Translation:Khrut Pha Emblem Act (No 2), 2535 BE

by National Legislative Assembly of Thailand (1991)

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Seal of the Royal Command

Khrut Pha Emblem
Act (No 2),
2535 BE

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Bhumibol Adulyadej R
Given on the 3rd day of February 2535 BE
Being the 47th year of the present reign

His Majesty King Maha Bhumibol Adulyadej is pleased to give a Great Royal Command that it be announced as follows:

Whereas it is appropriate to amend the law on the khrut pha emblem;

Therefore, by and with the advice and consent of the National Legislative Assembly acting as the National Assembly, He is graciously pleased to enact the following Act:

Section1.This Act is called the Khrut Pha Emblem Act (No 2), 2535 BE.

Section2.This Act shall enter into operation from the day following the date of its publication in the Royal Gazette onwards.

Section3.The dispositions of section 4 of the Khrut Pha Emblem Act, 2534 BE, shall be repealed and replaced by the following dispositions:

“Section4.In this Act—

‘khrut pha emblem’ refers to the emblem which portrays a garuḍa, Garuḍa the Conveyor, or Garuḍa the Carrier, regardless of whatever pose it is in and whether or not it is also accompanied by any other text, picture, or symbol;

‘enterprise’ refers to an organisation which is established for carrying out business using a business name of ‘firm’, ‘store’, ‘company’, or any other similar name, regardless of whether or not it has juristic personality;

‘warrant of appointment’ refers to a certificate of the granting of a royal charter, issued to a person or enterprise to certify that the named person or enterprise has been granted a royal charter enabling the use of the khrut pha emblem in the specified business;

‘warrant of appointment emblem” refers to the khrut pha emblem which is accompanied by an underlying text stating ‘by royal charter’ or a text in a foreign script as designated by the Bureau of the Royal Household, and which a person or enterprise is entitled to use upon receipt of a warrant of appointment.”

Section4.The dispositions of sections 9, 10, and 11 of the Khrut Pha Emblem Act, 2534 BE, shall be repealed and replaced by the following dispositions:

“Section9.A person or enterprise applying for a warrant of appointment must have the following qualifications:

(1)being in a good financial condition and not being under insolvency;

(2)carrying out business in an honest manner and not contrary to the law, peace and order, or good morals of the public;

(3)any other qualifications designated in a royal decree issued in accordance with section 8.

Section10.An application for a warrant of appointment shall be filed with the Bureau of the Royal Household. After the Bureau of the Royal Household holds scrutiny and finds that any person or enterprises applying for a warrant of appointment has the qualifications under section 9 and should be granted a warrant of appointment, it shall refer to the matter to His Majesty for the granting of a royal charter. Upon receipt of the royal charter, the Prime Minister, in his capacity as the commander of the Bureau of the Royal Household, shall issue a warrant of appointment for the applicant and publish this in the Royal Gazette.

Section11.A warrant of appointment is a royally granted item personal to the grantee. The right to retain the warrant of appointment and use the warrant of appointment emblem ends when it appears as follows:

(1)the Bureau of the Royal Household orders a recall because the person or enterprise granted the warrant of appointment—

(a)dies;

(b)discontinues the type of business for which the royal charter enabling the use of the warrant of warrant was granted;

(c)gives the operation of the said business up to another person; or—

(2)the Bureau of the Royal Household finds it appropriate to order a recall in accordance with section 11bis, paragraph 2.”

Section5.The following dispositions shall be inserted in the Khrut Pha Emblem Act, 2534 BE, as section 11bis:

“Section11bis.When any cause under section 11(1) appears, the Bureau of the Royal Household shall demand the person or enterprise granted the warrant, his heir, or the person to whom he gives the business up, as the case may be, to return the warrant of appointment issued by the Prime Minister as per section 10 within a time limit designated.

If, after carrying out the proceedings under paragraph 1, the Bureau of the Royal Household has not received the warrant of appointment within the time limit designated or, after holding scrutiny, it finds that the person or enterprise granted the warrant of appointment lacks any of the qualifications under section 9, or any of the qualifications for which the warrant of appointment was granted has changed materially, or there arises a different cause for which the warrant of appointment should be revoked, it shall refer the matter to His Majesty, asking for His royal permission. Upon receipt of the royal permission, the Prime Minister shall order revocation of the warrant of appointment issued in accordance with section 10.

Upon receipt by the Bureau of the Royal Household of the warrant of appointment returned in accordance with paragraph 1 or upon revocation by the Prime Minister of the warrant of appointment in accordance with paragraph 2, publication thereof shall be made in the Royal Gazette.

Section6.The dispositions of sections 12 and 13 of the Khrut Pha Emblem Act, 2534 BE, shall be repealed and replaced by the following dispositions:

“Section12.Whoever contravenes or fails to comply with a royal decree issued in accordance with section 7 or a royal decree governing reproduction or use of the warrant of appointment emblem issued in accordance with section 8 shall be punished with imprisonment of not over six months, or a fine of not over three thousand baht, or both the imprisonment and the fine.

Section13.Whoever, having no right to reproduce or use the khrut pha emblem, a warrant of appointment, or the warrant of appointment emblem, or having lost such right in line with section 11, does so so as to cause another person to believe that he has or still has the right, or refuses to return a warrant of appointment upon a recall in accordance with section 11bis, paragraph 1, shall be punished with imprisonment of not over one year, or a fine of not over six thousand baht, or both the imprisonment and the fine.”

Countersignature
Anand Panyarachun
Prime Minister

Note: The grounds for promulgation of this Act are as follows: Because it is appropriate to allow business operators who have not been established as juristic persons to apply for warrants of appointments and use of the warrant of appointment emblem in their business, and it is appropriate to make the royally granted warrants of appointments personal to the grantees, so that it be in line with the regulations and practices in existence since olden times, it is necessary to enact this Act.