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Chapter Law Content

Title: The Farmers Association Act CH
Category: Ministry of Agriculture(農業部)
Chapter IV Members
Article 12
An ROC citizen attaining majority and residing in the organizational district of a farmers association, after passing the qualification screening, may join the base-level farmers association of that organizational district as a member if he or she is actually engaged in farming and meet any of the following requirements:
1. An owner-farmer;
2. A tenant farmer;
3. One graduated from an agricultural school or having written or invented agriculture-related works while currently engaging in agricultural extension affairs;
4. An employee currently serving with a lawfully registered farm, forest or pastureland and actually engaging in farming.
For those who meet any of the aforementioned requirements and wish to apply for the membership of a farmers association, the central-level competent authorities shall establish measures to regulate the certification of qualified members, required application documents, screening procedures as well as other matters concerned in this regard.
Employed farmers who joined the membership of a farmers association before January 20,2001 this revised Act comes into force may keep their membership if they still stay as farming workers.
Any farmers association member who has joined the membership for less than six (6)months is not entitled by this Act to elect or to be elected.
Article 13
An ROC citizen attaining majority and residing in the organizational district of a farmers association but not meeting any of the requirements provided by the aforementioned Article may join a farmers association as a sponsoring member.
All lawfully registered agricultural cooperative organizations, companies, business establishments and factories may join a local farmers association as a group sponsoring member.
An individual or group sponsoring member are not entitled to elect or to be elected in any election held under this Act other than being elected a supervisor, but may enjoy all other rights same as a member.
Article 14
Each farm household may have only one(1)membership of a farmers association.
Article 15
A superior farmers association takes the subordinate farmers associations as members. The representatives of a subordinate farmers association to join the superior farmers association shall be elected in the general meeting of the subordinate farmers association members(representatives), with the number of due representatives to be determined by the competent authorities.
The board chairman of a subordinate farmers association is an ex officio deputy of its superior farmers association’s general meeting of member representatives.
Of the member representatives of farmers associations at all levels, at least two-thirds(2/3)shall be owner-farmers, tenant farmers and employed farmers.
A member representative has a four-year(4)tenure of office and is eligible for re-election.
A member representative shall not concurrently serve as chief or deputy chief of a farming task force, or an appointed or employed staffer of the farmers association.
The member representatives of a farmers association at any level shall register their candidacy prior to any election and shall not join any election campaign until registered.
Article 15-1
A farmers association member having held membership for more than six (6)months may be registered as a candidate for member representative. A representative found running into any of the following situations shall not be entitled to such registration; if registered, the registration shall be revoked or nullified:
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 had outstanding debts of any other nature overdue to the farmers association;
2. In the event of any situation provided under Article 18;
3. Having committed any crime involving rebellion or foreign intrusion, convicted after the end of the period of mobilization for the suppression of Communist rebellion;
4. Convicted to any public security penalty of forced labor or reformatory penalty on rascals, with the penalty to be enforced, or enforced but not completed, or completed within the past five (5)years, including those convicted to a public security penalty of any other nature, with the penalty to be enforced or enforced but not completed;
5. Having offended the Criminal Code or its special law involving corruption, or committed any crime involving the Organized Crime Control Act, with the irregularities convicted;
6. Having offended the Criminal Code or its special law involving such crimes as vote-buying, bribe-taking, interfering with balloting, campaign irregularities or monopolizing vote-buying, or abusing official duties as chances or means to commit such crimes as misappropriation, fraud, breach of faith or forgery of documents, and convicted of the crime and sentenced to a penal servitude for a definite period. Despite that, those who are reprieved or have completed the sentence converted into a fine are excluded from this ruling;
7. Having committed a crime other than those mentioned above in the last four (4)clauses, and convicted of the crime and sentenced to a penal servitude for a definite period while the penalty is pending enforcement or enforced but not completed. Despite that, those who are reprieved or sentenced to less than six(6)months in prison with the sentence which may be alternatively converted into a fine are excluded from this ruling;
8. Users of negotiable instruments already denied service due to bad credit standing while the denial is still pending expiration;
9. Having been deprived of civil rights which have not been restored.
Article 16
One shall not join a farmers association as a member in the event of any of the following situations:
1. Having been declared bankrupt and not yet restored related rights;
2. Having been become subject to the order of the commencement of guardianship not yet revoked;
3. Having been dismissed as a penalty under this Act.
Article 17
A farmers association member found committing any behavior in violation of this Act or failing to honor the charter of organization or the resolutions adopted in any association general meeting, resulting in direct jeopardy to the farmers association in a gross offense, shall be dismissed from membership.
Article 18
A farmers association member shall withdraw membership in the event of any of the following situations:
l. Dead;
2. Having run into any of the situations mentioned in the provisions of Clause 1 or 2 under Article 16;
3. Forfeiting the ROC citizenship;
4. Relocating out of the organizational district of the original farmers association;
5. Dismissed.