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Section 8. (8) The Council has the power and duties as follows :
(1) to recommend the Minister on the determination,amendment and revocation of standards;
(2) to permit the use of a standard mark;
(3) to permit the manufacture of industrial products which are required by the Royal Decree to conform with the standard;
(4) to permit the import for sale in the Kingdom of industrial products which are required by the Royal Decree to conform with the standards;
(4 bis)  to recommend the Minister on the determination of rules and conditions on the manufacture or import of industrial products which are required by the Royal Decree to conform with the standard, or to conform with foreign or international standards under section 20 bis and section 21 bis;
(5) to select and submit qualified persons to the Minister for appointment to the Technical Committees;
(6) to carry out other matters under this Act.

Section 9. Members appointed by the Council of Ministers shall hold office for a term of three years.
A member who vacates office may be reappointed.

Section 10. Apart from vocating office at the end of term under section 9 paragraph one, a member appointed by the Council of Ministers vacates office upon:
(1)  death;
(2)  resignation;
(3)  being bankrupt;
(4)  being an incompetent or quasi-incompetent person;
(5)  being imprisoned by a final judgment except for a petty offence or offence committed through negligence;
(6)  being removed by the resolution of the Council of Ministers.

When a member appointed by the Council of Ministers vacates office before the end of term, the Council of Ministers may appoint any other person to replace him.

The member appointed under paragraph two shall hold office for the unexpired term of the member he replaces.

Section 11. At a meeting of the Council, the presence of not less than one-third of the total number of members shall constitute a quorum.

If the chairman is not present at a meeting, the members present shall elect one among themselves to preside over the meeting.

The decision of the meeting shall be made by a majority of votes.

Each member has one vote. In case of an equality of votes, the person who presides over the meeting shall cast an additional vote as a castion-vote.

Section 12. The Council has the power to appoint subcommittees to assist in the execution of functions or deliberation on any matters entrusted by the Council.

The provisions of section 11 shall apply to the meeting of the sub-committees mutatis mutandis.

Section 13. (9) The Minister has the power to appoint qualified persons whom the Council submits under section 8 (5) members of one or several Technical Committees.

The Technical Committee has the duty to prepare a draft standard and carry out other technical matters concerning the standard and submit to the Council. In the performance of its duties, the Technical Committee has the power to appoint subcommittees to assist in carrying out the activities or considering matters entrusted by the Technical Committee.

The provisions of section 11 shall apply to the meetings of the Technical Committees and the technical sub-committees mutatis mutandis.

Section 14. A member of the Technical Committee vacates office upon:
(1)  death;
(2)  resignation;
(3)  being bankrupt;
(4)  being an incompetent or quasi-incompetent person;
(5)  being imprisoned by a final judgment except for a petty offence or offence committed through negligence;
(6)  being advised in writing by the Minister.

Section 15. For the benefit of industrial promotion, the Minister may determine, amend and revoke standards for industrial products according the recommendation of the Council.

The determination, amendment and revocation of standards under paragraph one shall be published in the Government Gazette.

Section 16. (10) Subject to section 25, any person who manufactures industrial products, a standard of which has already been determined, may display the standard mark on his industrial products only after inspection by a competent official and having received a licence from the Council.

The application for a licence, the inspection and the issue of a licence shall be in accordance with the rules and procedures prescribed in the Ministerial Regulation.

Section 17. For the purpose of ensuring safety or preventing harmful effect which may befall the public, the industry or economy of the country, any particular kind of industrial products which shall conform with a standard may be determined.

The determination under paragraph one shall be made by a Royal Decree and the date of its coming into force shall not be less than sixty days form the date of its publication in the Government Gazette.

Section 18. Before the issuance of a Royal decree under section 17, The following steps shall be taken:
(1)  the Institute, shall publish, in the Government Gazette and at least in one Thai daily newspaper for a period of not less than seven days, an announcement stating the intention requiring any particular kind of industrial products to be manufactured in conformity with a standard, the place where the particulars and available and the period for a person wishing to protest to submit his protest to the Institute, which is not less than thirty days from the date of the publication;
(2)  if no protest is received, the Institute shall report to the council, and in such case, the Council shall proceed further;
(3)  in the case where a protest is received, the Institute shall refer the protest to the Council;
(4)  the Institute shall post a notice at the Institute specifying the date, time and place where an hearing of the protest will be held and inform the protestant of it in writing;
(5)  the council shall avail itself of the opportunity for all persons interested to attend and give their opinion in the hearing;
(6)  if the protestant does not show up within the specified time, the Council shall have the power to proceed as it thinks fit;
(7)  When a decision has been made by the Council, the Institute shall post a copy of the decision at the Institute and send one copy thereof to the protestant.

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(8) As amended by section 5 of the Industrial Product Standards Act (No.3),B.E. 2522 (1979)

(9) As amended by section 5 of the Industrial Product Standards Act (No.4) ,B.E. 2531 (1988)

(10) As amended by section 3 of the Industrial Product Standards Act (No.5),B.E. 2535 (1992)

 

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