Section 87. The recruitment of persons as officials of the Office of the
Administrative Courts and the appointment to such office shall be under responsibility
of the following competent persons:
(1) the recruitment and appointment of Deputy Secretary-General of
the Office of the Administrative Courts shall be under the responsibility of the
President of the Supreme Administrative Court to nominate to the Prime Minister the
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person suitable for the office with the approval of the J.C.A.C. and the Prime Minister
shall further tender the nomination to the King for appointment;
(2) the recruitment and appointment of other positions than (1) shall be
under the responsibility of the Secretary-General of the Office of the Administrative
Courts;
Section 88. The transfer of an officials of the Office of the
Administrative Courts for recruitment and appointment as an official in another State
agency or as an official of a local government organisation or the transfer of an
official in another State agency or official of a local government organisation for
recruitment and appointment as an official of the Office of the Administrative Courts
may be made upon the consent of the person to be transferred and upon an agreement
between the person empowered to order the recruitment and the original agency, and
in accordance with the regulations prescribed by the Commission of Officials of the
Office of the Administrative Courts with the approval of the respective commission of
officials or commission of local officials, as the case may be.
The recruitment and appointment of a Government official or an
official of a local government organisation transferred to be an official of the Office
of the Administrative Courts under paragraph one to any position and for any salary
and emolument shall be determined by the Commission of Officials of the Office of
the Administrative Courts, provided that the salary to be received shall not be higher
than that of an official of the Office of the Administrative Courts possessing the same
level of qualifications, ability and expertise.
For the purpose of computing the duration of the official service, the
duration of the official service or the working time of the person transferred to be an
official of the Office of the Administrative Courts under paragraph one while being a
Government official or official of the local government organisation shall also be
deemed as the duration of the official service of the official of the Office of the
Administrative Courts under this Act.
The transfer of a political official and Government official who is
under the trial-performance of official duties to be an official of the Office of the
Administrative Courts under this Act shall not be made.
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Section 89. An official of the Office of the Administrative Courts
shall be entitled to the same pension under the law on government pension fund as
that enjoyed by a Government official.
Section 90. When the Office of the Auditor-General of Thailand has
already audited and certified all accounts and finance of the Administrative Courts
and the Office of the Administrative Courts, the result of the audit shall be submitted
directly to the House of Representatives, Senate and Council of Ministers without
delay.
Section 91. The Office of the Administrative Courts shall submit its
estimate of budget to the Council of Ministers for the purpose of appropriating
subsidies for the Administrative Courts and for the Office of the Administrative
Courts in an annual appropriations bill or supplementary appropriations bill, as the
case may be. For this purpose, the Council of Ministers may also prepare its opinion
on the appropriation of the budget of the Administrative Courts and the Office of the
Administrative Courts to be included in the memorandum accompanying the
introduction of the annual appropriations bill or the supplementary appropriation bill.
Section 92. In the matter concerning the introduction or consideration
of the budgetary appropriation or the appointment of administrative judges or in the
consideration of any matter concerning the Office of the Administrative Courts or
Administrative Courts, the joint sitting of the National Assembly, the House of
Representatives, the Senate or the Committee concerned may, if the Secretary-
General of the Office of the Administrative Courts makes a request to the Council of
Ministers, allow the Secretary-General of the Office of the Administrative Courts or
the person entrusted by the Secretary-General of the Office of the Administrative
Courts to give explanations.
Section 93. The Office of the Administrative courts shall annually
prepare a report on the work performance of the Administrative Courts and the Office
of the Administrative Court to be submitted to the Council of Ministers, the House of
Representatives and the Senate.
Transitory Provisions
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Section 94. In the initial period, there shall be established Regional
Administrative Courts, as follows:
(1) Khon Kaen Administrative Court, to be located in Khon Kaen
Province, with the jurisdiction throughout the Provinces of Kalasin, Khon Kaen and
MahaSarakham;
(2) Chumphon Administrative Court, to be located in Chumphon
Province, with the jurisdiction throughout the Provinces of Chumphon, Prachuap
Khirikhan, Phetchaburi and Ranong;
(3) Chiang Mai Administrative Court, to be located in Chiang Mai
Province, with the jurisdiction throughout the Provinces of Chiang Rai, Chiang Mai,
Mae Hong Son, Lampang and Lamphun;
(4) Nakhon Ratchasima Administrative Court, to be located in Nakhon
Ratchasima Province, with the jurisdiction throughout the Provinces of Chaiyaphum
and Nakhon Ratchasima;
(5) Nakhon Si Thammarat Administrative Court, to be located in
Nakhon Si Thammarat Province, with the jurisdiction throughout the Provinces of
Krabi, Nakhon Si Thammarat, Phangnga, Phuket and Surat Thani;
(6) Buri Ram Administrative Court, to be located in Buri Ram Province,
with the jurisdiction throughout the Provinces of Buri Ram and Surin;
(7) Phitsanulok Administrative Court, to be located in Phitsanulok
Province, with the jurisdiction throughout the Provinces of Kamphaeng Phet, Tak,
Nakhon Sawan, Phichit, Phitsanulok, Phetchabun and Sukhothai;
(8) Phrae Administrative Court, to be located in Phrae Province, with the
jurisdiction throughout the Provinces of Nan, Phayao, Phrae and Uttaradit;
(9) Yala Administrative Court, to be located in Yala Province, with the
jurisdiction throughout the Provinces of Narathiwat, Pattani and Yala;
(10) Rayong Administrative Court, to be located in Rayong Province,
with the jurisdiction throughout the Provinces of Chanthaburi, Chachoengsao, Chon
Buri, Trat, Prachin Buri, Rayong and Srakaew;
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(11) Lop Buri Administrative Court, to be located in Lop Buri Province,
with the jurisdiction throughout the Provinces of Nakhon Nayok, Phra Nakhon Si
Ayutthaya, Lop Buri, Saraburi, Sing Buri, and Ang Thong;
(12) Sakorn Nakhon Administrative Court, to be located in Sakorn
Nakhon Province, with the jurisdiction throughout the Provinces of Nakhon Phanom,
Mukda han and Sakorn Nakhon;
(13) Songkhla Administrative Court, to be located in Songkhla Province,
with the jurisdiction throughout the Provinces of Trang, Phatthaung, Songkhla and
Satun;
(14) Suphan Buri Administrative Court, to be located in Suphan Buri
Province, with the jurisdiction throughout the Provinces of Kanchanaburi, Chai Nat,
Suphan Buri and Uthai Thani;
(15) Udon Thani Administrative Court, to be located in Udon Thani
Province, with the jurisdiction throughout the Provinces of Loei, Nong Khai, Nhong Bua
Lampoo and Udon Thani;
(16) Ubon Ratchathani Administrative Court, to be located in Ubon
Ratchathani Province, with the jurisdiction throughout the Provinces of Yaso Thon, Roi
Et, Si Sa ket, Ubon Ratchathani and Umnajjareon.
Section 95. In the case where additional Regional Administrative Courts
under section 8 are established and commence their operation in the jurisdiction of the
Central Administrative Courts or Regional Administrative Courts under section 94, all
cases in the jurisdiction of the newly established Regional Administrative Courts
pending in the Central Administrative Court or Regional Administrative Courts under
section 94 shall continue to be tried and adjudicated in such Central Administrative
Court or Regional Administrative Courts.
Section 96. Within the period of five years as from the date of the entry
into force of this Act, section 21 paragraph one (3) shall not apply to the person
appointed as judge of the Supreme Administrative Court during such period.
In the case where the person appointed as judge of the Supreme
Administrative Court under paragraph one is the person receiving or entitled to receive
the ordinary pension at the time of appointment, the provision of section 32 shall apply mutatis mutandis.
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Section 97. In appointing administrative judges of the Supreme
Administrative Court for the first time upon this Act coming into force, there shall be a
Committee for the Selection of Judges of the Supreme Administrative Court, consisting
of two Government officials of the Office of the Council of State elected at a general
assembly of the Council of State, two judges of the Supreme Court of Justice holding a
position not lower than judge of the Supreme Court of Justice and elected by a general
assembly of the Supreme Court
Of Justice, one representative of the Commission of Public Prosecutors,
one representative of the Civil Service Commission, one representative of the Law
Council's Executive Committee, two representatives of the Faculties of Law or an
equivalent of all governmental higher education institutions elected among themselves
and one representative of the Faculties of Political Science or an equivalent of all
governmental higher education institutions elected among themselves, as members, and
such members shall elect one member among themselves as Chairman. The Committee under paragraph one shall elect an official of the Office
of the Administrative Courts as secretary.
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