CHAPTER VI
Competent officers
Section 68. In the performance of his duty, a competent officer shall have power to:
(1) order any director, office employee or auditor of a company or any person who
provides computerized or whatsoever data processing service for a company to testify, or to
deliver copies of or to produce the actual books of accounts, documents, seals or other
evidence concerning the affairs, assets and liabilities of the company;
(2) enter into business premises of a company or into places where there is
computer equipment or whatsoever equipment used for data processing service for a company;
(3) enter into any premises, where there are reasonable ground for suspecting that
an offence under Section 11 or Section 50 is to have been committed therein or that evidence
or documents connected with the commission of an offence under the aforesaid Section are to
be found therein for the purpose of inspection during the hours between sunrise and sunset;
(4) seize or attach properties, documents or things or things connected with the
commission of an offence under this Act for inspection or prosecution purposes;
(5) enter into business premises of the company’s debtor for inspection of
condition or operation.
All persons concerned shall reasonably facilitate a competent officer in the
performance of his duty under the first paragraph.
Section 69. In the performance of his duty, a competent officer shall produce his
identification card to the persons concerned.
The identification card of a competent officer shall be in the from prescribed by
ministerial regulation.
CHAPTER VII
Penal Provisions
Section 70. Any company which violates or fails to comply with the provisions
of Section 10, Section 12, the first paragraph of Section 14, Section 15, Section 17,Section 18,
Section 19, Section 20, Section 21, Section 22 bis, the first, the second or the third paragraph
of Section 23, the first paragraph of Section 23 bis, Section 24, Section 25, the first or the
fourth paragraph of Section 26, bis, the first paragraph of Section 26 ter, Section 27, Section
28, Section 29, the first or the second paragraph of Section 30, Section 31, Section 32, Section
34, the first or the third paragraph of Section 35, Section 37, Section 51, Section 53, Section
54 or Section 55, or violates or fails to comply with conditions prescribed or the orders made
under Section 9, Section 10, Section 20 (1), (2), (4), (5), (6), (8) or (11), Section 22 ter,
Section 23 bis, the second paragraph of Section 26 ter, Section 26 quarter, Section 29 bis, the
first or the third paragraph of section 35, Section 37, Section 54 (1), (4), (5), (6), (8) or (9),
Section 55, Section 57, Section 57 bis, Section 57 ter or Section 65, or violates or fails to
comply with the rules or conditions in the ministerial regulations under the third paragraph of
Section 7, shall be liable to a fine not exceeding one hundred thousand bath, and to a further
fine not exceeding tree thousand bath per day for every consecutive day during which such
violation continues or until rectification has been made,
Section 71. Whoever violates the provisions of Section 11 or Section 50 shall be
liable to imprisonment for a term of two to five years and a fine of two hundred thousand to
five hundred thousand bath, and to a further fine not exceeding ten thousand bath per day for
every consecutive day during which such violation continues.
Section 72. Whoever violates the provisions of Section 10 bis, Section 13 or Section
52 or fails to comply with the conditions prescribed under Section 10 bis, shall be liable to
imprisonment for a term of six months to three years and a fine of sixty thousand to three
hundred thousand bath, and to a further fine not exceeding two thousand bath per day for
every consecutive day during which such violation continues.
Section 73. Whoever violates the provisions of the second paragraph of Section 57
bis, Section 60 or Section 61, or violates the orders of the Control Committee or of the control
officers made under Section 62, shall be liable to imprisonment for a trm not exceeding three
years and a fine not exceeding three hundred thousand bath, and to a further fined not
exceeding one thousand bath per day for every consecutive day during which such violation
continues.
Section 73 bis. Whoever gives a false statement to a competent officer which may
cause damage to the other or the public shall be liable to imprisonment for a term not
exceeding six months and a fine not exceeding sixty thousand bath.
Section 74. Whoever obstructs, fails to comply with the orders of or fails to
facilitate a competent officer in the performance of his duty under this Act shall be liable to
imprisonment for a term of not exceeding six months and a fine not exceeding sixty thousand
bath.
Section 74 bis. Whoever removes, damages, destroys or renders useless of any seal
or mark which a competent officer stamped or affixed on any thing in the course of
performance of his duty for the sake of being evidence of the seizure, attachment or keeping of
such thing, shall be liable to imprisonment for a term not exceeding three years and a fine not
exceeding three hundred thousand bath.
Section 74 ter. Whoever damages, destroys, conceals, takes away, loses or renders
useless of any property or document which a competent officer seized, attached, kept or
ordered to be sent as evidence or for execution of the law, whether the competent officer keeps
such property or document by himself or orders such person or any other person to send or
keep it, shall be liable to imprisonment for a term of six months to three years and a fine of
sixty thousand to three hundred thousand bath.
Section 75. In the case where a company violates or fails to comply with Section
10, the first paragraph of Section 14, Section 22 bis, the first, the second or the third paragraph
of Section 23, Section 24, Section 25, Section 37 or Section 53, its directors or managers or
any person responsible for its operation shall be liable to imprisonment for a trm not
exceeding three years and a fine of not exceeding three hundred thousand bath, unless he can
prove that he had no part in the commission of such offence of the company.
In the case where a company violates or fails to comply with Section 20, Section 23
bis, the first or the fourth paragraph of Section 26 bis, the first paragraph of Section 26 ter,
Section 28, Section 29, the first or the second paragraph of Section 30, Section 32, the first or
the third paragraph of Section 35, Section 54 or Section 55, or violates or fails to comply with
the conditions prescribed or orders made under Section 9, Section 10, Section 20 (1), (2), (4),
(6) or (11), Section 22 ter, Section 23 bis, the second paragraph of Section of Section 26, the
first or the second paragraph of Section 26 bis, Section 29 bis, the first or the third paragraph
of Section 35, Section 54 (1), (4), (5), (6) or (9), Section 55 or the first or the second paragraph
of Section 57, its directors or managers or any person responsible for its operation shall be
liable to imprisonment of two to five years and a fine of two hundred thousand to five hundred
thousand bath, unless he can prove that he had no part in the commission of such offence of
the company.
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