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By
virtue of the provisions of Section 100 of the Organic Act on
Counter Corruption B.E. 2542 (1999), any State official shall not
carry out the following
acts:
(1) being
a party to or having interest in a contract made with a Government
agency where such State official performs duties in the capacity as
State official who has the power to conduct supervision, control,
inspection or legal
proceedings;
(2)
being a partner or shareholder in a partnership or company which is
a party to a contract made with a Government agency where such State
official performs duties in the capacity as a State official who has
the power to conduct supervision, control, inspection or legal
proceedings;
(3)
being a concessionaire or continuing to hold a concession from the
State, State agency, State enterprise or local administration or
being a party to a contract of a directly or indirectly monopolistic
nature made with the State, a Government agency, State agency, State
enterprise or local administration, or being a partner or
shareholder in a partnership or company which is a concessionaire or
a contractual party in such
manner;
(4)
being interested in the capacity as a director, counsel,
representative, official or employee in a private business which is
under supervision, control or audit of the State agency to which
such State official is attached or where such State official
performs duties in the capacity as State official, provided that the
nature of the interest of the private business may be contrary to or
inconsistent with public interest or the interest of the Government
service or may affect the autonomy in the performance of duties of
such State
official.
The
positions of State officials prohibited from carrying out the
activities under paragraph one shall be prescribed and published in
the Government Gazette by the N.C.C.
Commission.
The
provisions of paragraph one shall apply to spouses of the State
officials under paragraph two. For this purpose, the activities
carried out by the spouse shall be deemed as the activities carried
out by the State
official.
According to section 101, the provisions of section 100 shall apply
mutatis mutandis to the activities carried out by the person
who has already ceased to be the State official for less than two
years, with the exception of the holding of shares of not more than
five percent of the total number of shares issued by a public
limited company which is not a party to a contract made with the
State agency under section 100 (2), for which permission is obtained
under the law on securities and securities
exchange.
The
positions of State officials prohibited from carrying out the
activities under paragraph one shall be prescribed and published in
the Government Gazette by the N.C.C.
Commission.
Therefore, by virtue of the provisions of Section 100 of the Organic
Act above, the N.C.C. Commission determines the positions of state
officials prohibited from carrying out the activities under Section
100, as follows:
1. Prime
Minister
2.
Minister
This
Notification shall come into force as 180 days following the date of
its publication in the Government Gazette.
Published on February 15, B.E. 2544
(2001)
Ophars Arunin
President of the N.C.C.
Commission
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