Problems to Enforcement of the Municipal Act B.E. 2496 and the Provincial Administration Act B.E. 2457: Study of the Removal of Subdistrict Headmen, Village Headmen, Assistant Village Headman, Subdistrict Medical Practitioner, and Assistant Subdistrict Headman in Areas Upgraded to Town Municipality or City Municipality

Abstract

Subdistrict Headmen, Village Headmen, Assistant Village Headman, Subdistrict Medical Practitioner, and Assistant Subdistrict Headman serve as frontline officials closely engaged with local communities. They perform duties pursuant to state laws and policies and coordinate between the provincial administration and local administrative organization. Their responsibilities include maintaining public order, managing disasters and epidemics, and mediating community disputes. However, following the adoption of decentralization principles in The Constitution of The Kingdom of Thailand B.E. 2540, and the amendment of Section 4 of the Municipal Act B.E. 2496 in B.E. 2546, conflicts have arisen in the legal framework governing local administration.

The amended the Municipal Act stipulates that in any locality upgraded to a town municipality or city municipality, one year after the official announcement by the Ministry of Interior, prohibition of appointment of subdistrict headmen, village headmen, assistant village headman, subdistrict medical practitioner, and assistant subdistrict headman, and removed from their positions. This provision creates legal contradictions with the Provincial Administration Act B.E. 2457, which still recognizes the authority of subdistrict headmen and village headmen in Town Municipality or City Municipality. These overlapping or conflicting roles raise questions about the status and function of such positions within Town Municipality or City Municipality areas, where elected mayors and municipal councils now exercise administrative authority.

Therefore, it is essential to study the problems to enforcement related to the Municipal Act B.E. 2496, which conflicts with the Provincial Administration Act B.E. 2457, to develop legal reforms that align with the evolving administrative context. Addressing these conflicts requires consideration of legal provisions, administrative structures, and their impact on the public to ensure effective governance and minimize conflicts in local administration.