Upon the occurrence of an event under paragraph one, the
remaining MSPC commissioners shall continue to perform duties and the
MSPC shall be deemed as comprising the remaining MSPC commissioners,
except where there are less than five MSPC commissioners remaining.
Upon the occurrence of an event under paragraph one or in the
case of MSPC commissioners retiring at the expiration of term, the MSPC
Selection Committee shall carry out the selection of MSPC commissioners to
replace the retiring MSPC commissioners expeditiously.
Section 31. The MSPC shall have the following powers and
(1) to submit proposals to the CSC or other central personnel
administration agencies in order for the CSC or other central personnel
administration agency to undertake the provision of or to revise human
resource management policies pertaining to the preservation of merit system;
(2) to consider appeals under section 114;
(3) to consider complaints under section 123;
(4) to consider matters on the preservation of merit system under
(5) to issue MSPC Regulations, rules, regulations and procedures
for the performance of functions under this Act; a MSPC Regulation shall
come into force upon its publication in the Government Gazette;
(6) to appoint persons having the qualifications and not being
under a prohibition prescribed by the MSPC to become members of an appeals
commission or members of a complaints commission.
Section 32. MSPC commissioners, appeals commissioners and
complaints commissioners shall receive position allowances and other benefits
as prescribed by Royal Decree and shall have the right to receive the same travel allowances under the Royal Decree on allowances for official travel as
higher-level executive position holders.
Section 33. Meetings of the MSPC commission, appeals
commission and complaints commission shall be as prescribed by MSPC
Section 34. The organization of civil officials shall be
undertaken with a view to the result-based outcome, efficiency and good value
in the discharge of State functions, and to make officials perform their duties
with quality and virtuously and have a good quality of life.
Section 35. There shall be 2 categories of civil officials, being:
(1) civil servants, namely civil officials who are in the
government service by instatement and appointment under the provisions in
TITLE IV CIVIL SERVANTS;
(2) royal household civil officials, namely civil officials who are
in the government service by instatement and appointment to royal household
posts as prescribed by Royal Decree.
Section 36. A person entering the civil service must have general
qualifications and not be under a prohibition, as follows:
A. General Qualifications:
(1) being of Thai nationality;
(2) being at least 18 years of age;
(3) being a person with pure faith in the democratic form of
government with the King as Head of State;
(1) being a holder of a political position;
(2) being an incompetent person, quasi-incompetent person,
insane or mentally disabled person, or suffering from a disease prescribed by
(3) being a person suspended from government service or
temporarily discharged from government service under this Act or other laws;
(4) being morally defective to the extent of being socially
(5) being a committee member or holder of an executive position
in a political party or an officer of a political party;
(6) being adjudged bankrupt;
(7) having been imprisoned by final sentence of imprisonment for
a criminal offence, with the exception of sentences for offences committed
negligently or minor offences;
(8) having been punished by discharge, dismissal or expulsion
from a State enterprise or other State agencies;
(9) having been punished by discharge or dismissal for breach of
discipline under this Act or other laws;
(10) having been punished by expulsion for a breach of discipline
under this Act or other laws;
(11) having cheated in an entrance examination for the
government service or for entry to work in other State agencies.
The CSC may consider a waiver and allow entry into the
government service for persons entering the civil service who are under the
prohibitions in B. (4), (6), (7), (8), (9), (10) or (11), provided that in the case of
the prohibition under (8) or (9), such person must have already retired from
work or retired from government service for more than two years, and in the
case of the prohibition under (10), such person must have already retired from
work or retired from government service for more than three years, and in no
event shall the retirement from work or retirement from government service be
on account of malfeasance in office. A resolution of the CSC on such waiver
shall receive the votes of not less than four-fifths of the number of
commissioners present at the meeting. Votes shall be cast by secret ballot.
An application for waiver under paragraph two shall be as
prescribed by CSC Regulation.
In the case of paragraph two, the CSC may grant an individual
waiver or may issue a notification granting a general waiver.
Section 37. Payment of salaries and position allowances to civil
officials shall be as prescribed by CSC Regulation approved by the Ministry of
Section 38. Civil officials may receive supplemental allowances
for foreign posts, posts in certain areas, positions in certain class series or
positions entailing special grounds as prescribed by CSC Rule approved by the
Ministry of Finance.
Civil officials may receive temporary subsistence allowances
pursuant to economic conditions under the rules and procedures prescribed by
the Council of Ministers.
When submitting a proposal to the Council of Ministers for
action under paragraph two, the CSC shall also make a concurrent submission
of proposals for other categories of officials.
Section 39. Working hours, traditional public holidays, annual
public holidays and official leaves for civil officials shall be as prescribed by
the Council of Ministers.