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Chapter Law Content

Title: The Farmers Association Act CH
Category: Ministry of Agriculture(農業部)
Chapter IX Supervision
Article 41
A farmers association may receive a warning from the competent authorities in the event of neglecting duties, offending public interests or trespassing powers.
Article 42
The competent authorities may issue an order to revoke any resolution adopted by a farmers association which is found violating Acts, offending public interests or trespassing the association’s purposes and duties.
Article 43
The competent authorities may disband a farmers association or abolish its registration in case the association is found violating its purposes or duties in a gross offense.
A farmers association shall be re-organized soon after the association is disbanded or its registration is abolished.
Article 44
The lower-level competent authorities shall consult the superior competent authorities for approval in the event of taking any action provided under Article 42 and Article 43.
Article 45
When a farmers association is found in mismanagement, serious losses or in other major faults, the competent authorities may suspend and then re-adjust the powers of the association’s member representatives, board directors or supervisors if such suspension and re-adjustment, subject to approval from the central-level competent authorities, is considered necessary. An order for elections of new personnel in this regard shall be issued soon after completion of the re-adjustment.
Article 46
In case a farmers association’s board directors, supervisors or general manager is found violating Acts or the charter of organization and thus critically damaging the farmers association, the competent authorities may, subject to approval from the superior competent authorities, suspend their powers or discharge them from the positions while the suspension or discharge may also be enforced directly by the superior competent authorities.
Article 46-1
Any elected, appointed or employed staffer of a farmers association who is detained or wanted in a criminal case shall be suspended from his or her power.
Any elected, appointed or employed staffer of a farmers association who is sentenced to imprisonment or a more serious penalty on the second trial shall be discharged from his or her position, but those who are reprieved or sentenced to less than six(6)months in prison with the imprisonment which may be alternatively converted into a fine shall be excluded from this ruling.
Any elected, appointed or employed staffer of a farmers association who, prior to enforcement of this revised Article, has been suspended from his or her power in accordance with the ruling provided prior to the revision of this Article, shall be applicable to the provisions of the newly revised version.
Those who have been suspended from the powers in accordance with the provisions under Paragraph 1 may apply for resumption of their powers prior to expiry of their tenure of office as soon as they are no longer detained or wanted.
Any elected, appointed or employed staffer of a farmers association who loses his or her eligibility for the election or appointment candidacy during the service shall be discharged from the position by the competent authorities or the superior competent authorities.
Article 47
When a farmers association is disbanded, the competent authorities shall assign a liquidator empowered to exercise liquidation on behalf of the farmers association.
When a farmers 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 47-1
One who is found committing any of the following behaviors in an election of a farmers association shall be subject to imprisonment of up to three(3) years and, in addition thereto, may be imposed a fine of up to ninety-thousand(90,000)New Taiwan Dollars:
1. One who has the right of election and demands, agrees upon with a tacit accord or accepts properties or other unjustifiable interests in exchange of not electing or acting otherwise;
2. One who demands those having the right of election not to elect or to act otherwise by promising with a tacit accord or delivering properties or other unjustifiable interests;
3. One who demands a candidate to give up election campaign or hold certain campaign activities by promising with a tacit accord or delivering properties or other unjustifiable interests;
4. A candidate who demands, agrees upon with a tacit accord or accepts properties or other unjustifiable interests in exchange of giving up election campaign or holding certain campaign activities.
In case of any aforementioned crime committed, 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 47-2
One who is found committing any of the following behaviors in appointment of the general manager of a farmers association starting from the date for the candidacy registration for elections of board directors shall be subject to imprisonment of up to three(3)years and, in addition thereto, may be imposed a fine of up to ninety-thousand(90,000)New Taiwan Dollars:
1. A board director or candidate who demands, agrees upon with a tacit accord or accepts properties or other unjustifiable interests in exchange of promising to appoint or not to appoint some hopeful;
2. One who demands any board director or candidate to appoint or not to appoint some hopeful by promising with a tacit accord or delivering properties or other unjustifiable interests;
3. One who demands any qualified candidate for appointment as the general manager to give up the acceptance of appointment by promising with a tacit accord or delivering properties or other unjustifiable interests;
4. A qualified candidate for appointment as general manger who promises to give up the acceptance of appointment by demanding, agreeing upon with a tacit accord or accepting properties or other unjustifiable interests.
One who is found planning to commit any aforementioned crime shall be subject to imprisonment of up to one(1)year.
For one who is found committing any crime mentioned in Section 1 or Section 2 under this Article, 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 47-3
One who is found using violence, intimidation or other unlawful ways to hinder another from campaigning for an election or force another to give up election campaign or obstruct others from freely exercising the right of election shall be subject to imprisonment of up to five(5)years and, in addition hereto, may be imposed a fine of up to one-hundred-fifty-thousand(150,000)New Taiwan Dollars.
The same penalty may be imposed on one who is found using violence, intimidation or other unlawful ways to hinder the registration, selection and appointment of a general manager.
Any attempt to commit an offense as mentioned above shall be subject to punishment.
Article 47-4
Any candidate who is found committing any crime as mentioned in Section 1 under Article 47-1 or Section 1 under Article 47-3 shall be abolished his or her candidacy; the election shall be considered null and void if elected.
A qualified candidate for appointment as general manger who is found committing any crime as mentioned in Section 1 under Article 47-2 or in Section 2 under Article 47-3 shall be abolished his or her candidacy for appointment; the appointment shall be considered null and void if appointed.
One who once committed any crime as mentioned in Section 1 under Article 47-1 or Section 2 under Article 47-2 or any crime as mentioned in Article 47-3 shall not be allowed to become a candidate for any election of a farmers association or for the appointment as general manager.
An offender as mentioned above shall be excluded from the rulings under this Article in case of the condition for exclusion as provided in Section 2 under Article 46-1.
Article 47-5
A farmers association which handles affairs of the credit department and is found violating the rules and regulations related to forcible or forbidding measures or found failing to conduct a certain required behavior as provided in an order authorized in accordance with this Act by the central-level target-business competent authorities shall be imposed a fine of between six-hundred-thousand New Taiwan Dollars(NT$600,000)and three million New Taiwan Dollars(NT$3,000,000)by the central- level target-business competent authorities.