Section 51. In case where any person carrying out distribution or having under possession for distribution purpose of fuel of appearance or quality different from whatever prescribed or approved by the Director-General under Section 25 paragraph one or offender under Section 48 being an employee or a person assigned by fuel trader or fuel transporter, or such offense taking place within the office or at the place of distribution or in a fuel transporting vehicle belonged to fuel trader or fuel transporter, it shall be presumed that such fuel trader or fuel transporter
collaborates with such offense, except where it can be proved that he had exercised reasonable precautions to prevent such offense from happening.

Section 52. Any person submits false results of test for appearance or quality of fuel according to Section 26 (2) or Section 28 shall be liable to imprisonment for a term not exceeding 6 months or to a fine not exceeding fifty thousand Baht, or to both.

If the offense under paragraph one being conducted with bad motive, such offender shall be liable to twice punishment imposed under paragraph one.

Section 53. Fuel trader under Section 7 who fails to comply with Section 26 shall be liable to a fine from one thousand Baht to fifty thousand Baht.

Section 54. Fuel trader under Section 10, fuel trader under Section 11 and fuel transporter under Section 12 who fails to comply with Section 27 shall be liable to a fine from one thousand Baht to fifty thousand Baht.

Section 55. Any person carrying on distribution of fuel having suspension order from the competent officer, or breaking the seal on fuel nozzle sealed by the competent officer under Section 29 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 56. Fuel trader under Section 7 who fails to comply with Section 30 paragraph one shall be liable to imprisonment for a term not exceeding two years or to a fine not exceeding two hundred thousand Baht, or to both.

Fuel trader under Section 7 who fails to comply with Section 30 paragraph two 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.

Fuel trader under Section 10 or fuel trader under Section 11 who fails to comply with Section 30 paragraph one 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.

Fuel trader under Section 10 or fuel trader under Section 11 who fails to comply with paragraph two of Section 30 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 57. Any person who hinders the competent officer form executing his duties under Section 31 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 58. Any person who fails to comply with an order by the competent officer under Section 31 shall be liable to imprisonment for a term not exceeding three months or to a fine not exceeding twenty five thousand Baht, or both, and to a fine not exceeding one thousand Baht per day until such order has been found to be correctly complied with.

Section 59. Any person who fails to comply with Section 32 shall be liable to a fine not exceeding twenty five thousand Baht.

Section 60. In case a juristic person commits offence and is liable to a punishment under this Act, the board of director, managers or persons authorized to act on behalf of such juristic person shall also be liable to punishment as provided for such violation, except it can be proved that such person has no part in committing the offence.

Section 61. Fuel or any asset that the court ruled to be forfeited shall be submitted to the Department of Commercial Registration for destroying or managing, as it thinks fit.

In case such fuel or assets must be destroyed, the court shall order the owner of such fuel to pay occurring expense to the official.

Section 62. Where the penalty for the offense under this Act is only a fine or imprisonment for a term not exceeding one year, the Director-General shall be empowered to settle the case by fining.

In case an inquiring officer found that any person commits the offences under paragraph one and such person agreed to pay the fine, the inquiring officer shall submit the case to the Director- General or assigned person within seven days as from the date of settlement.

Upon the accused having paid the fine in accordance with the amount settled within the designated period, such case shall be settled in accordance with the provisions of the Code of Criminal Procedure.

If the accused does not agree to the fine or does not pay the fine within the designated period, the case shall be continued.

In case where there is asset that may be forfeited under the law, the assigned officer shall have the power to settle in the following cases:
(1) the asset of which production, usage, or possession is an offense, where the offender agrees to revert such asset to the Department of Commercial Registration.
(2) the asset acquiring by committing an offence, and there is a law prohibiting its distribution, sale or transfer, where such asset can be rectified, and the offender agreed and rectified such asset.
(3) the asset acquiring by committing an offense, and there is a law prohibiting its distribution, sale or transfer, where such asset can not be rectified, and the offender agreed to revert such asset to the Department of Commercial Registration; in this case, the offender may also be required to pay the expense for destroying such exhibit.

Chapter 8
Transitory Provisions

Section 63. Fuel trader being granted trading license by the Minister under Section 6 of the Fuel Act B.E. 2521 shall be fuel trader under Section 7 of this Act.

Section 64. Annual trade volume and storage place of fuel approved by the Minister under the Fuel Act B.E. 2521 shall be the annual trade volume and storage place approved by the Director- General under this Act.

Section 65. Fuel trader required to apply for registration according to Section 10 or Section 11, and fuel transporter required to submit information according to Section 12 of this Act, shall submit an application or registration according to Section 10 or Section 11 or information according to Section 12 of this Act to the Director-General, as the case may be, within sixty days from the date of this Act has come into force.

Section 66. All ministerial regulations, notifications, rules, orders or conditions issued or prescribed according to the Fuel Act B.E.2521 being in force on the date this Act becomes effective shall still be in effect to the extent that they are not conflicting with or are contradictory to the provisions of this Act until the ministerial regulations, notifications, rules, orders or conditions issued under this Act are in effect.

Countersigned by
Chuan Leekpai
Prime Minister

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