Emergency Decree on Public Administration in Emergency Situation 2005 Unofficial Translation Emergency Decree on Public Administration in Emergency Situation, B.E. 2548 (2005) BHUMIBOL ADULYADEJ, REX; Given on the 16th Day of July B.E. 2548 Being the 60th 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 public administration in emergency situations; Whereas it is aware that this Act contains certain provisions in relation to the restriction of rights and liberties of persons, in respect of which section 29 in conjunction with section 31, section 35, section 36, section 37, section 39, section 44, section 48 and section 50 of the Constitution of the Kingdom of Thailand so permit by virtue of law; By virtue of section 218 of the Constitution of the Kingdom of Thailand, an Emergency Decree is hereby enacted, as follows: Section 1. This Emergency Decree is called "Emergency Decree on Public Administration in Emergency Situation, B.E. 2548 (2005)". Section 2. This Emergency Decree shall come into force as from the day following the date of its publication in the Government Gazette. Section 3. The Act on Public Administration in Emergency Situation, B.E. 2495 (1952) shall be repealed. Section 4. In this Emergency Decree: "Emergency situation" means a situation, which affects or may affect the public order of the people or endangers the security of the State or may cause the country or any part of the country to fall into a state of difficulty or contains an offence relating to terrorism under the Penal Code, a battle or war, pursuant to which it is necessary to enact emergency measures to preserve the democratic regime of government with the King as Head of State of the Kingdom of Thailand under the Constitution of the Kingdom of Thailand, independence and territorial integrity, the interests of the nation, compliance with the law, the safety of the people, the normal living of the people, the protection of rights, liberties and public order or public interest, or the aversion or remedy of damages arising from urgent and serious public calamity. "Competent official" means a person appointed by the Prime Minister to perform an act under this Emergency Decree. Section 5. In the event of the occurrence of an emergency situation and the Prime Minister considers that it is appropriate to use the force of administrative officials or police officers, civil officials or military officers to jointly provide assistance, prevent, remedy, suppress, withhold the emergency situation, rehabilitation or provide assistance to the people, the Prime Minister upon the approval of the Council of Ministers is empowered to declare an emergency situation applicable to the whole Kingdom or in some area or locality as necessary for the situation. In the case where the approval of the Council of Ministers cannot be obtained in a timely manner, the Prime Minister may declare the emergency situation immediately and shall subsequently seek the approval of the Council of Ministers within three days. If approval of the Council of Ministers is not obtained within the time prescribed, or the Council of Minister refuses approval, such declaration of emergency situation shall cease to be in force. The declaration of emergency situation under paragraph one shall be in force for the duration prescribed by the Prime Minister but not shall not exceed three months from the date of declaration. In the case where it is necessary to extend such period, the Prime Minister upon the approval of the Council of Ministers shall have the power to declare the extension of duration of enforcement provided that each extension shall not exceed three months. At the end of the emergency situation or upon the disapproval of the Council of Ministers or upon the lapse of the period under paragraph two, the Prime Minister shall declare the annulment of such emergency situation. Section 6. There shall be a Public Administration in Emergency Situation Committee consisting of a Deputy Prime Minister assigned by the Prime Minister as Chairperson, Minister of Defence, Minister of Interior and Minister of Justice as Vice Chairpersons, Permanent Secretary for Defense, Permanent Secretary for Interior, Permanent Secretary for Social Development and Human Security, Permanent Secretary for Justice, Director-General of the National Security Council, Attorney-General, Supreme Commander, Commander in Chief of the Royal Thai Army, Commander in Chief of the Royal Thai Navy, Commander in Chief of the Royal Thai Air Force, Commissioner-General of the Royal Thai Police, DirectorGeneral of the Department of Provincial Administration and Director-General of the Department Disaster Prevention and Mitigation as members, and National Security Council as member and secretary, having the powers and duties to monitor and