CHAPTER V
Office of the Administrative Courts

Section 76. There shall be the Office of the Administrative Courts as an independent Government agency under the Constitution, which shall be a juristic person.
Section 77. The Office of the Administrative Courts shall have the powers and duties, as follows:
(1) to be responsible for secretarial works of Administrative Courts;
(2) to carry on activities with respect to administrative cases as directed by the Administrative Court;
(3) to conduct execution of decrees made by the Administrative Court;
(4) to study and compile information in the interest of the performance of work of Administrative Courts;
(5) to analyse causes of the filing of administrative cases for the purpose of making suggestions to State agencies concerned with regard to direction for the improvement of public administration;
(6) to publish and disseminate judgments or orders of Administrative Courts;
(7) to provide training and knowledge development for administrative judges, officials of the Office of the Administrative Courts and other State officials concerned as well as co-ordinate with other agencies concerned for developing principles of public law and the administration of State affairs and personnel in the filed of public law;
(8) to perform other acts under the provisions of this Act or as the law prescribed to be under the responsibility of the Office of the Administrative Courts.

35
© 2002 Office of the Council of State, All Rights Reserved.
Section 78. There shall be Secretary-General of the Office of the Administrative Courts who shall be an official of the Office of the Administrative Courts directly answerable to the President of the Supreme Administrative Court, with the responsibility in exercising general supervision of official affairs of the Office of the Administrative Courts, and shall be the superior of officials of the Office of the Administrative Courts. There shall be Deputy Secretary-Generals of the Office of the Administrative Courts to assist in directing and performing official duties.

In making appointment of the Secretary-General of the Office of the Administrative Courts, the President of the Supreme Administrative Court shall, with the approval of the J.C.A.C., elect and nominate to the Prime Minister a person suitable for holding such office and the Prime Minister shall tender the nomination to the King for further appointment.

In affairs of the Office of the Administrative Courts in connection with third persons, the Secretary-General of the Office of the Administrative Courts shall represent the Office. For this purpose, the Secretary-General of the Office of the Administrative Courts may entrust any person to perform specific official duties on his or her behalf, in accordance with the regulation prescribed and published in the Government Gazette by the Commission of Officials of the Office of the Administrative Courts.

Section 79. There shall be administrative court officials to assist judges in charge of the case in the administrative court proceedings as entrusted by the judges in charge of the case and perform other duties in the Office of the
Administrative Courts as entrusted by the Secretary-General of the Office of the Administrative Courts.
In the performance of duties in relation to administrative court proceedings as entrusted by the judge in charge of the case, the administrative court official shall be an official in the position of inquiry official under the Penal Code.
Section 80. Qualifications of the persons to be appointed as administrative court officials of each class shall be in accordance with the rules prescribed by the J.C.A.C.

36
© 2002 Office of the Council of State, All Rights Reserved.
The Secretary-General of the Office of the administrative courts shall have the power to appoint officials of the Office of the Administrative Courts who have qualifications under paragraph one as administrative court officials.

Section 81. There shall be a Commission called the “Commission of Officials of the Office of the Administrative Courts” consisting of the President of the Supreme Administrative Court as Chairman, First Vice President of the Supreme Administrative Court, Chief Justice of the Central Administrative Court, Secretary- General of the Office of the Administrative Courts, three officials of the Office of the Administrative Courts of the level not lower than that prescribed by the J.C.A.C. appointed from officials of the Office of the Administrative Court in accordance with
the procedure prescribed and published by the J.C.A.C. with the approval of the general assembly of the judges of the Supreme Administrative Court, Secretary- General of the Council of State and Secretary-General of the Civil Service Commission, as members.

The Secretary-General of the Office of the Administrative Courts shall appoint officials of the Office of the Administrative Court as secretary and assistant secretaries.

Section 82. A member of the Commission of Officials of the Office of the Administrative Courts elected from officials of the Office of the Administrative Court shall hold office for a term of two years and may be re-appointed but shall not serve for more than two consecutive terms.

If the office becomes vacant before the expiration of term, there shall be held a replacement election within sixty days as from the date of the vacancy, except that in the case where less than ninety days remain in the term of office of that member, the replacement election may be omitted.

A replacing member of the Commission of Officials of the Office of the Administrative Courts shall hold office for the remaining term of the person replaced.

Section 83. In addition to vacating office at the expiration of term, a member of the Commission of Officials of the Office of the Administrative Courts elected from officials of the Office of the Administrative Courts vacates office upon:
(1) death;
37
© 2002 Office of the Council of State, All Rights Reserved.
(2) resignation;
(3) ceasing to be an official of the Office of the Administrative Courts;
(4) being removed by the Commission of Officials of the Office of the Administrative Courts, with the votes of not less than three quarters of the total number of its existing members, by reason of inappropriate act or conduct in the
performance of duties as member of the Commission of Officials of the Office of the Administrative Courts.

Section 84. The Commission of Officials of the Office of the Administrative Courts shall have the power to issue regulations or notifications in regard to the administration of general affairs, personnel administration, budget,
finance and property and other activities of the Office of the Administrative Courts, in particular in respect of the following matters:
(1) internal organisation of the Office of the Administrative Courts and powers and duties of such Government agencies;
(2) the prescription of qualifications, selection, recruitment, appointment, trial-performance of official duties, transfer, promotion, vacation from office, increment of salaries, resignation from government service, suspension of official service, instruction for temporary resignation, disciplines, inquiry and imposition of disciplinary penalty, complaint and appeal against the imposition of penalty on officials of the Office of the Administrative Courts;
(3) delegation of powers of officials of the Office of the Administrative Courts, be it for the purpose of acting for or acting as holders of such positions;
(4) the prescription of working days and hours, traditional public holidays, annual public holidays and leave of absence of officials of the Office of the Administrative Courts;
(5) the prescription of the uniform and dresses of oficials of the Office of the Administrative Courts;
(6) the employment and appointment of persons as experts or specialists in specific fields beneficial to the performance of duties of Administrative Courts and the rate of remuneration for the employment;
(7) the appointment of persons or groups of persons for performing any act as entrusted;
38
© 2002 Office of the Council of State, All Rights Reserved.
(8) the administration and management of budgets and procurement of the Office of the Administrative Courts;
(9) the provisions of welfare or other assistance to officials of the Office of the Administrative Courts;
(10) the maintenance of personnel record and the control of retirement of officials of the Office of the Administrative Courts;
(11) the prescription of procedure and conditions for the employment of employees of the Office of the Administrative Courts including the prescription of uniforms and dresses, working days and hours, traditional public holidays, annual public holidays and leave of absence and the provision of welfare or other assistance to employees of the Office of the Administrative Courts;
(12) the prescription of other acts within the powers and duties of the Commission of Officials of the Office of the Administrative Courts. The regulations or notifications under paragraph one shall be signed by the Chairman of the Commission of Officials of the Office of the Administrative Courts and shall come into force upon their publication in the Government Gazette.

Section 85. The law on civil service in sofar as it deals with ordinary Government officials shall apply mutatis mutandis to the prescription of positions and salaries, emoluments and additional remuneration for special positions of officials of the Office of the Administrative Courts, and, for this purpose, the expression “C.S.C.” shall mean the Commission of Officials of the Office of the Administrative Courts.

Section 86. The provisions applicable to Government officials as provided in the law on civil service shall apply mutatis mutandis to salary scales, emolument scales and eligibility therefor, and the payment of salaries and
emoluments of officials of the Office Of the Administrative Courts.

[1] [2] [3] [4] [5] [6] [7] [8] [9] [10] [11]
Next Page