Section 98. The Committee for the Selection of Judges of the Supreme
Administrative Court shall select not more than twenty three persons who have the
qualifications under this Act and possess knowledge, integrity and conduct suitable for
appointment as judges of the Supreme Administrative Court, and the provisions of
section 15 paragraph one shall apply mutatis mutandis provided that action shall be
taken and completed within sixty days as from the date of the entry into force of this Act.
For the purpose of the selection of such number of persons with
respective most suitable knowledge and integrity as specified in paragraph one, the
Committee for the Selection of Judges of the Supreme Administrative Court shall
prepare a list of persons to be selected from persons wishing to apply for candidacy and
persons nominated by the institutions or organisations concerned with the persons who
have the qualifications under section 13(4), and such persons shall produce evidence of
academic or professional works indicating the suitable knowledge and integrity for the
office of judge of the Supreme Administrative Court. For this purpose, the list of the
persons to be selected and the list of the selected persons shall be disclosed and
publicised, and persons in the fields of law and public administration shall be invited to
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give opinions which shall be considered before the submission of the list of the persons
finally selected to the Prime Minister for further proceeding.
Upon the appointment by the King of judges of the Supreme
Administrative Court under paragraph one, the duty of the Committee for the Selection
of Judges of the Supreme Administrative Court shall terminate. Judges of the Supreme
Administrative Court shall elect one judge among themselves as President, two as Vice
Presidents of the Supreme Administrative Court and four as Senior Judges of divisions
of the Supreme Administrative Court and section 15 paragraph two and paragraph three
shall apply mutatis mutandis.
Section 99. In the initial period, a general assembly of judges of the
Supreme Administrative Court appointed under section 98 shall select one person
having the qualifications and suitability for appointment as Chief Justice of the
Administrative Courts of First Instance, one as Deputy Chief Justice of the
Administrative Courts of First Instance and not more than one hundred and thirty as
judges of Administrative Courts of First Instance, and action shall be taken under
section 98 paragraph two mutatis mutandis before the submission of the list of such
persons to the Prime Minister for tendering it to the King for appointment.
Section 100. When judges of the Supreme Administrative Court have
been appointed under section 98 and judges of the Administrative Courts of First
Instance have been appointed under section 99, the Senate, the Council of Ministers
and the President of the Supreme Administrative Court shall cause an election of
members of the Judicial Commission of the Administrative Courts to be held within
ninety days.
Section 101. From the initial period up to 30th September B.E. 2544
(2001), section 30 paragraph two shall not apply and a judge of an Administrative
Court of First Instance, a Senior Judge of a division of an Administrative Court of
First Instance and Deputy Chief Justice of the Administrative Courts of First Instance
shall be entitled to the minimum salaries prescribed for the respective office, provided
that if the person transferred has received higher salaries than the minimum rate fixed
for the office, the entitlement to any salary scale shall be as Deliberated by the
J.C.A.C.
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Section 102. In the case where the person transferred to be an
administrative judge or an official of the Office of the Administrative Courts is
already a Government official under the law on officials’pensions prior to the date of
the entry into force of provisions of Chapter 3 of the Government Pension Fund Act,
B.E. 2539 but has not applied to be a member of the Government Pension Fund, such
person shall be entitled to the pension under the law on officials’ pensions.
Section 103. When administrative judges have been appointed under
section 98 and section 99, the President of the Supreme Administrative Court shall
publish in the Government Gazette determining the operation date of the Supreme
Administrative Court, the Central Administrative Court and Regional Administrative
Courts. The Supreme Administrative Court and the Central Administrative Court
shall commence its operation not later one hundred and eighty days as from the date
of the entry into force of this Act. The operation of Regional Administrative Courts
under section 94 shall be in accordance with the necessity, having regard to the
appointment of administrative judges of suitable knowledge and integrity but shall be
at the rate of not less than seven Courts per year.
While the operation of the Regional Administrative Courts under
section 94 does not cover all Courts specified thereunder, a general assembly of the
Supreme Administrative Court shall have the power to issue, and publish in the
Government Gazette, a Notification designating a Regional Administrative Court
already in operation to have jurisdiction over any Province nearby as is appropriate.
When the operation date for the Central Administrative Court has been
published, all petitions submitted to the Petition Council pending its consideration or
already adjudicated by the Petition Council but pending the direction by the Prime
Minister shall be transferred to the Central Administrative Court. If the Central
Administrative Court considers it as the case under section 9, it shall proceed with the
trial and adjudication.
For convenience of the petitioner in proceeding with the administrative
case, if the respective Regional Administrative Court is in operation, the Central
Administrative Court may, if it thinks fit, transfer that case to the competent Regional
Administrative Court.
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The proceedings and adjudication of the case transferred under
paragraph three shall be in accordance with the regulation prescribed by the general
assembly of judges of the Supreme Administrative Court but shall not be contrary to
or inconsistent with the provisions of this Act.
Section 104. While the regulations or notifications governing the
personnel administration under section 84 are not yet in existence, the law on civil
service shall apply to officials of the Office of the Administrative Courts mutatis
mutandis. For this purpose, the Commission of Officials of the Office of The
Administrative Courts shall have the powers and duties as the Civil Service
Commission under such law.
In the initial period, officials of the Office of the Administrative Courts
shall, without delay, elect three persons among themselves as members of the
Commission of Officials of the Office of the Administrative Courts. While
appointment has not yet been made for any office the holder of which sits as ex officio member of the Commission of Officials of the Office of the Administrative Courts,
the Commission shall consist of its existing member.
Section 105. All cases already filed with, or pending the trial of, any
other Court on the date of the entry into force of this Act and exhibiting the
characteristic of an administrative case under this Act shall be proceeded with by that
Court in regard to its trial and adjudication until the case becomes final.
Section 106. The right to lodge a complaint to the Petition Council
under section 11 of the Act on Liability for Wrongful Acts of Officials, B.E. 2539
(1996) in respect of the case not within the jurisdiction of the Administrative Court
under this Act shall be deemed to be the right to file a case with a Court of Justice.
Section 107. In the initial period prior to the appropriation of the annual
budget to the Office of the Administrative Courts, the J.C.A.C. shall prepare the work
plan for the operation of the Administrative Courts and the work plan for the
establishment and administration of the Office of the Administrative Courts to be
submitted to the Council of Ministers in order to obtain subsidies for funding the
operation and administration in accordance with such plans.
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The Council of Ministers shall consider and allocate the budget as
general subsidies for funding the work operation under the plans submitted by the
J.C.A.C. in accordance with the necessity.
Countersigned by:
Chuan Leekpai
Prime Minister
Certified correct translation
(Dr. Ackaratorn Chularat) Secretary-General of the Council of State Office of
the Council of State
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