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This article has been prepared with the kind assistance of Chaninat & Leeds, a full-service law firm practicing both family and business law, specializing in land acquisition and company registration as well as US K3 visa process for Thais.




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  Internationally
 Hangover 2 and
  the Thai Censors
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The decision shall be made by a majority of votes. Each member shall have one vote. In case of an equality of votes, the Chairman shall have an additional vote as a casting vote. (7)Section 10 The Board may appoint an advisory committee or a sub-committee for consideration or execution of any matter as acts for the Board.

In the performance of duties under paragraph one, the members of an advisory committee or members of a sub-committee shall be an official under the Penal Code (8)Section 11 There shall be the "Office of the Narcotics Control Board" called "O.N.C.B." in brief, which is the Government agency in the Ministry of Justice(9) having the following powers and duties:

(1) to execute as in the status of the performance body of the Board under the powers and duties that is required; (2) to coordinate the policy, plan, budget and the performance of narcotics control with other agencies where relating to, that all this due to Government and Private Sectors;
(3) to support the data, information, affair that including to develop the personal of the agency where relating to, that all this due to Government and Private Sectors which within country and international;
(4) to performance on the public relation to against narcotics;
(5) to coordinate the cooperation with international and the international organizations in the matters of narcotics control;
(6) to coordinate, examine that including follow-up and evaluate the effective of the narcotics control of which the related agency;
(7) to performance other government services which entrusted by the Board. (10)Section 12 There shall be the Secretary- General of the Narcotics Control Board, having the duties to generally to superior the performance of the office affairs of the Office of the Narcotics Control Board, who directed to the Ministry of Justice, and shall be the superior official of the Office of the Narcotics Control Board. And there shall be Deputy Secretary- General to assist the Secretary- General in the performance of official duties.

Section 13 The Board shall have the powers and duties as follows:

(1) to prepare work plans and measures for preventing and suppressing the offenders under the laws relating to narcotics;
(2) to control the investigation, inquiry and prosecution of offences under the laws relating to narcotics;
(3) to prepare and implement projects as well as to instruct the Government agencies concerned to disseminate knowledge in narcotics;
(4) to control, expedite and co-ordinate the performance of duties of the Government agencies having the powers and duties in respect of the execution of the laws relating to narcotics;
(5) to submit recommendations to the Cabinet-Council in order that there may be the improvement in the performance of official affairs or in the work plans or projects of the Government agencies having the powers and duties in respect of the execution of the laws relating to narcotics;
(6) to co-ordinate and supervise the treatment and healing of narcotic addicts;
(7) to consider and approve the appointment of competent officials for the execution of this Act.
(11) (8) to submit recommendations to the Cabinet-Council in order to prescribe controlling measure for prevention and suppression of narcotics offences taking place in the business place and prescribe and kind of business place to be the certain place under control of such controlling measure.
(2)1(9) to perform other duties as designated by this Act to be the authorities and responsibilities of the Board. (13)(10) to submit commendations relating to the providing the virtue merit or removing or discipline punishment to an official, a local officer, a state enterprise officer, or an officer of Government agency who entrusted by, to performance the duties relating to resolution of narcotics problems or concerned with the commission of offence relating to narcotics, including to request the Government agency which is the superior of such official or officer to accelerate the execution which related to that;
(14)(11) to consider and execution for providing the budget to the agency of the Government or Private Sectors where relating to narcotics control, including to supervise and follow-up the budget payment of such agencies; (15)(12) to support the agency of the Government or Private Sectors, including people in which participation of the narcotics control.

(16)Section 13 bis The Prime Minister under the approval of the Cabinet-Council has the power to issue the notifications on designating measure for prevention and suppression of any narcotics offence in the business place and prescribe any kind of business places to be under controlled of such measure, as published in the Government Gazette.

(17)Section 13 tri In case of the competent official found out that there is any offence relating to Section 13 bis committed in the business place, if the proprietor or overseer of the business places could not clarity or prove to the Board that he or she has no advisable exercise as might be expected in such circumstances. The Board has the power to order the temporary closure of the business places or suspension of business license within the period of not exceeding fifteen days in each time from the day of proprietor or overseer have informed the order.

In case of the business places where were ordered to be closed or suspended of business license are the places under control of other legislations, the Secretary General has to inform the mentioned order to that concerned agencies which taking control of such business and then such concerned agency has to perform in accordance with the order.

The temporary closure or suspension of business license and the procedure of such notification to the proprietor or the overseer as mentioned in the paragraph one as well as the proceeding of notice to other concerned agency as mentioned in the paragraph two shall be in accordance with the rule regulation and condition as prescribed by the Minister. (18)Section 14 For the execution to control the commission of offence relating to narcotics, the member, Secretary-General, Deputy Secretary-General and competent official shall have the following powers:

(1) to enter any dwelling place or premises to search when there is a reasonable ground to suspect that there is person who had a reasonable ground to suspect that committed the offence relating to narcotics is hidden or there is property which possesses to be an offence or acquired through the commission of an offence or used or intended to use in the commission of the offence relating to narcotics or which may be used as the evidence, together with a reasonable ground to believe that because of more delayed to got the search warrant, such person shall escaped or such property shall removed, hidden, destroyed or transformed in original;
(2) to search any person or conveyance which there is a reasonable ground to suspect that there are narcotics unlawful hidden;
(3) to arrest any person who committed the offence relating to narcotics;

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* As amended by the Narcotics Act (No.2) B.E.2528 (1985), (No.3) B.E.2530 (1987), (No.4) B.E.2543 (2000)

(1) As amended by the Narcotics Act (No.4) B.E.2543, published in the Government Gazette Vol. 117, Part 111A, dated 29th November B.E.2543, (No.5) B.E.2545, published in the Government Gazette, Vol. 119 Part 96A, dated 30 September B.E.2545

(2) Published in the Government Gazette Vol.96, Part 63, dated 27th April B.E.2522 (1979)

(3) Repealed by section 3 of the narcotics Act (No.2) B.E.2528 (1985), published in the Government Gazette Vol.102, Part 154, dated 24 October B.E.2528 (1985)

(4) Repealed and Replaced by section 4 of the Narcotics Act (No.2) B.E.2528 (1985)

(5) see the Notification of the Ministry of Public Health No.135 (B.E.2539) specifying names and categories of narcotics according to Narcotics Act B.E.2522 (1979) amended by Narcotics Act No.150 (B.E.2541), No.154 (B.E.2542), No.158 (B.E.2542) and No.170 (B.E.2544)

(6) Repealed and Replaced by section 3 of the Narcotics Act (No.3) B.E.2530 (1987), published in the Government Gazette Vol.104, Part 269, dated 28th December B.E.2530 (1987)

(7) Added by section 4 of the Narcotics Act (No.3) B.E.2530 (1987)

(8) Added by section 3 of the Narcotics Act (No.5) B.E.2530 (2002)

(9) Added by section 4 of the Narcotics Act (No.3) B.E.2530 (1987)

(10)- (11) Repealed and Replaced by section 4 of the Narcotics Act (No.5) B.E.2545 (2002)

(12)-(13) Added by section 5 of the Narcotics Act (No.5) B.E.2545 (2002)

 

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