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
14
© 2002 Office of the Council of State, All Rights Reserved.
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
15
© 2002 Office of the Council of State, All Rights Reserved.
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;
16
© 2002 Office of the Council of State, All Rights Reserved.
(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
17
© 2002 Office of the Council of State, All Rights Reserved. of Ministers persons considered suitable for election for its consideration and passing
a resolution.
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.
[1] [2] [3] [4] [5] [6] [7] [8] [9] [10] [11]
Next Page |