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Title: The Fishermen Association Act CH
Category: Ministry of Agriculture(農業部)
Chapter 9 Supervision
Article 44
In the event that any fishermen association neglects its duties, offends public interests or trespasses the scope of its duties, the competent authorities may issue a warming to it.
Article 45
In the event that any of the resolution adopted by a fishermen association violates laws and regulations, offends public interests or trespasses its tenets or duties, the competent authorities may issue a warming again, or revoke its resolution.
Article 46
In the event that a fishermen association trespasses its tenets or duties in a significant manner, the competent authorities may dismiss the association or abolish its registration. A fishermen association shall be re-organized soon after being dismissed or its registration being abolished.
Article 47
Any action taken by the subordinate competent authority pursuant Article 45 or 46 shall be approved by the superior competent authority.
Article 48
In the event of a fishermen association neglecting its works or having any other major incident, if deemed necessary, the competent authority may, upon approval of the 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 pursuant to the rules and regulations prescribed by the central competent authority.
Article 49
In the event that any director, supervisor or secretary general of a fishermen association is found violating laws and regulations or the charter and thus jeopardized the interests of the association, the competent authority may suspend his/her power or discharge his/her position with the approval of superior competent authority, or the superior competent authority may also take such action directly.
Article 49-1
Any elected personnel or employee of a fishermen association, who has been detained or issued a circular order to arrest for a criminal case, shall be suspended from his/her powers.
Any elected personnel or employee of a fishermen association convicted with imprisonment or more shall be discharged from his/her position. Despite that, those who has been pronounced with probation, or has been convicted with imprisonment for six (6) months and under that may be commuted to a fine, shall be exempted from this provision.
Any elected personnel or employee of a fishermen association who, prior to enforcement of this revised Article, has been suspended from his/her powers in accordance with the pre-revised provisions, shall be applicable to the provisions of the newly revised version.
Those who have been suspended from the powers in accordance with the provisions of paragraph 1, in the event that the detention has been suspended or the circular to arrest has been cancelled, may apply for resumption of their powers if their tenures of office have not expired.
Any elected 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 authorities or the superior competent authorities.
Article 50
When a fishermen association is dismissed, the competent authorities shall assign a liquidator empowered to exercise liquidation on behalf of the fishermen association. When a fishermen association is declared bankrupt, the depositors of the credit department shall be entitled to take priority in making a claim to the assets of the credit department as compensation.
Article 50-1
Any person committing any of the following behaviors in a election of a fishermen association shall be subject to imprisonment of three (3) years and under; in addition thereto, a fine of 90 thousand New Taiwan dollars and under may be imposed:
(1) Any person having the right to vote demands, agrees to accept, or accepts property or other improper benefits for refraining from exercising his right to vote or for exercising such right in a particular manner
(2) Any person promises, offers, or gives property or other improper benefits to a person having the right to vote for refraining from exercising the right to vote 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 giving up 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 giving up the election campaign or for engaging in campaign in a particular manner.
For any person committing the behaviors as stipulated 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
Any person committing any of the following behaviors in the appointment of the secretary general of a fishermen association starting from the date for the candidacy registration for election of directors shall be subject to imprisonment of three (3) years and under; in addition thereto, a fine of 90 thousand New Taiwan dollars 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 secretary general for declining the appointment.
(4) Any qualified candidate for appointment as 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 an offense specified in the preceding paragraph shall be subject to imprisonment of one (1) year and under.
Any person who has committed an offense specified 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 threat, violence or other illegal methods interferes with another in election campaign, causes another to give up election campaign, or interferes with another in the free exercises of his/her right to vote, shall be subject to imprisonment of five (5) years and under; in addition thereto, a fine of 150 thousand and under New Taiwan dollars may be imposed.
Any person who by threat, violence, or other illegal methods interferes with the registration, selection or appointment of a secretary general shall be subject to the same punishment.
An attempt to commit an offense specified in the preceding two paragraphs is punishable.
Article 50-4
Any candidate who committed any crime as referred to in Article 50-1, paragraph 1 or paragraph 1 of the preceding Article shall be abolished his/her candidacy; if elected, the election shall be null and void.
Any qualified candidate for appointment as a secretary general who committed any crime as referred to in Article 50-2, paragraph 1 of or paragraph 2 of the preceding Article shall be abolished his/her qualification of candidate; if appointed, the appointment shall be null and void.
Any person who has committed any crime as referred to in Article 50-1, paragraph 1, Article 50-2, paragraph 1, or Article 50-3 shall not be allowed to 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 with the proviso as referred to in Article 49-1, paragraph 2 shall be exempted from the provisions of this Article.
Article 50-5
(Deleted)