Translation:Bangkok Metropolitan Administration Act (No. 4), BE 2542 (1999)



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:

This Act shall be cited as the "Bangkok Metropolitan Administration Act (No. 4), BE 2542 (1999)".

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

The provision of (1) of section 12 of the Bangkok Metropolitan Administration Act, BE 2528 (1985), which has been amended by the Bangkok Metropolitan Administration Act (No. 3), BE 2539 (1996), shall be repealed and replaced by the following:

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

The provision of (15) of section 13 of the Bangkok Metropolitan Administration Act, BE 2528 (1985), shall be repealed and replaced by the following:

"(5)	 being disfranchised".

The provision of (1) of section 14 of the Bangkok Metropolitan Administration Act, BE 2528 (1985), shall be repealed and replaced by the following:

"(1)	 being of Thai nationality by birth".

The provisions section 15 of the Bangkok Metropolitan Administration Act, BE 2528 (1985), shall be repealed.

The following shall be inserted in the Bangkok Metropolitan Administration Act, BE 2528 (1985), as (9) of its section 23:

"(9)	 recall by the enfranchised citizens of Bangkok Metropolis pursuant to the law on recall of local councillors or local administrators; prescribed that if all Councillors of Bangkok lose their councillorships for the said reason, the Council of Bangkok shall be deemed to be dissolved".

The following shall be inserted in the Bangkok Metropolitan Administration Act, BE 2528 (1985), as (9) of its section 52:

"(9)	 recall by the enfranchised citizens of Bangkok Metropolis pursuant to the law on recall of local councillors or local administrators".

The following shall be inserted in the Bangkok Metropolitan Administration Act, BE 2528 (1985), as (14 bis) of its section 89:

"(14 bis)	 maintenance of arts, customs, local wisdom and good local culture".

The provisions of paragraph 1 of section 89 of the Bangkok Metropolitan Administration Act, BE 2528 (1985), shall be repealed and replaced by the following:

A draft ordinance of Bangkok Metropolis may only be introduced by the Governor of Bangkok, the Councillors of Bangkok, or the enfranchised citizens of Bangkok Metropolis pursuant to the law on local initiatives. In cases a draft ordinance is to be introduced by the Councillors of Bangkok, it is required that the draft be signed by not less than one fifth of the total number of the existing Councillors."




 * Prime Minister.
 * Prime Minister.

The grounds for promulgation of this Act are as follows: The provisions of the law on Bangkok Metropolitan Administration which deal with the nationality and disfranchisement as the qualifications of the eligible voters and candidates are still inconsistent with the Constitution of the Kingdom of Thailand. The Constitutional of the Kingdom of Thailand also recognises the rights of the citizens eligible to vote in elections of local administrative organisations to recall local councillors or local administrators pursuant to the legal provisions and to jointly introduce draft local ordinances to the local councils. Furthermore, the Constitution charges the local administrative organisations with the duty to maintain arts, customs, local wisdom and good local culture. In order to amend the law on Bangkok Metropolitan Administration in accordance with the described provisions of the Constitution, it is therefore necessary to enact this Act.