Committee and selection of the positions in independent organizations shall be enforceable from 20 August 2015 instead of the date that the order was announced in the Royal Gazette.
So long as the persons above have performed their duties with good faith, they shall be protected and will not be held accountable for civil, criminal or disciplinary action.
On the same day, the Head of the NCPO issued Order No. 42/2015 which concerns the second amendment of the resolution for illegal fishing, and lack of both report and control. Under the order, officers shall improve the database for registration of new boats to conform withactual circumstances. 8,024 boat registrations shall be withdrawn from the boat registration for fishing. The issuance of license for fishing equipment shall be controlled in proportion to the number of marine creatures.
Under the order, the Office of Police Commission shall be the office which provides for the the rules, appointment process and transfer process forthe police department. Moreover, the Commissioner General shall have the power to consider its next successor and propose it to the Board of Royal Thai Police to consider following which the appointment shall be made by the King. For the position one rank below that of the the Commissioner General, the Commissioner General shall select from a list of police officers and propose a name to the Office of Police Commission to approve. Following approval by the Office of Police Commission, that person shall be appointed by the King.
In the case that the Commissioner General believes that the appointment to commissioner positions is unfair, or that the process is not in accordance with the rules and methods established by the Office of Police Commission, or if the Commissioner General considers that if such person continues to hold a position, it will cause damage to government service, or if there are special causes indicated by the Office of Police Commission, the Commissioner General shall have the power to appoint a police officer to hold certain position on a case-by-case basis.
On the same day, the Head of the NCPO issued Order No. 47/2015 which concerns the appointment to the Board of Investment (BOI). Under the order, it appointed Mr. Prasarn Trairatworakul as an advisor to the BOI. Mr. Prasarn has replaced Mr. Tewin Wongwanich who had resigned.
This order facilitates investment by decreasing legal limitations, such as location of industrial factories. Previously, certain prohibitions under those laws applied on the land declared as SEZ; certain factories could not be built. However, this order will lead to ministerial regulations on city planning and to new regulations on building control which will facilitate the SEZ policy and investment conditions.
On the same day, the Head of the NCPO issued NCPO Order No. 4/2016 which exempts the implementation of ministerial regulations on general city planning for certain enterprises. The rationale of this order is to restrain and to fix some legal objections obstructing the State’s attempt to urgently fix problems on energy security in Thailand and on the environment, especially excessive garbage. The order is also for the development of the national economy and to get the country ready for the ASEAN Economic Zone.
This order reduces legal limitations on factory location or other enterprises related to energy production and waste management. Previously, there may have been/ would have been certain prohibitions under ministerial regulations on city planning applying in certain districts or provinces. Consequently, the authority may not approve the enterprises according to (1)-(8) in some areas; for example, the rural and agriculture reservation area with the regulation that prohibits the building of power plants.
Thus, with this order, the authority may approve the enterprises (1)-(8) without having to consider laws on city planning which is a crucial measure to protect the environment.
(However, it still has to consider the suitability of the project area and conditions to approve under other legislation.)
The Head of the NCPO issued NCPO Order No. 7/2016 which concerns the assignation of police positions with investigation power. The order annuls all investigator positions according to section 44 and 47 of the Royal Thai Police Act 2004. The order also annuls the remuneration of investigators according to section 72. The rank of investigators to specialist investigator shall be transferred to be deputy inspector to deputy superintendent inspector respectively. It also indicates that the positions of investigator expert shall be transferred to be superintendent (lawyer) and deputy commander (lawyer).
irrigation, prevention on public danger, hospitals, or dwellings, while the report on environment impact assessment is pending according to paragraph one, state enterprise, or other state’s agencies who are responsible for such project or business, may present to the Cabinet to consider approving a process to acquire private sector to implement the project or business. However, it may not sign and bind in the contract or authorize the private sector to implement the project or business.”
Moreover, committees of education service areas, sub-committees on teachers and educational personnel and education service areas shall be abolished. The authority shall be transferred to Committee on Provincial Education which is appointed in the order. Such Committee shall have responsibility to indicate strategies, approaches to manage education at all levels in the province and shall have the authority to appoint the sub-committee.
On the same day, the Head of the NCPO issued Order No. 11/2016. It concerns the administration of Ministry of Education in the regions. The provincial and regional education shall be established to implement missions of the Ministry in the local levels, to specifying strategies, to support provincial development and to coordinate administration between the center and the regions.
This order transfers responsibilities of directors of primary and secondary education service area, in particular the work of teachers and educational personnel and education service areas, to be responsibilities of provincial education.
The Royal Gazette website has published NCPO Order No. 13/2016 which concerns the prevention and suppression of specific offences which are dangerous to peace and sabotage the economy and society of the country.
The Order authorizes officials to arrest any person who commits a flagrant offence, to search, to seize and to detain any person for no more than seven days. The Order also allows officials to set release conditions. More importantly, this Order grants an immunity to the military and removes the power of the Administrative Court to monitor and check detentions.
The Order indicates that it will apply to any person who abuses, bullies, or threatens other people so that they do not dare to resist and to file a complaint to the authority. The Order also applies to those people who make a living from illegal action such as drug dealers, gamblers, and those people who collect weapons.
5 April 2016, the Royal Gazette website has published NCPO Order No. 14/2016 which establishes an advisory committee for the administration and development of southern border provinces. It also concerns the assignment of power of the Internal Security Operation Center.
The Order establishes an advisory committee for the administration and development of southern border provinces made up of not more than 60 people. The Committee will replace the SBPAC, which is made up of locals elected from the community. The Order also states that the Secretary of SBPAC shall take advice from ISOC secretariat.
11 April 2016, the Royal Gazette website has published NCPO Order No. 15/2016 which makes allows migrants from Myanmar, Laos and Cambodia to return to their country of origin for Songkran holidays of 2016.
According to the Order, migrants from Myanmar, Laos, and Cambodia may return to their country for the Songkran festival. They will not be considered to have travelled outside the province that they have registered themselves in, or where they are allowed to work, on the condition that they return to Thailand before 20 April 2016. Officials are prohibited from using their power to obtain money from such returning migrants.
12 April 2016, the Royal Gazette website has published NCPO Order No. 16/2016 on the auction of the telecommunication frequency. Under the Order, the NBTC will organize the auction event for frequency 900 megahertz, radio frequency 895-905 megahertz together with 940-950 megahertz on 27 May 2016.
The auction shall be open for general licensees except those who have violated or have not complied with NBTC announcements. For the first round of auction, the price has been set at 75,654 millions baht and the deposit has been set at 3,783 baht.
When a concession license or mobile phone provider contract (No.2) has ended, temporary protection shall apply until 30 June 2016 or until the NBTC issues a license for a frequency to those who win the auction.
21 April 2016, the Royal Gazette website has published NCPO Order No. 1682016 on the amendment of NCPO Order No. 10/2015. This Order amends section 9 of NCPO Order no. 10/2015 which concerns resolutions about illegal fishing and the lack of reporting and monitoring. For any important matters concerning government policy and which may have wide effect, the Command Center for Combating Illegal Fishing (CCCIF) shall seek the opinion of the steering committee no.5 before proposing them to the Prime Minister. However, for a general matter, the CCCIF shall seek the opinion of the same steering committee before the Commander has made a decision.
On the same day, NCPO Order 19/2016 was published. The Order amends NCPO Order 27/2015. Order 19/2016 revokes section 4 of Order 27/2016 on whether the Committee of Command Center for Civil Aviation has complied with its authority and duty.
If any important matter concerns policies of the Government and has wide effect, the Center should seek the advice of the 5th committee before proposing to the Prime Minister to issue an order. For general matters, the Center should seek the advice from the same Committee before the Commander of the Center issues an order.
22 April 2016, the Royal Gazette website published NCPO Order 20/2016 on the appointment public servants. It is to reform the management of regional administration. NCPO Order uses section 44 of the Interim Constitution of Thailand to order the following:
1) These following public servants shall be dismissed from their former position and former rate of salary:
Yutthana Wiriyakitti, former Provincial Governor of Srisaket
Somchai Natayatunti, former Provincial Governor of Tak
Somsak Parisutthohemtanon, former Provincial Governor of Chandthaburi
Weerapong Keawsuwan, former Provincial Governor of Pattani
They shall take the position of Special Inspector General in the Office of Prime Minister.
2) Those public servants who were acting as provincial governors shall take available positions as follows:
Tawut Suraban, Vice Provincial Governor of Rachaburi shall be the Provincial Governor of Srisaket.
Chareonrit Sagnuansut, Vice Provincial Governor of Lumpoon shall be the Provincial Governor of Tak.
Witurat Srinam, Vice Provincial Governor of Pitsanulok shall be the Provincial Governor of Chandaburi.
Suriya Amornrodworawut, shall be dismissed from the position of Inspector General of the Ministry of Interior and shall be the Provincial Governor of Srisaket.
26 April 2016, the Royal Gazette website published NCPO Order 21/2016 which concerns the performance of the Royal Thai Police. The NCPO issued this order under section 44 of the Interim Constitution of Thailand.
According to the Royal Thai Police Act 2003, the Commander of the Royal Thai Police shall appoint police positions. The Act has been amended by NCPO Order 44/2015 dated 5 December 2015 on how to solve problems of human resources management of police institute. From the day that this Order comes into force until the appointment of police officers in the year of 2016 has finished, all appointments should be made according to the rules and directions established by the Commander of the Royal Thai Police for the time being.
4 May 2016, the Royal Gazette website has published NCPO Order 22/2016 which concerns a temporary selection of local council members in case the local council is dissolved.
This Order changes the structure of the selection committee for local council members according to NCPO Order No. 84/2014 so that the committee structure will comply with principles of good governance, impartiality and share the same standards.
The selection committee shall be comprised of the Permanent Secretary and Vice Permanent Secretary of the Ministry of Interior, head of community development and promotion of local administration group, Director-General of Local Administration Department, Community Development Department, Lands Department, Department of Disaster Prevention and Mitigation, and Public Works,Town and Country Planning Department etc.
When the local council of any province is dissolved, the Provincial Governor shall propose a list of people who may be selected as council members. The number of people proposed shall be three times the number of actual local council members. The list shall be passed on to the selection committee within 15 days after the council is dissolved.
Once the selection committee has received the list of people, the committee shall select members of the local council within 30 days from the day it receives the list from the Provincial Governor.
16 May 2016, the Royal Gazette website has published NCPO Order 23/2016 which concerns the performance of the Director of the Office for National Education Standard and Quality Assessment.
Under this Order, Mr. Channarong Pornrungrod, Director of the Office for National Education Standard and Quality Assessment (Public Organization) was temporarily restrained from performing his duty. Mr. Komsorn Wongraksa, Vice-Director of the Office for National Education Standard and Quality Assessment (Public Organization) shall act for him until the Head of NCPO has states otherwise.
17 May 2016, the Royal Gazette website published NCPO Order 24/2016 which concerns the appointment of civil servants.
Under this order, Police General Chaiya Siri-umpunkul is removed from the position of Police Inspector General of the Royal Thai Police. He is transferred to be a secretary of the Money Laundering Prevention and Suppression Committee, Office of Money Laundering Prevention and Suppression.
The position of secretary does not need to be selected. He shall perform duties from the day that this Order comes into force and the National Legislative Assemble shall approve the transfer on behalf of the Senate.
31 May 2016, the Royal Gazette website has published NCPO Order 25/2016 which concerns the revocation of the prohibition on certain people from travelling abroad.
This Order revoked NCPO Order No. 19/2014 which prohibited certain persons from travelling abroad. However, those subject to NCPO Order No. 39, 40 and 41/2014 or those people who violate NCPO Order 3/2015 still need to obtain approval from NCPO Order before travelling outside the country.
10 June 2016, the Royal Gazette website has published NCPO Order No. 26/2016 which concerns the provision of land to be used for residence development. The development project attempts to solve the problem of people trespassing public waterways.
Under this Order, 30 square rai area of Chiangrakyai Canal in Khlongnueng Sub-district, Klongluang District, Pathumthani Province (according to the map annexed in the Order) shall be Ratchaphatsadu land. As a consequence, the area is no longer public property that people can share and utilize. In addition, the Treasury Department will allocate the use of this land to the cooperative established by “Pathumthani Model Project” to utilize according to the project.
On the same day, the website published NCPO Oder 27/2016 regarding measures to prevent and to alleviate those who are distressed from the release of fireworks, skyrocket, fire balloons or other objects of a similar nature. The Order prohibits the release of these objects into the air unless permission has been obtained from the District Director for Bangkok and the District Sheriff for other provinces. The province shall have a provincial announcement which is agreed among the provincial committee and provincial cultural committee.
For Bangkok, local legislation shall be enacted to establish measures. Whoever violates or does not comply with provincial announcements or Bangkok local legislation shall be imprisoned for not more than three years or fined not more than 60,000 baht or both. Bangkok legislation shall enter into force once it is published in the Royal Gazette.
15 June 2016, the Royal Gazette has published NCPO Order 28/2016 on free basic education for 15 years. The relevant government offices involved in arranging basic education shall organize 15 years basic education from kindergarten (if any), elementary school until 12th grade or vocational certificate (vocational certificate 3) or equivalent. It also includes special education and welfare schools which have to meet certain quality and standard. The free fee covers (1) teaching (2) books (3) stationery (4) uniforms (5) student development activities (6) other expenses as deemed appropriate by the Cabinet.
21 June 2016, the Royal Gazette has published four NCPO orders as follows;
NCPO Order 29/2016 on the temporary selection of local council members or local executives in case a subdistrict administrative organization (SAO) has been upgraded to be a municipality or in case a municipality has changed its status.
In case members of a local council or local executive position vacate before its term finishes, or if the SAO has been upgraded to municipality or the municipality has been upgraded, or in case their terms have come to an end and the SAO has been upgraded to be a municipality, a municipality has been upgraded or the position or municipality has changed, the selection for members of local council or local executive of SAO shall be conducted according to NCPO Order 85/2015 on the temporary selection of members of local council local executives.
NCPO Order 30/2016 on measures on how to prevent and solve problems of quarrels and fights between students. Under this Order, officials in category 7 of the Child Protection Act 2003 shall have authority to detain students who fight or are prepared to do so. However, the detention cannot be more than six hours for the purpose of bringing the students to the police, school executives, parents or guardian depending on the case. The parents or guardians shall take responsibility in this case.
Moreover, whoever instigates, promotes, assists or supports students to violate section 64 of the Child Protection Act 2003 shall be imprisoned for not more than three months or fined 30,000 baht or both.
In cases where instigation, promotion and assistance leads to the students to fight or assault others, that person shall be imprisoned for no longer than six months or fined for not more than 60,000 baht or both. In cases where the instigation, promotion and assistance has led to a death from the fight, that person shall be imprisoned for no longer than one year or fined for not more than 100,000 baht or both
NCPO Order 31/2015 on the amendment of forestry law to prevent, restrain and to suppress illegal cutting of trees. The Order amends a few definition of the Forestry Act 1912; for example, it has defined ‘processed wood’ and ‘cutting wood’.
NCPO Order 32/2016 is concerned with the prevention of smuggling of chemical products, substances and certain equipment. The secretary of drug prevention and suppression committee could seize smuggled chemicals, objects or other tools used to produce drugs.
24 June 2014, the Head of NCPO has used the power under section 44 to issue NCPO Order 33/2016 which concerns the transfer of 23 public servants to work in other offices. There had been complaints that they had been involved in corruption or misconduct or that they had been neglectful and allowed corruption or misconduct to have taken place. They are not dismissed from their office but only transferred to work in other office temporarily.
5 July 2016, the Head of NCPO has exercised the power under section 44 to issue four orders which are as following.
NCPO Order 34/2016 concerns the appointment and transfer of public servants of Ministry of Justice and Office of Narcotics Control Board namely:
- Narong Rattannukul shall be dismissed from secretariat position in the Office of Narcotics Control Board. He is now appointed as a Special Inspector General of Office of Prime Minister.
- Sirinya Sitthichai shall be dismissed from vice secretariat position in the Office of Narcotics Control Board. She is now appointed a secretary of Office of Narcotics Control Board
- Pasith Aussawawattanaporn shall be dismissed from a director position in the Office of Justice Administration. He is now appointed as a legal advisor in the Office of Permanent Secretary of Justice, Ministry of Justice.
- Wanlop Nakbua shall be dismissed from vice director position in the Office of Justice Administration. He is now appointed as a director in the Office of Justice Administration.
NCPO Order No. 35/2016 concerns measures for the possession and use of land in Putubberg forest, Wangban sub district and Baannern sub district, Lomkao district. This is due to the fact that the land had been trespassed and possessed in violation of forestry law. The land was used to build hotels and resorts. Therefore, the NCPO Order indicates that the owners or possessors of buildings shall move out from the area within a given time. They also need to remove, destroy or conduct other acts in order that Putubberg will return to its original condition or as close to the original as possible. They shall be responsible for compensation or cost of removal.
NCPO Order 36/2016 has established measures to solve problems of illegal possession of land in the area of agriculture development reformation land. The Order has listed out names of people to report themselves to the authority or submit documents regarding the possession and use of the land. The Order has also stated that the land that had not been used according to agriculture land reformation plan shall be seized
Once the authority has occupied the land, the Office of Land Reformation for Agriculture shall allocate land to farmers in these categories:
1) Farmers that the Government has provided the community with land to utilize;
2) Farmers possessing land who have been chosen under regulations of Agriculture Land Reforming Committee.
NCPO Order 37/2016 concerns relevant expenses necessary to support and promote public health services and expenses according to the law on National Health Security. Under this Order, service networks, client referring units, community organizations, NGOs, Local Administration Organizations, and governmental offices assigned to work with similar authority of National Health Security Office according to the law on National Health Security, are entitled to receive relevant expenses necessary to support and promote public health service and other expenses from the National Health Security Fund.
13 July 2016, the Head of NCPO has exercised the power under section 44 to issue three NCPO Orders.
NCPO Order 38/2016 has amended NCPO Order 10/2016 (the campaign of education reform of ministry of education in the region) and 11/2016 (administration of ministry of education in the region). The Provincial Education Committee shall propose to the Committee on the campaign of education reform of ministry of education in the region in order that the provincial subcommittee on education will be established. The subcommittee will assist or filter the work on admitting, appointing, transferring, conducting disciplinary action, setting up academic standing or any benefits for teachers and personnel of the government in the province to the Provincial Education Committee.
Furthermore, the number of vice regional education and vice provincial education has been reduced to one position each instead of unlimited number.
NCPO Order No. 39/2016 concerns the regulation on good governance problems in higher education. The Order states that in case the process of acquiring head of higher education council, committee members of the council or dean, causes conflicts and violates morality, the Minister of Education has the power to restrain the appointment or selection process of such positions.
The higher education committee shall report to the Minister of Education in case they find out that any council of higher education institutes or education institutes 1) provides education that does not meet a standard of higher education 2) intentionally avoids or delays compliance with laws, regulations and rules of higher education or order of the Minister of Education. 3) the head of higher education institute council, committee of higher education institute council, or executives of higher education institute, potentially have corruption behavior 4) causes conflicts within higher education institutes and the higher education institute council or the institute cannot solve such conflict. The Minister of Education with advice from higher education committee, has power to order the council or institute to restrain in accepting students, close the programme, stop the curriculum or any other actions.
NCPO Order No. 40/2016 has annulled NCPO Order 48/2014 dated 29 May 2015 concerning the selection of replacements for available positions. NCPO Order 40/2016 states that the selection of Constitution Court Justice, Electoral Committee, Ombudsman, National Anti-Corruption Committee and National Human Rights Committee shall be halted until the new Constitution of Thailand has entered into force or there has been a new order stating otherwise.
14 July 2016, the Royal Thai Gazette website has published NCPO Order 41/2016 concerning the monitoring of dissemination of information to the public. As the National Broadcasting and Telecommunications Commission (NBTC) had controlled and prohibited the broadcast of information or programmes with content to overthrow the democratic system with the King as head of state or content affecting national security, peacefulness and morale, the NBTC is protected from civil, criminal and disciplinary accountability. However, the damaged parties may file a complaint and claim for compensation from the governmental office under the Accountability for Infringement of Officials Act.
21 July 2016, the Head of NCPO has exercised his power under section 44 to issue two orders.
NCPO Order 42/2016 concerns the project for the blue line for the sky train. The Order dissolves the selection committee for the blue line sky train project (the extension between Hualumpong – Bangkae and between Bangsue – Thapra). The Order also states that the Mass Rapid Transit Authority of Thailand (MRTA), instead of the selection committee, shall establish rules and finalize them within 30 days since the day that this Order has entered into force. The MRTA shall present them to the Minister of Transportation to consider. The Minister shall finalize the rules within 15 days after he has received them.
The selection committee and monitoring committee, then, shall have a meeting together and finalize the rules within 30 days. They will negotiate with the concessionaire of sky train (Chalermrachamongkol line) to execute the extension parts in order that they would work continuously as one network. The negotiation and finalization of the contract shall be finished in 30 days.
NCPO Order No. 43/2016 concerns the fourth list of government officials who are being scrutinized. The list is comprised of four categories of 60 people: 1. Executives of education institutes 2. Civil servants — both categories shall temporarily discontinue to perform their duties. For category 3, which are executives of local administration organizations, shall temporarily discontinue to perform their duties without compensation. For category 4, which are civil servants of local administration organizations, shall be transferred to work in other local administration organization that they did not previously work for.
In addition, the Order states that the original affiliation organizations shall immediately establish committee to scrutinize or investigate officials for disciplinary action. In case where the committee does not find an official guilty, or finds that his/her action was not corrupt, he/she should return to the original position and the original affiliation organization shall report to the Prime Minister to consider further change to its order.
26 July 2016, the Head of NCPO issued Order No. 44/2016 on the fifth list of government officials who are being scrutinized. As the referendum is on 7 August 2016, the authority has found that executives and government officials of some local administration organization may have violated referendum law. Therefore, in order to prevent unrest, Mr. Boonlert Buranupakorn, Chief Executive of Provincial Adminitrative Organization of Chiangmai shall temporarily discontinue to perform duties without receiving compensation. The legal prosecution or scrutiny shall be conducted immediately. The finding shall be reported to the Prime Minister.
31 July 2016, the Head of NCPO has exercised his power under section 44 to issue two orders.
NCPO Order 45/2016 concerns an extension of the timeframe to submit income tax of legal person according to State Revenue Code so it is fair for investors. The timeframe has been extended to 15 August 2016. As a result, companies and legal persons do not have to pay fines. The timeframe to request for a return fine shall also be extended to 15 August 2016.
NCPO Order No 46/2016 has amended Order No. 2015. The Order states that if any entertainment places, by consent or negligence, allows human trafficking or gambling at their place, the authority may revoke their licence or order them to shut down their place for five years. If that place is in the progress of extending their licence, their licence will not be extended. Furthermore, a licence will not be given to them for a duration of five years.
The Order also adds section 6/6 which states that whoever opens an entertainment place within five years since the order to revoke their licence or order to shut down their place and whoever opens an entertainment place to sell alcohol with a location that is close to schools, universities or dormitories, shall be imprisoned not more than one year, or fined not more than 20,000 baht or both.
18 August 2016, the Head of NCPO issued two orders.
NCPO Order No. 47/2016 concerns actions following NCPO Order 33/2016 dated 24 June 2016 which transferred civil servants to work in other organization. The transfer of Samutprakan Governor, prosecutors, and police in the area of Samutsakon Province resulted from criticism of human trafficking. If the finding shows that they are not guilty or disciplinary action was not necessary, supervisors of the persons being investigated shall report it to the National Anti-Corruption Center. The investigation is yet to be finalized. The Center shall set up a committee with 3-5 people to compare the finding of supervisors and report of evidence. The committee is authorized to ask people to come and give statements. However, the committee shall finish the process within 30 days after it is established.
NCPO Order No. 48/2016 concerns an improvement of human resource management in some government offices. The Order states that Mr. Chula Sukmanob, Director-General of Department of Civil Aviation, Ministry of Transportation shall be dismissed from his position. He shall take a director position in the Civil Aviation Authority of Thailand according to Civil Aviation of Thailand Decree 2015 from 1 October 2016 which is on the same day that the former Director of Civil Aviation Authority of Thailand resigns due to health reason.
22 August 2016, Head of the NCPO has issued NCPO Order No. 49/2016 on measures of patronizing and protecting religions in Thailand. The Order states that the patronization and protection of all religions are duties of all government offices. The offices shall support and disseminate correct teaching of each religion. They also have to set up measures to encourage understanding between all religious followers and measures to prevent sabotage of Buddhism and other religions. The government offices shall additionally provide information to foreigners on what to do and not do in each religion. The measures shall be presented to the Cabinet in three months. The National Office of Buddhism and Department of Religious Affairs shall report the updates on implementation of this order to the Prime Minister every three month.
25 August 2016, the Head of NCPO issued Order No. 50/2016 on the sixth list of government officials who are being scrutinized. The Order states that Momratchwong Sukhumbhand Paribatra, Governor of Bangkok and Mr. Premsak Piayura, Mayor of Muangbaanpai, Baanpai District, Khonkean Province shall halt their duties. However, they are not yet dismissed from their position until there is an order stating otherwise. In the meantime, they do not receive any salary.
NCPO Order 51/2016 concerns the process to be followed for objects kept in tax free areas and free trade areas and military objects used for disaster relief. The Order provides its justifications that there have been many cars and other objects kept in tax free areas and free trade areas for several years. Anyone who imports new cars according to tariff type 8702 and 8703 and keeps them in a tax free area or free trade area for not less than two years or not less than two years all together, shall use the car or sell it while paying correct tax or shall export it from the country within 90 days. New cars can be kept but not for more than two years.
Moreover, 176 fire trucks, rescue cars, light providing cars and trucks imported through Leamchabang Pier on 27 January 2006 and 139 cars/trucks on 6 February 2007 shall be considered military objects that the importers have taken in the country for disaster relief purposes according to the law on the control of military objects. They shall be exempted from paying tariff.
2 September 2016, the Head of NCPO has exercised power under section 44 to issue Order No. 52/2016 on the seventh list of government officials who are being scrutinized. 21 officials including civil servants, police officials and local administration official are on the list. The Anti-Corruption Center has to inform reasons to scrutinize those officials to their office so that their supervisor can appoint fact finding committees which need to present the finding within 30 days. If the officials are not found guilty, the committee has to inform the Center. The Head of the Center shall set up a group of three to five persons, who may or may not be civil servants and who have no interest or relations with the accused officials and have not investigated this issue. The group shall inspect and compare the previous finding within 30 days. If they do not find any fault, the accused officials shall be compensated and posted to work in different positions with the same rank but outside the previous area.
9 September 2016, Head of NCPO has exercised the power under section 44 and issued two orders.
NCPO Order No. 53/2016 concerns third additional measures on illegal fishing, lack of reporting and lack of monitoring. The Order states that any person who owns or possesses a commercial boat without a license or with a license but does not have fishing license, must inform where they park their boats in writing to the Director of Regional Harbor Office of the area within 15 days. The Department of Harbor has authority to declare that they do not temporarily register boats. The Department may prohibit the owners or possessors of commercial boats from transferring staff on the boat while they are at sea fishing unless it is for safety or if there is a conflict. If the owners or possessors violate the order, they will be fined between 400,000-800,000 baht for one person and one boat. The Director General of Department of Fishery or Department of Harbor may consider fines for the offences under NCPO Order 10, 24 and 42/2015.
NCPO Order No.54/2016 relates to appointments of honorable committee members in the education council, the Royal Police Cadet Academy, and human resource management of police institute. The Order states that since the committee members’ four-year-term is coming to an end, in order to improve the management of Cadet Academy and to have a smooth transition, these important orders are issued 1. Announcement of the Office of the Prime Minister on the appointment of the head and honorable committee members of education council of the Police Cadet Academy dated 8 November 2012 and other relevant announcements. People holding those positions before this NCPO Order entering into force shall be removed from their positions.
2. The new committee shall be comprised with committee by positions according to section 10 (2)(3) and (5) of the Police Cadet Academy Act 2008. The lists of newly appointed head and honorable committee members of education council which does not to follow procedure under section 10 and 11 of the same Act are Supachai Yawaprapas, being the head of education council. These following nine people shall be honorable committee members of education council – Phathaichit Eakjariyakorn, Jakrathit Thanakom, Montien Jareonphol, Pol.Lte.Col. Kasemsan Chotechakornpan, Pol.Capt. Sutham Cheuprakobkij, Pol.Col. Narat Sawetnun, Pol.Lte.Gen. Umporn Jarujinda , Col. Settapong Malisuwan and Kamon Rodklai.
12 September 2016, the Head of NCPO has issued NCPO Order No. 55/2016 which concerns some cases under jurisdiction of military courts. The Order revokes jurisdiction of military court over civilians according to NCPO Order 37/2014, 38/2014 and 50/2014. NCPO Order 55/2016 covers any crimes which takes place after the entry into force of this order and the Court of Justice shall have a jurisdiction over those crimes. Examples of crimes in those orders are offences against monarchy (Section 107-112), offences against internal security (section 113-118) and offences concerning weapons such as guns, bullets or explosive objects which are used only in war and the registrar may not issue a license.
With regards to cases that have already been in military court, whether or not the offences took place before this NCPO Order and offences under Military Statue law shall remain under military court jurisdiction. Moreover, the officials under NCPO Order 3/2015 and 13/2016 shall continue to have power to arrest, search and detain a person.
14 September 2016, the Head of NCPO has issued NCPO Order No. 56/2016 on the protection of agriculture products under care of the government and on legal action against corrupt individuals. The Order states that government officials managing cassava or corn products and the Legal Execution Department shall have power to exercise administrative execution measures against corrupt individuals under the Government’s Rice Scheme Project since the production year of 2005/2006 until 2013/2014, Cassava Intervention Project, since the production year of 2008/2009 until 2012/2013 or Animal-Feeding-Corn Intervention Project of 2008/2009 that Administrative Courts had already delivered judgement.
15 September 2016, Head of NCPO has issued NCPO Order No. 57/2016 on the improvement on management of Southern Border Provinces (SBP). According to the Order, the Prime Minister has power to appoint honorable persons with experience in solving problems in the SBP, as a special representative of the Government. The representative has a duty to coordinate the Cabinet, central government and local offices. He/she shall be a committee member of Steering Committee to Resolve Problems in SBP. The Committee has duties to provide suggestions but not to make final decision. The Committee shall receive the same remuneration and privilege as representatives of Thai trade and committee of deputy minister.
NCPO Order No. 58/2016 concerns public health service for disabled people. According to National Health Security Act and Social Security Act, disabled people are insured under the Social Security Act. They shall have the right to receive public health services with standard and efficiency indicated in National Health Security Act. The expense paid for disabled people shall be from Social Security Fund. It shall not be paid from funds under section 21 of the Social Security Act.
27 September 2016, the Head of NCPO has issued NCPO No. 59/2016 on the eighth list of government officials who are being scrutinized and the improvement of human resource management in some government units. According to this Order, 72 police officials and staff of local administrative organization are suspended from their job. Most of them are staff from local administrative organization of Mahasarakam Province. This Order has also appointed Major General Sansern Kaewkamnerd, expert of the army and spokesperson of the Office of Prime Minister to temporarily act as a director-general of Department of Public Relation and Office of the Permanent Secretary of Prime Minister Office.
28 September 2016, the Head of NCPO has issued NCPO Order No. 60/2016 on preventive measures to bring wild elephants to subrogate as domestic elephants. The objective is to protect Thailand’s import and export of wild animals and wildlife from being suppressed under the list of the Convention of International Trade in Endangered Species of Wild Fauna and Flora or CITES. The Head of NCPO has ordered that domestic elephants, both registered or unregistered, to have their blood collected for DNA. The objective of this process is for an issuance of certificate and ID for elephants. The blood collection shall be finished in 180 days and the Administrative Department shall record descriptions of elephants in 360 days. If the owners of elephants do not comply with the timeframe, such elephants shall be considered property of the State. Moreover, relevant ministries shall draft a law to establish measures to protect elephants within 90 days.
6 October 2016, the Head of NCPO has issued NCPO Order No. 61/2016 on the resolution on problems caused by the shortage of aviation personnel. The Order indicates that contracts for pilots, pilot teachers, and air traffic controllers shall be in accordance with criteria, methods, and conditions set up by each state enterprise. The contracts should be comprised of job descriptions and remuneration or benefits of staff which will be enforced between 1 October 2016 to 30 September 2019. After that period, qualification and incompatibility shall be according to that state enterprise and the law on standard qualification for committee members and staff of state enterprise.
On the same day, the Head of the NCPO has also issued NCPO Order 62/2016 on the reform of country’s research and innovation. The National Council on Research and Innovation is established and the Prime Minister shall be the president of the Council. The Council has duties to establish direction and policy of relevant government offices working in research and innovation system of the country to be in the same manner. The Council plans the roadmap, policy and strategy of the system. Furthermore, under this Order, the Head of NCPO has dissolved National Research Council of Thailand, executive committee, academic committee, national committee on science policy, technology and innovation and national committee of improvement of innovation system. Their power and duties shall be transferred to the National Council on Research and Innovation.
