LEGAL ACTION ON THE PERFORMANCE OF DUTY AND POWER UNDER SECTION 37 AND SECTION 38 OF THE SANGHA ACT B.E. 2505 AMENDED BY THE SANGHA ACT (NO. 2), B.E. 2535

Abstract

The purposes of this research article were 1) to study the legal measures relating to the performance of duty and power, 2) to analyze the legal measures relating to the performance of duty and power, and 3) to suggest guidelines for the implementation of the legal measures relating to the performance of duty and power under section 37 and Section 38 of the Sangha Act, B.E. 2505, amended by the Sangha Act (No. 2), B.E. 2535. Qualitative research was conducted and focus on the content of duty and power of the abbot. Documentary analysis and content analysis were used in the data analysis.Results showed that: 1) results of a study on legal measures relating to the performance of duty and power under Section 37 and Section 38 of the Sangha Act, B.E. 2505, amended by the Sangha Act (No. 2), B.E. 2535, indicate that the duties of the abbots have the powers with the Dharma and Vinaya or the Sangha Council's rules, regulations or orders. 2)The results of the analysis of legal measures relating to the performance of duty and power under section 37 and section 38 of the Sangha Act, B.E. 2502, amended by the Sangha Act (No. 2), B.E. 2535 of the Sangha in Section 37: The duty should be performed and Section 38: The power must be performed. 3) The proposed guidelines for the implementation of legal measures relating to the performance of duty and power under Section 37 and Section 38 of the Sangha Act, B.E. 2502, amended by the Sangha Act (No. 2), B.E. 2535 comply with legal measures, including. The law and the Sangha Council’s rules should be revised for the abbot to have duty and authority in working according to the Strategic Plan for Reforming Buddhist Affairs B.E. 2560-2564 in 6 areas + 1 as a legal measure. There should be a screening process for the representative of the temple or of the abbot in the management of the temple's religious properties; to control, check and balance the powers of those involved; and to manage religious properties of the temple in accordance with the methods prescribed in the Ministerial Regulations.