Chapter 1
Direct sales and Direct Marketing Commission

Section 8 A Commission shall be set up and called "Direct Sales and Direct Marketing Commission" and shall consist of the following persons:

(1) Chairman appointed by the Cabinet amongst persons of direct sales and direct marketing knowledge and expertise.
(2) Members by position, which include the Director General of the Department of Internal Trade, die Director General of the Department of Industrial Promotion, the Chief Director of the Royal Thai Police and the Secretary General of the Food and Drug Administration.
(3) One Member appointed by the Cabinet amongst representatives of associations with objectives relating to the business of direct sales, one representative of associations with objectives relating to the business of direct marketing and two representatives of associations ox foundations with objectives relating to consumer protection.
(4) Four honorary Members appointed by the Cabinet amongst persons with direct sales or direct marketing knowledge and expertise. At least half of such Members shall be appointed from the private sector.

The Secretary of the Consumer Protection Board shall be a Member and Secretary.

In appointing Members under (3) of the first paragraph, all associations wim objectives relating to the business of direct sales, associations with objectives relating to the business of direct marketing, or associations or foundations with objectives relating to consumer protection, as the case may be, may nominate any competent person(s) to the Cabinet for consideration and appointment The conditions and procedures of nomination shall be pursuant to the rules stipulated by the Minister.

Section 9 The Chairman shall not hold any position or be a partner or shareholder of more than 10% in any partnership or company engaged in the business of direct sales or direct marketing within a period of one year prior to the acceptance of the position or during the position as Chairman.

Section 10 The Members under Section 8(1), (3) and (4) shall hold their positions for a term of three years. The Member may be re-elected for not more than two consecutive terms.

Upoa the expiry of each term as mentioned in the first paragraph, if a new Member has not been appointed, the retiring Member shall remain in position until a new Member has assumed its position.

Section 11 Except the case of retirement by rotation under Section 10, the Member appointed by the Cabinet shall be terminated upon:

(1) Death;
(2) Resignation;
(3) Adjudicated bankrupt;
(4) Being declared incompetent or quasi-incompetent;
(5) Being sentenced by a final judgement to be imprisoned except for offenses committed by negligence or petty offenses;
(6)Being removed from position by the Cabinet due to the failure to perform its duties, dishonesty, misconduct or incompetence, In case of the Member is terminated before the expiry of its term, the Cabinet may appoint a third person in its place. Such person shall serve as Member for the remaining term of the terminated Member.

In case of an additional Member is appointed by the Cabinet during the term of die existing Members, such Member shall hold office for the remaining period of the current term of the existing Members.

Section 12 In the Meeting of the Members, if the Chairman is absent or not present in the meeting, the participating Members shall elect one of the participating Members to act as chairman of the meeting.

In every Meetings of the Members, there shall consist of at least half the number of the Members to constitute the quorum.

The resolution of the meeting shall be passed by majority votes. Each Member shall have one vote. If mere is an equality of the votes, the Chairman of the meeting shall have a casting vote.

Section 13 The Members shall have the following power and duties:

(1) To consider complaints from the consumer who is affected or damaged by the actions of the independent distributor, the direct sales representative, the direct sales operator or the direct marketing operator;
(2) To relate or publicize information regarding the goods or services which may cause damage or harm to the rights of the consumer and for this purpose, the name of the goods or services, or the name of the independent distributor, the direct sales representative, the direct sales operator or the direct marketing operator may be indicated;
(3) To control the operation of the direct sales operator or the direct marketing operator, including to supervise the direct sales and the direct marketing activities;
(4) To stipulate regulations or notifications regarding the observance of this Act;
(5) To consider and decide upon appeals against the Registrar's order;
(6) To refer matters concerning the policy and supervisory procedures to the Cabinet for consideration, and to promote and support the business of direct sales and direct marketing as well as to render opinions regarding direct sales and direct marketing activities as may be authorized by the Cabinet or the Minister;
(7) To control and supervise the performance of the Officers, the government divisions or departments to comply with their respective power and duties under the law, including to accelerate the Officers to proceed with cases on wrongdoing committed against the provisions of this Act;
(8) To initiate the issuance of Ministerial Regulations pursuant to this Act;
(9)Other matters as may be authorized by the Cabinet or the Minister. In observing this Section, the Member may authorize die Office of Consumer Protection to observe or provide reference to the Member for consideration and further actions.

Section 14 The Commission may appoint a sub-Commission to consider or act on its behalf.

Section 15 Section 12 shall be applied to the Meeting of the Sub-Commission mutatis mutandis.

Section 16 In observing Sections 13 and 14, the Commission or the sub-Commission is authorized to summon any person to give a statement, explanation, comments or opinions, including to submit any related documents or evidence, or any other items to support the consideration.

Section 17 In observing this Act, the Commission shall provide reasonable opportunity to the accused or suspect of infringing this Act to explain and clarify the facts except in case of necessity or urgent basis, which a delay may cause critical damage to any person or may effect public interest

In rendering any command or order under this Act, the Commission must give due regard to the damage which may occur to the consumer, the independent distributor, the direct sales representative, the direct sales operator and the direct marketing operator. The Commission, at its own discretion, may stipulate conditions or interim procedures in enforcing such command or order.

Section 18 The Office of Consumer Protection under the consumer protection law shall be responsible for the administrative v/ork of the Commission and the acceptance of the direct sales and direct marketing application, and to supervise the direct sales and direct marketing activities to be in compliance with this Act

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