7 March 2011

(Unofficial translation)

ACT ON ESTABLISHMENT OF ADMINISTRATIVE COURTS AND
ADMINISTRATIVE COURT PROCEDURE,
B.E. 2542 (1999)

BHUMIBOL ADULYADEJ, REX.
Given on the10th Day of October B.E. 2542;
Being the 54th Year of the Present Reign.

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

Whereas it is expedient to have a law establishing administrative courts and administrative court procedure;

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

Section 1. This Act is called the "Act on Establishment of Administrative Courts and Administrative Court Procedure, B.E. 2542".

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

Section 3. In this Act:
“administrative agency” means a Ministry, Sub-Ministry, Department, Government agency called by other name and ascribed the status as a Department, provincial administration, local administration, State enterprise established by an Act or Royal Degree or other State agency and shall include an agency entrusted to exercise the administrative power or carry out administrative acts *Published in the Government Gazette V01. 116, Part 94 a, dated 10th October B.E. 2542(1999).

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© 2002 Office of the Council of State, All Rights Reserved.

“State official” means

(1) Government official, official, employee, group of persons or person performing duties in an administrative agency;
(2) quasi-judicial council or committee or person empowered by law to issue any by-law, order or resolution affecting persons; and
(3) person who is under the supervision or superintendence of administrative agencies or State officials under (1) or (2“quasi-judicial council” means the committee established under the law which provides for the organisation
and procedure for the adjudication of disputes in respect of rights and duties under the law;

“administrative judge” means a judge of the Supreme Administrative Court and a judge of an Administrative Court of First Instance;

“J.C.A.C.” means the Judicial Commission of the Administrative Courts;

“party” means a plaintiff and a defendant and shall include a person, administrative agency or State official becoming a party to the case by way of interpleading, whether voluntarily or being summoned by an Administrative Court
to appear in the case by reason of being an interested person or a person likely to be affected by the out come of the case, and, for the purpose of the proceedings, shall also include the person authorised to represent the aforesaid person;

“plaint” means the submission of a claim to a Court, whether made to an Administrative Court of First Instance or to the Supreme Administrative Court, or made at the time of the filing of the case y a plaint or a request or subsequently
by a supplementary or amended plaint or by a counterclaim or by way of voluntary or compulsory interpleading or by way of application for a new trial;

“by-law” means a Royal Decree, Ministerial Regulation, Notification of a Ministry, ordinance of local administration, rule, regulation or other provision which is of general application and not intended to be addressed to any specific case or person;

“administrative contract” includes a contract at least one of the parties of which is an administrative agency or a person acting on behalf of the State and which exhibits the characteristic of a concession contract, public concession
contract or contract for the provision of public utilities or for the exploitation of natural resources.

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© 2002 Office of the Council of State, All Rights Reserved.

Section 4. The President of the Supreme Administrative Court shall have charge and control of the execution of this Act.
Section5. All rules, regulations or notifications issued by the general assembly of the judges of the Supreme Administrative Court or by the J.C.A.C. or by the J.C.A.C. with the approval of the general assembly of the judges of the Supreme Administrative Court shall come into force upon their publication in the Government Gazette.

Section 6. The regulations of the general assembly of the judges of the Supreme Administrative Court under section 44 and section 66 shall be submitted to the House of Representatives on the date of their issuance for the purpose of
examination by members of the House. If a motion for the cancellation of any regulation, whether in whole or in part, is subsequently submitted to the House of Representatives and approved by its resolution passed by not less than one-half of the total number of the exiting members of the House within thirty days as from the date of their submission, the general Assembly of the judges of the Supreme Administrative Court shall proceed incompliance therewith. Days under paragraph one shall mean the days within the House's session.

CHAPTER I
Establishment and Jurisdiction of Administrative Courts

Section 7. Administrative Courts are divided into two levels, viz:
(1) the Supreme Administrative Court;
(2) Administrative Courts of First Instance, viz:
(a) the Central Administrative Court;
(b) Regional Administrative Courts.
Section 8. There shall be established the Supreme Administrative Court in Bangkok Metropolitan or in a province nearby. There shall be established the Central Administrative Court in Bangkok Metropolitan or in a province nearby
which shall have jurisdiction throughout the boundaries of Bangkok Metropolitan and

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© 2002 Office of the Council of State, All Rights Reserved. the provinces of Nakhon Pathom, Nonthaburi, Pathum Thani, Ratchaburi, Samut Prakan, Samut Songkhram, and Samut Sakhon. The Central Administrative Court
shall also have jurisdiction over the locality where a Regional Administrative Court has not yet been established. All disputes arising outside the jurisdiction of the Central Administrative Court under paragraph two and paragraph three may be brought before the Central Administrative Court; provided that the Central Administrative Court has the discretion to refuse to try and adjudicate such case Unless the case is transferred in accordance with the rules governing the administrative cases. The establishment of Regional Administrative Courts and the determination of their jurisdiction shall be made by an Act having regard to the amount of litigation and personnel administration of Administrative Courts; provided that the jurisdiction of a Regional Administrative Court may be extended over
administrative boundaries of several provinces. The commencement of operation of the Supreme Administrative Court, Central Administrative Court and Regional Administrative Courts shall be prescribed in the Government Gazette by the President of the Supreme Administrative Court.

Section 9. Administrative Courts have the competence to try and adjudicate or give orders over the following matters:

(1) the case involving a dispute in relation to an unlawful act by an administrative agency or State official, whether in connection with the issuance of a by-law or order or in connection with other act, by reason of acting without or beyond the scope of the powers and duties or inconsistently with the law or the form, process or procedure which is the material requirement for such act or in bad faith or in a manner indicating unfair discrimination or causing unnecessary process or excessive burden to the public or amounting to undue exercise o discretion;
(2) the case involving a dispute in relation to an administrative agency or State official neglecting official duties required by the law to be performed or performing such duties with unreasonable delay;
(3) the case involving a dispute in relation to a wrongful act or other liability of an administrative agency or State official arising from the exercise of power under the law or from a by-law, administrative order or other order, or from the neglect of official duties required by the law to be performed or the performance of such duties with unreasonable delay;

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