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Contribution:

This translation has been provided with the kind assistance of Chaninat & Leeds. Chaninat & Leeds practices both family and business law, including K1 visa Thailand.





 

Section 103. In case when there is no transferee of the License in accordance with Section 102, the Minister through the advice of the Board of Committee shall have the power to order the Private University to be under the control of the Office of Higher Education Commission and shall apply mutatis mutandis Section 92, Section 93, and Section 94.

The dissolution of business in accordance with Section 101, the transfer of License in Section 101 and the transfer of Licensee in Section 102 shall be announced in the Government Gazette.

Chapter 9
Provisions for Punishment

Section 104. Whoever fails to comply with Section 10 Paragraph One shall be punished with imprisonment not exceeding one year or fined not exceeding Five Hundred Thousand Baht or both.

Section 105. Any Private University that fails to comply with Section 14 Paragraph One shall be punished with imprisonment not exceeding six months or fined not exceeding Three Hundred Thousand Baht or both.

Section 106. Any Private University that violates Section 11 and Section 18 Paragraph One shall be punished with a fine not exceeding One Hundred Thousand Baht.

Section 107. Any Private University that violates or fails to comply with the Ministerial Regulations issued in accordance with Section 20 shall be punished with imprisonment not exceeding six months or fined not exceeding Three Hundred Thousand Baht or both.

Section 108. Any Private University that fails to comply with Section 21, Section 23, or Section 62 Paragraph Three shall be punished with a fine not exceeding One Hundred Thousand Baht.

Section 109. Whoever violates Section 22 shall be punished with a fine not exceeding One Hundred Thousand Baht with an additional fine of Five Thousand Baht per day during the period of violation.

Section 110. Whoever does not comply with the order of Board of Committee, other committees or sub-committees in accordance with Section 27 shall be punished with a fine not exceeding Ten Thousand Baht.

Section 111. Whoever accepts the position of Rector, Vice Rector or full-time faculty or assistant faculty being aware of the lack of qualifications or possessing the characteristics prohibited by Section 39 Paragraph Two or Section 41 or Section 46 or Section 53 Paragraph Two as the case may be shall be fined not exceeding Fifty Thousand Baht.

Section 112. Any Rector who does not comply with Section 43 (6) or (9), Section 51, Section 67, Section 76, Section 77, or Section 78 shall be punished with a fine not exceeding One Hundred Thousand Baht.

Section 113. Whoever violates Section 52 shall be punished with a fine not exceeding Fifty Thousand Baht.

Section 114. Whoever does not properly facilitate authorized offices in accordance with Section 71 Paragraph Two shall be punished with a fine not exceeding Ten Thousand Baht.

Section 115. Any Private University that fails to comply with Section 74 or Section 75 shall be punished with a fine not exceeding One Million baht.

In case a Private University violates Section 74 or Section 75, the member of the University Council or the Rector or the person responsible for the administration of that Private University shall be punished for such offense unless it can be proved that there was no involvement with the offense undertaken by the Private University.

Section 116. The Licensee, the University Council Member, the Rector, faculty or staff of any Private University who violates Section 79 shall be punished with imprisonment not exceeding six months or fined not exceeding Three Hundred Thousand Baht or both.

Section 117. The Rector, faculty or staff of any Private University who violates Section 87 shall be punished with imprisonment not exceeding six months or fined not exceeding Three Hundred Thousand Baht or both.

Section 118. Any Private University that fails to comply with the order of the Board of Committee in accordance with Section 92 Paragraph One shall be punished with a fine not exceeding One Hundred Thousand Baht and an additional fine of Five Thousand Baht per day during the period of violation.

Section 119. Whoever uses the academic gown, academic standing, title gown, uniform, insignia or student’s dress of the Private University without being entitled thereto or falsely shows by any means that he has a diploma, junior degree, degree or higher diploma or title of a Private University without the right to do so to make other people believe that he is entitled to such use or having such academic standing or title, shall be punished with imprisonment not exceeding six months or fined not exceeding Three Hundred Thousand Baht or both.

Section 120. Whoever uses, forges, initiates the seal, insignia or symbol of the Private University in whichever color or by any means or to make them appear at any object or goods without permission from the Private University shall be punished with imprisonment not exceeding six months or fined not exceeding Three Hundred Thousand Baht or both.
Section 121. Whoever administers education at degree level without permission or act by any means to make other people believe that he has the power and the duty to do so shall be punished with imprisonment not exceeding one year or fined not exceeding Five Hundred Thousand Baht or both.

Section 122. Any Private University that shows or acts by any means to make other people falsely believe that it has been accredited or approved to administer any field of study or accredited with the academic standard of any field of study, the Rector shall be punished with imprisonment not exceeding one year or fined not exceeding Five Hundred Thousand Baht or both.

Section 123. For any offense against this Act having the punishment being fined only, the Secretary General of the Higher Education Commission through the consent of the Board of Committee shall have the power to impose a fine and when the offender has made the payment of the fine within thirty days, the case shall be considered abrogated. If the offender refused to pay the fine or after agreeing to do so but did not pay the fine within the time limit, then the proceedings of the case shall have to be continued.

Transitory Provisions

Section 124. The Board of Committee of the Private University in accordance with the Private University Act 1979 (B.E. 2522) shall perform their duties in accordance with this Act pending the duration until there shall be lawful Higher Education Commission for the official administration of the Ministry of Education.

Section 125. The Controlling Committee of the Private University, The University Council, and other Committees appointed in accordance with the Private University Act 1979 shall be the Controlling Committee of the Private University, the University Council, and other Committees in accordance with this Act until there shall be a lawful Higher Education Commission for the official administration of the Ministry of Education.

Section 126. The Licenses in accordance with the Private University Act 1979 issued before the enforcement of this Act and have been valid on the date of the announcement of this Act in the Government Gazette shall be considered Licenses in accordance with this Act.

Section 127. The applicants of License for the Establishment Project of the Private University submitted before the enforcement of this Act shall be proceeded until completion and considered to be undertaken in accordance with this Act. However, such applications should be undertaken till completion within ninety days from date of the enforcement of this Act.

Section 128. Academic Title holders of the Private University on the date of Announcement of this Act in the Government Gazette shall remain their standing of Academic Title holders of the Private University in accordance with this Act.

Section 129. The working officers of the Private University appointed in accordance with the Private University Act 1979 shall become the working officers of the Private University in accordance with this Act.

Section 130. During the absence of ministerial regulations, announcements, orders, provisions, rules and regulations to be enforced in accordance with this Act, the ministerial regulations, announcements, orders, provisions, rules and regulations issued in accordance with the Private University Act 1979 shall be applied mutatis mutandis hereto.

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