The Chief Justice of the Administrative Courts of First Instance shall have the responsibility in ensuring the proper operation of such Courts in accordance with the regulation prescribed by the J.C.A.C. with the approval of the general assembly of judges of the Supreme Administrative Court, with the Deputy Chief Justice of the Administrative Courts of First Instance assisting in the performance of official duties as entrusted by the Chief Justice of the Administrative Courts of First Instance.

In the case where the office of the President of the Supreme Administrative Court or the office of Chief Justice of the Administrative Courts of First Instance becomes vacant or in the case of his or her inability to perform official

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duties, the Vice President of the Supreme Administrative Court or the Deputy Chief Justice of the Administrative Courts of First Instance or other administrative judge, as the case may be, shall perform official duties in place of the aforesaid person in accordance with the regulation prescribed by the J.C.A.C. with the approval of the general assembly of judges of the Supreme Administrative Courts.

The person performing duties in place of the aforesaid persons shall have the same powers and duties as those in whose place the duties are performed.

Section 29. The variation of an administrative judge in any particular division by reason of any administrative judge's vacation of office, suspension from official service, appointment to another position, illness or inability to perform duties on account of other necessary cause shall be in accordance with the regulation prescribed by the general assembly of judges of the Supreme Administrative Courts.

The replacing administrative judge under paragraph one shall have the power to examine the case file and sign a judgment.

Section 30. An administrative judge shall receive salaries and emoluments in accordance with the list attached to this Act.

Upon the commencement of the annual fiscal year, each administrative judge shall receive the increment of the salaries and emoluments from the current entitlement in an amount equivalent to the rate of the change in the consumer price index of the past year as calculated by the Ministry of Commerce for official use.

An administrative judge shall receive transport fees, accommodation fees and other expenses in the case of an official travel in accordance with the Royal Decree.

For the purpose of pensions, an administrative judge shall be deemed a Government official under the law on government pension fund. In this instance, the Office of the Administrative Courts shall be the authority overseeing the retirement of administrative judges.

Section 31. The J.C.A.C. shall provide an assessment of performance fitness of an administrative judge who shall have been sixty five years of age in the following fiscal year.

The rules and procedure for the assessment of the performance fitness under paragraph one shall be in accordance with the regulation prescribed by the

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J.C.A.C. with the approval of the general assembly of judges of the Supreme Administrative Courts.
An administrative judge who passes the assessment of performance fitness under paragraph one shall remain in office until the expiry date of the fiscal year in which such person shall have been seventy years of age.

Section 32. In the case where any Government official or official of a local government organisation is appointed as an administrative judge, it shall, in the interest of official service, be deemed that the period of such person being in official service or working while being a Government official or official of a local government organisation is the period of official service of that administrative judge, and the law on officials' pensions or the law on government pension fund, as the case may be, shall apply mutatis mutandis.

Section 33. The uniform of an administrative judge and the regulation on dressing shall be prescribed by the J.C.A.C.

The working days and office hours, official holidays and official leave of absence of an administrative judge shall be prescribed by the J.C.A.C.

Section 34. In the performance of duties, an administrative judge shall be a judicial official under the Penal Code.

CHAPTER III
Judicial Commission of the Administrative Courts

Section 35. A qualified member of J.C.A.C. under section 279 of the Constitution of the Kingdom of Thailand must have the qualifications as follows:
(1) qualified members under section 279 paragraph one (2) of the Constitution of the Kingdom of Thailand must be from six judges of the Supreme Administrative Court elected by judges of the Supreme Administrative Court and
from three judges of the Administrative Courts of First Instance elected by judges of the Administrative Courts of First Instance;

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(2) qualified members under section 279 paragraph one (3) of the Constitution of the Kingdom of Thailand must have the qualifications under section 13 and must not be under the prohibitions under section 14.

The Secretary-General of the Office of the Administrative Courts shall be secretary to the J.C.A.C.

Section 36. The election of qualified members under section 279 paragraph one (2) of the Constitution of the Kingdom of Thailand shall be by direct and secret ballot. For this purpose, the Secretary-General of the Office of the Administrative Courts shall prepare a list of names of persons eligible for being elected, which must be categorised into judges of the Supreme Administrative Court and judges of Administrative Courts of First instance, for forwarding to judges of the Supreme Administrative Court or judges of Administrative Courts of First Instance, as the case may be. The date, time and place for the election shall also be notified therein.

There shall be an election committee consisting of the Secretary- General of the Office of Administrative Courts, three judges of Administrative Courts and three Deans of Faculties of Law in governmental higher education institutions elected by the President of the Supreme Administrative Court as members, who shall have the power to take action in connection with the election of the qualified members under paragraph one, the vote counting and the announcement of the result of the election.

The President of the Supreme Administrative Court shall have the responsibility in ensuring that the election will proceed in a proper and orderly manner.

Section 37. In electing qualified members under section 279 paragraph one (3) of the Constitution of the Kingdom of Thailand who shall be elected by the Senate, the Senate shall appoint a committee for nominating six appropriate persons to the Senate for further consideration.

Section 38. In electing qualified members under section 279 paragraph one (3) of the Constitution of the Kingdom of Thailand who shall be elected by the Council of Ministers, the Prime Minister shall nominate to the Council

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Section 39. A member of the Judicial Commission of the Administrative Courts under section 35 paragraph one (1) and (2) shall hold office for a term of two years and may be re-elected but may not serve for more than two
consecutive terms.

In the case of a vacancy of office before the expiration of the term, action shall be taken for a replacement election to take place within sixty days as from the date of vacancy except that if less than ninety days remain in the term of office of that member, such replacement election may be omitted.

A replacing member of the Judicial Commission of the Administrative Courts who is elected shall hold office for the remaining term of the replaced person.

Section 40. In addition to vacating office at the expiration of term, a member of the Judicial Commission of the Administrative Courts under section 35 paragraph one (1) and (2) vacates office upon:
(1) death;
(2) resignation;
(3) vacating office of judge of the Supreme Administrative Court or judge of an Administrative Court of First Instance, in the case of a member under section 35 paragraph one (1);
(4) being disqualified under section 13 or being under the prohibition under section 14.

Section 41. At a meeting of the J.C.A.C., the presence of not less than one-half of the total number of the members is required to constitute a quorum.

If the President of the Supreme Administrative Court is not present at the meeting or is unable to perform the duty, the Vice President of the Supreme Administrative Court shall perform the duty. If there is no Vice President of the
Supreme Administrative Court or there is such person but the person is unable to perform the duty, one member shall be elected to preside over the meeting.

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