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(3) searching, seizing or attaching seeds, conserved plant, containers, labels, books of accounts or any document in respect of seed or conserved plant.

In the performance of duties under paragraph one the licensee and person concerned shall provide him with appropriate facilities. (Section 39 (bi) and Section 39 (tri) shall be added to the Plants Act (No.2)
B.E.2535 as follows);

Section 39 (bi) The competent authority is empowered to search any warehouse, conveyance, bag, package as well as any person within the limit of a plant quarantine station in accordance with Plant Quarantine Act within customs station, boarding station, boundary post, customs limit of any port and approves routes of Customs Act.

Section 39 (tri) The competent authority is empowered to seize, re-export conserved plant illegally imported in violation of this Act. In the case of re-export, reexportation shall be accepted by the exporting country with consensus and the cost of transportation shall be borne by the exporting country. If the exporting country is
not accepted with consensus and not willing to pay for the cost of transportation then the said conserved plant shall become property of the Department of Agriculture.

Section 40. In conducting a search, the competent official must, as far as possible, try to avoid causing damage and disorder.

Section 41. Articles seized in the course of a search shall be wrapped or kept in a receptacle and sealed or marked as evidence thereof. (Section 42 of the Plants Act B.E.2518 was repealed by Plants Act (No.2) B.E.2535 and supersedes will the followings:)

Section 42. Before commencing a search in a place or vehicle under Section 39, 39 (bi), the competent authority making the search must manifest his honesty and shall conduct the search in the presence of the license, permit tee, occupier of the place, person working therein, or occupier of the vehicle thereof, failing that, in the

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presence of at least two other persons requested by the competent authority to attend as witnesses.

Any article seized or attached shall be shown to the licensee, permit tee, occupier of the place, person working therein, occupier of the vehicle or witness, as the case may be, for the purpose of acknowledgement of such article found in such place or vehicle. If such person refuses to acknowledge it, the competent authority conducting the
research shall make note of the fact.

Section 43. The competent official conducting the search shall make a note of the particulars of the search and a detailed inventory of the articles found, seized or attached.

The note and inventory referred to in paragraph one shall be read to the licensee, occupier of the place, person working therein, occupier of the vehicle, or witnesses, as the case may be, and such persons shall be required to sign it in acknowledgement. If they refuse to do so, the competent official shall make note of the fact.

Section 44. In the performance of duties, a competent official shall produce his identity card to the persons referred to in Section 42.

An identity card shall be in accordance with the form prescribed in a Ministerial Regulation. (Section 45 of the Plants Act B.E.2518 was repealed by Plants Act (No.2) B.E.2535 and supersedes with the followings:)

Section 45. If the owner or possessor of seed, conserved plant, container, labels, books of accounts, or any document seized or attached under Section 39 (3) is not found, or the public prosecutor has given the final order of non-prosecution of the Court in its final judgment does not confiscate them and the owner or possessor has not
applied for the return thereof within ninety days from the date of seizure, attachment, knowledge of the final order of non-prosecution of passing the final judgment by the Court,

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as the case may be, they shall become the property of the Department of Agriculture to be managed as it found appropriate.

CHAPTER 6
Suspension and Revocation of Licenses

Section 46. If it appears to a competent official that any licensee fails to comply with this Act or a Ministerial Regulation or Notification issued under this Act, the competent official has the power to suspend his license for a period not exceeding one hundred and twenty days each time.

The licensee whose license and, during the suspension, may not apply for any license under this Act.

Section 47. The competent official, with the approval of the Director- General, has the power to cancel the order suspending a license before the specified period has elapsed when he is satisfied that the licensee whose license has been suspended has duly complied with this Act or the Ministerial Regulation of Notification issued under this Act.

Section 48. When it appears to the Director-General that any licensee is disqualified or subject to any prohibition under Section 16, or in the case where it appears that any licensee has committed one or several violations under this Act and it is a serious offence, the Director-General has the power to revoke his license.

The licensee whose license is revoked must cease to operate his business authorized by such license and may not apply for any license under the Act until two years from the date of revocation has elapsed, and the competent official may or may not grant him a license as he thinks it appropriate.

Section 49. The order suspending or revoking a license shall be in writing and the licensee shall be informed of the fact. In the case where the licensee is not found or refuses to receive such order, it shall be conspicuously posted at the place specified in the

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license, and it shall be considered that the licensee has been informed of such order as from the date of its posting.

Section 50. The licensee whose license has been suspended or revoked has the right to appeal to the Minister within thirty days from the date of knowledge of the order. The Minister has the power to dismiss the appeal or amend the order of the Director-General or of the competent official, as the case may be, in such a way as it may be favorable to the appellant.

The decision of the Minister shall be final. The appeal under paragraph one shall not stay the execution of the order
suspending or revoking the license. (Section 51 of the Plants Act B.E.2518 shall be repealed and supersedes
with the followings:)

Section 51. The person whose license has been revoked may sell his remaining controlled seed to other licensees or such other persons as the competent authority thinks fit within sixty days from the date of knowledge of the order
revoking his license or, in the case there has been an appeal, from the date of knowledge of the decision of the Minister unless the competent authority grants an extension of the period: provided that it shall not be more than sixty days.

CHAPTER 7
Statistics of Plants

Section 52. The Minister shall have the power to issue a Notification in the Government Gazette requiring the collection of statistics in respect of any kind of plants in any locality as he may think fit.

Upon the publication of the Notification under paragraph one, the Director- General has the power to issue a written order to a person earning his living in respect of the aforesaid plants to fill the particulars, statement and statistical data in a printed form

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prescribed by the Director-General and the Director-General shall also prescribe the time, place and procedure for the submission of the printed form.

Section 53. A recipient of order issued under Section 52 paragraph two must truthfully complete the printed form giving particulars, statement and data, and sign his name and submit it within the time, at the place and in accordance with the procedure prescribed in the printed form.

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