Section 22. In the case where there are exceptional reasons for a
ministry, the CSC may approve the establishment of only a Ministry CSSC to
perform the duties of a Department CSSC.
In the case where a government agency having the status of a
department and not being attached to a ministry, but being under the charge of
the Prime Minister or Minister, or a government agency having the status of a
department and the head of the government agency is directly accountable to
the Prime Minister or Minister in the performance of functions, all the powers
and duties of the Ministry CSSC shall also be the powers and duties of the
Department CSSC. However, in the performance of such duties, the Minister
in Charge shall be Chairman and the director-general shall be Vice-Chairman, and a representative of the CSC appointed from civil officials in the OCSC
shall be ex officio sub-commissioner.
In the case of the Office of the Minister, the Department CSSC of
the Office of the Permanent Secretary shall perform the duties of the
Department CSSC of the Office of the Minister.
Section 23. Section 11 shall apply mutatis mutandis to meetings
of the Special CSSC and CSSC.
TITLE II
MERIT SYSTEM PROTECTION COMMISSION
________________
Section 24. There shall be a Merit System Protection
Commission, abbreviated “MSPC”, consisting of seven commissioners
appointed by the King in accordance with section 26.
MSPC commissioners must work full-time.
The Secretary-General of the CSC shall be the secretary of the
MSPC.
Section 25. A person appointed as a MSPC commissioner must
possess the following qualifications:
(1) being of Thai nationality;
(2) having attained not less than forty-five years of age;
(3) having one of the following other qualifications:
(a) being or having been a qualified commissioner of the Civil
Service Commission, Teachers Commission, Teachers and Educational
Personnel Commission, University Officials Commission, Higher Education
Institution Officials Commission or Police Commission;
(b) being or having been a Councilor of State;
(c) being or having been in government service in a position
not lower than a judge of the Court of Appeals or its equivalent, or a chief
judge of the Administrative Court of First Instance;
(d) being or having been in government service in a position
not lower than a special district state attorney or its equivalent;
(e) being or having been in government service in a higherlevel
executive position or its equivalent as determined by the CSC;
(f) being or having been an instructor in the field of law,
political science, public administration, economics, social sciences or a subject
related to national administration in a higher education institution, and holding
a position or having held a position not lower than associate professor,
provided that in the case of holding the position of associate professor, such
person shall hold the position or have held the position for not less than five
years.
Section 26. There shall be a MSPC Selection Committee
comprising the President of the Supreme Administrative Court as chairman, a
Vice-President of the Supreme Court designated by the President of the
Supreme Court, a qualified CSC commissioner elected by the CSC, and the
Secretary-General of the CSC shall be a member and secretary.
The Selection Committee shall have the duty of selecting seven
persons having the qualifications under section 25.
The persons selected under paragraph two shall meet and elect
one amongst themselves to become Chairman of the MSPC and shall be
presented by the Prime Minister to the King for appointment.
The rules and procedures for selection of MSPC commissioners
shall as prescribed by the Selection Committee.
Section 27. A MSPC commissioner shall not be under the
following prohibitions:
(1) be an official;
(2) be an employee or wage-earner of a State agency or any
person;
(3) be a holder of a political position, member or holder of an
executive position in a political party, member of a political party or officer of
a political party;
(4) be a board member of a State enterprise;
(5) be a commissioner in a central agency for personnel
administration of State agencies;
(6) engage in another occupation or profession or hold a position
or undertake any activities or be a committee member in a State or private
agency which conflicts with the performance of duties as prescribed by Royal
Decree.
Section 28. A person selected to become a MSPC commissioner
who is under a prohibition under section 27 shall resign from the state of
having the prohibited qualities or present credible evidence that he/she has
ceased to engage in the such occupation or profession or activity which is
prohibited to the secretary of the MSPC within fifteen days as from the date of
selection.
In the case where a person selected to become a MSPC
commissioner does not resign or cease to engage in such occupation or
profession or activity within the period specified in paragraph one, it shall be
deemed that such person has never been selected to become a MSPC
commissioner and proceedings shall be carried out to select a new MSPC
commissioner.
Section 29. MSPC commissioners hold office for a term of six
years as from the date of appointment by the King and shall hold office for
only one term.
MSPC commissioners who retire from office upon the expiration
of term shall remain in office to perform duties until new MSPC
commissioners have been appointed by the King.
Section 30. Apart from retirement from office upon the
expiration of term, a MSPC commissioner retires from office upon
(1) death;
(2) resignation;
(3) attaining the age of seventy years;
(4) lacking the qualifications or being under a prohibition under
section 25 or section 27;
(5) being subject to a final sentence of imprisonment, regardless
of the sentence having been suspended, except for the suspension of a sentence
for an offence committed negligently, a minor offence or a defamation offence;
(6) not being able to perform duties full-time on a regular basis as
prescribed by MSPC Regulations.
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