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Chapter Law Content

Chapter IV, Members and Organization
Article 14
Those who meet any one of the following qualifications within the Irrigation Association's operation districts, shall become a member:
1.Supervising authorities of any public arable, or any representative from such agencies;
2.Owner or proprietor of any public arable;
3.Lessee or permanent tenants of any public, or private arable;
4.Other beneficiaries.
If owner, proprietor, lessee, permanent tenant or beneficiary mentioned in Clause 2 to 4 is a juridical person, his or her supervisor, or representative, shall instead be the member.
Article 15
Members of the Irrigation Association are entitled to irrigation and drainage facilities, and rights stipulated in pertinent statutes and organization constitutions. Members are required to pay membership fees, and be responsible for duties stipulated in pertinent statutes and organization constitutions.
If members fail to fulfill duties required of them,the Irrigation Association shall report to supervising authorities for an approval to suspend one, or all of the rights enjoyed by members.
Should damage occurs to members as a result of the Irrigation Association's violations of certain statutes, or other inappropriate acts of the associations, members shall ask for indemnity incurred from the damage.
Article 15-1
Any member of the Irrigation Association meeting the following requirements may have the right to elect or recall president and advisory committee:
1.Members of natural persons reaching 20 years of age;
2.Continuous membership for not less than 6 months;
3.Total farmland which are entitled to irrigation or drainage facilities shall be not less than 0.01 ha.
Clause 3 aforementioned computing land area in accordance with land register of land office in 60 days before the voting day. If land register do not indicate the ratio of land rights, divided by the number of owner.
Supervising authorities may provide cadastral data and census data to Irrigation Association. Both data above shall be made in accordance with the provisions of the Personal Information Protection Act.
Regulations for membership qualification and member Information correction in Irrigation Association shall be promulgated by supervising authorities.
Article 16
The Irrigation Association shall have 15 to 33 advisory committee. Number of advisory committee would be determined by irrigation or drainage farmland area. The advisory committee are elected through regional election by the members mentioned in the preceding Article 15-1. The advisory committee shall receive no remuneration, but would be reimbursed with transportation fares and postal fees. Standards of transportation fares and postal fees for the advisory committee shall be promulgated by supervising authorities.
The advisory committee meets every six months. Extraordinary sessions can be held if more than one-third of the committee have asked for one, or when the president of the association deems one necessary. The president shall convene such sessions, and notify supervising authorities for reference beforehand.
When the advisory committee convenes, committee in attendance shall elect a chairman to preside over the meeting. Rules of procedure for the advisory committee shall be promulgated by supervising authorities.
Article 17
Members mentioned in the preceding Article 15-1 reaching 23 years of age, who has been a member for more than one year, may be registered as a candidate for advisory committee of the Irrigation Association.
Advisory committee has a four-year tenure of office and is eligible for re-election. Regulations of election and recall for the advisory committee of the Irrigation Association shall be promulgated by supervising authorities.
Article 18
The authorities of advisory committee include the following:
1.To deliberate on organization constitutions and items germane to membership rights and obligations;
2.To deliberate on project modus operandi;
3.To deliberate on the handling of immovable property, and determine encumbrance or leases that extend for more than 10 years;
4.To deliberate on loans and donation programs;
5.To deliberate on annual budgets and financial statements;
6.To deliberate on propositions by the president and advisory committee;
7.To resolve on petitions by members;
8.Other authorities to be exercised as stipulated by laws.
The exercise of authorities in aforementioned items would be implemented in the form of meetings and conferences. For resolutions and motions in Clause 1 to 6 shall be implemented upon notifying authorities.
If the exercise of aforementioned authorities is met with controversies or challenges, such supervising authorities shall be notified for follow-up resolutions.
In regard to budgets, advisory committee shall not make resolutions for extra outlay.
Article 19
The president shall manage all affairs of the Irrigation Association internally, and represent the Irrigation Association externally.
The president is elected by the members mentioned in the preceding Article 15-1 through direct voting.
Article 19-1
Members mentioned in the preceding Article 15-1 reaching 30 years of age, who has been a member for more than one year, and with one of the following qualifications, may be registered as a candidate for president of the Irrigation Association:
1.With a diploma issued by any high school certified by official education institutions, or, with a certificate proving the passing of civil examination; and those who have more than 8 years of experience in administrative work, water conservancy, civil engineering, and agriculture;
2.Those who have served as president, or general manager for over 4 years, and class 1 supervisor for 6 years for the Irrigation Association.
Regulations of election and recall for the president of the Irrigation Association shall be promulgated by supervising authorities.
Article 19-2
For members with one of the following account of wrongdoing, they shall not registered as a candidate for president or advisory committee of the Irrigation Association:
1.Those whose rights have been suspended and not yet been reinstated;
2.Those who have been deprived of their civil rights and not yet been reinstated;
3.Those convicted of treachery and espionage works;
4.Those convicted of fraud, embezzlement, breach of secrecy, and grafts;
5.Having offended the Criminal Code involving such crimes as vote-buying, bribe-taking, interfering with balloting, campaign irregularities or monopolizing vote-buying, with the irregularities convicted;
6.One who once committed any crime as mentioned in Paragraph 1 of Article 38-1 or Article 38-2, with the irregularities convicted;
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.Convicted to any public security penalty of forced labor, 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. Despite that, those who are reprieved and convicted under probation/parole supervision are excluded from this ruling;
9.Having been discharged from president or advisory committee of the Irrigation Association.
If the public notice of election has been issued before April 20, 2010, the aforementioned provisions prior to the amendment shall apply.
Article 20
The president has a four-year tenure of office and is eligible for one re-election.
Article 21
If the president falls vacant, the general manager shall serve as acting president. Starting from the acting president's first day, a bi-election for president shall be held within 60 days. The new president shall remain in office until former president's term expires. But if former president has less than one year of term in office remaining, no bi-election shall be held to elect a new president.
Article 22
The Irrigation Association's organization and institution, the appointment of employees on various levels, their wages, and management would be reviewed and approved by supervising authorities.
Article 23
The president and full-time staffs on various levels of the Irrigation Association would be considered civil servants, as interpreted by penal code; they shall not serve in other public positions.
The president and full-time staffs on various levels of the Irrigation Association have obey the Administrative Neutrality Act to execute their duties under the government policy. If anyone violates the regulation, he or she will be judged by the related regulations and law.