Thammasat University Act
B.E. 2558 (2015)
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BHUMIBOL ADULYADEJ, REX
Given on the 16th day of July B.E. 2558 (2015);
Being the 70th year of the present reign.
His Majesty King Bhumibol Adulyadej is graciously pleased to proclaim that:
Whereas it is expedient to amend the law on Thammasat University;
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 “Thammasat University Act B.E. 2558 (2015)”.
Section 2. This Act will come into force at the end of the period of thirty days beginning with the day on which it is promulgated in the Government Gazette.[1]
Section 3. The following are repealed:
(1) Thammasat University Act B.E. 2531 (1988)
(2) Thammasat University Act (No. 2) B.E. 2541 (1998)
Section 4. In this Act,
“University” means Thammasat University;
“University Council” means the Thammasat University Council;
“University Executive Committee” means the Thammasat University Executive Committee;
“Academic Position Review Committee” means the Thammasat University Academic Position Review Committee;
“Academic Policy Committee” means the Thammasat University Academic Policy Committee;
“Faculty Senate” means the Thammasat University Faculty Senate;
“University Employee Council” means the University Employee Council for Academic Support of Thammasat University;
“University Employee” means a Thammasat University employee;
“University Worker” means a University Employee, government official or wage earner of a government division which operates in the University, a government employee, or a wage earner of the University; and
“Minister” means the competent minister pursuant to this Act.
Section 5. Thammasat University, under the Thammasat University Act B.E. 2531 (1988), is Thammasat University pursuant to this Act, and is a juristic person.
Thammasat University has the status of an agency under the direction of the state, which is not a government division pursuant to the law on the organisation of government administration, the law on the organisation of the administration of the Ministry of Education, and the law on the reorganisation of ministries and departments, and is not a state enterprise pursuant to the law on budgetary procedures or other laws.
Section 6. The Minister of the Ministry of Education is the competent minister pursuant to this Act.
Chapter 1
General Provisions
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Section 7. The University shall be an educational institute for academia and advanced vocations with the objective of creating, developing, compiling, and applying a full body of knowledge, proceeding to provide education on this body of knowledge, managing education, disseminating knowledge, promoting and developing academia and advanced vocations, performing research, providing academic services and vocational services to society, and preserving art and culture, together with promoting and developing the study of jurisprudence and politics, administration, religion, morality, knowledge, science, health science, technology, and the environment.
The University has a determination to achieve academic excellence and to be a leading university, together with leading society along a path that is righteous and desirable, and strengthening fairness in society, and to produce graduates who are knowledgeable, able in their work, and who lead their lives with value, virtue, sacrifice, curiosity, and a sense of responsibility to society and the nation.
Section 8. In order to achieve the objectives under Section 7, the University shall proceed according to the following principles:
(1) academic freedom;
(2) equality in educational opportunity;
(3) academic excellence, with academic quality and standards that are accepted at an international level;
(4) morality and ethics;
(5) bringing knowledge to society;
(6) responsibility to the community, society, and the nation;
(7) efficiency and effectiveness;
(8) administration with good governance; and
(9) participation of University Workers and students.
Section 9. The University may divide its operations as follows:
(1) office of the University Council;
(2) offices;
(3) faculties;
(4) colleges;
(5) institutes; and
(6) bureaus.
In addition, the University may have divisions, called by other names, that have equivalent status to offices, faculties, colleges, institutes, or bureaus to proceed in accordance with its objectives pursuant to Section 7.
Establishing, merging, altering, and dissolving the divisions, and subdividing the divisions pursuant to paragraph one and paragraph two, is to be done by regulations of the University announced in the Government Gazette.
Section 10. Divisions pursuant to Section 9 have the following duties:
(1) the office of the University Council has the duty to support the operations of the University Council;
(2) offices have the duty to support the administration of the University;
(3) faculties and colleges have the duty to manage education, conduct research, utilise the results of research, and perform academic services;
(4) institutes have the duty to conduct research, perform academic services, or manage education;
(5) bureaus have the duty to support academic administration; and
(6) divisions that are called by other names have duties as specified in regulations of the University pursuant to Section 9 paragraph three.
Increasing or amending the duties of a division under paragraph one may be done by regulations of the University announced in the Government Gazette.
Section 11. Within its objectives pursuant to Section 7, the University may allow advanced educational institutions or other institutions to associate with the University and has the power to award degrees, diplomas, or certificates of any class to a person who has completed education from that advanced educational institution or other associated institution.
Making an association, cancelling an association, and monitoring advanced educational institutions or other institution pursuant to paragraph one may be done by regulations of the University announced in the Government Gazette.
Section 12. Within its objectives pursuant to Section 7, the University may manage education or conduct research together with advanced educational institutions or other institutions within the country or in foreign countries, or belonging to international organisations. In managing education, the University has the power to award degrees, diplomas, or certificates of any class, together with that advanced educational institution or other institution, to a person who has graduated.
Education management or cancellation of education management pursuant to paragraph one may be done by regulations of the University announced in the Government Gazette.
Procedures pursuant to paragraph one will be in accordance with regulations of the University.
Section 13. Activities of the University are not subject to the laws on labour protection or the laws on labour relations.
Section 14. The University has the powers and duties to perform various actions to achieve the objectives pursuant to Section 7, including the following:
(1) buy, sell, engage, be engaged, build, procure, transfer, receive, hire, hire out, hire-purchase, allow to be hire-purchased, exchange, dispose of, or perform any juristic act for the benefit of an activity of the University, as well as hold ownership, possessory rights, or various property rights in, property of the University, and hold rights in or seek the benefit of intellectual property, and dispose of property within or outside of the kingdom, together with receiving money or property from patrons or donors.
Selling or exchanging immovable property of the University may be done in respect of specific immovable property obtained pursuant to Section 17;
(2) conduct radio broadcasting activities, television, telecommunication activities, or information technology for the benefit of education and academic services;
(3) receive fees, dues, remuneration, fines, and service charges for providing services within the scope of the powers and duties of the University, together with making agreements and specifying conditions concerning the services;
(4) cooperate with other agencies of the state or private sector, or foreign or international organisations or agencies, in activities related to its conduct in accordance with its objectives pursuant to Section 7;
(5) borrow and lend money with personal or proprietary security, hold shares, enter into partnerships, and invest or co-invest for the benefit of the activities of the University;
Borrowing, lending, holding shares, entering into partnerships, investing, or co-investing, if it is in an amount exceeding the financial limit specified by the Minister, requires prior approval of the Council of Ministers;
(6) issue bonds or any other instrument for investment, with the approval of the Council of Ministers;
(7) determine remuneration or special remuneration, including welfare, privileges and other benefits for University Workers, in accordance with the criteria, methods, and conditions specified in regulations of the University;
(8) provide continuous academic and personnel development, including the dissemination and utilisation of academic work, results of research, and intellectual property;
(9) provide funds for students who lack resources, funds for providing education in branches of academia which are unable to depend on themselves financially, and funds for various activities in accordance with the objectives of the University, including providing funding for education and funding for research;
(10) administer, safeguard, maintain, manage, use, and procure the benefit of property of the University and treasury property pursuant to the law on treasury property; and
(11) establish or join with other persons in establishing an organisation as a juristic person, together with investing or co-investing with other natural or juristic persons, to conduct activities related to or in connection with activities of the University, to disseminate or utilise the results of research to generate income for the University.
The criteria and methods of operation under (1), (2), (5), (6), (9), and (11) will be in accordance with regulations of the University.
Section 15. The income of the University will be as follows:
(1) the general subsidy that the government allocates on an annual basis;
(2) money and property donated to the University;
(3) funds established by the government or the University, and income or benefits from these funds;
(4) fees, dues, remuneration, fines, service charges, and money or other property which the University collects pursuant to its powers and duties or which it receives under various contracts of the University;
(5) income or benefits from investment or co-investment and from property of the University;
(6) income or benefits which come from the use of treasury property or the procurement of the benefits of treasury property which the University administers, safeguards, uses, or procures the benefit of, including land the ownership of which belongs to the University; and
(7) other income or benefits.
Regarding the general subsidy according to (1) above, the government shall allocate directly to the University the amount of money that is sufficient for the expenses necessary to proceed in accordance with the objectives of the University and to develop the higher education that is within the responsibility of the University, to be able to develop the quality of education to become a leading, international level, university.
If the government makes an adjustment to the salaries, position allowances, remuneration, or any other rights or privileges of government officials, the government shall allocate the budget in the form of additional general subsidies to the University in the same proportion to pay such expenses for University Employees.
The income of the University is not income that must be remitted to the treasury as public revenue pursuant to the law on public treasury, the law on the allocation of the budget, or any other law.
If the income pursuant to paragraph one is not in an amount sufficient for the expenses incurred in the procedures of the University and other appropriate costs, and the University is not able to find money from other sources, the government shall allocate additional general subsidies to the University in accordance with the University’s needs.
Section 16. The University shall encourage and support those whom the University admits for education at the University, and students who genuinely lack resources, so that they have the opportunity to study to complete a bachelor’s degree.
The criteria and methods for determining whether a person genuinely lacks resources will be in accordance with regulations of the University.
Section 17. All immovable property that the University receives from donors or that it obtains by way of purchase using income of the University or by exchange with property of the University, or that it receives by other methods, is not deemed to be treasury property and will be in the ownership of the University.
Section 18. Property of the University that is used for benefits relating to education, research, academic services, or the preservation of art and culture is not liable to legal execution or administrative enforcement.
No person may raise a prescription period or period of time in possession against the University in matters relating to property of the University.
Section 19. All income and property of the University shall be managed in order to achieve the objectives of the University pursuant to Section 7.
Money and property donated to the University shall be managed in accordance with the conditions specified by the donor. However, if it is necessary to amend such conditions, consent shall be obtained from the donor or his heir. If there is no heir or if there appears to be no heir, approval shall be obtained from the University Council.
Chapter 2
Procedures
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Section 20. There will be a University Council, comprised of:
(1) the President of the University Council, who will be graciously appointed by His Majesty;
(2) the Rector, the President of the Thammasat Association under royal patronage, the President of the Faculty Senate, and the President of the University Employee Council;
(3) one Counsellor of the University Council from those holding the position of Associate Rector;
(4) two Counsellors of the University Council from those holding the position of Dean or head of a division, called by any other name, that has equivalent status to a faculty or college;
(5) one Counsellor of the University Council from those holding the position of Director of an institute, Director of a bureau, or head of a division, called by any other name, that has equivalent status to an institute or bureau;
(6) two Counsellors of the University Council from full-time faculty members who have taught at the University for not less than five years and who are not holding positions according to (2), (3), (4), and (5);
(7) one Counsellor of the University Council from University Employees providing academic support who have worked in the University for not less than ten years and who are not holding positions according to (2), (3), (4), and (5); and
(8) Fifteen Expert Counsellors of the University Council, who will be graciously appointed by His Majesty from external persons on the recommendation of the President of the University Council and the Counsellors of the University Council under (2), (3), (4), (5), (6), and (7).
The University Council shall select one Expert Counsellor of the University Council to be the Vice President of the University Council, and the Vice President of the University Council shall act in place of the President of the University Council if the President of the University Council is unable to perform his or her duties or when there is no-one holding the position of President of the University Council. In a situation where the Vice President of the University Council is unable to perform his or her duties or when there is no-one holding the position of Vice President of the University Council, the University Council shall select one Expert Counsellor of the University Council to act in place of the President of the University Council.
The qualifications, criteria, and methods for recruiting a person to be the President of the University Council or an Expert Counsellor of the University Council will be in accordance with regulations of the University, provided that one Expert Counsellor of the University Council shall be selected from the list of candidates determined by the Higher Education Commission.
The qualifications, criteria, and methods for selecting a person to be a Counsellor of the University Council under (3), (4), (5), (6), and (7) will be in accordance with regulations of the University, provided that no more than one Counsellor of the University Council pursuant to (6) may come from one division.
The University Council shall appoint one Counsellor of the University Council to be the Secretary of the University Council.
Section 21. The President of the University Council and Counsellors of the University Council appointed pursuant to Section 20(8) will have a term of office of two years and may be graciously re-appointed by His Majesty.
Counsellors of the University Council appointed pursuant to Sections 20(3), (4), (5), (6) and (7) will have a term of office of two years and may be re-appointed.
Section 22. In addition to vacating their office at the expiry of its term pursuant to Section 21, the President of the University Council and Counsellors of the University Council appointed pursuant to Section 20 will vacate office upon:
(1) death;
(2) resignation;
(3) failure to have the required qualifications for being a Counsellor of the University Council in his or her respective category;
(4) being an incompetent person or quasi-incompetent person;
(5) being a bankrupt person;
(6) the passing of a resolution for their removal by the University Council; or
(7) being imprisoned by virtue of a final judgment imposing a sentence of imprisonment.
In the event that the position of the President of the University Council or a Counsellor of the University Council is vacant for any reason and the process for filling the vacancy in the position of the President of the University Council or Counsellor of the University Council has not yet been carried out, the University Council will be composed of the existing Counsellors of the University Council.
In the event that the President of the University Council or a Counsellor of the University Council vacates his or her office before the expiry of the term of office, if His Majesty has graciously appointed a replacement or a process for appointing a person as a replacement for his or her position has been carried out, that person will occupy his or her position only for the remainder of the term of office of the person being replaced, provided that, if the remaining term of office is less than 90 days, the procedures for appointing a person as a replacement will not be conducted.
In the event that the President of the University Council or a Counsellor of the University Council vacates his or her office upon the expiry of the term of office but His Majesty has not graciously appointed a replacement President of the University Council or Expert Counsellor of the University Council, or the procedures for recruiting another person as a Counsellor of the University Council has not yet been carried out, the President of the University Council, Expert Counsellor of the University Council or Counsellor of the University Council who vacated the office shall continue to perform his or her duties until His Majesty graciously appoints a replacement President of the University Council or Expert Counsellor of the University Council, or the procedure for recruiting a replacement Counsellor of the University Council has been conducted.
Section 23. The University Council has the powers and duties to oversee the general activities of the University. Such powers and duties include the following:
(1) to set goals, formulate policies and guidelines for the development of the University to achieve the University’s objectives;
(2) to issue regulations, rules, and announcements of the University for the benefit of the workings of the University, and it may authorise any division in the University to issue regulations, rules, and announcements for that division on each matter;
(3) to issue regulations on the administration of personnel of the University;
(4) to issue regulations concerning the administration of finance, supplies, and property of the University;
(5) to approve the awarding of degrees, doctoral degree certificates, master’s degree certificates, bachelor’s degree certificates, diplomas, and certificates of the University, or in respect of which the University has jointly managed education with advanced educational institutions or other institutions, including approving the award of honorary degrees;
(6) to approve the establishment, merger, or dissolution of divisions of the University pursuant to Section 9, including the subdivision of agencies within such divisions;
(7) to consider procedures for gracious appointments by His Majesty and to consider the removal of the President of the University, Expert Counsellors of the University Council, the Rector, Professors and Adjunct Professors;
(8) to appoint and remove Honorary Professors, Associate Professors, Adjunct Associate Professors, Assistant Professors, Adjunct Assistant Professors and those holding academic positions with other titles;
(9) to appoint and remove Associate Rectors, Deans, Directors, and heads of divisions called by any other name;
(10) to track and assess the performance of the Rector and heads of divisions;
(11) to approve affiliations, education joint management, or the dissolution of affiliations and education joint management, with advanced educational institutions or other institutions, and to approve education courses and the commencement of teaching, including reorganising, merging, and cancelling curricula;
(12) to determine policies and methods concerning the procurement of income and the procurement of funding and other resources;
(13) to approve borrowing and lending money, holding shares, entering into partnerships, and investing or co-investing pursuant to Section 14(5) paragraph two;
(14) to approve establishing or joining with other persons in establishing an organisation as a juristic person or dissolving a juristic person that has been established pursuant to Section 14(11);
(15) to approve the establishment of the University’s revenue and expenditure budgets;
(16) to certify the annual activity report of the University and submit the report to the Ministry;
(17) to appoint committees, subcommittees, or any person to perform any act which is within the powers and duties of the University Council, including the granting of power to committees, subcommittees, or such persons to act on its behalf and report to the University Council;
(18) to support and monitor the operations of the University so that they are in accordance with the principles of good governance; and
(19) to perform other duties concerning the activities of the University which have not been specified as being the duty of a particular person.
Section 24. Meetings and methods of operation of the University Council will be in accordance with regulations of the University.
Section 25. There will be a Thammasat Relations Council comprised of representatives from the Alumni Association of the University, representatives of professional associations of academic fields which are the subject of education in the University, and external experts who have made contributions to the University or society.
The Thammasat Relations Council has the following duties:
(1) to give advice and recommendations to the University Council and the Rector concerning the conduct of operations that are beneficial to the progress of the University and society as a whole; and
(2) to support and promote the operations of the University through ideation and mobilising resources in various fields, from the Thammasat community, alumni, and the general public.
The number, qualifications, criteria, methods of recruitment, term of office, and removal from office of the Thammasat Relations Council, together with meetings and methods of operation of the Thammasat Relations Council, will be in accordance with regulations of the University.
Section 26. There will be a University Executive Committee comprised of the Rector, as President, and the Associate Rectors, Deans, Directors of institutes, Directors of bureaus, heads of divisions that have equivalent status to a faculty, college, institute or bureau, the President of the Faculty Senate, and the President of the University Employee Council as committee members.
The University Executive Committee shall appoint an Associate Rector or an Assistant Rector as secretary on the recommendation of the Rector.
Section 27. The University Executive Committee has powers and duties concerning proposing the development plan of the University, scrutinising regulations, rules and announcements of the University, considering the establishment, merger, alteration and dissolution of divisions and subdividing agencies within divisions, procedures regarding administration of personnel, finance and property of the University, providing advice and recommendations to the Rector in accordance with regulations of the University
Section 28. Meetings and methods of operation of the University Executive Committee will be in accordance with regulations of the University.
Section 29. There will be an Academic Position Review Committee comprised of a president and committee members holding the position of Professor, which shall perform the duty of considering entry into academic positions for proposal to the University Council.
The number, criteria, methods of recruitment, term of office, and removal from office of the president and committee members, together with meetings and conduct of operations of the Academic Position Review Committee, will be in accordance with regulations of the University.
Section 30. There will be an Academic Policy Committee composed of a president and committee members appointed by the University Council.
The Academic Policy Committee has the following powers and duties:
(1) to propose goals, policies and guidelines for development and academic development plans for the University to the Rector;
(2) to make proposals to the University Council on approving curricula and commencement of teaching, including reorganising, merging and cancelling curricula;
(3) to make proposals to the University Council on approving entering into affiliations, education joint management, or the dissolution of affiliations and the cancellation of education joint management, with advanced educational institutions or other research institutions; and
(4) to carry out academic operations of the University in accordance with the directions of the University Council or the Rector.
The number, qualifications, criteria, methods of recruitment, term of office, and removal from office of the president and committee members, together with meetings and conduct of operations of the Academic Policy Committee, will be in accordance with regulations of the University.
Section 31. There will be a Faculty Senate comprised of a president and committee members selected from full-time faculty members of the University.
The number, qualifications, criteria, methods of selection, term of office, and removal from office of the president and committee members, together with meetings and methods of operation of the Faculty Senate, will be in accordance with regulations of the University.
Section 32. The Faculty Senate has the following powers and duties:
(1) to make proposals and give advice to the University Council and the Rector on the administration of all activities of the University;
(2) to promote a good relationship between the University and the full-time faculty members, and among the full-time faculty members themselves; and
(3) to perform other duties in accordance with the directions of the University Council or the Rector.
Section 33. There will be a University Employee Council comprised of a president and committee members selected from University Employee providing academic support.
The number, qualifications, criteria, methods of selection, term of office, and removal from office of the president and committee members, together with meetings and methods of operation of the University Employee Council, will be in accordance with regulations of the University.
Section 34. The University Employee Council has the following powers and duties:
(1) to make proposals and give advice to the University Council and the Rector on the administration of all activities of the University;
(2) to promote a good relationship between the University and University Employees providing academic support, and among the University Employees providing academic support themselves; and
(3) to perform other duties in accordance with the directions of the University Council or the Rector.
Section 35. There will be a Rector as the chief supervisor and person responsible for the administration of the University, and there may be Associate Rectors or Assistant Rectors, or both Associate Rectors and Assistant Rectors, in the number determined by the University Council to perform duties and assume responsibilities as assigned by the Rector.
Section 36. The Rector will be graciously appointed by His Majesty from those meeting the qualifications pursuant to Section 37, by recommendation of the University Council, and will have a term of office of three years and may be graciously re-appointed by His Majesty, provided that he or she may not occupy the position for more than two consecutive terms.
In addition to vacating his or her office in accordance with paragraph one, the Rector will vacate his or her office on:
(1) death;
(2) resignation;
(3) failure to have the qualifications according to Section 37;
(4) being an incompetent person or quasi-incompetent person;
(5) bankruptcy;
(6) the passing of a resolution for their removal by the University Council by a vote of more than half of the total number of members on the grounds of dereliction of duty, irreputable behaviour, incompetence, or performing any action that is contrary to the aspirations of the University pursuant to Section 7 paragraph two; or
(7) being imprisoned by virtue of a final judgment imposing a sentence of imprisonment.
The University Council may appoint Associate Rectors from those meeting the qualifications pursuant to Section 38 paragraph one on the recommendation of the Rector.
The Rector may appoint Assistant Rectors from those meeting the qualifications pursuant to Section 38 paragraph two, and also has the power to remove Assistant Rectors.
When the Rector vacates his or her office, the Associate Rectors and Assistant Rectors will also vacate their offices, and the provisions of paragraph two will apply to Associate Rectors and Assistant Rectors mutatis mutandis.
Section 37. The Rector is to have one of the following qualifications:
(1) having graduated with a degree of at least doctoral level or its equivalent from the University or another advanced educational institution certified by the University Council, and having taught at the University or another advanced educational institution approved by the University Council for not less than three years; or
(2) having graduated with a degree of any level or its equivalent from the University or another advanced educational institution approved by the University Council, and having taught at the University or another advanced educational institution certified by the University Council for not less than five years, or having occupied the position of Counsellor of the University Council for not less than two years in total.
Section 38. Associate Rectors are to have one of the following qualifications:
(1) having the same qualifications as for the Rector;
(2) having graduated with a degree of any level or its equivalent from the University or another advanced educational institution certified by the University Council, and having not less than five years’ experience in administration;
(3) being a University Employee providing academic support and having graduated with a bachelor’s level degree or its equivalent from the University or other higher education institution certified by the University Council and having worked in the University for not less than ten years; or
(4) having other qualifications according to regulations of the University.
Assistant Rectors are to have graduated with a degree of any level or its equivalent from the University or an advanced educational institution approved by the University Council.
Section 39. The Rector is the representative of the University in all activities, and specifically has the following powers and duties:
(1) to administer the activities of the University in accordance with the law, the regulations, rules and announcements of the University, together with the objectives and policies of the University, and in doing so has the power to issue rules, orders, and announcements;
(2) to administer personnel, money, finance, procurement, premises, and other property of the University in accordance with the law and the regulations, rules and announcements of the University;
(3) to prepare the development plan of the University and supervise the implementation of policies and the plan, including monitoring and evaluating the performance of operations of the University in various fields;
(4) to procure income and other resources from various sources to support the conduct of missions to fulfil the objectives and aspirations of the University and to prepare revenue and expenditure budgets for submission to the University Council;
(5) to appoint and remove Associate Deans and Adjunct Lecturers on Deans’ recommendations;
(6) to appoint and remove heads of academic departments, heads of other agencies that have equivalent status to an academic department, Associate Directors and associate heads of divisions that are called by other names and that have equivalent status to an institute or a bureau;
(7) to monitor and evaluate the work product of Associate Rectors, Deans, Directors of institutes, Directors of bureaus, and heads of divisions that are called by other names;
(8) to submit annual reports concerning various activities of the University to the University Council;
(9) to perform other duties in accordance with the law and the regulations, rules, and announcements of the University or as assigned by the University Council.
Section 40. In the event that the Rector is unable to perform his or her duties, the Associate Rector will act in place of the Rector. If there is more than one Associate Rector, the Associate Rector so assigned by the Rector will be Acting-Rector. If the Rector has not assigned a particular Associate Rector to act in his or her place, the Associate Rector with the highest seniority will be Acting-Rector.
In the event that there is no-one occupying the position of Rector, or there is no-one to act in place of the Rector pursuant to paragraph one, of if there is but he or she is unable to perform the duties, the University Council shall appoint a person with qualifications in accordance with Section 37 to be Acting-Rector.
The Acting-Rector will have the same powers and duties as the person in whose place they are acting.
Section 41. In faculties and colleges, there will be a Dean as the supervisor and person responsible for the work of the faculty or college, and there will be Associate Deans, in the number determined by the University Executive Committee, to perform duties and assume responsibilities as assigned by the Dean.
A Dean has a term of office of three years and may be re-appointed, provided that he or she may not occupy the position for more than two consecutive terms.
A Dean will be appointed by the University Council from those meeting the qualifications pursuant to Section 42.
An Associate Dean will be appointed by the Rector on the recommendation of the Dean from those meeting the qualifications pursuant to Section 43.
When a Dean vacates his or her office, the Associate Dean will also vacate his or her office.
With regard to acting in place of a Dean, the provisions of Section 40 will apply, mutatis mutandis, provided that in the event that the University Council appoints a person as Acting-Dean, it shall make such appointment from those meeting the qualifications pursuant to Section 42.
Section 42. A Dean is to have graduated with a degree of any level or its equivalent from the University or another advanced educational institution certified by the University Council, and is to have taught at the University or another advanced educational institution certified by the University Council for not less than three years.
Section 43. An Associate Dean is to have one of the following qualifications:
(1) having the same qualifications as for a Dean; or
(2) having graduated with a degree of any level or its equivalent from the University or another advanced educational institution certified by the University Council and having not less than five years’ work experience.
Section 44. In faculties and colleges, there will be a Faculty Committee or College Committee, comprised of the Dean, as president, and committee members.
The composition, number, qualifications, criteria, method of recruitment, term of office and removal from office of the committee members, together with meetings and methods of operation of the Faculty Committee or College Committee, will be in accordance with regulations of the University.
Section 45. A Faculty Committee or College Committee has the following powers and duties:
(1) to set policies and plans of the faculty or college in line with the policies of the University;
(2) to set rules and issue announcements on education of the faculty or college, provided that they do not conflict with the regulations, rules, and announcements of the University, together with setting other rules and issuing announcements as assigned by the University Council;
(3) to consider programmes and details concerning the programmes for the faculty or college to propose to the Academic Policy Committee, to be proposed to the University Council;
(4) to set criteria and supervise assessment and evaluation, and control the educational standards of the faculty or college;
(5) to give advice and offer opinions to the Dean;
(6) to consider the budget of the faculty or college for submission to the Rector;
(7) to make proposals for His Majesty’s gracious appointment and removal of Adjunct Professors, and for the appointment and removal of Honorary Professors to the Academic Position Review Committee, for proposal to the University Council;
(8) to supervise administration, money, finance, procurement, premises, and other property of the faculty or college in accordance with the law and the regulations, rules and announcements of the University;
(9) to appoint sub-committees or any other persons to perform any act within the powers and duties of the Faculty Committee or College Committee; and
(10) to perform other duties as directed by the University Council or the Rector.
Section 46. In the event that there has been sub-division of academic departments or agencies called by other names that have equivalent status, the head of the academic department or the head of the agency called by another name will be the supervisor and person responsible for the work of the academic department or agency called by another name that has equivalent status.
The qualifications, criteria, method of appointment, term of office and removal from office of the head of the academic department or the head of the agency called by another name will be in accordance with regulations of the University.
Section 47. In institutes, bureaus, and divisions called by other names that have equivalent status, there will be a Director or head of the division called by another name who will be the supervisor and person responsible for the work of the institute, bureau, or division called by another name that has equivalent status, and there will be Associate Directors or associate heads of divisions called by other names that have equivalent status, in the number determined by the University Executive Committee, to perform duties and assume responsibilities as directed by the Director or head of the division called by another name.
The qualifications, term of office and removal from office of a Director or head of a division called by another name, and of an Associate Director or associate head of a division called by another name, will be in accordance with regulations of the University.
When a Director or head of a division called by another name vacates his or her office, Associate Directors or associate heads of divisions called by other names will also vacate their offices.
The conduct of work of institutes, bureaus, and divisions called by other names that have equivalent status, shall be in accordance with regulations of the University.
The provisions of Section 40 will apply to acting in place of a Director or head of a division called by another name, mutatis mutandis.
Section 48. In institutes, bureaus, and divisions called by other names that have equivalent status, there will be an Institute Committee, a Bureau Committee, or a committee of the division called by another name that has equivalent status, comprised of the Director of the institute, the Director of the bureau, or the head of the division called by another name, respectively, as president, and committee members.
The composition, number, qualifications, criteria, method of appointment, term of office and removal from office of the committee members, their powers and duties, together with meetings and method of conduct of operations of the Institute Committee, Bureau Committee, or committee of the division called by another name that has equivalent status, will be in accordance with regulations of the University.
Section 49. A person occupying the position of Rector, Associate Rector, Dean, Director of an institute, Director of a bureau, or head of a division called by another name, must be able to perform their duties full time and shall not occupy more than one of these positions at any one time.
A person occupying one of the positions according to paragraph one may act in place of only one person occupying another of the positions, provided that it is for not more than one hundred and eighty days.
Section 50. The selection of a Rector, Dean, Director of an institute, Director of a bureau, or head of a division called by another name will be in accordance with regulations of the University.
Section 51. In the office of the University Council and other offices, there will be a Director who will be the supervisor and person responsible for the work of the office of the University Council or other office.
The qualifications, criteria, method of appointment, term of office, removal from office, and powers and duties of the Director according to paragraph one will be in accordance with regulations of the University.
Section 52. For the benefit of the administration of the work of offices, faculties, colleges, institutes, bureaus, and divisions called by other names that have equivalent status, the Rector may delegate power to a person occupying the position of Dean, Director or head of such a division, to perform duties in place of the Rector in respect of that division.
The Dean, Director, or head of division who has received delegation of power from the Rector may further delegate power to an Associate Dean, Associate Director, or associate head of that division, to perform the duties for which power has been delegated in his or her place, provided that this has received approval from the Rector, and the person who receives delegation of power, or the person who receives further delegation of power, will have the powers and duties determined by the Rector.
Section 53. In addition to the provisions of this Act, acting in another’s place, delegation of power, including sub-delegation of power to perform duties on their behalf by persons occupying various positions in the University, will be in accordance with regulations of the University.
In the case that there is a law, regulation, rule, order, or resolution of the Council of Ministers appointing or determining that a person occupying a position may be a committee member, sub-committee member, or will have any powers or duties, a person acting in place of, or a person performing duties on behalf of, such person shall perform the duty of a committee member, sub-committee member or shall have such powers or duties during the period in which he or she is acting in such person’s place or performing duties on their behalf, respectively, unless the person delegating power specifies otherwise in the order delegating power.
Chapter 3
Quality Assurance and Evaluation
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Section 54. The University shall procure a system for education quality assurance to develop the quality and standards of education of the University.
The system, criteria, and methods of education quality assurance pursuant to paragraph one will be in accordance with regulations of the University.
Section 55. When four years have elapsed from the date of the establishment of divisions of the University pursuant to Section 9, the University shall procure the abovementioned system for education quality assurance through evaluators appointed by the University Council from those not performing work in the University, who shall then report to the University Council and announce the evaluation to the general public, and it shall provide such an evaluation every four years.
The evaluation of divisions pursuant to paragraph one shall use, as a minimum, the principles according to Section 8 and the policies determined by the University Council pursuant to Section 23(1) as criteria for evaluation, and it may seek information from those performing work in the University, students, alumni, persons who are employers or supervisors of alumni, and other persons who are related to the University.
The report pursuant to paragraph one shall state whether a division should alter any of its procedures or whether that division or agencies within that division should continue or not.
Section 56. The Academic Policy Committee shall procure evaluation of education courses, teaching, and assessments pursuant to those courses in accordance with criteria, methods, and time periods to be determined by the University Council, operating pursuant to Section 30 paragraph two (2).
Section 57. The University Council shall procure evaluation of the work performance of the Rector and heads of the divisions in accordance with criteria, methods, and time periods specified in regulations of the University.
Section 58. The Rector shall procure evaluation of the work performance of those performing work in the University in accordance with criteria, methods, and time periods specified in regulations of the University.
Chapter 4
Accounting and Auditing
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Section 59. The University shall establish and maintain a system for accurate accounting, divided according to divisions of the University, with separate books of entries genuinely recording types of asset, debt, investment, income, and expenses, together with written entries for the source of each item, and it shall hold regular internal audits.
The recording of entries in the account books pursuant to paragraph one will be in accordance with generally accepted accounting standards.
Section 60. The University shall procure an internal audit system to audit the processes of the University and shall report the results of the audit to the President of the University Council to consider further action.
Regarding the audit pursuant to paragraph one, there shall be an Audit Committee appointed by the University Council.
The composition, number, qualifications, criteria, method of appointment, term of office and removal from office of the committee members, together with meetings and method of conduct of operations of the Audit Committee, will be in accordance with regulations of the University.
Section 61. The University shall prepare a financial report to submit to the auditor of the University no later than 90 days from the final day of the accounting year.
The first and last days of the accounting year of the University will be in accordance with announcements of the University.
Section 62. The auditor of the University will be the Office of the Auditor General or an external person whom the University Council will appoint with the approval of the Office of the Auditor General, and the auditor shall perform an audit certifying the accounts and finances of every type of the University every accounting year.
Section 63. The auditor will have the power to examine all account books and relevant documentary evidence of the University, and for this purpose will have the power to make enquiries of the Rector and those performing work in the University and may call for the submission of all additional account books and relevant documentary evidence of the University as necessary.
Section 64. The auditor shall make a report of the results of the examination of the bank accounts and finances for submission to the University Council no later than 150 days from the final date of the accounting year, for the University Council to submit to the Minister.
Section 65. The University shall prepare an annual report showing the results of the conduct of the work of the University over the past year, for submission to the University Council to evaluate the work performance of the University.
The University shall publish the annual report of the previous year, displaying the financial report certified by the auditor, together with the results of the conduct of the work of the University in the past year and the plan for the work prepared for the following year.
Section 66. The Rector is a person holding a high-level position pursuant to organic laws on anti-corruption.
Chapter 5
Supervision and Oversight
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Section 67. The Minister has powers and duties of supervision and general oversight of the activities of the University to ensure that they are in accordance with the objectives pursuant to Section 7 and are in line with the policies of the government or resolutions of the Council of Ministers relating specifically to the University. In the event that there is an issue of a conflict in the operations of the University that may cause damage to the public, the Minister shall make a proposal for the consideration of the Council of Ministers. When the Council of Ministers has made a decision on an issue, the relevant persons have the duty to act in accordance with the decision of the Council of Ministers.
Section 68. For matters that the University must submit to the Council of Ministers pursuant to this Act, the Minister will be the person to make the submission.
Chapter 6
Faculty Members
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Section 69. A full-time faculty member has the duty to teach, research, provide academic services, and give advice to students.
Faculty members shall perform their duties and conduct themselves in accordance with the Thammasat University Code of Ethics adopted by the University Council.
Section 70. The positions of full-time faculty members of the University are as follows:
(1) Professor
(2) Associate Professor
(3) Assistant Professor
(4) Lecturer
A Professor will be graciously appointed by His Majesty on the recommendation of the University Council.
The University Council may prescribe academic positions called by other names, by regulations of the University announced in the Government Gazette.
The qualifications, criteria, and methods of appointment and removal of persons from academic positions in the University will be in accordance with regulations of the University.
Section 71. A Professor who has special knowledge, ability, and expertise, and who has vacated his or her office without fault may be appointed by the University as an Honorary Professor in the branch of academia in which that Professor has expertise as an honour.
The qualifications, criteria, and methods of appointment and removal of Honorary Professors will be in accordance with regulations of the University.
Section 72. An Adjunct Professor will be graciously appointed by His Majesty from those holding the position, or who have previously held the position, of Adjunct Lecturer, Adjunct Assistant Professor, or Adjunct Associate Professor, and who have special knowledge and expertise, on recommendation of the University Council.
The qualifications, criteria, and methods of appointment and removal of Adjunct Professors will be in accordance with regulations of the University.
Section 73. The University Council may appoint a suitably qualified person, not being a full-time faculty member of the University, to the position of Adjunct Associate Professor or Adjunct Assistant Professor.
The Rector may appoint a suitably qualified person, not being a full-time faculty member of the University, to the position of Adjunct Lecturer on the recommendation of a Dean.
The qualifications, criteria, and methods of appointment and removal of Adjunct Associate Professors, Adjunct Assistant Professors, and Adjunct Lecturers will be in accordance with regulations of the University.
Section 74. Any person graciously appointed by His Majesty to the position of Professor or Adjunct Professor, or appointed to the position of Honorary Professor, Associate Professor, Adjunct Associate Professor, Assistant Professor, Adjunct Assistant Professor, or to an academic position called by another name pursuant to Section 70 paragraph three, has the right to use that academic position as their title to show his or her academic status in perpetuity.
In using the title pursuant to paragraph one, the following abbreviations may be used:
(1) Professor abbreviation Prof.
(2) Honorary Professor abbreviation Prof. (Honorary)
(3) Adjunct Professor abbreviation Prof. (Adjunct)
(4) Associate Professor abbreviation Assoc. Prof.
(5) Adjunct Associate Professor abbreviation Assoc. Prof. (Adjunct)
(6) Assistant Professor abbreviation Asst. Prof.
(7) Adjunct Assistant Professor abbreviation Asst. Prof. (Adjunct)
The use of titles and title abbreviations for academic positions that are called by other names will be in accordance with regulations of the University.
Chapter 7
Personnel Management
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Section 75. University Employees will be comprised of:
(1) Academic University Employees, being those occupying the following positions:
(a) Professor
(b) Associate Professor
(c) Assistant Professor
(d) Lecturer
(e) academic positions called by other names pursuant to Section 70 paragraph three; and
(2) University Employees providing academic support, being those occupying the positions specified by regulations of the University.
Aside from University Employee according to paragraph one, the University may have additional wage earners for performing work in the University.
Section 76. Subject to the provisions of this Act, personnel management of the University concerning the designation of positions, rates of salary, wages, compensation, welfare and other benefits, personnel development, instatement, appointment, payment of salary or wages, termination of employment, discipline, disciplinary processes, appeals or grievances of University Employees and wage earners, will be in accordance with regulations of the University.
Section 77. The University Council may prescribe ranks of professional, specialist professional, expert, specialist expert or other positions which are particular to University Employees providing academic support who have knowledge, ability, experience, work products, and quality of work in performance of their duties which demonstrates the use of professionalism or a high level of ability.
The qualifications, criteria for prescribing the positions, and methods of appointment and removal to the positions according to paragraph one will be in accordance with regulations of the University.
Section 78. Any University Employee or wage earner who receives a disciplinary penalty has the right to appeal against the order during the period of thirty days from the date on which he or she has knowledge of the order.
If any University Employee or wage earner is of the opinion that he or she has not been treated fairly or has a grievance due to the act or order of a supervisor, other than a penalty order or the establishment of a disciplinary investigation committee, he or she has the right to file a grievance claim during the period of thirty days from the date on which he or she is notified of the act or has knowledge of the order.
Section 79. There will be a committee with the duty of considering matters relating to appeals and matters relating to grievance claims.
The composition, number, qualifications, criteria, methods of appointment, term of office, and removal from office of its members, its powers and duties, together with meetings and method of conduct of operations of the committee pursuant to paragraph one, will be in accordance with regulations of the University.
Chapter 8
Degrees and Symbols of Academic Status
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Section 80. There are three levels of degrees:
Doctoral degree called dutsadibandit abbreviation D.
Master’s degree called mahabandit abbreviation M.
Bachelor’s degree called bandit abbreviation B.
Section 81. The University Council has the power to award degrees, diplomas, or certificates in the fields of academia that are taught in the University and may award or jointly award degrees, diplomas, or certificates in any field of academia in which it has engaged in education joint management with an advanced educational institution or other institution domestically or abroad or internationally.
The determination of which fields of academia have which levels of degree, diploma, or certificate, and what the abbreviations will be for each field of academia, will be in accordance with regulations of the University announced in the Government Gazette.
Section 82. The University Council may determine that a person who has graduated at bachelor’s degree level will receive a degree with honours.
The criteria for awarding a degree with honours will be in accordance with regulations of the University.
Section 83. The University Council may issue regulations of the University governing certificates and diplomas of the following levels:
(1) Doctoral certificate, issued to a person who has graduated in any field of academia after having received a doctoral degree or its equivalent.
(2) Master’s certificate, issued to a person who has graduated in any field of academia after having received a master’s degree or its equivalent.
(3) Bachelor’s certificate, issued to a person who has graduated in any field of academia after having received a bachelor’s degree or its equivalent.
(4) Diploma, issued to a person who has graduated in any field of academia before having received a bachelor’s degree.
(5) Other certificates, issued to persons who have graduated or completed research in a specific subject.
Section 84. The University has the power to award an honorary degree to a person whom the University Council considers to be an expert and virtuous, whose work is manifest and of benefit to society, deserving of that degree, provided that it may not award such a degree to full-time faculty members, persons holding a position in the University, the President of the University Council, or Counsellors of the University Council while holding that position.
The level, field of academia of the degree, and criteria for awarding an honorary degree will be in accordance with regulations of the University.
Section 85. The University may prescribe academic status gowns and academic status pins as symbols demonstrating the academic status of a person who has received a degree, doctoral certificate, master’s certificate, bachelor’s certificate, diploma, or other certificate, and may prescribe official gowns for the President of the University Council, Counsellors of the University Council, executives or full-time faculty members of the University.
Determination of the characteristics, kinds, types, and component parts of academic status gowns, academic status pins, and official gowns will be made by regulations of the University announced in the Government Gazette.
The occasions on which, and under which conditions, academic status gowns, academic status pins, and official gowns may be worn, will be in accordance with regulations of the University.
Section 86. The University may prescribe logos, symbols, or insignias of the University or of any division of the University, by regulations of the University announced in the Government Gazette.
The use of logos, symbols, or insignias pursuant to paragraph one for trading, or the use of such items other than for the benefit of the University or activities of the University, requires written approval of the University.
Section 87. The University may prescribe uniforms, symbols, or attire for students, University Employees, and wage earners of the University, by regulations of the University announced in the Government Gazette.
Chapter 9
Penalties
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Section 88. A person who uses an academic status gown, an academic status pin, official gown, uniform, symbol or attire of a student, University Employee or wage earner of the University, or anything that imitates any of the above, without the right to use it, or indicates by any means that he or she has a degree, doctoral certificate, master’s certificate, bachelor’s certificate, diploma, other certificate, or holds any position in the University that he or she does not have the right to, and if such act is done to cause another person to believe that he or she has the right to use one of the above or has such academic status or holds such position, he or she is liable to imprisonment for a term not exceeding six months or to a fine not exceeding fifty thousand baht or both.
Section 89. A person who commits one of the following acts is liable to imprisonment for a term not exceeding one year or to a fine not exceeding one hundred thousand baht or both:
(1) forging or making an imitation of a logo, symbol, or insignia of the University or a division of the University, regardless of any colour or method used;
(2) using a logo, symbol, or insignia of the University or a division of the University that is forged or an imitation; or
(3) using, or causing to appear, a logo, symbol, or insignia of the University or any division of the University on any objects or goods in violation of Section 86 paragraph two.
If a person who commits an offence pursuant to (1) also commits an offence pursuant to (2), he or she is liable for only one count of the offence pursuant to (2).
An offence pursuant to (3) is a compoundable offence.
Transitional Provisions
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Section 90. All activities, property, rights, obligations, budgets, and revenues of the University under the Thammasat University Act B.E. 2531 (1988) are hereby transferred to the University under this Act.
Section 91. The University Council and Faculty Senate under the Thammasat University Act B.E. 2531 (1988) shall continue to perform their duties until there is a University Council and a Faculty Senate under this Act.
Section 92. The government agencies within Thammasat University under the Thammasat University Act B.E. 2531 (1988), and agencies that the University Council has authorised and established in the University, existing on the day before this Act comes into force will be divisions of the University on a temporary basis until there are regulations of the University pursuant to Section 9 paragraph three, which shall be completed during the two years from and including the day this Act comes into force.
Section 93. The President of the University Council, Counsellors of the University Council, and the President of the Faculty Senate and committee members of the Faculty Senate under the Thammasat University Act B.E. 2531 (1988) who were occupying such positions on the day before this Act comes into force shall continue to perform the duties of the President of the University Council, Counsellors of the University Council, and the President of the Faculty Senate and committee members of the Faculty Senate until there is a University Council and Faculty Senate under this Act, which shall be the case not more than one year from and including the day this Act comes into force.
Section 94. The person occupying the position of Rector under the Thammasat University Act B.E. 2531 (1988) on the day before this Act comes into force will remain in that position until the end of his or her term of office provided that, if that person is a government official of the University, he or she shall demonstrate the intention to change status to become a University Employee under this Act during the period of thirty days from and including the day this Act comes into force.
On the expiry of the thirty-day period pursuant to paragraph one, if the person occupying such position has not demonstrated his or her intention to change status to become a University Employee, he or she shall vacate his or her position and the provisions of paragraph two of Section 99 will apply, mutatis mutandis.
The persons occupying the position of Associate Rector or Assistant Rector under the Thammasat University Act B.E. 2531 (1988) on the day before this Act comes into force will remain in that position until the person occupying the position of Rector vacates his or her position.
Section 95. The persons occupying the position of Dean, Director, head of an academic department, or head of a government agency that is called by another name having equivalent status to a faculty or academic department under the Thammasat University Act B.E. 2531 (1988) on the day before this Act comes into force will remain in the position of Dean, Director, head of an academic department, or head of such division or agency under this Act until the end of their terms of office.
The persons occupying the position of Associate or Assistant of the positions according to paragraph one will remain in that position until the person in the position according to paragraph one vacates his or her position.
Section 96. The calculation of the term of office of the Rector pursuant to Section 36, a Dean pursuant to Section 41, and a Director or head of a division that is called by another name pursuant to Section 47, will include the period in which they occupied that position pursuant to the Thammasat University Act B.E. 2531 (1988).
Section 97. A person occupying the position of Director of the Office of the Rector, Director of a division, Secretary of a faculty, Secretary of an institute, Secretary of a bureau, or head of an agency that is called by another name, on the day before this Act comes into force and who is a government official of the University will remain in that position provided that, if they he or she has not demonstrated his or her intention to change status to University Employee during the three years from and including the day this Act comes into force, he or she shall vacate his or her position, unless that position is abolished before that time.
Section 98. All government officials, wage earners of a government division, government employees, and employees of Thammasat University under the Thammasat University Act B.E. 2531 (1988) will be transferred to become government officials, wage earners of a government division, government employees, and University Employees under this Act.
For the benefit of personnel management of the government officials, wage earners of a government division, and government employees pursuant to paragraph one, it will be deemed that the University is a government division and such government officials, wage earners of a government division, and government employees will receive their salary, wages, and other moneys through the University as disbursements from the personnel budget of the national budget, paid in the form of salary, regular wages, and other relevant moneys, and the law on the rules on civilian government officials in higher educational institutions, the rules of the Ministry of the Finance on wage earners of a government division, or the rules of the Office of the Prime Minister on government employees will be enforced as applicable.
In the event that any law, principle, regulation, or rule issued pursuant to the law on the rules on civilian government officials in higher educational institutions, the rules of the Ministry of the Finance on employees of government agencies, or the rules of the Office of the Prime Minister on government employees, enforceable pursuant to paragraph two, are not in alignment with this Act, or in the event that they cannot be applied for any reason, proceeding may be made in a manner which is not in alignment with this Act or in a manner which is to not apply such law, directive, regulation, or rule, in accordance with regulations of the University.
Section 99. In respect of a government official or wage earner of a government division according to Section 98 who:
(1) demonstrates his or her intention to change his or her status to University Employee or wage earner of the University under this Act during the period of one year from and including the day on which this Act comes into force, the University shall proceed with his or her instatement as a University Employee or wage earner of the University, as applicable, without delay.
(2) demonstrates his or her intention to change his or her status to University Employee or wage earner of the University under this Act after the expiry of the period according to subsection (1), but not more than three years from and including the day this Act comes into force, when the University, following evaluation, is of the view that he or she has knowledge and ability according to criteria specified by the University, the University shall proceed with his or her instatement as a University Employee or wage earner of the University, as applicable, with no probationary period.
(3) demonstrates his or her intention to change his or her status to University Employee or wage earner of the University under this Act after the expiry of the period according to subsection (2), if the University is of the view that accepting such person to work will be of benefit to the University and there is employment availability for such position, it may proceed in accordance with regulations of the University.
The demonstration of intention according to paragraph one will be made in accordance with regulations of the University, and when the demonstration of intention has been confirmed, it is irrevocable.
Section 100. A person whom the University accepts as a University Employee or a wage earner of the University pursuant to Section 94, Section 97 or Section 99 will receive no less salary, wages, welfare, and other compensatory benefits than he or she received prior to becoming University Employee or wage earner of the University.
Section 101. A government official whom the University accepts as a University Employee pursuant to Section 94, Section 97 or Section 99 will be deemed to have been discharged from government service through dissolution or termination of a government position according to the law on government gratuity and pensions or the law on government gratuity and pension funds, as applicable, effective on the day on which the University accepts him or her as a University Employee.
An wage earner of a government division whom the University accepts as University Employee or wage earner of the University pursuant to Section 99 will be deemed to have been discharged from their work through termination of a government position and will have the right to receive a pension according to the rules of the Ministry of the Finance on pensions of wage earners.
A government official who is already a member of a government gratuity and pension fund has the right to request to remain a member, notwithstanding his or her discharge from government service. In such a case, it will be deemed that he or she is a government pensioner, with the same right to receive government welfare as a person who receives a pension pursuant to the law on government gratuity and pension funds.
A University Employee who has received rights and benefits in the status of a government pensioner will be exempt from the application of the law on social security but will not be deprived of his or her right to voluntary insurance.
Section 102. During the period when there are government officials and wage earners of a government division, pursuant to Section 98, performing work in the University according to this Act, such government officials and wage earners of a government division may participate in the activities of the University Council, Faculty Senate, or University Employee Council on an equal basis with University Employees, as applicable and in accordance with regulations of the University.
Section 103. Faculty Committees, committees of colleges, institutes, bureaus, centres, and other committee members that have been appointed or selected under the Thammasat University Act B.E. 2531 (1988) or pursuant to resolutions of the University Council, occupying such positions on the day before this Act comes into force, will continue to have the status of members of such committees and shall perform their duties as executive committees of divisions according to this Act, or to perform the duties for which they were appointed or selected until the appointment or selection of new committees pursuant to this Act, which shall be the case not more than one hundred and eighty days from and including the day on which this Act comes into force.
Section 104. The positions of Professor, Honorary Professor, Adjunct Professor, Associate Professor, Adjunct Associate Professor, Assistant Professor, Adjunct Assistant Professor, and Lecturer of Thammasat University under the Thammasat University Act B.E. 2531 (1988) will be the positions of Professor, Honorary Professor, Adjunct Professor, Associate Professor, Adjunct Associate Professor, Assistant Professor, Adjunct Assistant Professor, and Lecturer under this Act, and persons occupying such positions will continue to occupy their positions under this Act.
Persons who are Adjunct Lecturers of Thammasat University under the Thammasat University Act B.E. 2531 (1988) on the day before this Act comes into force will be Adjunct Lecturers of the University under this Act until the end of their appointment.
Section 105. Rights to succeed the position of Professor, Associate Professor, Assistant Professor, or any other position of a government official or employee transferred pursuant to Section 98 or having changed status pursuant to Section 99, and rights to promotion of wage earners of a government division will not be lost by reason of change of status, or of not changing status, to become a University Employee.
Section 106. In the event that the position of a government official or wage earner of a government division in the University becomes vacant, regardless of whether it was vacant before or after the day on which the Act comes into force, that position will be abolished, and the availability for the position and the national budget for the position, together with the personnel budget, paid in the form of salary, regular wages, and other relevant monies for that position will be transferred to the University and it will be deemed that the budget transfer is a transfer of budget expenditure pursuant to the law on budgetary methods.
Section 107. For the benefit of conduct in accordance with these transitional provisions, there will be an ad hoc committee, comprised of the President of the University Council as president of the committee, a representative of the Ministry of Finance, a representative of the Ministry of Education, a representative of the Budget Bureau, a representative of the Office of the Council of State, the Rector, the President of the Faculty Senate, the President of the Government Official Council, and two Expert Counsellors of the University Council as committee members.
The Rector shall appoint one Associate Rector as committee member and secretary.
The ad hoc committee shall perform the duties to provide opinions and lay down operating guidelines in the event that there is an issue in operating in accordance with the transitional provisions.
The ad hoc committee shall perform its duties until the operations in accordance with these transitional provisions have been completed.
Section 108. Regulations, rules, and announcements shall be issued in order to operate in accordance with this Act, to be completed during the two years from and including the day this Act comes into force.
During the time when regulations, rules, or announcements pursuant to paragraph one have not been issued, royal degrees, orders of the Ministry of University Affairs, and announcement of the Ministry of University Affairs, regulations, rules and announcements issued pursuant to the Thammasat University Act B.E. 2531 (1988) existing on the day before this Act comes into force will apply, mutatis mutandis, to the extent that they do not conflict with or contradict this Act.
Countersigned
General Prayut Chan-ocha
Prime Minister
Note:- The reason for promulgating this Act is that it is appropriate to improve higher education in line with economic and social changes by encouraging state universities to develop into universities of the state that are not government agencies but are under the supervision of the state, for the benefit of administration that is independent and flexible, to be able to manage higher education with more quality and effectiveness. Higher education management must take into account independence, the ability to develop management systems and to have academic excellence which is in line with the law on national education. Thus, it is appropriate to improve the administration of Thammasat University in accordance with such guidelines, and therefore it is necessary to enact this Act.
[1] Published in the Government Gazette, Vol. 132, part 66 a, page 49, dated 17th July B.E. 2558 (2015).
