Constitution

Thailand 2007 Constitution

Table of Contents

CHAPTER XIV. LOCAL GOVERNMENT

Section 281

Subject to Section 1, the State shall give autonomy to localities in accordance with the principle of self-government according to the will of the people in the locality and encourage local governments to serve as the main working units in providing public services and participating in local problem resolutions.

Any locality with attributes that meet the conditions of self-government has the right to be established as a local government organization as provided by the law.

Section 282

The supervision of a local government organization must be exercised in so far as it is necessary, and must have clear rules, procedure, and conditions which are consistent with and suitable for the structure of a local government, and must be for protecting local interests or the interests of the country as a whole, provided that it must not affect the substantive principle of self-government according to the will of the people in the locality, nor go beyond the provisions of law.

For the supervision under paragraph one, there shall be a central standard as a guideline for local governments to choose for their own practice, in which the suitability and differences in development and management capability of each local government structure shall be taken into consideration, and which does not affect the ability of decision-making according to the needs of the local government. Mechanisms to check the performance of duties should be established with the people as its principle.

Section 283

A local government shall have powers and duties to maintain and provide public services for the benefits of the local people. All local government organizations shall have autonomy in laying down policies for their governance, administration, provision of public services, personnel administration, money and finance; and shall have specific powers and duties in conformity with the development of provinces and the country as a whole.

Local government organizations shall receive support and encouragement to promote their strength in independent administration and effectively respond to the needs of people in the locality. A local financial system shall be developed to facilitate the provision of full range of public services. For cost effectiveness and efficiency of service, there shall be an effort or joint effort to establish bodies in charge of providing public services.

There shall be laws governing the steps and procedures for decentralization to delineate the powers and duties and income distribution between the State and provincial governments and the local government organization; and among the local government organizations themselves, which must take into account the increase of power decentralization in accordance with capability of each local government organization structure. There shall also be a monitoring and evaluating system carried out under the provisions of law by a committee which shall consist of representatives of relevant government agencies, representatives of local government organizations, and persons with qualifications as stipulated by law, in equal numbers.

There shall be laws on local income to regulate powers and duties in collecting taxes and duties and other income of local government organizations, which have appropriate rules for different types of taxes and duties, government resource management, balanced income and expenses under the powers and duties of local government organizations. For this purpose, levels of local economic development, financial status of the local government organization, and the government’s financial stability shall be taken into account.

In the case where there has already been a delineation of powers and duties and income distribution to local government organizations, the committee under paragraph three must regularly review the case on a period of not more than five years, to consider the appropriation of the designation of powers and duties, and past income distributions. The increase of power decentralization to local government organizations must be taken into account with high importance.

The proceeding under paragraph five shall take effect after the permission of the council of ministers and the report sent to the National Assembly.

Section 284

A local government organization shall have a local assembly and local administrative committee or local administrators.

Members of a local assembly shall be elected.

A local administrative committee or local administrators shall be directly elected by the people or approved by the local assembly.

An election of members of a local assembly and local administrative committee or local administrators who must be directly elected by the people shall be made by direct suffrage and secret ballot.

Members of a local assembly, local administrative committee, or local administrators shall hold office for a period of four years.

A member of a local administrative committee or a local administrator shall not be a government official holding a permanent position or receiving a salary, or an official or employee of a State agency, State enterprise, or local government organization, and shall not have a conflict of interests in holding a position under the provisions of the law.

The qualifications of a person having the right to vote and a person having the right to apply for candidacy in an election of members of a local assembly, members of a local administrative committee, and local administrators, and the rules and procedures shall be in accordance with the provisions of the law.

In the case where there is a dissolution of a local assembly or local administrators have vacated the office and a local administrative committee or local administrators must be temporarily appointed, the provisions of paragraph three and paragraph six shall not apply, as provided by the law.

A special form of a local government organization with different administrative structure from the provisions of this Section can be established in accordance with the provisions of the law, but the local assembly or local administrators must be elected.

Section 265, Section 266, Section 267 and Section 268 shall apply to members of a local assembly, local administrative committee, or local administrators as the case may be mutatis mutandis.

Section 285

If eligible voters in a local government organization consider that a member of the local assembly or local administrator of that local government organization should not resume office, they shall have the right to vote for the removal of such person from office. The number of eligible petitioners, rules and procedures for petition, scrutiny, and voting shall be in accordance with the provisions of the law.

Section 286

Eligible voters in a local government organization shall have the right to lodge with the president of the local assembly a request for consideration in issuing local ordinances.

The number of eligible petitioners, rules and procedures for petition and scrutiny shall be in accordance with the provisions of the law.

Section 287

People living in the locality have the right to participate in the administration of local government organizations. The local government organizations shall arrange for public participation.

In the case where action of the local government organization will substantially affect the life and living conditions of the people in the locality, the local government organization must provide information in details to the people before taking any action for a suitable period of time. In the case deemed reasonable or requested by eligible voters in the locality, public hearings must be held prior to that action, or the people shall be allowed to have their say in a referendum under the provisions of the law.

Local government organizations shall prepare performance reports on their budgets, expenditure and year-round performance for public disclosure so that the people can get involved in the examination and supervision of the management of local government organizations.

For the budget preparation of a local government organization under paragraph three, the provisions of Section 168, paragraph six, shall apply mutatis mutandis.

Section 288

The appointment and removal of government officials and employees of a local government organization shall be in accordance with the need of and suitability for each locality. Personnel administration in local government organizations must have a consistent standard, and may enjoy cooperative development or personnel exchanges between local government organizations. Prior approval shall be obtained from the local government official committee, which is a central body for local personnel management as provided by the law.

In personnel administration of the local government organization, there shall be an organization to uphold a system of good governance among the local government officials, to establish a system to protect governance and ethics in personnel management as provided by the law.

The local government official committee under paragraph one shall consist of an equal number of representatives of relevant government agencies, representatives of local government organizations, and persons with qualifications as stipulated by law, as provided by the law.

The transfer, promotion, salary increase, and punishment of the officials and employees of a local government organization shall be in accordance with the provisions of the law.

Section 289

A local government organization has the duty to conserve the local arts, customs, knowledge and good culture.

A local government organization has the right to provide education and professional training in accordance with the suitability to and the needs of that locality and participate in the provision of education and training by the State with regard to the national education standards and system.

In providing education and training in the locality under paragraph two, the local government organization shall also have regard to the conservation of the arts, customs, knowledge, and good culture.

Section 290

For the purpose of promoting and maintaining the quality of the environment, a local government organization has powers and duties as provided by the law.

The law under paragraph one shall at least contain the following elements as its substance:

  1. Management, preservation, and exploitation of natural resources and environment in the area of the locality;
  2. Participation in the preservation of natural resources and environment outside the area of the locality only in the case where the living of the inhabitants in the area may be affected;
  3. Participation in considering an initiation of any project or activity outside the area of the locality which may affect the quality of the environment, health, or sanitary conditions of the inhabitant in the area.
  4. Participation of the people in the locality.
Get more fascinating contents like this on Facebook.