CHAPTER X
Office of the National Counter Corruption Commission
_______________
Section 104. There shall be the Office of the National Counter Corruption Commission called the "Office of the N.C.C." in brief, as an independent Government agency under the Constitution, which shall be ascribed the status of Department under the law on organisation of State administration.
Section 105. The Office of the N.C.C. has the powers and duties in connection with the general official affairs of the N.C.C. Commission and shall have the powers and duties as follows:
(1) to be responsible for the administrative work of the N.C.C. Commission;
(2) to study and gather data related to the work of the N.C.C. Commission;
(3) to study, and encourage the studies and research in, and disseminate knowledge about corruption in the governmental and political circles;
(4) to perform other acts as entrusted by the N.C.C. Commission.
Section 106. A Government official of the Office of the N.C.C. is the person recruited and appointed as the Government official under this Organic Act.
The Government official of the Office of the N.C.C. shall be the Government official under the law on Officials' Pension Fund.
Section 107. The N.C.C. Commission shall have the power to issue regulations or notifications with respect to general administration, personnel administration, budget, finance and property and other businesses of the Office and, in particular, with respect to the following matters:
(1) internal organisation of the Office of the N.C.C. and the scope of duties of such Government agency;
(2) qualifications, selection, recruitment, appointment, trial performance of official duties, transfer, elevation of position, vacation of office, elevation of salary scale, special remuneration, resignation from official service, suspension of official service, temporary dismissal from official service, disciplines, disciplinary inquiry and penalty, the lodging of a complaint and the appeal against a penalty, in respect of Government officials and employees of the Office;
(3) the acting for and acting as the holder of a position of Government official of the Office of the N.C.C.;
(4) the prescription of working days and hours, traditional holidays, annual holidays and leave of absence of Government officials of the Office of the N.C.C.;
(5) the prescription of the uniform and dress of the Government officials of the Office of the N.C.C.;
(6) the employment and appointment of a person as an expert or specialist beneficial to the performance of official duties of the N.C.C. Commission as well as the rate of remuneration therefor;
(7) the appointment of a person or a group of persons for carrying out any act as entrusted;
(8) the budget and procurement administration and management of the Office of the N.C.C.;
(9) the provision of welfare or other aids to Government officials of the Office of the N.C.C.;
(10) the keeping of the personnel record and the control of retirement of Government officials of the Office of the N.C.C.;
(11) the prescription of procedures and conditions for the employment of employees of the Office of the N.C.C. and the prescription of the uniform and dress, working days and hours, traditional holidays, annual holidays, leave of absence and the provision of welfare or other aids to employees of the Office of the N.C.C..
The regulations and notifications under paragraph one shall be signed by the President and shall come into force upon their publication in the Government Gazette.
Section 108. The Office of the N.C.C. shall have Secretary-General of the National Counter Corruption Commission who shall be responsible for the work performance of the Office of the N.C.C. and directly answerable to the President and shall be the superior of Government officials and employees of the Office of the N.C.C.. For these purposes, there may also be Deputy Secretary-General or Assistant Secretary-General of the National Counter Corruption Commission to assist in directing and performing official duties.
The Secretary-General shall represent the Office of the N.C.C. in its affairs vis-?-vis third persons. For this purpose, the Secretary-General may delegate powers to any person to perform any particular act, in accordance with the regulations prescribed and published in the Government Gazette by the N.C.C. Commission.
Section 109. The Secretary-General shall hold office for a term of six years and shall serve for only one term.
In addition to vacation of office at the expiration of the term, the Secretary-General vacates office upon:
(1) death;
(2) termination of official service under the law on official pensions;
(3) resignation;
(4) removed by the Royal Command upon approval of the N.C.C. Commission and the Senate;
(5) being expelled or dismissed in accordance with the disciplinary penalty;
(6) being a bankrupt;
(7) being imprisoned by a final judgment except for an offence committed through negligence or a petty offence;
(8) being an incompetent person or a quasi-incompetent person;
(9) being a political official, senator, member of the House of Representatives, member of a political party, or executive member or holder of a position with the responsibility in the administration of a political party;
(10) being a manager, director, counsel, representative or employee of a person, partnership, company or any organisation carrying out business for profits.
Section 110. The law on civil service insofar as it concerns ordinary Government officials shall apply mutatis mutandis to the prescription of positions and salary scales as well as emoluments of Government officials of the Office of the N.C.C. and, for this purpose, the expression "C.S.C. shall mean the N.C.C. Commission and the expression "Government agency ascribed the status of a Department the head of which has responsibility in the performance of official duties with direct answerability to the Prime Minister" shall mean the Office of the N.C.C..
Section 111. The law on salaries and emoluments shall apply mutatis mutandis to the salary scales, rates of emolument and the entitlement to emoluments of Government officials of the Office of the N.C.C..
The payment of salaries and emoluments to Government officials of the Office of the N.C.C. shall be in accordance with the law on that particular matter.
Section 112. The recruitment of persons to be Government officials of the Office of the N.C.C. and their appointment to any positions shall be made by the following persons:
(1) with respect to the recruitment and appointment to the position of Secretary-General, the President shall make the recruitment with the approval of the N.C.C. Commission and the Senate and shall present it to the King for appointment;
(2) with respect to the recruitment and appointment to the position of Deputy Secretary-General or its equivalent, the President shall make the recruitment and present it to the King for appointment;
(3) with respect to the recruitment and appointment to any position other than in (1) and (2), the Secretary-General shall make the recruitment and appointment.
Section 113. A transfer of an official of a municipality who is not an extraordinary official of a municipality, official of a Tambon Administrative Organisation and a transfer of a Government official under other law for recruitment as a Government official of the Office of the N.C.C. may be made on the basis of that person's consent. For this purpose, the person having the power to make the recruitment shall make an agreement with the original agency and refer it to the N.C.C. Commission for consideration and approval. The N.C.C. Commission shall consider and prescribe the position to which the appointment is to be made and the salary scale therefor, provided that the salary granted must not be higher than that of the Office of the N.C.C.'s Government official who possesses the same qualifications, ability and expertise.
For the purpose of the computation of the duration of the Government service, the time of service or working time of the person transferred under paragraph one while being the official or Government official shall also be regarded as the time of service of the Government official of the Office of the N.C.C. under this Organic Act.
A transfer of a political official and a Government official, who is under a trial performance of official duties, to be a Government official of the Office of the N.C.C. under this Organic Act shall not be made.
Section 114. Government officials of the Office of the N.C.C. are entitled to the same pensions and benefits in accordance with the laws on such matters as those to which ordinary Government officials are entitled.
Section 115. The Office of the N.C.C. shall present to the Council of Ministers the budget in accordance with the resolution of the N.C.C. Commission for the purpose of incorporating it in the annual appropriations bill or the supplementary appropriations bill, as the case may be, in order to set it aside as subsidies of the N.C.C. Commission and the Office of the N.C.C.. In this instance, the Council of Ministers may also prepare the opinion with regard to the allocation of budget of the N.C.C. Commission and the Office of the N.C.C. and enclose the opinion in the memorandum pertaining to the introduction of the annual appropriations bill or the supplementary appropriations bill.
Section 116. In introducing or considering the budget, the annual appropriations bill or the supplementary appropriations bill under section 115 or in considering any matter in connection with the N.C.C. Commission or the Office the of N.C.C., if the Secretary-General makes a request, the Council of Ministers, the House of Representatives, the Senate or the parliamentary committee concerned may allow the Secretary-General or the person entrusted by the Secretary-General to give explanations.
Section 117. The Office of the N.C.C. shall be the audit reception centre under the organic law on State audit.
When the Office of the State Audit has audited and certified all types of accounts and financial matters of the N.C.C. Commission and the Office of the N.C.C., it shall present the audit report to the House of Representatives, the Senate and the Council of Ministers without delay.
