CHAPTER 5
Penalties

Section 56. Whoever fails to comply with the order of the Committee or sub-committee under section 13 shall be liable to imprisonment for a term not exceeding one month or to a fine not exceeding two thousand Baht or to both.

Section 57. Whoever violates section 16 paragraph one or section 24 paragraph one shall be liable to imprisonment for a term not exceeding three years or to a fine not exceeding sixty thousand Baht or to both, and the court may issue a judgment confiscating all the things used in the sanatorium business.

Section 58. Whoever fails to comply with the order of the grantor under section 39 or section 45 or of the competent official under section 49 shall be liable to imprisonment for a term not exceeding six months or to a fine not exceeding ten thousand Baht or to both.

Section 59. Any licensee who fails to comply with section 21, section 31, section 32, section 40 or section 43 shall be liable to a fine not exceeding ten thousand Baht.

Section 60. Any licensee who operate a sanatorium business without a manager under section 23 shall be liable to imprisonment for a term not exceeding two years or to a fine not exceeding forty thousand Baht or to both.

Section 61. Whoever has the duty to inform the grantor does not inform him within the period under section 26, section 30, section 42 or section 44 paragraph one shall be liable to a fine not exceeding ten thousand Baht.

Section 62. Any licensee who violates section 33 paragraph two shall be liable to a fine not exceeding twenty thousand Baht.

Section 63. Any manager who fails to perform his duties in order to comply with section 34(1) 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 manager who fails to perform his duties in order to comply with section 34(3) or (4) shall be liable to a fine not exceeding ten thousand Baht.

Section 65. Any licensee or manager who violates or fails to comply with section 34(2) or section 35 shall be liable to imprisonment for a term not exceeding one year or to a fine not exceeding twenty thousand Baht or to both.

Section 66. Any licensee or manager who violates section 36 shall be liable to imprisonment for a term not exceeding two years or to a fine not exceeding forty thousand Baht or to both.

Section 67. Any licensee or manager who violates section 37 shall be liable to a fine not exceeding twenty thousand Baht.

Section 68. Any licensee or manager who violates section 58 shall be liable to a fine not exceeding twenty thousand Baht, and a fine not exceeding ten thousand Baht per day during the violating period until the cessation of such advertisement.

Section 69. Any licensee who fails to comply with the order of the grantor under section 44 paragraph two shall be liable to imprisonment for a term not exceeding one year or to a fine not exceeding twenty thousand Baht or to both.

Section 70. Any licensee, manager, practioner in a sanatorium, official of a sanatorium or person who stays in sanatorium who does not facilitate the competent official in his performance of his duties under section 46 shall be liable to a fine not exceeding two thousand Baht.

Section 71. Whoever operates a sanatorium business under the temporary closure order under section 50 shall be liable to imprisonment for a term not exceeding two years or to a fine not exceeding forty thousand Baht, and to a fine not exceeding one thousand Baht per day during the violation period.

Section 72. Whoever prevents or does not facilitate the Committee in the implementation under section 52 shall be liable to imprisonment for a term not exceeding one month or to a fine not exceeding two thousand Baht or to both.

Section 73. Any licensee, manager, practioner in a sanatorium or official of a sanatorium who prepares or agreed with the preparation of false evidences of medical treatment fee, service charge on diagnosis, the result of medical treatment of a sanatorium or other documents concerning medical treatment shall be liable to imprisonment for a term not exceeding two month or to a fine not exceeding forty thousand Baht or to both.

Section 74. In the case the offender who must be liable to the punishment under this Act is a juristic person, the General Manager or its representative shall be liable to the punishment specified for such offence unless he can prove that the juristic person has committed without his acknowledgement or consent.

Section 75. The Minister shall have the power to appoint as appropriate the Bangkok Metropolitan and provincial Case Settlement Committee with consist of three qualified member with at least one of them is a qualified person in laws.

All the offenses under this Act which are punishable only with fine or with imprisonment for a term of not exceeding one year shall be settled with a fine by the Case Settlement Committee, if the Case Settlement Committee is of the opinion that the offender should not be sued or imprisoned. * In this case, the Case Settlement Committee may entrust the inquiry official to settle the case by fixing a fine for the case with the punishment of only a fine as appropriately.

When the offender has paid a fine as settled within thirty days from the date of settlement, the case shall be deemed to be settled under the Penal Procedure Code.

In the case where the inquiry official find that any person who commits an offence with the punishment under paragraph two, and that person agrees to be fined as settled, the inquiry official shall submit the matter to the comparative committee within seven days from the date such person agrees to be fined as settled.

Transitory Provisions

Section 76. The license to establish a sanatorium and the license to operate a sanatorium which is issue under the Sanatorium Act, B.E. 2504 shall be deemed to be the license to operate a sanatorium business or the license to manage a sanatorium issued under this Act and shall be valid until the last day of the calendar year which this Act come into force.

Section 77. All the Ministerial Regulations or Notifications issued under the Sanatorium Act, B.E. 2504 and being effective on the date this Act comes into force, shall continue effective as long as they are not inconsistent with this Act; provided that until there is a Ministerial Regulation or Notification Issued under this Act.

Counter signed by

   Chuan Leekpai
   Prime Minister

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