The objectives of the research are the following:
1. to study the problems and obstacles of using the discretion and mandatory powers of the central government and the provincial governments affecting the local governments (the provincial administration organizations in low southern provinces),
2. to be aware of the difficulties of using the discretion and mandatory powers of the central government and the provincial governments affecting the local governments, particularly the difficulties of law, regulations, royal decrees, regulations of Interior Ministry, and other ministerial regulations,
3. to know the ideas of the officials of the provincial administration organizations in the low southern provinces about the effect of using the discretion and the mandatory powers of the central government and the provincial governments,
4. to find out the ways to solve the problems of using the discretion and the mandatory powers in working among the three government services.
The scope of the studies is the following:
1. The studies cover only the sampling groups of government officials. In the central government they include minister of Interior Ministry, permanent secretary, director generals and other officials of Interior Ministry who are responsible to the provincial government organizations. In the provincial governments, they include governors, assistant governors, inspectors, district chiefs, assistant district chiefs and other officials of the provincial governments who are related to the provincial administration organizations. In the local governments, they include assistant chiefs of the provincial administration organizations, the officials of the organizations, and also the sampling groups of the councillors and executive committees of the provincial administration organizations. As for the data collecting instruments, the primary data are collected by interviews through questionaires with different topics, and noted, having the samplers, both officials and local politicians, give more ideas, while the secondary data are obtained by studying and qualitative researching the legal documents, as well as observing working.
2. The studies cover the provincial administration organizations of seven provinces in the low southern Thailand Songkhla, Pattani, Phatthalung, Satun, Yala, Trang and Narathiwat together with the central government in Bangkok.
The result of the research pointed out;
As for the using problems of discretion and mandatory powers of the central government and the provincial governments in considering general regulations, budget regulations, conclusions, development plans, complaints,
applications and consultations of the provincial administration organizations, in two points of the Articles 54(2), 54(3) and 55 of the Provincial Administration Organization Bill B.E. 2540 (1997), be they the conflicts about general regulations or non-regulations between the chief and the members of the provincial administration organization so much that they are passed to the governor to decide, or the conflicts between the council of the provincial administration organization and the governor about the regulations which two thirds of the councillors have to reaffirm to get them to be enforced, all the provincial administration organizations have the same conclusion that there are few problems and they can be solved by cooperation among the government services. For budget bills of the provincial administration organizations, the provincial administration organizations of Songkhla, Satun, Trang and Narathiwat provinces find no problem, while they have not many problems in Yala but they have many problems in Pattani and Phatthalung.
The result of the research of the using problems of discretion and mandatory powers of the central government and the provincial governments can be discussed each province as the following:
In Songkhla, as for the roles of the governor, if some roles are used much following law, they become control and command rather than supervision and support. The problem roles are referred in the Articles 11(4) (5), 24(2), 32, 36, 53, 54, 80. In case of Interior Minister, they are referred in the Articles 7 and 47. The ministerial regulation that has the most problems in using the discretion and mandatory powers is the Regulation of Local government Budget B.E. 2541 (1998).
In Pattani, if the roles of the governor are used much, they become control and command rather than supervision and support, which are mentioned in the Articles 11(a) (5), 54, 76, 78. For Interior Minister, they are mentioned in the Articles 6, 11(5), 47, 78, 79, 80. The regulations that have the using problems of discretion and mandatory powers are the Budget Bill 2541 (1998), t he Baggage Regulation B.E. 2535 (1992) (Amendment), the Meeting Regulation B.E. 2540 (1997).
In Phatthalung, if the governor's roles are used much by law, they will become control and command, not supervision and support. These roles are mentioned in the Articles 11(4), 36(2), 77, 80. In case of Interior Minister, they are 'mentioned in the Articles 47 and 77. The ministerial regulations with the problems of using the discretion and mandatory powers are the Budget Bill B.E. 2541 (1998) and the Development Plan B.E. 2541 (1998).
In Satun, as for the governor's roles, some roles when used much by law become control and command rather than supervision and support. These roles are mentioned in the Articles 36(2), 49, 53, 54, 76, 77, 80. The Interior Minister is mentioned in the Article 47 and the ministerial regulations with the problems of using the discretion and mandatory powers are the Budget Bill B.E. 2541 (1998) and the Baggage Regulation B.E. 2535 (1992) (Amendment).
In Yala, the governor's roles when used much by law will become control and command, not supervision and support, which are cited in the Articles 11(5), 22, 76, 77, 80. The Interior Minister is cited in the Articles do, do and do, while the ministerial regulations with the problems of using the discretion and mandatory powers are the regulations of Monetary Receipt, Payment, Deposit, Saving Audit B.E. 2541 (1998).
In Trang, the governor's roles used legally much become control and command rather than supervision and support, which are cited in the Articles 11(5), 77, 80. Those of the Interior Minister are mentioned in the Articles 77 and 80. The ministerial regulations with the problems of using the discretion and mandatory powers are the Budget Regulation B.E. 2541 (1998), the Development Plan B.E. 2541 (1998) and the Employment Regulation B.E. 2535 (1993) and 2535 (1995).
In Narathiwat, if the governor's roles are legally much used, they become control and command, not supervision and support. These roles are mentioned in the Articles 11(4), 76, 77, 78. Those of the Interior Minister are mentioned in the Articles 6 and 80. The ministerial regulations that have the using
problems of discretion and mandatory powers are the Budget Bill B.E. 2541 (1998) and the Baggage Regulation B.E. 2535 (1992) (Admendment).
However, the members of all the provincial administration organizations do not agree that the governors have rights to delay the regulations, particularly the unnual budgets. But almost all of the provincial administration organizations agree that the development plans of the provincial administration organizations are to be coincided with those of the provinces and the Interior Ministry. Only the provincial administration organizations of Songkhla and Narathiwat provinces do not agree that the regulations are to coincide with each other because they are in different areas and so have their own development ways.