- INNDUSTRIAL PRODUCT STANDARDS ACT B.E. 2511
- Section 1.
- Section 2.
- Section 3.
- Section 4.
- Section 4 bis.
- Section 5.
- Section 6.
- Section 7.
- Section 8.
- Section 9.
- Section 10.
- Section 11.
- Section 12.
- Section 13.
- Section 14.
- Section 15.
- Section 16.
- Section 17.
- Section 18.
- Section 19.
- Section 20.
- Section 20 bis.
- Section 21.
- Section 22.
- Section 23.
- Section 24.
- Section 25.
- Section 25 bis.
- Section 26.
- Section 27.
- Section 28.
- Section 29.
- Section 30.
- Section 31.
- Section 32.
- Section 33.
- Section 34.
- Section 35.
- Section 36.
- Section 37.
- Section 38.
- Section 39.
- Section 39 bis.
- Section 40.
- Section 41.
- Section 42.
- Section 43.
- Section 44.
- Section 45.
- Section 46.
- Section 46 bis.
- Section 47.
- Section 48.
- Section 48 bis.
- Section 49
- Section 50.
- Section 51.
- Section 52.
- Section 53.
- Section 54.
- Section 57.
- Section 57 bis.
- Section 57 ter.
- Section 58.
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INNDUSTRIAL PRODUCT STANDARDS ACT B.E. 2511 |
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BHUMIBOL ADULYADEJ, REX. Given on the 27 th Day of December B.E. 2511; Being the 23 rd Year of the Present Reign. His majesty King Bhumibol Adulyadej has been graciously pleased to proclaim that: Whereas it is expedient to have a law on industrial product standards; Be it, therefore, enacted by the King, by and with the advice and consent of the National Assembly, as follows: Section 1. This Act is called the "Industrial Product Standards Act, B.E. 2511" Section 2. This Act shall come into force as from the day following the date of its publication in the Government Gazette. (2) Section 3. In this Act "standard" means specifications on one or many of descriptions concerning the following:
(1) kind, type, shape, dimension, manufacture,equipment, quality, grade, component, faculty, durability and safety of the industrial products;
(2) methods of manufacture, design, drawing, usage, material used for the industrial products and safety concerning the manufacture of the industrial products;
(3) kind, type, shape, dimension of packages or other kinds of containers including the making of packages or other kinds of containers, and methods of packing, wrapping or binding and materials used therefor;
(4) methods of experiment, analysis, comparison, examination, testing and weighing and measuring in volume and size concerning the industrial products;
(5) proper name, abbreviation, symbol, sign, colour, number and unit of technical process concerning industrial products;
(6) other specifications concerning industrial products according to the Notifications of the Minister or the Royal Decrees; "Institute" means the Industrial Product Standards Institute; "Council" means Industrial Product Standards Council; "Competent official"means a person appointed by the Minister for the execution of this Act; "Minister" means the Minister having charge and control of the execution of this Act.
Section 4. (3) There shall be established the Industrial Product Standards Institute in the Ministry of Industry with the following power and duties:
(1) to examine applications for the use of a standard mark under section 16, applications for licence to manufacture or import industrial products under section 20, section 20 bis, section 21 and section 21 bis for further submission to the council;
(2) to inspect and control the manufacture of industrial products, industrial products which are required by the Royal Decree to conform with the standard and industrial products which are permitted to be manufactred under section 20 bis;
(3) to inspect and control the industrial products which are required by a Royal Decree to conform with the standard and imported for sale including industrial products which are permitted to be imported under section 21 bis;
(4) to supervise the use of the standard mark;
(5) to carry out other matters as entrusted by the Council.
Section 4 bis. (4) The Secretary-General of the Industrial Product Standards Institute shall have the duty to supervise and control the administration of the Industrial Product Standards Institute Section 5. (5) The Minister, with the Approval of the Council, shall have the power to publish in the Government Gazette designating Government agencies, Government organizations, state enterprises or other agencies, either within or outside the country, to be inspectors for the inspection of industrial products for further submission to the Council whether or not they conform with the standards. Section 6. (6) The Minister has the power to publish in the Government Gazette determining the rates of expenses for the inspection of industrial products or materials under section 16, section 20, section 20 bis, section 21, section 21 bis and section 44 (1) only in respect of the industrial products using the standard marks under section 16 or receiving licences or being permitted under section 20, section 20 bis, section 21 or section 21 bis, as the case may be. The expenses for the inspection of industrial products or materials under paragraph one shall be collected form the applicant for a licence, the licensee, the person who obtains a permit, the manufacturer, the importer, the seller or the person having the products for sale, as the case may be. Section 7. (7) There shall be an Industrial Product Standards Council consisting of the Permanent Secretary for Industry as chairman, Director-General of the Department of Industrial Works, Director-General of the Department of Industrial Promotion, representative of the Ministry of Agriculture and Cooperatives, representative of the Ministry of Interior, representative of the Ministry of Commerce, representative of the Ministry of Science, Technology and Energy, representative of the Ministry of Public Health, representative of the Customs Department, representative of Thailand Institute of Scientific and Technological Research, representative of the Office of the Board of Investment, representative of the Office of the National Economic and Social Development Board and not more than six qualified persons appointed. by the Council of Ministers as members. The Secretary-General of the Industrial Product Standards Institute shall be member and secretary. Section 8. (8) The Council has the power and duties as follows :
(1) to recommend the Minister on the determination,amendment and revocation of standards;
(2) to permit the use of a standard mark;
(3) to permit the manufacture of industrial products which are required by the Royal Decree to conform with the standard;
(4) to permit the import for sale in the Kingdom of industrial products which are required by the Royal Decree to conform with the standards;
(4 bis) to recommend the Minister on the determination of rules and conditions on the manufacture or import of industrial products which are required by the Royal Decree to conform with the standard, or to conform with foreign or international standards under section 20 bis and section 21 bis;
(5) to select and submit qualified persons to the Minister for appointment to the Technical Committees;
(6) to carry out other matters under this Act.
Section 9. Members appointed by the Council of Ministers shall hold office for a term of three years. A member who vacates office may be reappointed. Section 10. Apart from vocating office at the end of term under section 9 paragraph one, a member appointed by the Council of Ministers vacates office upon :
(1) death;
(2) resignation;
(3) being bankrupt;
(4) being an incompetent or quasi-incompetent person;
(5) being imprisoned by a final judgment except for a petty offence or offence committed through negligence;
(6) being removed by the resolution of the Council of Ministers.
When a member appointed by the Council of Ministers vacates office before the end of term, the Council of Ministers may appoint any other person to replace him. The member appointed under paragraph two shall hold office for the unexpired term of the member he replaces. Section 11. At a meeting of the Council, the presence of not less than one-third of the total number of members shall constitute a quorum. If the chairman is not present at a meeting, the members present shall elect one among themselves to preside over the meeting. The decision of the meeting shall be made by a majority of votes. Each member has one vote. In case of an equality of votes, the person who presides over the meeting shall cast an additional vote as a castion-vote. Section 12. The Council has the power to appoint subcommittees to assist in the execution of functions or deliberation on any matters entrusted by the Council. The provisions of section 11 shall apply to the meeting of the sub-committees mutatis mutandis. Section 13. (9) The Minister has the power to appoint qualified persons whom the Council submits under section 8 (5) members of one or several Technical Committees. The Technical Committee has the duty to prepare a draft standard and carry out other technical matters concerning the standard and submit to the Council. In the performance of its duties, the Technical Committee has the power to appoint subcommittees to assist in carrying out the activities or considering matters entrusted by the Technical Committee. The provisions of section 11 shall apply to the meetings of the Technical Committees and the technical sub-committees mutatis mutandis. Section 14. A member of the Technical Committee vacates office upon:
(1) death;
(2) resignation;
(3) being bankrupt;
(4) being an incompetent or quasi-incompetent person;
(5) being imprisoned by a final judgment except for a petty offence or offence committed through negligence;
(6) being advised in writing by the Minister.
Section 15. For the benefit of industrial promotion, the Minister may determine, amend and revoke standards for industrial products according the recommendation of the Council. The determination, amendment and revocation of standards under paragraph one shall be published in the Government Gazette. Section 16. (10) Subject to section 25, any person who manufactures industrial products, a standard of which has already been determined, may display the standard mark on his industrial products only after inspection by a competent official and having received a licence from the Council. The application for a licence, the inspection and the issue of a licence shall be in accordance with the rules and procedures prescribed in the Ministerial Regulation. Section 17. For the purpose of ensuring safety or preventing harmful effect which may befall the public, the industry or economy of the country, any particular kind of industrial products which shall conform with a standard may be determined. The determination under paragraph one shall be made by a Royal Decree and the date of its coming into force shall not be less than sixty days form the date of its publication in the Government Gazette. Section 18. Before the issuance of a Royal decree under section 17, The following steps shall be taken:
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