Section 44. ⁽²³⁾ In the performance of his duties, a competent official shall have the power:
(1)  to enter premises where the industrial products are manufactured, kept or sold during the time between sunrise and sunset or during the office hours,or a vehicle carrying industrial products, for the purpose of inspection of the industrial products or the manufacturing thereof whether or not they conform with this Act, and to take reasonable quantities of the industrial products, materials used or having reasonable ground to believe that they will be used in the manufacture thereof as samples for further inspection;
(2)  to enter premises or any other place during the time between sunrise and sunset or during the office hours, or any vehicle where there is a reasonable ground to suspect that this Act is not complied with or is violated, and to take reasonable quantities of the industrial products, materials used or having reasonable ground to believe that they will be used in the manufacture thereof as samples for further inspection;
(3)  to seize or attach industrial products in the case where there is a reasonable ground to believe that;
      (a)  they do not conform with section 16, section 20, section 20 bis, section 21, section 21 bis, section 29 or section 33 paragraph one or paragraph two;
      (b)  they do not conform with the rules and conditions prescribed by the Council under section 20 bis paragraph two or section 21 bis paragraph two; or
      (c)  they are industrial products on which the standard mark is used or displayed in violation of section 31, section 32 or section 35.

Section 45. A competent official shall have an identity card in the form prescribed in the Ministerial Regulation.
In the performance of his duties under section 44, the competent official must produce his identity card to persons concerned.

Section 46. ⁽²⁴⁾ As for the industrial products which have been seized or attached by the competent official under section 44 (3) , the Council shall have the following power:
(1)  in the case where the licensee under section 16 violates section 35 or in the case of failing to comply with section 16 and thereby violating section 31,the Council may order that the industrial products be modified or improved to be in conformity with the standard, or may order that the standard mark be removed from or taken out of such industrial products: if the standard mark cannot be removed from or taken out of the industrial products, the Council may order that the industrial products be destroyed;
(2)  in the case of failing to comply with section 20 or section 21, or violating or failing to comply with the rules or conditions prescribed by the Council under section 20 bis paragraph two or section 21 bis paragraph two, the Council may order that the industrial products be destroyed, or in case of imports, may order that they be sent back; if they are not sent back, the Council may order that the industrial products be destroyed or that they be withheld for the manufacturer or importer to apply for a licence or permit;
(3)  in the case where the licensee fails to comply with section 29, the Council may order that the industrial products be modified or improved to be in conformity with the standard, or may order that the industrial products be destroyed, or in the case of imports, may order that they be sent back and may also order that the standard mark be removed from or taken out of such industrial products; if they are not sent back or the standard mark is not removed from or taken out of the industrial products, the Council may order that the industrial products be destroyed.
(4)  in the case where the advertiser, the seller or the person having the products for sale acts in violation of section 36, the Council may order that the industrial products be modified or improved to be in conformity with the standard or may order that they be destroyed;

provided that, the licensee, the person who obtains a permit, the manufacturer, the importer, the advertiser, the seller or the person having the products for sale, as the case may be, shall bear the expenses incurred from the modification, improvement, destruction or sending back of the industrial products or the withholding in order to apply for a licence or permit or the removal or taking of the standard mark from or out of the industrial products.

Section 46 bis. ⁽²⁵⁾ As to the industrial products seized or attached under section 44 (3), if the owner or possessor thereof does not appear within ninety days as from the date of the seizure or attachment, the ownership thereof shall be vested in the state and the Institute shall, with the approval of the Council, have the power to manage them in any manner whatsoever as it thinks fit.

If the industrial products so seized or attached under section 44 (3) are perishable, or if being kept would involve risks of damage or incur expenses more than their value, the Institute may arrange for the sale of such products by auction before the case is final or before they are vested in the state. The net proceeds from the sale of such products after deduction of expenses and all obligations shall be held in lieu of such products.

Section 47. A person who is affected by the performance of the duty of a competent official shall provide facilities, assistance. or explanations to the competent official at his request.

Section 48. ⁽²⁶⁾ Any person who fails to comply with section 20 or section 21 shall be liable to imprisonment for a term not exceeding two years or to a fine not exceeding one hundred thousand Baht or to both

Section 48 bis. ⁽²⁷⁾ Any person who has been granted permission to manufacture or import industrial products under section 20 bis paragraph one or section 21 bis paragraph one and violates or fails to comply with the rules or conditions prescribed by the Council under section 20 bis paragraph two or section 21 bis paragraph two, as the case may be, or fails to comply with section 33 paragraph two shall be liable to imprisonment for a term not exceeding two years or to a fine not exceeding one hundred thousand Baht or to both.

Section 49 ⁽²⁸⁾ Any licensee who fails to comply with section 22 or section 23 paragraph one shall be liable to a fine not exceeding one thousand Baht.

Section 50. ⁽²⁹⁾ Any licensee who fails to comply with section 24, section 25 or section 28 shall be liable to imprisonment for a term not exceeding one month or to a fine not exceeding five thousand Baht or the both.

Section 51. ⁽³⁰⁾ Any licensee who fails to comply with section 29 shall be liable to imprisonment for a term not exceeding two years or to a fine not exceeding one hundred thousand Baht or to both.

Section 52. Any person who violates section 31 or section 32 shall be liable to imprisonment for a term not exceeding three months or to a fine not exceeding twenty thousand Baht or to both.

Section 53. Any licensee who fails to comply with section 33 paragraph one or section 34 shall be liable to imprisonment for a term not exceeding one month or to a fine not exceeding five thousand Baht or to both.
Section 54. ⁽³¹⁾ Any licensee who violates section 35 shall be liable to:
(1)  in the case of a licensee under section 16, imprisonment for a term not exceeding three months or to a fine not exceeding twenty thousand Baht or to both;
(2)  in the case of a licensee under section 20 or section 21, imprisonment for a term not exceeding two years or to a fine not exceeding one hundred thousand Baht or to both.

Section 55. Any person who violates section 36 shall be liable to imprisonment for a term not exceeding one month or to a fine not exceeding five thousand Baht or to both.

Section 56. ⁽³²⁾ Any person who obstructs a competent official while performing his duties under section 44 shall be liable to imprisonment for a term not exceeding three months or to a fine not exceeding twenty thousand Baht or to both.

Section 56 bis. ⁽³³⁾ Any person who fails to comply with the order of the Council under section 46 shall be liable to imprisonment for a term not exceeding three months or to a fine not exceeding twenty thousand Bath or both

Section 57. ⁽³⁴⁾ Any person who faits to provide facilities, assistance or explanations to a competent official under section 47 shall be liable to a fine not exceeding one thousand Bath

Section 57 bis. ⁽³⁵⁾ In the case where a juristic person is an offender under this Act, The representative, director, manager and any other person who acts for a juristic person shall be deemed an offender and shall also be liable to the same punishment as that imposed on such juristic person unless he can prove that he had no part in the commission of the offence by the juristic person.

Section 57 ter. ⁽³⁶⁾ The Secretary-Gengeral of the Industrial Product Standards Institute or the competent official entrusted by him shall have the power to settle the offences under section 49, section 50, section 53, section 55 or section 57.

When the offender has paid the fine so fixed, the case shall be deemed to have been settled under the Criminal Procedure Code.

Section 58. The Minister of Industry shall have charge and Control of the execution of this Act and have the power to appoint competent officials, to issue Ministerial Regulations prescribing fees not exceeding the rates attached hereto and to prescribe other matters for the execution of this Act.
Such Ministerial Regulations shall come into force upon their publication in the Government Gazette.

Countersigned by:
Field Marshal Thanom Kittikachorn
Prime Minister

Index Page
[1]  [2]  [3]  [4]  [5]

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

(24) As amended by section 10 of The Industrial Product Standards Act (No.4), B.E.2531 (1988)

(25) Added by Section 11 of The Industrial Product Standards Act (No.4),B.E.2531 (1988)

(26) As amended by section 12 of The Industrial Product Standards Act (No.4), B.E.2531 (1988)

(27) As amended by section 13 of The Industrial Product Standards Act (No.4), B.E.2531 (1988)

(28) As amended by section 14 of The Industrial Product Standards Act (No.4) ,B.E.2531 (1988)

29) As amended by section 14 of The Industrial Product Standards Act (No.4) ,B.E.2531 (1988)

(30) As amended by section 14 of The Industrial Product Standards Act (No.4) ,B.E.2531 (1988)

(31) Added by Section 15 of The Industrial Product Standards Act (No.4),B.E.2531 (1988)

(32) As amended by Section 16 of The Industrial Product Standards Act (No.4),B.E.2531 (1988)

(33) Added by Section 17 of The Industrial Product Standards Act (No.4),B.E.2531(1988)

(34) Added by Section 18 of The Industrial Product Standards Act (No.4),B.E.2531(1988)

(35) Added by Section 19 of The Industrial Product Standards Act (No.4),B.E.2531(1988)

(36) Added by Section 19 of The Industrial Product Standards Act (No.4),B.E.2531(1988)