Translatiom

Social Welfare Promotion Act,

B.E. 2546 (i003)

BHUMIBQL ADULYADEJ, REX;

Given on the 24th Day of September B.E. 2546;

Being the
58th
Year of
the
Present Reign.

His Majesty King Bhumibol Adulyadej is graciously pleased to proclaim

that:

Whereas it is expedient to have a law on social welfare promotion;

Be it, therefore, enacted by the King, by and with the advice and consent

of the National Assembly, as follows.

Section 1. This Act is called the “Social Welfare Promotion Act, B.E.

2546 (2003)”.

Section 2. This Act shall come into force after one hundred and eighty

days as from the date of its publication in the Government Gazette'”5.

Sections. In this Act:

“social welfare” means the social services system pertaining to the

prevention, remedy, development and promotion of social stability in satisfaction of the

basic needs of the people to enable a good quality of life and self-dependency; being a

system which is extensive, appropriate, fair and in accordance with standards in terms of

education, health, accommodation, occupation and income, leisure, justice process and

general social services by taking account of human dignity, the people’s entitlementio

rights and participation in the provision of social welfare on every level;

“social welfare provision” means the provision of social welfare services

in accordance with the standard prescribed by the Commission;

“recipient of social welfare services” means a person or a group of persons

suffering from a hardship or is in need of assistance, such as children, youth, older

persons, the indigent, disabled or handicapped persons, the disadvantaged, sexually

harassed persons or other groups of persons as prescribed by the Commission;

^ Published in Government Gazette, Vol. 120, Part 94a, dated 1st October B.E. 2546

(2003)

“social welfare organisation” means a State agency which performs the

functions of social welfare provision and public benefit organisations;

“public benefit organisation” means a private organisation which has been

certified to perform the functions of social welfare provision under this Act;

“Fund” means the Social Welfare Promotion Fund;

“Office” means the Office of the National Social Welfare Promotion

Commission;

“social worker” means a person performing work relating to the provision

of social welfare who has accomplished not less than a bachelors degree in the field of

social relief science or who has undergone social relief training in accordance with the

standard prescribed by the Commission or who has the qualifications prescribed by the

Commission in a Notification published in the Government Gazette;

“volunteer” means a person who volunteers to assist in the performance of

work relating to social welfare provision in a social welfare organisation;

“member” means a member of the National Social Welfare Promotion

Commission;

“Commission” means the National Social Welfare Promotion

Commission;

“Evaluation Committee” means the Fund Performance Monitoring and

Evaluation Committee;

“Director” means the Director of the Office of the National Social Welfare

Promotion Commission;

“competent official” means a person appointed by the Minister to perform

an act under this Act;

“Minister” means the Minister having charge and control of the execution

of this Act.

Section 4. The Minister for Social Development and Human Security

shall have charge and control of
the
execution of this Act.

The Minister for Social Development and Human Security shall have the

power to appoint competent officials and issue rules for the execution of this Act.

Such rules shall come into force upon their publication in the Government

Gazette.

CHAPTER I

Femdamemtals of Social Welfare Provision

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Section
5=
In the provision of social welfare by a social welfare

organisation, regard shall be had to the following:

(1) the various areas of undertakings as necessary and appropriate, such

as social services, education, health, accommodation, occupational training, occupation,

leisure and justice process;

(2) the nature or form and procedure of the undertaking, such as

promotion of development,
relief,
protection, prevention, remedy and rehabilitation.

In the provision of social welfare under paragraph one/the participation of

persons, families, communities, local government organisations, professional bodies,

religious institutions and other organisations shall be promoted and supported.

Section 6. The provision of social welfare shall be in accordance with the

standard of social welfare provision prescribed by the Commission.

CHAPTER O

National Social Welfare Promotion Commission

Section 7. There shall be a commission called the “National Social

Welfare Promotion Commission”, abbreviated as “NSWPC”, consisting of:

/ (1) the Prime Minister as Chairman;

/ (2) the Minister for Social Development and Human Security as First

Vice-Chairman;

(3) a representative of a social welfare organisation appointed by the

; Prime Minister from persons under (5) as Second Vice-Chairman;

(4) the Permanent-Secretary of the Office of the Prime Minister,

Permanent-Secretary for Social Development and Human Security, Permanent-Secretary

for Interior, Permanent-Secretary for Justice, Permanent-Secretary for Labour,

I Permanent-Secretary for Education, Permanent-Secretary for Public Health, Director of

the Bureau of the Budget, Secretary-General of the National Economic and Social

I Development Board and Director-General of the Department of Social Development and

/ . Welfare; . . .

/ (5) eight representatives of social welfare organisations appointed by the

/ Council of Ministers;

/

(6) eight qualified members appointed by the Council of Ministers.

I The Director shall be a member and secretary and the Director shall

: appoint officials of the Office
as.
assistant-secretaries.

– : The appointment of members who are representatives of social welfare

; organisations shall be made from persons selected by the social welfare organisations

i themselves and the.apppintme.nt of jjualifi.ejd.i|ieiiibgrs shall be made from persons who

I are not officials holding permanent positions or
salaries,”
officers or employees of a

; Government agency, State agency, State enterprise or local government organisation

| except for those who teach “at a higher education institution of the State; qualified

| members shall have knowledge, expertise and have works and experiences relating to

social welfare provision in the areas of
health,
education and law with at least one

member in each area.

The rules and procedures for the selection and vacation of office of

representatives of social welfare organisations shall be in accordance with the rules

prescribed by the Minister.

Section 8. A members appointed by the Council of Ministers shall hold

office for a term of
two
years. A member who vacates office on the expiration of term

may be re-appointed, but shall not hold office for more than two consecutive terms.

Section 9. In addition to vacating office on the expiration of term under

section 8, a member appointed by the Council of Ministers vacates office upon:

(1) death;

.«

(2) resignation;

(3) being a bankrupt;

(4) being an incompetent or quasi-incompetent person;

(5) being removed by the Council of Ministers;

(6) being imprisoned by a final judgment.

Section 10. In the case where a member appointed by the Council of

Ministers vacates office before the expiration of
term,
the Council of Ministers shall

appoint a new member from persons in the same category under section 7 as a

replacement and the appointee shall hold office for the remaining term of the member

that has been replaced.

Section 11. In the case where the terms of members appointed by the

Council of Ministers expires, the members who have vacated office shall continue to

perform duties until new members have been appointed.

Section 12. At a meeting of the Commission, the presence of not less than

one-half of the total number of members is required to constitute a quorum.

In any meeting where the Chairman is not present at the meeting or is

unable to perform duties, the First Vice-Chairman shall preside over the meeting. If the

Chairman and First Vice-Chairman are not present at the meeting or are unable to

perform duties, the Second Vice-Chairman snail preside over the meeting. If the

Chairman and both Vice-Chairmen are not present at the meeting or are unable to

perform duties, the members present shall elect one among themselves to preside over the

meeting.

A decision of a meeting shall be by a majority of
votes.
In casting votes,

each member shall have one vote. In the case of an equality of
votes,
the person

presiding over the meeting shall have an additional vote as a casting vote.

Section 13o The Commission shall have powers and duties as follows:

(1) to propose and give opinions to the Council of Ministers on social

welfare provision policies and the promotion of a systematic, extensive and continual

provision of social welfare;

(2) to propose to the Council of Ministers the enactment or amendment of

laws,
rales, regulations or resolutions of the Council of Ministers regarding social welfare

provision;

(3) to propose a social welfare development plan to the Council of

Ministers for approval as a master plan;

(4) to give approvals for various working plans and projects on social

welfare provision submitted to the Commission under this Act;

(5) to prescribe a target person or group of persons, the branch, nature or

forms and procedures of social welfare provision;

I (6) to prescribe the standard for social welfare provision;

i) (7) to lay down rules in connection with the certification of performance

standards of social welfare provision of social welfare organisations, social workers and

!
••
Volunteers;

(8) to lay down rales in connection with the coordination of social welfare

provision;

(9) to lay down rales in connection with the promotion and support
6f

social welfare provision;

(10) to lay down rules in connection with the control and supervision of

the Fund’s expenditure to secure compliance with this Act;

(11) to lay down rales in connection with the administration of the Fund

with the approval of the “Ministry of Finance under section 29(1);

(12) to lay down rales in connection
with”
the “consideration for approval

of making sponsorship ecgitributions-to a social, welfare-organization in the provision of

social welfare or performance of work in connection with social welfare provision under

section 29(2);

(13) to lay down rales in connection with the preparation of a report on

financial status and Fund administration under section 29(3);

(14) to lay down rales in connection with the receipt of
monies,
payment

of monies, safekeeping of monies, investment and management of the Fund with the

approval of the Ministry of Finance under section 30;

(15) to prescribe criteria, procedures and conditions for applications and

certifications of public benefit organizations under section 34;

(16) to lay down rales in connection with the supervision and inspection

of the operations of public benefit operations to secure compliance with this Act;

(17) to prescribe the standard of social relief trainings as well as prescribe

the qualifications of persons performing social welfare provision work who would

become social workers under this Act;

(18) to lay down rales in connection with the technical promotion ari3

support and personnel training for social workers and volunteers under section 35(2);

(19) to lay down rales in connection with the refund of sponsorship

money received by a public benefit organisation under section 40;

(20) to lay down other relevant rules for the execution of this Act

including the performance of any other act under this Act or other laws which provides

that such performance be the powers and duties of the Commission or as entrusted by the

Council of Ministers.

In the performance of duties by the Commission under (3), (5), (6) and (9),

regard shall be had to the principles and fundamentals of participation or roles in the

provision of social welfare of persons, families, communities, local administrative

organizations, professional bodies, religious institutions and other institutions, including

State and private agencies. j

The social welfare development plan under (3) which has been approved

as a master plan by the Council of Ministers, prescriptions under (5), (6), (15) and (17)

and rules laid down under
“(7),
(8);(9), (10), (12), (13), (14), (16), (18), (19) and (20) as

well as rules relating to the management of
the
Fund under (11) which has been approved’

by the Ministry of Finance, shall come into force upon their publication in the

Government Gazette. ‘”

Section-14 The Commission shall have the power-4o appoint a sub-

committee for performing duties on-behalf of the Commission or for carrying out any act

entrusted by the Commission.

The provisions in section 12 shall apply to a meeting of the sub-committee

mutatis mutandis.

Section
15.
There shall be established the Office of the National Social

Welfare Promotion Commission, abbreviated as “Office of the NSWPC”, in the Office of

the Permanent-Secretary for Social Development and Human Security which shall have

the powers and duties as follows:

(1) to prepare a social services development plan for submission to the

Commission;

(2) to gather data, study and conduct research and development in

connection with social welfare provision work;

(3) to act as a center for the coordination, dissemination and

advertisement of work or activities in connection with social welfare provision;

(4) to cooperate and coordinate with central administrative agencies,

regional administrative agencies, local administrative agencies, State enterprises and

social welfare organisations as well as other organisations involved in social welfare

provision under this Act or other relevant laws;

(5) to monitor and evaluate performance work under the social welfare

development plan of a social welfare organisation and report to the Commission;

(6) to carry out and support the performance of social welfare provision

by social welfare organizations, social workers and volunteers in accordance with the

standard prescribed by the Commission as well as carry out the development of such

standards to ensure suitability with the changes in society;

8

(7) to certify the standard of performance of social welfare provision by

social welfare organisations, social workers and volunteers pursuant to the rules

prescribed by the Commission; 3

(8) to supervise and inspect the operations of public benefit organisations

to secure compliance with this Act and.the rales prescribed by the Commission;

z ” j
„ (9)
to maintain a central register of social welfare organizations, social

/ workers, volunteers and recipients of social welfare services;

7

^10) to organise trainings for social workers and volunteers;

(11) to be responsible for secretariaTtasks of the Commission, the Fund

ExecatlvMifoMmfftee/tlie Evaluation Committee-and me sub-committees appointed by

the Commission;

(12) to perform other duties as entrusted by the Commission.

Section 16. In the performance of duties under this Act, members,

members of the Provincial Social Welfare Promotion Commission, members of the

Bangkok Metropolis Social Welfare Promotion Commission, members of the Evaluation

Committee, members of the Fund Executive Committee and members of the sub-

committees shall receive remuneration, transport allowance, stipend, accommodation

allowance and other expenses in accordance with the rales prescribed by the Minister

with the approval of the Ministry of Finance.

CHAPTER ffl

Provincial Social Welfare Promotion Commission

A
Section 17. There shall be a Provincial Social Welfare Promotion

< Commission, abbreviated as "PSWPC", consisting of: (1) the Provincial Governor as Chairman; (2) a Deputy Provincial Governor appointed by the Provincial Governor as the First Vice-Chairman; (3) a representative^ ,a4>ublic.benefit organisation appointed by the

i Provincial Governor from persons under (6) as Second Vice-Chairman;

(4) a provincial administrative official, a provincial labour official, the

L Director of the Office of Academic Promotion and Support, a provincial public health

physician and a representative of the Ministry of Education in the provincial area;

(5) three representatives of local government organisations in the

provincial area appointed by the Provincial Governor;

(6) three representatives of public benefit organisations appointed by the

Provincial Governor;

(7) .three qualified members appointed by the Provincial Governor.

The Provincial-Social Development and Welfare Official shall be a

member and secretary andthe Provincial Social Development and Welfare Official shall

appoint officials of the Provincial Social Development and Welfare Office as assistant-

secretaries. – — „. ,,—..

“Tfae’-appointrn’ent-of members-who-are-representatives~of local government

/ organisations and representatives of public benefit “organizations sfaall.be made from

,’ persons selected by the local government organisations or public benefit organisations in

/ such province, as the case may
be,
and the appointment of qualified members shall be

made from persons who are not officials holding permanent positions or salaries, officers

or employees of a Government agency, State agency, State enterprise or local

government organisation except for those who teach at a higher education institution of

the State; at least one qualified member shall have knowledge, expertise and have works

and experiences relating to social welfare provision.

The rules and procedures for the selection and the vacation of office of

representatives of local government organisations and public benefit organisations shall

be in accordance with the rules prescribed by the Minister.

Section
18.
The provisions in section 8, section 9, section 10, section
11,

section 12 and section 14 shall apply to the holding of office, vacation of office, meetings

and appointment of sub-committees of the PSWPC mutatis mutandis.

Section 19. The PSWPC shall have the following powers and duties:

(1) to propose policies, measures and social welfare provision plans for

the province to the Commission;

(2) to promote and support the participation of State agencies and the

private sector in the social welfare provision of the province;

(3) to lay down rules in connection with the coordination between State

agencies and the private sector in matters relating to data, resources and the performance

of social welfare provision work by the province;

(4) to lay down rules in connection with the social welfare provision of

the province-to secure consistency with the rules prescribed by the Commission;

10

(5) to supervise or promote and give approvals for working plans and

projects related to social welfare provision in the provincial area to secure compliance

with the social welfare provision plan; j

(6) to perform other duties entrusted by the Commission.

. . .Section
2§o
The.
Provincial Social Development and Welfare Office shall _.

, be responsible for the secretarial tasks of the PSWPC and shall have the powers and

duties,within the area of the province as follows:

~-°mm (1) to prepare a social welfare provision plan for submission to the

PSWPC;

•
:*^»—-«sse> Q)^tp^gaAei.data^statistics,_ working plans and projects related to social w^clr^-, J

-welfare provision; • – — – ‘

(3) to act as a center for the coordination, dissemination and

advertisement of work or activities in connection with social welfare provision;

(4) to cooperate and coordinate with central administrative agencies,

regional administrative agencies, local administrative agencies, State enterprises and

social welfare organisations as well as other organisations involved in social welfare

provision under this Act or other relevant laws;

(5) to monitor and evaluate performance of work under the social welfare

provision plan of the social welfare organisation and report to the Commission; .

(6) to promote and support the participation of social welfare

organisations, local government organisations, communities and other organisations in

the provision of social welfare;

(7) to supervise and inspect the operations of public benefit organisations

under this Act;

(8) to maintain a register of social welfare organisations, social workers,

volunteers and recipients of social welfare services;

(9) to perform other duties estrasted by the PSWPC.

Section
21.
There shall be a Bangkok Metropolis Social Welfare

Promotion Commission, abbreviated as “BSWPC”, consisting of:

‘
”
(1) the Bangkok’Metropolis Governor as Chairman;

(2) the Permanent-Secretary for Bangkok Metropolis as First Vice-

Chairman;

(3) a representative of a public benefit organisation appointed by the

Bangkok Metropolis Governor from persons under (5) as Second Vice-Chairman;

11

(4) a representative of the Ministry of Social Development and Human

/ Security, a representative of
the
Ministry of Interior, a representative of the Ministry of

Labour/a representative of the Ministry of Education, a representative of the Ministry of

Public Health, a representative of the Department of Social Development and Welfare;

(5) six representatives of public benefit organisations in the Bangkok

Metropolis are appointed by the Bangkok Metropolis Governor;

(6) six qualified members appointed by the Bangkok Metropolis

Governor. -i™^

The Director of the Bangkok Social Welfare Office shall be a member and

secretary, andT|he,D|re^tor of
the.
Bangkok ,Socia]_Welfar_e Office shall appoint officials of
_

the Bangkok Social Welfare Office as assisstant-secretaries. ‘

The appointment of members who are representatives of public benefit

organizations shall be made from persons selected by public benefit organisations, and

the appointment of qualified members shall be made from persons who are not officials

holding permanent positions or salaries, officers or employees of a Government agency,

State agency, State enterprise or local government organisation except for those who

teach at a higher education institution of the State; at least one qualified member shall

have knowledge, expertise and have works and experiences relating to social welfare

provision.

The rules and procedures for the selection and vacation from office of

representatives of public benefit organisations shall be in accordance with rules

prescribed by the Minister.

Section
22.
The provisions in section 8, section 9, section 10, section 11,

section 12 and asection 14 shall apply to the holding of office, vacation of office, the

meeting and appointment of sub-committees by the BSWPC mutatis mutandis.

Section
23.
The BSWPC shall have the powers and duties under section

19 and the Bangkok Social Welfare Office shall be responsible for the secretarial tasks of

the BSWPC and shall have the powers and duties under section 20, provided that such

powers and duties are exercised in the Bangkok Metropolis area.

CHAPTERIV ‘

Social Welfare Promotion Fund

Section 24. There shall be established a fund within the Office of the

Permanent-Secretary for Social Development and Human Security called the “Social

12

Welfare Promotion Fund” as capital for expenses related to the promotion of social

welfare provision under this Act.

, Section
25.
‘The Fund shall consist of: J

(1) the initial funds appropriated by the Government;

(2) monies received from annual budgetary appropriations;

(3) monies or properties donated or given by persons;

(4) sponsorship from foreign countries or international organisations;

‘•£,•4

(5) monies or properties which have reverted to the Fund or been received

by the Fund under the law or through other-juristic acts;

(6) interests accruing from the monies or properties of jthe Fund.

Section 26. Monies and interests under section 25 shall not be remitted to

the Ministry of Finance as revenues of the State.

Section
27.
There shall be a Fund Executive Committee consisting of:

(1) the Permanent-Secretary for Social Development and Human Security

as Chairman;

(2) the Director-General of
the
Department of Social Development and

Welfare as Vice-Chairman;

(3) a representative of the Bureau of the Budget, a representative of the

Comptroller-General’s Department and a representative of Bangkok Metropolitan

Administration;

(4) five qualified members appointed by the Commission; in this number

there shall be at least two representatives of public benefit organisations and at least one

member of a local government organisation.

ft

The Director shall be a member and secretary.

The rules and procedures for the recruitment and selection of qualified

members shall be in accordance with the Notification issued by the Minister.

Section 28. The provisions in section 8, section 9, section 10, section 11,

section 12 and section 14 shall apply to the holding of office, vacation of office, the

meeting and appointment of sub-committees of the Fund Executive Committee mutatis

mutandis.

Section 29. The Fund Executive Committee shall have the powers and

duties as follows:

Commission;
13

(1) to administer the Fund in accordance with the rales prescribed by the

j

(2) to consider the approval of sponsorship contributions to a social

welfare organization in the provision of social welfare or performance of work in

connection
with-
social welfare provision in accordance with the rales prescribed by the

Commission;

^:*ss«f
(o^
t0 repOrt on the financial status and administration of
the
Fund to the

CommissiQidb accordance with the rales prescribed by the Commission. „.,

Section
30.
The receipt’of monies; payment of monies, safekeeping of

momesrffives|pxe,nt andmanagement of the Fund, shall be in accordance with the rales
_
^^^^^^

“prescribedby the Commission. ‘ – – •-

Section
31.
There shall be a Fund Performance Monitoring and

Evaluation Committee with seven members consisting of a Chairman and five qualified

persons appointed by the Commission by the advice of the Minister from persons with

knowledge and experience on finance, social welfare provision and performance

evaluation where at least two members shall be persons with expertise in performance

evaluation, and the Director shall be a member and secretary.

Section 8, section 9, section 10, section 11 and section 12 shall apply to

the Evaluation Committee and the meetings of
the
Evaluation Committee mutatis

mutandis.

Section
32.
The Evaluation Committee shall have the powers and duties

as follows:

(a) to monitor, inspect and evaluate the performance of the Fund;

(b) to report the results of operations together with proposals to the

Commission. «

The Evaluation Committee shall have the power to summon documents or

evidence relating to the Fund from any person or summon any person to give a statement

of fact to be used in conjunction with the evaluation deliberations.

Section
33.
The Fund Executive Committee shall prepare a balance sheet

and accounts which shall be submitted to an auditor for auditing within one hundred and

twenty days as from the last day of each accounting year.

The Office of the Auditor General of Thailand shall be the Fund’s auditor

for every annual period and shall prepare an auditor’s report and certify the accounts and

all types of financial matters of the Fund for submission to the Commission within one •

14

hundred and fifty days as from the last day of the accounting year, which the Commission

shall submit to the Council of Ministers for acknowledgment.

The Minister shall submit the auditor’s report under paragraph two to the

Prime Minister for further submission to the House of Representatives and Senate for

acknowledgment and shall arrange for its publication in the Government Gazette.

– – – -» —«3-sj«i«ip. —i.-* *a.-«
CHAPTER V

Public Benefit Organisatk

Section
34.
A foundation or society which has the objectives of social

welfare provision or a private organisation which has works related to the provision of

social welfare in accordance with the standards prescribed by the Corn-mission may

submit an application to the Commission for certification as a public benefit organisation.

The application and certification of a public benefit organisation under

paragraph one shall be in accordance with the rules, procedures and conditions prescribed

by the Commission.

In the certification of a public benefit organisation, the Commission may

prescribe any conditions to be complied with by the public benefit organisation.

When an organisation has been certified as a public benefit organisation,

the certification as public benefit organisation shall be recorded in the register of public

benefit organisations and the Office shall publish the certification in the Government

Gazette by specifying the name of such public benefit organisation.

Section
35.
A public benefit organisation may receive the following

support in the provision of social welfare:

(1) sponsorship contributions from the Fund in accordance with the rales

prescribed by the Commission;

(2) assistance from the Office in the form of technical assistance and

development of personnel performing duties in the public benefit organisation as

necessary and appropriate in accordance with the rules prescribed by the Commission;

(3) other assistance prescribed by the Commission.

Section 36. A project for which an application for sponsorship

contributions from the Fund is made shall have the following characteristics:

(1) being a project on social welfare provision which results in

prevention, remedy and social development;

15

(2) being a project which is not inconsistent with the policies of the

Government and Social Welfare Development
Plan;
and

(3) being a p/oject which has already commenced with partial funding or

being a new project.

Section
38.
in the case where it appears that the circumstances of any

public benefit organisation’s social welfare provision indicate dishonesty or non-

compliance with rules prescribed by the Commission or there is an absence of works

satisfying the standard prescribed by the Commission, the competent official shall have

the’p’owers and duties as follows:

(1) to issue a letter to notify the public benefit organisation to give a

statement of facts or opinions on the operation or send a representative to make a –
*
*<*• %~ ™ w»^ statement or testimony or send documents or other evidence to be used in conjunction with the deliberations; (2) to issue a letter to notify relevant persons to testify or send a written statement of facts or send objects, documents or other evidence to be used in conjunction with the deliberations. Section 39. The Commission shall have the power to revoke the certification of a public benefit organisation after receiving a report from the competent official in any one of the following cases: (1) there are circumstances under section 38 surrounding a public benefit organisation and the competent official's investigation of such circumstances reveal that such public benefit organisation acted dishonestly or intentionally failed to comply with rules prescribed by the Commission or has no works satisfying the standard prescribed by the Commission; (2) any public benefit organisation has received a notification from a competent official under section 38(1) and failed comply without reasonable excuse^ Section 40. When the certification of any public benefit organisation has been revoked, the Office shall publish the name of such public benefit organisation in the Government Gazette and the public benefit organisation whose certification has been certified shall remit sponsorship contributions previously received to the Office in accordance with the rules prescribed by the Commission. 16 TRANSITORY PROVISIONS Section 41. In the initial period prior to the appointment of members under section 7(3) and (5), the Commission shall consist of members under section 7(1), (2), (4) and (6) to perform, duties to the extent that is necessary until the appointment of members under section 7(3) and (5). c" Members under paragraph one shall carry out the prescription of rules, ~~l'~' procedures and conditions for the submission of applicalibns and certification of public benefit organisations under section 34 within 60 days as from the date which the Council of Ministers appoints members under section 7(6). - Section 42. In the initial period, the provisions in section41 paragraph one shall apply to the Provincial Social Welfare Promotion Commission under section 17, the Bangkok Metropolis Social Welfare Promotion Commission under section 21 and the Fund Executive Committee under section 27 mutatis mutandis. Section 43. In the period prior to the establishment of the Office, the Office of the Permanent-Secretary for Social Development and Human Security shall have powers and duties under section 15. Countersigned by: Pol. II. Col. Thaksin Shinawatra Prime Minister Note:- The reason for the promulgation of this Act is that whereas section 80 of the Constitution of the Kingdom of Thailand prescribed that the State shall protect and develop children and the youth, promote the equality between women and men, and create and reinforce and develop family integrity and the strength of communities and that the State shall provide aids to the elderly, the indigent, the disabled or handicapped and the underprivileged for their good quality of life and ability to depend on themselves; it is appropriate to have a law on promotion of social welfare provision as a primary law for the provision of social welfare in both State and private sectors as well as the promotion and support of participation by persons, families, communities and local government organisations and other organisations in the provision of social welfare. The purpose of the foregoing is to extensively, appropriately and fairly enhance social security. It is therefore necessary to enact this Act.