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

Print Time:2024/11/24 11:03
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Chapter Law Content

Title: Fishermen Associations Act CH
Category: Ministry of Agriculture(農業部)
Chapter V Staff
Article 20
A fishermen association shall have directors and supervisors so as to form a board of directors and supervisors, respectively. Directors and supervisors shall be elected by members (representatives) with the following allocated numbers:
(1)9 to 15 directors for each regional fishermen association.
(2)15 to 21 directors for the National Fishermen Association.
(3)The number of supervisors shall not exceed one-third of the number of directors in the same fishermen association.
(4)A fishermen association shall have alternate directors and supervisors, whose number shall not exceed one-second of the numbers of directors and supervisors, respectively.
At least two-thirds of a fishermen association’s respective directors and supervisors shall be members of category A.
A chair of a board of directors and a standing supervisor shall be elected by and from the respective directors and supervisors of a fishermen association.
A director or supervisor of a superior fishermen association shall not serve concurrently as a director or supervisor of a subordinate fishermen association.
Article 21
Candidates of directors or supervisors of a fishermen association shall be members of that regional fishermen association. Candidates of directors or supervisors of a superior fishermen association are not limited to the representatives of subordinate fishermen associations that participate in meetings of the superior fishermen association.
A fishermen association shall conduct candidacy registration before an election of directors and supervisors. Any unregistered person shall not join the election campaign.
Article 21-1
Any member of a fishermen association meeting the following requirements may register candidacy for an election of directors or supervisors:
(1)He/she has been affiliated for two years or more.
(2)He/she graduated from a junior high school or an elementary school and served as a director, supervisor, member representative, secretary general, or chief or deputy chief of the fishermen task force for one term or more.
(3)He/she has engaged in fisheries which meets the qualifications set forth by the central competent authority.
For directors and supervisors candidates as referred to in subparagraph (3) of the preceding paragraph, regulations for determining the qualifications of having engaged in fisheries, screening procedures, and other requirements to be complied with, shall be prescribed by the central competent authority.
Article 21-2
A member of a fishermen association under any of the following circumstances shall not register as a candidate for an election of directors or supervisors; if registered or elected, it shall be revoked or nullified:
(1)Where he/she has any debt to the fishermen association in relation to property, membership fees/dues, business capital, or fisheries promotion fund; or (since 1 January 2001) he/she has any loan from a fishermen association or other financial institution(s) with a record of in-default repayment of the principal or interest for one year or more; or he/she has any debt on guaranty to the fishermen association, and fails to discharge after notification for more than one year.
(2)Where he/she is under any of the circumstances as referred to in Article 16-1, sub-paragraph (2) to (8).
(3)Where he/she has been discharged from his/her position due to conviction of a crime during the service as an elective personnel or an employee of a fishermen association within the last four years.
(4)Where he/she was the responsible person of a legal person whose bankruptcy was declared within the last five years.
Article 22
A director or supervisor of a fishermen association shall be a non-paid position and shall neither serve concurrently as an employee of a fishermen association, a chief or deputy chief of a fishermen task force, a consignee of a fish market, or in any position within a group or enterprise competing with the fishermen association, nor operate a profit-seeking enterprise competing with the fishermen association.
Article 23
The term of a director or supervisor of a fishermen association is four years, and he/she is eligible for one re-election. Despite that, those who are re-elected shall not exceed one- second of the total number of directors and supervisors.
After the completion of a re-election of directors and supervisors due to expiry of a term, the concerned fishermen association shall submit the curriculum vitae of directors and supervisors, and the updated list of members to the competent authority for reference.
Article 23-1
The re-election of elective personnel of a fishermen association shall be held and completed at least 30 days prior to expiry of a term, or on the date designated by the competent authority.
Any elective personnel of a fishermen association shall take office on the date as prescribed. Any elective personnel resulting from a re-held election or a by-election, and he/she who for some reasons fails to take office by the prescribed deadline, shall still have his/her term commencing from the prescribed date.
Upon the amendment of this Act on 13 November 2012 becoming effective, the term for the 18th term of elective personnel of the Kinmen Fishermen’s Association, who were elected in October 2012, shall expire in March 2017, and the termfor the 10th term of elective personnel of the Kaohsiung Fishermen’s Association, who were elected in August 2012, shall expire in March 2017.
Article 24
A fishermen task force shall have one chief and one deputy chief, to be elected by members, with a term for four years and are eligible for re-election. In the absence of a chief, a deputy chief shall succeed until the term of the original chief expires.
A member of a fishermen association, who has been affiliated for six months or more, may register as a candidate for chief or deputy chief of a fishermen task force. Despite that, any person who is under the circumstances as referred to in Article 16-1, shall not register; if he/she is registered, the registration shall be revoked or nullified.
The registration for an election of chief or deputy chief of a fishermen task force shall be convened prior to the election, and any person shall not join the election campaign without registration.
Article 24-1
When a fishermen association holds simultaneously elections for two or more positions of elective personnel, any person who registers as a candidate shall only register his/her candidacy for one position, and the candidacy registrations for two or more positions simultaneously shall be null and void.
Any registered candidate shall not withdraw his/her candidacy registration after the deadline for registration is due. Any person withdrawing his/her candidacy registration prior to the deadline for registration shall not re-apply for the same candidacy registration.
Article 25
Any elective personnel of a fishermen association, who violates legislation or the charter, or commits any behavior that jeopardizes rights, interests, or reputation of the fishermen association, may be recalled by a resolution of the General Members (Representatives) Meeting.
Article 26
A fishermen association shall have one secretary general, who shall be appointed by the board of directors from qualified candidates as selected by the central or municipal competent authority.
The appointment of a secretary general shall be made within 60 days after the establishment of a new board of directors. In the event that a secretary general is not appointed by deadline, a superior fishermen association may appoint a qualified person to act on his/her behalf. Secretary generals of the National Fishermen Association or provincial (municipal) fishermen associations may be appointed from qualified persons by the central competent authority to act on his/her behalf, until a new secretary general is duly appointed.
The appointment of a secretary general of a fishermen association shall be made by a resolution adopted by simple majority of the total directors, and the discharge shall be made by a resolution adopted by two-thirds majority of the total directors.
Article 26-1
A national of the Republic of China meeting the following requirements may register as a candidate for a secretary general of a fishermen association:
(1)The secretary general of the National Fishermen Association shall have one of the following qualifications:
i.He/She graduated from a university or an institution of college grade or above, or is qualified by a Senior Examination, and has served within a fisheries or fisheries related agency, school, financial institution, or fishermen organization in a position equivalent to junior rank for three years or more.
ii.He/She graduated from a junior college or above, and has served within a fisheries or fisheries related agency, school, financial institution, or fishermen organization in a position equivalent to junior rank for five years or more.
iii.He/She graduated from a senior high or senior vocational school, or is qualified by a Junior Examination, and has served within a fisheries or fisheries related agency, school, financial institution, or fishermen organization in a position equivalent to juniro rank for seven years or more.
(2)A secretary general of a regional fishermen association shall have one of the following qualifications:
i.He/She graduated from a university or an institution of college grade or above, or is qualified by a Senior Examination, and has served within a fisheries or fisheries related agency, school, financial institution, or fishermen organization in a position equivalent to elementary rank for two years or more.
ii.He/She graduated from a junior college or above, and has served within a fisheries or fisheries related agency, school, financial institution, or fishermen organization in a position equivalent to elementary rank for four years or more.
iii.He/She graduated from a senior high or senior vocational school, or is qualified by a Junior Examination, and has served within a fisheries or fisheries related agency, school, financial institution, or fishermen organization in a position equivalent to elementary rank for six years or more.
(3)Any new secretary general of a fishermen association at any level shall not be older than 55 years old at the time of appointment.
An incumbent secretary general that does not meet the qualifications as stipualted in the preceding paragraph may be exempted from the requirements of the preceding paragraph. Despite that, any person who will have age-mandated retirement within one year of the next term shall not register as a candidate for a secretary general.
For any candidate for a secretary general who is assessed as qualified by the central competent authority, in case that he/she is found not meeting any of the requirements as stipulated in paragraph 1 before the appointment, the central competent authority shall revoke his/her qualification, and so shall be the case for the appointment if he/she is appointed.
Article 26-2
A person that is under any of the following circumstances shall not register as a candidate for a secretary general of a fishermen association; if registered or appointed, it shall be revoked or nullified.
(1)Where he/she does not have the nationality of the Republic of China.
(2)Where he/she has any debt to the fishermen association in relation to property, membership fees/dues, business capital, or fisheries promotion fund; or (since 1 January 2001) he/she has any loan from a fishermen association or other financial institution(s) with a record of in-default repayment of the principal or interest for one year or more; or he/she has any debt on guaranty to the fishermen association, and fails to discharge after notification for more than one year.
(3)Where he/she is under any of the circumstances as referred to in Article 16-1, sub-paragraph (3) to (8).
(4)Where he/she is under any of the circumstances as referred to in Article 17, sub-paragraph (1) to (3).
(5)Where he/she has been discharged from his/her position due to conviction of a crime during the service as an elective personnel or an employee of a fishermen association.
(6)Where he/she was the responsible person of a legal person whose bankruptcy was declared within the last five years.
Article 26-3
A secretary general of a fishermen association shall, within ten days of his/her appointment, submit a letter of guaranty signed by at least two guarantors who possess real estate, or a fidelity bond insurance policy, to the fishermen association for guarantee.
The amount of real estate or insurance as referred to in the preceding paragraph shall be prescribed by the central competent authority.
Article 27
Employees other than a secretary general of a fishermen association shall be recruited by the secretary general from those qualified by the joint examination of fishermen associations, and shall be subject to the instruction and supervision by the secretary general.
The employees as referred to in the preceding paragraph shall be examined and trained jointly by the National Fishermen Association under the supervision of the central competent authority.
Article 28
(Deleted)
Article 29
A secretary general and other employee of a fishermen association shall serve on a full-time basis, and shall not concurrently operate any other industrial or commercial business, or serve any other salaried position for a public or private organization, or serve as a legislator at any level. If a secretary general or other employee runs election campaign for public officials, once he/she is elected and accedes, he/she shall be considered as resigning from the concerned fishermen association, and the person concerned shall be dismissed.
Article 29-1
Spouses, relatives by blood within two generations, or relatives by marriage within one generation shall not serve at the same time as a chair of a board of directors, standing supervisor, or secretary general in the same fishermen association.
In the event of being elected or appointed while under the situation as referred to in the preceding paragraph, the election or appointment shall be null and void.
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