Translation:Bangkok Metropolitan Administration Act (No. 3), BE 2539 (1996)

by the Government of Thailand

Seal of the Royal Command of Thailand

Bangkok Metropolitan Administration

Act (No. 3),

BE 2539 (1996)

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Bhumibol Adulyadej, R.

Given under our Hand this 4th Day of April, BE 2539 (1996);

Being the 51st Year of our Reign.

Phra Bat Somdet Phra Paraminthra Maha Bhumibol Adulyadej is graciously pleased to proclaim that:

Whereas it is desirable to amend the law on Bangkok Metropolitan Administration;

Be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the National Assembly, as follows:

§ 1

This Act shall be cited as the "Bangkok Metropolitan Administration Act (No. 3), BE 2539 (1996)".

§ 2

This Act shall come into force as from the day following the date of its publication in the Government Gazette.^[1]

§ 3

The provisions of section 12 of the Bangkok Metropolitan Administration Act, BE 2528 (1985), shall be repealed and replaced by the following:

"§ 12

A person shall be eligible to vote if he possesses the following qualifications:

(1) being a Thai national; prescribed that a person having obtained Thai nationality through naturalisation must have so obtained for not less than ten years;

(2) having attained the age of eighteen on the 1st Day of January of the year of election; and

(3) having been entered in the household register of the constituency concerned, for not less than ninety consecutive days up to the date of election."

§ 4

(2) of section 13 of the Bangkok Metropolitan Administration Act, BE 2528 (1985), shall be repealed.

§ 5

The provisions of section 16 of the Bangkok Metropolitan Administration Act, BE 2528 (1985), shall be repealed and replaced by the following:

"§ 16

A person shall be prohibited from being a candidate in an election of Councillors of Bangkok, if he is attacked by the following disqualifications:

(1) being addicted to a dangerous narcotic drug;

(2) having been adjudged bankrupt and having not yet been discharged from bankruptcy by the court;

(3) being debarred from voting pursuant to section 13 (1), (3) or (5);

(4) having been sentenced to imprisonment and being restrained by virtue of a judicial warrant;

(5) having been sentenced to imprisonment for two years or more and having been released therefrom for a period not yet over five years up to the date of election, save where the sentence is based upon a negligent offence;

(6) undergoing hearing impairment and muteness;

(7) being a member of a legislative body, local council, local administrative board or local administrator;

(8) being a candidate in an election of a member of a legislative body, local council, local administrative board or local administrator;

(9) being a government officer with regular post or salaries;

(10) being an official or employee of a state agency, state enterprise or local government agency;

(11) having been dismissed, discharged, removed or disemployed by a government agency or state enterprise on grounds of corruption in office or being deemed to have committed corruption and misconduct in public sector;

(12) having removed from the office of Governor of Bangkok for a period not yet over four years up to the date of application for candidacy;

(13) having been removed from an office of Councillor of Bangkok by operation of section 23 (8) for a period not yet over four years up to the date of application for candidacy;

(14) having incurred a confiscatory judgment or order of a court by reason of unusual wealth or unusual increase of wealth."

Countersigned by:

Banharn Silpa-archa,

Prime Minister.

Statement of Grounds

The grounds for promulgation of this Act are as follows: Certain provisions of the Bangkok Metropolitan Administration Act, BE 2528 (1985), which deal with the qualifications and disqualifications of the voters in the elections of Councillors of Bangkok and the disqualifications of the candidates in the same are still inconsistent with the Constitution of the Kingdom of Thailand, which has been amended by the Constitution of the Kingdom of Thailand Amendment (No. 5), Buddhist Era 2538 (1995). Moreover, the Act still contains certain inappropriate provisions needing to be improved in compliance with the Constitution of the Kingdom of Thailand which has been so amended. It is therefore necessary to enact this Act.

Footnotes

1. Published in the Government Gazette: volume 116/part 104 A/page 22/26 October 1999.

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