Bangkok: The Director-General of the Department of Cooperative Promotion has announced adherence to the Supreme Administrative Court's ruling regarding the age limit for cooperative managers, allowing the general assembly of each cooperative the authority to consider their suitability.
According to Thai News Agency, the Director-General, Nirun Multhida, in his capacity as Registrar of Cooperatives, has issued a circular to all Provincial Cooperative Offices nationwide. The circular instructs them to comply with the Supreme Administrative Court's ruling that revokes previous regulations concerning the termination of cooperative managers at the age of 60. The court's decision nullifies these regulations, emphasizing the authority of the cooperative's general assembly to decide on such matters.
The court's ruling was based on the argument that the previous regulations did not reflect the spirit of the law, thereby placing the power to determine the retirement age of cooperative managers with the cooperative's general assembly. Mr. Nirun has provided clarification to the provincial offices about the procedures authorized by the registrar, following the court's revocation of the regulations. These procedures are effective immediately.
Mr. Nirun further detailed three important matters addressed in the circular. Firstly, cooperatives that had bylaws stipulating the age limit of managers at 60 years can continue using these bylaws unless they choose to amend them. Any amendments must be approved by the general assembly and registered with the registrar. Secondly, if the registrar previously refused to register a cooperative's bylaws, the order of refusal must be revoked before reconsideration. Lastly, matters pending consideration can now be registered immediately.
The Director-General reiterated that the regulations regarding the termination of cooperative managers' positions are no longer in effect, allowing the general assembly to make decisions directly on the age limit. Although the age limit remains at 60 years, it is now possible for managers to exceed this age if decided by the general assembly.
Mr. Nirun emphasized that the initial age regulation was established under Section 16 (8) to provide opportunities for younger generations within the cooperatives, aligning with the retirement age of other civil servants.
Additionally, Mr. Rungroj Sarawutpibul, Director of the Registrar and Legal Affairs Office, revealed information on ongoing lawsuits related to this issue. Currently, there are 35 lawsuits filed, with 24 cases brought to court. Three cases were adjudicated involving cooperatives in Nakhon Ratchasima province. Cooperatives agreeing with the registrar's decision have chosen not to amend their regulations, but future amendments can occur without legal obstacles.