Chapter 7
Punishment
Section 35. Any person violates the provisions under Section 7 shall be liable to imprisonment
for a term not exceeding one year, or to a fine not exceeding one million Baht or not exceeding
value of fuel being traded and other interests acquired by such person depending on whichever is
greater, or to both.
Section 36. Fuel trader under Section 7 who fails to comply with the conditions set by the
Minister under Section 8 shall be liable to imprisonment for a term not exceeding six months or
to a fine not exceeding fifty thousand Baht, or to both.
Section 37. Fuel trader under Section 7 who stops his business operation without notifying to the
Minister in accordance with Section 9 or fails to comply with Section 14 paragraph one shall be
liable to imprisonment for a term not exceeding six months or to a fine not exceeding fifty
thousand Baht, or to both.
Section 38. Any person fails to comply with Section 10 or Section 11 shall be liable to
imprisonment for a term not exceeding six months or to a fine not exceeding five hundred
thousand Baht or not exceeding value of fuel being trade and other interests acquired by such
person depending on whichever is greater, or to both.
Section 39. Fuel trader under Section 10 or fuel trader under Section 11 who fails to comply
with the conditions under Section 13 shall be liable to imprisonment for a term not exceeding six
months or to a fine not exceeding fifty thousand Baht, or to both.
Section 40. Fuel trader under Section 10, fuel trader under Section 11 or fuel transporter under
Section 12 who fails to comply with Section 14 shall be liable to a fine not exceeding fifty
thousand Baht.
Section 41. Any person fails to comply with Section 12 shall be liable to imprisonment for a
term not exceeding six months or to a fine not exceeding fifty thousand Baht, or to both.
Section 42. Fuel trader under Section 7 or fuel trader under Section 10 who fails to comply with
Section 16 or submits false account or documents in accordance with Section 16 shall be liable
to imprisonment for a term not exceeding six months or to a fine not exceeding fifty thousand
Baht, or to both.
Section 43. Fuel trader under Section 7 who fails to submit the plan under Section 17 paragraph
one or fails to submit the additional detailed implementation plan under Section 17 paragraph
two or willfully fails to conduct his business in accordance with the plan under Section 17
without due reasons shall be liable to imprisonment for a term not exceeding six months or to a
fine not exceeding fifty thousand Baht, or to both.
Section 44. Fuel trader under Section 7 who fails to submit his annual trade volume to the
Director-General for an approval according to Section 14 paragraph one shall be liable to
imprisonment for a term not exceeding three months or to a fine not exceeding fifty thousand
Baht, or to both, and to an additional fine not exceeding five thousand Baht per day until such
requirement has been found to be correctly complied with.
Section 45. Fuel trader under Section 7 who willfully fails to submit the annual trade volume to
be approved by the Director-General under paragraph one of Section 14 shall be liable to
imprisonment for a term not exceeding three months or to a fine not exceeding fifty thousand
Baht, or to both, and to a fine not exceeding five thousand Baht per day until such requirement
has been found to be correctly complied with.
Section 46. Fuel trader under Section 7 who fails to comply with Section 20paragraph one or
paragraph four, or fails to comply with conditions prescribed by the Director-General according
to Section 22 paragraph three shall be liable to imprisonment for a term not exceeding six
months or to a fine from five hundred thousand Baht to one million Baht per day until such
requirement has been found to be correctly complied with, or to both.
Section 47. Fuel trader who fails to comply with the order or conditions under Section 24 shall
be liable to imprisonment for a term not exceeding one year or to a fine not exceeding one
hundred thousand Baht, or to both.
Section 48. Fuel trader who violates Section 25 paragraph three shall be liable to imprisonment
for a term not exceeding one year or to a fine not exceeding one hundred thousand Baht, or to
both.
Section 49. Any person carrying out adulteration of fuel or by any means making appearance or
quality of fuel different from whatever prescribed or approved by the Director-General according
to Section 25 paragraph one, for distribution purpose, shall be liable to imprisonment for a term
not exceeding three years or to a fine not exceeding three hundred thousand Baht, or to both.
In case where the offender being fuel trader under Section 7, fuel trader under Section 10, fuel
trader under Section 11, or fuel transporter under Section 12 shall be liable to imprisonment for a
term not exceeding five years or to a fine from fifty thousand Baht to five hundred thousand
Baht, or to both.
Section 50. Any person has under possession of fuel with appearance or quality different from
whatever prescribed or approved by the Director-General under Section 25 paragraph one at a
volume of two hundred liters and upwards shall be presumed that such person carrying out
adulteration of fuel for distribution purpose, except when it can be proved that:
(1) He has under possession of such fuel for his own use.
(2) He has under possession of such fuel in accordance with the rules and procedures
prescribed in a law regarding control of fuel or other laws.
(3) He has acquired such fuel without knowing that such fuel having appearance or
quality different from whatever prescribed or approved by the Director-General under
Section 25 paragraph one, or
(4) He has acquired or has under possession of fuel for usage other than usage as fuel
under this Act.
In case the person having under possession of fuel according to paragraph one being fuel trader
under Section 7, fuel trader under Section 10, fuel trader under Section 11 or fuel transporter
under Section 12, who is required by the Minister or the Director-General to comply with the
conditions on fuel quality inspection by any method under Section 8, Section 13 or Section 30
paragraph one, as the case may be, where such method has been conducted, he may have knowledge that such fuel having appearance or quality different from what prescribed or
approved by the Director-General under Section 25 paragraph one, the claim according to (3) in
paragraph one shall be dismissed, except the investigation showing that such person has
complied with the conditions on fuel quality inspection and the results have not shown that such
fuel being of appearance or quality different from whatever prescribed or approved by the
Director-General under Section 25 paragraph one.
The provisions in paragraph one and paragraph two shall have no effect upon fuel trader having
under possession of fuel of appearance or quality different from whatever prescribed or approved
by the Director-General under Section 25 paragraph one but being granted a relaxation by the
Director-General under Section 25 paragraph three, and used lubricant or used grease under
Section 25 paragraph four.
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