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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/11/24 10:50
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Chapter Law Content

Chapter IV, Members and Organization
Article 14
Those beneficiary who meet any one of the following Subparagraph, within farmland water conservancy activities area, shall become a member:
1. Representative of administrative agency or utilizing agency of public farmland;
2. Owner or dian-holder of private farmland;
3. Lessee or permanent tenants of public or private farmland;
4.Other beneficiaries.
If the owner, dian-holder, lessee, permanent tenant, or beneficiary mentioned in the Subparagraph 2, 3 and 4 of the aforementioned Paragraph is a juridical person, whose supervisor or representative is a member.
Article 15
Members of Irrigation Association are entitled to utilize irrigation and drainage facilities, and rights stipulated in pertinent regulations and its organization constitution. Members are obliged to pay membership fees and fulfill obligations stipulated in pertinent regulations and association articles.
In cases of member fails to fulfill obligations, Irrigation Association shall report to the Competent Authority for approval to suspend part, or all of rights of member.
In cases of Irrigation Association violating regulations or its organization constitution , or other inappropriate act leading to injury of member, member may claim compensation to injury actually suffered.
Article 15-1
Member of Irrigation Association entitled to elect or recall president and advisory committee is necessary of be qualified as requirements in the following Subparagraphs:
1. Members of natural person shall reach the twentieth year of age;
2. Continuous membership for more than 6 months;
3. Owning farmland entitled to utilize irrigation or drainage facilities which total area shall be more than 0.01 hectare.
The calculation of land area related to Subparagraph 3 of the aforementioned Paragraph shall be in accordance with land register of land office; the valid date of record shall be 60 days before the voting date. In cases of land register do not specify land rights ratio, the land area of individual landowner is averagely calculated according to number of interested parties.
The Competent Authority may request land office and household registration authority to provide cadastral data of land in farmland water conservancy activities area and household registration data of interested parties, and then transfer to individual Irrigation Association. Both data above shall be made, with duty of care of good administrators, in accordance with the provisions of the Personal Information Protection Act.
Regulations governing for membership qualification in Article 14 and Paragraph 1 of this Article, making, updating roster of member in preceding Paragraph, and providing in the roster to president and candidate of advisory committee of Irrigation Association shall be stipulated by the Competent Authority.
Article 16
Irrigation Association shall initiate advisory council consisting of 15 to 33 advisory committee. Number of advisory committees shall be determined according to irrigation or drainage farmland area in farmland water conservancy activities area. The advisory committee shall be elected by members of individual Irrigation Association. Advisory committee shall be unpaid, but would be reimbursed with transportation fares and postal and telecommunication fees. Standards of transportation fares and postal and telecommunication fees for the advisory committee shall be stipulated by the Competent Authority.
Advisory committee conference shall be held every six months. In case of one-third of the committee request or president deems it necessary, president shall convene such conference and notify the Competent Authority for future reference.
Advisory committees shall elect a chairman to host the conference. Regulations for governing organization, procedures, matters of conference, and other relevant matters that must be followed shall be stipulated by the Competent Authority.
Article 17
Members reaching twenty-third years of the age and having continuous membership for more than one year may register as a candidate of advisory committee of the Irrigation Association.
Advisory committee has a four-year term of office and is eligible for re-election. Regulations for governing registration for election, qualification censoring, proposal for recall, joint signature, procedure, conditions of establishment, voting and vote counting, announcement, dispute resolution for election of the advisory committee and other relevant matters that must be followed shall be stipulated by the Competent Authority.
Article 18
The authorities of the advisory committee include the following:
1.To deliberate on organization constitutions and matters related to membership rights and obligations, like membership suspension;
2.To deliberate on project planning proposal;
3. To deliberate on disposal of real property, creation a right in rem or leases that extend for more than 10 years;
4.To deliberate on loans and donation programs;
5. To deliberate on annual budgets and financial accounts;
6.To deliberate on proposal by president and advisory committee;
7. To resolve petitions by members;
8. Other authorities stipulated by laws.
Exercise of authorities in Subparagraphs of preceding Paragraph shall be implemented by convening conferences. Deliberation and resolutions in Subparagraphs 1 to 6 shall be implemented under authorization of the Competent Authority.
In cases of exercise of authorities is controversial or floundering, advisory council shall report to the Competent Authority for resolutions.
Advisory council shall not make resolutions for increasing budget expenditures.
Article 19
President shall manage operation of Irrigation Association, supervise employees and activities agencies in accordance with law and its organization constitution , and represent Irrigation Association externally.
President is elected by members having voting rights through direct election.
Article 19-1
Members reaching thirtieth years of the age, having continuous membership for more than one year, and meeting one of the following qualifications, may be registered as a candidate for president of the Irrigation Association:
1.With a diploma issued by high school certified by the Competent Education Authority, or passing Civil Service Examination and having more than 8 years of experience in governmental agencies or administrative work, water conservancy, civil engineering, and agriculture related in Irrigation Association;
2. Serving as president, or general manager for more than 4 years, and class 1 supervisor for more than 6 years for Irrigation Association.
Regulations for governing registration of election, qualification censoring procedure, proposal for recall, joint signature, procedure, conditions of establishment, voting and cote counting, announcement, dispute resolution for president, and other relevant matters that must be stipulated by the Competent Authority.
Article 19-2
Members meeting one of the following circumstances shall not registered as a candidate for president or advisory committee of Irrigation Association:
1. Suspension of rights of member and not yet been reinstated;
2. Deprivation of civil rights and not yet been reinstated;
3. A member who has committed the offense of civil disturbance or the offense of treason, and convicted with no further right of appeal;
4. A member who has committed the offense of fraudulence, embezzlement, breach of trust, and corruption, and convicted with no further right of appeal;
5. A member who has committed the offense of vote-buying, bribe-taking, interfering with balloting, campaign irregularities or monopolizing vote-buying , and convicted with no further right of appeal;
6. A member who has committed the offense of Paragraph 1 of Article 38-1 or Article 38-2 of this Act , and convicted with no further right of appeal ;
7. A member who has committed an crime other than the offenses set forth in the preceding four subparagraphs, and sentenced to imprisonment with the penalty is pending enforcement or enforced but not completed . Despite that, those who are reprieved or sentenced to less than six months in prison with the sentence which may be alternatively converted into a fine are excluded from this ruling;
8.A member who is subject to compulsory labor, and with no further right of interlocutory appeal, with the penalty to be enforced, or enforced but not completed, or completed within the past five years; a member who is subject to other rehabilitative measures, and with no further right of interlocutory appeal, with the penalty to be enforced, or enforced but not completed. However, this provision shall not apply to those subject to probation under protective measure;
9. Been discharged from president or appointed position of Irrigation Association .
In cases of election which notice of election has been announced before April 20, 2010, regulations prior to the amendment shall apply to the election instead of preceding Paragraph of this Article.
Article 20
President has a four-year term of office and is eligible for one re-election.
Article 21
In cases of president is vacant, the general manager shall serve as deputy. By-election for president shall be held within 60 days since deputy serve; By-elected president shall resume term of office of former president, and be counted as one term. In cases of remaining term of office of former president less than one year, by-election shall not be held.
Article 22
Regulation for governing association articles and certified staff, appointment of employees on each level, salary, management shall be stipulated by the Competent Authority.
Article 23
President and full-time staffs on each level of Irrigation Association shall be considered civil servants, as interpreted by Criminal Code, and shall not concurrently serve in other public sectors.
Personnel of preceding Paragraph shall strictly obey administrative neutrality in conformity mutatis mutandis with Administrative Neutrality Act, executing their duties in accordance with law, and implement the government policy. In cases of violation, punishment shall be imposed depending on seriousness in accordance with relevant regulations.
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