From the original at the Office of the Council of State
*Published in the Government Gazette Vo1. 109, Part 9, dated 12th February B.E. 2535 (1992).
NATIONAL ENERGY POLICY COUNCIL ACT, B.E. 2535 (1992) (page 1/4)
Translation
NATIONAL ENERGY POLICY COUNCIL ACT,
B.E. 2535 (1992)
______________
BHUMIBOL ADULYADEJ REX.;
Given on the 3rd Day of February B.E. 2535;
Being the 47th Year of the Present Reign.
His Majesty King Bhumibol Adulyadej is graciously pleased to
proclaim that:
Whereas it is expedient to have the law on the National Energy
Policy Council;
Be it, therefore, enacted by the King, by and with the advice and
consent of the National Legislative Assembly acting in the capacity of the
National Assembly, as follows:
Section 1. This Act is called the "National Energy Policy
Council Act, B.E. 253".
Section 2. This Act shall come into force as from the day
following the date of its publication in the Government Gazette.*
Section 3. All other laws, by-laws and regulations in so far as
they have already been provided in this Act or are contrary to or inconsistent
with the provisions of this Act shall be replaced by this Act.
Section 4. In this Act:
"energy" means an ability to perform the work inherent in the
sources capable of generating powers, which are renewable energy and non-
renewable energy, and shall include the sources which may generate powers
such as fuel, heat, and electricity;
"renewable energy" includes energy obtained from wood, firewood,
paddy husk, bagasse, biomass, hydropower, solar power, geothermal
power, wind power, and waves and tides;
"non-renewable energy" includes energy obtained from coal, oil
shale, tar sands, crude oil, oil, natural gas and nuclear power;
NATIONAL ENERGY POLICY COUNCIL ACT, B.E. 2535 (1992) (page 2/4) "fuel" includes coal, oil shale, tar sand, oil, natural gas, fuel gas,
synfuel, wood, firewood, paddy husk, bagasse, garbage and other sources as
prescribed by the National Energy Policy Council and published in the
Government Gazette.
Section 5. There shall be the National Energy Policy Council
consisting of the Prime Minister as Chairman, a Deputy Prime Minister
designated by the Prime Minister as Vice-Chairman, Deputy Prime Ministers, a
Minister Attached to the Office of the Prime Minister designated by the Prime
Minister, Minister of Defence, Minister of Finance, Minister of Foreign
Affairs, Minister of Agriculture and Cooperatives, Minister of Transport and
Communications, Minister of Commerce, Minister of Interior, Minister of
Science, Technology and Energy, Minister of Industry, Permanent Secretary
for Industry, Secretary-General of the Council of State, Secretary-General of
the National Economic and Social Development Board, Director of the Bureau
of the Budget and Director-General of the Department of Energy Development
and Promotion, as members. The Secretary-General of the National Energy
Policy Council shall be member and secretary.
Section 6. The National Energy Policy Council shall have the
following powers and duties:
(1) to submit the National Energy Policy and the National Energy
Management and Development Plan to the Council of Ministers;
(2) to lay down rules and conditions for prescribing the price of
energy in accordance with the National Energy Policy and the National Energy
Management and Development Plan;
(3) to monitor, supervise, coordinate, support and expedite the
operations of all committees with the powers and duties related to energy,
Government agencies, State enterprises and the private sector related to energy
in order that their operations shall be in accordance with the National Energy
Policy and the National Management and Development Plan;
(4) to evaluate the results of the implementation of the National
Energy Policy and the National Management and Development Plan;
(5) to perform other functions as entrusted by the Prime Minister
or the Council of Ministers.
Section 7. At a meeting of the National Energy Policy
Council, the presence of not less than one-half of the total number of members
is required to constitute a quorum.
At any meeting, if the Chairman does not attend or is not present,
the Vice-Chairman shall preside over the meeting. If the Chairman and the
NATIONAL ENERGY POLICY COUNCIL ACT, B.E. 2535 (1992) (page 3/4) Vice-Chairman do not attend or are not present at the meeting, the members
present shall elect one among themselves to preside over the meeting.
Section 8. The decision of the meeting shall be made by a
majority of votes. Each member shall have one vote; in case of an equality of
votes, the person presiding over the meeting shall have an additional vote as
casting vote.
Section 9. The National Energy Policy Council may appoint
one or more committees to consider any matter or to carry out any act as
entrusted by the National Energy Policy Council.
The committees under paragraph one may appoint one or more
sub-committees to consider any matter or to carry out any act as entrusted by
the committees.
Section 7 and section 8 shall apply mutatis mutandis to the meetings of the
committees under paragraph one and the sub-committees under
paragraph two.
Section 10. There shall be established the Office of the
National Energy Policy Council having the following powers and duties:
(1) to study and analyse the National Energy Policy and National
Management and Development Plan for submission to the National Energy
Policy Council;
(2) to monitor and evaluate, and to act as a coordinating and
support centre for the implementation of the National Energy Policy and the
National Management and Development Plan;
(3) to collect data, to monitor the changing situation of energy, to
analyse the trend and evaluate the anticipatory impact for the purpose of
preparing the proposals in respect of the National Energy Policy and the
National Management and Development Plan, and to disseminate, statistics
related to energy;
(4) to perform other functions as entrusted by the Prime Minister
or the National Energy Policy Council.
Section 11. In the performance of the functions of the Office of
the National Energy Policy Council under section 10, the Office of the National
Energy Policy Council may request a Ministry, Sub-Ministry, Department,
local administration, State enterprise or any person to submit particulars on
technical, financial or statistical matters and other matters as necessary in
relation to the National Energy Policy and the National Management and
Development Plan.
NATIONAL ENERGY POLICY COUNCIL ACT, B.E. 2535 (1992) (page 4/4) Section 12. The National Energy Policy Council or the Office
of the National Energy Policy Council may invite any person to give statements
of fact or explanations, opinions or recommendations as it thinks fit.
Section 13. There shall be Secretary-General of the National
Energy Policy Council with the powers and duties to generally supervise the
performance of official affairs of the Office of the National Energy Policy
Council. He shall be responsible directly to the Prime Minister and shall be
the superior official of the Office of the National Energy Policy.
There shall be Deputy Secretary-General of the National Energy
Policy Council and there may be Assistant Secretary-General of the National
Energy Policy Council to assist the Secretary-General in the performance of
official duties.
The Secretary-General of the National Energy Policy Council,
Deputy Secretary-General of the National Energy Policy Council and Assistant
Secretary-General of the National Energy Policy Council shall be ordinary
government officials.
Section 14. The Prime Minister shall have charge and control
of the execution of this Act.
Countersigned by:
Anand Panyarachun
Prime Minister
Certified correct translation
(Pornthip Jala)
Office of the Council of State