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

Print Time:2024/11/24 12:01
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Chapter Law Content

Title: Fishermen Associations Act CH
Category: Ministry of Agriculture(農業部)
Chapter IX Supervision
Article 44
In the event that any fishermen association neglects its duties, offends public interests, or oversteps the scope of its duties, the competent authority may issue a warming to it.
Article 45
In the event that any resolution adopted by a fishermen association violates any law or regulation, offends public interests, or oversteps its purpose or tasks, the competent authority may issue a warming again, or revoke the concerned resolution.
Article 46
In the event that a fishermen association oversteps its purpose or tasks in a significant manner, the competent authority may dismiss the association or revoke its registration.
A fishermen association shall be re-organized soon after being dismissed or its registration being revoked.
Article 47
Any action taken by a subordinate competent authority pursuant Article 45 or 46 shall be approved by its superior competent authority.
Article 48
In the case of a fishermen association neglecting its works or having any other major incident, if deemed necessary, the competent authority may, upon approval of its superior competent authority, suspend the powers of the member representatives, directors, and supervisors, and re-adjust the association. Once the re-adjustment is completed, the association shall conduct re-election immediately. Regulations governing the adjustment shall be prescribed by the central competent authority.
Article 49
In the event that any director, supervisor, or secretary general of a fishermen association violates any law or regulation or the charter, thus jeopardizing the interests of a fishermen association in a significant manner, the competent authority may suspend his/her power or discharge his/her position with the approval of its superior competent authority, or the superior competent authority may also take such action directly.
Article 49-1
Any elective personnel or employee of a fishermen association, who is detained or wanted for a criminal case, shall be suspended from his/her powers.
Any elective personnel or employee of a fishermen association sentenced to a final judgement of imprisonment or a more sever punishment shall be discharged from his/her position. Despite that, he/she who is pronounced with probation, or convicted with imprisonment for six months or under that may be commuted to a fine, shall be exempted from this provision.
Any elective personnel or employee of a fishermen association who, prior to the enforcement of this amended Article, has been suspended from his/her powers in accordance with the provisions before the amendment, shall be subject to the amended provisions.
For anyone that has been suspended from the powers in accordance with the provisions of paragraph 1, in the event that the detention is suspended or the wanted order is withdrawn, he/she may apply for resumption of the powers if his/her term has not expired.
Any elective personnel or employee of a fishermen association who loses his/her qualification to be elected or appointed during the service shall be discharged from the position by the competent authority or the superior competent authority.
Article 50
When a fishermen association is dismissed, the competent authority shall assign a liquidator empowered to exercise liquidation on behalf of the fishermen association.
When a fishermen association is declared bankrupt, depositors of the credit department shall be entitled to the priority of compensation for the assets of the credit department.
Article 50-1
Any person committing any of the following violations in an election of a fishermen association shall be subject to imprisonment of three years or under; in addition thereto, a fine of 90 thousand New Taiwan Dollars or under may be imposed:
(1)Any person having the right the right of suffrage demands, agrees to accept, or accepts property or other improper benefits for refraining from exercising his/her right of suffrage or to exercise such right in a particular manner.
(2)Any person promises, offers, or gives property or other improper benefits to a person who has the right of suffrage for refraining from exercising the right of suffrage or for exercising such right in a particular manner.
(3)Any person promises, offers, or gives property or other improper benefits to a candidate for abandoning the election campaign or for engaging in campaign in a particular manner.
(4)Any candidate demands, agrees to accept, or accepts property or other improper benefits for abandoning the election campaign or for engaging in campaign in a particular manner.
For any person committing the violations as referred to in the preceding paragraph, the property used in the commitment or in the preparation for the commitment, or derived from or acquired through the commitment shall be confiscated, regardless of the ownership.
Article 50-2
For any fishermen association to appoint a secretary general, in the event that any person commits any of the following violations from the date of candidacy registration for an election of directors, he/she shall be subject to imprisonment of three years or under; in addition thereto, a fine of 90 thousand New Taiwan Dollars or under may be imposed:
(1)Any director or director candidate demands, agrees to accept, or accepts property or other improper benefits for promising to appoint or not to appoint.
(2)Any person promises, offers, or gives property or other improper benefits to a director or director candidate for promising to appoint or not to appoint.
(3)Any person promises, offers, or gives property or other improper benefits to a qualified candidate for appointment as a secretary general for declining the appointment.
(4)Any qualified candidate for appointment as a secretary general demands, agrees to accept, or accepts property or other improper benefits for promising to decline the appointment.
Any person who prepares to commit any of the violations as referred to in the preceding paragraph shall be subject to imprisonment of one year or under.
For any person committing any of the violations as referred to in the preceding two paragraphs, the property used in the commitment or in the preparation for the commitment, or derived from or acquired through the commitment shall be confiscated, regardless of the ownership.
Article 50-3
Any person who by violence, coercion, or other illegal mean(s) interferes with another in an election campaign, causes another to abandon an election campaign, or interferes with another in the free exercises of his/her right of suffrage, shall be subject to imprisonment of five years or under; in addition thereto, a fine of 150 thousand New Taiwan Dollars or under may be imposed.
Any person who by violence, coercion, or other illegal mean(s) interferes with the registration, selection, or appointment of a secretary general shall be subject to the same punishment.
An attempt to commit any of the violations as referred to in the preceding two paragraphs shall be punishable.
Article 50-4
For any candidate who commits any of the violations as referred to in Article 50-1, paragraph 1 or Article 50-3, paragraph 1, his/her candidacy shall be revoked; if elected, the election shall be null and void.
For any qualified candidate for appointment as a secretary general who commits any of the violations as referred to in Article 50-2, paragraph 1 or Article 50-3, paragraph 2, his/her candidate qualification shall be abolished; if appointed, the appointment shall be null and void.
Any person who has committed any of the violations as referred to in Article 50-1, paragraph 1; Article 50-2, paragraph 1; or Article 50-3 shall not be a candidate for any election of a fishermen association or for the appointment as secretary general.
Any offender as referred to in the preceding three paragraphs that is under the circumstances as provided in the proviso of Article 49-1, paragraph 2 shall be exempted from the provisions of this Article.
Article 50-5
(Deleted)
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