DIVISION 8
DISCIPLINARY PROCEDURES
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Section 127:
In the case where it is evident to the ERC that there is a violation or a breach of Section 53, Section 55, Section 58, Section 63, Section 70, Section 71, Section 73, Section 74, Section 79, Section 80, Section 85, Section 86, Section 87, Section 89, Section 92, Section 96 (Clause one) or Section 102, the ERC shall have the power to order the licensee to act or refrain from the act, or to improve or rectify the act, within a specified period of time.

Section 128:
In the case where the licensee violates or fails to comply with the ERC’s order under Section 56, Section 57, Section 61, Section 62, Section 68 (2), Section 72 (Clause two), Section 82, Section 83 (Clause two), Section 84 (Clause two) or Section 127, and where the period for lodging an appeal under Section 121 has elapsed, or in the case where an appeal is submitted under Section 121 but the ERC has passed a resolution overriding the appeal, and when the ERC has issued a warning notification to the licensee but still no compliance with the order is made, the ERC shall consider determining an administrative fine, which shall not exceed five hundred thousand (500,000) Baht per day, taking into account the degree of severity of the violation or breach of the order as well.

In the case where no payment of the administrative fine is made, the enforcement of disciplinary procedures shall be made pursuant to Part 8: Disciplinary Procedures, Division 2: Administrative Orders, under the Administrative Procedure Act, B.E. 2539 (1996).

In the event that the licensee still ignores to rectify the operation or violates the license suspension order, or in the event that serious damage affecting the public interest arises, the ERC shall have the power to suspend or revoke his license, as the case may be.

DIVISION 9
PUNISHMENT
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Section 129:
Whoever violates Section 20 shall be punished with imprisonment of not exceeding one (1) year or a fine of not exceeding one million (1,000,000) Baht, or both.

Section 130:
Whoever obstructs or fails to comply with the order of the ERC, the sub-committee or the person appointed by the ERC under Section 24 and exercising their authority under Section 25, or of the competent officials exercising their authority under Section 122, shall be punished with imprisonment of not exceeding one (1) year or a fine of not exceeding one million (1,000,000) Baht, or both.

Section 131:
Whoever refuses to facilitate the competent officials pursuant to Section 122 and Section 123 shall be punished with imprisonment of not exceeding six (6) months or a fine of not exceeding ten thousand (10,000) Baht, or both.

Section 132:
Any person who misrepresents or provides distorted information to the ERC, the sub-committee or the person appointed by the ERC under Section 24, and hence damage caused to the Office, energy consumers, licensees or other persons, shall be punished with imprisonment of not exceeding six (6) months or a fine of not exceeding five hundred thousand (500,000) Baht, or both.

Section 133:
Whoever violates Section 47 (Clause one) or Section 59 (Clause one) shall be punished with imprisonment of not exceeding two (2) years or a fine of not exceeding ten million (10,000,000) Baht, or both.

In addition to the punishment under Clause one hereof, the violator of Section 47 (Clause one) shall be subject to a fine of not exceeding twenty thousand (20,000) Baht per day so long as the violation still continues.

Section 134:
Whoever does not comply with the ERC’s order issued under Section 127, arising from the violation of Section 96 (Clause one), shall be punished with imprisonment of not exceeding one (1) month or a fine of not exceeding twenty thousand (20,000) Baht per day so long as the violation still continues.

Section 135:
Whoever violates Section 61 (1), Section 76 (Clause one) or Section 84 (Clause two) shall be punished with imprisonment of not exceeding two (2) years or a fine of not exceeding four million (4,000,000) Baht, or both.

Section 136:
Any licensee to be a standard testing and certifying entity, who commits the act under Section 77 (2), shall be punished with imprisonment of not exceeding two (2) years or a fine of not exceeding four million (4,000,000) Baht, or both.

Section 137:
Whoever violates Section 116 (Clause two) or Section 117 shall be punished with imprisonment of not exceeding ten (10) years or a fine of not exceeding ten million (10,000,000) Baht, or both.

Section 138:
Whoever violates Section 118 shall be punished with imprisonment of not exceeding six (6) months or a fine of not exceeding ten thousand (10,000) Baht, or both.

If such an act has caused destruction, damage, depreciation or negation to the energy network system, the person who commits the act shall be punished with imprisonment of not exceeding two (2) years or a fine of not exceeding two hundred thousand (200,000) Baht, or both.

Section 139:
Whoever clandestinely uses the services of a licensee without legitimate rights, which causes damage to the licensee, shall be punished with imprisonment of not exceeding three (3) years or a fine of not exceeding three hundred thousand (300,000) Baht, or both.

Section 140:
For any offenses under Section 131, Section 132, Section 134 or Section 138 (Clause one), the ERC shall have the power to settle the case. For this purpose, the ERC may appoint a sub-committee to settle the case in its place and may establish the settlement criteria or set up any conditions for the duty execution of the sub-committee.

In the case where an offense is evident to the inquiry officials and the offender consents to settle the case, the inquiry officials shall expeditiously refer the case to the ERC for further consideration of the settlement.

When the offender has paid the fine imposed on him through the setttlement, the case shall be deemed to have been settled under the Criminal Procedure Code.

Section 141:
In the event that the person who has committed an offense and who shall be punished under this Act is a juristic entity, the managing director, the manager or any person responsible for the operation of that juristic entity shall also be punished pursuant to the provision dealing with that offense, unless he can prove that he has no part in or consent to the commission of the offense.

TRANSITIONAL PROVISIONS
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Section 142:
At the initial term, the selection of the ERC shall be completed within one hundred and twenty (120) days as from the effective date of this Act.

The National Energy Policy Council shall temporarily assume charge of the ERC until His Majesty the King graciously appoints the ERC under this Act.

Section 143:
The Director General of the Energy Policy and Planning Office shall assume charge of the Secretary General, and the Energy Policy and Planning Office shall assume charge of the Office until the Secretary General is appointed and the Office established under this Act.

Section 144:
For the purpose of enhancing efficient operation of the Office, the Minister, by and with the cabinet approval, may designate the secondment of the civil servants, government staff members or employees from government departments, local government affairs bureaux or other government agencies to assist with the work of the Office on a temporary basis, while obtaining a salary from their respective offices of recruitment but being under the Secretary General’s supervision.

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