Translation:Garuda Emblem Act, BE 2534 (1991)
Garuda Emblem
Act,
BE 2534 (1991)
Bhumibol Adulyadej, R.
Given under our Hand this 4th Day of September, BE 2534 (1991);
Being the 46th Year of our Reign.
Phra Bat Somdet Phra Paraminthra Maha Bhumibol Adulyadej is graciously pleased to proclaim that:
Whereas it is desirable to bring into existence a law on Garuda Emblem;
Be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the National Legislative Assembly, as follows:
§ 1
This Act shall be cited as the "Garuda Emblem Act, BE 2534 (1991)".
§ 2
This Act shall come into force as from the day following the date of its publication in the Government Gazette.[1]
§ 3
The parts of all other laws, regulations, ordinances, announcements and rules which deal with or are contrary to or inconsistent with the provisions of this Act shall be replaced by this Act.
§ 4
In this Act:
"Garuda Emblem" means the emblem depicting the Khrut,[2] Phra Khruttha Phaha[3] or Phra Khrut Pha[4], irrespective of its gesture and irrespective of whether or not it is also accompanied by any texts, pictures or other symbols;
"Warrant" means a written certificate issued by the Prime Minister to a business body, confirming that it is subject to His Majesty the King, after it receives the royal assent under section 10;
"Warrant emblem" means the Garuda Emblem which a business body is entitled to use upon receiving a warrant.
§ 5
The creation or use of the Garuda Emblem for the purpose of the state affairs shall be governed by the rules issued and published in the Government Gazette by the Council of Ministers.
§ 6
The creation or use of the Garuda Emblem for the purpose of the Crown affairs shall be durante bene placito regis.
§ 7
The creation or use of the Garuda Emblem in any other case than that mentioned in section 5 or 6 shall be governed by the criteria set forth in a royal decree.
§ 8
The making of applications for warrant, other qualifications of the applicants, as well as the creation or use of the warrant emblems shall be governed by the criteria set forth in a royal decree.
§ 9
A business body entitled to apply for a warrant must be of the following qualifications:
(1) Being a legal person and carrying out business deserving a warrant;
(2) Possessing good economic status and not incurring insolvency;
(3) Carrying out one's own business with good faith and without breaching to the law or the public order or good morals;
(4) Being otherwise qualified pursuant to the royal decree issued under section 8.
§ 10
If, after due examination, the Bureau of the Royal Household finds that any business body applying for a warrant ought to be granted a warrant, it shall forward the application to the King for his royal assent. Upon such royal assent, the Prime Minister shall issue a warrant to the applicant and publish a notice thereof in the Government Gazette.
§ 11
In cases it appears that any business body to which a warrant has been issued lacks any of the qualifications set forth in section 9, the Prime Minister shall revoke the warrant having been issued to it by virtue of section 10 and the business body in question shall no further be entitled to the warrant and its emblem.
The revocation under paragraph 1 shall be published the Government Gazette.
§ 12
Any person who contravenes or fails to abide by the royal decree under section 7 or 8 shall be liable to imprisonment for not more than six months, or a fine of not exceeding three thousand baht or both.
§ 13
Any person who, without authorisation, creates or uses the Garuda Emblem, a warrant or a warrant emblem, in order to deceive another into believing that he is entitled to do so, shall be liable to imprisonment for not more than one year, or a fine of not exceeding six thousand baht or both.
§ 14
Pending issuance of the rules of the Council of Ministers under section 5 or a royal decree under section 7 or 8, the creation or use of the Garuda Emblem or warrant emblems shall continue to be governed by the relevant laws, regulations, ordinances, announcements and rules, to the extent that they are not contrary to or inconsistent with the provisions of this Act.
§ 15
Any person who has been permitted by the King to use the Garuda Emblem or a warrant emblem before the coming into force of this Act shall continue to so use, to the extent not contrary to or inconsistent with the provisions of this Act.
Any state enterprise which has used the Garuda Emblem before the coming into force of this Act shall give written notice of such use to the Prime Minister within thirty days from the coming into force of this Act, and shall completely cease to use it within two years from the coming into force of this Act.
§ 16
The Prime Minister shall be in charge of this Act.
- Countersigned by:
- Anand Panyarachun,
- Prime Minister.
Statement of Grounds
The grounds for promulgation of this Act are as follows: Since the Garuda Emblem, one of the seals of the state, has widespread been used as a symbol of the government service and the business bodies under His Majesty the King to the extent that it is now recognised by the general public, it is expedient to regulate the use of the Garuda Emblem for more orderliness. It is therefore necessary to enact this Act.
Footnotes[edit]
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This work is in the public domain worldwide because it originated in Thailand and is a work under Template error: please specify the type of this work (see template documentation) of Thailand's Copyright Act, 2537 BE (1994) (WIPO translation), which provides:
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Released into public the domain I agree to release my text and image contributions, unless otherwise stated, into the public domain. Please be aware that other contributors might not do the same, so if you want to use my contributions under public domain terms, please check the multi-licensing guide.
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