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Section 54. If it is necessary for the purpose of collecting statistics of plants, the competent official shall, during the working hours, have the power to enter the office of the recipient in order to check the particulars, statement and data in respect of statistics of plants, and it shall be the duty of the recipient of order or his representative to
answer question, render facilities and assist the competent official in this respect.

In the performance of duties of the competent official, the provisions of Section 44 paragraph one shall apply mutatis mutandis.

CHAPTER 8
Penalties Provisions

Section 55. Any licensee who violates or fails to comply with a Notification issued under Section 13 paragraph one shall be liable to imprisonment for a term not exceeding one year or to a fine not exceeding two thousand Baht or to both.

Section 56. Any person who violates Section 14 paragraph one shall be liable to imprisonment for a term not exceeding two years or to a fine not exceeding four thousand Baht or to both. (Section 57 of the Plants Act B.E.2518 was repealed by Plants Act (No.2) B.E.2535 and supersedes with the following:)

Section 57. Any licensee who collects, sells, imports or exports controlled seed after the expiration of his license without submitting an application for renewal under Section 19 shall be liable to a fine not exceeding one hundred Baht a day as long as the license remains expired.

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Section 58. Any licensee who persists in carrying on his business under his expired license after the competent official has refused to renew it under Section 19 shall be liable to imprisonment for a term not exceeding two years or to a fine not exceeding four thousand Baht of to both.

Section 59. Any licensee who violates Section 21 or Section 27 Paragraph one or fails to comply with Section 23 shall be liable to a fine not exceeding three thousand Baht.

Section 60. Any licensee who fails to comply with Section 22 or Section 24 shall be liable to imprisonment for a term not exceeding one year or to a fine not exceeding two thousand Baht or to both.

Section 61. Any licensee who fails to comply with Section 25 or Section 26 paragraph one shall be liable to a fine not exceeding one thousand Baht. (Section 61 (bi) was added to the Plants Act (No.2) B.E.2535 as follows);
Section 61 (bi.) Any person who violates Section 29 (tri.) or fails to comply with Section 29 (qua.) shall be liable to imprisonment for a term not exceeding three months or to a fine not exceeding three thousand Baht or to both.
Section 62. Any person who violates Section 30 or Section 33 shall be liable to imprisonment for a term not exceeding three years or to a fine not exceeding four thousand Baht or to both.

Section 63. Any person who violates a Notification issued under Section 31 paragraph one shall be liable to imprisonment for a term not exceeding two years or to a fine not exceeding four thousand Baht or to both.
Section 64. Any person who violates Section 36 shall be liable to imprisonment for a term not exceeding one year or to a fine not exceeding two thousand Baht or to both.

Section 65. Any person who violates Section 37 shall be liable to imprisonment for a term not exceeding five years or to a fine not exceeding ten thousand Baht or to both.

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(Section 66 of the Plants Act B.E.2518 was repealed by Plants Act (No.2) B.E.2535 and supersedes with the followings:)

Section 66. Any person who advertises the quality of controlled seeds in violation of Section 38 or obstructs or fails to render facilities to a competent authority in the performance of his duty or fails to give statement or send any document or material at the written request of the competent authority issued under Section 39, shall be liable to
imprisonment for a term not exceeding one month or to a fine not exceeding one thousand Baht or to both.

(Section 66 (bi) was added to the Plants Act (No.2) B.E.2535 as follows); Section 66 (bi.) Any person who obstructs, not provide the competent authority with appropriate facilities to perform his function under Section 39 (bi.) shall be liable to imprisonment for a term not exceeding one month or fine not exceeding one thousand Baht, or to both.

Section 67. Any licensee who, during the suspension of his license, persists in carrying on his business under such license shall be liable to imprisonment for a term not exceeding one year or to a fine not exceeding two thousand Baht or to both. (Section 68 of the Plant Act B.E.2518 was repealed by Plants Act (No.2) B.E.2535 and supersedes with the followings:)

Section 68. Any person who, after the revocation of his license, sells the remaining controlled seed to any other person not mentioned in Section 51 or sells them after the expiration of the period prescribed in Section 51 shall be liable to a fine not exceeding one thousand Baht.

Section 69. Any person who has the duty to comply with Section 53 and fails to do so shall be liable to a fine not exceeding two hundred Baht.

Section 70. Any person who has the duty to comply with Section 54 paragraph one and fails to do so shall be liable to a fine not exceeding five hundred Baht. (Section 71 of the Plants Act B.E.2518 was repealed by Plants Act (No.2) B.E.2535 and supersedes with the followings:)

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Section 71. When it appears to the Court that an offence has been committed as a result of the violation of a Notification issued under Section 13(3) or (4) or the violation of Section 30, Section 33, Section 36 or Section 37 even though the Court is of the opinion that the accused is not guilty, the Court shall order the forfeiture of all
seeds, tools equipment and containers used in the commission of such offence. All items forfeited by the order of the Court shall become property of the Department of Agriculture to be managed as it thinks fit. (Rates of fees annexes to the Plant Act B.E. 2518 was repealed by Plants Act (No.2) B.E.2535 and supersede with the rates of fees annexes hereto.

Rates of Fees
(1) License to collect controlled seed for commercial purpose. 400 Baht each
(2) License to sell controlled seed. 200 Baht each
(3) License to import controlled seed for commercial purpose. 400 Baht each
(4) License to export controlled seed for commercial purpose. 400 Baht each
(5) License to bring in transit controlled seed. 200 Baht each
(6) Fee for testing, examining or analysis quality or property of sample of seed before the issue of a certificate. 400 Baht each
(7) Certificate of certified seed registered variety or certified variety 100 Baht each
(8) Substitute of a license 50 Baht each
(9) Renewal of a license, fee shall be charged at the same rate as that of license
(10) Export, import or bring in transit permit of conserved plant 200 Baht each
(11) Certificate of nursery registration of conserved plant 1,000 Baht each

 

Countersigned by
Anand Panyarachun
The Prime Minister

 

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