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Chapter Law Content

Title: The Farmers Association Act CH
Category: Ministry of Agriculture(農業部)
Chapter V Staff
Article 19
A farmers association shall have directors and supervisors to form a board of directors and that of supervisors, respectively. The directors and supervisors shall be elected by members (representatives)in the following numbers:
1. Nine(9)directors for each town, township(city)or district farmers association;
2. Nine(9)to fifteen(15)directors for each county(city) farmers association;
3. Fifteen(15)to twenty-one(21)directors for each provincial (municipal)farmers association;
4. Twenty-one(21)to twenty-seven(27)directors for the national farmers association;
5. The number of supervisors shall be one-third(1/3)of a farmers association’s directors;
6. A farmers association shall have standby directors and supervisors the numbers of which shall not exceed one-second (1/2)of the numbers of directors and supervisors.
At least two-thirds(2/3)of a farmers association’s directors or supervisors shall be owner-farmers, tenant farmers and employed farmers.
One board chairman and one standing supervisor shall be elected out of a farmers association’s directors and supervisors, but a director or supervisor of a superior farmers association shall not concurrently serve as a director or supervisor of a lower- level farmers association.
Article 20
Candidates for a farmers association’s board directors or supervisors shall come only from members of the base-level farmers association, while candidates for a superior farmers association’s board directors or supervisors shall not be limited to representatives from lower-level farmers associations.
Board directors and supervisors of a farmers association shall register their candidacy prior to elections and shall not undergo any election campaign until registered.
Article 20-1
Any member of a farmers association meeting the following requirements may register candidacy for elections of directors or supervisors:
1. Having joined the membership for more than two(2)years;
2. Graduated from a junior high school or a primary school and once serving as a farmers association’s board director, supervisor, member representative, general manager, or chief or deputy chief of a farming task force for a minimum of one (1)term;
3. Having engaged in agriculture hands-on and meeting the qualifications set forth by the central-level competent authorities.
Rules and regulations governing the certification and screening procedures of required qualifications as well as other matters concerned provided above by Clause 3 involving the candidates for a farmers association’s directors or supervisors engaging in agriculture hands-on shall be established by the central- level competent authorities.
Article 20-2
Any member of a farmers association in the event of any of the following situations shall not register candidacy to run for a board director or supervisor of a farmers association and shall be revoked or nullified the candidacy or eligibility if registered or elected.
1. Having repeatedly failed to return borrowed belongings of the farmers association or having left unpaid membership dues, business capital, agricultural extension funds, or having borrowed loans from a farmers association or any other financial organization since January 1, 2001, leaving a record of unpaid principal and interest for more than one (1)year, or having had outstanding debts overdue to a farmers association and failed to repay the debts for more than one(1)year after notification of the repayment.
2. Having run into any of the situations mentioned in the provisions of Clause 2-9 under Article 15-1;
3. Having been discharged from position due to conviction of a crime during the service as elected, appointed or employed staff of the farmers association within the past four(4)years;
4. Having been declared bankrupt within the past five(5)years while serving the position responsible for the bankrupt judicial person.
Article 21
Board directors and supervisors of a farmers association shall serve on a non-salaried basis and shall not concurrently serve as the farmers association’s appointed or employed staff, chief or deputy chief of a farming task force, or serve in any position in any other group or enterprise competing with the farmers association, nor shall they engage in any for-profit business in competition with the farmers association.
Article 22
A board director or supervisor of a farmers association has a four-year(4)tenure of office and is eligible for one (1) re -election, but the number of re-elected directors or supervisors shall not exceed one-second(1/2)of the total number of directors or supervisors.
The resumes and roster of newly elected board directors and supervisors together with a roster detailing the increase or reduction of the farmers association’s members shall be submitted to the competent authorities for reference within seven(7)days after the aforementioned elections held due to expiry of a term of tenure.
Article 22-1
Elections of a farmers association’s elected staff shall be held and completed thirty(30)days prior to expiry of a tenure of office or on a date specified by the competent authorities.
A farmers association’s newly elected staff shall take office on a specified date. Elected staff in a renewed or supplemental election or those who fail somehow to complete election or take office by the specified deadline shall still have their tenure of office beginning to run on the specified date.
Article 23
A farming task force shall have one chief and one deputy chief who shall be elected by farmers association members and shall have a four-year(4)tenure of office and be eligible for re- election. In the chief’s absence, the deputy chief shall take the office for the remaining tenure till expiry of the original chief’s tenure of office.
Any farmers association member having attained membership for more than six(6)months may register candidacy for chief or deputy chief of a farming task force. Despite that, one shall not register such candidacy in the event of any of the situations mentioned in the provisions of Article 15-1, with the registration to be revoked or nullified if registered.
Candidates for the chief and deputy chief of a farming task force shall complete registration for candidacy prior to the elections and shall not participate in any election campaign until registered.
Article 23-1
When a farmers association holds two(2)or more elections simultaneously, the hopefuls shall register candidacy only for one(1) election, and the registration shall be null and void for one who simultaneously registers candidacy for more than two elections.
A registered candidate shall not withdraw his or her registration after the registration deadline is due. One who withdraws registration prior to the deadline shall not re-apply for candidacy registration in the same category of election.
Article 24
Elected staff of a farmers association in the event of violating Act s or the charter of organization or found committing any behavior jeopardizing or defaming the farmers association shall be recalled from post through a resolution adopted in a general meeting of association members (representatives).
Article 25
A farmers association shall have one general manager, to be appointed by the board of directors out of the qualified candidates selected by the competent authorities at the central or municipal level. Each appointment shall last no longer than the tenure of office for the incumbent board of directors. Provided that a next board of directors wants to re-appoint the same candidate as general manager, only one (1)re-appointment may be made to that candidate, but a general manager whose performance has been rated by government authorities as remarkable may be re-appointed for one(1)more term.
The appointment of a general manager shall be made within sixty (60) days after the establishment of a new board of directors. Provided that the general manager does not come out within the deadline, the superior farmers association shall appoint a qualified person to act in place. The acting general manager of a national or provincial(municipal)farmers association shall be appointed by the central-level competent authorities out of qualified candidates and shall act in place until the new general manager is duly appointed.
The appointment of a farmers association’s general manager shall be made with a majority vote in a resolution adopted by more than one-second(1/2)of the total board directors while the discharge of a general manager shall call for a majority vote in a resolution adopted by more than two-thirds(2/3)of the total board directors.
Article 25-1
An ROC citizen meeting the following requirements may register for the general manger of a farmers association:
1. The general manager of a national or municipal farmers association shall possess one of the following qualifications:
(1)Graduated from a university or independent college or with a higher education, or qualified by a senior civil service examination, and having served with a government agency or school, or an agricultural or financial organization or a farmers group in a position equivalent to recommend rank for more than three(3)years;
(2)Graduated from a junior college or with a higher education, and having served with a government agency or school, or an agricultural or financial organization or a farmers group in a position equivalent to recommend rank for more than five (5) years;
(3)Graduated from a senior high or senior vocational school, or qualified by a general civil service examination, and having served with a government agency or school, or an agricultural or financial organization or a farmers group in a position equivalent to recommend rank for more than seven(7) years.
2. The general manger of a county(city), town(township, city or district)farmers association shall possess one of the following qualifications:
(1)Graduated from a university or independent college or with a higher education, or qualified by a senior civil service examination, and having served with a government agency or school or an agricultural or financial organization or a farmers group in a position equivalent to delegated rank for more than two(2)years;
(2)Graduated from a junior college or with a higher education, and having served with a government agency or school, or an agricultural or financial organization or a farmers group in a position equivalent to delegated rank for more than four(4) years;
(3)Graduated from a senior high or senior vocational school, or qualified by a general civil service examination, and having served with a government agency or school, or an agricultural or financial organization or a farmers group in a position equivalent to delegated rank for more than six(6)years.
3. The new general manager of a farmers association at any level shall not be older than fifty-five(55)years in age at the time of appointment.
An incumbent general manager may be exempted from the aforementioned required qualifications. But if he/she who shall retire in one year according the restriction of age in the next tenure shall not register for the general manger.
If the candidates of general manager who qualified selected by the competent authorities at the central or municipal level be discovered that the candidates does not meet any requirements of Paragraph 1, the competent authorities at the central or municipal level shall revoke the qualification, and so shall be the appointment if appointed.
Before the provincial farmers association being merged into national farmers association, the requirements of register for the general manger of the provincial farmers association are the same with municipal farmers associations.
Article 25-2
One in the event of any of the following situations shall not register candidacy for appointment by a farmers association as general manager, and the registration shall be revoked or nullified if registered, and so shall be the appointment if appointed:
1. A non-ROC citizen;
2. Having repeatedly failed to return borrowed belongings of the farmers association or having left unpaid membership dues, business capital or agricultural extension funds, or having borrowed loans from a farmers association or any other financial organization since January 1, 2001, leaving a record of unpaid principal and interest for more than one(1)year, or having had outstanding debts overdue to a farmers association and failed to repay the debts for more than one(1)year after notification of the repayment.
3. Having run into any of the situations mentioned in the provisions of Clause 3-9 under Article 15-1;
4. Having run into any of the situations mentioned in the provisions of Clause 1 or 2 under Article 16;
5. Having been discharged from position due to conviction of a crime during the service as elected, appointed or employed staff of the farmers association;
6. Having been declared bankrupt within the past five(5)years while serving the position responsible for the bankrupt judicial person.
Article 25-3
The general manger of a farmers association shall file with the farmers association within ten(10)days starting from the date of appointment a letter of guaranty signed by at least two(2) guarantors possessing real estate, or an integrity insurance promising his or her honesty.
Quotas of the aforementioned real estate or insurance shall be established by the central-level competent authorities.
Article 26
The appointed or employed staff other than the general manager of a farmers association shall be appointed or employed by the general manager out of those qualified by the joint examinations of farmers associations and shall be subject to instruction and supervision by the general manager.
The aforementioned appointed or employed staff shall be qualified through the joint examinations and training courses held by the provincial or provincial(municipal)farmers association under the supervision and guidance of the central- level or municipal competent authorities. After provincial farmers association being merged into national farmers association, the examinations and training courses held by the national farmers association under the supervision and guidance of the central-level competent authorities.
Article 27
The general manager and other appointed or employed staff of a farmers association shall serve on a full-time basis and shall not concurrently run any other industrial or commercial business or serve any other salaried position for a public or private group or serve as elected deputies at any level. In case of running any election campaign and being elected for a government position, they shall be considered having resigned from the farmers association’s position as soon as they take the new office.
Article 27-1
The spouses or people with relationship closer than second-level blood relatives or first-level relatives through marriage shall not serve at the same time as the board chairman, standing supervisor or general manger at the same farmers association.
In the event of any of the aforementioned situations, those who are elected, appointed or employed shall have their election, appointment or employment considered null and void.