Legal Problems and Obstacles on the Enforcement of the Auction and Recycling Trade Act of 1931.

Abstract

              This thesis is intended to study the legal problems and obstacles on the enforcement of the Auction and Recycling Trade Act of 1931, and the results are as follows,

              The Auction and Recycling Trade Act of 1931 has no legal measures on the control over the auction by the private sector, so it has caused various problems such as collusion (bid conspiracy). Also it requires the qualification of the auctioneers and the recycling traders that must have no prior imprisonment records pursuant to the Criminal Code, Section 2. This is seemed to limit the right of the individuals to work in the occupation and is unfair pursuant to the constitution of the Kingdom of Thailand 2007, because the people must have liberty in performing business or occupation with free and fair competition. Also on the expiration of the license for auction and recycling trade defines its validity according to the law on 31 December of each year has caused discrepancy on the time used on the license and generated the problem on the auction and recycling trade without a license. In a situation that it prescribes the license of the auction and recycling trade is issued specifically and cannot be transferred to an heir or other people, so after the license grantee is deceased or does not wish to continue the business anymore, the business has to be dissolved. This can create impact on its employees at the workplace. Filing an application for a license for an auction and recycling trade requires the applicant to submit the application by himself, and no one else can do on his behalf. Meanwhile, the Auction and Recycling Control Act 1931 does not prescribe the qualification of the workplace of the auction and recycling trade explicitly, it depends on the ministerial regulation and other acts for a comparison on the basis for the control of the workplace.

            Thus, as for the Auction and Recycling Trade Control Act 1931 can be applied effectively, the researcher deems it should define guidelines and methodology on prevention of bid collusion. In a situation of private auction shall apply the guidelines in the ministerial regulation to designate the criteria, terms and conditions on auction of 2001 to apply on a private auction. Moreover, it should improve and amend the Section 6, sub-section 3, on the qualification of the issuer of the license for auction and recycling trade. By defining the convicts with imprisonment in accordance with the criminal characteristic law after releasing from prison for five years, a person can apply for the license in compliance with the constitution of the Kingdom of Thailand 2007. In the meantime, it may allow filing an application or renewal of the license can be done by proxy. In addition it should update the Section 11 by upgrading the use of the license to one year following the date of being granted the license. It includes designating the state with the authority to supervise the business of auction and recycling trade temporarily while the license grantee is deceased, or in the case of transferring it to other individuals. Furthermore, it should define the qualification on the venue of the auction and recycling trade explicitly and comply with the Building Control Act 1979.