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法規名稱(Title) The Act of Irrigation Association Organization Ch
公發布日(Date) 2012.01.30
法規沿革(Legislative) 1.Promulgated on July 2, 1965.
2.Amendment to Articles 11, 16, 17, 19, 20, 26, 35, 37 promulgated
on February 9, 1970.
3.Amendment to Articles 16, 19, 20, 25 promulgated on December 17, 1980.
4.Amendment to Article 23 promulgated on August 2, 1991.
5.Amendment to Articles 1, 4, 9, 13, 15~22, 35, 37~39 and addition
of Article 39-1 promulgated on February 3, 1993.
6.Amendment to Article 39-1 promulgated on November 8, 1995.
7.Amendment to all Articles promulgated on May 17, 2000.
8.Amendment to Articles 4, 16, 17, 19~22, 24, 25, 37, 39 and addition of
Articles 19-1, 19-2 and deletion of Article 39-1 promulgated on June
20, 2001.
9.Amendment to Articles 23, 37, 41 promulgated on January 13, 2010.
10.Amendment to Articles 19-2 and addition of Articles 38-1, 38-2 promulgated
on April 30, 2010.
11.Amendment to Articles 4~9, 11, 15~18, 19-1, 22, 27, 29, 32~37,39 promulgated
on January 30, 2012.
法規內文(Content)

Chapter I, General Provisions
 
Article 1
  The irrigation association's objective is to promote farmland irrigation operations on behalf of the central government.
  The Irrigation Association is a Public Juridical Person.
 


Article 2
  Statutes stipulated in General Principles serve as guidelines to organizational structures and pertinent details of the irrigation associations; for those not specified in the General Principles, statutes of other pertinent decrees shall apply.


 
Article 3
  Regional irrigation association uniformly adopts designations of that specific region, or names of that specific region's reservoirs and canals.


 
Article 4
  Supervising authorities referred to in the General Principles: the Council of Agriculture under the Executive Yuan.


 
Chapter II, Regions and Establishments
 
Article 5
  In regard to irrigation association's operation districts, supervising authorities shall establish such operation districts based on river area, their specific geographic makeup and economic returns.


 
Article 6
  The establishment of Irrigation Association is conducted according to the following:
  1.The institution of local irrigation association can be initiated by a
    collective of 50 members or above, with qualifications specified in
    Article 14, Item 1. The applicants shall report to supervising 
    authorities for approbation.
  2.The establishments of local operations deemed necessary by
    supervising authorities.


 
Article 7   
  For preparations and arrangements of irrigation associations, they shall be organized by initiator's preparation agencies. They shall receive consultations from supervising authorities.
 


Article 8
  Irrigation association's preparation agencies shall put forth application forms, an organization constitution outline, operation's topography map, project modus operandi, budget outline and a roster of qualified members from such specific operation districts, and a letter of authorization bearing signatures of more than half of the qualified members. They shall file an operation application with supervising authorities.
 


Article 9
  For those within administrations, upon the establishment of irrigation associations, when encountering a change of force majeure in the natural environment, or, if there has been modifications on water resource planning, supervising authorities shall, in accordance with their authority of office, or with an application with Irrigation Association, determine whether mergers, divisions, modifications or revocations are necessary for specific regional farmland irrigation associations or operation districts.
Aforementioned applications for such actions require a resolution by association meeting affairs committee, and a letter of authorization bearing signatures of more than half of the members.
 


Chapter III, Missions and Rights
 
Article 10
  Missions of Irrigation Associations are stipulated in the following:
  1.The initiation, improvement, maintenance, and management of
    farmland irrigation operations.
  2.Precautionary and rescue measures in the event of disasters and
    threats on farmland irrigation association operations.
  3.The raising of expenditure and institution of funds for farmland irrigation
    operations.
  4.Research and development projects for the interests of farmland
    irrigation operations.
  5.The collaboration with central government over land, agricultural, and
    industrial policies, and rural village development programs.
  6.Affairs and projects consigned by supervising authorities.


 
Article 11
  In regard to construction lots necessary for the establishment or improvement of irrigation facilities, farmland irrigation associations shall lease, or buy, from land owner or other encumbrancers; if both parties fail to reach an agreement, associations shall ask supervising authorities to collect the lots in conformity with the law. If the lots are publicly owned, the association shall apply for a lease or purchase plan.
For lots originally used for irrigation projects, they shall be put to use as of old. During such periods, land taxes on the lots shall be exempted. 
 


Article 12
  Irrigation association shall proceed with any measurement and investigation project for the purpose of establishing irrigation facilities. If, during such, measurement and investigation projects require the removal of any obstacles, the association shall notify local county (or municipal) administrations, informing land owners or occupants for removal of the obstacles.
Should accidents result from the aforementioned obstacle removal, land owners or occupants shall ask for indemnity. Supervising authorities shall mediate disagreements should there be any controversies.
 


Article 13
 Irrigation associations shall report to supervising irrigation authorities to handle any mishaps in accordance with Irrigation Decree, Article 76, and detailed prescriptions in the event of floods, draughts, or natural disasters. 
 


Chapter IV, Members and Organization
 
Article 14
  Those who meet any one of the following qualifications within any 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 item B, C, D is a juridical person, his or her supervisor, or representative, shall instead be the member.
 


Article 15
  Members from each irrigation associations 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 farmland 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 irrigation associations' violations of certain statutes, or other inappropriate acts of the associations, members shall ask for indemnity incurred from the damage.
 


Article 16
  Irrigation Association shall institute meeting affairs committee, staffed with 15 to 33 commissioners; commissioner quota would be determined by each irrigation association according to irrigation drainage size in each operation districts.  The commissioners are elected through regional election by the membership body; these commissioner’s receive no wages, but would be reimbursed with transportation fares, and postage.  Standards for the commissioner’s transportation fares and postage of the Irrigation Association shall be promulgated by supervising authorities.
Meeting commission meets every six months. Extraordinary sessions can be held if more than one-third of the commissioners 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 meeting affairs committee convenes, commissioners in attendance shall elect a chairman to preside over the meeting. Regulations for meeting affairs commissioner’s meeting agendas of the Irrigation Association shall be promulgated by supervising authorities.



Article 17
 Members at the 23 years of age or above, who has been a member for over a year, can register as candidate for meeting affairs commissioner's post.
For those who have been meeting affairs commissioners for four years, they shall run for re-election.  Regulations for meeting affairs commissioner’s election and recall of the Irrigation Association shall be promulgated by supervising authorities.


 
Article 18
 See meeting affairs commissioners' authority of office in the following:
  1.To review organization constitutions and items germane to
    membership rights and obligations.
  2.To resolve 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 review budgets and final expenditure.
  6.To resolve on propositions by the president and meeting affairs
    commissioners.
  7.To deliberate 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 Item 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, meeting affairs commissioners shall not make resolutions for extra outlay. 


 
Article 19
 A president shall be elected to head the farmland irrigation association, to oversee miscellaneous affairs in accordance with statutes and organization constitutions, and to supervise subordinates and operation agencies. The president serves to represent the association.
 


Article 19-1
 For members over the age of 30, with membership for over a year, and with one of the following qualifications, they shall run for association presidency; the president is elected by the entire membership body through direct voting. 
  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 10
    years of experience in administrative work, water conservancy,
    civil engineering, and agriculture with an excellent performance
    record.
  2.Those who have served as president, or general manager for over
    4 years, and class 1 supervisor for 6 years for any irrigation
    association with an excellent performance record.
Regulations for presidential election and recall 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 register for candidacy for president or meeting affairs commissioner:
  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 Section 1
    under 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 presidents or meeting affairs
    commissioners of irrigation associations.
  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 term of office; he is entitled to another term if winning re-election.


 
Article 21
 If presidency 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  
  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 
 President and full-time staffs on various levels of the irrigation associations would be considered civil servants, as interpreted by penal code; they shall not serve in other public positions.



Chapter V, Overheads
 
Article 24
 The overheads of irrigation associations are supplemented with the following sources:
  1.Membership dues
  2.Operation revenue
  3.Financial earnings
  4.Government subsidies
  5.Donations and grants
  6.Income from other legal sources as stipulated by pertinent statutes.
Earnings accrued from aforementioned sources are exempted from business and income taxes.
 


Article 25
  Irrigation association membership dues shall be collected from members who enjoy financial benefits from irrigation or drainage systems.
For members who request to increase either the irrigation water volume, or the benefit from drainage irrigation, their membership dues shall increase accordingly based on their earnings.
For membership dues that have not been levied for 5 years since the first day of their scheduled collection, they shall not be collected. However, for cases in which dues that have been reassigned to compulsory collection, but have not been concluded, this article does not apply.
Before collection of membership dues is completed, the government shall earmark budgets to subsidize irrigation associations.
 


Article 26
 Irrigation associations shall collect construction fees from members who directly benefit from water conservancy construction programs approved, or designated by supervising authorities in accordance with associations' actual needs. Starting from the second year, as each lot derives benefits, construction fees shall be collected annually, within the limit of total construction fees.
If purposes of the lots deriving benefits are amended, lot owner shall be responsible for construction fees that have not been paid. If lot ownership is transferred to a new proprietor, the new proprietor shall be responsible for paying construction fees.
 


Article 27
 New members to the irrigation associations, or members who benefit from the expansion of new construction projects, shall share construction fees proportionally; money collected would be used as special-purpose funds. The aforementioned money shall not be appropriated or used without the approval of supervising authorities.


 
Article 28
  Farmland irrigation associations shall collect fees for building and surplus water utilization, and the fees shall be classified as operation revenue.


 
Article 29
  Irrigation associations shall formulate criteria and measures for collecting various fees according to those 4 aforementioned articles. Supervising authorities shall establish such fee collection for criteria and measures.
 


Article 30
  Membership fees and construction fees established in the organization constitution, if not paid by obligators as scheduled, there shall be an incremental 1-percent overdue fine for every three days. But the incremental overdue fines shall not exceed 10 percent of the total.
Membership fees and construction fees, if not paid after 30 days, irrigation associations shall prepare a letter of receivables on demand, along with an overdue fine petition to court for compulsory execution. Obligators shall propose a letter of exception if unwilling to accept court ruling; but no letter of exception shall be proposed afterwards. Court ruling shall come into effect within 7 days.
 


Article 31 
   Irrigation association's total annual revenue, except necessary expenditure on wages and administrative expenses, shall be used for the constructions, maintenance, and improvement of irrigation facilities; public funds, disaster relief arrangement funds and depreciation arrangement funds shall be allotted with discretion.
Aforementioned public funds and arrangement funds shall not be employed without the approval of supervising authorities.


 
Article 32
  Irrigation association's funds shall be collected and managed by supervising authorities' designated financial institutions. 20 percent from the revenue surplus shall be appropriated for Joint Irrigation Association's counseling and assistance fees.


 
Article 33
 Budgets and final accounts shall be earmarked for irrigation Association's annual revenue and expenditure.
The supervising authorities shall be in charge of earmarking budgets and final accounts.
Regulations for Budgets the editor of the Irrigation Association and Regulations for Preparing final accounts of the Irrigation Association shall be promulgated by supervising authorities.
 


Article 34
 Supervising authorities shall formulate accounting systems and financial affairs management of irrigation associations.
Regulations for accounting systems and financial affairs management of the Irrigation Association shall be promulgated by supervising authorities.
 


Chapter VI, Supervision, counseling and assistance
 
Article 35
  For supervision, counseling and assistance formula for irrigation associations, they shall be instituted by supervising authorities. Regulations for supervision, counseling and assistance formula for irrigation associations shall be promulgated by supervising authorities.
Before the general principles are amended on January 19, 2012,the articles promulgated by municipal supervising authorities shall go into effect May 31, 2014 for those irrigation associations under municipal supervising authorities, unless other statutes instituted by supervising authorities exist.
 


Article 36   
  If irrigation associations are found to violate laws or be derelict of duties, affecting public welfare,supervising authorities shall impose necessary disciplinary actions or restraints. If such violations are of certain magnitude, supervising authorities shall rectify or take over management for re-organization.


 
Article 37   
  Presidents or meeting affairs commissioners of irrigation associations shall be dismissed from office if found to have one of the following:
  1.Those convicted of treachery and espionage works.
  2.Those convicted of fraud, embezzlement, breach of secrecy, and
    grafts. 
  3.Those convicted of crimes other than the two mentioned above, 
    with imprisonment for a definite term but not a probation
    announcement, or those not yet pay penalties.
  4.Those penalized for security reasons, or those who are subject to
    disciplinary actions.But this does not apply to those under
    constraints for probation reasons.
  5.Those whose rights have been suspended and not yet been reinstated. 
  6.Having been declared a guardianship or assistantship has not been revoked.
  Performance assessment, rewards and punishments laws for presidents and meeting affairs commissioners of irrigation associations shall be instituted by supervising authorities.
 


Article 38   
  Presidents and meeting affairs commissioners shall not be found with the following conducts:
  1.Directly, or indirectly contract association's constitution projects,
    or promote the sales of any facilities or merchandise to the
    associations.
  2.Profit by abusing their powers of office or public funds. 
  3.Disclose public affair secrecies to illegally profit others.
  4.Other conducts that violate the laws.


 
Article 38-1  
   One who is found committing any of the following behaviors in an election of the Irrigation 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)Silver 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 properties so received shall be confiscated. If confiscation is impossible in full or in part, a demand for payment of a value equivalent to the properties concerned shall be made to the offender.
 


Article 38-2   
  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 and fifty thousand(150,000)Silver Dollars.
  Any attempt to commit an offense as mentioned above shall be subject to punishment.



Chapter VII, Supplementary Provisions
 
Article 39
  To promote cooperation and mutual developments, irrigation associations thereby institute the Joint Irrigation Association.
  The Joint Irrigation Association is a Juridical Person.


Article 39-1    (Removed)



Article 40  
  Irrigation associations' organization and constitutions have been issued for enforcement before the general principles are implemented; statutes not applicable to the general principles shall be revised in accordance with the general principles.



Article 41
  The general principles go into effect the day they are promulgated.
  The articles amended on December 22, 2009 shall take into force since November 23, 2009.