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Chapter 5 Staff

Article 20
A fishermen association shall have directors and supervisors so as to form board of directors and supervisors respectively. The directors and supervisors shall be elected by the members (representatives) with the following allocated numbers:
(1) Nine (9) to fifteen (15) directors for each regional fishermen association.
(2) Fifteen (15) to twenty-one (21) directors for the National Fishermen Association.
(3) The number of supervisors shall not exceed one-third of the number of directors of the same fishermen association.
(4) A fishermen association shall have alternate directors and supervisors, which number shall not exceed one-second of the numbers of directors and supervisors respectively.
(5) At least two-third of a fishermen association’s directors and supervisors shall be members of category A.
(6) A chair of board of directors and a standing supervisor shall be elected by and from the directors and supervisors of the fishermen association respectively.
(7) A director or supervisor of the superior fishermen association shall not serve concurrently as a director or supervisor of a subordinate fishermen association.
Article 21
The candidates of directors or supervisors of a fishermen association shall be limited to members of the regional fishermen association. The candidates of directors or supervisors of the superior fishermen association are not limited to those representatives of the subordinate fishermen associations, participating in meetings of the superior fishermen association. The fishermen association shall conduct candidacy registration before the election of directors and supervisors. Any unregistered person shall not join the election campaign.
Article 21-1
Any member of fishermen association meeting the following requirements may register candidacy for election of directors or supervisors:
(1) Attaining membership for two years or more.
(2) Graduated from a junior high school, or graduated from an elementary school and served as director, supervisor, member representative, secretary general, chief or deputy chief of the fishermen task force for one (1) term or more.
(3) Having engaged in fisheries and meeting the qualifications set forth by the central competent authority.
The procedures for the identification and the screening of qualifications of directors and supervisors candidates as referred to in sub-paragraph (3) of the preceding paragraph for having engaged in fisheries, as well as other requirements to be complied, shall be prescribed by the central competent authority.
Article 21-2
A member of fishermen association with one of the following situations shall not register as a candidate for the election of director or supervisor; if registered or elected, it shall be revoked or nullified.
(1) Where a person has outstanding debts to a fishermen association, including barrowed belongings, unpaid membership dues, business capital, fisheries promotion fund; or having borrowed loans from a fishermen association or other financial organizations (since January 1, 2001), leaving a record of unpaid principal and interest for one (1) year or more; or, having unpaid overdue guaranteed liabilities to a fishermen association, and failed to discharge after notification for more than one year.
(2) Where a person has one of the situations as referred to in Article 16-1, sub-paragraph (2) to (8).
(3) Where a person has been discharged from position due to conviction of a crime during the service as an elected personnel or an employee of a fishermen association within the last four (4) years.
(4) Where a person was the legal representative of a bankrupted judicial person when declared within the last five (5) years.
Article 22
A director or supervisor of a fishermen association shall serve on a non-salaried basis and shall neither serve concurrently as an employee of a fishermen association, chief or deputy chief of a fishermen task force, or serve in any position of group or enterprise competing with the fishermen association, nor invest in and operate profit-seeking enterprise competing with the fishermen association.
Article 23
The tenure of a director or supervisor of a fishermen association is four (4) years, and he/she is eligible for one (1) re-election. Despite that, those who hold office consecutively shall not exceed one-second of the total number of directors and supervisors.
After the completion of re-election of directors and supervisors due to expiry of a term of tenure, the fishermen association shall submit the curriculum vitae of directors and supervisors, and the updated scroll of members to the competent authorities for perusal.
Article 23-1
The election of elected personnel of a fishermen association shall be held and completed at least thirty (30) days prior to expiry of tenure, or on the date designated by the competent authorities.
The elected personnel of a fishermen association shall take office on the specified date as required. The elected personnel resulting from a renewed or supplemental election, and those who somehow fail to complete election and take office by the required deadline, shall still have their tenure commencing from the specified date as required.
Upon the amendment of the Act on November 13, 2012 becoming effective, the tenure of the eighteenth term of elected personnel of the Kinmen Fishermen’s Association, who were elected in October 2012, shall expire in March 2017, and the tenure of the tenth term of elected personnel of the Kaohsiung Fishermen’s Association, who were elected in August 2012, shall expire in March 2017.
Article 24
A fishermen task force shall have one chief and one deputy chief, who shall be elected by members with tenure of four (4) years and are eligible for re-election. In the chief’s absence, the deputy chief shall take the office until the tenure of the original chief expires.
A member of fishermen association, who attains membership for six (6) months or more, may register as a candidate for chief or deputy chief of the fishermen task force. Despite that, any person has any situation as referred to in Article 16-1, may not register; if he/she is registered, the registration shall be revoked or nullified.
The registration for the election of chief or deputy chief of the fishermen task force shall be convened prior to the election, and any person shall not join the election campaign without registration.
Article 24-1
When a fishermen association holds two or more elections for the position of elected personnel simultaneously, any person who registers as a candidate, can only register his/her candidacy for one election, and those candidacy registration for two or more elections simultaneously shall be null and void. Any registered candidate may not withdraw his/her candidacy registration after the deadline for registration is due. Any person withdrawing his/her candidacy registration prior to the deadline for registration, shall not re-apply for the same candidacy registration.
Article 25
Any elected personnel of a fishermen association, who violated laws and regulations or the charter, or committed any behavior that jeopardized rights, interests, or reputation of the fishermen association, may be recalled by the resolution of general members (representatives) meeting.
Article 26
A fishermen association shall place one secretary general, who shall be appointed by the board of directors from the qualified candidates selected by the central or municipal competent authority.
The appointment of a secretary general shall be made within sixty (60) days after the establishment of a new board of directors. In the event that a secretary general has not been appointed by deadline, the superior fishermen association may appoint a qualified person to act in place. The secretary general of the national fishermen association or provincial (municipal) fishermen association may be appointed from qualified person by the central competent authority to act in place, until a new secretary general is duly appointed.
The appointment of a secretary general of a fishermen association shall be made in resolution adopted by one-second or more of the total directors, while the discharge shall be made in resolution adopted by two-third or more of the total directors.
Article 26-1
A national of the Republic of China meeting the following requirements may register as a candidate for the secretary general of a fishermen association:
(1) The secretary general of the National Fishermen Association shall have one of the following qualifications:
i. Graduated from a university, independent college or with a higher education degree, or qualified by a senior civil service examination, and having served with a fisheries or fisheries related agency, school, financial organization, or fishermen organization in a position equivalent to recommended appointment for three (3) years or more.
ii. Graduated from a junior college or with a higher education degree, and having served with a fisheries or fisheries related agency, school, financial organization, or fishermen organization in a position equivalent to recommended appointment for five (5) years or more.
iii. Graduated from a senior high or senior vocational school, or qualified by a general civil service examination, and having served with a fisheries or fisheries related agency, school, financial organization, or fishermen organization in a position equivalent to recommended appointment for seven (7) years or more.
(2) A secretary general of a regional fishermen association shall have one of the following qualifications:
i. Graduated from a university, independent college or with a higher education degree, or qualified by a senior civil service examination, and having served with a fisheries or fisheries related agency, school, financial organization, or fishermen organization in a position equivalent to ordinary appointment for two (2) years or more.
ii. Graduated from a junior college or with a higher education degree, and having served with a fisheries or fisheries related agency, school, financial organization, or fishermen organization in a position equivalent to ordinary appointment for four (4) years or more.
iii. Graduated from a senior high or senior vocational school, or qualified by a general civil service examination, and having served with a fisheries or fisheries related agency, school, financial organization, or fishermen organization in a position equivalent to ordinary appointment for six (6) years or more.
(3) Any new secretary general of a fishermen association at any level shall not be older than fifty-five (55) years old at the time of appointment.
An incumbent secretary general may be exempted from the requirements of preceding paragraph. Despite that, any person who shall retire within one year of next tenure due to the restriction of age, shall not register as a candidate for the secretary general.
After qualified by the central competent authority, in case that any candidate for secretary general was found not meeting any of the requirements as stipulated in paragraph 1 before the appointment, the central competent authority shall revoke his/her qualification, and so shall be the appointment if appointed.
Article 26-2
A person with one of the following situations shall not register as a candidate for secretary general of a fishermen association; if registered or appointed, it shall be revoked or nullified.
(1) Where a person does not have the nationality of the Republic of China.
(2) Where a person has outstanding debts to the fishermen association, including barrowed belongings, unpaid membership dues, business capital, fisheries promoting fund; or having borrowed loans form fishermen association or other financial organizations (since January 1, 2001), leaving a record of unpaid principal and interest for one (1) year or more; or, having unpaid overdue guaranteed liabilities to a fishermen association, and failed to discharge after notification for more than one year.
(3) Where a person has one of the situations as referred to in Article 16-1, sub-paragraph (3) to (8).
(4) Where a person has one of the situations as referred to in Article 17, sub-paragraph (1) to (3) of.
(5) Where a person has been discharged from position due to conviction of a crime during the service as an elected personnel or an employee of a fishermen association.
(6) Where a person was the legal representative of a bankrupted judicial person when declared within the last five (5) years.
Article 26-3
The secretary general of a fishermen association shall, within ten (10) days of his/her appointment, submit a letter of guaranty signed by at least two (2) guarantors in possession of real estate, or a fidelity bond insurance policy, to the fishermen association for guarantee. The amount of real estate or insurance as referred to in the preceding paragraph shall be prescribed by the central competent authority.
Article 27
The employees other than the secretary general of a fishermen association shall be recruited by the secretary general from those qualified by the joint examinations of fishermen associations, and shall be subject to instruction and supervision by the secretary general.
The employees as referred to in the preceding paragraph shall be examined and trained jointly by the National Fishermen Association under the supervision of the central competent authority.
Article 28
(Deleted)
Article 29
The secretary general and other employees of a fishermen association shall serve on a full-time basis, and shall not concurrently operate any other industrial or commercial business, or serve any other salaried position for a public or private organization, or serve as legislator/councilor at any level. If any aforementioned staff runs election campaign and being elected as public servant, the inauguration to public servant shall be considered as resignation from the fishermen association, and the person concerned shall be dismissed.
Article 29-1
The spouses, relatives by blood within two generations or relatives by marriage within one generation, shall not serve at the same time as the chair of board of directors, standing supervisor or secretary general at the same fishermen association. In the event of any of the situations as referred to in the preceding paragraph, the election, appointment or employment of the latter one shall be null and void.