18
© 2002 Office of the Council of State, All Rights Reserved.
In the case of a vacancy of office in the J.C.A.C., the remaining
members may continue the performance of duties, provided that the number of the
remaining members must be sufficient to constitute a quorum.
A decision shall be by a majority of votes. In the case of an equality of
votes, the person presiding over the meeting shall have an additional vote as casting
vote.
The J.C.A.C. shall have the power to issue rules of procedure for the
meeting and the passing of a resolution thereat.
The J.C.A.C. shall have the power to appoint a sub-committee for
carrying out any act as is appropriate.
CHAPTER IV
Administrative Court Procedure
Part 1
Filing of Administrative Cases
Section 42. Any person who is inevitably aggrieved or injured or who
may inevitably be aggrieved or injured in consequence of an act or omission by an
administrative agency or State official or who has a dispute in connection with an
administrative contract or other case falling within the jurisdiction of an
Administrative Court under section 9 may, provided that the redress or alleviation of
such grievance or injury or the termination of such dispute requires a decree as
specified in section 72, file a case with an Administrative Court.
In the case where the law provides for the process or procedure for the
redress of the grievance or injury in any particular matter, the filing of an
administrative case with respect to such matter may be made only after action has
been taken in accordance with such process and procedure and an order has also been
given thereunder or no order has been given within a reasonable period of time or
within such time as prescribed by law.
Section 43. In the case where an Ombudsman is of the opinion that
any by-law or act of an administrative agency or State official is unconstitutional, the
19
© 2002 Office of the Council of State, All Rights Reserved.
Ombudsman shall have the right to refer the case, together with the opinions thereon,
to an Administrative Court. In presenting such opinions, the Ombudsman shall have
such rights and duties as if the Ombudsman were the person entitled to file a case
under section 42.
Section 44. Any action in connection with the filing of a case,
interpleading, the summoning of a person, administrative agency or State official to
become a party to a case, the proceedings, the hearing of evidence and the
adjudication of an administrative case other than those already provided in this Act
shall be in accordance with the rules and procedure prescribed by the general
assembly of administrative judges of the Supreme Administrative Court.
Section 45. A plaint shall be written in polite and courteous language
and shall contain the following:
(1) the name and address of the plaintiff;
(2) the name of the administrative agency or State official concerned
which gives rise to the filing of the case;
(3) all acts constituting the cause of action as well as necessary facts
and circumstances in connection therewith;
(4) the relief sought by the plaintiff;
(5) the signature of the plaintiff which, in the case of the filing of a
case on behalf of another person, must also be accompanied by an instrument of
authorisation.
If any plaint does not contain the full items under paragraph one or is
ambiguous or incomprehensible, the Office of the Administrative Courts shall give
advice to the plaintiff for the purposes of correction or amendment of the plaint. In
this instance, the date of the submission of the initial plaint shall be reckoned for the
purpose of the computation of the period of prescription.
In the case where several persons wishes to file an administrative case
for the same cause of action, such persons may jointly submit a single plaint and
appoint one among themselves to represent every plaintiff in the proceedings. In such
case, an act of the person representing the plaintiffs in the proceedings shall be
deemed to bind every plaintiff.
20
© 2002 Office of the Council of State, All Rights Reserved.
The filing of a case is not subject to Court's fees except that the filing
of a case for an order to pay money or deliver a property in connection with the
circumstance under section 9 paragraph one (3) or (4) shall be subject to Court's fees
at the rate of two point five percent of amount in dispute, provided that it shall not be
in excess of two hundred thousand Baht.
In the proceedings, a party may act on his own motion or appoint an
attorney or other person with such qualifications as specified in the regulation
prescribed by the general assembly of judges of the Supreme Administrative Court to
represent the party in filing a case or carrying out any act.
Section 46. A plaint shall be submitted to a competent official of an
Administrative Court. In this instance, a plaint may be submitted by registered post,
and, for the purpose of the computation of the period of prescription, the date of the
delivery of a plaint to the postal officer shall be deemed as the date of submission of
the plaint to an Administrative Court
Section 47. A case within the jurisdiction of an Administrative Court
of First Instance shall be filed with an Administrative Court in whose jurisdiction the
plaintiff is domiciled or the cause of action has arisen.
A case within the jurisdiction of the Supreme Administrative Court
shall be filed with the Supreme Administrative Court.
In the case where any Administrative Court gives a decision that the
case filed with it is within the jurisdiction of another Administrative Court, the plaint
shall be referred to the Administrative Court having jurisdiction over it for
consideration. In the case where the Administrative Courts of First Instance are of
different opinions with regard to the jurisdiction, the Administrative Court where the
case is last accepted shall present its opinion to the Supreme Administrative Court for
making the determination on the jurisdiction.
The hearing of a case filed with any Administrative Court shall be
carried out in such Administrative Court during its working days and office hours,
except that, in the case of compelling urgency or necessity or in the interest of
convenience of the parties, the Administrative Court may order that the trial be carried
out in any other place or on a non-working day or on any day or at any time.
21
© 2002 Office of the Council of State, All Rights Reserved.
Section 48. The President of the Supreme Administrative Court shall
publish addresses and normal working days and office hours of Administrative Courts
in the Government Gazette.
Each Administrative Court may have such an appropriate number of ad
hoc working places as the President of the Supreme Administrative Court may publish
their addresses, working days and office hours in the Government Gazette.
A general assembly of judges of the Supreme Administrative Court has
the power to determine that the submission of a plaint and any act in connection with
the trial and adjudication of an administrative case may be made to or at an ad hoc
working place of the Administrative Court.
Section 49. An administrative case may be filed within ninety days as
from the date the cause of action is known or should have been known, or within the
expiration of ninety days as from the day the plaintiff made a request in writing to the
administrative agency or State agency for the performance of duties under the law and
has not received a written explanation from the administrative agency or State agency
or has received the same but such explanation is considered by the plaintiff as
unreasonable, as the case may be, unless it is otherwise provided by a specific law.
Section 50. In the case where any order may be brought before an
Administrative Court, the person issuing that order shall also specify in such order the
procedure for submission of a plaint and the time-limit therefor.
In the case where it subsequently appears to the person issuing the
order that the provisions of paragraph one is not complied with, such person shall,
without delay, notify the recipient of the order of the statement which should have
been made under paragraph one. In this case, the time for the submission of a plaint
shall restart as from the day the recipient of the order receives the notification of such
statement.
In the case where no notification is made under paragraph two and the
time for submission of a plaint is less than one year, the time for its submission shall
be extended as a one-year period as from the date of the receipt of the order.
Section 51. The case under section 9 paragraph one (3) or (4) shall be
filed within one year as from the day the cause of action is known or should have been
[1] [2] [3] [4] [5] [6] [7] [8] [9] [10] [11]
Next Page |
