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英譯法規內容

法規名稱(Title) Educational Association Act Ch
公發布日(Date) 2014.11.12
法規沿革(Legislative) 1. The act of 38 articles was promulgated by the KMT Government
on Jan. 27th,1931.
2. The act of 38 articles was revised and promulgated by KMT
Government on Oct. 31st, 1944.
3. The act was revised and promulgated as decree President
No. 74, Hua Tsung Ⅰ, Yi Tzu No. 2755 on Jun. 5th, 1985.
4. Article 3, artcle 10 and article 46 of the act were rivised
and promulgated as decree PresidentNo.91, Hua Tsung Ⅰ, Yi Tzu No.
09100075630 on Apr. 24th, 2002.
5. The full text of Article 16 and 47 are amended and promulgated
on 27th May of 2009 by President Order Hua-Tsung (1)-Yi-Tzu
No.09800134351, and take effect on 23rd November of 2009.
6. Articles 4, 7, 8, 13, 15, 21, 30, 35 and 36 amended and promulgated
through President’s Order No. Hua-Zong-Yi-Yi-Zi-10300168981
dated November 12, 2014.
法規內文(Content)

Chapter Ⅰ General Principles
Article 1    Educational Association was established
to research education, assist the development of
education and enhance the welfare of educational staff.
 
Article 2    Educational Association is legal person.
 
Article 3    The competent authorities of national
Educational Association is Ministry of the Interior,
the competent authorities of educational associations
in municipalities directly under central government are
municipality governments, the competent authorities of
educational associations in counties(cities) are the
county(city) governments.
The purpose enterprises of educational associations
should be under guidance and supervision of Ministry of
Education or Municipality or county(city) authorities
in charge of educational affairs.
 
Article 4    The tasks of an educational association are as follows:
1. Education-related research, as well as design and
improvement     suggestions;
2. Guidance of national knowledge on common life and
the promotion of lifelong learning;
3. Assistance in educational investigation and
statistics and compilation of books and periodicals;
4. Conducting members’ public welfare activities;
5. Coordination and liaison for members’ welfare and
cooperation;
6. Facilitation and implementation of educational
policies and regulations;
7. Educational matters commissioned by authorities or
groups;
8. Participation in educational activities and social
campaigns;
9. Other matters required by relevant laws and
statutes.

Chapter Ⅱ Establishment
Article 5    Educational associations include Township
(city or district) educational associations, county
(city) educational associations, provincial (municipal)
 educational associations and national educational
association.
 
Article 6    Educational associations of Township
(city or district), county (city) and provincial
(municipal) levels are organized according to the
administrative districts and are preceded by the names
of the relevant administrative districts as their
titles; National educational association is preceded by
R.O.C as its title..
 
Article 7    There shall be only one educational
association per level in an administrative district. This article does not apply to an education association
that had been established before the administrative
district in which it is located was formed.
 
Article 8    The location of an educational association must be in its organizational area.  An
education association may set up branches with a
resolution passed at the members’ (member
representatives’) general meeting.
 
Article 9    Township (city or district) educational
association is initiated and organized by at least
fifteen qualified members in this area; where there are
less than fifteen qualified members, they should join
in the educational association in an adjoining
administrative district.
 
Article 10    County (city) educational association is
initiated and organized by at least five Township
(city or district) educational associations of this
county (city); special cases approved by central
competent authorities are not subject to this
regulation.
 
Article 11    Provincial (municipal) educational
association is initiated and organized by at least five
county (city or district) educational associations in
this province (municipality); special cases approved by
central competent authorities are not subject to this
regulation.
 
Article 12    National educational association is
initiated and organized by at least three provincial
(municipal) educational associations.
 
Article 13    The initiation and establishment of an
educational association shall be reported to the
competent authorities for approval before the initiator
meeting is convened to establish a preparatory
committee.
The competent authorities may send personnel to attend
the meeting of the preparatory committee and the
inaugural meeting of the educational association. The
educational association shall submit the articles of
association, roster of members and resumes of directors
and supervisors to the competent authorities for
reference within 15 days after the inaugural meeting,
and the competent authorities shall forward the
submitted information to the central competent
authority..
 
Article 14    The articles of educational associations
should state clearly the following items:
1. Title
2. Purpose
3. Organizational area
4. Locale of meeting
5. Tasks
6. Organizational structure
7. Procedures of enrollment, withdrawal from the
educational associations and removal of membership.
8. The rights and obligations of members.
9. The number, office term, appointment and dismission
 of member representatives, directors and supervisors.
10. The title, number, appointment and dismission of
working staff of educational associations.
11. Meeting affairs.
12. Fund and financial affairs.
13. Procedures for the revision of articles.
 
Chapter Ⅲ Members
Article 15    R.O.C citizens over 20 years of age who
work or reside in organizational areas of educational
associations, work as school or preschool teachers,
have ever worked as school teachers for more than three
years, work as administrative personnel of educational
authorities at any level, or work as professionals of
a social education institute or researchers of an
academic research institutions, may join the
educational associations located in the townships,
cities or districts where they work or reside and
become individual members.
Schools, social education institutes and academic
research institutions of all levels can join the
educational associations located in the townships,
cities or districts in which they are located and
become sponsoring members. Sponsoring members have no
rights to select or be selected.
 
Article 16    Any of the following persons cannot
become members of educational associations:
1. Persons who commit crimes of civil strife and
foreign aggression and whose crimes have been
testified.
2. Persons who commit crimes other than those mentioned
in subparagraph 1 and are in the execution of punishment.
3. Persons who have been deprived of public rights.
4. Persons who have been placed under custodianship and
 such custodianship has not yet been withdrawn.
5. Persons who are in the declaration of bankruptcy.
 
Article 17    The lower educational associations are
the group members of the relevant upper educational
associations.
The group representatives of lower educational
associations to attend the meetings of upper
educational associations are elected or appointed in
meetings of councils of group members two months before
the reelection of directors and supervisors of upper
educational associations, the number of member
representatives is decided by the upper educational
associations in proportion to the number of
representatives of each group member, which is
stipulated in the articles.
 
Article 18    Members (member representatives) have
the rights of vote, election, being elected and recall,
one vote for each.
 
Article 19    When members or member representatives
cannot attend the general meetings in person, they
should entrust other members or member representatives
to deputize their votes, each member or member
representative can only deputize one member or member
representative and the entrusted members or member
representatives should not exceed half of the number of
those attending the meetings.
 
Article 20    The membership transfer of members of
educational associations of township (city district) is
decided by central competent authorities.
 
Chapter Ⅳ Staff
Article 21   An educational association shall have
directors and supervisors, who shall be elected by
members (or member representatives) at the members’
 (member representatives’) general meeting to form the
board of directors and the board of supervisors,
respectively.
The number of directors is provided as follows:
1. No more than 15 directors for an educational
association at the township (city or district) level;
2. No more than 21 directors for a county (city)
educational association;
3. No more than 33 directors for a provincial
(municipal) educational association;
4. No more than 39 directors for a national educational
 association.
The number of directors shall not exceed half of the
number of all of the members or member representatives. The supervisors shall not exceed one third of the
directors. Backup directors and backup supervisors
shall not exceed one third of the directors and
supervisors, respectively.
In case of more than three directors or supervisors,
standing directors or standing supervisors may be
elected by and from the directors or the supervisors. The number of standing directors or standing
supervisors shall not exceed one third of the directors
or supervisors. A chairperson shall be elected from
among the standing directors, or from among the
directors if there is no standing director.
The convener of meetings of the board of supervisors
shall be elected by and from the standing supervisors
when there are more than three standing supervisors.
 
Article 22    Council and board of supervisors should
execute their duties respectively in accordance with
the decisions and articles made in general meeting.
 
Article 23    The election of directors and
supervisors of upper educational associations is not
subject to the elected directors or supervisor being
directors or supervisors of the lower educational
associations, and the group representatives elected to
attend the meeting of upper educational association are
 not subject to the elected group representatives being
 directors or supervisors of the lower educational
association.
 
Article 24    The directors or supervisor of upper
educational associations should not hold the posts of
directors or supervisors of lower educational
associations.
 
Article 25    Directors and supervisors are unpaid
posts.
 
Article 26    The office term of directors and
supervisors is three years, those serving two
consecutive office terms should not exceed half of the
 directors or supervisors respectively, the head of
directors can only serve two consecutive office terms.
When the work of reelection is finished, the resumes of
 newly-elected directors and supervisors should be sent
 to the competent authorities for check and reference
 within 15 days.
 
Article 27    When directors or supervisors have any
 of the following situations, they should be dismissed
 immediately, and the vacancies should be filled by
 backup directors and supervisors in turn:
1. Lose the member qualification
2. Resignation adopted by council and board of
supervisors.
3. Those dismissed or relieved in accordance with the act.
4. The educational associations they belong to are
dissolved in accordance with the act.
 
Article 28    The appointment and dismission of
working staff should be reported to council and
approved by the council in accordance with the articles
 of educational association, the appointment and
dismission of working staff should be submitted to the
 competent authorities for check and reference at the
same time.
 
Chapter Ⅴ Meeting
Article 29    General meetings should be adopted and
convened by the head of directors, including the
following:
1. Regular meetings held at least once a year.
2. Temporary meetings when council consider necessary
or demanded by more than one fifth of the
representatives or convened by the board of
supervisors.
If the regular meetings cannot be convened punctually,
the competent authorities should appoint a director to
 convene the regular meetings.
 
Article 30    The calling of the members’ (member
 representatives’) general meeting shall be announced
 15 days prior to said meeting. However, for a
provisional meeting called due to emergency, the
announcement may be conveyed in a shorter time if
members are able to timely attend the provisional
meetings.
The educational association shall report the above
 meetings to the competent authorities and ask the
competent authorities to send personnel to attend the
 meetings.
 
Article 31    The decisions made in general meetings
 will take effect when more than half of the members or
 member representatives attend the meetings and half of
 the attending members or member representatives agree
 to them. But, about the following items, the decisions
 will take effect only when more than two thirds of the
 members or member representatives attending the
meetings and more than two thirds of the attending
 members or member representatives agree to the
decisions.
1. The modification of articles.
2. Punishment of members and/or member representatives.
3. Dismission of directors and/or supervisors.
4. Decisions about liquidation and the appointment of
 personnel in in charge of liquidation.
5. Punishment of property.
 
Article 32    When the members of a educational
 association exceed three hundred persons, the council
 should divide electorates according to the
distribution of members and representatives are to be
 elected from each electorate to attend the general
meeting,
 
Article 33    Council and board of supervisors should
hold meetings at least once three months, and the
backup directors and supervisors should attend the
meetings respectively as nonvoting delegates.
 
Article 34    The decisions made in the meetings of
council or board of supervisors are to take effect when
 more than half of the directors or supervisors attend
 the meetings respectively; the resignation of
directors and supervisors should be adopted and take
effect only when more than half of the directors and
supervisors attend the meetings respectively and more
 than two thirds of the attending directors or
supervisors respectively agree to the resignation.
 
Chapter Ⅵ Fund
Article 35    The incomes of an educational
association are as follows:
1. Admission fee paid by each member when joining the
 association;
2. Annual membership dues paid yearly;
3. Donations from members;
4. Operating fee;
5. Commission income;
6. Funds and interest of funds;
7. Subsidies from the government;
8. Other incomes.
The amounts mentioned in Subparagraph 1 and
Subparagraph 2 of the preceding paragraph and the
regulations for receiving fees shall be provided in the
 articles of the educational association.

Article 36    The raising of the operating fee
provided in Subparagraph 4 of Paragraph 1 of the
 preceding article shall be included in the annual plan
 of each educational association and implemented after
being passed by resolution at the members’ (member
representatives’) general meeting.
 
Article 37    The annual budge book and final accounts
 book of educational association should be checked by
council, reported to general meeting for adoption and
finally submitted to competent authorities for check
and reference.
 
Article 38    When being dissolved, educational
associations should carry out liquidation work and the
 personnel in charge of the liquidation are to be
appointed in general meeting; when no personnel can be
 appointed, inquisitors, interest-concerned parties or
the competent authorities should request the court to
appoint the personnel in charge of the liquidation
work.
The surplus property of educational association after
 liquidation goes to the newly organized educational
association, when no enough members are available to
form a new educational association, the surplus
property goes to the educational association of upper
 level.
 
Article 39    Enterprises run by educational
association should have separate accountants, and the
accounts should be sent to council and general meeting
 for check and adoption, then to competent authorities
and educational authorities for check and reference.
After the halt of the enterprises run by educational
association, the relevant rights and obligations are to
 be borne by the educational association.
 
Chapter Ⅶ Supervision
Article 40    Members of educational association who
don’t pay their membership dues in accordance with the
 act and pay no response after persuasions in written
form from the educational association should be
 deprived of membership upon decisions made by council.
 
Article 41    When directors or supervisors break the
relevant decree or articles in the execution of duties
and the breach is put forward by more than one tenth of
 the members or member representatives and testified by
 more than two thirds of the attending members or
member representatives in general meetings attended by
 more than two thirds of members or member
representatives, the decree-breaking directors or
 supervisors are to be dismissed immediately, those who
 should bear criminal duties are to be punished in
 accordance with the relevant act.

 
Article 42    If educational association breaks the
decrees, articles, oversteps its authorities, hamper
 commonweal affairs or meeting affairs, the competent
 authorities should punish it as per the following
procedures:
1. Warning
2. Cancel its decisions.
3. Relieve its directors and supervisors.
4. Reshuffle the educational association.
5. Dissolve the educational association.
The punishment mentioned in subparagraph 1 and
 subparagraph 2 are carried out by educational
 authorities and competent authorities; lower competent
 authorities should report the punishment mentioned in
 subparagraph 3, subparagraph 4 and subparagraph 5 to
upper competent authorities for approval.
The reorganization of an educational association after
 the punishment of reshuffle in accordance with
 subparagraph 4 of Paragraph 1 or after the punishment
 of dissolution in accordance with subparagraph 5 of
Paragraph 1 is decided by central competent
 authorities.
 
Article 43    Educational association should not run
 lucrative enterprises.
 
Article 44    Educational association should not
 persuade its members to donate money without adoption
 in general meeting and approval from competent
 authorities.
 
Chapter Ⅷ Supplementary Provisions
Article 45    The relevant prescriptions of
 educational associations of township (city or
district) level apply to provinces and municipalities
 without sub-districts.
 
Article 46    The enforcement rules on the
implementation of the act are enacted by central
competent authorities.
 
Article 47    The act takes effect as of the date of
 promulgation.
The articles of this law amended on 12nd May of 2009 of
 the Republic of China take effect on 23rd November of
 2009.