Problems with Enforcement of the Sangha Act, B.E. 2505 (1962)

Abstract

Problems with the enforcement of the Sangha Act, B.E. 2505 (1962) have been studied in 3issues as follows: 1) Section 31: Status and represent tatives of temple, 2) Section 33, Section 34, Section 35: The temple’s land has a special protection that is different from general land, and 3) the pro blem of disputes in the administrative cases of the monkhood organization under the Sangha Act, B.E. 2505 (1962).

The temple (officially approved Wisukhamsima) and house of priest according to Section 31 have a legal status of juristic person under public law. Its abbot is the temple representative in general affairs and has the right to appoint a representative in writing. Regarding the status of temple’s land under section 33, the land is not a state property or public domain of state but is the property for the religion with the special protection with specific laws under Section 34 and Section 35. In addition, there are 3 boundaries of administrative powers in the Sangha, namely 1) the exercise of power according to the Dharma Discipline, which has a well-organized solution, 2) the exercise of administrative power according to the Sangha Act, B.E. 2505 (1962), and 3) the exercise of legal administrative powers in relation to the community or society. It is considered an administrative dispute within the jurisdiction of an administrative court under the Act on Establishment of Administrative Courts and Administrative Court Procedure, B.E. 2542 (1999).

The author suggests the amendment of Section 31, Section 36 Paragraph Two, Section 40 Paragraph Two and the discretion under Section 34, Section 35 of the Sangha Act B.E. 2505 (1962), amended B.E. 2535 (1992). The Sangha Supreme Council rules and Sangha appellate procedure should be established to determine a solution to the problems or unfairness among monks and novices in the Sangha administration.