Translation:Garuda Emblem Act (No. 2), BE 2535 (1992)

by the Government of Thailand

Seal of the Royal Command of Thailand

Garuda Emblem

Act (No. 2),

BE 2535 (1992)

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Bhumibol Adulyadej, R.

Given under our Hand this 3rd Day of February, BE 2535 (1992);

Being the 47th Year of our Reign.

Phra Bat Somdet Phra Paraminthra Maha Bhumibol Adulyadej is graciously pleased to proclaim that:

Whereas it is desirable to amend the law on the Garuda Emblem;

Be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the National Legislative Assembly, in its capacity as the National Assembly, as follows:

§ 1

This Act shall be cited as the "Garuda Emblem Act (No. 2), BE 2535 (1992)".

§ 2

This Act shall come into force as from the day following the date of its publication in the Government Gazette.^[1]

§ 3

The provisions of section 4 of the Garuda Emblem Act, BE 2534 (1991), shall be repealed and replaced by the following:

"§ 4

"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;

"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'^[5] 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."

§ 4

The provisions of sections 9, 10 and 11 of the Garuda Emblem Act, BE 2534 (1991), shall be repealed and replaced by the following:

"§ 9

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

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

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."

§ 5

The following shall be inserted in the Garuda Emblem Act, BE 2534 (1991), as its section 11 bis:

"§ 11 bis

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."

§ 6

The provisions of sections 12 and 13 of the Garuda Emblem Act, BE 2534 (1991), shall be repealed and replaced by the following:

"§ 12

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

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."

Countersigned by:

Anand Panyarachun,

Prime Minister.

Statement of Grounds

The grounds for promulgation of this Act are as follows: The entrepreneurs without legal personality should also be entitled to apply for the warrants and to use the warrant emblems in their own business, whilst the warrants should be personal to the persons to whom they are issued, pursuant to the original customs. It is therefore necessary to enact this Act.

Footnotes

1. Published in the Government Gazette: volume 109/part 10/page 5/14 February 1992.
2. "Khrut" (ครุฑ) means Garuda.
3. "Phra Khruttha Phaha" (พระครุฑพาห) means Garuda, the Carrier.
4. "Phra Khrut Pha" (พระครุฑพ่าห์) means Garuda, the Carrier.
5. "Doi Dai Rap Phra Boromma Rachanuyat" (โดยได้รับพระบรมราชานุญาต) means 'By Virtue of the Royal Assent' or 'By Appointment to His Majesty'.

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