SPORTS AUTHORITY OF THAILAND ACT, B.E (2015)

Transcription

1 Unofficial Translation * SPORTS AUTHORITY OF THAILAND ACT, B.E (2015) BHUMIBOL ADULYADEJ, REX. Given on the 20 th Day of March B.E. 2558; Being the 70 th Year of the Present Reign. His Majesty King Bhumibol Adulyadej is graciously pleased to proclaim that: Whereas it is expedient to revise the law on Sports Authority of Thailand; Be it, therefore, enacted by the King, by and with the advice and consent of the National Legislative Assembly, as follows: (2015). Section 1. This Act is called the Sports Authority of Thailand Act, B.E Section 2. 1 This Act shall come into force as from the day following the date of its publication in the Government Gazette. Section 3. The following shall be repealed: (1) Sports Authority of Thailand Act, B.E. 2528; (2) Sports Authority of Thailand Act (No.2), B.E Section 4. In this Act: Sports Personnel means persons relating to the development of sports, such as umpire, trainer, and management of sports organisation, provided that it shall be as prescribed by the Commission; * Translated by Mr. Sitthi Leekbhai, and reviewed by Prof. Phijaisakdi Horayangkura under contract for the Office of the Council of State of Thailand's Law for ASEAN project. -Initial Version pending review and approval by the Office of the Council of State. 1 Published in the Government Gazette, Vol. 132, Part 21a, dated 26 th March B.E (2015).

2 2 Tax means tax under the law on spirits, and tobacco stamp duty under the law on tobacco; Sports Association means sports association which undertake activities relating to sports and is registered under this Act; Fund means National Sports Development Fund; Commission means Sports Authority of Thailand Commission; Commissioner means Commissioner of Sports Authority of Thailand; Governor means Governor of Sports Authority of Thailand; Deputy Governor means Deputy Governor of Sports Authority of Thailand; Officer means officer of Sports Authority of Thailand, and shall include Deputy Governor of Sports Authority of Thailand; Employee means employee of Sports Authority of Thailand; Registrar means central sports association registrar, Bangkok sports association registrar, or Changwat sports association registrar, as the case may be; Minister means Minister having charge and control of the execution of this Act. Section 5. The Minister of Tourism and Sports shall have charge and control of the execution of this Act, and shall have the power to issue Ministerial Regulations prescribing the fee not exceeding the rate annexed to this Act, and prescribe other undertakings, or issue rules for the execution of this Act. Such Ministerial Regulations or rules shall come into force upon their publication in the Government Gazette. CHAPTER I ESTABLISHMENT, CAPITAL AND RESERVES Section 6. There shall be established an organisation called Sports Authority of Thailand, abbreviated as SAT, and shall be named in English Sports Authority of Thailand, abbreviated as SAT, and there shall be an emblem of SAT. The shape and character of the emblem under paragraph one shall be prescribed in the Ministerial Regulation.

3 3 Section 7. SAT shall be a juristic person having headquarter in Bangkok or nearby Changwat, and there may be established branch offices or agencies at any other place either within or outside the Kingdom; however, the establishment of an branch office outside the Kingdom shall be approved by the Council of Ministers. Section 8. SAT has the following objectives: (1) to promote sports; (2) to act as the focal point in the coordination relating to sports; (3) to study, analyse, research, and prepare projects, work plan, and statistics relating to the promotion of sports including the assessment; (4) to provide, assist, suggest, and cooperate in the preparation and undertaking of sports activities; (5) to explore, build and renovate sports premises; (6) to contact and cooperate with sports organisations or associations both within and outside the Kingdom; (7) to monitor and supervise sports activities undertakings; (8) to launch, develop, promote, and support sports for persons with disabilities; (9) to undertake any other acts relating to or for the benefit of sports. Section 9. SAT shall have the power to act within the scope of its objectives under section 8, and such power shall include: (1) to hold ownership or possessory right or real rights, to construct, purchase, procure, sell, dispose of, hire, let, let for hire-purchase, borrow, lend, accept pledge, accept mortgage, exchange transfer, accept transfer, or to act in any manner relating to property both within and outside the Kingdom, as well as accept properties donated to it; (2) to borrow money both from within and outside the Kingdom, provided that it shall be as per the regulation prescribed by the commission; (3) lend money with surety or security for the benefit of the operation of SAT, provided that it shall be as per the regulation prescribed by the commission. Section 10. Capital of SAT consists of: (1) money and properties transferred to it under section 131; (2) money received from the State budget to be capital or for the operation;

4 4 (3) money or properties donated to it; (4) income under section 99. Section 11. SAT may have the following incomes: (1) income from the property of the SAT; (2) subsidy from the Government; (3) income from the holding of sports competition; (4) other incomes. Section 12. Reserves of SAT shall consist of ordinary reserve for contingencies, reserve for amortisation, and other reserves for each specific purpose as the commission thinks fit. Ordinary reserve may be expended only by the resolution of the commission. judgement. Section 13. Properties of SAT shall not be subject to the execution of CHAPTER II COMMISSION AND GOVERNOR Section 14. There shall be a commission called Sports Authority of Thailand Commission consisting of: (1) Minister of Tourism and Sports as president; (2) Permanent Secretary for Tourism and Sports as first vice-president; (3) Permanent Secretary for Finance as second vice-president; (4) Permanent Secretary for Defence, Permanent Secretary for Interior, Permanent Secretary for Education, Director of Bureau of the Budget, President of the Olympic Commission of Thailand under the Royal Patronage of His Majesty the King, and President of the Paralympic Commission of Thailand as members; (5) a representative of sports association that use the term of Thailand from the self-selection among presidents of sports association that use the term of Thailand as member;

5 5 (6) a representative of Changwat sports association from the self-selection among presidents of Changwat sports association as member; (7) not exceeding three qualified members appointed by the Council of Ministers, provided that at least one of them shall be appointed from qualified persons having knowledge, expertise, or experience in law, and one in medicine, sports administration or sports science as members. The Governor shall be member and secretary. Criteria and procedures of the selection of member under (5) and (6) shall be as per the rules prescribed by the Minister. Section 15. Members under 14 (5), (6), and (7) shall not be an Officer or Employee, and shall have the qualifications and not be under prohibitions under the law on standard qualifications for directors and officers of State Enterprises. Section 16. Members under 14 (5), (6), and (7) shall hold office for a term of three years and may be reselected or reappointed, but shall not hold office for more than two consecutive terms. In the case where the member under paragraph one vacates office before the expiration of term, a replacement shall be selected or appointed within 90 days as from the date of the vacancy of office unless the remaining term is less than thirty days, there may not be the selection or appointment. In the case where members under 14 (5), (6), or (7) vacates office before the expiration of term or in the case where the Council of Ministers appoint an additional member under section 14 (7) while the already-appointed members are still in office, the selected or appointed replacement or addition shall hold office for the remaining term of the members already selected or already appointed. Upon the expiration of term under paragraph one, if members under 14 (5), (6), and (7) are not yet selected or appointed, the members whose term is expired shall remain in office to continue perform duties until the new selected or appointed members assumes his of her duties. Section 17. Apart from the vacation of office at the expiration of term under section 16, a member under 14 (5), (6), and (7) vacates office upon: (1) death;

6 6 (2) resignation: (3) become incompetent or quasi-incompetent person; (4) being absent from three consecutives commission meetings without justification; (5) being disqualified or under any of the prohibitions under section 15. A member under section 14 (5) or (6), in addition to vacation from office under paragraph one, shall vacate office when vacate the office of the president of the sports association using the term of Thailand or Changwat sports association as the case may be. A member under section 14 (7), in addition to vacation from office under paragraph one, shall vacate office upon the order of the Council of Ministers. In the case where a member under section 14 (5), (6), or (7) vacates office before the expiration of term, or in the case where the office of the Governor is vacant and no replacement is appointed yet, the Commission shall comprise of the remaining members, but the number of members shall not be less than two-third of the number of full members. Section 18. For the benefit of the activities of SAT, the Commission shall have the power to appoint sub-commissions to carry out any of the activity of SAT and submit reports to the Commission. Section 19. The Commission shall have the authorities to impose policies and exercise general supervision of activities of SAT, such authorities shall include: (1) to issue regulations or rules to ensure the compliance with section 8 and section 9; (2) to issue regulations on meeting and undertaking of activities of the Commission, Fund Administration Commission, and sub-commissions; (3) to issue regulations on division of units and administration of SAT (4) to issue regulations on work performance of the Governor and delegation of power to other person to perform on behalf of the Governor; (5) to issue regulation prescribing position, salary rate, wages, and other remunerations of officers and employees;

7 7 (6) issue regulations on recruitment, appointment, salary or wage promotion, vacation from office, disciplinary measures, punishment, and appeal against punishment of officers and employees; (7) issue rules on filing of petitions of officers and employees; (8) issue regulations on aid fund or other aids for the welfare of the Officers, Employees and their families; (9) issue regulations on expenses, and remuneration to the President, commissioners, Governor, Officers, Employees and persons working for SAT, with the approval of the Ministry of Finance; (10) issue rules on uniform of the Governor, Officers, and Employees; (11) issue rules on finance and administration of income of SAT; (12) issue rules on the receipt of money, disbursement of money, maintenance of money, administration of fund, and earning of benefit, with the approval of the Ministry of Finance; (13) dispose of properties from the account. In regard of regulations or rules under paragraph one, any limitation of the power of Governor in the making of juristic acts shall be published in the Government Gazette. Section 20. The Commission shall appoint a Governor, with the approval of the Council of Ministers. Section 21. The Governor, in addition to having qualifications and not being under prohibitions under the law on standard qualification for commissioners and officers of State enterprises, shall not be under the following prohibitions: (1) being an interested person in sports business; (2) being an interested person in the contract whereby SAT is a party, or in the enterprise working for SAT either directly or indirectly, unless he or she is a shareholder for investment in good faith in a limited company or public limited company, or is a limitedliability partner in the enterprise which involved in such interest, or is a person entrusted by the Commission to be president, director, manager, or operator in a limited company or public limited company which SAT is a shareholder. Section 22. The Governor vacates office upon:

8 8 (1) death; (2) resignation; (3) being incompetent or quasi-incompetent; (4) being disqualified or under prohibition under section 21; (5) the Commission has a resolution to terminate the contract; (6) expiration of the term of the contract. The resolution of the Commission to terminate the contract under (5) shall comprise of votes not less than two-third of the existing Commissioner excluding the Governor, and shall be submitted to the Council of Ministers for acknowledgement. Section 23. The Governor has the duty to administrate the affairs of SAT to be in accordance with the objectives and authorities of SAT, and in accordance with the policies, regulations, and rules prescribed by the Commission, and have the power to command all Officers and Employees, regardless of position. The Governor must be responsible to the Commission in the administration of the affairs of SAT. Section 24. The Governor has the power to (1) recruit, appoint, remove, promote, demote, cut salaries or wages, impose disciplinary punishment on Officers and Employees, as well as remove Officers and Employees from the position under the regulations or rules prescribed by the Commission. However, in the case of Officers or Employees in the level of advisor, expert, head of division, or those of the same level or higher, the Commission s approval is required; (2) impose conditions in the work of Officers and Employees and issue rules on the work of SAT without being contrary to or inconsistent with regulations or rules prescribed by the Commission. Section 25. The Deputy Governor shall have the power to command officers and employees of all position inferior to the deputy governor, and shall have authorities to undertake activities of SAT as entrusted by the Governor. Section 26. In the case where the Governor is not able to perform the duty, or when the office of the Governor is vacant and no replacement has been appointed, the Deputy-Governor shall be the acting Governor. If there is no Deputy-Governor, or the

9 9 Deputy-Governor is unable to perform the duty, the Commission shall appoint an Officer as the acting Governor. In the course of performance of the Deputy-Governor, or acting Governor under paragraph one, the Deputy-Governor or acting Governor shall have the same authorities as those of the Governor except those of the Governor in the capacity of Commissioner. Section 27. In the activities relating to a third party, the Governor shall be the representative of SAT, and for this purpose, the Governor may delegate any person to perform any specific task, provided that it must be in compliance with the regulations prescribed by the Commission. Section 28. The President and Commissioners shall receive the remuneration as prescribed by the Council of Ministers. CHAPTER III CHANGWAT SPORTS COMMISSION Section 29. In each Changwat excluding Bangkok, there shall be a Changwat Sports Commission, and the Office of the Changwat SAT shall have the duty to be responsible for administrative work, conferences, analysis of information and undertakings relating to the work of Changwat Sports Commission. Section 30. A Changwat Sports Commission consists of: (1) Changwat Governor as President (2) Deputy Changwat Governor entrusted by the Changwat Governor as vicepresident (3) Changwat Tourism and Sports official, Changwat Public Health doctor, Head of the Changwat Administrative Organisation, and head of the Changwat Sports association as member; (4) a representative of director of education district office in that Changwat as member;

10 10 (5) a representative of local administrative organization which is not Changwat administrative organization as member; (6) two representatives of private sector in that Changwat as member; (7) not less than four, but not more than eight qualified persons as member, provided that one of them must possess knowledge, expertise or experience in sports for persons with disabilities. The commissioner of Changwat SAT shall be member and secretary, and the Secretary-General of Changwat sports association shall be member and assistant secretary. Criteria and procedures in the acquisition, term of office, and vacation from office of a member under (4), (5), (6), and (7) shall be as per the rules prescribed by the Commission. Section 31. Changwat Sports Commission shall have the following authorities: (1) to propose policies, work plan, and sports promotion project within the Changwat to the Commission; (2) to undertake to accomplish the objective of SAT under section 8; (3) to cooperate, assist, and support SAT, sports associations, and sports agencies relating to sports competition and sports activities of Changwat; (4) to issue regulations on conference and the discharge of power and duties; (5) to perform other task entrusted by the Commission. Section 32. Section 16, and Section 17 shall apply to Changwat Sports Commission mutatis mutandis. CHAPTER IV SPORTS PROMOTION AND SUPPORT Section 33. For the purpose of sports promotion and support, the Commission has the power to grant scholarship, property or other benefit to Changwat sports commission, Sports Association, sportsperson, or Sports Personnel so as to use in sports promotion and support. In addition, the Commission has the power to aid in other manner for the welfare of sportsperson and Sports Personnel.

11 11 In regard to the grant of scholarship, property, or other benefit so as to use in sports promotion and support, or aid in other manner for the welfare of sportsperson and Sports Personnel under paragraph one, the Commission may impose a condition thereupon. Criteria for the consideration and classification of person deserving the scholarship, property, or other benefit in the sports promotion and support or other aid under paragraph one shall be in accordance with the regulations prescribed by the Commission. Section 34. A Changwat sports commission, Sports Association, sportsperson, or Sports Personnel who wish to apply for scholarship, property, benefit, or other aid under section 33 shall submit a request to SAT as per the criteria, procedures, and form prescribed by the Commission. Section 35. In the case where the Changwat sports commission, Sports Association, sportsperson, or Sports Personnel receiving the scholarship, property, benefit, or other aid under section 33 violates or fails to abide by the conditions prescribed by the Commission, the Commission shall have the power to order the cancellation of scholarship, property, benefit, or any other aid, either wholly or partly. If the Commission considers that the contravention or failure is not an intentional act, it may give a written notice to redress or behave within the time limit. If after the limit has passed, such Changwat sports commission, sports association, sportsperson, or sports personnel does not redress or behave, the Commission shall proceed as per paragraph one. CHAPTER V NATIONAL SPORTS DEVELOPMENT FUND Section 36. There shall be established a fund called National Sports Development Fund in SAT so as to be a revolving fund for expenditure on promotion, support, development, safeguard, aid, and provision of welfare relating to sports, comprising of the following money and properties: (1) fund maintenance fee collected under section 37; (2) money and properties transferred under section 133;

12 12 (3) endowment fund provided by the Government; (4) subsidy from the Government, or from annual expenditure budget as required; (5) income or benefit arising from the fund; (6) income from operations of the fund; (7) money or properties donated to it; (8) other income. SAT shall maintain money and properties of the fund and undertake the withdrawal and payment thereof under this Act. Money and properties under paragraph one shall belong to SAT to so as to utilize in accordance with the objective of the fund without having to remit to the treasury as State income. Section 37. The fund shall have the power to collect fund maintenance fee from persons having the duty to pay tax under the law on spirits and the law on tobacco at the rate of two percent of the tax collected from spirits and tobacco under the law on Spirits and the law on tobacco. In the calculation of fund maintenance fee as per the rate under paragraph one, fragment of a Satang shall be rounded down. Section 38. For the purpose of collection and submission of fund maintenance fee: (1) the Excise Department and the Customs Department shall be those collecting the fund maintenance fee to remit as income of the fund without having to remit to the treasury as State income, provided that it shall be in accordance with the rules prescribed by the Minister of Finance; (2) fund maintenance fee shall be deemed tax, but shall not be included in the calculation of taxable value. Section 39. The person having the duty to pay tax under the law on spirits and the law on tobacco shall have the duty to remit the fund maintenance fee at the rate prescribed in section 37 simultaneously with the payment of tax under the rules prescribed by the Minister of Finance.

13 13 Section 40. In the case where the person having the duty to pay tax under the law on spirits and the law on tobacco is exempted from or is reimbursed the tax, he or she shall also be exempted from or reimbursed the fund maintenance fee under the rules prescribed by the Minister of Finance. Section 41. In the case where the person having the duty to remit the fund maintenance fee fails to remit, or remit after the prescribed period has ended, or remit less than the amount he or she has to remit, in addition to be penalised under this Act, he or she shall pay additional fee at the rate of two per cent per month of the amount not remitted, or remitted after the prescribed period has ended, or the amount unremitted, as the case may be, as from the due date until the remission date. However, the additional fee shall not be more than the fund maintenance fee, and this additional fee shall be deemed fund maintenance fee as well. In the calculation of period under paragraph one, fraction of a month shall be counted as a month. Section 42. The money of the fund shall be spent on the following operations: (1) to promote and support sports operations both domestically and internationally; (2) to promote and support the development of sportspersons, Sports Personnel, and Sports Associations; (3) to promote and support the preparation of sportspersons to be sportsperson to participate domestically and internationally; (4) to support prizes to sportspersons, Sports Personnel, and Sports Association with the term of Thailand which has committed good deed to nation s sports or bring reputation and dignity to the nation; (5) support academic scholarship to sportspersons, and Sports Personnel; (6) support on welfare to sportspersons, Sports Personnel, and person having had an accident or been damaged or harmed from sports competitions, and other case deserved to be aided. In addition to the expenditure of fund money under paragraph one, there shall be allocated fund money to be expense in the administration of fund under the rules prescribed by the Commission.

14 14 Section 43. There shall be a fund administration committee, comprising of: (1) the Deputy Prime Minister entrusted by the Prime Minister as president; (2) Minister of Tourism and Sports as first vice-president; (3) Permanent Secretary for Tourism and Sports as second vice-president; (4) Permanent Secretary for Finance as third vice-president; (5) representative of Bureau of the Budget, representative of Comptroller General s Department, President of the Olympic Commission of Thailand under the Royal Patronage of His Majesty the King, and President of the Paralympic Commission of Thailand as members; (6) a representative of sports association using the term of Thailand from the self-selection among presidents of sports association using the term of Thailand as member; (7) a representative of Changwat sports association from the self-selection among presidents of Changwat sports association as member; (8) not exceeding two qualified members, who are not officers; one is appointed from qualified person having knowledge, expertise, or experience in economic or finance, and another in medicine or sports science as members. The Governor shall be fund administration committee member and secretary. A fund administration committee member under (6), (7), and (8) may not be the member under section 14 (5), (6), or (7) simultaneously. Criteria, qualification and procedures of the selection of fund administration committee members under (6) (7) and (8) shall be in accordance with the rules prescribed by the Commission. Section 44. Fund administration committee member under section 43 (6), (7), and (8) shall hold office for a term of three years, and may be selected or reappointed but may not hold office for more than two consecutive terms. In the case where the fund administration committee member under paragraph one vacates office before the expiration of term, the selection or appointment of replacement of the same category shall be done within ninety days as from the date of the vacation of office, except when the office term remains less than thirty days, there may not be the selection or appointment of replacement, and the replacement shall hold office for the remaining term of the person he or she replaces.

15 15 Upon the expiration of term under paragraph one, if there is no selection or appointment of fund administration committee member under section 43 (6), (7), or (8), the fund administration committee member whose term is expired shall remain in office to continue to perform duties until a newly selected or appointed fund administration committee member assumes his or her duty. Section 45. In addition to vacation from office under section 44, a fund administration committee member under section 43 (6), (7), and (8) vacates office upon: (1) death; (2) resignation; (3) being dismissed by the Commission due to negligence in the performance of duty, disgraceful behaviour, or incapacity; (4) being bankrupt or dishonest bankrupt; (5) being incompetent or quasi-incompetent; (6) being imprisoned due to a final judgement except for an offence committed through negligence or a petty offence; (7) being disqualified under the rules prescribed by the Commission under section 43. In addition to vacation from office under paragraph one, a fund administration committee member under section 43 (6), or (7) vacates office upon vacation of office of the president of sports association using the term of Thailand or Changwat sports association, as the case may be. In the case where a fund administration committee member under section 43 (6), (7), or (8) vacates office before the expiration of term, or in the case where the office of the Governor is vacant and there is no appointment yet, the fund administration committee shall compose of the remaining members, but the number of member shall not be less than two-third of the total number of members. Section 46. The fund administration committee shall has the following powers and duties: (1) to administrate the fund, as well as act relating to the earning of benefit and administration of the Fund to be in accordance with the rules prescribed by the Commission;

16 16 (2) to consider and approve projects applied for promotion or support from the Fund and follow up the progress of such project; (3) to impose criteria, procedures, and conditions on the granting of prizes to sportsperson, sports personnel, and sports association using the term of Thailand ; (4) to impose criteria, procedures, and conditions on the granting of scholarship, and approving of scholarship to sportspersons and sports personnel; (5) to impose criteria, procedures, and conditions on welfare aid to persons under section 42 (6); (6) to report financial status and administration of fund to the Commission under the rules prescribed by the commission. (7) to impose rules, and guidelines on operation to be as per the objective of the fund; (8) to act in any manner as prescribed in this Act. The fund administration committee may appoint sub-committees to consider and act in any manner as entrusted by the fund administration committee. Section 47. The receipt, payment, keeping of money, administration of fund, and earning of benefit shall be in accordance with the rules prescribed by the Commission. Section 48. The fund administration committee shall make a balance sheet and a revenue account and submit them to the auditor for auditing within one hundred and twenty days as from the last date of accounting year every year. The Office of the Auditor General of Thailand shall be the auditor of the fund every year, and shall submit the report the audition and endorsement all kinds of account and finance of the fund to the Commission within one hundred and fifty days as from the last date of the accounting year for the Commission to submit to the Council of Ministers for acknowledgement.

17 17 CHAPTER VI SPORTS ASSOCIATION Part 1 Establishment of Sports Association Section 49. A Sports Association shall be established only by virtue of this Act. A Sports Association under paragraph one must have an objective to undertake activities relating to sports by hosting a competition or submission of sportsperson into a competition and may have other activities relating to sports. Section 50. A Sports Association must have regulations and must be registered. Upon registration, it shall possess status of a juristic person. Section 51. There shall be established a central sports association registrar s office within SAT to control the registration as sports association all over the Kingdom, and to act as Bangkok sports association registrar s office. In other Changwat excluding Bangkok, Changwat SAT shall act as Changwat sports association registrar s office. The Governor or person entrusted by the Governor shall be central sports association registrar and Bangkok sports association registrar, and Changwat SAT director or person entrusted by the Governor shall be Changwat sports association registrar. Section 52. The Commission shall announce type of sports which can be applied for registration as sports association under this Act. Section 53. In an application for registration as sports association, not less than 7 promoters shall submit an application together with at least three association regulations to the registrar of the area where the office is to be located. Qualifications of the promoters of a sports association, criteria and procedures on application of registration, and registration shall be as prescribed by the Commission.

18 18 Section 54. In an application for registration, if one acts correctly and completely as prescribed in section 53, and has the correct regulations under section 56, and such regulations are not in conflict with the law and objectives of Sports Association, and all promoters have the qualifications prescribed by the Commission under section 53 paragraph two, the registrar shall accept the application, and issue a certificate showing the registration as per the form which the Commission prescribed for such Sports Association. In the registration of Sports Association and the dissolution of Sports Association, the central sports association registrar shall publish in the Government Gazette. If the Registrar is of an opinion that the registration is not in compliance with paragraph one, he or she shall order the applicant to correct or amend to it. Upon correction or amendment, the Registrar shall issue a certificate showing the registration to such Sports Association. If the applicant fails to make correction or amendment under paragraph three within thirty days as from the date of the acknowledgement of the Registrar s order, or if the Registrar consider that the objective as applied is not in compliance with section 49 paragraph two, the Registrar shall order not accepting the registration and notified the applicant of such order together with the reason thereof within thirty days as from the date of application. The applicant shall have the right to appeal such order to the Commission by submitting a letter to the Registrar within thirty days as from the receipt of such order, and the Registrar shall submit such appeal to the Commission within fifteen days as from the date of the receipt of such appeal. The Commission shall make a decision within ninety days as from the date of the receipt of appeal. The Commission s decision shall be final. Section 55. In the case where the certificate of registration of establishment of sports association is lost, destroyed or substantially damaged, the Registrar shall issue a substitute certificate showing the registration upon request of the Sport Association. Application for substitute certificate, issuance of substitute certificate, and form of substitute certificate shall be as per the criteria, procedures, and forms, as prescribed by the Commission. following: Section 56. The regulations of a Sports Association must contain at least the

19 19 (1) name which must contain the term sports association attached to such name; (2) objective; (3) office location and office hours; (4) procedures for acquiring members and termination of membership; (5) provision relating to rights and duties of member; (6) fee rate; (7) provision relating to committee of sports association which are number of committee members, appointment of committee member, office term, vacation from office, and committee meeting; (8) provision on management of sports association, accounting, and properties of sports association; (9) provision on general meeting; (10) other provisions as published by the Commission in the Government Gazette. Office term under (7) of general sports association committee and Changwat sports association committee shall not exceed four years. Office term under (7) of Sports Association using the term of Thailand of any sport shall be harmonious with office term of international federation committee member of such sport. Section 57. A Sports Association must use a name containing the term sports association together with the name of such Sports Association. Section 58. Correction or addition of regulations of a Sports Association shall be done by the resolution of the general meeting, and must be registered with the Registrar of the area in which the Sports Association locate within fourteen days as from the date of resolution. Upon registration by the Registrar, it shall come into force. The application for registration under paragraph one shall be as per the criteria and procedures prescribed by the Commission. The Registrar has the power not to accept the registration for correcting or amending the regulations of Sports Association if he or she is of an opinion that the correction or amendment is in contrary to the objectives of the Sports Association or the law.

20 20 In the case where the registrar does not accept the registration for correcting or amending the regulations of Sports Association, section 55 paragraph five and paragraph six shall apply mutatis mutandis. Section 59. The appointment of a new set of sports association committee members, or the alteration of sports association committee member shall be as per the regulations of such association, and the association must undertake to register with the registrar of the area on which the sports association locates within thirty days as from the date of such appointment or alteration of sports association committee member. If the registrar is of an opinion that any sports association committee member has a status, behaviour, or qualification not suitable for operation under the objectives of the Sports Association, or the process of appointment or alteration of sports association committee member is contrary to the law or regulations of the Sports Association, the Registrar may not accept the registration of such sports association committee member. In the case where the Registrar does not accept the registration of sports association committee member, he or she shall notify the reason for not accepting the registration to the Sports Association within sixty days as from the date of the registration application is submitted, and section 54 paragraph five and paragraph six shall apply mutatis mutandis. While there is no registration of new set of sports association committee member, if the sports association regulations do not provide otherwise, the original sports association committee member shall continue to act as sports association committee member until there is a registration of a new set of sports association committee members. Section 60. No person shall use the name which includes Thai letter as sports association, or foreign letters which translate into or read sports association in the emblem, name board, or documents without being a Sports Association, except for the use of application for registration of establishment of Sports Association. Section 61. The Registrar shall have the power to issue a written order summoning any person to inquire or requesting document for consideration in relation to application for registration of establishment of Sports Association.

21 21 Part 2 Category of Sports Association are: Section 62. Sports Associations are categorised into three categories which (1) general sports association; (2) Changwat sports association; and (3) sports association using the term of Thailand Section 63. A general sports association is a sports association established to promote and support undertaking of activities relating to sports for members in general. Section 64. Changwat sports association is a general sports association established in each Changwat, having manifest accomplishment and having undertakings relating to sports which is of various types, and is permitted to be Changwat sports association from the Registrar as per the criteria, procedures, and conditions prescribed by the Commission. In the case where the Registrar does not permit under paragraph one, section 54 paragraph five and paragraph six shall apply mutatis mutandis. A general sports association which is permitted to be Changwat sports association must include the term sports association of Changwat in the name of such sports association. Changwat sports association may recruit members from general sports associations, clubs, organisations, or ordinary persons in relation to sports activities which is in the objectives of such Changwat sports association. Section 65. Changwat sports association which is permitted from the Registrar under section 64 can undertake activities relating to sports by sending sportsperson into competition, or hold, or jointly hold a sports competition by showing that such undertaking is on behalf of Changwat. Section 66. No body of persons or person which is not Changwat sports association identify itself as Changwat sports association.

22 22 Section 67. A sports association using the term of Thailand is a general sports association established by having manifest accomplishment in the national level, and is permitted to be sports association using the term of Thailand by the central sports association registrar under the criteria, procedures, and conditions prescribed by the Commission. In the case where the Registrar does not permit under paragraph one, section 54 paragraph five and paragraph six shall apply mutatis mutandis. A general sports association which is permitted to be sports association using the term of Thailand must include the term of Thailand in the name of such sports association. A sports association using the term of Thailand may recruit members from Changwat sports association, general sports associations, clubs, organisations, or ordinary persons in relation to sports activities which is in the objectives of such sports association using the term of Thailand. In the case where a Changwat sports association enrolled as a member of sports association using the term of Thailand, the latter shall take the type of sport that such Changwat sports association undertakes activities into consideration in accepting members. Section 68. A Sports Association using the term of Thailand can undertake activities relating to sports by sending sportsperson into competition, or hold, or jointly hold a sports competition by showing that such undertaking is on behalf of the nation or Thailand. In sending sportsperson into competition, or hold, or jointly hold competition on behalf of the nation or Thailand under paragraph one, it must request permission from the central sports association registrar on case by case basis, provided that it shall be as per the criteria and procedures prescribed by the Commission. Section 69. No body of persons or person which is not a sports association using the term of Thailand identify itself as sports association using the term of Thailand. No general sports association, Changwat sports association, body of persons, or person shall use the term of Thailand, or has letters or any sign showing that it is a club, body of persons, or person which undertake activities relating to sports on behalf of

23 23 the nation or Thailand, unless permission is granted from the central sports association registrar. No general sports association, Changwat sports association, body of persons, or person shall join a competition, send sportsperson into a competition, hold, or jointly hold a competition on behalf of the nation or Thailand, unless permission is granted from the central sports association registrar. The application for permission and the permission under paragraph two and paragraph three shall be as per the criteria and procedures prescribed by the Commission, provided that section 54 paragraph five and paragraph six shall apply mutatis mutandis. Part 3 Operation of Sports Association Section 70. A Sports Association shall have a sports association committee as the operator of Sports Association and representative of Sports Association in activities which relate to a third party. For this purpose, sports association committee may entrust any sports association committee member or members to act on its behalf. Section 71. A sports association committee member shall have qualifications and not be under prohibitions as imposed in the regulations of the Sports Association, and shall have the qualifications and not be under prohibitions, as follows: (1) having qualifications or experiences appropriate with undertaking of activities relating to sports or sports promotion within the scope of objectives of such Sports Association; (2) not being bankrupt or dishonest bankrupt; (3) not being incompetent or quasi-incompetent; (4) not having been imprisoned by a final judgement, except for offence committed through negligence or petty offence; (5) not having been ordered by the Registrar to vacate office of sports association committee member under section 86 (4), unless a term of five years as from the date of the vacation has lapsed.

24 24 Section 72. Not less than one-fifth of members of a Sports Association having a right to vote have the right to request an examination of operation and properties of Sports Association by submitting a written request to such Sports Association. Section 73. A sports association shall not do any of the following: (1) act in any manner which may be harmful to public order or good morals of people or bring disgrace to nation s sports; (2) hinder or obstruct any person who has qualification to be a member under the regulations of the Sports Association from being a member, or coerce in any manner any person to involuntary enrol as a member, or to leave the sports association with dishonest intention or being contrary to the regulations of the Sports Association; (3) reveal information, document, or message relating to specific interest of any member, unless a consent is granted in writing from such member; (4) permit or consent any person who is not the sports association committee member to perform in the duties of the sports association committee member; (5) earn profit or income for sharing; (6) give financial or property support to a politician or political party (7) hinder or obstruct any sportsperson from entering a sports competition with dishonest intention or in contrary to the regulations of the Sports Association. Part 4 Supervision of Sports Association Section 74. A Sports Association must abide by regulations prescribed by the Commission. In the case where any Sports Association commit an act which is a contravention of regulations under paragraph one, the Registrar shall have the power to order such Sports Association to correct or cease such contravening act within the time specified, provided that section 54 paragraph five and paragraph six shall apply mutatis mutandis. Section 75. The Registrar shall have the power to issue a written order summoning a sports association committee member or member of a Sport Association to

25 25 give statements on facts relating to an undertaking of the Sports Association, or to submit document relating to undertaking or meeting minute. Section 76. The Registrar or an officer entrusted by the Governor may participate in a general meeting of a Sports Association, and may explain or give opinion to the general meeting, but may not vote. Section 77. A Sports Association must make available member record in accordance with the form imposed by the central sports association registrar, and shall maintain such record together with proof and documents pertaining to the registration at the office of the Sports Association. Upon acceptance of a new member, or alteration relating to member record, the sports association shall notify such acceptance or alteration to the Registrar within ninety days as from the date of acceptance of a new member or alteration. Section 78. A Sports Association shall make a balance sheet at least once every twelve months which is deemed accounting year of such Sports Association. Such balance sheet must include a list demonstrating the amount of assets and debts of Sports Association, as well as ledger account. The Balance sheet must be finished and audited by an auditor, and reported for approval from the general meeting of the Sports Association within one hundred and twenty days as from the last date of the accounting year. Section 79. A sports association shall prepare an annual report showing the performance of the sports association and present it to the general meeting at the same meeting which the balance sheet is presented. And the association shall send a copy of the report and balance sheet to the Registrar within thirty days as from the date of the general meeting. Section 80. Any person who wishes to review or make a copy of a document, or request to make a copy and have such copy relating to Sports Association certified shall submit a request as per the form imposed by the central sports association registrar.

26 26 Section 81. In addition to the supervision of sports association under section 74 to section 80, for the purpose of supervision of activities of Changwat sports association and sports association using the term of Thailand, the Registrar shall have the power to undertake such actions prescribed in section 82 to section 88 as well. Section 82. In the case where there is a problem relating to the operation of the Sports Association, the Registrar shall have the power to order the sports association committee to call for an extraordinary general meeting or to hold a meeting of the association committee so as to consider or decide on the problem of the Sports Association. Section 83. When there is a reason to suspect that any Sports Association is going to act illegally or in contrary to public order or good morals of people, or bring disgrace to the sports of the nation, the Registrar shall have the power to order, in writing, such Sports Association to notify the Registrar of the date and time of each meeting not less than three days in advance. In this case, the Registrar or officer entrusted by the Governor shall have the power to attend the meeting. If any sports association which fails to notify the date and time of the meetings as per the order of the Registrar within the time specified, the Registrar shall have the power to order such Sports Association to suspend the meeting for not exceeding ninety day each time as from the date of the registrar s order. In the case where the Registrar has on order suspending the meeting, section 54 paragraph five and paragraph six shall apply mutatis mutandis. Section 84. When not less than one tenth of the members of a Sports Association possessing the right to vote, not less than one-third of the existing sports association committee members, or officers who attend the sports association meeting or sports association general meeting requesting that such sports association committee meeting or sports association general meeting was called, met or voted in contrary to the law or regulations of the sports association, the Registrar shall have the power to revoke the resolution of the sports association committee meeting or resolution of the sports association general meeting which was made at the meeting called held or voted in contrary to the law or regulations of the Sports Association. The request to revoke the resolution of the sports association committee meeting or sports association general meeting under paragraph one, a member of the sports