13 January 2010

Civil Service Act,
B.E. 2551 (2008)
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BHUMIBOL ADULYADEJ, REX;
Given on the 23rd Day of January B.E. 2551(2008);
Being the 63rd Year of the Present Reign.

Authorized Official Translation

His Majesty King Bhumibol Adulyadej is graciously pleased to proclaim that:

Whereas it is expedient to revise the law on civil service;

Whereas it is aware that this Act contains certain provisions in relation to the restriction of rights and liberties of persons, in respect of which section 29, in conjunction with section 31, section 33, section 43 and section 64 of the Constitution of the Kingdom of Thailand so permit by virtue of law;

Be it, therefore, enacted by the King, by and with the advice and consent of the National Legislative Assembly, as follows.

Section 1. This Act is called the “Civil Service Act, B.E. 2551 (2008)”.

Section 2. This Act shall come into force as from the day following the date of its publication in the Government Gazette.

Section 3. The following shall be repealed:
(1) Civil Service Act B.E. 2535 (1992);
(2) Civil Service Act (No. 2) B.E. 2537 (1994);
(3) Civil Service Act (No. 3) B.E. 2538 (1995);
(4) Civil Service Act (No. 4) B.E. 2544 (2001).

The Order of the Head of the Revolutionary Party No. 38/2519, dated 21st October B.E. 2519 (1976) shall not apply to civil officials.

Section 4. In this Act:
“civil official” means a person instated and appointed to government service under this Act and draws salaries from budgetary appropriations to civil ministries and departments;

“government official” means civil official and other official in a civil ministries and departments under the law on administration of such type of official;

“Ministry” includes the Office of the Prime Minister and subministries;

“Minister in Charge” means a minister in charge of a ministry, minister in charge of a sub-ministry and includes the Prime Minister in the capacity of person in charge of the Office of the Prime Minister and the Prime Minister or Minister in the capacity of the person in charge of a departmental level government agency not attached to any ministry;

“Permanent Secretary” includes the Permanent Secretary of the Office of the Prime Minister and Permanent Secretary of a sub-ministry “department” includes a government agency having the status of a department;

“Director-General” means head of a government agency having the status of a department or equivalent to a department;

“government agency” means government agencies under the law on reorganization of ministries, sub-ministries, departments and government agencies established under the law on national administration having a status not lower than a department.

Section 5. The Prime Minister shall have charge and control of the execution of this Act.

TITLE I
CIVIL SERVICE COMMISSION
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Section 6. There shall be a Civil Service Commission, abbreviated as “CSC”, comprising the Prime Minister or Deputy Prime Minister designated by the Prime Minister as Chairman, Permanent Secretary of the Ministry of Finance, Director of the Budget Bureau and Secretary-

General of the Office of the National Economic and Social Development Board as ex officio commissioners, and no fewer than five but not more than seven commissioners appointed by the King from persons qualified in human resource management, administration and management and law whose works are renowned in the relevant fields and being persons recruited under the rules,

procedures and conditions prescribed by CSC Regulation, and the Secretary- General of the Civil Service Commission shall be a commissioner and secretary.

A commissioner appointed by the King shall not be a holder of a political position, executive committee member or holder of a position responsible for the administration of a political party or an official of a political party, and not already being an ex officio commissioner.

Section 7. A commissioner appointed by the King shall hold office for a term of three years. If the office of a commissioner becomes vacant prior to the expiration of term and there are no fewer than three commissioners remaining, the remaining commissioners shall continue to serve in office.

When the office of a commissioner becomes vacant prior to the expiration of term, the appointment of a replacing commissioner shall be carried out within thirty days, except where the term of remaining commissioners is less than one hundred and eighty days in which case the appointment of a replacing commissioner is not required. The person
appointed as a replacing commissioner shall be in office only for the remaining term of the replaced commissioner.

A commissioner vacating office may be re-appointed by the King.

In the case where commissioners vacates office upon the expiration of term but new commissioners have not yet been appointed by the King, such commissioners shall continue to serve in office until new commissioners are appointed by the King.

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