Chapter 10
Penalties
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Section 62 No person other than the BOT shall use the term “national”, “state”, “Thailand”, “central”, as part of the name or description of a bank, whoever violates the aforesaid provision shall be liable to imprisonment for a term not exceeding 1 year or a fine not exceeding 100,000 Baht or both and a further fine of not exceeding 3,000 Baht per day, for everyday during which such violation continues.

Section 63 Any person violates or fails to comply with Section 10 shall be liable to a fine not exceeding 100,000 Baht.

Section 64 Whoever violates Section 28/20 shall be liable to imprisonment for a term not exceeding one year or a fine not exceeding 500,000 Baht or both.

Section 65 Any financial institution which violates or fails to comply with Section 34 shall be liable to a fine not exceeding 100,000 Baht and a further fine of not exceeding 3,000 Baht per day, for everyday during which such violation continues or until the time the correction has been made.

Section 66 The Governor, the Boards, the officer or employee, having the duty to purchase, manufacture, manage or keep any property dishonestly misappropriates such property for himself or herself or other persons, or dishonestly allows other persons take such property, shall be liable to imprisonment for a term of 5 to 20 years or a life imprisonment or a fine of 500,000 Baht to 2 millions Baht or both.

Section 67 The Governor, the Boards, the officer or employee, wrongfully exercising his or her functions to coerce or induce any person to deliver or to procure a property or any other benefit for himself or herself or other persons, shall be liable to imprisonment for a term of 5 to 20 years or life imprisonment or a fine of 500,000 Baht to 2 millions Baht or both.

Section 68 The Governor, the Boards, the officer or employee, wrongfully demanding, accepting or agreeing to accept for himself or herself or other persons a property or any other benefit for exercising or not exercising any of his or her functions whether such exercise or non-exercise of functions is wrongful or not, shall be liable to imprisonment for a term of 5 to 20 years or life imprisonment or a fine of 500,000 Baht to 2 millions Baht or both.

Section 69 The Governor, the Boards, the officer or employee, performing or omitting any act in one’s own function in consideration of the property or any other benefit demanded, accepted or agreed to accept by oneself before being appointed as official in that post, shall be liable to imprisonment for a term of 5 to 20 years or life imprisonment or a fine of 500,000 Baht to 2 millions or both.

Section 70 The Governor, the Boards, the officer or employee, having the duty in the purchase, execution, management or keep of any thing dishonestly exercises any of his or her functions damaging the BOT, shall be liable to imprisonment for a term of 5 to 20 years or life imprisonment or a fine of 500,000 Baht to 2 millions or both.

Section 71 The Governor, the Boards, the officer or employee, having the duty of managing or looking after any activity, takes the interest for the benefit of himself or herself or other persons concerning such activity, except for the act assigned by the BOT or under the BOT’s regulations, shall be liable to imprisonment for a term of 1 to10 years or a fine of 100,000 Baht or 1 million or both.

Section 72 The Governor, the Boards, the officer or employee, having the duty to defray things, defray such things in excess of what should be defrayed for the benefit of himself or herself or other person, shall be liable to imprisonment for a term of 1 to 10 years or a fine of 100,000 Baht or 1 million or both.

Section 73 The Governor, the Boards, the officer or employee, wrongfully exercising or not exercising any of his or her functions to the injury of any person, or dishonestly exercising or omitting to exercise any of his or her functions, shall be liable to imprisonment for a term of 1 to 10 years or a fine of not exceeding 100,000 to 1 million Baht or both.

Section 74 The Governor, the Boards, the officer or employee who in the performance of duties under the authority in this Act, having acquired knowledge of the BOT’s affairs, which in a normal banking business is to be held in confidence, or is the affairs which the Boards under Section 17 (1) (2) (3) or (4), as the case may be, agrees not to disclose, reveal such knowledge to other persons, shall be liable to imprisonment for a term not exceeding 5 years or a fine of not exceeding 500,000 Baht or both.

The provision in paragraph one shall not apply to the following cases;
(1) disclosure in the performance of duty or for the purpose of investigation or procession;
(2) disclosure concerning the offences in this Act;
(3) disclosure for the purpose of rectifying the condition or operation of financial institutions;
(4) disclosure to the Accounting Auditor of financial institutions or domestic and international institutions which have authority in supervising financial institutions;
(5) disclosure in the performance of duty of state’s organization, domestically and internationally; disclosure to government or institutions, domestically or internationally, which have authority in supervising securities or security market or supervising financial institutions;
(6) disclosure for other purposes as prescribed by law.

Section 75 Any person other than persons specified under Section 74 having acquired the confidence of the BOT’s business under this Act, acts in anyway to allow other persons to acquire such confidence which is not the performance of duty or the implementation of law, shall be liable to imprisonment for a term not exceeding 5 years or a fine of not exceeding 500,000 Baht or both.

Countersigned by,
Field-Marshal P.Pibulsongkram,
Prime Minister

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