Upon the occurrence of an event under paragraph one, the remaining MSPC commissioners shall continue to perform duties and the MSPC shall be deemed as comprising the remaining MSPC commissioners, except where there are less than five MSPC commissioners remaining.

Upon the occurrence of an event under paragraph one or in the case of MSPC commissioners retiring at the expiration of term, the MSPC Selection Committee shall carry out the selection of MSPC commissioners to replace the retiring MSPC commissioners expeditiously.

Section 31. The MSPC shall have the following powers and duties:
(1) to submit proposals to the CSC or other central personnel administration agencies in order for the CSC or other central personnel administration agency to undertake the provision of or to revise human resource management policies pertaining to the preservation of merit system;
(2) to consider appeals under section 114;
(3) to consider complaints under section 123;
(4) to consider matters on the preservation of merit system under section 126;
(5) to issue MSPC Regulations, rules, regulations and procedures for the performance of functions under this Act; a MSPC Regulation shall come into force upon its publication in the Government Gazette;
(6) to appoint persons having the qualifications and not being under a prohibition prescribed by the MSPC to become members of an appeals commission or members of a complaints commission.

Section 32. MSPC commissioners, appeals commissioners and complaints commissioners shall receive position allowances and other benefits as prescribed by Royal Decree and shall have the right to receive the same travel allowances under the Royal Decree on allowances for official travel as higher-level executive position holders.

Section 33. Meetings of the MSPC commission, appeals commission and complaints commission shall be as prescribed by MSPC Regulation.

TITLE III
GENERAL PROVISIONS

Section 34. The organization of civil officials shall be undertaken with a view to the result-based outcome, efficiency and good value in the discharge of State functions, and to make officials perform their duties with quality and virtuously and have a good quality of life.

Section 35. There shall be 2 categories of civil officials, being:
(1) civil servants, namely civil officials who are in the government service by instatement and appointment under the provisions in TITLE IV CIVIL SERVANTS;
(2) royal household civil officials, namely civil officials who are in the government service by instatement and appointment to royal household posts as prescribed by Royal Decree.

Section 36. A person entering the civil service must have general qualifications and not be under a prohibition, as follows:

A. General Qualifications:
(1) being of Thai nationality;
(2) being at least 18 years of age;
(3) being a person with pure faith in the democratic form of government with the King as Head of State;

B. Prohibitions:
(1) being a holder of a political position;
(2) being an incompetent person, quasi-incompetent person, insane or mentally disabled person, or suffering from a disease prescribed by CSC Regulation;
(3) being a person suspended from government service or temporarily discharged from government service under this Act or other laws;
(4) being morally defective to the extent of being socially objectionable;
(5) being a committee member or holder of an executive position in a political party or an officer of a political party;
(6) being adjudged bankrupt;
(7) having been imprisoned by final sentence of imprisonment for a criminal offence, with the exception of sentences for offences committed negligently or minor offences;
(8) having been punished by discharge, dismissal or expulsion from a State enterprise or other State agencies;
(9) having been punished by discharge or dismissal for breach of discipline under this Act or other laws;
(10) having been punished by expulsion for a breach of discipline under this Act or other laws;
(11) having cheated in an entrance examination for the government service or for entry to work in other State agencies.

The CSC may consider a waiver and allow entry into the government service for persons entering the civil service who are under the prohibitions in B. (4), (6), (7), (8), (9), (10) or (11), provided that in the case of the prohibition under (8) or (9), such person must have already retired from work or retired from government service for more than two years, and in the case of the prohibition under (10), such person must have already retired from work or retired from government service for more than three years, and in no event shall the retirement from work or retirement from government service be on account of malfeasance in office. A resolution of the CSC on such waiver shall receive the votes of not less than four-fifths of the number of commissioners present at the meeting. Votes shall be cast by secret ballot.

An application for waiver under paragraph two shall be as prescribed by CSC Regulation.

In the case of paragraph two, the CSC may grant an individual waiver or may issue a notification granting a general waiver.

Section 37. Payment of salaries and position allowances to civil officials shall be as prescribed by CSC Regulation approved by the Ministry of Finance.

Section 38. Civil officials may receive supplemental allowances for foreign posts, posts in certain areas, positions in certain class series or positions entailing special grounds as prescribed by CSC Rule approved by the Ministry of Finance.

Civil officials may receive temporary subsistence allowances pursuant to economic conditions under the rules and procedures prescribed by the Council of Ministers.

When submitting a proposal to the Council of Ministers for action under paragraph two, the CSC shall also make a concurrent submission of proposals for other categories of officials.

Section 39. Working hours, traditional public holidays, annual public holidays and official leaves for civil officials shall be as prescribed by the Council of Ministers.

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