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

Print Time:2024/11/22 07:54
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Chapter Law Content

Title: Land Administration Agent Act CH
Category: Ministry of the Interior(內政部)
Chapter 5 Awards and Punishments
Article 42
The competent authority in a Municipality or a County (City) shall award a Land Administration Agent or report the details to the competent central authority for a special award under any of the following circumstances:
1.The agent continuously practices land administration business for more than two years and with excellent performance.
2.The agent has undertaken research or published articles that make significant contribution in renovating practice of land registrations or other land administration business.
3.The agent reports false land registrations so as to prevent crime and protect individuals’ property rights.
4.The agent assists governments with implementation of land administration business and with excellent performance.
Article 43
Punishments for misconducts of a Land Administration Agents is listed as follows:
1.Warning
2.Reprimand
3.Cease the right to practice for a period of between two months to two years.
4.Disqualification
A Land Administration Agent, who is given warning for three times, is regarded as given a reprimand. A Land Administration Agent, who is given reprimand for three times, shall be disciplined to cease the right to practice. A Land Administration Agent, who is disciplined to cease the right to practice for an accumulated period of over three years, shall be disqualified.
Article 44
A Land Administration Agent who violates this Act shall be disciplined in accordance with the following punishments:
1.Those who violate the provisions of Item II of Article 9, Item I of Article 12, Article 13, Article 14, Item I of Article15, Article 17, Article23 to 25 or Item III of Article29, shall be given warning or reprimand and wrongdoings be amended within in a certain time period. For those who did not have wrongdoings amended within the period specified, the competent authority can continue its request for amendment and give consecutive warnings or reprimands until the violation has been rectified.
2.Those who violate the provisions of Item II of Article 12, Article 18, Items III and IV of Article 27, Article 28, the Ethical Codes of Practice for Land Administration Agents, or Articles of Land Administration Agent Guild, shall be given reprimand or asked to cease the right to practice.
3.Those who violate the provisions of Item III of Article 22, Item I of Article 26, Items I, II, V and VI of Article 27 or Item II of Article 29, shall be asked to cease the right to practice or disqualified.
Article 45
The competent authority in a Municipality or a County (City) shall set up a Disciplinary Committee for Land Administration Agents (hereinafter called the Disciplinary Committee) to deal with disciplinary matters in relation to Land Administration Agents. The organization of the Disciplinary Committee shall be instituted by the competent authority in a Municipality or a County (City).
The Disciplinary Committee should consist of nine committee members. The Director of Department of Land Administration in a Municipality or a County (City) should act as the Chairman of the Committee. The other Committee members should be appointed by the competent authority in a Municipality or a County (City) and consist of:
1.Two representatives of the Guild.
2.One official from the competent authority of civilian associations.
3.Three officials from the competent authority of land administration.
4.Two respectable people in the jurisdiction.
Article 46
In the case that a Land Administration Agent breaches the provisions of Article 44 in this Act, the clients, interested parties, the responsible competent authority, the local land office or the local Land Administration Agent Guild should submit the facts and supporting evidence to the Disciplinary Committee of the competent authority in a Municipality or a County (City) where the Land administration Agent registered to practice.
Article 47
The Disciplinary Committee should notify the accused Land Administration Agent of the disciplinary matters and request the Agent to provide with a written statement of defense or defend himself in person within twenty days of receiving the notification. The Disciplinary Committee can adjudicate on the disciplinary matters in the case that the Land Administration Agent fails to provide with a written statement of defense or defend himself in person within twenty days of receiving the notification.
The Disciplinary Committee should refer a case to the judicial authority for further investigation in the case that the Land Administration Agent is considered to be involved in a criminal offence.
Article 48
Once a Land Administration Agent is disciplined, the competent authority in a Municipality or a County (City) should make a public notice concerning the disciplinary matters and notify the local Land Office and the Land Administration Agent Guild in the local jurisdiction.
In the case that a Land Administration Agent is disciplined to cease the right to practice or is disqualified, the competent authority in a Municipality or a County (City) should report this disciplinary case to the competent central authority for future reference and notify the competent authorities in other Municipalities or Counties (Cities), and publish this disciplinary case in a bulletin.
Article 49
A person, who practices as a Land Administration Agent but without the certificate of Land Administration Agent in accordance with the laws or whose Certificate of Land Administration Agent has been withdrawn or nullified, will be fined of between NT$50,000 to NT$250,000.
Article 50
A person, who practices as a Land Administration Agent under any of the following circumstances, will be fined by the competent authority in a Municipality or a County (City) NT$30,000 to NT$150,000 and ordered to rectify or terminate his / her wrongdoings within a certain time period. For those who do not rectify or terminate the wrongdoings within the time period specified, the competent authority can continue to request for rectification or termination of the above wrongdoings within a certain time period and impose consecutive fines until the wrongdoings have been rectified or terminated.
1.Without a Practicing License in accordance with the laws.
2.With a Practicing License but without the membership of a Land Administration Agent Guild.
3.With a Practicing License but failing to renew the license in accordance with this Act when the practicing license expires.
4.Practicing License has been withdrawn or nullified.
5.Having been disciplined to cease the right to practice.
Article 51
In the case that a Land Administration Agent Guild breaches Item II of Article 33, the competent authority in a Municipality or a County (City) shall impose a NT$30,000 to NT$150,000 fine on the Guild for the violation.
Article 51-1
Cancelled.
Article 52
Cancelled.
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