Punishment fo Violators
Section 53 The owner of designated factory / building does inform any faults in detail or in a reason to get remittance to comply with the ECP Act (Section 8 clause 3) shall be imprisoned not exceeding 3 months or shall be fined at not over 150,000 baht, or both.
Section 54 The owner of designated factory / building does not pursue an order of the DEDE DG for informing the facts of energy consumption for an audit on conserving an energy as standard requirement imposed by Section 9 for designated factory (Section 19) and for designated building (Section 10 and 21) shall be fined at not over 50,000 baht.
Section 55 The owner of designated factory / building does not inform on appointing the PRE for regular working at designated factory / building (Section 11(1) and Section 22) shall be fined at not over 200,000 baht.
Section 56 The owner of designated factory / building does not submit the energy consumption data in Forms of Bor Por Ror 1 and Bor Por Or 1 to DEDE; and does not record the energy consumption in Forms of Bor Por Ror 2 and Bor Por Or 2; does not determine the EC plan and target and submit to DEDE; and does not audit the implementation of EC plan and target (Section 11(2) (3) (4) (5) or Section 22) shall be fined at not over 100,000 baht.
Section 57 The owner of designated factory / building endorses any faults in the EC achievement of the PRE (Section 13 (1) (2) and Section 22) or the PRE endorses any faults in the facts of energy consumption in Forms: Bor Por Ror 1. Bor Por Or 1, Bor Por Ror 2, Bor Por Or 2; or endorses any faults in an audit on implementing the EC plan and target (Section 14 (3) (4) (6) and Section 22) shall be imprisoned for not exceeding 1 month or shall be fined at not over 50,000 baht , or both.
Section 58 Anyone does not pay a levy to the ECP Fund or does pay but not at full amount of levy required by Section 35, 36 or 37, shall be imprisoned for 3 months up to 2 years or shall be fined at 100,000 baht up to 10 million bath, or both.
Section 59 Anyone who obstructs or does not facilitate the DEDE officials who audit the implementation on EC plan and target of designated factory / building (Section 47 (2)) shall be fined at not over 5,000 baht.
Section 60 In case the wrong doer under this Act is a juristic person, a committee or a manager of juristic person or any person who is responsible for that juristic person, shall also be legally punished as required by the Act for that wrong doing, except for capably proving that the person did not commit in that wrong doing as accused.
Section 61 For all wrong doings under the Act, let the Committee appointed by Minister to settle the case consisting of 3 law experts to have a power to settle the case. When the wrong doer does pay the fine within a due imposed by the Committee, the case shall be deemed settled under the Criminal Procedure Code.
During inspection, if the inspector found any person did wrong under the Act and that person consents to be settled, the inspector shall submit the case to the Committee on Settle the Case to proceed within 7 days counting from the day that person gave the consent to be settled.
Contact for further details at:
OSS, BERC /DEDE Building 8 Floor 2
Tel no: +662 223 1150 , + 662 223 0021 - 9 ext 650,668,411,669
Fax no: +662 223 1151 (during official hours of working days)