation and advice and carry out acts in relation to the provision of welfare and the enhancement of quality of life for public human resources;

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