Translation:Garuda Emblem Act, BE 2534 (1992)

by the Government of Thailand

Seal of the Royal Command of Thailand

Garuda Emblem

Act,

BE 2534 (1991)

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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^[2]

In this Act:

"Garuda Emblem" means the emblem depicting the Khrut,^[3] Phra Khruttha Phaha^[4] or Phra Khrut Pha^[5], irrespective of its gesture and irrespective of whether or not it is also accompanied by any texts, pictures or other symbols;

"Business body" means a body established for the purpose of undertaking any business under the name of 'partnership', 'shop', 'company' or other similar name, whether or not being a legal person;

"Warrant" means a written certificate of royal assent issued to a person or business body, confirming that the named person or business body is permitted by the King to use the Garuda Emblem in the specified business;

"Warrant emblem" means the Garuda Emblem below which appears the phrase 'Doi Dai Rap Phra Boromma Rachanuyat'^[6] or the phrase in a foreign language as may be determined by the Bureau of the Royal Household, and which a person or 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^[7]

A person or business body entitled to apply for a warrant must be of the following qualifications:

(1) Possessing good economic status and not incurring insolvency;

(2) Carrying out one's own business with good faith and without breaching to the law or the public order or good morals;

(3) Being otherwise qualified pursuant to the royal decree issued under section 8.

§ 10^[8]

An application for a warrant shall directly be filed with the Bureau of the Royal Household. If, after due examination, the Bureau finds that the applying person or business body is qualified under section 9 and 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, in his capacity as the Commander of the Bureau of the Royal Household, shall issue a warrant to the applicant and publish a notice thereof in the Government Gazette.

§ 11^[9]

A warrant is personal to the person to whom it is issued. The right to a warrant and to use its emblem shall be extinguished when:

(1) The Bureau of the Royal Household recalls the warrant for the reason that the person or business body to whom or which it has been issued:

(1) (a) Dies;

(1) (b) Ceases to undertake the business grounding the right to the warrant in question;

(1) (c) Transfers the said business to another person; or

(2) The Bureau of the Royal Household revokes the warrant by virtue of section 11 bis, paragraph 2.

§ 11 bis^[10]

Upon occurrence of the event under section 11 (1), the Bureau of the Royal Household shall, by recall, direct the person or business body to whom or which the warrant in question has been issued by the Prime Minister by virtue of section 10, an heir or the transferee, as the case may be, to return the warrant within a specified period of time.

If, following the action under paragraph 1, the Bureau of the Royal Household does not receive the warrant within the specified period, or if, after due examination, the Bureau finds that any person or business body to whom a warrant has been issued lacks any of the qualifications under section 9 or has the qualification grounding the right to the warrant changed in such a considerable manner, or if there arise other reasonable grounds for revocation, the Bureau of the Royal Household shall refer the matter to the King for his royal assent. Upon such royal assent, the Prime Minister shall revoke the warrant in question which he has issued by authority of section 10.

Upon the Bureau of the Royal Household's receipt of a warrant returned pursuant to paragraph 1 or upon the Prime Minister's revocation of a warrant according to paragraph 2, a notice thereof shall be published in the Government Gazette.

§ 12^[11]

Any person who contravenes or fails to abide by the royal decree under section 7 or the royal decree on creation or use of warrants under section 8 shall be liable to imprisonment for not more than six months, or a fine of not exceeding three thousand baht or both.

§ 13^[12]

Any person who, without authorisation or following the extinguishment under section 11, creates or uses the Garuda Emblem, a warrant or a warrant emblem, in order to deceive another into believing that he is entitled or still entitled to do so, or any person who fails to return the warrant recalled under section 11 bis, paragraph 1, 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

1. Published in the Government Gazette: volume 108/part 199/special issue/page 1/15 November 1991.
2. § 4 was amended by the Garuda Emblem (No. 2), BE 2535 (1992).
3. "Khrut" (ครุฑ) means Garuda.
4. "Phra Khruttha Phaha" (พระครุฑพาห) means Garuda, the Carrier.
5. "Phra Khrut Pha" (พระครุฑพ่าห์) means Garuda, the Carrier.
6. "Doi Dai Rap Phra Boromma Rachanuyat" (โดยได้รับพระบรมราชานุญาต) means 'By Virtue of the Royal Assent' or 'By Appointment to His Majesty'.
7. § 9 was amended by the Garuda Emblem (No. 2), BE 2535 (1992).
8. § 10 was amended by the Garuda Emblem (No. 2), BE 2535 (1992).
9. § 11 was amended by the Garuda Emblem (No. 2), BE 2535 (1992).
10. § 11 bis was inserted by the Garuda Emblem (No. 2), BE 2535 (1992).
11. § 12 was amended by the Garuda Emblem (No. 2), BE 2535 (1992).
12. § 13 was amended by the Garuda Emblem (No. 2), BE 2535 (1992).

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