(4) computer science; (5) science or engineering; (6) social science. Provided that each qualified person from each field must be from the private sector and the Director of the National Electronics and Computer Technology Center, National Science and Technology Development Agency, shall be a member and secretary. The rules and procedures in selecting and nominating the qualified persons to the Cabinet for their consideration to appoint to be the Commission under paragraph one must be in accordance with the rules prescribed by the Minister. The secretary shall appoint no more than two persons as assistant secretaries. Section 37 The Electronic Transaction Commission shall have the following authorities and duties: (1) To make recommendation to the Cabinet to lay down policies for promotion and development of electronic transactions including solving relevant problems and obstacles; (2) To monitor and supervise the operation of service business relating to electronic transactions; (3) To make recommendation or give advice to the Minister to issue Royal Decrees pursuant to this Act. (4) To issue rules or notifications relating to electronic signature in compliance with this Act or the Royal Decrees issued pursuant to this Act. (5) To perform any other act in compliance with this Act or other laws. In performing acts under this Act, the Commission shall be an official under the Penal Code. Section 38 A qualified member shall hold the position for a term of three years. A retired member may be re-appointed for no more than two consecutive terms. Section 39 Other than retirement by rotation under Section 38, a qualified member shall be discharged from the position upon: (1) death; (2) resignation; (3) being removed by the Cabinet due to misbehavior, negligence or dishonesty, or lack of competence; (4) being an incompetent or quasi-incompetent person; (5) having been imprisoned by a final judgment, except in a case where an offence committed through negligence or a petty offence. Section 40 In case where a qualified person is discharged from the position under Section 39, it shall be deemed that the Commission consists of the remaining members and a new member must be appointed to fill such vacancy within sixty days from the date the member is discharged from the office. The member appointed to fill such vacancy shall remain in office for the balance of the term of the replaced member. www.ThaiLaws.com 11