Section 282. Subject to section 1, the State shall give autonomy to the locality in accordance with the principle of self-government according to the will of the people in the locality.
Section 283.
Any locality which meets the conditions of self- government
shall have the right to be formed as a local government organisation as provided
by law.
The supervision of a local government organisation
must be exercised in so far as it is necessary as provided by law but must be
for protecting local interests or the interests of the country as a whole; provided,
however, that it shall not substantially affect the principle of self-government
according to the will of the people in the locality otherwise than as provided
by law.
Section 284.
All local government organisations shall enjoy autonomy in
laying down policies for their governance, administration, personnel administration,
finance and shall have powers and duties particularly on their own part.
The delineation of powers and duties between the
State and a local government organisation and among local government organisations
themselves shall be in accordance with the provisions of the law, having particular
regard to the promotion of decentralisation.
For the purpose of the continual development of
decentralisation to a higher level, there shall be the law determining plans
and process of decentralisation, the substance of which shall at least provide
for the following matters.
(1) the delineation of powers and duties in the
management of public services between the State and a local government organisation
and among local government organisations themselves;
(2) the allocation of taxes and duties between
the State and a local government organisation, having regard to burdens of the
State vis-?-vis the local government organisation and those among local government
organisations themselves;
(3) the setting up of a committee to perform the
duties in (1) and (2) consisting, in an equal number, of representatives of
relevant Government agencies, representatives of local government organisation
and qualified persons possessing the qualifications as provided by law.
In the case where the delineation of powers and
duties and the allocation of taxes and duties under (1) and (2) have been made
for any local government organisation, the committee under (3) shall review
them every five years as from the date of the delineation of powers and duties
or the date of the allocation of taxes and duties, as the case may be, in order
to consider the suitability of the delineation of powers and duties and the
allocation of taxes and duties previously made, having particular regard to
the promotion of decentralisation.
The proceeding under paragraph four shall be effective
when the approval of the Council of Ministers has been obtained and the National
Assembly has been notified thereof.
Section 285.
A local government organisation 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 shall be from the approval of a 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 the period of four years.
A member of a local administrative committee or
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 organisation.
The qualifications of the person having the right
to vote and the 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 rules and procedure therefor shall be in accordance
with the provisions of the law.
In the case where there is a dissolution of a
local assembly or where members of a local assembly have vacated office en masse
under section 286 and a local administrative committee or local administrators
must be temporarily appointed, the provisions of paragraph two, paragraph three
and paragraph six shall not apply, as provided by law.
Section 286.
If persons, having the right to vote in an election in any
local government organisation, of not less than three-fourths of the number
of the voters who are present to cast ballot consider that any member of the
local assembly or any administrator of that local government organisation is
not suitable to remain in office, such member or administrator shall vacate
the office, as provided by law.
The voting under paragraph one shall be made by
not less than one-half of the total number of the persons having the right to
vote.
Section 287.
Persons, having the right to vote in any local government
organisation, of not less than one-half of the total number of the persons having
the right to vote in that local government organisation shall have the right
to lodge with the President of the local assembly a request for the issuance
by the local assembly of local ordinances.
The request under paragraph one shall be accompanied
by the draft local ordinances.
The rules and procedure for the lodge of request
and the examination thereof shall be as provided by law.
Section 288.
The appointment and removal of officials and employees of
a local government organisation shall be in accordance with the need of and
suitability to each locality and shall obtain prior approval from the Local
Officials Committee, as provided by law.
The Local Officials Committee under paragraph one shall
consist, in an equal number, of representatives of relevant Government agencies,
representatives of local government organisations and qualified persons possessing
the qualifications as provided by law.
The transfer, promotion, increase of salaries
and the punishment of the officials and employees of a local government organisation
shall be in accordance with the provisions of the law.
Section 289.
A local government organisation has the duty to conserve
local arts, custom, knowledge or good culture.
A local government organisation has the right
to provide education and professional training in accordance with the suitability
to and the need of that locality and participate in the provision of education
and training by the State; provided that it shall not be contrary to section
43 and section 81, as provided by law.
In providing education and training in the locality
under paragraph two, the local government organisation shall also have regard
to the conservation of local arts, custom, knowledge and good culture.
Section 290. For
the purpose of promoting and maintaining the quality of the
environment, a local government organisation has powers and duties as provided
by law.
The law under paragraph one shall at least contain
the following matters as its substance:
(1) the management, preservation and exploitation
of the natural resources and environment in the area of the locality;
(2) the 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) the participation in considering the 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.
CHAPTER I - General Provisions 1-7
CHAPTER II - Amendment of the Constitution 8-25
CHAPTER III - Rights and Liberties of the Thai People 26-65
CHAPTER IV - Duties of the Thai People 66-70
CHAPTER V - Directive Principles of Fundamental State Policies 71-89
CHAPTER VI - The National Assembly
Part 1 General Provisions 90-97
Part 2 The House of Representatives 98-120
Part 3 The Senate 121-135
Part 4 Election Commission 136-148
Part 5 Provisions Applicable to both Houses 149-192
Part 6 Joint Sittings of the National Assembly 193-195
Part 7 Ombudsmen 196-198
Part 8 The National Human Rights Commission 199-200
CHAPTER VII - The Council of Ministers 201-212
CHAPTER VIII The Courts
Part 1 General Provisions 233-254
Part 2 Constitutional Court 255-270
Part 3 Courts of Justice 271-275
Part 4 Administrative Courts 276-280
Part 5 Military Courts 281
CHAPTER IX Local Government 282-290
CHAPTER X Inspection of the Exercise of State Power
Part 1 Declaration of Accounts Showing Particulars of Assets and Liabilities 291-296
Part 2 The National Counter Corruption Commission 297-302
Part 3 The Removal from Office 303-307
Part 4 Criminal Proceedings Against Persons Holding Political Positions 308-311
CHAPTER XII Amendment of the Constitution Transitory Provisions 313