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Contribution:

This translation has been provided with the kind assistance of Chaninat & Leeds. Chaninat & Leeds practices both family and business law, including K1 visa Thailand.




 

TITLE 1
General Provisions
Chapter 1
Social Security Committee

Section 8. There shall be a Committee called the “Social Security Committee” consisting of the Permanent Secretary for Labour and Social Welfare as Chairman, a representative of the Ministry of Finance, a representative of the Ministry of Public Health, and a representative of the Bureau of the Budget, and five representatives of employers and five representatives of employees appointed by the Minister, as members and the Secretary - General shall be a member and secretary6.

The Committee may appoint any person to be assistant secretaries.

The Minister may appoint not more than five qualified persons as advisers of the Committee, of whom shall at least, be qualified persons in social security system, labour affairs, medical affairs, legal affairs and others.

Section 9. The Committee shall have the following powers and duties;
(1) to submit opinions to the Minister in regard to policy and implementation of social security under this Act;
(2) to consider and give opinions to the Minister in respect of the issuance of Royal Decrees, Ministerial Regulations and other regulations for the execution of this Act;
(3) to issue regulations, with the approval of the Ministry of Finance, in regard to receipts, payment and safe-keeping of the Fund;
(5) to issue regulations, with the approval of the Ministry of Finance, in regard to the productive investment of the Fund;
(5) to review balance sheet and statement of the receipts and expenditures of the Fund and annual report on the performance of the Office in regard to social security under this Act;
(6) to provide consultations and advices to other Committee or the Office;
(7) to perform other functions as prescribed in this Act or any other laws to be those of the Committee or as entrusted by the Minister.

In the performance of the duties under paragraph one, the Committee may assign the Office to perform and report to the Committee for future proceedings.

Section 10. A member or an adviser appointed by the Minister shall hold office for a term of two years.

The member or adviser who vacate office may be reappointed, but not more than two consecutive terms.

Section 11. In addition to vacating office at the end of term under section 10, a member or an adviser appointed by the Minister shall vacate office upon:
(1) death;
(2) resignation;
(3) being removed by the Minister;
(4) being a bankrupt;
(5) being insane or mental infirmity;
(6) being imprisoned by a final judgement to a term of imprisonment,except for an offence committed through negligence or petty offence.

In the case where a member appointed by the Minister vacates his or her office before the expiration of his or her term, the Minister may appoint another person of the same description of qualification according to section 8 to replace him or her and the appointee shall hold office for the remaining term of the member so replaced.

In the case where an additional adviser is appointed by the Minister during the term of advisers already appointed, the appointee shall hold office for the remaining term of the advisers already appointed.

Section 12. In the case where members appointed by the Minister have completed the term of office but new Committee has not yet been appointed, the members who vacate office upon the expiration of the term of office shall remain in office for carrying out duties until the newly appointed members assume their duties.

Section 13. At a meeting of the Committee, the presence of not less than one-half of the total number of members is required to constitute a quorum.

If the Chairman does not attend the meeting or is unable to perform his or her duties, the members present shall elect one among themselves to preside over the meeting.

The decision of the meeting shall be made by a majority of votes. Each member shall have one vote. In case of an equality of votes, the person presiding over the meeting shall have an additional vote as the casting vote.

Section 14.7 There shall be a Medical Committee consisting of a Chairman and other members, totally not more than sixteen persons, appointed by the Minister, and representative of the Office shall be member and secretary.
Chairman and other members under paragraph one shall be appointed from qualified persons in the fields of medical science and shall hold office for a term of two years.

Section 10 paragraph two, section 11, section 12 and section 13 shall apply mutatis mutandis.

Section 15. The Medical Committee shall have the following powers and duties:
(1) to submit opinions to the Committee in regard to the performance in rendering medical services;
(2) to determine rules and rates of benefit in respect of medical services provided to insured persons under section 59, section 63, section 66, section 68, section 70 and section 72;
(3) to submit opinions to the Committee in respect of the issuance of Ministerial Regulations under section 64;
(4) to give advices and recommendations on medical matters to the Committee, the Appeal Committee and the Office;
(5) to perform other functions as prescribed in this Act to be those of the Medical Committee or as entrusted by the Minister or by the Committee.

Section 16. The Committee or the Medical Committee may appoint a sub-committee to consider or carry out any matter as entrusted by the Committee or the Medical Committee.

Section 13 shall apply mutatis mutandis to the meeting of the sub-committee.

Section 17. The Committee, the Medical Committee and the sub - committee shall have power to summon any person to submit documents or data which are necessary for consideration. In this respect, they may order the persons concerned to give statement.

Section 18. The members, the advisers, the Medical Committee, the Appeal Committee and the sub-committee may receive meeting allowance, transport expenses, allowance, lodging expenses and other expenses in performing their duties under this Act in accordance with the regulation prescribed by the Minister, with the approval of the Ministry of Finance.

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6 As amended by section 5 of the Social Security Act (No.2), B.E.2537 (1994)

7 As amended by section 6 of the Social Security Act (No.2), B.E.2537 (1994)

 

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