Section 27. (17) A licence expires when:
(1) the licensee ceases his operation:
(2) the licensee under section 16 applies for the cancellation of the display of the standard mark on his industrial products;
(3) the Notification or the Royal Decree determining a new standard, amending or revoking the standard in connection with such kind of industrial products comes into force, In case of determining a new standard or amending the standard, the licensee wishing to comply with the new standard or the amended standard shall submit an application for a licence before the date on which the new or amended standard comes into force. After having submitted the application therefor, he shall continue his operation under the previous licence and under the previous standard within the period prescribed by the Council which shall not exceed one year as from the date the new or amended standard comes into force.
Section 28. When the licensee ceases his operation, he shall notify the Council in writing within thirty days from the date of cessation thereof.
Section 29. The licensee under section 20 or section 21 shall manufacture the industrial products in conforminty with the standard thereof or import industrial products which are in conformity with the standard thereof, as the case may be.
Section 30. The Minister shall determine a standard mark to be used in connection with the industrial products under section 16, section 20 and section 21.
The description, making and method of displaying of the standard mark shall be in accordance with the rules and procedures prescribed in the Ministerial Regulation.
Section 31. No person other than the licensee under section 16, section 20 or section 21 shall use the standard mark.
Section 32. No person shall imitate the standard mark so as to mislead the public.
Section 33. (18) The licensee under section 20 and section 21 shall display the standard mark before taking the industrial products out of the premises where they are manufactured or before receiving them from the Costoms Officer. In the latter case, the Minister may permit that the standard mark be exhibited afterwards under the specified conditions.
In the case where the permission to manufacture of import industrial products different from the standard under section 20 bis or section 21 bis, as the case may be, has been granted, the licensee or authorized person shall display the mark or statement showing that such industrial products do not conform with the standard under this Act pursuant to paragraph one. Such mark or statement shall be prescribed by the Council.
In the case where there is an evidence that the imported industrial products conform with a foreign standard not lower than the standard under this Act and foreign standard mark is displayed thereon, the Council may exempt the licensee or authorized person from using the standard mark under paragraph one or mark or statement under paragraph two, as the case may be.
Section 34. In using the standard mark, the licensee shall cause his name or registered trade mark to be displayed in accordance with the rules and procedures prescribed in the Ministerial Regulation.
Section 35. No licensee under section 16, section 20 or section 21 shall display the standard mark on the industrial products which do not conform with the standard.
Section 36. (19) No person shall advertise, sell or have for sale, any industrial product knowing that it does not conform with section 16, section 20, section 20 bis, section 21, section 21 bis,section 29 or section 33 paragragh one or paragraph two, or that it is an industrial product on which the standard mark is displayed in violation of section 31, section 32 or section 35.
Section 37. (20) The Council has the power to suspend a licence for a period not exceeding three months each time when it is found that the licensee violates or fails to comply with section 24, section 25, section 29, section 33 paragraph one, section 34, section 35 or the Ministerial Regulation issued under this Act or the conditions prescribed by the Council under section 25 bis.
Section 38. If the person whose licence has been suspended has complied with this Act, The Council may cancel the order suspending the licence before the end of the suspension period.
Section 39. The Council has the power to revoke a licence when it is found that the licensee whose licence has been suspended has committed a similar offence within the past five years.
Section 39 bis. (21) The Minister has the power to revoke the permission given under section 20 bis or section 21 bis, when it is found that the licensee or authorized person, as the case may be, has not complied with section 33 paragraph two or the rules or conditions prescribed by the Council.
Section 40. Before suspending a licence under section 37 or revoking a licence under section 39, the Council shall order the Institute to give the licensee a written warning to rectify his practice within a specified time, but it shall not relieve him from the liability for the offence committed under this Act. In the case where the said licensee is not found, the written warning shall be posted on the establishment specified in the licence, and the licensee shall be deemed to have knowledge of the warning from the date thereof.
Section 41. (22) When the order under section 37, section 39 or section 39 bis has been issued, the Institute shall notify in writing the relevant person of the suspension, revocation or cancellation. In the case where the relevant person is not found, a notice shall be posted on the establishment specified in the licence or permit, as the case may be, and such person shall be deemed to have knowledge of the order from the date thereof.
Section 42. When the Council suspends or revokes a lincence, the licensee has the right to appeal against the order to the Minister within thirty days from the date of the knowledge of the order.
The decision of the Minister shall be final.
During the appeal, the appellant may request the Minister to stay the enforcement of the order of suspension or revocation of the licence.
Section 43. A person whose licence in connection with a particular kind of industrial products has been revoked may not apply for a new licence in connection therewith until a period of six months from the date of the knowledge of the order has elapsed.
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(17) As amended by section 7 of the Industrial Product Standards Act (No.4), B.E. 2531 (1988)
(18) As amended by section 8 of the Industrial Product Standards Act (No.3) B.E. 2522 (1979)
(19) As amended by section 9 of the Industrial Product Standards Act (No.3) B.E. 2522 (1979)
(20) As amended by section 8 of the Industrial Product Standards Act (No.4) B.E. 2531 (1988)
(21) As amended by section 10 of the Industrial Product Standards Act (No.3) B.E.2522 (1979)
(22) As amended by section 11 of the Industrial Product Standards Act (No.3) B.E. 2522 (1979) |