Page 103 - FINAL-book ประมวลกฎหมาย เกี่ยวกับการจัดซื้อจัดจ้างและการบริหารพัสดุ(แก้ไขครั้งที่15)

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The decision of the Appeals Committee shall be final.
In the case where, after the expiration of the period for the consideration of the

appeal under paragraph one, the Appeals Committee fails to complete its consideration, the
matter shall be discontinued and the Appeals Committee shall notify it to the appellant and the
person who is successful in the procurement or who is selected and shall also notify the State

agency to proceed with the procurement.
Any appellant who is not satisfied with the decision of the Appeals Committee or
the discontinuance of the matter under paragraph four and is of the opinion that the State agency

shall be liable to pay damages has the right to institute an action before the Court for claiming
damages from the State agency, provided that such institution of an action is not prejudicial to
the procurement in respect of which a contract therefor has been signed by the State agency.

CHAPTER XV
PENALTIES

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Section 120. Any person who, being an official or being the person with the
authority in connection with the procurement or supplies administration, unlawfully performs or
omits to perform the duty in the procurement or supplies administration under this Act or a
Ministerial Regulation, Rule or Notification issued under the provisions of this Act with a view to

causing loss to any particular person or dishonestly performs or omits to perform the duty in the
procurement or supplies administration under this Act or a Ministerial Regulation, Rule or

Notification issued under the provisions of this Act shall be liable to imprisonment for a term of
one year to ten years or to a fine of twenty thousand to two hundred thousand Baht or to both.
Any person who is an instigator or an aider and abettor for the commission of the

offence under paragraph one shall be liable to the penalty provided for the offence under
paragraph one.

Section 121. Any person who fails to comply with an order of the Ruling
Committee under section 31 or an order of the Appeals Committee under section 45 shall be,

DISCLAIMER: THIS TEXT HAS BEEN PROVIDED FOR EDUCATIONAL/ COMPREHENSION PURPOSES AND

CONTAINS NO LEGAL AUTHORITY. THE OFFICE OF THE COUNCIL OF STATE SHALL ASSUME NO
RESPONSIBILITY FOR ANY LIABILITIES ARISING FROM THE USE AND/OR REFERENCE OF THIS TEXT. THE

ORIGINAL THAI TEXT AS FORMALLY ADOPTED AND PUBLISHED SHALL IN ALL EVENTS REMAIN THE SOLE
AUTHORITY HAVING LEGAL FORCE.

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