The
Ministry may also prescribe that a factory's products
be used in certain industries or be wholly or partly
exported.
If
a factory in category 2 or 3 stops operation for more
than one year, the operator must notify the Ministry
in writing within 7 days of the date the one-year period
has lapsed, and also must inform the Ministry before
restarting operations. If the operator's factory is
in category 3,he must receive written permission from
the Ministry before restarting operations.
If
there is an accident that cause death, injury, or sickness
that incapacitates a worker beyond a 72-hour period,
the operator must inform the Ministry within 3 days
from the date of the death or the lapse of the 72-hour
period. If there is an accident that causes the factory
to stop operations for more than 7 days, the operator
must notify the Ministry within 10 days from the date
of the accident.
Factory
operators must obtain permission to remove machinery
from its original place of installation to another site
for temporary operations, or to move a factory to another
site. Permission must also be obtained to transfer,
rent, offer for hire purchase, or sell a licensed factory.
In these cases, the prior license is considered to have
expired and a new license must be applied for within
7 days, although no fee is required. If the licensee
dies, the heir or administrator of the estate must submit
an application for the transfer of the license within
90 days of the date of death.
Factory
Expansion
An application must be filed and granted prior to factory
expansion. A fee of 100,000 Baht is charged. As defined
in the Act, the following undertakings constitute factory
expansion:
::
An increase in the number of machines, or change or
modification of machinery to increase its power by 50
percent or more.
::
The addition to, or alteration of any part of the factory
building which causes any part of the foundation of
the factory to bear a load of an additional 500 kilograms
or more.
When a licensee:
::
Increases the quantity of machinery;
::
Changes or modifies machinery used for production or
generation of power, but by less than 50 percent;
::
Constructs or increases factory space by more than 100
sq.m
Applications
must be filed within 7 days of the date of the change.
Other
Provisions
Any factory, that seriously endangers the public, may
be ordered to cease operations or to make specified
improvements. The Minister has the authority to order
removal of all parts of the plant to a location where
the public will not be threatened. Officers of the Ministry
of Industry have broad powers of inspection, and are
authorized to issue written orders requiring a factory
to cease operations, modify or repair machinery, or
to undertake other remedial measures.
Issuance
of either a factory establishment license or a factory
operator's license does not exempt the licensee from
compliance with other central or local government requirements
for carrying out a proposed industrial activity. Licenses
may be suspended for violations of the Act or for failure
to carry out orders issued under the Act by competent
officials.
Factories
established to produce and sell food and drugs must
also apply for production licenses from the Ministry
of Health.
Violation
of certain provisions of the Act may incur penalties
in the nature of a fine or imprisonment not exceeding
4 years. A Case Settlement Committee of three experts
is appointed by the Ministry to carry out penalties
for violations of the Act. If the offender is a partnership,
company or other juristic entity, the directors, managers,
or other persons responsible for committing the offense
are subject to the same punishment unless it can be
proven that the offense was committed without their
knowledge or consent.
